This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
Emergency rules related to establishing a season for hunting deer with crossbows, Board Order WM-05-14(E) [SS 018-14] are currently in effect. The scope statement for a companion permanent rule, which will establish the crossbow season for hunting deer beginning in 2016, will also be promulgated as Board Order WM-06-14 [SS 017-14]. This rule order modifies numerous sections current permanent rule which have already been modified by the emergency rule and those modification are incorporated in this order. The season for hunting deer with a crossbow is established in this rule only for 2014 and 2015.
Board Order WM-04-13, related to remedial and housekeeping updates, is currently being promulgated and may affect some of the same sections as this board order. Where possible, the department has chosen only one board order to make needed updates.
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 3 update Natural Resources Board policy so that the term “population objective” and “goal” are used consistently and for concise wording.
Section 4 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 5 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 6 eliminates the definition of an “archery hunt” because it is no longer consistent with current law or a necessary provision in this chapter.
Sections 7, 53, 57 and 66 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 8 establishes 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 9, 18 and 28 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, and which is renamed “Game management zones” continues to be the one cross referenced.
Sections 10 to 16 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.
Crossbow
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.
Beginning on the second Thursday following the Thanksgiving Day holiday.
Additional non-standard season framework options are described in Section 17 below.
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 17 establishes additional season framework options which the department could implement upon the recommendation of the county deer management advisory council in a unit. The options include an antlerless deer only season framework for all archery, crossbow, or firearm seasons. These sections establish that a season commonly referred to as the December, antlerless-only holiday firearm season could be recommended to the department and would begin on December 24 and continue through January 1. The holiday hunt option is available only in units that are in a farmland zone.
Section 19 restores the protected status of white deer in a CWD-affected area so that they will again be protected statewide.
Sections 20 and 21 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 22, 24, 26, 27, 29, 35 to 46 and to 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 23 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 25 and 59 repeal a historic prohibition of the possession of firearms in the field on the day before the traditional 9-day firearm deer season.
Section 30 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. In units where the department has not established a quota allowing the harvest of antlerless deer, the department may establish by an order of the secretary that antlerless tags issued to junior deer hunting license buyers are not valid. Finally, this section eliminates additional buck harvest opportunities commonly referred to as “earn-a-buck” and “bonus buck”.
Section 31 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. This section also updates language to reflect elimination of “earn-a-buck” and “bonus buck” regulations.
Sections 32 and 33 establish 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 34 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 47 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.
Section 48 repeals the CWD management zone map which is no longer needed. CWD-affected areas under this rule proposal are comparable. CWD-affected areas can be modified by the department based upon where CWD is identified without administrative rule changes.
Section 49 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 50 renames 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. The map is now called “Game management zones”.
Section 51 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 53 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 54 to 55 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 56 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 58 updates cross-references and modifies language to reflect that earn-a-buck regulations have been repealed.
Section 60 and 61 update a cross-reference related to establishing the harvest quota for tribal members in the ceded territories.
Sections 62 to 65 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 67 and 69 to 71 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 68 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
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