Section 12.15. Conditions of permits to shoot or trap wild animals causing damage.

  The following general conditions apply to all permits to remove wild animals causing damage:

(1)   Public use during open seasons. All lands described on the application and any contiguous lands under the same ownership suitable for hunting or trapping shall be open to public hunting or trapping of the species causing the damage for a period of one year from the effective date of the permit. These lands may be posted to indicate that hunting permission is required from the permittee. The department may require a permittee to keep a daily log of hunter's names and telephone numbers on forms provided by the department as a condition of the permit.

(2)   Use refusal. Permittees may refuse access to hunters or trappers for reasonable cause. Reasonable cause may not be based on age, race, religion, color, handicap, sex, physical condition, development disability, creed, sexual orientation, or national origin. The presence of at least 2 hunters or active trapping of at least one trapper per each 40 acres suitable for hunting or trapping, respectively, shall constitute a reasonable cause for refusal.

(3)   Rule compliance. The permittee and all participants shall comply with all hunting and trapping rules specified under ch. NR 10 or ch. 29 , Stats. , unless otherwise provided under this chapter, ch. 29 , Stats. , or by permit. Permittees and participants who fail to comply shall be subject to the penalty applicable to the appropriate ch. NR 10 or ch. 29 , Stats. , violation.

(4)   Reporting. Each permittee shall keep a current, correct and complete record of all participants and permit activities as required by the department on forms furnished by the department. Permit records may be inspected by the department at any time. Copies of records shall be provided to the department upon request. The permittee shall report the total number of wild animals or structures removed and return all unused permit materials and any participant authorizations issued, to the department within 10 days after the permit expiration date.

(5)   Carcass care and disposition. Unless otherwise directed by the department, each animal shall be:

(a) Tagged with a carcass tag provided by the department immediately upon killing;

(b) Field dressed and stored in a cool location; and

(c) As soon as practical, turned over to the department designee authorized to receive the carcass.

(6)   Department assistance. The department may not assist the permittee in shooting or trapping unless:

(a) Extraordinary damage is occurring; or

(b) The permittee has demonstrated an inability to kill an adequate number of wild animals and damage to the permittee's property in the current calendar year exceeds or is likely to exceed $5,000 if caused by any species included under s. 29.889 , Stats.

(7)   Permit materials possession. Each participant shall have in their possession while hunting or trapping under the authority of a permit to remove wild animals causing damage any materials issued to the participant by the department or permittee.

(8)   Permit materials restriction. Permit materials are not transferable and may not be altered or defaced.

(9)   Permit kill limit. The department may specify the sex and age of the animals to be removed and limit the number of carcass tags issued under this section after consultation with the applicant and, if the damage is occurring in a county participating under s. 29.889 , Stats., the appropriate county wildlife damage program personnel.

(10)   Authorized area. The permit applies to all lands subject to public use under sub. (1) and may extend 1 / 4 -mile onto adjoining lands of consenting landowners.

(11)   Licenses, stamps and permits.

(a) Except as provided under s. 29.337 , Stats., and excluding the permittee, all participants shall possess the appropriate state and federal hunting or trapping license, and stamps for hunting or trapping for that animal.

(b) Bear damage shooting permits. Participants shall possess a current Class A or B bear hunting license when engaged in bear damage shooting permit activities, such as hunting or baiting.

(c) Elk damage shooting permits. Participation of others under elk damage shooting permits shall be restricted to those persons who have applied for an elk hunting license under application procedures described in s. NR 10.111 (2) , and who have indicated on their elk hunting applications their willingness to assist farmers having elk damage problems. Unless as authorized by the department, participants shall possess a valid elk license and a valid shooting permit when engaged in elk damage shooting permit activities.

(d) Turkey damage shooting permits . Others participating under a turkey damage shooting permit shall possess a license authorizing small game or turkey hunting, during that license year, and a valid shooting permit when engaged in turkey damage shooting permit activities.

(12)   Violations. No person may violate the terms of any permit issued under this chapter.

(13)   Use restrictions. Hunting bear with the aid of dogs under this chapter is prohibited, unless the department determines there are extraordinary conditions which warrant an exemption. When the department grants an exemption, permittees may restrict hunting access of bear hunters using dogs if trespass problems on adjoining private properties are likely to occur.

Cr. Register, May, 1990, No. 413 , eff. 6-1-90; am. (intro.), (1), (3) and (4), cr. (12), Register, May, 1994, No. 461 , eff. 6-1-94; renum. (11) to be (11) (a), cr. (11) (b) and (13), Register, January, 1999, No. 517 , eff. 2-1-99; CR 03-018 : cr. (11) (c) Register December 2003 No. 576 , eff. 1-1-04; CR 05-017 : am. (11) (b) Register October 2005 No. 598 , eff. 11-1-05; CR 05-031 : cr. (11) (d) Register October 2005 No. 598 , eff. 11-1-05.

Note

Other examples of reasonable cause may include drunkenness, vandalism, littering, or reckless conduct. Microsoft Windows NT 6.1.7601 Service Pack 1 Permit materials may include carcass tags, armbands and hunter permission slips. Microsoft Windows NT 6.1.7601 Service Pack 1