State Codes and Statutes
Statutes > Wisconsin > 29 > 29.18429.184
29.184 Bear licenses.29.184(1)
(1) Definition. In this section, notwithstanding s. 29.001 (42), "hunt bear" means to shoot, shoot at, take, catch, or kill a bear or pursue, with or without the use of dogs, a bear for the purpose of shooting, shooting at, taking, catching, or killing the bear.29.184(2)
(2) Department authority. The department may regulate and limit the number of bear hunters and bear harvested in any area of the state.29.184(3)
(3) Licenses; prohibitions; authorization.29.184(3)(a)
(a) Prohibition. Except as authorized under a Class A bear license or a Class B bear license and under sub. (5), no person may do any of the following:29.184(3)(a)1.
1. Hunt bear.29.184(3)(a)2.
2. Assist a person in hunting bear by tracking bear, trailing bear or engaging in any other activity to locate bear.29.184(3)(a)3.
3. Bait bear.29.184(3)(a)4.
4. Train a dog to track bear, to trail bear or to otherwise engage in any activity that contributes to locating bear.29.184(3)(am)
(am) Evidence of bear hunting. The fact that a person is observing a bear while possessing a firearm is not sufficient evidence to prove that the person holding the firearm is hunting bear.29.184(3)(bg)
(bg) Authorization; Class A bear license. A Class A bear license authorizes a resident or nonresident holder of the license to hunt bear and to exercise all of the privileges of a Class B bear license.29.184(3)(br)
(br) Authorization; Class B bear license. A Class B bear license authorizes a resident or nonresident holder of the license to do only the following:29.184(3)(br)1.
1. Assist a holder of a Class A bear license in hunting bear by tracking bear, trailing bear or otherwise engaging in an activity that contributes to locating bear and that is authorized by rule by the department.29.184(3)(br)2.
2. Bait bear.29.184(3)(br)3.
3. Train a dog to track bear, to trail bear or to otherwise engage in an activity that contributes to locating bear and that is authorized by rule by the department.29.184(3)(c)
(c) Type of hunting authorized. A Class A bear license authorizes hunting with a firearm or bow and arrow or with a crossbow if the holder of the license has a Class A, Class B, or Class C permit issued under s. 29.193 (2) that authorizes hunting with a crossbow or has attained the age of 65 years.29.184(4)
(4) Use of dogs. While a person is using a dog to hunt bear or to engage in any of the activities specified in sub. (3) (br) 1. to 3., the person shall keep on his or her person any tag required for the dog under s. 95.21 (2) (f), 174.053 (2) or 174.07 (1) (e).29.184(5)
(5) Exemptions.29.184(5)(a)
(a) A person under the age of 12 years may engage in the activities authorized under sub. (3) (br) 1. to 3. without holding a Class B bear license.29.184(5)(b)
(b) If a disabled person holds either a Class A or a Class B bear license, a person who accompanies and assists the disabled person may engage in the activities authorized under sub. (3) (br) 1. to 3. without holding a Class B bear license.29.184(6)
(6) Issuance.29.184(6)(a)
(a) Application. A person who seeks a Class A or Class B bear hunting license shall apply to the department.29.184(6)(b)
(b) Cumulative preference system; random selection. If the number of qualified applications for Class A bear licenses exceeds the number of available licenses, the department shall select applicants to be issued Class A bear licenses based upon a cumulative preference system. This system shall establish preference categories for those applicants who applied for but who were not issued Class A bear licenses or bear harvest permits under s. 29.1085 (3) (b), 1993 stats., in the previous season, with higher priority given to those categories with more preference 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 license. The department shall give a preference point to each applicant who applies for a preference point and to each applicant who applies for a license but who is not selected. Applicants who fail to apply for either a preference point or a license at least once during any 3 consecutive years shall lose all previously accumulated preference points. If the number of applicants within a preference category exceeds the number of Class A bear licenses available in the category, the department shall select at random the applicants to be issued licenses within the preference category. Beginning on April 18, 2002, an applicant for a preference point must meet all of the following requirements on the first day of the bear hunting season that immediately follows the date of application:29.184(6)(b)1.
