How many times have you asked yourself while hunting, fishing or trapping, "Is this going to get me in trouble with the law?"
The thought might cross your mind as you attempt to recover that huge buck that has passed through two neighboring properties, left a blood trail through the outskirts of a populated area and then died in a County Park that prohibits hunting. Shooting hours have expired and you are miles away from your vehicle where you left your gun or bow case.
Or, you stumble into a situation where you had no idea your hunting practices are illegal. For example, you have a couple of pet ferrets, and you discover that they are great for entering rabbit dens to chase out the furry critters for an easy shot. Oops! While legal in some states, Wisconsin law prohibits their use.
That is one of several antiquated laws that are still on the books according to Tom Van Haren, DNR Natural Resource Policy Officer. "Some have not been violated for many, many years, but there is really no reason to repeal them," he said.
Ferret laws aside, as a responsible hunter you are careful about obeying game laws to the letter because you appreciate the privilege of hunting in a state blessed with great natural beauty and abundant populations of several game species.
That being said, many people express frustration with confusing or complex rules. In response to questions raised, Van Haren explained some of the rules in greater detail.
Questions always arise as to whether someone is considered to be "hunting" under DNR rules. The law defines hunting as "shooting, shooting at, pursuing, taking, capturing or killing or attempting to capture or kill any wild animal."
When standing or walking along a roadway en route to a stand with a loaded gun, for example, Van Haren states that one cannot be considered hunting based solely on the possession of a loaded gun. A conservation warden will look at the "totality of the circumstances when determining if probable cause exists."
Of great importance, Van Haren asserts, are the actions taken by the individual. Examples leading to probable cause might include a person who takes aim at a deer or other game, one who takes a position as a stander along the road while others are driving deer or a bird hunter who is working a dog along the road.
One recurring violation regards requirements to have a bow or firearm cased under certain circumstances. While not specific to one's proximity to a roadway, they must be cased before placing them in or on a vehicle. Truck tailgates are notorious for collecting uncased weapons as hunters might set them down while they prepare to depart or merely to take a short break from hunting activities.
One exception: bows that have been unstrung need not be cased, according to Van Haren. Other times when bows and firearms must be encased, Van Haren said, include specific areas of most state parks, within many municipalities or within a school zone.
How about keeping that firearm or bow cased before shooting hours have begun or after shooting hours have closed? Says Van Haren, "there is no law that states these weapons must be cased; the law only says one cannot hunt outside of shooting hours."
He advises that not having an arrow nocked or emptying a firearm would be ways of demonstrating that the individual is not engaged in hunting activity.
Another conundrum for deer hunters regards the aforementioned animal shot during the waning minutes of legal shooting hours but which does not drop immediately. State law requires all hunters make a reasonable attempt to recover all wounded or downed game. If the animal has not died, however, the hunter cannot kill the animal with either a bow or gun because the law prohibits shooting after hours.
In this case, Van Haren recommends not carrying a firearm or bow, so that the individual does not appear to be hunting. "The only legal thing the hunter may do is leave the deer and come back later to see if it has died or wait until the next day's legal hunting hours to kill the deer," he said.
Looking to the future, the DNR has no plans to change the rule that requires a hunter to remove all items from public land at the end of the day. An advisory question offered by the Wisconsin Conservation Congress at the 2009 spring hearings would allow hunters to leave tree stands up overnight. The rationale is that it is dangerous to install or take down a stand in the dark and the noise might scare away any game in the area.
DNR staff believe leaving tree stands up overnight will increase hunter conflict in the field as hunters who have a stand or blind set out often feel they have staked a claim to that area. Increased thefts might also occur, they suggest.
Hunters are advised to check all regulations before they begin their hunting activities. And forget about taking your pet ferret out hunting rabbits - strictly forbidden in Wisconsin.
- Lee Fahrney is the Monroe Times outdoors writer. He can be reached at (608) 967-2208 or fiveoaks@mhtc.net.
