Amendment ASA1-AB633

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2005 - 2006 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2005 ASSEMBLY BILL 633

November 4, 2005 - Offered by Representative Musser.

AB633-ASA1,1,6 An Act to renumber and amend 29.173 (2) (b); to amend 29.193 (2) (cr) 1., 29.194 (1) and 29.361 (2m); and to create 29.173 (2) (b) 1., 29.175, 29.563 (2) (a) 5k., 29.563 (2) (b) 3g. and 29.563 (12) (a) 1m. of the statutes; relating to: the establishment of a season for the hunting of deer while using a muzzle-loading firearm, the issuance of licenses authorizing hunting with muzzle-loading firearms, and granting-rule making authority.

Analysis by the Legislative Reference Bureau

Under current law, the Department of Natural Resources (DNR) may issue special deer hunting permits and bonus deer hunting permits that allow the taking of additional deer of a sex or type not generally authorized under a deer hunting license. To issue these permits, DNR must find that the size or characteristics of the deer population require additional or special types of deer to be taken for proper game management.

This substitute amendment authorizes DNR to establish a special muzzle-loading deer hunting season for the hunting of antlerless deer if the same criteria for managing the deer population are present. For this special season, DNR must issue resident and nonresident muzzle-loading deer hunting licenses. The fees for these licenses are the same as those for regular resident and nonresident deer hunting licenses. The substitute amendment requires that any special muzzle-loading deer hunting last nine days, with the last day occurring before November 1. DNR also must specify by rule the deer management areas for which these licenses are valid. If the hunter does not kill a deer during the special muzzle-loading season, the hunter may use the tag issued for the special season in the immediately following deer hunting season.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB633-ASA1, s. 1 Section 1. 29.173 (2) (b) of the statutes is renumbered 29.173 (2) (b) 2. and amended to read:

AB633-ASA1,2,12 29.173 (2) (b) 2. A qualified resident service member holding a current resident deer hunting license may hunt deer of either sex with a the appropriate firearm during any season open to hunting of deer with firearms that is established by the department. In this paragraph, "qualified service member" means a member of the armed forces who exhibits proof that he or she is a resident, is in active service with the armed forces outside this state and is on furlough or leave. If the department establishes a muzzle-loading deer hunting season under s. 29.175 (1), a qualified resident service member holding a current resident deer hunting license may use the license in lieu of a muzzle-loading deer hunting license to hunt antlerless deer with a muzzle-loading firearm during the season.

AB633-ASA1, s. 2 Section 2. 29.173 (2) (b) 1. of the statutes is created to read:

AB633-ASA1,2,16 29.173 (2) (b) 1. In this paragraph, "qualified resident service member" means a member of the armed forces who exhibits proof that he or she is a resident, is in active service with the armed forces outside this state, and is on furlough or leave.

AB633-ASA1, s. 3 Section 3. 29.175 of the statutes is created to read:

AB633-ASA1,3,7 29.175 Muzzle-loading deer hunting license. (1) If the department finds that the size or characteristics of the deer population of this state require additional deer be taken for game management, the department may establish a special muzzle-loading deer hunting season for the hunting of antlerless deer and issue muzzle-loading deer hunting licenses. The last day of the muzzle-loading deer hunting season established under this subsection shall start on a Saturday, shall last for 9 days, with the last day occurring before the November 1 of the year in which it is established. The department shall specify by rule the deer management areas for which these licenses are valid.

AB633-ASA1,3,10 (2) If the department establishes a muzzle-loading deer hunting season under sub. (1), a muzzle-loading deer hunting license shall be issued, subject to s. 29.024, by the department to any person applying for this license.

AB633-ASA1,3,12 (3) A muzzle-loading deer hunting license authorizes the hunting of antlerless deer with muzzle-loading firearms only during a season established under sub. (1).

AB633-ASA1,3,21 (4) The department shall issue to each person who is issued a muzzle-loading deer hunting license a deer tag and a back tag. If the person does not kill a deer during the season established under sub. (1), the person may use the deer tag in connection with a current resident or nonresident deer hunting license during a hunting season open for hunting deer with muzzle-loading firearms that immediately follows the season for which the muzzle-loading deer hunting license was issued. The use of a tag under this subsection authorizes the killing of one antlerless deer in addition to the deer authorized to be killed under the authority of the resident or nonresident deer hunting license.

AB633-ASA1, s. 4 Section 4. 29.193 (2) (cr) 1. of the statutes is amended to read:

AB633-ASA1,4,5 29.193 (2) (cr) 1. A person holding a current resident or nonresident deer hunting license and a Class A or Class C permit may hunt deer of either sex with a the appropriate firearm during any season open to hunting of deer with firearms that is established by the department. If the department establishes a muzzle-loading deer hunting season under s. 29.175 (1), a person holding a current resident or nonresident deer hunting license and a Class A or Class C permit may use these approvals in lieu of a muzzle-loading deer hunting license to antlerless deer with a muzzle-loading firearm during the season.

AB633-ASA1, s. 5 Section 5. 29.194 (1) of the statutes is amended to read:

AB633-ASA1,4,19 29.194 (1) Certain resident licenses may be issued to students and members of the armed forces. Notwithstanding ss. 29.024 (2) and 29.228 (1) (a), the department shall issue a resident fishing license, resident small game hunting license or, resident deer hunting license, or resident muzzle-loading deer hunting license to a qualified student or qualified member of the armed forces applying for the license. A qualified student is a person who exhibits proof that he or she is a registered full-time undergraduate student in residence at a public or private college or university located in this state and offering a bachelor's degree or that he or she is a citizen of a foreign country temporarily residing in this state while attending a high school located in this state or an agricultural short course at the University of Wisconsin System. A qualified member of the armed forces is a person who exhibits proof that he or she is in active service with the U.S. armed forces and that he or she is stationed in this state.

AB633-ASA1, s. 6 Section 6. 29.361 (2m) of the statutes is amended to read:

AB633-ASA1,4,24 29.361 (2m) Any person may transport an antlerless deer killed under the authority of his or her hunter's choice, bonus, or other deer hunting permit or license on any highway, as defined s. 340.01 (22), in order to register the deer in the deer management area where the deer was killed or in an adjoining management area.

AB633-ASA1, s. 7 Section 7. 29.563 (2) (a) 5k. of the statutes is created to read:

AB633-ASA1,5,1 29.563 (2) (a) 5k. Muzzle-loading deer: the same fee as specified in subd. 5.

AB633-ASA1, s. 8 Section 8. 29.563 (2) (b) 3g. of the statutes is created to read:

AB633-ASA1,5,3 29.563 (2) (b) 3g. Muzzle-loading deer: the same fee as specified in subd. 3.

AB633-ASA1, s. 9 Section 9. 29.563 (12) (a) 1m. of the statutes is created to read:

AB633-ASA1,5,5 29.563 (12) (a) 1m. Muzzle-loading deer: the same fee as specified in subd. 1.

AB633-ASA1,5,6 (End)