LRB-4731/8
MGG&RPN:jld/kf/wj:jf
2005 - 2006 LEGISLATURE
March 21, 2006 - Introduced by Representatives Gunderson, Moulton, Pettis,
Musser, Bies, Krawczyk, Mursau, Petrowski and M. Williams. Referred to
Committee on Natural Resources.
AB1129,2,2
1An Act to amend 29.171 (3), 29.173 (2) (a), 29.173 (3), 29.211 (2), 29.211 (3),
229.216 (3), 29.231 (4), 29.235 (4), 29.361 (2m), 29.563 (12) (a) 2. and 29.889 (7)
3(d) 2.; and
to create 20.370 (5) (fv), 29.053 (4), (5) and (6), 29.054, 29.171 (3m),
429.173 (4), 29.175, 29.192 (6), 29.211 (4), 29.212, 29.216 (4), 29.325, 29.563 (2)
5(a) 5j., 29.563 (2) (a) 5k., 29.563 (2) (b) 3g., 29.563 (12) (a) 1m., 29.563 (15) and
629.566 (1v) of the statutes;
relating to: creating a license that authorizes the
7hunting of deer by muzzle-loading firearms, deer hunting seasons during the
8months of October and November for hunting deer on the Apostle Islands and
9under certain other circumstances, an annual 9-day deer hunting season
10beginning in November, a muzzle-loading firearm only deer hunting season,
11establishing a deer hunting event for participants under the age of 16 years,
12deer carcass tags issued with licenses authorizing the hunting of deer, funding
1for wildlife damage claim payments, providing an exemption from rule-making
2procedures, and making an appropriation.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Natural Resources (DNR) issues
resident and nonresident deer hunting licenses. Both a resident and a nonresident
deer hunting license authorizes the hunting of deer with firearms, including
muzzle-loading firearms. Under this bill, a resident or nonresident must hold a deer
muzzle-loading license in order to hunt deer with a muzzle-loading firearm unless
he or she is hunting during the regular deer hunting season. The fee for this license
is the same as the applicable deer hunting license under current law. The bill
requires that these fees be used to make damage claim payments under the wildlife
damage claim program for damage done by deer, elk, bear, geese, or turkey to
agricultural crops.
Under current law, with each license that DNR issues that authorizes hunting
of deer, DNR must issue one deer carcass tag and one back tag. These licenses
include resident and nonresident deer hunting licenses, and resident and
nonresident archer licenses. In the case of deer hunting licenses and deer
muzzle-loading licenses, under the bill, DNR must issue to each license holder, one
deer carcass tag that authorizes the taking of a buck deer, and two additional carcass
tags that authorize the taking of antlerless deer. The two additional tags may be
used only in areas of the state where DNR has determined that the size of the deer
population require additional or special types of deer to be taken for proper game
management. In the case of archer hunting licenses, under the bill DNR must issue
to each license holder one deer carcass tag that authorizes the taking of a buck deer
and three additional carcass tags that authorize the taking of three additional
antlerless deer. Two of the three additional tags may be used only in areas of the state
where DNR has determined that the size and characteristics of the deer population
require additional or special types of deer to be taken for proper game management.
Administrative rules promulgated by DNR define a "buck deer" to be any deer with
an antler not less than three inches in length and an "antlerless deer" to be any deer
without antlers or with both antlers less than three inches in length. The bill
prohibits DNR from requiring for the purposes of any deer hunting season that a
hunter take a buck deer before taking an antlerless deer except in chronic wasting
disease eradication zones. The bill requires DNR to establish a system under which
DNR pays each issuing agent 50 cents each time that the agent uses the statewide
automated issuing system to issue to a hunter the deer carcass tags that accompany
a hunting license. A similar system exists under current law for paying issuing
agents 50 cents each time that an agent issues one or more special deer hunting
permits to an individual.
The bill also prohibits DNR from establishing any season that authorizes deer
hunting for the period starting on October 1 and ending on the Friday before
Thanksgiving except for a hunting season for muzzle-loading firearms on the
Apostle Islands, one annual hunting season limited to muzzle-loading firearms, a
hunting event for youth, as described below, and hunting seasons established for the
purpose of controlling the spread of disease in the deer population.
