Section 10.12. Migratory game bird hunting.

 

(1)   Prohibited methods. No person shall hunt any migratory game bird by any of the following methods:

(a) Sinkbox. From or by means, aid or use of a sinkbox or any other type of low floating device, having a depression affording the hunter a means of concealment beneath the surface of the water.

(b) Boats. From any boat or craft other than those propelled by paddle, oar or pole. When motors or sails are attached to the boat, the motor shall be completely shut off and the sail furled, and the boat's progress stopped before a firearm may be loaded.

(c) Structures. From any pier, dam, dock or similar structure, except disabled persons under the authority of a class A permit issued by the department.

(d) Rallying. By the use or aid of any water, air or motor-driven land conveyance used for the purpose of or resulting in stirring up, driving or rallying.

(e) Bird calls. By the use or aid of recorded or electrically amplified bird calls or sounds or imitations thereof, or while in possession of any type of device that produces recorded or electronic amplifications of bird calls or sounds.

(f) Live decoys. By using directly or indirectly any live tame or captive ducks or geese for decoy purposes regardless of the distance intervening between any such live decoys and the position of the hunter. All live tame or captive ducks and geese shall be removed for a period of 10 consecutive days prior to hunting, and confined within an enclosure which substantially reduces the audibility of their calls and totally conceals these live birds from the sight of migratory waterfowl.

(g) Decoy use. By the use or aid of decoys which are or have been:

1. Placed beyond 200 feet from the blind or cover in which the hunter is located.

2. Placed in the water more than one hour before the open hunting time.

3. Left in the water more than 20 minutes after the close of hunting time.

4. Left in the water unattended.

(h) Baiting. By the aid of baiting as described by the U.S. fish and wildlife service in 50 CFR 20.11 and 20.21 (i).

(2)   Possession. No person shall possess any live or crippled migratory game bird reduced to possession by means of hunting. Such bird shall be immediately killed and become a part of the daily bag limit.

(3)   Open water restrictions. No person may hunt waterfowl in any portion of a navigable water body from or with the aid of any blind which may include any boat, canoe, raft, contrivance or similar device except:

(a) Mississippi river. Blinds in any of the waters of the Mississippi river and adjoining waters west of the BNSF railway provided the blinds are securely anchored and located not more than 100 feet from any shoreline including islands. Blinds in open water in Grant county and the Lake Pepin portions of the Mississippi river are permitted regardless of the distance from shore provided the blinds are securely anchored.

(b) Great Lakes and Big Green lake. Blinds in open waters of Big Green lake, Lake Superior, Lake Michigan and Green Bay beyond 500 feet of any lake or bay shoreline. Blinds do not have to be anchored in these areas.

(c) Large Lakes . Blinds in open waters of the following lakes if more than 1,000 feet from any shoreline including islands provided blinds are securely anchored: Beaver Dam Lake in Dodge County (excluding Rakes and Trestle Works Bays), Castle Rock Lake in Adams and Juneau counties (south of railroad bridge and county road G), Fence Lake in Vilas County, Grindstone Lake in Sawyer County, North Twin Lake in Vilas County, Petenwell flowage in Adams, Juneau and Wood counties (north of state highway 21 and south of state highway 73), Lake Puckaway in Marquette and Green Lake counties (the waters west of the west end of the dredge bank, excluding the waters east of the west end of the dredge bank), Shawano Lake in Shawano County, Trout Lake in Vilas County, Lake Winnebago, Lake Wisconsin in Sauk and Columbia counties (north of railroad bridge), and Lake Wissota in Chippewa County (south of county road S and north of county road X).

(d) Blind removal. All open water blinds shall be removed at the close of hunting hours each day.

(e) Disability provision. If the boat, blind, or similar device is occupied by at least one individual engaged in hunting who holds a Class A or B disabled permit that authorizes hunting from a stationary vehicle and which has been issued for more than 1 year, and is substantially in compliance with par. (f) considering necessary additional distance to maintain the minimum depth of water for operation of the boat, blind, or similar device used.

