Statement of Scope
Department of Natural Resources
Relating to: | The 2015 Bureau of Wildlife Management housekeeping rule amending Ch.’s NR 10, 12, 15 and 19 Wis. Admin. Code |
1. Finding/nature of emergency (Emergency Rule only):
These will be permanent rules only.
2. Detailed description of the objective of the proposed rule:
These rule changes are proposed to update administrative code language to correct inconsistencies, update outdated language, revise scientific and common name spellings, and provide clarification when appropriate. This rule package will amend regulations for hunting, trapping, possession of animals killed in motor vehicle accidents, gathering wild rice, invasive species, and wildlife refuges found in Ch’s. NR 10, 12, 15, 19, and 40.
Specifically, these rules would:
1. These rules would modify a number of definitions in Ch. NR 10 to eliminate unneeded language and for clarification. Additionally, a trap-type definition would be modernized to accommodate polymer trap materials. Currently, only steel-jawed traps are allowed. Current definitions reference “drowning” types of trap sets and that language would be changed to “submersion” to more accurately reflect how that type of trap set functions. Finally, a definition for the word culvert, which is used commonly throughout the chapter, would be created. 2. This rule proposal will add clarifying language. For instance, porcupines are currently an unprotected species. Porcupines would be added to an existing list of unprotected species so that provision of administrative code is more informative.
3. These rules would clarify that, when it is illegal to hunt over bait under current rules and laws, it is also illegal to hunt over bait which is placed for trapping purposes. This proposal would not change any currently allowed use of bait for trapping.
4. Increase the allowable number applicants in a group for turkey hunting permits so that more than four people may apply together. These rules would also allow the use of electronic calls by turkey hunters who are deaf.
5. Clarify that all for-fee hunting is illegal related to department issued shooting permits.
6. Simplify the process for taking possession of car killed deer, turkey, and bear. This is particularly important related to deer because the department will no longer be registering deer in person at local registration stations.
7. Fix scientific and common names and permanently add bracketed counties that were inadvertently omitted from the list of restricted counties in the department’s Invasive Species Rule. The common name of Amynthas species should be changed from crazy worm to jumping worm to reflect current naming convention and to avoid using a potentially offensive name. The scientific name spelling of Woodland forget-me-not should be changed from Myosotis sylvaticum to the accepted and valid scientific name Myosotis sylvatica. Three invasive species (Poison hemlock, Wild chervil, and European marsh thistle) have bracketed counties that should be permanently added to the list of restricted counties per their prohibited county lists.
8. Clarify that the use of archery equipment such as lighted, reflective, or glowing nocks is not a violation of current rules that prohibit tagging or marking live wild animals.
9. Eliminate a game refuge at Columbia Co Indian Agency House. These are not department owned lands and there is no purpose for this refuge to be established by the department.
10. Remove Lake Noquebay in Marinette County from the list regulated wild rice waters because, unlike all other regulated waters, this lake is not located in the ceded territories.
11. The department has recently completed an extensive rulemaking process related to deer hunting and management. If the department identifies remedial or non-controversial revisions which are necessary to implement the deer season or manage deer, those may also be topics of this rule making process.
12. These rule may make additional updates such as correcting cross-reference citations, updating road names on maps, changes needed in order to update application forms, or revisions which are necessary for consistency with recently enacted legislation.
13. The department may include other, minor, non-controversial rule proposals including ones which have passed at the annual Spring Fish & Wildlife Hearings as advisory questions by the Conservation Congress.
3. Description of the existing policies relevant to the rule, new policies proposed to be included in the rule, and an analysis of policy alternatives:
All of the policies in this rule are generally consistent with past board policies of regulating fish and game harvest and invasive species for conservation purposes and establishing closed areas for hunting.
Recent trap designs include ones with jaws constructed of polymers and these new trap types have passed humane trap standard evaluations. As polymer trap designs become available, this proposed rule would allow their legal use. The change to a more realistic description of “foothold” instead of “steel jaw” would also better describe how the devices are designed to work, by just holding the animal.
By applying as a group, turkey permit applicants can assure that all members of a hunting party will draw tags that are for the same time period and hunting zone. Currently, a maximum of four hunters are allowed to submit a group application for the spring and fall wild turkey hunting seasons. This proposal would increase the limit on the number of participants in the group to ten hunters. This would reduce the number of complaints received by department staff that the current group application cap does not allow all members of an intended hunting party to apply together as a group.
These rules would clarify that, when it is illegal to hunt over bait under current rules and laws, it is also illegal to hunt over bait which is placed for trapping purposes. This proposal would not change any currently allowed use of bait for trapping and would not modify what are considered to be normal hunting practices. This is intended to eliminate what some people perceive is a loophole in the current prohibitions of the use of bait for hunting.
The use of electronic calls is currently illegal for turkey hunting. There is an exception which allows the use of electronic calls by people who possess permits for hunters with mobility-related disabilities. These rules would expand the exception so that electronic calls could also be used by people who are deaf.
Under current rules, it is illegal for the holder of agricultural damage shooting permit tags to charge any type of fee of people who receive the tags. The Department has learned of individuals, other than the permittee, charging fees for guiding services on agriculture damage permits or selling agriculture damage tags to other participants. This proposal would clarify that it is illegal for anyone to charge a fee for hunting in agricultural damage shooting permit situations.
