Section 19.025. Waivers for an educational recreational activity.

 

(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, recreational and skills development 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" means for hunting any person who is 10 years old or older, who has not received an approval authorizing hunting in any prior hunting license year, including a class B bear license, for the species that will be pursued in the specific educational outdoor skills activity they desire to attend. For fishing, it 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 event and 15 days before a fishing event. The department may waive the 15 day period for fishing events 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 activity.

(d) A novice participant may not obtain more than one waiver of fees for the same hunting or fishing instructional 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 event 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 host landowner shall be obtained and submitted with the application. It shall include the legal description of the lands on which the 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 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 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.

(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) , 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 .

Cr. Register, July, 1997, No. 499 , eff. 8-1-97; CR 06-012 : am. (2) (d) Register December 2006 No. 612 , eff. 2-1-07; CR 09-018 : am. (3) (a) and (5) (a) Register February 2010 No. 650 , eff. 3-1-10; CR 09-024 : am. (2) (b), (d) and (e) Register May 2010 No. 653 , eff. 6-1-10; CR 10-020 : am. (2) (d), cr. (3) (dm) Register October 2010 No. 658 , eff. 2-1-11; CR 13-108 : am. (6) (c) Register August 2014 No. 704 , eff. 9-1-14.

Note

Applications may be obtained from any department office. Microsoft Windows NT 6.1.7601 Service Pack 1