The statement of scope for this permanent rule, SS 024-13, was approved by the Governor on March 13, 2013, published in Register No. 687, on March 31, 2013, and approved by the Natural Resources Board on April 24, 2013. This permanent rule was approved by the Governor on April 14, 2015. The Wisconsin Natural Resources Board proposes an order to repeal Ch. NR, 10.001 (2e), 10.01 (3) (ed), (es) 2, 3., and (et), 10.07 (3), 10.09 (1) (c) 1. e. and (note) and (2), 10.24 (2) (b), 10.28 (3), 12.06 (4) (b), 13.38 (2) (b) (note), 45.09 (9), to amend NR 1.15 (1) (a), (b), (c) 1. and (2) (a) (title) and (intro.), (at) and (3), 10.001 (6p), (19e), 10.01 (2) (b) 1., 10.01 (3) (es) 1., (ev), 10.01 (4) (dm), 10.02 (3), 10.06 (5), (8) (a), (b) and (note), 10.07 (1) (b) 3., (2m) (b) 1. and (g) 2., 10.09 (1) (c), 10.09 (3), 10.10 (2), 10.102 (1) (e) 4., 10.103 (1), 10.105 (1), (2), (4) (title) (intro.) and (a), and (7) (intro.) (a) and (b), 10.106 (1) (Intro) (a), (b) and (c) (intro.) 1. and 3., 10.11 (5) (a), 10.12 (5) (c), 10.15 (1) (a), 10.15 (6), 10.16 (Intro.) and (2), 10.22NR 10.22(1) (1), 10.23 (2) (a), 10.24 (2) (a) and (c), 10.25 (4) (a), 10.40 (3) (f) and (Note), 11.042 (Intro.), 11.043 (Intro.), 11.11 (Intro.), 12.06 (title) (1) and (2), 12.16 (4), 13.38 (2) (b), 15.01 (Intro.), 15.015 (Intro.), 15.10 (1) (Intro.), 15.12 (Intro.), 19.60 (2) (b) 1., 45.09 (1), 45.13 (18), 45.13 (21) and (24), to repeal and recreate NR 1.15 (2) (a) 8., 10.01 (3) (e) and (em), 10.104, 10.106 (2), 10.28 (1) and (2), 10.28 (4), 10.41, and to create NR 10 (Title.), 10.001(1k), 10.001 (23a) and (23b), 10.01 (3) (ep), 10.01 (3) (ex), and (4) (dm) (Note), 10.106 (1) (c) 4., 10.15 (3m), 10.16 (2m), 10.285, and NR 10 Subchapter II relating deer management, hunting, and implementation of the 2012 White-tailed Deer Trustee Report. WM-11-13
Analysis Prepared by the Department of Natural Resources
Statutory Authority and Explanation of Agency Authority: Department authority to conduct a variety of habitat and wildlife management activities is established in ss. 23.09(2)(b), (d), (h), (k), (km), and (p), Stats. These sections authorize rulemaking related to deer and deer habitat management and: plans and priorities for conservation, game refuges, cooperative forest protection, research, resources inventory, and disease control. These sections authorize many existing provisions of Ch. NR’s 1 (Natural Resources Board Policy), 11 (closed areas), 15 (game refuges), and 45 (use of department properties), Wis. Adm. Code. The primary authority to establish hunting regulations for deer and other species is established in s. 29.014, Stats. This section directs the department to establish and maintain open and closed seasons, bag limits, size limits, rest days, and other conditions for the taking of game that conserves the game supply and provides citizens with good hunting opportunities. This section authorizes many of the existing provisions of Ch. NR’s 8 (license and permit procedures), 10 (game and hunting) and 19 (Miscellaneous Fur, Fish, Game and Outdoor Recreation), Wis. Adm. Code. The wildlife damage and nuisance program and rulemaking authority are established in s. 29.889 (2) (b), Stats., which directs the department to establish rules for program eligibility and funding, methods of abating damage, forms and procedures, prorating claims, and record keeping, audits and inspections. This is the authorizing legislation for much of Ch. NR 12, Wis. Adm. Code, related to wildlife damage. Rules related to Chippewa treaty rights (Ch. NR 13) are promulgated under general authority to establish hunting regulations in s. 29.014, Stats., and these rules are the department's interpretation of how laws must be interpreted or limited in order to comply with the general limitations on state regulatory authority expressed in Lac Courte Oreilles v. State of Wisconsin, 668 F. Supp. 1233 (W.D. Wis. 1987) and the specific limitations expressed in the regulatory phase of the Voigt litigation. (See e.g., Lac Courte Oreilles v. State of Wisconsin, 707 F. Supp. 1034 (W.D. Wis. 1989)). Additional specific rule making authority was established by 2013 ACT 20, the biennial state budget. The deer management assistance program is created in s. 29.020, Stats., and the department is directed to promulgate rules and establish fees. In s. 29.040, Stats., the department is authorized to promulgate rules that implement recommendations of the 2012 deer trustee’s report. Under s. 29.181 (4), Stats., the department is authorized to establish by rule the fee for a bonus deer hunting permit that is issued for use in a county or deer management area where CWD has been identified. Authority related specifically to the issuance of hunting permits is found in s. 29.024 (2) (d) Stats. This statute establishes that it is illegal to transfer an approval or permit or allow its use by any other person. The law establishes limited exceptions and that the department can, by rule, allow the transfer of permits or approvals. These rules will allow certain transfers of bonus permits issued under the deer management assistance program. Statutes Interpreted and Explanation: Statutes interpreted or explained in this rule order include ss. 23.09 (2), 29.014, 29.020, 29.040, 29.181 (4), 29.889 (2) (b), and 227.11, Stats. In particular, s. 29.014, Stats., grants rule making authority to the department to establish open and closed seasons for hunting and trapping and to establish other regulations. All rules promulgated under this authority are subject to review under Ch. 227, Stats. Related Statute or Rule: Board Order WM-24-13(E) [SS 098-13] relating deer management, hunting, and implementation of the 2012 White-tailed Deer Trustee Report and Board Order WM-08-14(E) [SS 056-14] related to implementation of the Deer Management Assistance Program and County Deer Management Advisory Councils are the emergency rule companions to this permanent rule. The emergency rules remain in effect until June 30, 2015, or the date on which this permanent rule takes effect, whichever is sooner. 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.
