(1) The department may not do any of the following: (a) Require a person who holds a license that authorizes the hunting of deer to take an antlerless deer before the person may take the person’s first antlered deer under that license. (b) Except as provided in subs. (2) and (3), establish a fall open season for hunting deer with firearms and airguns that begins before the Saturday immediately preceding the 4th Thursday in November. (2) Subsection (1) (b) does not prohibit the department from promulgating a rule that establishes a fall open season for hunting deer with firearms and airguns that begins before the Saturday immediately preceding the 4th Thursday in November if any of the following applies: (a) The department limits the open season to hunting deer by any of the following persons: 1. Persons who are under 16 years of age. 2. Persons who hold a Class A, Class B, or Class C permit under s. 29.193 (2). 3. Persons who are learning to hunt. (b) The department establishes the fall open season because a fall open season is necessary to control the spread of chronic wasting disease or other disease in deer and if all of the following apply: 1. The rule authorizes the hunting of only antlerless deer. 2. The rule provides for a closing date for the fall open season that is on or before October 15. 3. The rule provides that the rule does not apply beginning 270 days after the effective date of the rule. (3) The department may establish a fall open season for hunting deer within the Apostle Islands National Lakeshore that begins before the Saturday immediately preceding the 4th Thursday in November if the season is open for hunting deer only with muzzle-loading firearms.
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