(1) PROHIBITED METHODS. No person shall:
(a)
Aircraft. Hunt with the
aid of an aircraft, including the use of an aircraft to spot, rally or drive
wild animals for hunters on the ground.
(b)
Devices.
1. Place, operate or attend, spread, or set
any net, pitfall, snare, spring gun, pivot gun, swivel gun, or other similar
contrivance for the purpose of catching or which might catch, take or ensnare
wild animals.
2. Use or possess any
snare, cable restraint, trap or device designed or used for the purpose of
driving rabbits or hares out of their holes or dens and capturing
them.
3. While hunting with a
firearm, bow, or crossbow, possess or accompany a person possessing any turkey
decoy or device which may be used to call or attract wild turkeys during the
spring hunting season for wild turkeys described in s.
NR 10.01(2)
(f) unless that person possesses a valid
turkey hunting license and valid, unused harvest
authorization.
(d)
Molesting. Molest the nest or den of any squirrel.
(e)
Ferret. Use or possess
any ferret while hunting.
(f)
Retrieval. Fail to make every reasonable effort to retrieve
all wild animals killed or crippled; and until such effort is made, such wild
animals shall be included in the daily bag.
(i)
Dog use. Hunt or pursue
any free-roaming wild animal with the aid of dog or dogs May 1 to June 30 in
that portion of the state north of the highways shown on the following map
except for dog trials and training under permit as established by ch.
See PDF for
diagram
(k)
Marking. Capture and tag, collar or mark and release any game
taken from the wild unless issued a permit by the department pursuant to s.
NR 19.11, or as authorized under a federal migratory bird
banding permit, or a license issued under s.
169.25,
Stats. The normal uses of archery equipment for hunting such as lighted,
reflective, or glowing nocks are not a violation of this
paragraph.
(2) GENERAL
BAITING REGULATIONS.
(a)
General
prohibition.
1. No person may place,
use or hunt over bait or feed material for the purpose of hunting wild animals
or training dogs, except as provided in par. (b) or sub. (2m), or as authorized
by a permit or license issued under s.
29.614(1)
or
169.25(1)
(a), Stats., or s.
NR 12.06(11) or 12.10(1).
Note: Section
29.614,
Stats., states: Scientific collector permit.
(1) Application for a scientific collector
permit shall be submitted to the department. The department may issue a
scientific collector permit if the department determines that the applicant is
a natural person and is engaged in a bona fide program leading to increased,
useful scientific knowledge.
Note: Section
169.25,
Stats., states: Scientific research license. (1) Issuance.
(a) The department shall issue a scientific
research license to any person who is engaged in a study or in research that
the department determines will lead to increased, useful scientific knowledge
and who files a proper application and who pays the applicable
fee.
2. No person may
hunt or train dogs over bait or a feeding site that is in violation of s.
29.336(4),
Stats., this section, or in violation of the feeding prohibitions of s.
NR 19.60,
unless the feeding site is completely free of bait or feed material for at
least 10 consecutive days prior to hunting, pursuing animals or dog training.
Note: Section
29.336(4),
Stats., states that a person may feed deer for hunting purposes in counties not
included in the rules promulgated under sub. (2) during any season open for
hunting deer if all of the following apply:
(a) Not more than 2 gallons of material are at the feeding
site.
(b) No feeding site is closer
than 100 yards of another feeding site.
(c) The person does not place more than 2 gallons of material in
any area comprising 40 acres or less.
(d) The material used to feed deer does not contain any animal
part or animal byproduct. Note: Removal of unlawfully placed bait or feed
material does not preclude the issuance of a citation for the original
placement of the unlawful baiting or feeding
material.
(b)
General exceptions. A person may place, use or hunt over bait
or feed as follows:
1. For the purpose of
hunting bear and bear dog training in compliance with sub. (2m).
2. For the purpose of hunting deer in
compliance with sub. (2m).
3. Scent
may be used for hunting game and, except as allowed under subd. 4., the scent
may not be placed or deposited in a manner in which it is accessible for
consumption by deer or elk, and scents shall be removed daily at the end of
shooting hours for deer established in s.
NR 10.06(5).
4. Two ounces or less of scent may be placed,
used or deposited in any manner for hunting game and does not need to be
removed daily at the end of shooting hours.
5. With the aid of material deposited by
natural vegetation or material found solely as a result of normal agricultural
or gardening practices.
6. With the
aid of crops planted and left standing as wildlife food plots.
7. With the aid of feed material placed in a
bird feeding structure or device if the hunting is authorized under s.
29.337,
Stats.
8. For the purpose of
hunting coyote, fox, raccoon and unprotected species over bait or feed placed
in compliance with this section or s.
NR 19.60,
if the hunting involves the release and use of trailing hounds.
9. Bait placed for trapping as specified in
s.
NR 10.13.
10.
Feed or bait material placed or used for fish, reptiles, amphibians or
arthropods, provided the material is not accessible to bear, deer or elk.
Note: 29.337 Hunting and trapping by landowners and
occupants.
