Current through August 26, 2024
(1) PURPOSE. This
section contains rules for the procedures required to apply to the department
for a waiver of approvals, applicable fees and other requirements pursuant to
s.
29.197(2) and (5), Stats., for an educational outdoor
skills activity that is sponsored or approved by the department. It further
explains the reasonable conditions, limitations and restrictions that will be
necessary to allow for approval of the waiver.
(2) DEFINITIONS. As used in this section:
(a) "Accompany" means be in immediate
presence of the novice participant.
(b) "Educational outdoor skills activity"
means a course to teach novice participants how to hunt, trap or
fish.
(c) "Mentor" means a person
who is instructing or assisting with teaching of the educational outdoor skills
activity.
(d) "Novice participant"
for fishing means any person who is 5 years of age or older who has less than 2
years of fishing experience.
(e)
"Substantial loss of revenue" means a loss of fishing, trapping and hunting
license fees from persons who are not novice participants.
(3) GENERAL; CONDITIONS, LIMITATIONS AND
RESTRICTIONS.
(a) An applicant shall submit a
request for a waiver at least 30 days prior to a hunting or trapping
educational outdoor skills activity and 15 days before a fishing educational
outdoor skills activity. The department may waive the 15 day period for fishing
educational outdoor skills activities when the department determines it is not
required to conduct criminal history, character or background checks. All
applications shall be submitted on forms provided by the department.
(b) A written course outline shall be
submitted along with the request for waiver for approval by the
department.
(c) There shall be a
minimum of 4 hours of classroom and field instruction prior to the hunting or
fishing educational outdoor skills activity.
(dm) If there are more novice participant
applicants for a specific educational outdoor skills activity event or location
than the department or applicant sponsoring the educational outdoor skills
activity is able to accommodate, the department may select which of the novice
participant applicants will be allowed to participate. When making this
selection, the department shall give preference to those novice participant
applicants who have had the least previous exposure, as determined by the
department, to that recreational activity or the least opportunity to accompany
others and learn about that recreational activity.
(e) Where applicable, written authorization
from the host landowner shall be obtained and submitted with the application.
It shall include the legal description of the lands on which the educational
outdoor skills activity will be conducted. If department lands are to be used,
the written approval of the property manager shall be obtained.
(f) Unless otherwise approved, the novice
participants and mentors participating in the educational outdoor skills
activity shall comply with all natural resource rules and
regulations.
(g) Waivers may not be
issued that allow for the shooting of wild animals or the catching of fish by a
mentor or instructor.
(h) Novice
participants may not be charged a fee which exceeds the costs of materials used
in the course, equipment rental, meals and overnight accommodations.
(i) Upon receipt of information indicating
prior illegal activity relevant to a mentor's ability to properly assist or
instruct novice participants, the department may make appropriate inquiry into
criminal history, character and background of mentoring applicants and
determine their suitability for the proposed educational outdoor skills
activity.
(j) One of the mentors
shall carry the department approved waiver with list of participants during the
educational recreational activity.
(k) Waivers under this section shall only
apply to novice participants.
(l)
The waiver of the approval and applicable fees will not result in a substantial
loss of revenue to the department.
Note: Applications may be obtained from any
department office.
(4) SPECIAL HUNTING CONDITIONS, LIMITATIONS
AND RESTRICTIONS.
(a) During the field portion
of the hunting activity a mentor shall accompany a novice
participant.
(b) During hunting
skills field activities the area shall be posted with a sign advising of the
activity.
(c) At least one mentor
shall be a certified hunter education instructor.
(d) Mentors shall have at least 5 years of
hunting experience.
(5)
SPECIAL FISHING CONDITIONS, LIMITATIONS AND RESTRICTIONS.
(a) Except as provided in par. (b) or if
exempt from the requirement to possess a fishing approval under s.
29.197(3) or
29.219(1),
Stats., the applicant, instructors and mentors shall possess a valid fishing
approval.
(b) Non-licensed mentors
may be involved with assisting but will need approvals if they take part in the
actual fishing activity unless they are enrolled as a novice
participant.
(6) STATE
PARKS. Waivers may be issued that allow the following activities in state
parks:
(a) Possession of loaded and uncased
firearms.
(b) Possession of strung
and uncased bows.
(c) Hunting or
trapping on properties opened for the hunting of these species under s.
29.089(1m),
Stats.
(d) Use of unleashed
dogs.
(7) EXEMPTIONS.
This section does not apply to special hunting events established under s.
NR 10.01.