(f) Other water bodies. If any of the following apply:

1. A part of the boat, blind, or similar device is located within 3 feet of any shoreline including islands.

2. A part of the boat, blind, or similar device is located within 3 feet of a naturally occurring, un-manipulated growth of vegetation rooted to the navigable waterway's bed or shoreline and of sufficient height and density to conceal at least 50% of the hunter and the boat, blind, or similar device when viewed from at least one direction beyond the vegetation providing the concealment. For determining if the vegetation provides the minimum 50% concealment, the viewing shall occur from a height approximately the same as height of the boat, blind or similar device being used by the hunter.

(g) Normal jump shooting activities. From a non-motorized boat, canoe, or raft, which is not anchored, on streams where shooting shore to shore is possible.

(4)   Special blind restrictions. The department may restrict hunters to certain blind locations within the Collins, Eldorado, Grand River, Pine Island and Theresa state wildlife areas by posted notice. If posted, maps shall be provided by the department indicating where blind sites are located. Downed game birds may be retrieved outside blinds with the aid of guns and dogs or by hand.

(5)   Taking methods. No person shall hunt any migratory bird:

(a) Guns and devices. With a trap, snare, cable restraint, net, rifle, pistol, crossbow other than as authorized in ss. 29.014 (1m) , 29.172 , and 29.217 , Stats., swivel gun, punt gun, battery gun, machine gun, fishhook, poison, drug, explosive, stupefying substance, shotgun chambered for a shell that is larger than a no. 10 gauge, or while in possession of a shell that is larger than no. 10 gauge.

(b) Shotgun capabilities. With any automatic-loading or hand-operated repeating shotgun capable of holding more than 3 shells the magazine of which has not been cut off or plugged with a one-piece filler incapable of removal without disassembling the gun so as to reduce the capacity of said gun to not more than 3 shells at one time in the magazine and chamber combined.

(c) Legal means. By any means other than a shotgun fired from the shoulder, bow and arrow, crossbow, or by falconry.

(d) Non-toxic shot requirements. While hunting waterfowl, snipe, rails, moorhens and coot within any areas of the state, or mourning doves on lands which are under the management, supervision and control of the department, no person may:

1. Take, catch, kill or pursue waterfowl, mourning doves, snipe, rails, moorhens, and coot with any shot, either in shotshells or as loose shot for muzzle-loading, other than non-toxic shot.

2. Possess any shotshell or muzzle-loading firearm loaded with any material other than non-toxic shot.

(6)   Tagging. No person may give, put or leave migratory game birds at any place, other than at that person's permanent abode, or in the custody of another person unless the birds are tagged individually or collectively with tags bearing the following information:

(a) The hunter's signature,

(b) The hunter's address,

(c) The total number of birds tagged, by species, and

(d) The dates the birds were killed.

(7)   Dressing. No person may completely dress any migratory game bird while in the field or during transportation from the field. The head or one fully feathered wing shall remain attached to all migratory game birds while in the field or during transportation from the field to the person's permanent abode or a preservation facility.

(8)   Shipment. No person may ship migratory game birds unless the package is marked on the outside with:

(a) The name and address of the person sending the birds,

(b) The name and address of the person to whom the birds are being sent, and

(c) The number of birds, by species, contained in the package.

(9)   Importation.

(a) One fully-feathered wing shall remain attached to all migratory game birds being transported between the port of entry and the possessor's permanent abode or to a preservation facility.

(b) No person may import migratory game birds belonging to another person.

(10)   Waterfowl stamp. No person 16 years of age and older may hunt for waterfowl without a valid state waterfowl stamp approval unless the person is carrying a valid conservation patron license, senior citizen recreation card, free military small game license or first-year hunter education certificate.

(11)   Harvest information program. Before hunting any migratory game birds each year, hunters shall register with the department by supplying their names, addresses, date of birth and other necessary information requested by the department in a manner prescribed by the department. No individual may hunt any species of migratory game bird until registered with the department and all hunters must have in their possession proof of registration while hunting migratory game birds.

(12)   Waterfowl blind identification. No person may maintain, occupy or use a blind situated on state-owned property for hunting waterfowl unless the owner's name, address and customer identification number, in the English language and in lettering one-inch square or larger, is affixed permanently to the blind. The name and address shall be readily visible on the blind and shall be kept legible at all times.

1-2-56 ; am. (2) (c), (3) (a), (4), (5) (c), Register, August, 1956, No. 8 , eff. 9-1-56; am. (1) (e) and (2) (c) and r. (5) (b), Register, August, 1958, No. 32 , eff. 9-1-58; am. (1) (b); r. and recr. (1) (d); cr. (1) (f) and (g); am. (5) (a), Register, September, 1960, No. 57 , eff. 10-1-60; r. and recr. (1) (f), Register, August, 1961, No. 68 . eff. 9-1-61; r. and recr. (1) (f), Register, September, 1963, No. 93 , eff. 10-1-63; r. (5) (c) Register, August, 1965, No. 116 , eff. 9-1-65; am. (5) (a), Register, September, 1965, No. 117 , eff. 10-1-65; am. (1) (f), Register, September, 1966, No. 129 , eff. 10-1-66; am. (2) (b); cr. (2) (d), (e) and (f), Register, August, 1967, No. 140 , eff. 9-1-67; emerg. am. (1) (f), eff. 9-1-67; am. (2) (b) and (e), Register, August, 1968, No. 152 , eff. 9-1-68; emerg. am. (1) (f), eff. 9-30-68; emerg. am. (2) (c), eff. 10-11-68, emerg. am. (1) (f) and (2) (c), eff. 8-30-69; am. (1) (f) and (2) (c), Register, November, 1969, No. 167 , eff. 12-1-69; renum. to be NR 10.12, Register, June, 1970, No. 174 , eff. 7-1-70; am. (2) (d) and (e), and r. (f), Register September 1970, No. 177 , eff. 10-1-70; am. (2) (b), Register, September, 1971, No. 189 , eff. 10-1-71; emerg. am. (1) (f) eff. 10-10-72; emerg. am. (2) (a), eff. 9-24-75; am. (2) (a), Register, June, 1976, No. 246 , eff. 7-1-76; am. (2), Register, January, 1977, No. 253 , eff. 2-1-77; am. (5), Register, December, 1977, No. 264 , eff. 1-1-78; r. (2) (a), r. and recr. (2) (c), and cr. (5) (b), Register, February, 1978, No. 266 , eff. 3-1-78; r. and recr. (1) to (4) and (5) (a), cr. (5) (intro.), renum. (5) (b) to be (5) (d), Register, May, 1978, No. 269 , eff. 6-1-78; r. and recr. (3) (d) and (5) (d) 2., Register, December, 1978, No. 276 , eff. 1-1-79; r. and recr. (1) (g), Register, August, 1979, No. 284 , eff. 9-1-79; r. and recr. (3) (b), Register, April, 1980, No. 292 , eff. 5-1-80; am. (3) (d) 1. and 2., Register, June, 1981, No. 306 , eff. 7-1-81; emerg. r. and recr. (5) (d), eff. 9-12-81; r. and recr. (5) (d), Register, March, 1982, No. 315 , eff. 4-1-82; am. (3) (d) (intro.), Register, April, 1982, No. 316 , eff. 5-1-82; am. (5) (d) 2. b., Register, June, 1984, No. 342 , eff. 7-1-84; am. (3) (b), cr. (3) (e) and r. and recr. (4) (a) 1., Register, April, 1985, No. 352 , eff. 5-1-85; am. (1) (b), (f) and (h) 1., (5) (d) 2. c. and d., r. and recr. (5) (a), cr. (6) to (9), Register, September, 1985, No. 357 , eff. 10-1-85; renum. (2) (d) 2. d. to be 2. e. and cr. (2) (d) 2. d., Register, January, 1986, No. 361 , eff. 3-1-86; emerg. r. and recr. (5) (a) 2. d., eff. 9-12-86; r. and recr. (5) (d), Register, January, 1987, No. 373 , eff. 2-1-87; r. and recr. (3), Register, December, 1987, No. 384 , eff. 1-1-88; r. and recr. (4), Register, July, 1988, No. 391 , eff. 8-1-88; emerg. am. (1) (c) and (4) (a), r. and recr. (1) (h), eff. 9-15-89; am. (1) (c) and (4) (a), r. and recr. (1) (h), Register, March, 1990, No. 411 , eff. 4-1-90; emerg. am. (4) (a), eff. 9-15-90; am. (4) (a), Register, March, 1991, No. 423 , eff. 