Section 10.001. Definitions.

 

(1)  "Accompanied by", for the purposes of s. 29.304 , Stats., and s. NR 10.01 , means within sight and voice contact, without the aid of any mechanical or electronic amplifying device other than a hearing aid.

(1d)  For the purpose of s. 29.184 (3) (a) and (br) , Stats., "activity" includes but is not limited to the use of electronic communications, telemetry devices, checking bear baits, supplying or handling dogs to track or trail bear, possession of dog handling equipment, possession of baiting equipment, dragging roads, checking for bear tracks, transporting hounds, equipment and other persons engaged in locating bear.

(1h)  "Adult bear" means a bear measuring 42 inches or greater measured in a straight line from the tip of the nose to the base of the tail.

(1k)  "Afield" means an area where hunting can legally occur, such as fields, forests or similar areas.

(1p)  "Aggregate daily bag limit" has the meaning given in 50 CFR 20.11 (c) (3).

(1r)  "Animal part or animal byproduct" means honey, bones, fish, meat, solid animal fat, animal carcass or parts of animal carcasses, but does not include liquid scents.

(1t)  "Antlerless deer" means any deer without antlers or with both antlers less than 3 inches in length.

(2)  "Antlerless elk" means any elk that is not a bull elk.

(2m)  "Assisting", for the purpose of bear hunting, means helping a bear harvest permittee hunt a bear by handling dogs, tracking, trailing or locating the bear, or otherwise aiding while with the permittee or baiting.

(2s)  "Bait", for the purposes of this chapter, means any material placed or used to attract wild animals, including liquid scent and feed that is used for hunting purposes under s. 29.336 (4) , Stats., but does not include plain drinking water or decoys.

(3)  "Bear eco-tourism" means the business of observing bear for compensation, but does not involve hunting.

(3h)  "Bearded turkey" means a turkey with a bristle-like appendage protruding from the upper part of the breast.

(3m)  "Black bear hunting zone" means a zone established in s. NR 10.30 .

(3s)  "Blind", for the purpose of goose hunting in zones established in s. NR 10.31 , means any framed enclosure or pit not more than 15 feet in its greatest dimension and camouflaged to provide concealment to hunters.

(3u)  "Body gripping trap" means a trap that is designed to allow the animal's head, neck or torso to enter the trap opening and be held by compression of the jaws around the head, neck or torso when the trap is sprung and which is not a cage trap, enclosed trigger trap, snare, cable restraint or steel jawed trap.

(3x)  "Bonus deer hunting permit" for purposes of s. 29.181 , Stats., means any additional carcass tags purchased and any antlerless permits issued under s. NR 10.104 (8) (a) and (b) .

(4)  "Bow" means any bow, drawn and held by and through the effort of the person releasing it, but does not include crossbow.

(5)  "Buck deer" means any deer with an antler not less than 3 inches in length.

(5c)  "Bull elk" means any elk with an antler of not less than 6 inches in length.

(5g)  "Cable restraint" means a noose used for restraining furbearing animals in a non-water set.

(5j)  "Cage or box trap" means a trap that is not used as a water set or in conjunction with a steel jawed trap, an enclosed trigger trap or body gripping trap, and that is designed to allow an animal to enter the trap enclosure, be captured and remain alive inside the cage or box type enclosure until it can be released unharmed or reduced to possession by the operator of the trap.

(5m)  "Canada goose management zones and subzones" means those established in s. NR 10.31 .

(5p)  "Capable of drowning" means a set designed to allow the trapped animal to travel to water of sufficient depth to cause drowning. Slide wires or poles, locking devices, slip chains, weighted traps and traps staked in deep water are commonly used in drowning sets.

(5pm)  "Carcass" for the purpose of this chapter has the meaning given in s. NR 19.001 (5) .

(5q)  "Cervid" means a member of the family of animals that includes deer, elk, moose, caribou and reindeer.

(5r)  "Class A permit" means a permit as defined in s. 29.193 (2) (c) 1. , Stats.

(5s)  "Class B permit" means a permit as defined in s. 29.193 (2) (c) 2. , Stats.

(5t)  "Class C permit" means a permit issued to the visually handicapped as defined in s. 29.193 (2) (a) 5. , Stats.

(5v)  "Colony trap" means an enclosure device designed to allow the capture of one or more fur-bearing animals in a single setting as a drowning set. Entrance to the device is gained by one or more one-way entrances with overall dimensions of the trap not to exceed 6 inches in width, 6 inches in height and 36 inches in length.

(6)  "Crossbow" means any device using a bow which, once drawn, is held solely by means other than the effort of the person firing it.

(6d)  "Current validated deer carcass tag", for purposes of s. 29.347 (2) , Stats., means an unused tag of the current year validated according to the requirements of s. NR 10.103 (2) .

