29.191 HistoryHistory: 1997 a. 248 ss. 195 to 211, 352 to 355, 357 to 362, 365 to 367, 406 to 408; 2001 a. 56; 2005 a. 25. 29.191 Cross-referenceCross-reference: See also ch. NR 8 and ss. NR 10.12 and 10.125, Wis. adm. code. 29.19229.192 Regulation of takings of certain wild animals. 29.192(1)(1) The department may regulate and limit the number of hunters and the maximum harvest of Canada geese in any area, by doing any of the following: 29.192(1)(a)(a) Requiring hunters to tag each goose killed with a tag issued by the department. 29.192(1)(b)(b) Requiring registration of each farm on which Canada goose hunting is allowed. 29.192(1)(c)(c) Prohibiting the hunting of Canada geese without a valid permit issued by the department. 29.192(1m)(1m) The department may not do any of the following: 29.192(1m)(a)(a) Require a person to indicate on his or her hunting permit or otherwise record each Canada goose killed by the person. 29.192(1m)(b)(b) Require a person to report to the department more than once annually each Canada goose killed by the person. 29.192(2)(2) The department may establish by rule sharp-tailed grouse hunting zones where sharp-tailed grouse hunting is permitted. The department may establish by rule closed zones where sharp-tailed grouse hunting is prohibited. The department may regulate and limit the number of hunters and the maximum harvest of sharp-tailed grouse in any sharp-tailed grouse hunting zone or any other area, by doing any of the following: 29.192(2)(a)(a) Requiring hunters to validate a carcass tag in the manner required by the department for each sharp-tailed grouse killed. 29.192(2)(b)(b) Prohibiting the hunting of sharp-tailed grouse without a valid permit issued by the department. 29.192(3)(3) The department may limit the number of trappers and the maximum harvest of wild fisher or otters in any area. The department may limit the number of hunters or trappers, or both, and may limit the maximum harvest of bobcats or beaver in any area. The department may limit the number of persons fishing for sturgeon by hook and line or by spear, or both, and may limit the maximum harvest of sturgeon in any area. The department may impose any limitation under this subsection by establishing a permit system. 29.192(4)(a)(a) If the department decides to limit the number of persons taking Canada geese or sharp-tailed grouse by issuing permits and if the number of persons seeking the permits exceeds the number of available permits, the department shall issue the permits according to a cumulative preference system established by the department. The department shall give a preference point to each applicant for each previous season for which the applicant applied but was not issued a permit. The system shall establish preference categories for these applicants, with higher priority given to those categories with more points than those with fewer points. Applicants who fail to apply at least once during any 3 consecutive years shall lose all previously accumulated preference points. If the number of applicants within a preference category or subcategory exceeds the number of permits available in the category or subcategory, the department shall select at random within the category or subcategory the applicants to be issued the permits. 29.192(4)(b)1.1. If the department decides to issue permits to limit the number of persons taking fishers, otters, bobcats, or sturgeon and if the number of persons seeking the permits exceeds the number of available permits, the department shall issue the permits according to a cumulative preference system established by the department. The system shall establish preference categories for those applicants who applied for but were not issued the applicable permits, with higher priority given to those categories with more points than those with fewer preference points. For each season, the department shall allow each applicant under the system to apply for a preference point or for a permit. The department shall give a preference point to each applicant who applies for a preference point and to each applicant who applies for a permit but who is not issued a permit. Applicants who fail to apply for either a preference point or a permit at least once during any 3 consecutive years shall lose all previously accumulated preference points. If the number of applicants within a preference category or subcategory exceeds the number of permits available in the category or subcategory, the department shall select at random within the category or subcategory the applicants to be issued the permits. 29.192(4)(b)2.2. A person who applies for a preference point or a permit under subd. 1. shall pay the processing fee under s. 29.553 at the time of application. 29.192(4)(b)3.3. The department shall issue a permit to those qualified applicants selected to receive a permit under subd. 1. 29.192(4c)(a)(a) Notwithstanding sub. (4), the department may issue permits authorizing the hunting of Canada geese without requiring that the permits be issued pursuant to a cumulative preference system under sub. (4) to members of the U.S. armed forces who are all of the following: 29.192(4c)(a)2.2. In active service with the U.S. armed forces outside this state. 29.192(4c)(b)(b) The department may not impose any deadline or other restriction on the timing for permit applications or issuing permits under this subsection. If a permit under this subsection is issued during the applicable hunting season, the permit shall authorize hunting beginning on the date of issuance. 29.192(4c)(c)(c) An applicant for a Canada goose hunting permit under this subsection shall be eligible for the same number of tags, if any are required, for each season as an applicant who is issued a Canada goose hunting permit under the cumulative preference system under sub. (4). 29.192(4m)(4m) If the department establishes a permit system under sub. (3) or (4) (b) that affects the trapping of bobcats, fishers, or otters, the department may do any of the following: 29.192(4m)(a)(a) Impose greater or stricter limitations on trapping by nonresidents than on trapping by residents. 