This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
OCI based this rule on the model law and regulations that were adopted by the NAIC and that have been enacted or are in the process of being enacted by all 51 jurisdictions in the United States and Puerto Rico.
Any analysis and supporting documentation that OCI used in support of OCI's determination of the rule's effect on small businesses under s. 227.114
See the attached Private Sector Fiscal Analysis.
Description of the Effect on Small Business
This rule will have little or no effect on small businesses. The enterprise risk report filing must only be made by companies who register as a holding company. The vast majority of companies who have a holding company system would not qualify as a small business. Small insurers, such as town mutual insurers, who also have a captive insurance agency do register as holding companies and would have to file the enterprise risk report. However, because the substance of the enterprise risk reports scales with the complexity of the organization, the effect on small insurers should be minimal and will not require additional resources to comply.
Agency Contact Person
A copy of the full text of the proposed rule changes, analysis and fiscal estimate may be obtained from the Web site at: http://oci.wi.gov/ocirules.htm or by contacting Inger Williams, OCI Services Section, at:
Phone:   (608) 264-8110
Address:   125 South Webster St — 2nd Floor,
  Madison WI 53703-3474
Mail:   PO Box 7873, Madison, WI 53707-7873
Summary of Proposed Rule and Fiscal Estimate
For a summary of the rule see the analysis contained in the attached proposed rulemaking order. There will be no state or local government fiscal effect. The full text of the proposed changes, a summary of the changes and the fiscal estimate are attached to this Notice of Hearing.
Initial Regulatory Flexibility Analysis
Notice is hereby further given that pursuant to s. 227.114, Stats., the proposed rule may have an effect on small businesses. The initial regulatory flexibility analysis is as follows:
a.   Types of small businesses affected:
  Town Mutual Insurers and other small insurers.
b.   Description of reporting and bookkeeping procedures required:
The proposed rule adds a new annual enterprise risk report filing for insurers that must register as a holding company.
c.   Description of professional skills required:
  None beyond those currently required.
OCI Small Business Regulatory Coordinator
The OCI small business coordinator is Louis Cornelius and may be reached at phone number (608) 264-8113 or at email address louie.cornelius@wisconsin.gov.
Contact Person
A copy of the full text of the proposed rule changes, analysis and fiscal estimate may be obtained from the OCI internet Web site at http://oci.wi.gov/ocirules.htm or by contacting Inger Williams, Public Information and Communications, OCI, at: inger.williams@wisconsin.gov, (608) 264-8110, 125 South Webster Street — 2nd Floor, Madison WI or PO Box 7873, Madison WI 53707-78.
STATE OF WISCONSIN
DEPARTMENT OF ADMINISTRATION
DOA-2049 (C04/2011)
  Division of Executive Budget and Finance
101 East Wilson Street, 10th Floor
P.O. Box 7864
Madison, WI 53707-7864
FAX: (608) 267-0372
ADMINISTRATIVE RULES – FISCAL ESTIMATE
1. Fiscal Estimate Version
X Original Updated Corrected
2. Administrative Rule Chapter Title and Number
INS 40
3. Subject
holding company reporting requirements for insurers
4. State Fiscal Effect:
X No Fiscal Effect
Indeterminate
Increase Existing Revenues
Decrease Existing Revenues
Increase Costs
Yes No May be possible to absorb
    within agency's budget.