The thought might cross your mind as you attempt to recover that huge buck that has passed through two neighboring properties, left a blood trail through the outskirts of a populated area and then died in a County Park that prohibits hunting. Shooting hours have expired and you are miles away from your vehicle where you left your gun or bow case.
Or, you stumble into a situation where you had no idea your hunting practices are illegal. For example, you have a couple of pet ferrets, and you discover that they are great for entering rabbit dens to chase out the furry critters for an easy shot. Oops! While legal in some states, Wisconsin law prohibits their use.
That is one of several antiquated laws that are still on the books according to Tom Van Haren, DNR Natural Resource Policy Officer. "Some have not been violated for many, many years, but there is really no reason to repeal them," he said.
Ferret laws aside, as a responsible hunter you are careful about obeying game laws to the letter because you appreciate the privilege of hunting in a state blessed with great natural beauty and abundant populations of several game species.
That being said, many people express frustration with confusing or complex rules. In response to questions raised, Van Haren explained some of the rules in greater detail.
Questions always arise as to whether someone is considered to be "hunting" under DNR rules. The law defines hunting as "shooting, shooting at, pursuing, taking, capturing or killing or attempting to capture or kill any wild animal."
When standing or walking along a roadway en route to a stand with a loaded gun, for example, Van Haren states that one cannot be considered hunting based solely on the possession of a loaded gun. A conservation warden will look at the "totality of the circumstances when determining if probable cause exists."
Of great importance, Van Haren asserts, are the actions taken by the individual. Examples leading to probable cause might include a person who takes aim at a deer or other game, one who takes a position as a stander along the road while others are driving deer or a bird hunter who is working a dog along the road.
One recurring violation regards requirements to have a bow or firearm cased under certain circumstances. While not specific to one's proximity to a roadway, they must be cased before placing them in or on a vehicle. Truck tailgates are notorious for collecting uncased weapons as hunters might set them down while they prepare to depart or merely to take a short break from hunting activities.
One exception: bows that have been unstrung need not be cased, according to Van Haren. Other times when bows and firearms must be encased, Van Haren said, include specific areas of most state parks, within many municipalities or within a school zone.
How about keeping that firearm or bow cased before shooting hours have begun or after shooting hours have closed? Says Van Haren, "there is no law that states these weapons must be cased; the law only says one cannot hunt outside of shooting hours."
He advises that not having an arrow nocked or emptying a firearm would be ways of demonstrating that the individual is not engaged in hunting activity.
Another conundrum for deer hunters regards the aforementioned animal shot during the waning minutes of legal shooting hours but which does not drop immediately. State law requires all hunters make a reasonable attempt to recover all wounded or downed game. If the animal has not died, however, the hunter cannot kill the animal with either a bow or gun because the law prohibits shooting after hours.
In this case, Van Haren recommends not carrying a firearm or bow, so that the individual does not appear to be hunting. "The only legal thing the hunter may do is leave the deer and come back later to see if it has died or wait until the next day's legal hunting hours to kill the deer," he said.
Looking to the future, the DNR has no plans to change the rule that requires a hunter to remove all items from public land at the end of the day. An advisory question offered by the Wisconsin Conservation Congress at the 2009 spring hearings would allow hunters to leave tree stands up overnight. The rationale is that it is dangerous to install or take down a stand in the dark and the noise might scare away any game in the area.
DNR staff believe leaving tree stands up overnight will increase hunter conflict in the field as hunters who have a stand or blind set out often feel they have staked a claim to that area. Increased thefts might also occur, they suggest.
Hunters are advised to check all regulations before they begin their hunting activities. And forget about taking your pet ferret out hunting rabbits - strictly forbidden in Wisconsin.
- Lee Fahrney is the Monroe Times outdoors writer. He can be reached at (608) 967-2208 or fiveoaks@mhtc.net.