Under current rules promulgated by DNR, the annual deer hunting season for
hunting with firearms begins on the Saturday immediately preceding Thanksgiving
and is for a period of nine days. This bills requires that DNR allow hunters to use
muzzle-loading firearms and any other types of authorized firearms and to hunt by
bow and arrow. However, to participate in this annual season, a person must hold
a resident or nonresident deer hunting license and may not hunt under the authority
of a resident or nonresident archer hunting license or a resident or nonresident deer
muzzle-loading license. The bill also requires DNR to establish a ten-day season for
the hunting of deer only with muzzle-loading firearms, starting on the Monday after
Thanksgiving.
Under administrative rules promulgated by DNR, a special deer hunt is held
for young hunters who are at least 12 years old and not more than 15 years old. For
this hunt, a hunter need not have a deer hunting license but must have a certificate
of accomplishment showing that he or she successfully completed the course of
instruction under the hunter education program in this state or a similar certificate
from another state or province. A hunter participating in this hunt may take one
antlerless deer.
Under the bill, a special deer hunt for young hunters in this age range is
statutorily required. Under the bill, a young hunter participating in the hunt is
issued one deer carcass tag to take one antlerless deer. The bill requires that a young
hunter participating in the event be accompanied by an adult. An adult may not
accompany more than two young hunters at a time.
All of the provisions in this bill are no longer applicable on March 31, 2008,
except for the provision that funds the wildlife damage program. Under the bill, that
funding ends on June 30, 2008.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB1129, s. 1
1Section
1. 20.370 (5) (fv) of the statutes is created to read:
AB1129,3,52
20.370
(5) (fv)
Wildlife damage claims. All moneys received under s. 29.563 (2)
3(a) 5j. and k. and (b) 3g. and (12) (a) 1m. to provide state aid for the wildlife damage
4claim program under s. 29.889 (7) (d). No moneys may be encumbered from the
5appropriation under s. 20.370 (5) (fq) for these payments after June 30, 2008.
AB1129, s. 2
6Section
2. 29.053 (4), (5) and (6) of the statutes are created to read:
AB1129,4,4
129.053
(4) (a) The department may not establish any open season for the
2hunting of deer with firearms at any time during the period beginning on October
31 and ending on the Friday immediately before Thanksgiving Day unless one of the
4following applies:
AB1129,4,65
1. The deer hunting season is established for a hunting event for youth, as
6authorized under s. 29.325.
AB1129,4,77
2. The deer hunting season is established as required under sub. (5).
AB1129,4,98
3. The deer hunting season is established for the purpose of controlling the
9spread of disease in the deer population.
AB1129,4,1110
4. The deer hunting season is established for the hunting of deer with
11muzzle-loading firearms on the Apostle Islands.
AB1129,4,1212
(b) This subsection does not apply after March 31, 2008.
AB1129,4,18
13(5) In addition to any other open seasons established by the department for the
14hunting of deer with muzzle-loading firearms, the department shall establish an
15annual open season for the hunting of antlerless deer only with muzzle-loading
16firearms. The season shall be for 4 days beginning on Thursday and ending on
17Sunday and shall include the 2nd full weekend in October. This subsection does not
18apply after March 31, 2008.
AB1129,5,2
19(6) In addition to any other open seasons established by the department for the
20hunting of deer with muzzle-loading firearms, the department shall establish an
21annual open season for the hunting of deer only with muzzle-loading firearms. This
22open season shall begin on the Monday immediately following Thanksgiving Day
23and shall continue for 10 consecutive days. The department may only exclude from
24this season lands that the department designates by rule within state parks,
1metropolitan deer management areas, and chronic wasting disease control or
2eradication zones. This subsection does not apply after March 31, 2008.
AB1129, s. 3
3Section
3. 29.054 of the statutes is created to read:
AB1129,5,7
429.054 Regular deer hunting season.
(1) In this section, "regular deer
5hunting season" means an open season for the hunting of deer established by the
6department that begins on the Saturday immediately preceding Thanksgiving Day
7and that continues for 9 consecutive days.
AB1129,5,13
8(2) Notwithstanding ss. 29.171 (2), 29.173 (2) (a), 29.175 (2), 29.211 (2), 29.212
9(2), and 29.216 (2), a resident deer hunting license and a nonresident deer hunting
10license authorize the hunting of deer with firearms, including muzzle-loading
11firearms, and with bows and arrows, including crossbows used by any persons
12authorized to hunt with a crossbow under s. 29.171, during the regular deer hunting
13season.
AB1129,5,18
14(3) Notwithstanding ss. 29.171 (2), 29.173 (2) (a), 29.175 (2), 29.211 (2), 29.212
15(2), and 29.216 (2), a person may not hunt deer under the authority of a resident deer
16muzzle-loading license, a nonresident deer muzzle-loading license, a resident
17archer hunting license, or a nonresident archer hunting license during the regular
18deer hunting season.