Decrease Costs
5. Fund Sources Affected:
GPR   FED   PRO   PRS   SEG   SEG-S
6.   Affected Ch. 20, Stats. Appropriations:
7. Local Government Fiscal Effect:
X No Fiscal Effect
Indeterminate
Increase Revenues
Decrease Revenues
Increase Costs
Decrease Costs
8.   Local Government Units Affected:
Towns   Villages   Cities   Counties   School Districts   WTCS Districts   Others:
9.   Private Sector Fiscal Effect (small businesses only):
No Fiscal Effect
Indeterminate
Increase Revenues
Decrease Revenues
Yes X No   May have significant
    economic impact on a
    substantial number of
    small businesses
Increase Costs
Yes X No   May have significant
    economic impact on a
    substantial number of
    small businesses
Decrease Costs
10.   Types of Small Businesses Affected:
See Fiscal Estimate & Economic Impact Analysis
11.   Fiscal Analysis Summary
See Fiscal Estimate & Economic Impact Analysis
12.   Long-Range Fiscal Implications
None
13.   Name - Prepared by
Richard B. Wicka
Telephone Number
(608) 261-6018
Date
12/5/2014
14.   Name – Analyst Reviewer
Telephone Number
Date
Signature—Secretary or Designee
Telephone Number
Date
STATE OF WISCONSIN
DEPARTMENT OF ADMINISTRATION
DOA-2049 (R03/2012)
Division of Executive Budget and Finance
101 East Wilson Street, 10th Floor
P.O. Box 7864
Madison, WI 53707-7864
FAX: (608) 267-0372
ADMINISTRATIVE RULES
Fiscal Estimate & Economic Impact Analysis
1. Type of Estimate and Analysis
X Original   Updated   Corrected
2. Administrative Rule Chapter, Title and Number
Ins 16.01 and ch. 40
3. Subject
Holding Company Reporting for Insurers
4. Fund Sources Affected
5. Chapter 20, Stats. Appropriations Affected
GPR   FED   PRO   PRS   SEG   SEG-S
None
6. Fiscal Effect of Implementing the Rule
X No Fiscal Effect
Indeterminate
Increase Existing Revenues
Decrease Existing Revenues
Increase Costs
Could Absorb Within Agency's Budget
Decrease Cost
7. The Rule Will Impact the Following (Check All That Apply)
State's Economy
Local Government Units
X Specific Businesses/Sectors
Public Utility Rate Payers
X Small Businesses (if checked, complete Attachment A)
8. Would Implementation and Compliance Costs Be Greater Than $20 million?
Yes   X No
9. Policy Problem Addressed by the Rule
This rule will adopt two new reporting requirements related to insurance holding company systems. First, the proposed rule will create a new enterprise risk report that will be filed for insurers that register as a holding company. This confidential report will identify risks within the holding company system that may have an effect on the solvency of the insurer. Currently there is no reporting with OCI that directly addresses the risk related entities could have on an effect on insurer's solvency. The second reporting requirement added is a preacquisition notice. The preacquisition notice is a filing made prior to a person obtaining control of an insurer. The preacquisition notice will identify when an acquisition may cause market concentration and have a substantial effect on competition. OCI currently has the authority to consider how a change in control will affect competition in determining whether to approve a change in control. The preacquisition notice will add specific market concentration standards for determining whether there is market concentration. One additional change in the rule is to add a small surcharge to examination fees for insurers that are subject to a supervisory college. Supervisory colleges are a forum for domestic and international regulators to discuss the regulation of a holding company system with domestic and international operations. The surcharge is intended to capture the additional costs bore by the office in participating in a supervisory college.
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
OCI solicited comments generally through publication requesting comments from the public utilizing the OCI website. In addition, OCI solicited comments from the following businesses and associations:
Alliance of Health Insurers;
American Family Insurance;
Benefit Services Group;
Blue Cross Blue Shield of Wisconsin/Wellpoint;
Capitol Consultants;
Capitol Navigators;
Catholic Financial Life;
Hamilton Consulting;
Humana;
Independent Insurance Agents of Wisconsin
Johnson Insurance;
Liberty Mutual Insurance;
Martin Schreiber Associates;
Medical College of Wisconsin;
Ministry Health Care;
National Association of Insurance and Financial Advisors;
National Federation of Independent Businesses;
Network Health;
Northwestern Mutual Insurance
Professional Insurance Agents of Wisconsin;
Sentry Insurance;
State Farm Insurance;
The Alliance;
Thrivent Financial;
WEA Trust;
Wisconsin Association of Health Plans;
Wisconsin Association of Health Underwriters;
Wisconsin Chiropractic Association;
Wisconsin Council of Life Insurers;
Wisconsin Counties Association;
Wisconsin Hospital Association;
Wisconsin Insurance Alliance;
Wisconsin Manufacturers and Commerce;
Wisconsin Municipal Mutual Insurance Corporation;
Wisconsin Physicians Service Insurance Corporation;
Wisconsin Primary Health Care Association; and
Wisconsin Restaurant Association.
