Wisconsin Statutes 29.164 – Wild turkey hunting approvals
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Terms Used In Wisconsin Statutes 29.164
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Contract: A legal written agreement that becomes binding when signed.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Land: includes lands, tenements and hereditaments and all rights thereto and interests therein. See Wisconsin Statutes 990.01
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Minor: means a person who has not attained the age of 18 years, except that for purposes of investigating or prosecuting a person who is alleged to have violated a state or federal criminal law or any civil law or municipal ordinance, "minor" does not include a person who has attained the age of 17 years. See Wisconsin Statutes 990.01
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
- Qualified: when applied to any person elected or appointed to office, means that such person has done those things which the person was by law required to do before entering upon the duties of the person's office. See Wisconsin Statutes 990.01
- State: when applied to states of the United States, includes the District of Columbia, the commonwealth of Puerto Rico and the several territories organized by Congress. See Wisconsin Statutes 990.01
- Year: means a calendar year, unless otherwise expressed; "year" alone means "year of our Lord". See Wisconsin Statutes 990.01
(1) Definitions. As used in this section:
(a) “Family member” means a person who is related to another person as a parent, child, spouse or sibling.
(b) “Landowner” means the owner of record of a parcel of land or the purchaser of land under a land contract who has the right to occupy and the right to use the land.
(c) “Operator” means a resident who is residing on a parcel of land under a rental agreement, lease, agreement or contract and who is engaged in farm activities or other operations on the land.
(d) “Resident applicant” includes a qualified resident landowner who applies for a wild turkey hunting license.
(2) Authorization; restrictions.
(a) Department authority. The department may regulate and limit the hunting of wild turkeys by issuing licenses under this section. The department may not require the possession or validation of a wild turkey carcass tag and may not require that a carcass tag be attached to a lawfully killed wild turkey.
(b) Type of hunting authorized. A license issued under this section authorizes hunting with a firearm, airgun, bow and arrow, or crossbow.
(c) Requirements.
1. No person may hunt wild turkey unless he or she has a valid wild turkey hunting license and a valid wild turkey hunting stamp attached to or imprinted on the person’s wild turkey hunting license in the manner required by the rule promulgated under s. 29.024 (5) (a) 3.
2. If the department establishes a wild turkey hunting zone where or a season time period during which wild turkey hunting is permitted, no person may hunt wild turkeys in that wild turkey hunting zone or during that season time period unless the person has a wild turkey hunting license and a valid wild turkey hunting stamp as required under subd. 1. and unless the person has a wild turkey hunting authorization that is valid for that zone and that time period.
(d) Exception. Any person holding a senior citizen recreation card or a conservation patron license is exempt from the requirements under par. (c) if the person has received a notice of approval under sub. (3) (e) and the person is exempt from paying the fee for the wild turkey hunting license.
(3) Wild turkey hunting licenses.
29.164(3)(a) (a) Cumulative preference system.
1. If the department requires wild turkey hunting licenses under sub. (2) (a) and the number of applications for wild turkey hunting authorizations for a given wild turkey hunting zone or a given wild turkey hunting season time period exceeds the number of available wild turkey hunting authorizations allocated by the department for that zone or that season time period, the department shall issue wild turkey hunting licenses and authorizations for that zone or that season time period according to the cumulative preference system under this subsection.
2. If the department requires wild turkey hunting licenses under sub. (2) (a) and the number of applications for wild turkey hunting authorizations for a given wild turkey hunting zone or a given wild turkey hunting season time period does not exceed the number of available wild turkey hunting authorizations allocated by the department for that zone or that season time period, the department shall issue a wild turkey hunting license and authorization to each applicant.
(b) Qualified resident landowners.
1. The department shall create a first preference category in the issuance of wild turkey hunting licenses to applicants who are qualified resident landowners. The number of licenses issued under this paragraph for a season for an established wild turkey hunting zone may not exceed 30 percent of all licenses issued for that season for that zone.
2. For purposes of subd. 1., a qualified resident landowner is a resident who owns at least 50 acres in one parcel in an established wild turkey hunting zone. If more than one individual is the landowner of a single parcel of land, only one individual may be considered a qualified resident landowner.
3. A qualified resident landowner may assign his or her eligibility to apply for a wild turkey hunting license under this paragraph as a qualified resident landowner to a family member, to an operator, to a family member of the operator, or to a minor. A qualified resident landowner may not receive any consideration for the assignment of his or her eligibility under this subdivision. The department may specify the procedures and forms which are required to be followed and completed to effect this assignment. After this assignment, the assignee may apply for a wild turkey hunting license under this paragraph as a qualified resident landowner and the qualified resident landowner who assigned his or her eligibility may not so apply.
(c) Second preference. The department shall create a 2nd preference category in issuing wild turkey hunting licenses to resident applicants who in a previous season applied for but were not issued wild turkey hunting licenses:
1. For the previous season if the department establishes one open season per year; or
2. For the previous corresponding season if the department establishes more than one open season per year.
(cg) Third preference. The department shall create a 3rd preference category in issuing wild turkey hunting licenses to all other resident applicants.
(ci) Fourth preference. The department shall create a 4th preference category in issuing wild turkey hunting licenses to applicants who are qualified nonresident landowners. For purposes of this paragraph, a qualified nonresident landowner is a person who is not a resident and who owns at least 50 acres in one parcel in an established wild turkey hunting zone and who agrees to allow other persons to hunt wild turkeys on that land if those persons first obtain permission to hunt from the landowner. If more than one individual is the landowner of a single parcel of land, only one individual may be considered a qualified nonresident landowner.
(cm) Fifth preference. The department shall create a 5th preference category in issuing wild turkey hunting licenses to all other nonresident applicants.
(cr) Cumulative preference.
1. In issuing licenses under the 2nd preference category under this subsection, the department shall give, within that preference category, a preference point to each applicant for each previous corresponding season for which the person applied but was not issued a wild turkey hunting license. The department shall create subcategories for each point total and place each applicant in the applicable subcategory. The department shall rank the subcategories according to the number of preference points received, giving higher priority to those subcategories with more points than those with fewer points. Applicants who fail to apply at least once during any 3 consecutive years shall lose all previously accumulated preference points.
2. If the number of applicants within a preference category or a subcategory under this subsection exceeds the number of wild turkey hunting licenses available in the category or subcategory, the department shall select at random within the category or subcategory the applicants to be issued the licenses.
(d) License limitation. No person may apply for or receive more than one wild turkey hunting license during one season.
(e) Notification; issuance; payment. The department shall issue a notice of approval to those qualified applicants selected to receive a wild turkey hunting license and authorization under par. (a). A person who receives a notice of approval and who pays the license fee in the manner required by the department shall be issued a wild turkey hunting license, subject to ss. 29.024 and 54.25 (2) (c) 1. d., and an authorization. The department may not charge a fee for an authorization that is issued under this paragraph.
(3m) Wild turkey hunting licenses issued to members of armed forces, disabled veterans, and recipients of the purple heart medal.
29.164(3m)(a) (a) Notwithstanding sub. (3), the department may issue wild turkey hunting licenses and authorizations without requiring that the licenses and authorizations be issued pursuant to the cumulative preference system under sub. (3) to members of the U.S. armed forces who are all of the following:
1. Residents.
2. In active service with the U.S. armed forces outside this state.
3. On furlough or leave within the state.
(am) Notwithstanding sub. (3), the department shall issue to disabled veterans and to qualified recipients of the purple heart medal wild turkey hunting licenses and tags without requiring that the licenses and tags be issued pursuant to the cumulative preference system under sub. (3). A disabled veteran is a resident who produces evidence that shows that he or she is a veteran, as defined in 38 U.S. Code § 101, and is receiving disability compensation benefits under 38 U.S. Code § 1101 to 1163 for disabilities that result in a disability rating that is 50 percent or greater under 38 U.S. Code § 1114 or 1134, or is receiving disability compensation benefits due to being individually unemployable under 38 C.F.R. 4.16 as authorized under 38 U.S. Code § 501. The department shall recognize an annual disabled veteran recreation card issued under s. 29.236 as sufficient evidence that a person is a disabled veteran. A qualified recipient of the purple heart medal is a person who exhibits proof that he or she has received the medal.
(b) The department may not impose any deadline or other restriction on the timing for applications or issuing licenses or authorizations under this subsection. If a license and authorization under this subsection are issued during the applicable hunting season, the license and authorization shall authorize hunting beginning on the date of issuance.
(c) An applicant for a wild turkey hunting license under this subsection is eligible for the same number of wild turkey hunting authorizations for each applicable season time period as an applicant who is issued authorizations under the cumulative preference system under sub. (3).
(4) Wild turkey hunting stamps; additional authorizations.
(a) Issuance. The wild turkey hunting stamp shall be issued by the department subject to s. 29.024.
(b) Additional authorizations. The department may issue the wild turkey hunting authorizations that were allocated for a given wild turkey hunting zone or season time period under sub. (3) (a) 2. but that were not issued. The department shall charge the fee specified in s. 29.563 (2) (f) or (g) for each of these additional authorizations. The issuance of an authorization under this paragraph does not affect the priority that the person receiving the authorization may have under the cumulative preference system.
(5) Use of moneys from fees. The fees collected from the sale of wild turkey hunting stamps shall be credited to the appropriation account under s. 20.370 (1) (ht).