AB1129,5,19
19(4) This section does not apply after March 31, 2008.
AB1129, s. 4
20Section
4. 29.171 (3) of the statutes is amended to read:
AB1129,5,2221
29.171
(3) The department shall issue to each person who is issued a resident
22archer hunting license a deer
carcass tag and a back tag.
AB1129, s. 5
23Section
5. 29.171 (3m) of the statutes is created to read:
AB1129,6,924
29.171
(3m) Beginning on the effective date of this subsection .... [revisor
25inserts date], and ending on March 31, 2008, the department shall issue to each
1person who is issued a resident archer hunting license a back tag, one deer carcass
2tag that authorizes the taking of a buck deer, and 3 additional deer carcass tags that
3authorize the taking of 3 antlerless deer. The person issued the tags may use 2 of the
4additional tags only in deer management areas that are established by the
5department for the purpose of allowing the taking of additional or special types of
6deer in order to control the deer population in the state, except that these 2 additional
7tags may not be used in a deer management area that is designated by the
8department for which a resident would otherwise have to pay a fee under s. 29.563
9(2) (c) 1.
AB1129, s. 6
10Section
6. 29.173 (2) (a) of the statutes is amended to read:
AB1129,6,1511
29.173
(2) (a) A resident deer hunting license authorizes the hunting of deer
12with firearms only.
Beginning on the effective date of this paragraph .... [revisor
13inserts date], and ending on March 31, 2008, a resident deer hunting license
14authorizes the hunting of deer only with firearms that are not muzzle-loading
15firearms.
AB1129, s. 7
16Section
7. 29.173 (3) of the statutes is amended to read:
AB1129,6,1917
29.173
(3) Deer tag carcass tags and back tag tags. The department shall
18issue to each person who is issued a resident deer hunting license a deer
carcass tag
19and a back tag.
AB1129, s. 8
20Section
8. 29.173 (4) of the statutes is created to read:
AB1129,7,621
29.173
(4) Additional carcass tags. Notwithstanding sub. (3), beginning on
22the effective date of this subsection .... [revisor inserts date], and ending on March
2331, 2008, the department shall issue to each person who is issued a resident deer
24hunting license a back tag, one deer carcass tag that authorizes the taking of a buck
25deer, and 2 deer carcass tags that authorize the taking of 2 antlerless deer. The
1person issued the tags may use the additional 2 tags only in deer management areas
2that are established by the department for the purpose of allowing the taking of
3additional or special types of deer in order to control the deer population in the state,
4except that these 2 additional tags may not be used in a deer management area that
5is designated by the department for which a resident would otherwise have to pay
6a fee under s. 29.563 (2) (c) 1.
AB1129, s. 9
7Section
9. 29.175 of the statutes is created to read:
AB1129,7,10
829.175 Resident deer muzzle-loading license. (1) Issuance. A resident
9deer muzzle-loading license shall be issued subject to s. 29.024 to any person
10applying for this license.
AB1129,7,13
11(2) Authorization. A resident deer muzzle-loading license authorizes the
12hunting of deer with muzzle-loading firearms only during any open season for the
13hunting of deer with such firearms.
AB1129,7,23
14(3) Deer carcass tags and back tags. The department shall issue to each
15person who is issued a resident deer muzzle-loading license a back tag, one deer
16carcass tag that authorizes the taking of a buck deer, and 2 deer carcass tags that
17authorize the taking of 2 antlerless deer. The person issued the tags may use the
18additional 2 tags only in deer management areas that are established by the
19department for the purpose of allowing the taking of additional or special types of
20deer in order to control the deer population in the state, except that these 2 additional
21tags may not be used in a deer management area that is designated by the
22department for which a resident would otherwise have to pay a fee under s. 29.563
23(2) (c) 1.
AB1129,7,24
24(4) Applicability. This section does not apply after March 31, 2008.
AB1129, s. 10
25Section
10. 29.192 (6) of the statutes is created to read:
AB1129,8,6
129.192
(6) During a given season authorizing the hunting of deer in which the
2taking of more than one deer is authorized, the department may not require that a
3person take and tag an antlerless deer as a prerequisite to taking and tagging a buck
4deer. This limitation does not apply to the hunting of deer in an area designated by
5the department as a chronic wasting disease eradication zone. This subsection does
6not apply after March 31, 2008.
