2011 - 2012 LEGISLATURE
April 22, 2011 - Introduced by Representatives Tiffany, Mursau, Bernier, Endsley,
Jacque, Kerkman, Kestell, Kleefisch, Krug, T. Larson, Litjens, Nygren, J.
Ott, Petryk, Pridemore, Rivard, Severson, Spanbauer
and Steineke,
cosponsored by Senators Moulton, Kedzie, Cowles, S. Fitzgerald, Galloway,
Harsdorf
and Lasee. Referred to Committee on Natural Resources.
AB99,1,4 1An Act to create 29.016 of the statutes; relating to: prohibiting the Department
2of Natural Resources from establishing certain restrictions on hunting antlered
3deer and regulating the establishment of fall open seasons for hunting deer
4with firearms.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Natural Resources (DNR) is required to
establish open and closed seasons for fish and game and to establish conditions that
conserve the fish and game supply and that ensure opportunities for good fishing,
hunting, and trapping. Current law authorizes DNR to exercise this authority for
the entire state, for any specified county, or for any lake or stream.
This bill prohibits DNR from requiring a person who holds a deer hunting
license to kill an antlerless deer before killing the person's first antlered deer under
that license. It also places restrictions on DNR's authority to establish open seasons
for hunting deer with firearms (deer firearm season). The bill generally prohibits
DNR from establishing a fall deer firearm season that begins before the Saturday
immediately preceding the fourth Thursday in November (early season). Under the
bill, the prohibition does not apply if DNR promulgates a rule that limits hunting
during the early season to certain groups of people, including persons who are under
16 years of age or persons who are learning to hunt. The prohibition also does not
apply if DNR establishes the early season because the early season is necessary to
control the spread of chronic wasting disease or other disease in deer, the early
season is limited to hunting only antlerless deer, the closing date for the early season

is on or before October 15, and the rule authorizing the early season expires 270 days
after the effective date of the rule.
For further information see the state 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:
AB99, s. 1 1Section 1. 29.016 of the statutes is created to read:
AB99,2,3 229.016 Department authority; deer hunting seasons and license
3restrictions.
(1) The department may not do any of the following:
AB99,2,64 (a) Require a person who holds a license that authorizes the hunting of deer to
5take an antlerless deer before the person may take the person's first antlered deer
6under that license.
AB99,2,97 (b) Except as provided in sub. (2), establish a fall open season for hunting deer
8with firearms that begins before the Saturday immediately preceding the 4th
9Thursday in November.
AB99,2,13 10(2) Subsection (1) (b) does not prohibit the department from promulgating a
11rule that establishes a fall open season for hunting deer with firearms that begins
12before the Saturday immediately preceding the 4th Thursday in November if any of
13the following applies:
AB99,2,1514 (a) The department limits the open season to hunting deer by any of the
15following persons:
AB99,2,1616 1. Persons who are under 16 years of age.
AB99,2,1717 2. Persons who hold a Class A, Class B, or Class C permit under s. 29.193 (2).
AB99,2,1818 3. Persons who are learning to hunt.
AB99,3,3
1(b) The department establishes the fall open season because a fall open season
2is necessary to control the spread of chronic wasting disease or other disease in deer
3and if all of the following apply:
AB99,3,44 1. The rule authorizes the hunting of only antlerless deer.
AB99,3,65 2. The rule provides for a closing date for the fall open season that is on or before
6October 15.
AB99,3,87 3. The rule provides that the rule does not apply beginning 270 days after the
8effective date of the rule.
AB99,3,99 (End)
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