MADISON, Wis. (AP) — A state appellate judge has ruled baiting deer is permissible as long as the bait isn't intended for hunting.

The case involves John Walker, who was cited in 2015 for placing corn and pumpkins near his deer stands on his Washburn County property. Department of Natural Resources rules prohibit placing, using or hunting over bait or feed material for the purpose of hunting or training dogs and baiting and feeding deer in CWD-affected areas like Washburn County.

A circuit judge tossed the citation, finding there wasn't any evidence Walker intended to hunt over the food. Prosecutors said Walker was prohibited from even placing the bait on the ground.

3rd District Appeals Court Judge Thomas Hruz ruled Tuesday that people can place bait as long as it's not used for hunting.