Section 29.314. Shining animals.

 

(1)   Definition. As used in this section:

(ac) “Firearm-mounted light" means a light that is battery operated and designed to be mounted on a firearm, but does not include a laser sighting device.

(ag) “Flashlight" means a battery operated light designed to be carried and held by hand or attached to clothing or a part of the body.

(am) “Laser sighting device" means a device for sighting a firearm that uses light amplification by stimulated emission of radiation to emit a beam of light that is visible to the human eye.

(b) “Light" includes flashlights, automobile lights and other lights.

(c) “Peace officer" has the meaning designated under s. 939.22 (22) .

(d) “Shining" means the casting of rays of a light on a field, forest or other area for the purpose of illuminating, locating or attempting to illuminate or locate wild animals.

(2)   Presumption. A person casting the rays of light on a field, forest or other area which is frequented by wild animals is presumed to be shining wild animals. A person may introduce evidence to rebut this presumption.

(3)   Shining deer, elk, or bear while hunting or possessing weapons prohibited.

(a) Prohibition. No person may use or possess with intent to use a light for shining deer, elk, or bear while the person is hunting deer, elk, or bear or in possession of a firearm, bow and arrow, or crossbow.

(b) Exceptions. This subsection does not apply:

1. To a peace officer on official business.

2. To an employee of the department on official business.

3. To a person authorized by the department to conduct a game census or to observe bear for educational purposes.

4. To the holder of a Class C permit issued under s. 29.193 (2) (c) 4. who uses a laser sighting device while hunting with a firearm, bow and arrow, or crossbow.

(4)   Shining wild animals while hunting or possessing weapons prohibited.

(a) Prohibition. No person may use or possess with intent to use a light for shining wild animals while the person is hunting or in possession of a firearm, bow and arrow or crossbow.

(b) Exceptions. This subsection does not apply:

1. To a peace officer on official business, an employee of the department on official business or a person authorized by the department to conduct a game census.

2. To a person who possesses a flashlight or firearm-mounted light or who uses a flashlight or firearm-mounted light at the point of kill while hunting on foot for raccoons, foxes, coyotes, or other unprotected animals during the open season for the animals hunted.

3. To a person who possesses or uses a light while using a bow and arrow or crossbow for taking rough fish.

4. To the holder of a Class C permit issued under s. 29.193 (2) (c) 4. who uses a laser sighting device while hunting with a firearm, bow and arrow, or crossbow.

(5)   Shining wild animals after 10 p.m. during certain times of the year prohibited.

(a) Prohibition. No person may use or possess with intent to use a light for shining wild animals between 10 p.m. and 7 a.m. from September 15 to December 31.

(b) Exceptions. This subsection does not apply:

1. To a peace officer on official business, an employee of the department on official business or a person authorized by the department to conduct a game census or to observe bear for educational purposes.

2. To a person who possesses a flashlight or firearm-mounted light or who uses a flashlight or firearm-mounted light at the point of kill while hunting on foot for raccoons, foxes, coyotes, or other unprotected animals during the open season for the animals hunted.

2m. To a person who possesses or uses a light while using a bow and arrow or crossbow for taking rough fish.

3. To a person who possesses a flashlight or who uses a flashlight while on foot and training a dog to track or hunt raccoons, foxes or other unprotected animals.

3m. To the holder of a Class C permit issued under s. 29.193 (2) (c) 4. who uses a laser sighting device while hunting with a firearm, bow and arrow, or crossbow.

4. If rules promulgated by the department specifically permit a person to use or possess a light for shining wild animals during these times.

(6)   County ordinance. A county may regulate or prohibit the use of or possession with intent to use a light for shining wild animals. A county ordinance may not be less restrictive than the prohibition under sub. (5) (a) . The exceptions under sub. (5) (b) apply to a county ordinance adopted under this subsection. A county may provide for a forfeiture of not more than $1,000 for violation of a county ordinance adopted under this subsection.

(7)   Penalties.

(a) A person who violates sub. (3) shall be fined not less than $1,000 nor more than $2,000 or imprisoned not more than 6 months or both and, in addition, the court shall order the revocation of all approvals issued to the person under this chapter and shall prohibit the issuance of any new approval under this chapter to the person for 3 years.

(b) A person who violates sub. (4) or (5) shall forfeit not more than $1,000.

1979 c. 190 ; 1983 a. 27 , 419 , 538 ; 1987 a. 399 ; 1997 a. 1 ; 1997 a. 248 s. 438 ; Stats. 1997 s. 29.314; 1997 a. 249 ; 2001 a. 109 ; 2003 a. 75 ; 2005 a. 57 , 291 ; 2011 a. 169 , 180 ; 2015 a. 249 . Cross-reference: See also s. NR 10.001 , Wis. adm. code. This section is constitutional. 71 Atty. Gen. 49 . The shining provisions of this section apply to game, fur, and deer farms. 80 Atty. Gen. 7 .