Under current rule, numerous state parks are listed in the table that establishes deer seasons because the department was required to establish hunting seasons in state parks by administrative rule. Under 2011 ACT 168, hunting is allowed at state parks except where, or at times when, the Natural Resources Board has prohibited the activity in order to protect public safety or a unique plant or animal community. Because the old presumption that state parks are closed unless opened by rule has been replaced by a presumption that state parks are open unless board action has been taken to close them, most state park names have been removed from the table. Those parks will be open to deer hunting under normal statewide regulations at times when hunting has not been prohibited for safety related purposes by natural resources board order. A number of parks, which had deer hunting seasons or regulations which are not the same as the ones that apply statewide are still found in the season table in order to preserve those unique seasons or regulations. All state park deer management unit number designations have been repealed and state parks are simply referred to by their name. Current rules require that deer hunters in state parks in the CWD management zone obtain a free access permit to a park. The number of access permits is not restricted. This rule repeals that requirement because it is no longer needed considering that access to other parks will not be monitored to this extent. Finally, the deer hunt at the Loew Lake Unit of the Kettle Moraine State Forest, which had been a limited entry/draw hunt, will now be open to participation by any licensed hunter. However, this season will continue to be muzzleloader only. These changes are made for consistency with other changes made at state parks which previously had limited entry hunts.
These rules establish 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, crossbow, or firearm seasons. The second option in the holiday antlerless-only firearm season in farmland zones, as described earlier in this summary.
The trustee’s report generally recommends a more passive approach than current department policy to the management of chronic wasting disease. This approach is reflected by the establishment of deer seasons in CWD-affected areas that are similar to other areas of the state. Management of CWD in the state’s deer herd is still important under these rules. These rules retain an option to hold a firearm deer season occurring over the Christmas holiday, although it will now end on January 1. These rules modify the current CWD zone management system by designating it as the CWD-affected area using county boundaries to describe the zone instead of the previous DMU configuration based on roads and natural features such as rivers. A process for efficiently adding new counties as CWD-affected areas when the disease is discovered in new areas is created. The department currently establishes numeric population goals for deer units that are in a CWD zone. Those goals are modified by these rules so that they are consistent with the manner in which objectives for other units are expressed.
This rulemaking establishes a deer management assistance program that will allow landowners and hunters to work together with the department to manage deer on a site-specific basis. The program will actively involve members of the public in the collection, analysis, and reporting of deer harvest information and improve management of the deer herd at the local level. The rule establishes enrollment fees for participation in the program and statute has established that revenue will be credited back to implementation of the program. This proposal establishes a separate half-price fee of $6.00 for antlerless deer hunting permits obtained through participation in the program. The lower fee is intended to be an incentive for participation. These rules allow the sales of antlerless deer hunting permits to a landowner or primary contact who is enrolled in the deer management assistance program or their authorized representative. The permits could then be transferred, for no more than the actual cost, to hunters who would be able to use the tags on the enrolled property. The program is a central feature of the report which recommended that the department establish: a) applicability to private and publically accessible lands, b) initial areas eligible to participate, c) administration of DMAP, d) funding, e) personnel and training, f) minimum property size to participate, g) fees, h) participation requirements, i) data collection requirements, j) registration of deer harvested on DMAP properties, k) data analysis and reporting, and l) assessment of DMAP effectiveness.
Chapter NR 13 is intended to regulate off-reservation treaty rights of treaty rights participants recognized by Lac Courte Oreilles Band v. Voigt, 700 F. 2d 341 (7th Cir. 1983). Modifications to Ch. NR 13 update a cross reference with Ch. NR 10. Other out-of-date cross-references exist in this chapter but are not revised here as that might be more appropriate as a stand-alone, more thorough review. The report did not recommend changes to this chapter of administrative code. A significant portion of this board order is dedicated to updating administrative code so that it is consistent with 2013 ACT 61 which establishes deer hunting seasons in 2014 and 2015 where the use of crossbows is allowed. Under the Act, the crossbow season must be identical to the archery season. Other substantiative provisons of this rule related to the use of crossbows, such as the allowable uses of carcass tags, are also written as directed by the ACT. The department has limited discretion in rulemaking for the 2014 and 2015 seasons. Beginning in 2016, the department will have much greater statutory authority and more decision making ability. This board order does make numerous remedial revisions to reflect the new status of crossbows as generally allowed for hunting. Throughout the rule, references to “archery” and “crossbow” are intended to reflect statutory language which creates an “archer hunting” license and a “crossbow hunting” license.