OCI received two comments. One comment received from the Wisconsin Council of Life Insurers indicated that the new filing requirement would have a small fiscal cost for insurers and overall the economic impact of the rule would be minimal. A second comment received from Sentry Insurance made no comment on the economic impact of the rule but did make two comments on the substance of the rule. Those comments will be addressed after the text of the rule is exposed for comment and hearing.
11. Identify the local governmental units that participated in the development of this EIA.
None
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
The proposed rule will have small implementation and compliance costs. With regard to the enterprise risk filing, holding companies required to make the filing will have an additional form to file annually. Initially, they will have to familiarize themselves with the information needed and collect that information. This will have a small cost in terms of staff time for the insurers required to make the filing. It is unlikely that insurers will have to hire additional staff or contract with outside entities to comply. The Wisconsin Council of Life Insurers indicated in its comments that the fiscal cost for making the new filing will be small.
With regard to the new preacquisition notice, this filing will only be made by parties who are seeking to acquire an insurer and only if the result of the acquisition would be an increase in the market share as the result of the proposed transaction above certain thresholds. The information that needs to be provided, i.e. information on market concentration, will likely be information that the acquirer obtains while conducting due diligence prior to the transaction. Obtaining the information and filing the form will add additional time to the process of acquiring control of an insurer but the effect is anticipated to minimal. The filing should not require the hiring of additional staff or consultants and the economic effect of this filing requirement is expected to be minimal.
With regard to the surcharge to examination fees for supervisory colleges, the surcharge is anticipated to be less than 1% of the annual examination charge imposed on insurers. The total examination fees that are charged to the industry are based on the costs incurred by the office in conducting financial oversight. Thus, the total examination fees on the industry will not change only the method for allocating those expenses will change. For insurers subject to the surcharge they will see a relatively small increase in their annual examination assessment. Insurers who are not subject to a supervisory college will see a small decrease in their annual examination assessment. The impact of the surcharge on the insurance industry as a whole will be zero and the impact on individual insurers will be minimal.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
The objective of the implementation of the enterprise risk report and other reporting changes is to better evaluate the risks to an insurer's solvency in an insurance holding company system. Wisconsin's current rule generally follows the NAIC Insurance Holding Company System Regulatory Model Act (Model Act) and Insurance Holding Company System Model Regulation (Model Regulation). The NAIC recently made changes to its Model Act and Model Regulation to modernize the regulation by better addressing transactions involving complex insurance holding company organizations and insurers licensed in multiple jurisdictions. Wisconsin must adopt certain of those changes in substantively the same form as the NAIC Model Act and Model Regulation if the Wisconsin Office of the Commissioner of Insurance (OCI) is to remain a state insurance regulatory agency that is accredited by the NAIC. It is a goal of the OCI and a benefit to domestic insurers for OCI to maintain its accreditation because as an NAIC accredited state, domestic insurers are only subject to certain filing requirements with OCI and financial examination by OCI. Without accreditation, domestic insurers could be subject to financial examination and filing requirements for all jurisdictions in which they operate. This could include examination from all 51 U.S. jurisdictions for some insurers. As an accredited state, domestic insurers are only subject to certain filing requirements with OCI and financial examination by OCI. Without accreditation, domestic insurers could be subject to financial examination and filing requirements for all jurisdictions in which they operate. This could include examination from all 51 U.S. jurisdictions for some insurers. In addition, the changes are similar to those adopted or that will be adopted in other states and work to promote uniformity for insurance holding company systems operating across multiple states.
The alternative would be to not adopt the changes and for OCI to forfeit its accreditation. Without accreditation, the cost of doing business for Wisconsin's domestic insurance industry would increase because their regulation by other states would increase including the requirement that they file an enterprise risk report in other jurisdictions.
The objective of the addition of a preacquisition notice is to provide standards for determining when a market is concentrated, i.e. dominated by a few insurers, and to determine when an insurer acquisition will substantially lessen competition. OCI may currently consider the effect a change of control of an insurer will have on competition but there are no standards as to when a market is considered concentrated. The adoption of this rule will promote transparency as it will outline when a market is presumed to be concentrated. A concentrated market does not automatically mean that OCI will not approve a transaction but will subject the proposed acquisition to greater scrutiny regarding its effect on competition.
