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 and Doves v. Department of Natural Resources, 2004 WI 40, 270 Wis. 2d 318, 677 N.W.2d 612, 02-1166.