1. The applicant is at least 10 years old. If the applicant is under 12 years of age, the applicant is subject to the restrictions specified under s. 29.592.29.184(6)(b)2.
2. The applicant is eligible for an approval authorizing hunting.29.184(6)(c)
(c) Notification, issuance; fees.29.184(6)(c)1g.
1g. A person who applies for a preference point or a license under par. (a) shall pay the processing fee under s. 29.553 at the time of application.29.184(6)(c)1r.
1r. Subject to ss. 29.024 and 54.25 (2) (c) 1. d., the department shall issue a Class A bear license to those qualified applicants selected to receive a license under par. (b).29.184(6)(c)2.
2. A Class B bear license shall be issued subject to ss. 29.024 and 54.25 (2) (c) 1. d. by the department to any resident who applies for this license.29.184(6g)
(6g) Issuance of additional Class A bear licenses.29.184(6g)(a)
(a) In addition to any other Class A bear hunting license that the department issues under this section, the department shall issue 2 certificates for Class A bear hunting licenses in a Class A bear hunting season to an organization known as the Wisconsin Bear Hunters' Association, Inc., if the organization applies for the certificates for that season.29.184(6g)(b)
(b) The organization known as the Wisconsin Bear Hunters' Association, Inc., shall award one of the certificates that is issued under par. (a) as a prize in a raffle conducted by a subunit of the organization that is licensed to conduct raffles under ch. 563 and shall award the other to the person who places the highest bid in a public auction.29.184(6g)(c)
(c) The organization known as the Wisconsin Bear Hunters' Association, Inc., shall transfer the certificate awarded under par. (b) only to persons who are qualified to receive a Class A bear hunting license. A person who receives a certificate may present that certificate to the department and request a resident or nonresident Class A bear hunting license. Upon receipt of the certificate and the appropriate required fees, the department shall issue the holder of the certificate a resident or nonresident Class A bear hunting license and the carcass tag and back tag under subs. (8) and (9).29.184(6g)(d)
(d) If the organization known as the Wisconsin Bear Hunters' Association, Inc., fails to transfer the certificates under par. (c), the certificates shall become invalid.29.184(6g)(e)
(e) The organization known as the Wisconsin Bear Hunters' Association, Inc., shall use the proceeds from the raffle and auction under par. (b) in this state to promote bear management and education and to further bear research.29.184(6g)(f)
(f) A person may be issued under par. (c) only one Class A bear hunting license in his or her lifetime, and the Class A bear hunting license shall be valid for only one Class A bear hunting season. The issuance under par. (c) of a license to the person is subject to s. 29.024 (2g).29.184(7)
(7) Use of fees. Fees received from the issuance of licenses under this section shall be paid into the conservation fund to be used for administering bear licenses and for bear management activities.29.184(8)
(8) Carcass tag. The department shall issue a bear carcass tag to each person who is issued a Class A bear license. A person who kills a bear shall immediately validate and attach the carcass tag to the bear. The carcass tag shall be attached and validated according to rules promulgated by the department.29.184(9)
(9) Back tag.29.184(9)(a)
(a) The department shall issue a back tag to each person who is issued a Class A bear license or a Class B bear license.29.184(9)(b)
(b) No person may hunt bear or engage in the activity specified in sub. (3) (br) 1. or 3. unless there is attached to the center of the person's coat, shirt, jacket or similar outermost garment where it can clearly be seen the back tag issued to the person under par. (a).29.184 - ANNOT.
History: 1985 a. 270; 1997 a. 1 ss. 57 to 74, 77; 1997 a. 27, 191; 1997 a. 248 ss. 255 to 269; Stats. 1997 s. 29.184; 1997 a. 249 ss. 28 to 32; 1999 a. 9, 32, 186; 2001 a. 55; 2003 a. 59; 2005 a. 25, 387; 2007 a. 65, 66; 2009 a. 39, 119.29.184 - ANNOT.
Cross Reference: See also ss. NR 10.001, 10.05, 10.10, 10.101, 10.102, 10.106, and 10.30, Wis. adm. code.