The alternative is for OCI to continue with its current law which allows the effect on competition to be considered in a change in control but does not outline any standards as to how OCI will determine when there will be a lessoning of competition.
The object of the addition of the supervisory college surcharge is to apportion the examination costs associated with OCI participation in a supervisory college to those insurers who are subject to a supervisory college. This will lead to a more fair distribution of examination costs. The alternative is to keep with the current examination cost allocation which will lead to insurers who are not part of a supervisory college absorbing a portion of the cost for OCI's participation in a supervisory college.
14. Long Range Implications of Implementing the Rule
None
15. Compare With Approaches Being Used by Federal Government
OCI is not aware of any existing or proposed federal regulations intended to address the activities to be regulated by the proposed rule change.
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
Similar requirements have been enacted in neighboring states.
Illinois: 215 Ill Comp. Stat. §§ 5/131.1-131.30
Iowa: Iowa Code ch 521A
Michigan: Mich. Comp. Laws §§ 500.1301-1379
Minnesota: Minn. Stat. ch. 60D
17. Contact Name
18. Contact Phone Number
Louie Cornelius
608-264-8113
This document can be made available in alternate formats to individuals with disabilities upon request.
ATTACHMENT A
1. Summary of Rule's Economic and Fiscal Impact on Small Businesses (Separately for each Small Business Sector, Include Implementation and Compliance Costs Expected to be Incurred)
The proposed reporting requirements in the rule would only apply to insurers that are part of a holding company system and insurers that are part of a holding company system would not usually meet the definition of a small business. There are a few small insurers that own insurance agencies that may meet the definition of a small business but the number of insurers in this category is small. To the extent there are small insurers that are required to file the enterprise risk report, the economic impact on those insurers is expected to be minor. The information that needs to be reported on the enterprise risk report scales with the complexity of the holding company system. For the small insurers who only own an insurance agency, the enterprise risk report should be very basic. OCI received no comments specifically addressing the potential financial impact of the rule on small business and OCI believes the compliance costs incurred would be similar to those incurred by other insurers. For these reasons, the impact of the rule should be minimal for small businesses.
With regard to the proposed preacquisition report, any insurer that met the market share threshold for having to file this report would not meet the definition of a small business. This portion of the rule change will have no effect on small business.
With regard to the surcharge for insurers subject to a supervisory college, no insurer subject to a supervisory college would meet the definition of a small business. This portion of the rule would have no effect on small business.
2. Summary of the data sources used to measure the Rule's impact on Small Businesses
Section 227.114, Wis. Stat., defines a "small business" as "a business entity, including its affiliates, which is independently owned and operated and not dominant in its field, and which employs 25 or fewer full-time employees or which has a gross annual sales of less than $5,000,000."
3. Did the agency consider the following methods to reduce the impact of the Rule on Small Businesses?
Less Stringent Compliance or Reporting Requirements
Less Stringent Schedules or Deadlines for Compliance or Reporting
Consolidation or Simplification of Reporting Requirements
Establishment of performance standards in lieu of Design or Operational Standards
X Exemption of Small Businesses from some or all requirements
Other, describe:
The proposed rule allows the commissioner to exempt an insurer from filing the enterprise risk report if they demonstrate undue financial or organizational hardship. This will allow the commissioner to exempt a small insurer from filing the report if the insurer shows it would cause undue hardship.
4. Describe the methods incorporated into the Rule that will reduce its impact on Small Businesses
OCI has incorporated the ability for the commissioner to exempt any small insurer from the enterprise risk report filing requirement if they establish undue hardship.
5. Describe the Rule's Enforcement Provisions
The proposed rule adds no new enforcement provisions and will be enforced with OCI's general enforcement authority.
6. Did the Agency prepare a Cost Benefit Analysis (if Yes, attach to form)
Yes X No
Notice of Hearings
Natural Resources
Fish, Game, etc., Chs. NR 1
(DNR # WM-11-13)
NOTICE IS HEREBY GIVEN that pursuant to ss. 29.014, 29.041 and 227.11 (2) (a), Stats., interpreting ss. 29.014, 29.041 and 29.192, Stats., the Department of Natural Resources will hold public meetings on revisions to Chapters NR 1, 10, 11, 12, 13, 15, and 45, Wis. Adm. Code, related to deer management, hunting, and implementation of the 2012 White-tailed Deer Trustee Report.
The January 2015 hearings will begin at 6:00 p.m. and continue until 8:00 p.m. at each of the following locations and on the following dates:
Hearing Information
Date:   Tuesday, January 20, 2015
Time:   6:00 p.m. to 8:00 p.m.
Location:
  La Crosse DNR Service Center
  Room B19
  3550 Mormon Coulee Road
  La Crosse, Wisconsin
Date:   Tuesday, January 20, 2015
Time:   6:00 p.m. to 8:00 p.m.
Location:
  Fitchburg DNR Service Center
  Gathering Waters Conference Room
  3911 Fish Hatchery Road
  Fitchburg, Wisconsin
  (Fitchburg snow date is January 22)
Date:   Wednesday, January 21, 2015
Time:   6:00 p.m. to 8:00 p.m.
Location:
  Dodgeville DNR Service Center
  Conference Room
  1500 N. Johns St.
  Dodgeville, Wisconsin
  (Dodgeville snow date is January 28)
Date:   Thursday, January 22, 2015
Time:   6:00 p.m. to 8:00 p.m.
Location:
  Chippewa Valley Technical College
  Business Education Center
  Room 103A
  620 West Clairmemont Avenue
  Eau Claire, Wisconsin
Date:   Thursday, January 22, 2015
Time:   6:00 p.m. to 8:00 p.m.
Location:
  DC Everest Middle School
  Auditorium
  9302 Schofield Avenue
  Schofield, Wisconsin
  (Schofield snow date is January 29)
Date:   Monday, January 26, 2015
Time:   6:00 p.m. to 8:00 p.m.
Location:
  Waukesha DNR Service Center
  Room 151 (West entrance)
  141 NW Barstow St.
  Waukesha, Wisconsin
  (WAukesha snow date is January 27)
Date:   Tuesday, January 27, 2015
Time:   6:00 p.m. to 8:00 p.m.
Location:
  James Williams Middle School
  Auditorium
  915 Acacia Lane
  Rhinelander, Wisconsin
Additional hearings are planned for the Spooner, and Green Bay areas but locations and dates were not finalized at the time of notice publication. The times and locations for those hearings can be found on the department's website at http://dnr.wi.gov/news/input/.
Pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Scott Loomans at (608) 267-2452 with specific information on your request at least 10 days before the date of the scheduled hearing.
Copies of the Rule and Submission of Written Comments
The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov or by searching the keywords “administrative rules" on the department's website.
Written comments on the proposed rule may be submitted via U.S. mail to Mr. Scott Loomans, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707 or by email to scott.loomans@wisconsin.gov. Comments may be submitted through January 31, 2015. Written comments, whether submitted electronically or by U.S. mail, will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Mr. Loomans.
Analysis Prepared by the Department of Natural Resources
Plain language rule analysis
Gubernatorial candidate Scott Walker made a promise to appoint a “Deer Trustee" to review white-tailed deer management programs and hunting in Wisconsin. In October of 2011 Dr. James C. Kroll, officially known as Wisconsin's white-tailed deer trustee, entered into a contract with the State of Wisconsin to conduct an independent, objective and scientifically-based review of Wisconsin's deer management practices. The White-tailed Deer Trustee's report was released to the public in July, 2012.
The objective of these proposed rules is to implement ideas and solutions from the Deer Trustee's report to forge a new age for deer management.
Sections 1 to 6 update Natural Resources Board policy so that the term “population objective" and “goal" are used consistently and for concise wording.
Section 7 creates introductory material that organizes the current contents of Ch. NR 10 as Subchapter 1 and prepares for the creation of another subchapter related to the deer management assistance program.
Section 8 creates a definition of “afield" for the purpose of establishing that a deer cannot be possessed by someone other than the person who tagged it if the person who tagged the deer is not also present with the deer while afield, similar to current rules.
Section 9 eliminates the definition of an “archery hunt" because it is no longer consistent with current law or a necessary provision in this chapter.
Sections 10, 11, 29, 42, 57, 60, 65, and 72 establish that CWD management zones will be identified as CWD-affected areas and are based on counties, consistent with proposed deer management unit boundaries.
Sections 12 and 13 establish definitions of “private" and “public-access lands" so that bonus deer hunting permits can be issued as valid only for use on land not open to public hunting or as valid only for use on lands which are open to hunting by members of the public, but not valid on both types of land. Lands which are privately owned but open to public hunting under the managed forest law program and other government agreements are considered public access lands for purposes of this provision.
Sections 14, 24, and 37 update cross references related to sharp-tailed grouse, fisher, and bear management zones or subzones so that the deer management unit map in effect in 2013 continues to be the one cross referenced.
Sections 15 to 22 of this proposal establish the deer hunting season dates for gun, archery, muzzleloader, and deer hunting by youth hunters. The standard deer hunting season framework established in these sections is:
Bow & Arrow/Archery
Saturday nearest September 15 and continuing through the Sunday nearest January 6. Hunting is for antlerless deer only at times when a firearm season for antlerless deer only is also open.
Youth
Two consecutive days beginning on the Saturday nearest October 8.
Traditional 9-day November firearm deer season
Saturday before Thanksgiving Day Holiday and continuing for 9 days.
Muzzleloader only
Beginning on the day after the traditional November firearm deer season and continuing for 10 days.
December 4-day antlerless season in central forest and central farmland zone counties only. This is season that the department may also implement in the southern farmland zone upon recommendation of two-thirds of county deer advisory councils in that zone.
Beginning on the second Thursday following the Thanksgiving Day holiday.
Holiday antlerless firearm deer season in southern farmland zone counties. This is an optional season that the department may also implement in the central farmland zone upon recommendation of two-thirds of county deer advisory councils in that zone. County deer advisory councils may also recommend that buck harvest be allowed during this season and the department can implement if two-thirds of councils support.
Beginning on December 24 and continuing through January 1.
Additional non-standard season framework options are described in Section 23 below.
Noteworthy changes to current rule are that there is no longer a 4-day December antlerless-only, any-firearm-type deer season in the northern forest and the season is not part of the standard framework in the southern farmland zone. These sections establish that a season commonly referred to as the December holiday hunt will now begin on December 24 and continue through January 1 and the standard bag limit is antlerless deer only unless two-thirds of the county deer advisory councils recommend also allowing the harvest of bucks. The holiday hunt will be held in all areas of the former CWD management zone and the entire portion of counties which had previously been partially located in the CWD management zone. The department could extend the holiday season to the central farmland zone and this could happen after a recommendation by two-thirds of the county deer management advisory councils in the zone. This section eliminates references to state park hunting seasons which are no longer needed because state statute has established that deer hunting is generally allowed in state parks. This section retains language which establishes the seasons for certain state parks when it is still needed because the existing seasons are different than the general statewide seasons. Muzzleloader only seasons are an example of the type season variations that have existed at some state parks. Finally, this section eliminates state park deer management unit designations and limited entry state park deer hunts.
These sections establish a general bag limit of one buck during firearm deer seasons and one buck during the archery seasons, plus additional antlerless deer where permits are available.
Section 23 establishes three additional season framework options which the department could implement upon the recommendation of two-thirds of the county deer management advisory councils in a management zone. Those options include an antlerless deer only season framework for all archery or firearm seasons. The second option is restrictions on the harvest of bucks during a holiday season to only those with four antler points on a side or an antler spread that is wider than the spread of the deer's ears in an alert position. The third is that the harvest of bucks during the traditional nine-day firearm season, and other deer seasons which are open during that period, could be limited to the first two days of the season.
Section 25 restores the protected status of white deer in a CWD affected area so that they will again be protected statewide.
Sections 26 and 27 update provisions related to hunting hours to include references to crossbows and maintain cross-references related to hunting hours for species that have no hunting hour restrictions except at times when a firearm deer season is open.
Sections 28, 30, 32, 33, 35, 36, 38, and 45 to 55 add the word “crossbow" to provisions where appropriate because firearms, bows, or handguns are currently listed. These sections also add a description or cross-reference to a crossbow license or season as appropriate in locations where archer or firearm licenses or seasons are already listed or cross-referenced.