4-1-91; emerg. am. (3) (b), eff. 9-16-91; cr. (10), Register, October, 1991, No. 430 , eff. 11-1-91; am. (3) (b), Register, April, 1992, No. 436 , eff. 5-1-92; am. (4) (intro.), Register, August, 1992, No. 440 , eff. 9-1-92; emerg. am. (10), eff. 9-1-93; am. (10), Register, January, 1994, No. 457 , eff. 2-1-94; r. and recr. (1) (g), am. (4) (a), Register, August, 1994, No. 464 , eff. 9-1-94; am. (4) (a), Register, October, 1997, No. 502 , eff. 3-1-98; cr. (11), Register, December, 1997, No. 504 , eff. 1-1-98; emerg. am. (1) (h) (intro.), eff. 9-10-99; am. (1) (h) (intro.), Register, December, 1999, No. 528 , eff. 1-1-00; cr. (12), Register, September, 2000, No. 537 eff. 3-1-01; r. and recr. (1) (h) and am. (5) (d), Register, December, 2000, No. 540 , eff. 1-1-01; CR 02-018 : am. (10) Register September 2002 No. 561 , eff. 10-1-02; CR 03-018 : am. (5) (a) Register November 2003 No. 575 , eff. 1-1-04; CR 04-046 : am. (3) (intro.), (5) (a) and (7) Register September 2004 No. 585 , eff. 10-1-04; emerg. am. (4) eff. 8-31-06; CR 06-074 : am. (4) Register December 2006 No. 612 , eff. 1-1-07; CR 06-012 : am. (1) (e) Register December 2006 No. 612 , eff. 2-1-07; emerg. am. (5) (d), eff. 8-30-07; CR 07-055 : am. (5) (d) Register January 2008 No. 625 , eff. 2-1-08; CR 09-024 : am. (1) (h) Register May 2010 No. 653 , eff. 6-1-10; CR 11-030 : am. (5) (a) Register February 2012 No. 674 , eff. 3-1-12; CR 11-032 : am. (4) Register August 2012 No. 680 , eff. 9-1-12; EmR1313 : emerg. r. and recr. (3) (c), cr. (3) (e), eff. 9-6-13; CR 13-052 : r. and recr. (3) (c), cr. (3) (e) Register March 2014 No. 699 , eff. 4-1-14; correction in (5) (a) made under s. 13.92 (4) (b) 7. , Stats., Register March 2014 No. 699 ; CR 13-071 : am. (5) (c) Register July 2015 No. 715 , eff. 8-1-15; CR 15-024 : am. (3) (intro.), cr. (f), (g) Register November 2015 No. 719 , eff. 2-1-16; CR 15-052 : am. (3) (a), r. and recr. (3) (e) Register January 2016 No. 721 , eff. 2-1-16; correction in (3) (a) made under s. 35.17 , Stats., Register January 2016 No. 721 .

Note

The cross-references in this paragraph previously linked to exceptions that allowed the use of crossbows by holders of disable permits and senior citizens. Under 2013 Wis. Act 61 , the use of crossbows is no longer limited in those ways and any person who is legally authorized to hunt may use crossbows for hunting migratory birds. Microsoft Windows NT 6.1.7601 Service Pack 1 Tagging is required if the birds are being transported by another person for the hunter, or if the birds have been left for cleaning, storage (including temporary storage), shipment, or taxidermy services. Microsoft Windows NT 6.1.7601 Service Pack 1 Violation of state migratory game bird regulations is also a violation of federal regulations. Importation restrictions do not prohibit the importation of legally taken, fully feathered migratory game birds for mounting purposes by a taxidermist holding a valid federal permit and licensed by the U.S. department of agriculture to decontaminate birds. Microsoft Windows NT 6.1.7601 Service Pack 1