Additional remedial revisions reflect that statutes now allow the possession of loaded, uncased handguns by people who are licensed to possess a concealed handgun, including in department closed areas and game refuges where possession of other weapons is restricted.
Analysis and supporting documents used to determine effect on small business or in preparation of an economic impact analysis: The department estimates that the economic impact of these rules will be none or minimal and, pursuant to 2011 Executive Order 50, facilitated a 14 day period for comment on a draft economic impact analysis. The comment period began on October 7 and ended on October 21, 2013. Although s. Ch. 227.14 Stats., does not require an economic impact analysis for emergency rules, an analysis was prepared for companion emergency rules as well as for this board order. This proposal modifies rules that establish the department’s habitat and deer harvest management strategies. Examples of the new management efforts include: increased emphasis of habitat management on private land through the deer management assistance program, eliminating the requirement to use a specific method of measuring and estimating deer populations even though that model may still be used and considered, and new ways to describe desired deer population levels. These rules will result in moderate revisions to regulations that apply to individual deer hunters. Examples of the types of changes proposed include adjustments to deer management unit boundaries, simplified harvest registration procedures, different deer hunting regulations on private versus public access lands, and different uses and changes in the availability of antlerless deer harvest permits.
Deer population, harvest, and habitat management affect many entities in this state. A broad description of affected industries includes agriculture, forestry, tourism, and retail. Governments may be impacted by these rules because many do have programs to manage nuisance deer locally. Many non-profit groups are focused on natural resource conservation, wildlife resources, or deer in particular, and may be affected by these rules.
The department anticipates there will be no or a minimal effect on the financial health of industries, governments, and groups. The department anticipates there will be no economic effects of these regulations for individual hunters and landowners.
Affected entities are likely to base their evaluations of economic impact on their opinions of whether or not the rules will result in deer population changes. For instance, agriculture and forest-products interests may benefit from low deer populations and resulting low levels of crop and tree damage. The tourism and retail industries may benefit from high deer populations that result in greater enthusiasm and participation in deer hunting. This rule package will be designed to balance competing interests with a different approach than current rules.
It is important to note that the department is statutorily prohibited from managing deer populations with regulations that require a hunter to first harvest an antlerless deer before harvesting a buck. The department also lacks rulemaking authority for certain deer hunting season frameworks. These changes to the department’s regulatory authority result from previously enacted statutes and they were not considered as part of an economic analysis prepared for these rules. While deer may have significant positive or negative impacts to different entities, removal of these harvest regulations likely moderates the economic impact of this rule package.
The department anticipates that there will be no or very few implementation and compliance costs for the affected entities. These rules will not establish reporting or compliance requirements or other regulations for small business. A possible outcome of these rules is the elimination of deer registration stations at local businesses throughout the state. The department has summarized the value of registration fees paid by the department to businesses, and related impacts of this voluntary program, in the economic impact analysis.
This is not a complete estimate of economic impacts but, rather, a summary which indicates that these rules will have no or minimal economic effects. The final economic analysis for these rules includes a description of the specific impacts of deer and deer hunting in this state based on surveys and research done by the department and other state and federal agencies. However, even though significant research exists, the impact of wild deer on the environment and to people under various conditions cannot be anticipated with exact precision. The final analysis includes significant narrative descriptions of anticipated economic impacts.
Anticipated Private Sector Costs: These rules, and the legislation which grants the department rule making authority, do not have a significant fiscal effect on the private sector. Additionally, no costs are associated with compliance to these rules.
Effects on Small Business: These rules are applicable to individual sportspersons and impose no compliance or reporting requirements for small businesses, and no design or operational standards are contained in the rule. Because this rule does not add any regulatory requirements for small businesses, the proposed rules will not have a significant economic impact on a substantial number of small businesses under 227.114(6) or 227.14(2g).
Comment period: The comment period for these rules ended on January 31, 2015.
Agency Contact Person: Scott Loomans, 101 South Webster St., PO BOX 7921, Madison, WI 53707-7921. (608) 267-2452, scott.loomans@wisconsin.gov [See PDF to view properly formatted document]
Section 1. NR 1.15 (1) (a), (b), (c) 1., and (2) (a) (title) and (intro.) are amended to read:
NR 1.15 (1) (a) Forest diversity. A planned program of maintaining forest diversity including shade-intolerant cover types, particularly aspen, oak and forest openings, is required to slow or halt this decline in habitat quality and to maintain deer populations at established goal levels population objectives.
