Section 29.197. Waivers of certain approvals.

 

(1)   Definition. In this section “recreational activity" means hunting, fishing or trapping for sport.

(2)   Waiver. For a special event or program that involves a recreational activity and that is sponsored or approved by the department, the department may waive the requirement that persons have approvals required under this chapter, and pay the applicable fees, for the recreational activity if the department finds that all of the following apply:

(a) The special event or program will provide education in or appreciation of the recreational activity.

(b) The waiver of the approval requirement will not result in a substantial loss of revenue to the department as determined by rule by the department.

(3)   Weekend events. In addition to any special event or program sponsored under sub. (2) , the department shall, by rule, designate 2 special event weekends per year during which it shall waive the requirement that persons be issued fishing licenses and pay the applicable fees in order to fish in the waters of this state. The department shall designate the 3rd full weekend in January as one of the special event weekends. The department shall, by rule, designate to which inland or outlying waters these waivers shall apply.

(4)   Publicizing. The department shall, in cooperation with and with the assistance of the department of tourism, publicize the special events and programs sponsored or approved under this section.

(5)   Conditions; limitations. For a recreational activity that is the subject of the special event or program under this section, the department may waive conditions, limitations or restrictions required under this chapter or may establish reasonable conditions, limitations or restrictions that are in addition to those required under this chapter.

(6)   Limitations on participants.

(a) Persons who fish, hunt or trap in events or programs under this section may not sell, trade or barter the wild animals taken during the event or program. These persons are subject to all other conditions, limitations and restrictions required under this chapter except those waived.

(b) Persons who help or assist in conducting a special event or program, who are not employees of the department, and who are engaged in the recreational activity, are not exempt from possessing the approvals required under this chapter for the recreational activity.

(7)   Exclusion. No person who holds a commercial fishing license issued under s. 29.519 may fish in an event or program under this section.

(8)   Requests for waivers. Any person conducting a special event or program that involves a recreational activity for which an approval is required under this chapter may request a waiver of the approval requirement from the department. A denial of a waiver request is not subject to review under ch. 227 .

1985 a. 326 ; 1993 a. 182 , 217 , 491 ; 1995 a. 27 ; 1997 a. 195 ; 1997 a. 248 ss. 368 to 374 ; Stats. 1997 s. 29.197; 1999 a. 32 ; 2011 a. 168 . Cross-reference: See also s.s NR 19.025 and 20.25, Wis. adm. code.