(6h)  "CWD" means chronic wasting disease.

(6p)  "CWD affected area" means a zone established in s. NR 10.41 for the control and management of chronic wasting disease and is considered the chronic wasting disease control zone for purposes of ss. 29.063 (5) and 29.336 , Stats.

(7)  "Daily bag limit" means the maximum number of a game species which may be reduced to a person's possession in one day.

(7e)  "Decoy" means the replica of an animal used to attract wild animals for the purpose of hunting, but does not include any food materials that can be consumed by any wild animal. For the purposes of this chapter, a decoy is not considered bait.

(7m)  "Deer management unit" means a zone established in s. NR 10.28 .

(8)  "Department" means the department of natural resources.

(8e)  "Disabled person" for the purposes of s. 29.184 (5) (b) , Stats., means a person who holds a current Class A, B or C permit.

(8m)  "Drowning set" means any trap set capable of capturing an animal and drowning the captured animal.

(9)  For the purposes of s. 29.314 (3) (b) 3. and (5) (b) 1. , Stats., "educational purposes" means observing or studying bear in conjunction with a college or university or in conjunction with bear eco-tourism.

(9c)  "Enclosed trigger trap" means any trap with a pull-activated trigger, inside an enclosure, and recessed 1 1 / 4 inches or more, from an opening that is no greater than 1 3 / 4 inches in diameter.

(9g)  For the purposes of ss. 29.091 , 29.089 (2) , 29.621 (4) and 167.31 , Stats., "enclosed within a carrying case" for firearms means completely contained in a gun case expressly made for that purpose which is fully enclosed by being zipped, snapped, buckled, tied, or otherwise fastened, with no portion of the firearm exposed.

(9n)  "Established range" means an existing facility that has target shooting with firearms as its major purpose.

(9r)  "Explosive tips" means any arrow that expels compressed gases upon contact with an object or otherwise utilizes an explosive reaction. Compressed gasses can be caused by, but not limited to, the chemical reaction of explosive material or through compressed gas contained within or on the arrow shaft or tip.

(9w)  For the purpose of administering the Canada goose hunting permit system, "Exterior goose management zone" or the "Exterior zone" means all that part of the state outside of the Horicon goose management zone described in s. NR 10.31 , and includes the Mississippi River subzone which shall be treated as a separate management subzone for other purposes.

(10)  "Feed" means any material that may attract or be consumed by wild animals that is placed for any non-hunting purpose including recreational and supplemental feeding under ss. 29.335 and 29.336 , Stats., but does not include plain drinking water or decoys.

(10c)  "Feeding site" means any location or area in which bait or feed is placed or deposited or that contains bait or feed material used to attract wild animals for recreational and supplemental feeding or for hunting purposes.

(10g)  "Firearm season" means an open season for hunting with any of the following firearms loaded with a single slug or ball: rifle, muzzle-loader, shotgun or handgun for deer or bear hunting described in s. NR 10.09 (1) (c) 1. c.

(10n)  "Fully automatic firearm" means any firearm which continues to fire or is manufactured to continue to fire as long as the trigger is depressed.

(10s)  "Green skin" means a skin that has not been removed from the carcass of a dead animal and a skin which has been removed but has not been fleshed, stretched and dried or tanned.

(12)  "Hunt over" means hunting within 100 yards of any feeding site in an area where a person knows or reasonably should know that one or more feeding sites exists.

(13)  "Liquid" means a substance, neither solid or gaseous, that flows freely and takes the shape of its container at a temperature of 70 ° F.

(14)  "Liquid scent" means any nonsolid material except honey.

(15)  "Migratory game birds" means any bird which is migratory and on which an open season has been prescribed in this chapter and belonging to one of the following families:

(a) Anatidae. (wild ducks, geese and brant),

(b) Columbidae. (doves),

(c) Rallidae. (rails, coots and gallinules),

(d) Scolopacidae. (woodcock and Wilson's snipe (jacksnipe)).

(16)  "Molest" means any activity which results in physical damage or destruction of an object.

(17)  For the purpose of hunting deer and bear, "muzzle-loader" means any smoothbore muzzle-loading firearm of not less than .45 caliber and any rifled muzzle-loading firearm of not less than .40 caliber, discharged from the shoulder and muzzle-loading handguns not less than .44 caliber with a minimum barrel length of 7 inches measured from muzzle to breech face that fire a single projectile weighing not less than 138 grains.

(18)  For the purpose of hunting wild animals other than deer and bear, "muzzle-loader" means any caliber of any muzzle-loading firearm. Muzzle-loading handguns shall have a minimum barrel length of 4 inches measured from the muzzle to the breech face.