(b) Summer range. Habitat conditions are deteriorating most rapidly on summer deer range. Forest maturation, conversion from sun-loving tree species to shade tolerant species and loss of grassy openings are reducing the quality of summer deer range and with it, the deer carrying capacity in northern Wisconsin. The habitat management objective, depending upon the deer population goal, is to provide an adequate mixture of aspen, oak, upland brush, jack pine and sodded openings in connection with regular forest management practices.
(c) 1. The department will seek appropriate deer harvest quotas to maintain move deer populations at established goals in the direction specified by deer population objectives.
(2) (a) Deer population goals objectives. The department shall seek to maintain a deer herd in balance with its range and at deer population goals with deer population and sustainable harvest objectives that are reasonably compatible with social, economic and ecosystem management objectives for each deer management unit. Deer population objectives are to be based on:
Section 2. NR 1.15 (2) (a) 8. is repealed and recreated to read:
NR 1.15 (2) (a) 8. Ability to manage the deer herd in a management unit towards an established population objective.
Section 3. NR 1.15 (2) (at) and (3) are amended to read:
NR 1.15 (2) (at) If crop damage in a deer management unit with an objective to maintain or increase the population is above the tolerable limit in 2 years out of a 3 year period prior to a current unit review under s. NR 10.104 (3), the department shall consider reducing the goal if intolerable levels of damage are likely when the herd is at goal. If damage in a deer management unit exceeds tolerable levels when the herd is at goal in 2 years out of a 3 year period prior to a current unit review under s. NR 10.104 (3), the department shall reduce the population goal in that unit, unless an objective is selected which would result in a herd size goal reduction is not expected to alleviate intolerable levels of deer damage. establishing an objective to reduce or maintain the deer population. (3) Research and surveys. Surveys, investigations and research shall be conducted to provide technical information necessary to evaluate population objectives and establish population estimates trends, harvest recommendations, population goals objectives and habitat management needs and guidelines.
Section 4. NR 10 Subchapter I (title) (precedes NR 10.001) is created to read:
SUBCHAPTER I
GENERAL PROVISIONS
Section 5. NR 10.001 (1k) is created to read:
NR 10.001 (1k) “Afield” means an area where hunting can legally occur, such as fields, forests or similar areas.
Section 6. NR 10.001 (2e) is repealed.
Section 7. NR 10.001 (6p), (19e) are amended to read:
NR 10.001 (6p) “CWD management zone affected area” means a zone established in s. NR 10.28 (3) s. NR 10.41 for the control, and management and eradication of chronic wasting disease and is considered the chronic wasting disease eradication zone and chronic wasting disease control zone only for purposes of ss. 29.063 (5) and 167.31 (4) (bg) 1., Stats. 29.336, Stats. (19e) “Notice and information to the public that is adequate” under s. 29.063 (2), Stats., means a department press release to the local news media and the official state newspaper and may also include the following: public meetings, telephone contacts, internet postings, brochure distribution, first class mailings and meetings with landowners in the CWD management zone affected area. Section 8. NR 10.001 (23a) and (23b) are created to read:
NR 10.001 (23a) “Private land” for purposes of s. NR 10.104 (8) and (9) means land that is not public-access land under sub. (23b). Private land includes lands that are enrolled in the wildlife damage abatement and claims program under ch. NR 12 Subchapter II except if they qualify as public access lands under sub. (23b) because of government ownership, leases, or easements, or under sub. (23b) (a) to (c). (23b) “Public access lands” for purposes of s. NR 10.104 (8) and (9) means land owned, under easement to, or lease by federal, state, county, or municipal government if that land is open to public hunting. Public access land also includes the following private lands provided they are open to the public for deer hunting: (a) Enrolled in the managed forest land or forest croplands program under ch.77, Stats. (b) Acquired in whole or in part with funding from the stewardship program pursuant to s. 23.0916, Stats., (c) Owned by a public utility or cooperative for the production, transmission, delivery or furnishing of heat, light, water, telecommunications service or power.
Section 9. NR 10.01 (2) (b) 1. is amended to read:
