29.014 Rule-making for this chapter.
(1) The department shall establish and maintain open and closed seasons for fish and game and any bag limits, size limits, rest days and conditions governing the taking of fish and game that will conserve the fish and game supply and ensure the citizens of this state continued opportunities for good fishing, hunting and trapping.
(1m)
(a) If the department establishes an open season for hunting deer, elk, small game, wild turkey, or bear with a firearm, excluding any season established under s. 29.016 (3), the season shall also be open for hunting that animal with a crossbow and a bow and arrow.
(b) If the department establishes an open season for hunting deer, elk, small game, wild turkey, or bear with a bow and arrow but not with a firearm, the department shall also establish an open season for hunting the respective game with a crossbow.
(1s) If the department establishes an open season for hunting or trapping any of the following animals, the department shall end the open season for each on the Sunday nearest January 6:
(a) Pheasant.
(b) Gray partridge.
(c) Fisher.
(d) Wild turkey, if the open season begins in the fall.
(e) Deer, if the season is open only to archers.
(1t)
(a) Notwithstanding sub. (1s), if the department determines, based on harvest registration data for an animal in a specific area of the state, that hunters or trappers are likely to take more than the quota set for that animal for the open season in that area, the department may close the season for that animal in that area.
(b) Notwithstanding sub. (1s), the department may change the end date for an open season for the hunting or trapping of any animal listed in sub. (1s) (a) to (e) in specific areas of the state if the department determines it is necessary to promote the growth or control the population of that animal in that area.
(2)
(b) All of the rules promulgated under this chapter are prima facie reasonable and lawful until found to be otherwise in a final determination by a court.
(c) Any reference to this chapter includes any rules promulgated under this chapter and any reference to any provision of this chapter includes any rules promulgated under that provision.
(3) Any rule of the department is subject to review in the manner provided in ch. 227, except that if the rule affects only the county in which the appellant resides, the appeal shall be to the circuit court of that county.
(4) No person may challenge the validity of a rule promulgated under this chapter in any prosecution of that person for a violation of this chapter or rules promulgated under this chapter unless the person has previously brought a separate action under s. 227.40 seeking a declaratory judgment on the validity of the rule.
History: 1997 a. 248 ss. 77 to 79, 383, 397, 399; 2011 a. 252; 2013 a. 61; 2017 a. 63, 298.
The Department of Natural Resources has express authority under sub. (1) to adopt a rule allowing an open hunting season for mourning doves. The legislature has granted broad authority to the department to set open and closed seasons for game under sub. (1). Mourning doves fall within the definition of game applicable to this section, although the doves also fall within the definition of nongame species applicable to s. 29.039. Wisconsin Citizens Concerned for Cranes & Doves v. DNR, 2004 WI 40, 270 Wis. 2d 318, 677 N.W.2d 612, 02-1166.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 29 - Wild animals and plants.
29.011 - Title to wild animals.
29.014 - Rule-making for this chapter.
29.016 - Department authority; deer hunting seasons and license restrictions.
29.020 - Deer management assistance program.
29.024 - Approvals; forms; issuing agents.
29.03 - Wildlife violator compact.
29.035 - Report of department.
29.036 - Sporting heritage council.
29.037 - Fish and wildlife restoration.
29.038 - Local regulation of wild animals.
29.040 - Deer management report rules.
29.041 - Department to regulate hunting and fishing in interstate waters.
29.042 - Agreements to retire licenses.
29.045 - Interstate license privileges.
29.047 - Interstate transportation of game.
29.053 - Specific open and closed seasons.
29.055 - Wild animals; possession in closed season or in excess of bag limit.
29.057 - Wild animals; possession in open season.
29.063 - Management of chronic wasting disease.
29.071 - Wildlife on Indian reservations protected.
29.075 - Hunting, trapping and fishing by American Indians.
29.079 - Deer hunting by practitioners of Ho-Chunk religion.
29.083 - Interference with hunting, fishing or trapping.
29.084 - Incentives for recruitment.
29.088 - Use of poison and explosives; pole traps.
29.089 - Hunting, fishing, and trapping on land in state parks and state fish hatcheries.
29.091 - Hunting or trapping in wildlife refuge.
29.095 - Hunting on land in a school forest.
29.161 - Resident small game hunting license.
29.164 - Wild turkey hunting approvals.
29.171 - Resident archer hunting license.
29.172 - Resident crossbow hunting license.
29.173 - Resident deer hunting license.
29.177 - Special deer hunting permits.
29.179 - Transfer of approvals to minors and disabled persons.
29.180 - Transfers of approvals upon death.
29.181 - Bonus deer hunting permits.
29.182 - Elk hunting licenses.
29.183 - Deferral of certain approvals.
29.185 - Wolf harvesting licenses.
29.192 - Regulation of takings of certain wild animals.
29.193 - Approvals for disabled persons.
29.194 - Resident approvals for certain nonresidents and members of the armed forces.
29.1945 - Approvals for veterans and military members.
29.195 - Disabled veterans, Great Lakes Naval Hospital.
29.197 - Waivers of certain approvals.
29.199 - Authorizations for certain patients and institutionalized persons to fish.
29.201 - Waiver of fishing license requirement for groups of disabled persons.
29.204 - Nonresident annual small game hunting license.
29.207 - Nonresident 5-day small game hunting license.
29.211 - Nonresident deer hunting license.
29.213 - Nonresident fur-bearing animal hunting license.
29.216 - Nonresident archer hunting license.
29.217 - Nonresident crossbow hunting license.
29.219 - Resident fishing licenses.
29.228 - Nonresident fishing licenses.