29.192(4m)(b)(b) Give greater preference to residents over nonresidents in issuing permits. 29.192(5)(5) The department shall establish the open season for hunting raccoon 2 weeks earlier for persons with resident licenses than for persons with nonresident licenses. 29.192(6)(6) The department shall establish a year-round open season for hunting and trapping woodchucks. The department may not impose a bag or possession limit for this season. 29.19329.193 Approvals for disabled persons. 29.193(1m)(a)(a) The department shall, after an investigation and without charging a fee, issue a trolling permit to any person who meets any of the following requirements: 29.193(1m)(a)1.1. Has an amputation or other loss of one or more arms above the wrist. 29.193(1m)(a)2.2. Has a permanent substantial loss of function in one or both arms or one or both hands and fails to meet the minimum standards of any one of the following standard tests, administered under the direction of a licensed physician, a licensed physician assistant, a licensed chiropractor, or a certified advanced practice nurse prescriber: 29.193(1m)(a)3.3. Produces a certificate from a licensed physician or optometrist stating that his or her sight is impaired to the degree that he or she cannot read ordinary newspaper print with or without corrective glasses. 29.193(1m)(b)(b) A disabled person who holds a current fishing license issued under this chapter or who is exempt from holding a fishing license under this chapter and who holds either a trolling permit issued under par. (a) or a Class A permit issued under sub. (2) may fish or troll in the waters of this state using an electric motor. A person who assists the disabled person in the same boat may also fish or troll if he or she also holds a current fishing license or is exempt from holding a license. A person may use an electric motor under this subsection notwithstanding any ordinances enacted under s. 30.77 (3) that prohibit the use of motor boats on navigable waters. The use of such motor is subject to any rules promulgated by the department regarding the use of electric motors for fishing or trolling by disabled persons. 29.193(2)(a)1.1. “Accompanied” means being subject to continuous visual or voice contact without the aid of any mechanical or electronic amplifying device other than a hearing aid. 29.193(2)(b)1.1. The department shall, after investigation and without charging a fee, except for the costs of review in par. (c) 3. or (e), issue a Class A, Class B, Class C, or Class D permit to any person, as provided in this subsection. 29.193(2)(b)2.2. An applicant shall submit an application on a form prepared and furnished by the department, which shall include a written statement or report prepared and signed by a licensed physician, a licensed physician assistant, a licensed chiropractor, a licensed podiatrist, or a certified advanced practice nurse prescriber prepared no more than 6 months preceding the application and verifying that the applicant is physically disabled. 29.193(2)(b)3.3. As part of the application for a Class A, Class B, or Class D permit under this subsection, the applicant shall authorize the department by written release to examine all medical records regarding the applicant’s physical disability. 29.193(2)(c)1.1. The department shall issue a Class A permit under this subsection to an applicant who is permanently disabled, as determined by the department, in any of the following ways: 29.193(2)(c)1.a.a. Has a permanent or irreversible physical disability, is unable to ambulate and requires a wheelchair, walker, one leg brace or external prosthesis above the knee, 2 leg braces or external prostheses below the knees, 2 crutches or 2 canes for mobility. 29.193(2)(c)1.b.b. Suffers significantly from lung disease, to the extent that forced expiratory volume for one second when measured by spirometry is less than one liter or the arterial oxygen tension is less than 60 millimeters of mercury on room air at rest. 29.193(2)(c)1.c.c. Suffers significantly from cardiovascular disease, to the extent that functional limitations are classified in severity as class 3 or 4, according to standards accepted by the American heart association on May 3, 1988, and where ordinary physical activity causes discomfort, fatigue, palpitation, dyspnea or anginal pain. 29.193(2)(c)2.2. The department shall issue a Class B permit under this subsection to an applicant who has a temporary disability which restricts mobility or ambulation due to injury or operative procedures and who either has a leg, hip or back, or any part thereof, casted by a licensed physician due to a fracture or has leg, hip or back surgery. 29.193(2)(c)2m.2m. The department may issue a Class B permit under this subsection to an applicant who has a temporary disability which restricts mobility or ambulation due to illness, injury or operative procedures. 29.193(2)(c)3.3. The department may issue a Class B permit to an applicant who is ineligible for a permit under subd. 1., 2. or 2m. or who is denied a permit under subd. 1., 2. or 2m. if, upon review and after considering the physical condition of the applicant and the recommendation of a licensed physician, a licensed physician assistant, a licensed chiropractor, a licensed podiatrist, or a certified advanced practice nurse prescriber selected by the applicant from a list of licensed physicians, licensed physician assistants, licensed chiropractors, licensed podiatrists, and certified advanced practice nurse prescribers compiled by the department, the department finds that issuance of a permit complies with the intent of this subsection. The use of this review procedure is discretionary with the department and all costs of the review procedure shall be paid by the applicant. 29.193(2)(c)4.4. The department shall issue a Class C permit to any person who is visually handicapped. 