Section 31 repeals a cross-reference related to blaze orange requirements during deer seasons in CWD zones which is not necessary because blaze orange requirements are already established in statute.
Section 34 repeals a historic prohibition of the possession of firearms in the field on the day before the traditional 9-day firearm deer season.
Section 39 revises population goals so that they will be expressed as management objectives to increase, maintain, or decrease the deer population density in a management unit. Deer management units will generally be the same as counties with exceptions for metropolitan subunits and areas within the exterior boundaries of the Bad River, Lac Courte Oreilles, Lac du Flambeau, Menominee, and Red Cliff reservations. This section establishes county deer management councils which will be advisory to the department. This section also establishes antlerless permits and their allowable uses and methods of distribution. This section establishes a $12.00 fee for bonus permits which are issued for a CWD-affected area and a $6.00 fee for bonus permits issued under the deer management assistance program. Finally, this section eliminates additional buck harvest opportunities commonly referred to as “earn-a-buck" and “bonus buck" would no longer be part of the standard season framework. “Bonus buck" regulations could be implemented in a farmland zone upon a recommendation by at least two-thirds of the county deer management advisory councils in a zone and would normally remain in effect for three years. When antlerless deer which authorize harvest of a bonus buck are registered, registration must take place in-person so that harvest can be verified by the department.
Section 40 modifies the tagging procedures so that a deer possessed in the field must be accompanied by the person who tagged it, even if the deer has already been registered. Deer which have been registered may be possessed and transported on roadways or possessed at a home or established businesses (taxidermist, butcher shop, etc.) by someone other than the person who tagged it, consistent with current rules.
Section 41 updates language to reflect elimination of “earn-a-buck" regulations and newer “bonus buck" “bonus buck" opportunities which will be available.
Section 43 establishes that a harvest registration confirmation number must be legibly printed on the carcass tag to show proof that a deer has been registered with the department under an electronic or telephone registration system. This section also maintains the current prohibition of processing a deer while in the field, except that it may be divided into as many as 5 parts to help with removing it from the field.
Section 44 modifies deer registration procedures to allow telephone or electronic recording of harvest. The ability to require in-person registration in areas is retained if the department determines that is necessary for research, collecting tissue samples, or during transition periods. Deer and bear harvest must be registered with the department by 5:00 p.m. of the day after the deer or bear is taken into possession. Registration requirements will be the same statewide for both firearm and bow-and-arrow harvested deer. This section also clarifies that an antlerless deer may not be possessed in the field outside of the unit of harvest except on a public highway or at a dwelling or established business such as a butcher shop or taxidermist's place of business, and then only after first being registered. This is similar to current restrictions which prohibit transportation of a deer outside the unit of harvest prior to registration but is amended so the rule remains effective to enforce restrictions on illegal use of tags when electronic harvest registration is allowed.
Section 56 establishes deer management units which will generally be based on counties and establishes metropolitan deer management subunits and identifies tribal units. This section preserves the current metropolitan deer management units as subunits within county units. The note in this section also maintains the deer management unit map that was in effect in 2013 because those boundaries continue to be used for other purposes such as the basis for the fisher management zone map.
Section 58 repeals the existing deer management regions map and replaces it with a comparable but simplified zone map that is more aligned along county boundaries. This map also identifies where certain antlerless tags can be used and to describe deer season frameworks.
Section 59 establishes that buck tags may only be used to tag bucks and southern farmland zone antlerless deer tags, which are available to all firearm and archery license buyers, may be used statewide by participants in firearm deer hunts for hunters with disabilities. In the past, buck tags could be used for deer of either sex during these hunts. This provision is intended to reduce confusion about how tags can be used by disabled permit holders during the variety of deer seasons. This section also modifies the note for consistency with new rules allowing the use of rifles statewide during firearm deer seasons.
Section 61 establishes the deer management assistance program to assist with specialized management of deer in localized areas and for specific purposes. This section establishes fees and other conditions for participation in the program.
Sections 62 and 63 establish crossbow hunting seasons which are consistent with archery deer hunting seasons at a number of waterfowl hunting closed areas where some archery deer hunting is currently allowed.