(1) The owner or occupant of
any land, and any member of his or her family, may hunt or trap beaver,
coyotes, foxes, raccoons, woodchucks, rabbits, and squirrels on the land
without a license issued under this chapter or ch. 169 at any time, except as
follows:
(a) An owner or occupant
may not hunt any of these wild animals during the period of 24 hours before the
time for commencement of the deer hunting season in any area where an open
season for hunting deer with firearms is established.
(b) Such persons may not hunt coyotes during
an open season for hunting deer with firearms in an area that is closed by the
department by rule to coyote hunting.
Note: Placing or using bait for purposes of trapping is
regulated by ss.
NR 10.13(1)
(b), 19.27, 19.275 and not this subsection.
Baiting for migratory birds is regulated by s.
NR 10.12(1)
(h) and not this subsection. This subsection
does not prohibit hunting with the use of decoys except as already prohibited
under ss.
NR 10.12(1) (f) and
(g) and 10.25(4)
(d).
(2m) BEAR AND DEER BAITING REGULATIONS.
(a)
Affected area.This
section applies to deer and bear hunting statewide, except for baiting deer in
the areas described in par. (b) where baiting for deer is prohibited.
(b)
Excluded area. Deer
baiting and feeding is prohibited in entire counties where any of the following
criteria apply:
1. A CWD affected area has
been established in the county or a portion of the county.
2. A CWD or bovine tuberculosis positive
captive or free-roaming, domestic or wild animal has been confirmed after
December 31, 1997 from the county.
3. The county or portion of the county is
within a 10 mile radius of a captive or free-roaming, domestic or wild animal
that has been tested and confirmed to be positive for CWD or bovine
tuberculosis after December 31, 1997.
(c)
Inclusion of additional
counties.1. The department may add
additional counties under par. (b) if they meet the criteria established in
par. (b) 1., 2. or 3.
2. The
prohibitions and exemptions in this subsection shall become effective upon
issuance of an order by the secretary of the department and publication in the
official state newspaper. In addition, a notice of the order shall be provided
to newspapers, legislators and hunting license outlets in the area
affected.
(d)
Bear hunting and bear dog training. Bait or feed may be placed
and used for the purpose of hunting bear or training bear dogs, except no
person may place, use or hunt over bait or feed:
1. Beginning the day after the bear season
closes and continuing through the following April 14.
2. In excess of 10 gallons of bait or feed at
any feeding site.
3. That is not
totally enclosed in a hollow log, a hole in the ground or stump which is capped
with logs, rocks or other naturally occurring and unprocessed substances which
prevents deer from accessing the material. Liquid scent used for hunting of
bear or training bear dogs does not need to be enclosed.
4. Unless, when the bait or feeding site is
checked or re-baited, all bait that has been uncovered is again enclosed and
made inaccessible to deer in accordance with subd. 3.
(e)
Deer hunting. Bait or
feed may be placed and used for hunting deer outside of the counties described
in par. (b), except no person may place, use or hunt over bait or feed:
1. During the closed season for hunting deer.
For the purpose of this paragraph, the open season for hunting of deer includes
the 24-hour period prior to the deer seasons established in s.
NR 10.01(3).
2. In excess of 2 gallons of bait or feed at
any feeding site.
3. In excess of 2
gallons of bait or feed on each contiguous area of land under the same
ownership that is 40 acres or less, or for each full 40 acres that make up a
contiguous area of land under the same ownership.
4. At any feeding site that is located within
100 yards of any other feeding site located on the same contiguous area of land
under the same ownership.
Note: A person may place bait or feed for another person
and may hunt over another person's bait or feed site if the person placing the
bait is in compliance with s. NR 10.07(2) and (2m).
(f)
Additional prohibitions.
For bear hunting and bear dog training and for deer hunting outside of the
counties described in par. (b), no person may place, use or hunt over bait or
feed that:
1. Contains or is contained within
metal, paper, plastic, glass, wood or other similar processed materials, except
that a processed wood bottom may be affixed to a hollow log or stump using
adhesive, nails, or screws for the purpose of containing bait or feed. This
subdivision does not apply to scent material and does not prohibit bait or feed
from being placed in hollow logs or stumps.
2. Contains any animal part or animal
byproduct.
3. Is located within 50
yards of any trail, road or campsite used by the public, or within 100 yards
from a roadway, as defined in s.
340.01(54),
Stats., having a posted speed limit of 45 miles per hour or more.
4. Except as authorized under s.
NR 19.60(3) (a)
1., is in a feeder designed to deposit or
replenish the feed automatically, mechanically or by gravity.
Note: Section
340.01(54),
Stats., "Roadway" means that portion of a highway between the regularly
established curb lines or that portion which is improved, designed or
ordinarily used for vehicular travel, excluding the berm or shoulder. In a
divided highway, the term "roadway" refers to each roadway separately but not
to all such roadways collectively.
(g)
Valid approval required.
Unless hunting pursuant to s. NR 10.07(2) (b) 8., no person may hunt over bait
or feed material placed for:
1. Bear without
possessing a valid unused class A bear license and carcass tag.
2. Deer without possessing an appropriate
valid archer, crossbow, or gun deer license and valid, unused harvest
authorization.
Removal of unlawfully placed bait or feed material does
not preclude the issuance of a citation for the original placement of the
unlawful baiting or feeding material.