29.193(2)(c)5.5. The department shall issue a Class D permit to any person who meets the requirements under par. (cd). 29.193(2)(cd)1.1. A person is eligible for a Class D permit if he or she meets the requirements specified in subds. 2. and 3. 29.193(2)(cd)2.2. A person meets the requirements of this subdivision if any of the following applies: 29.193(2)(cd)2.a.a. The person has an amputation or other loss of one or more arms at or above the elbow. 29.193(2)(cd)2.b.b. The person has a permanent substantial loss of function in one or both arms and fails to meet the minimum standards of the standard upper extremity pinch test, the standard grip test, or the standard nine-hole peg test, administered under the direction of a licensed physician, a licensed physician assistant, a licensed chiropractor, or a certified advanced practice nurse prescriber. 29.193(2)(cd)2.c.c. The person has a permanent substantial loss of function in one or both shoulders and fails to meet the minimum standards of the standard shoulder strength test, administered under the direction of a licensed physician, a licensed physician assistant, a licensed chiropractor, or a certified advanced practice nurse prescriber. 29.193(2)(cd)3.3. A person meets the requirements of this subdivision if any of the following applies: 29.193(2)(cd)3.a.a. The person is unable to place his or her nondominant hand or prosthesis in a position that is level with his or her shoulders and at a minimum distance of 27 inches from his or her body or is unable to hold a 5-pound weight for 10 seconds when that person’s nondominant hand or prosthesis is in that position. 29.193(2)(cd)3.b.b. The person is unable to place his or her dominant hand or prosthesis in a position that is level with his or her shoulders at a minimum distance of 11 inches from his or her body. 29.193(2)(cg)(cg) Approval required. In order to hunt, fish or troll after receiving a permit under this section, the permit holder must apply for and be issued, or must already hold, any type of approval required under this chapter for the type of hunting or fishing that he or she will be doing. 29.193(2)(cr)1.1. A person holding a current resident or nonresident deer hunting license and a Class A or Class C permit may hunt deer of either sex during any season open to hunting of deer with firearms that is established by the department. 29.193(2)(cr)2.2. A Class A permit authorizes the holder to do all of the following: 29.193(2)(cr)3.3. A Class B permit authorizes the holder to use any of the hunting or fishing methods authorized in this chapter for a holder of a Class A permit that are specifically approved by the department for that Class B permit holder upon issuance or subsequent modification of the Class B permit. 29.193(2)(cr)4.4. A person holding a current resident or nonresident deer hunting license and a Class D permit may hunt deer of either sex with a firearm or airgun only during a special season established by the department that is open for hunting deer with firearms by disabled persons who hold a permit under this section. 29.193(2)(d)1.1. A holder of a Class A or Class B permit may be accompanied by a person who is not eligible to apply for a Class A or Class B permit. The accompanying person may not hunt or carry a firearm, airgun, bow, or crossbow unless that person has been issued the appropriate approval to do so. The assistance rendered by an accompanying person who has not been issued the appropriate approval is limited to field dressing, tagging, and retrieving game for the permit holder. 29.193(2)(d)2.2. A holder of a Class C permit shall be accompanied by a person who is not eligible to apply for a permit under this section. The accompanying person may not hunt or carry a firearm, airgun, bow, or crossbow unless the person has been issued the appropriate approval to do so. The assistance rendered by an accompanying person may include sighting the firearm, airgun, bow, or crossbow, identifying the game, and field dressing, tagging, and retrieving game for the permit holder. 29.193(2)(d)3.3. A holder of a Class D permit may use an adaptive device, as authorized by the department by rule, to facilitate the use of a firearm or an airgun and may be accompanied by a person who is not eligible to apply for a permit under this section. The accompanying person may not hunt or carry a firearm, airgun, bow, or crossbow unless that person has been issued the appropriate approval to do so. The assistance rendered by an accompanying person who has not been issued the appropriate approval is limited to field dressing, tagging, and retrieving game for the permit holder and any other assistance authorized by the department by rule. 29.193(2)(e)(e) Review of decisions. An applicant denied a permit under this subsection, except a permit under par. (c) 3., may obtain a review of that decision by a licensed physician, a licensed physician assistant, a licensed chiropractor, a licensed podiatrist, or a certified advanced practice nurse prescriber designated by the department and with an office located in the department district in which the applicant resides. The department shall pay for the cost of a review under this paragraph unless the denied application on its face fails to meet the standards set forth in par. (c) 1. or 2. A review under this paragraph is the only method of review of a decision to deny a permit under this subsection and is not subject to further review under ch. 227. 29.193(3)(3) Annual fishing license for disabled persons. The department or a county clerk appointed under s. 29.024 (6) (a) 2. shall issue, subject to s. 29.024 (2g), an annual disabled person fishing license to any resident at the time the resident applies for this license if the resident does one of the following:
/statutes/statutes/29
true
statutes
/statutes/statutes/29/iii/192/4c/c
Chs. 23-34, Public Domain and the Trust Funds
statutes/29.192(4c)(c)
statutes/29.192(4c)(c)
section
true
