Guidance on the Use of Lights & Illuminating Devices

Department of Natural Resources (DNR) employees frequently receive questions regarding the use of
lights, laser sights, laser range finders, thermal imaging devices and night vision devices to locate, shine
or identify wild animals. This guidance document provides clarity on how the agency’s staff have been
directed to treat and respond to situations involving these devices. 

Definitions and information on where this guidance is written in code can be found at the end of this
document.

A. POINT OF KILL

In determining the “point of kill,” conservation wardens will use their discretion and take the “totality of the
circumstances” and the answers to the following questions into consideration when deciding the
appropriate level of enforcement action relating to the use of a light and potential violations of state
statute.

Question: Can a light be used to search or scan for a raccoon, fox, coyote or unprotected animal by a hunter
calling from a stationary location?

Answer: NO.

The “point of kill” does not include shining a light for the purpose of locating, searching or
scanning for wild animals when the hunter does not yet know its specific location. Shining an area
to locate or look for a fox or coyote responding to a predator call would be a violation.
The exceptions to shining at the “point of kill” is for the hunter who has already located the animal
and is then shining a light to illuminate the animal for the purposes of clear identification as a
legal target. After illuminating and identifying the animal, the hunter makes a subsequent decision
to harvest the animal. A hunter deciding to not harvest the located animal has not violated the
point of kill exception to the shining law.
The light must be a handheld flashlight or a firearm- or air gun-mounted light. If the hunter is
using a crossbow or archery equipment, the statute only allows the use of a hand-held or
body/clothing-attached light (i.e., the use of a light mounted on the crossbow or bow would be
illegal as it does not meet the definition of a “flashlight”).

Question: While on foot, can a hunter use a flashlight to search or scan trees for raccoon?

Answer: NO.

The “point of kill” does not include shining a light into trees or other locations for the purposes of
scanning, locating or searching for raccoon whose specific location is yet unknown to the hunter.
A hunter walking a field, fence line or wooded area while shining field areas, multiple trees or
adjoining areas in an effort to locate raccoon would be in violation of state statute.
A hunter who is on foot and shining a single tree with a flashlight where they have observed the
silhouette of a raccoon against the skyline or where a raccoon trailing dog has signaled the
location of a raccoon would be legal as a “point of kill”.
 

Question: Can a flashlight be used by a hunter to light their way or to follow a blood trail?

Answer: NO.

The use of a flashlight or lantern by a hunter or other person for finding one’s way through the
woods and marshes or to follow a blood trail from a hunter-hit animal are accepted practices and
are not considered violations. However, it would be a violation for the person to shine or cast the
light rays broadly around the area or up in trees in an effort to locate wild animals while
transversing these areas while in possession of a firearm, air gun, crossbow or archery
equipment or if done after 10:00 p.m. from Sept. 15 to Dec. 31.

B. Laser Sights

Question: Are laser sights legal to use for any kind of hunting in Wisconsin?  

Laser sighting devices are not legal to use for hunting. The only exception to this prohibition is if the person holds a Class C disabled permit.  

The prohibitions on shining under include a laser sight that is mounted, secured, attached or physically connected to a firearm, crossbow or bow. A laser sighting device is not a “flashlight” because it is not independently held or carried by hand.  

However, laser pointers designed to be grasped in the hand and that are not physically connected to a firearm, crossbow or bow would qualify as flashlights and may be used at the point of kill as prescribed in s. 29.314(4)(b)2., Wis. Stats.  

C. Laser Range Finders

Question: Are laser range finders legal to use for any kind of hunting in Wisconsin? 

Answer: YES.

Provided the range finder does not cast any visible rays of light.

Laser range finders can be used for hunting provided the device does not cast a visible ray of light that can be seen by the human eye and cannot illuminate any part of the animal. In regard to laser range finders, previous guidance had been that laser range finders could be used for "general outdoor skills" activities when used on objects like trees to establish ranges but could not be used at the point of kill (i.e., used directly on the animal to determine distance). However, upon further examination of this question, it was determined that most laser range finders are designed differently than laser sights and do not cast a visible form or ray of light.

The definition of "light" includes flashlights, automobile lights and other lights, while the definition of 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. The use of a range finder that does not cast a visible ray of light only helps the hunter to determine an accurate distance for making a more accurate shot; it does not assist in locating or illuminating wild animals in low light conditions as do visible light emitting devices.

D. Other Sighting Devices

Question: Is it legal to use lighted pins on bows for hunting deer, bear and other wild animals?  

Answer: YES.

Question: Is it legal to use red dot type scopes for hunting purposes?

Answer: YES.

It is legal to use lighted pin sights and red dot type scopes or similar sighting devices for hunting as these devices utilize a light solely as a sighting point on the bow, firearm, air gun or crossbow and do not involve the “casting of a ray of light” on the target.

E. Thermal Imaging Devices

Question: Is it legal to use thermal imaging devices (infrared) for hunting purposes?

Answer: YES.

It is legal to use thermal imaging devices for hunting as these devices do not involve the “casting of a ray of light” on the target or area being surveilled. Rather thermal imaging devices detect and measure the infrared energy (heat) of objects and convert that data into an electronic image that shows the apparent surface temperature of the object being measured or observed.  

F. Night Vision Devices

Question: Is it legal to use night vision devices (sights, goggles or scopes) for hunting purposes?

Answer: YES.

It is legal to use night vision devices for hunting that do not utilize “active illumination” involving a visible light source “casting of a ray of light” on the target.  

The use of night vision devices that use natural sources of light such as starlight or moonlight are legal for hunting as they do not meet the definitions of a light or flashlight under s. 29.314(1), Wis. Stats. However, night vision devices that utilize an active source of illumination (visible light, near infrared or shortwave infrared band) are illegal since these light sources (rays) are being used “for the purpose of illuminating, locating or attempting to illuminate or locate wild animals.”  

While the near infrared or shortwave infrared band is not visible to the unaided human eye, the illuminated target can be located or viewed through the night vision device due to these rays of light in violation of state statute. Night vision devices utilizing an active source of illumination would only be legal at the point of kill for hunting raccoon, foxes, coyotes and unprotected animals.  

Definitions 

The following definitions are located in s. 29.314 (1), Wis. Stats and further clarify what is meant in the guidance above.  

• (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) [Wis. Stats.].  
• (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.  
• Point of kill – The location at which a flashlight is used to illuminate and kill a wild animal whose position or location is already known by the hunter, such as a tree in which a hound has treed an animal, for the purpose of accurately identifying the animal, safely aiming the weapon and killing the animal. It does not include shining a light on fields, forests or other areas in general for the purpose of searching for or attempting to locate wild animals for which the hunter does not already know the specific location.  
• Unprotected animals – Those species of animals listed in NR 10.04, Wis. Adm. Code which are opossum, porcupine, skunk, weasel, and woodchuck, Chukar partridge, coturnix quail, English sparrows, Eurasian collared doves, starlings and any other wild animal not specified in Ch. NR 10, Wis. Adm. Code.  
• Wild animal – Has the meaning found s. 29.001 (90), Wis. Stats., “Wild animal" means any mammal, bird, fish or other creature of a wild nature endowed with sensation and the power of voluntary motion.  

References, Answers and Analysis

s. 29.314, Wis. Stats. Shining 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, air gun, 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.  

5. To designated personnel at a public-use airport, as defined in s. 114.002 (18m), or an airport under the exclusive control of the national guard or U.S. department of defense, for the purposes of nuisance wildlife management and control when authorized by state or federal permits. “Designated personnel” includes any person who is acting within the scope of his or her employment or employer and who is an employee or contractor of the airport or the local government that operates the airport or a federal employee or agent.  

(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 or catfish.  

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. To designated personnel at a public-use airport, as defined in s. 114.002 (18m), or an airport under the exclusive control of the national guard or U.S. department of defense, for the purposes of nuisance wildlife management and control when authorized by state or federal permits. “Designated personnel” includes any person who is acting within the scope of his or her employment or employer and who is an employee or contractor of the airport or the local government that operates the airport or a federal employee or agent.  

(5) SHINING WILD ANIMALS AFTER 10 P.M. PROHIBITED DURING CERTAIN TIMES OF THE YEAR.  

(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 Sept. 15 to Dec. 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 or catfish.  

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. 

NR 10.06, Wis. Adm Code Shooting hours

(2) SHOOTING ZONES  

(b) General prohibition. Except as provided in subs. (6) to (9), no person may shoot or shoot at any game species for which an open season is prescribed on any day during the open season before the a.m. times or after the p.m. times established in sub. (5).