Section 64 establishes that crossbow deer hunting is not allowed at times when archery deer hunting is not allowed under current rules at the Buckhorn wildlife area.
Section 66 eliminates the prohibition on shooting deer under an agricultural deer damage shooting permit on the day before the traditional 9-day November firearm deer season.
Section 67 updates a cross-reference related to establishing the harvest quota for tribal members in the ceded territories.
Sections 68 to 71 add “crossbow" to provisions which already restrict possession of bows and firearms at 37 game refuges and notes that possession of loaded, uncased handguns is allowed by people who are licensed to possess a concealed handgun.
Sections 73 and 75 to 76 update language to include crossbows in various provisions where it is currently only required that bows and arrows be unstrung or enclosed in a carrying case on certain department managed lands.
Section 74 repeals the requirement to obtain a special permit before hunting deer in a state park in the CWD management zone.
Federal regulatory analysis
These state rules and statutes do not relieve individuals from the restrictions, requirements and conditions of federal statutes and regulations. Regulating the hunting and trapping of native species falls within the purview of state fish and wildlife agencies.
Comparison with rules in adjacent states
All of Wisconsin's surrounding states use hunting seasons to provide hunting opportunities and to manage white-tailed deer herds. All of the surrounding states utilize a range of hunting seasons and allow the use of archery equipment, firearms and muzzleloading firearms at certain times. The seasons proposed in this rule order do not vary significantly from the hunting opportunities that are available in other states.
Illinois: The Illinois archery season runs from October 1, 2013 - January 19, 2014 except that it is closed during the firearm deer season in those portions of the state that hold a firearm deer season. Illinois has two periods for firearm deer hunting, a muzzleloader season, and special CWD and antlerless-only seasons. The first firearm season in 2013 is November 22 - 24 and the second season is December 5 - 8. The muzzleloader season is Dec. 13 - 15. The special CWD and antlerless-only seasons occur on December 26 - 29 and January 17 - 19, 2014. A youth firearm deer hunt is open on October 12 - 14. All firearm hunting permits are distributed first through a tiered drawing system where residents have a higher chance of being selected for a permit than non-residents, then through a random daily drawing, and finally they are offered over-the-counter on a first-come first-served basis until the unit's quota is reached. Hunters who are eligible to purchase a hunting permit receive an either-sex permit and one bonus antlerless-only permit. There is no limit on the number of resident archery licenses that will be issued, and each resident archery license includes an antlerless-only and an either sex permit. Non-resident archery licenses also include an either sex permit and an antlerless-only permit, but are allocated through a lottery system.
Iowa: In Iowa, there are two archery seasons, two muzzleloader seasons, and two shotgun seasons. There is also an antlerless-only season, a youth hunt for residents, and a holiday season for nonresidents. The archery season runs from October 1 – December 6 and December 23 – January 10, 2014. The muzzleloader seasons run from October 12 – 20 (residents only) and December 23 – January 10, 2014. The shotgun seasons run from December 7 – 11 and December 14 – 22. The antlerless-only season runs from January 11 – 19, 2014, the youth hunt runs from September 21 – October 6, and the holiday season runs from December 24 – January 2, 2014. When a hunter purchases an `Any Deer License', they are entitled to harvest either a buck or an antlerless deer statewide. Hunters also have the option to purchase an `Antlerless-only License' which is valid for a specific zone in the state. The number of antlerless licenses available in any particular zone is determined by a quota system, and hunters are able to purchase these licenses on a first-come first-served basis until the quota is reached.
Michigan: Michigan has one firearm season, two archery seasons, and one muzzleloader season, as well as two antlerless-only seasons and a youth hunt. The firearm season runs November 15 – 30. The archery seasons runs October 1 – November 14 and December 1 – January 1, 2014. Michigan's muzzleloader-only season is split into three zones with each zone's season occurring in December and lasting for either 10 or 17 days. The antlerless-only seasons run from September 21-22 and December 23 – January 1, 2014 and the youth hunt occurs on Sept 21-22. Hunters interested in harvesting an antlerless deer must purchase an antlerless license that is valid within a specific DMU for use on either public access lands or private land. In some DMUs, these licenses may only be purchased over the counter, whereas in others there is an application process and drawing.
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