(1)    Definition. In this section, notwithstanding s. 29.001 (42), “hunt bear” means to shoot, shoot at, take, catch, or kill a bear or pursue, with or without the use of dogs, a bear for the purpose of shooting, shooting at, taking, catching, or killing the bear.

   (2)   Department authority. The department may regulate and limit the number of bear hunters and bear harvested in any area of the state.

   (3)   Licenses; prohibitions; authorization.

      (am)    Evidence of bear hunting. The fact that a person is observing a bear while possessing a firearm or airgun is not sufficient evidence to prove that the person holding the firearm or airgun is hunting bear.

      (br)    Authorization to conduct other activities. No license is required for a person to do any of the following:

         1.    Assist a holder of a Class A bear license in hunting bear by tracking bear, trailing bear or otherwise engaging in an activity that contributes to locating bear and that is authorized by rule by the department.

         1m.    Pursue a bear, provided that the person does not shoot, shoot at, capture, take, or kill the bear, except as provided under subd. 4.

         2.    Bait bear.

         3.    Train a dog to track bear, to trail bear or to otherwise engage in an activity that contributes to locating bear and that is authorized by rule by the department.

         4.    Shoot, for the purpose of killing, a bear that was shot, but not killed, by a Class A bear license holder if the person shooting the bear was hunting in the same hunting party as the Class A bear license holder at the point of kill, if the Class A bear license holder possesses a current unused bear carcass tag that is authorized for use on the bear killed, and if killing the bear is necessary to protect the safety of the members of the hunting party or others.

      (c)    Type of hunting authorized. A Class A bear license authorizes hunting with a firearm, airgun, bow and arrow, or crossbow.

   (3m)   Open season requirements. If the department establishes an open season that includes a period during which a Class A bear license holder is allowed to hunt bear with the use of a dog, the department shall allow a person to engage in the activities specified in sub. (3) (br) 3. during that period.

   (4)   Use of dogs.

      (a)    Except at facilities and specified property locations where prohibited by s. NR 45.06, Wis. Adm. Code, a person may engage in the training of a dog as authorized under sub. (3) (br) without keeping it on a leash during the period from July 1st through August 31st if all of the following apply:

         1.    The dog is uniquely tattooed or wears a collar with the owner’s name and address attached.

         2.    The person holds a Class A bear license issued under this section or is authorized under sub. (3) (br) to engage in the training of a dog without holding a license.

         3.    The dog is being trained in a single pack of dogs that complies with the size requirement under par. (c).

      (c)    No more than 6 dogs may be in a single pack regardless of the number of individuals involved in the training and regardless of whether there is more than one owner of the dogs.

   (6)   Issuance.

      (a)    Application. A person who seeks a Class A bear hunting license shall apply to the department.

      (b)    Cumulative preference system; random selection. If the number of qualified applications for Class A bear licenses exceeds the number of available licenses, the department shall select applicants to be issued Class A bear licenses based upon a cumulative preference system. This system shall establish preference categories for those applicants who applied for but who were not issued Class A bear licenses or bear harvest permits under s. 29.1085 (3) (b), 1993 stats., in the previous season, with higher priority given to those categories with more preference points than those with fewer preference points. For each season, the department shall allow each applicant under the system to apply for a preference point or for a license. The department shall give a preference point to each applicant who applies for a preference point and to each applicant who applies for a license but who is not selected. Applicants who fail to apply for either a preference point or a license at least once during any 3 consecutive years shall lose all previously accumulated preference points. If the number of applicants within a preference category exceeds the number of Class A bear licenses available in the category, the department shall select at random the applicants to be issued licenses within the preference category. A person of any age may apply for a preference point.

      (c)    Notification, issuance; fees.

         1g.    A person who applies for a preference point or a license under par. (a) shall pay the processing fee under s. 29.553 at the time of application.

         1r.    Subject to ss. 29.024 and 54.25 (2) (c) 1. d., the department shall issue a Class A bear license to those qualified applicants selected to receive a license under par. (b).

   (6g)   Issuance of additional Class A bear licenses.

      (b)    The organization known as the Wisconsin Bear Hunters’ Association, Inc., shall award one of the certificates that is issued under par. (a) as a prize in a raffle conducted by a subunit of the organization that is licensed to conduct raffles under ch. 563 and shall award the other to the person who places the highest bid in a public auction.

      (c)    The organization known as the Wisconsin Bear Hunters’ Association, Inc., shall transfer the certificate awarded under par. (b) only to persons who are qualified to receive a Class A bear hunting license. A person who receives a certificate may present that certificate to the department and request a resident or nonresident Class A bear hunting license. Upon receipt of the certificate and the appropriate required fees, the department shall issue the holder of the certificate a resident or nonresident Class A bear hunting license and the carcass tag under sub. (8).

      (d)    If the organization known as the Wisconsin Bear Hunters’ Association, Inc., fails to transfer the certificates under par. (c), the certificates shall become invalid.

      (e)    The organization known as the Wisconsin Bear Hunters’ Association, Inc., shall use the proceeds from the raffle and auction under par. (b) in this state to promote bear management and education and to further bear research.

      (f)    A Class A bear hunting license issued to a person under par. (c) shall be valid for only one Class A bear hunting season. The issuance under par. (c) of a license to the person is subject to s. 29.024 (2g).

   (7)   Use of fees. Fees received from the issuance of licenses under this section shall be paid into the conservation fund to be used for administering bear licenses and for bear management activities.

   (8)   Carcass tag.

      (a)    The department shall issue a bear carcass tag to each person who is issued a Class A bear license. Except as provided under par. (b) and s. 29.349 (2), a person who kills a bear shall immediately validate the carcass tag. No person may possess, control, store, or transport a bear carcass unless the carcass tag has been validated in the manner required by the department.

      (b)    A person who kills a bear under sub. (3) (br) 4. shall ensure that the person for whom the bear is killed validates the bear carcass tag in the manner required by the department.