29.2285 - Fishing stamps and tags.
29.229 - Fishing approvals issued by the Lac du Flambeau band.
29.2295 - Department approvals issued on the Lac du Flambeau reservation.
29.2297 - Federal approvals for hunting, trapping, and fishing.
29.235 - Conservation patron license.
29.236 - Annual disabled veteran recreation card.
29.237 - Sturgeon spearing license.
29.301 - General restrictions on hunting.
29.304 - Restrictions on hunting and use of firearms by persons under 16 years of age.
29.307 - Hunting with aid of aircraft prohibited.
29.311 - Shotshell restrictions.
29.312 - Rules regulating the sighting of a firearm.
29.317 - Taking homing pigeons.
29.322 - Taking certain wounded animals.
29.327 - Regulation of waterfowl blinds.
29.334 - Hunting and trapping; treatment of wild animals.
29.335 - Feeding wild animals for nonhunting purposes.
29.337 - Hunting and trapping by landowners and occupants.
29.341 - Duties on accidental shooting.
29.345 - Hunting, fishing or trapping accident; failure to report.
29.346 - Registration information.
29.347 - Possession of deer and elk; heads and skins.
29.349 - Animals killed by motor vehicles.
29.351 - Skins of fur-bearing animals.
29.354 - Possession of game birds and animals.
29.357 - Transportation; general provisions.
29.361 - Transportation of deer or elk.
29.364 - Transportation of game birds.
29.401 - Possession of fishing equipment.
29.404 - Fishing shanties on ice, regulation.
29.405 - Fishing with bow and arrow or crossbow.
29.407 - Transportation of fish.
29.411 - Cooperation during a fish census.
29.414 - Erection of barriers to exclude rough fish.
29.417 - Permit to take rough fish.
29.421 - Removal of rough fish.
29.424 - Control of detrimental fish.
29.501 - Fur dealers regulated.
29.503 - Wholesale fish dealer license.
29.514 - Outlying water sport trolling licenses.
29.516 - Fishing with nets and setlines.
29.519 - Commercial fishing in outlying waters.
29.522 - Description of nets; use of.
29.523 - Net licenses, Mississippi and St. Croix rivers.
29.526 - Slat net fishing in the Mississippi River.
29.529 - Trammel net fishing in the Mississippi River.
29.531 - Set or bank pole licenses.
29.533 - Setline licenses; inland waters.
29.535 - Shovelnose sturgeon permit.
29.537 - Clams, clamming and commercial clamming.
29.539 - Sale of wild animals.
29.541 - Serving of game to guests.
29.564 - Voluntary contributions; invasive species grants.
29.565 - Voluntary contributions; venison and wild turkey processing and donation program.
29.566 - Collection, retention, and deposit of fees.
29.567 - Voluntary contributions; elk research.
29.591 - Hunter education program and bow hunter education program.
29.592 - Hunting mentorship program.
29.593 - Requirement for certificate of accomplishment to obtain hunting approval.
29.595 - Elk hunter education program.
29.597 - Trapper education program.
29.598 - Outdoors skills training.
29.604 - Endangered and threatened species protected.
29.614 - Scientific collector permit.
29.617 - Public hunting and fishing grounds.
29.624 - Senior citizen recreation card.
29.627 - Domestic fur-bearing animal farms.
29.630 - Raffling lake sturgeon from state fish hatcheries.
29.701 - Propagation of fish; protected wild animals.
29.705 - Propagation of fish; removal of fish.
29.707 - Propagation of fish; department rules.
29.709 - State fish hatcheries.
29.713 - Trespass to state fish hatchery.
29.717 - Trespass on riparian land.
29.733 - Natural waters used in fish farms.
29.734 - Barriers required for fish farms.
29.737 - Permit for private management.
29.738 - Private fishing preserves.
29.739 - Grants for walleye production.
29.740 - Contracts for walleye production.
29.741 - Food in the wild for game birds.
29.749 - Horicon marsh fur farm and dam.
29.753 - Importation of wild elk.
29.875 - Disposal of escaped deer or elk.
29.885 - Removal of wild animals.
29.886 - Management of double-crested cormorants.
29.887 - Wildlife control in urban communities.
29.888 - Wolf depredation program; wolf damage claims.
29.889 - Wildlife damage abatement program; wildlife damage claim program.
29.89 - Venison and wild turkey processing and donation program.
29.921 - Warrants; arrests; police powers.
29.924 - Investigations; searches.
29.934 - Sale of confiscated game and objects.
29.936 - Distribution of fish and game to food distribution services.
29.938 - Use by the department of unclaimed, seized, or confiscated property.
29.941 - Assistance of law enforcement officers.
29.944 - Exemption from liability.
29.947 - Law enforcement aid program; spearfishing.
29.954 - False impersonation of warden.
29.957 - Breaking seals of department.
29.961 - Incorrect information.
29.962 - Worthless checks for approvals.
29.964 - Falsification or illegal possession of approvals.
29.967 - Prohibitions during periods of suspension or revocation.
29.969 - Larceny of wild animals.
29.971 - General penalty provisions.
29.972 - Revocation; failure to comply.
29.973 - Commercial fish reporting system.
29.974 - Penalties; repeaters.
29.977 - Civil actions for damages caused by law violations.
29.981 - Parties to a violation.
29.983 - Wild animal protection surcharges.
29.984 - Commercial fish protection surcharge.
29.985 - Fishing shelter removal surcharge.
29.987 - Natural resources surcharge.
29.989 - Natural resources restitution surcharge.
29.99 - Wildlife violator compact surcharge.