AB1129, s. 11
7Section
11. 29.211 (2) of the statutes is amended to read:
AB1129,8,128
29.211
(2) Authorization. A nonresident deer hunting license authorizes the
9hunting of deer with firearms only.
Beginning on the effective date of this paragraph
10.... [revisor inserts date], and ending on March 31, 2008, a nonresident deer hunting
11license authorizes the hunting of deer only with firearms that are not
12muzzle-loading firearms.
AB1129, s. 12
13Section
12. 29.211 (3) of the statutes is amended to read:
AB1129,8,1614
29.211
(3) Deer tag carcass tags and back tag tags. The department shall
15issue to each person who is issued a nonresident deer hunting license a deer
carcass 16tag and a back tag.
AB1129, s. 13
17Section
13. 29.211 (4) of the statutes is created to read:
AB1129,9,318
29.211
(4) Additional carcass tags. Notwithstanding sub. (3), beginning on
19the effective date of this subsection .... [revisor inserts date], and ending on March
2031, 2008, the department shall issue to each person who is issued a nonresident deer
21hunting license a back tag, one deer carcass tag that authorizes the taking of a buck
22deer, and 2 deer carcass tags that authorize the taking of 2 antlerless deer. The
23person issued the tags may use the additional 2 tags only in deer management areas
24that are established by the department for the purpose of allowing the taking of
25additional or special types of deer in order to control the deer population in the state,
1except that these 2 additional tags may not be used in a deer management area that
2is designated by the department for which a resident would otherwise have to pay
3a fee under s. 29.563 (2) (d).
AB1129, s. 14
4Section
14. 29.212 of the statutes is created to read:
AB1129,9,8
529.212 Nonresident deer muzzle-loading license. (1) Issuance. A
6nonresident deer muzzle-loading license shall be issued subject to s. 29.024 by the
7department to any nonresident applying for this license during any open season for
8the hunting of deer with such firearms.
AB1129,9,11
9(2) Authorization. A nonresident deer muzzle-loading license authorizes the
10hunting of deer with muzzle-loading firearms only during any open season for the
11hunting of deer with such firearms.
AB1129,9,21
12(3) Deer carcass tags and back tags. The department shall issue to each
13person who is issued a nonresident deer muzzle-loading license a back tag, one deer
14carcass tag that authorizes the taking of a buck deer, and 2 deer carcass tags that
15authorize the taking of 2 antlerless deer. The person issued the tags may use the
16additional 2 tags only in deer management areas that are established by the
17department for the purpose of allowing the taking of additional or special types of
18deer in order to control the deer population in the state, except that these 2 additional
19tags may not be used in a deer management area that is designated by the
20department for which a resident would otherwise have to pay a fee under s. 29.563
21(2) (d).
AB1129,9,22
22(4) Applicability. This section does not apply after March 31, 2008.
AB1129, s. 15
23Section
15. 29.216 (3) of the statutes is amended to read:
AB1129,10,3
129.216
(3) Deer tag carcass tags and back tag tags. The department shall
2issue to each person who is issued a nonresident archer hunting license a deer
3carcass tag and a back tag.
AB1129, s. 16
4Section
16. 29.216 (4) of the statutes is created to read:
AB1129,10,155
29.216
(4) Additional carcass tags. Notwithstanding sub. (3), beginning on
6the effective date of this subsection .... [revisor inserts date], and ending on March
731, 2008, the department shall issue to each person who is issued a nonresident
8archer hunting license a back tag, one deer carcass tag that authorizes the taking of
9a buck deer, and 3 additional deer carcass tags that authorize the taking of 3
10antlerless deer. The person issued the tags may use the additional 2 tags only in deer
11management areas that are established by the department for the purpose of
12allowing the taking of additional or special types of deer in order to control the deer
13population in the state, except that these 2 additional tags may not be used in a deer
14management area that is designated by the department for which a resident would
15otherwise have to pay a fee under s. 29.563 (2) (d).
AB1129, s. 17
16Section
17. 29.231 (4) of the statutes is amended to read:
AB1129,10,1817
29.231
(4) The department shall issue to each person who is issued a sports
18license a deer
carcass tag and back tag.
AB1129, s. 18
19Section
18. 29.235 (4) of the statutes is amended to read:
AB1129,10,2120
29.235
(4) Deer carcass tag and back tag. The department shall issue to each
21person who is issued a conservation patron license a deer
carcass tag and back tag.
AB1129, s. 19
22Section
19. 29.325 of the statutes is created to read: