Wis. Admin. Code Department of Natural Resources NR 10.07

Current through October 28, 2024
Section NR 10.07 - General hunting
(1) PROHIBITED METHODS. No person shall:
(a)Aircraft. Hunt with the aid of an aircraft, including the use of an aircraft to spot, rally or drive wild animals for hunters on the ground.
(b)Devices.
1. Place, operate or attend, spread, or set any net, pitfall, snare, spring gun, pivot gun, swivel gun, or other similar contrivance for the purpose of catching or which might catch, take or ensnare wild animals.
2. Use or possess any snare, cable restraint, trap or device designed or used for the purpose of driving rabbits or hares out of their holes or dens and capturing them.
3. While hunting with a firearm, bow, or crossbow, possess or accompany a person possessing any turkey decoy or device which may be used to call or attract wild turkeys during the spring hunting season for wild turkeys described in s. NR 10.01(2) (f) unless that person possesses a valid turkey hunting license and valid, unused harvest authorization.
(d)Molesting. Molest the nest or den of any squirrel.
(e)Ferret. Use or possess any ferret while hunting.
(f)Retrieval. Fail to make every reasonable effort to retrieve all wild animals killed or crippled; and until such effort is made, such wild animals shall be included in the daily bag.
(i)Dog use. Hunt or pursue any free-roaming wild animal with the aid of dog or dogs May 1 to June 30 in that portion of the state north of the highways shown on the following map except for dog trials and training under permit as established by ch.

See PDF for diagram

(k)Marking. Capture and tag, collar or mark and release any game taken from the wild unless issued a permit by the department pursuant to s. NR 19.11, or as authorized under a federal migratory bird banding permit, or a license issued under s. 169.25, Stats. The normal uses of archery equipment for hunting such as lighted, reflective, or glowing nocks are not a violation of this paragraph.
(2) GENERAL BAITING REGULATIONS.
(a)General prohibition.
1. No person may place, use or hunt over bait or feed material for the purpose of hunting wild animals or training dogs, except as provided in par. (b) or sub. (2m), or as authorized by a permit or license issued under s. 29.614(1) or 169.25(1) (a), Stats., or s. NR 12.06(11) or 12.10(1).

Note: Section 29.614, Stats., states: Scientific collector permit.

(1) Application for a scientific collector permit shall be submitted to the department. The department may issue a scientific collector permit if the department determines that the applicant is a natural person and is engaged in a bona fide program leading to increased, useful scientific knowledge.

Note: Section 169.25, Stats., states: Scientific research license. (1) Issuance.

(a) The department shall issue a scientific research license to any person who is engaged in a study or in research that the department determines will lead to increased, useful scientific knowledge and who files a proper application and who pays the applicable fee.
2. No person may hunt or train dogs over bait or a feeding site that is in violation of s. 29.336(4), Stats., this section, or in violation of the feeding prohibitions of s. NR 19.60, unless the feeding site is completely free of bait or feed material for at least 10 consecutive days prior to hunting, pursuing animals or dog training.

Note: Section 29.336(4), Stats., states that a person may feed deer for hunting purposes in counties not included in the rules promulgated under sub. (2) during any season open for hunting deer if all of the following apply:

(a) Not more than 2 gallons of material are at the feeding site.
(b) No feeding site is closer than 100 yards of another feeding site.
(c) The person does not place more than 2 gallons of material in any area comprising 40 acres or less.
(d) The material used to feed deer does not contain any animal part or animal byproduct. Note: Removal of unlawfully placed bait or feed material does not preclude the issuance of a citation for the original placement of the unlawful baiting or feeding material.
(b)General exceptions. A person may place, use or hunt over bait or feed as follows:
1. For the purpose of hunting bear and bear dog training in compliance with sub. (2m).
2. For the purpose of hunting deer in compliance with sub. (2m).
3. Scent may be used for hunting game and, except as allowed under subd. 4., the scent may not be placed or deposited in a manner in which it is accessible for consumption by deer or elk, and scents shall be removed daily at the end of shooting hours for deer established in s. NR 10.06(5).
4. Two ounces or less of scent may be placed, used or deposited in any manner for hunting game and does not need to be removed daily at the end of shooting hours.
5. With the aid of material deposited by natural vegetation or material found solely as a result of normal agricultural or gardening practices.
6. With the aid of crops planted and left standing as wildlife food plots.
7. With the aid of feed material placed in a bird feeding structure or device if the hunting is authorized under s. 29.337, Stats.
8. For the purpose of hunting coyote, fox, raccoon and unprotected species over bait or feed placed in compliance with this section or s. NR 19.60, if the hunting involves the release and use of trailing hounds.
9. Bait placed for trapping as specified in s. NR 10.13.
10. Feed or bait material placed or used for fish, reptiles, amphibians or arthropods, provided the material is not accessible to bear, deer or elk.

Note: 29.337 Hunting and trapping by landowners and occupants.

(1) The owner or occupant of any land, and any member of his or her family, may hunt or trap beaver, coyotes, foxes, raccoons, woodchucks, rabbits, and squirrels on the land without a license issued under this chapter or ch. 169 at any time, except as follows:
(a) An owner or occupant may not hunt any of these wild animals during the period of 24 hours before the time for commencement of the deer hunting season in any area where an open season for hunting deer with firearms is established.
(b) Such persons may not hunt coyotes during an open season for hunting deer with firearms in an area that is closed by the department by rule to coyote hunting.

Note: Placing or using bait for purposes of trapping is regulated by ss. NR 10.13(1) (b), 19.27, 19.275 and not this subsection. Baiting for migratory birds is regulated by s. NR 10.12(1) (h) and not this subsection. This subsection does not prohibit hunting with the use of decoys except as already prohibited under ss. NR 10.12(1) (f) and (g) and 10.25(4) (d).

(2m) BEAR AND DEER BAITING REGULATIONS.
(a)Affected area.This section applies to deer and bear hunting statewide, except for baiting deer in the areas described in par. (b) where baiting for deer is prohibited.
(b)Excluded area. Deer baiting and feeding is prohibited in entire counties where any of the following criteria apply:
1. A CWD affected area has been established in the county or a portion of the county.
2. A CWD or bovine tuberculosis positive captive or free-roaming, domestic or wild animal has been confirmed after December 31, 1997 from the county.
3. The county or portion of the county is within a 10 mile radius of a captive or free-roaming, domestic or wild animal that has been tested and confirmed to be positive for CWD or bovine tuberculosis after December 31, 1997.
(c)Inclusion of additional counties.
1. The department may add additional counties under par. (b) if they meet the criteria established in par. (b) 1., 2. or 3.
2. The prohibitions and exemptions in this subsection shall become effective upon issuance of an order by the secretary of the department and publication in the official state newspaper. In addition, a notice of the order shall be provided to newspapers, legislators and hunting license outlets in the area affected.
(d)Bear hunting and bear dog training. Bait or feed may be placed and used for the purpose of hunting bear or training bear dogs, except no person may place, use or hunt over bait or feed:
1. Beginning the day after the bear season closes and continuing through the following April 14.
2. In excess of 10 gallons of bait or feed at any feeding site.
3. That is not totally enclosed in a hollow log, a hole in the ground or stump which is capped with logs, rocks or other naturally occurring and unprocessed substances which prevents deer from accessing the material. Liquid scent used for hunting of bear or training bear dogs does not need to be enclosed.
4. Unless, when the bait or feeding site is checked or re-baited, all bait that has been uncovered is again enclosed and made inaccessible to deer in accordance with subd. 3.
(e)Deer hunting. Bait or feed may be placed and used for hunting deer outside of the counties described in par. (b), except no person may place, use or hunt over bait or feed:
1. During the closed season for hunting deer. For the purpose of this paragraph, the open season for hunting of deer includes the 24-hour period prior to the deer seasons established in s. NR 10.01(3).
2. In excess of 2 gallons of bait or feed at any feeding site.
3. In excess of 2 gallons of bait or feed on each contiguous area of land under the same ownership that is 40 acres or less, or for each full 40 acres that make up a contiguous area of land under the same ownership.
4. At any feeding site that is located within 100 yards of any other feeding site located on the same contiguous area of land under the same ownership.

Note: A person may place bait or feed for another person and may hunt over another person's bait or feed site if the person placing the bait is in compliance with s. NR 10.07(2) and (2m).

(f)Additional prohibitions. For bear hunting and bear dog training and for deer hunting outside of the counties described in par. (b), no person may place, use or hunt over bait or feed that:
1. Contains or is contained within metal, paper, plastic, glass, wood or other similar processed materials, except that a processed wood bottom may be affixed to a hollow log or stump using adhesive, nails, or screws for the purpose of containing bait or feed. This subdivision does not apply to scent material and does not prohibit bait or feed from being placed in hollow logs or stumps.
2. Contains any animal part or animal byproduct.
3. Is located within 50 yards of any trail, road or campsite used by the public, or within 100 yards from a roadway, as defined in s. 340.01(54), Stats., having a posted speed limit of 45 miles per hour or more.
4. Except as authorized under s. NR 19.60(3) (a) 1., is in a feeder designed to deposit or replenish the feed automatically, mechanically or by gravity.

Note: Section 340.01(54), Stats., "Roadway" means that portion of a highway between the regularly established curb lines or that portion which is improved, designed or ordinarily used for vehicular travel, excluding the berm or shoulder. In a divided highway, the term "roadway" refers to each roadway separately but not to all such roadways collectively.

(g)Valid approval required. Unless hunting pursuant to s. NR 10.07(2) (b) 8., no person may hunt over bait or feed material placed for:
1. Bear without possessing a valid unused class A bear license and carcass tag.
2. Deer without possessing an appropriate valid archer, crossbow, or gun deer license and valid, unused harvest authorization.

Wis. Admin. Code Department of Natural Resources NR 10.07

1-2-56; CR 03-016: r. and recr. (1) (a), cr. (3) Register August 2003 No. 572, eff. 9-1-03; correction in (1) (a) 2. e. made under s. 13.93(2m) (b) 7, Stats., Register August 2003 No. 572; CR 03-018: am. (1) (b) 2. Register November 2003 No. 575, eff. 1-1-04; CR 04-020: r. and recr. (1) (a), am. (3) Register August 2004 No. 584, eff. 9-1-04; CR 04-078: r. (1) (g), cr. (2) and (2m) Register April 2005 No. 592, eff. 5-1-05; CR 05-017: cr. (1) (k) Register October 2005 No. 598, eff. 11-1-05; CR 08-013: r. (1) (a) 2., am. (2m) (b) 1. Register August 2008 No. 632, eff. 9-1-08; CR 09-024: am. (2m) (e) 1. Register May 2010 No. 653, eff. 6-1-10.
Amended by, CR 13-071: am. (1) (b) 3., (2m) (b) 1., (g) 2., r. (3) Register July 2015 No. 715, eff. 8-1-15; correction in (2m) (b) 1., 2. made under s. 35.17, Stats., Register July 2015 No. 715, eff.8/1/2015.
Amended by, CR 16-037: am. (1) (k) Register April 2017 No. 736, eff. 5/1/2017
Amended by, CR 16-028: am. (2) (b) 3., 4. Register July 2017 No. 739, eff. 8/1/2017
Amended by, correction in (History) made under s. 13.92(4) (b)., Stats.,Register August 2017 No. 740, eff. 9/1/2017
Amended by, EmR1902: emerg. am. (1) (b) 3., (2m) (g) 2. eff. 1-18-19; CR 19-005: am. (1) (b) 3., (2m) (g) 2. Register September 2019 No. 765, eff. 10/1/2019
Amended by, renum. (1) (a) 1. to (1) (a) under s. 13.92(4) (b) 1, Stats., Register January 2020 No. 769, eff. 2/1/2020
Amended by, 2021 Wis. Act 14: am. (2m) (f) 1. Register April 2021 No. 784, eff. 5/1/2021

Removal of unlawfully placed bait or feed material does not preclude the issuance of a citation for the original placement of the unlawful baiting or feeding material.