(18m)  "Non-drowning set" means any trap set that is capable of capturing an animal and not capable of drowning the captured animal.

(19)  "Nontoxic shot" means steel shot and copper, nickel, zinc chloride and zinc chromate plated steel shot with the plating not exceeding .0002 inches or 1% or less of shot by weight, or other shot approved by the U.S. fish and wildlife service for waterfowl hunting in 50 CFR 20.21 .

(19e)  "Notice and information to the public that is adequate" under s. 29.063 (2) , Stats., means a department press release to the local news media and the official state newspaper and may also include the following: public meetings, telephone contacts, internet postings, brochure distribution, first class mailings and meetings with landowners in the CWD affected area.

(21)  "Permanent abode" means a person's principal or ordinary home or dwelling place as distinguished from a temporary abode.

(21m)  "Pheasant management zone" for the purposes of s. 29.191 (2) , Stats., means all counties in Wisconsin.

(22)  "Possession limit" means the maximum number of a game species which may be reduced to a person's possession in 2 days or more.

(23)  "Preservation facility" means any permanent abode, cold storage facility, locker plant, taxidermy establishment, hunting club or place of business which receives or possesses any game belonging to another person for the purposes of picking, cleaning, freezing, processing, storage or shipment.

(23a)  "Private land" for purposes of s. NR 10.104 (8) and (9) means land that is not public-access land under sub. (23b) . Private land includes lands that are enrolled in the wildlife damage abatement and claims program under ch. NR 12 Subchapter II except if they qualify as public access lands under sub. (23b) because of government ownership, leases, or easements, or under sub. (23b) (a) to (c) .

(23b)  "Public access lands" for purposes of s. NR 10.104 (8) and (9) means land owned, under easement to, or lease by federal, state, county, or municipal government if that land is open to public hunting. Public access land also includes the following private lands provided they are open to the public for deer hunting:

(a) Enrolled in the managed forest land or forest croplands program under ch. 77 , Stats.

(b) Acquired in whole or in part with funding from the stewardship program pursuant to s. 23.0916 , Stats.

(c) Owned by a public utility or cooperative for the production, transmission, delivery or furnishing of heat, light, water, telecommunications service or power.

(23c)  "Rifle" for the purposes of this chapter means a firearm or airgun designed to be fired from the shoulder by the energy of an explosive propellant or by compressed air, used to fire a single projectile for each pull of the trigger through a rifled or smooth barrel. For the purpose of hunting deer, muzzle-loading firearms and shotguns which fire a single projectile are not considered rifles.

(23e)  "Scent" means any material, except animal parts or animal byproducts, used to attract wild animals solely by its odor.

(23s)  "Shotgun" means a smoothbore barrelled firearm designed to shoot pellets. Rifled shotgun barrels of at least 18 ‶ in length are considered to be shotguns for the purpose of hunting deer or bear if they fire a single projectile and are of the following gauges: 10, 12, 16, 20, 28.

(25)  "Sight exposed bait" means any bait which can be seen from above the bait.

(25c)  "Small game" means all varieties of wild mammals and birds for which there is an open season, but does not include deer, moose, elk, bear, wild turkey or endangered, threatened or protected species of game. For the purpose of s. 167.31 (4) (e) , Stats., small game does include wild turkeys.

(25e)  "Snare" means a noose used for catching furbearing animals in a water set.

(25k)  "Steel jawed trap" means a trap, constructed of metal, designed to catch an animal by the foot, but does not include enclosed trigger traps or body gripping traps.

(25m)  "Tag authorized for use on the type of deer killed", for purposes of s. 29.347 (2) , Stats., means a tag issued to the hunter killing the deer or an individual satisfying the provisions of s. 29.324 , Stats., which, based on the approvals of the person tagging the deer, is valid for the type of deer killed.

(26)  "Temporary abode" means a transient place of abode or dwelling such as a hunting club, or any clubhouse, cabin, tent, or trailer used as a hunting club, or any hotel, motel or rooming house used during a hunting trip.

(26m)  "Under ice set" means any trap set made under the ice.

(27)  "Unforked antler" means a polished antler consisting of a single spike without branches or tines.

(28)  "Using firearms" for the purpose of s. 29.324 (1) (b) , Stats., means being in possession or control of a separate, individual firearm except that a mentor and the person for whom they are serving as a mentor as required under s. 29.592 (3) , Stats., who jointly possess only one firearm, shall each be considered to be using a firearm.

(29)  "Water set" means any trap or snare which is set or staked in such a manner as to permit the trap, snare or trapped animal to reach water that is not frozen.

(30)  "Waterfowl" means any migratory game bird of the family Anatidae including wild ducks, geese and brant.

(31)  "Wild turkey hunting zone" means a zone established in s. NR 10.29 .