Order of the State of Wisconsin Natural Resources Board
Repealing, Amending, Repealing and Recreating, and Creating Rules
The Wisconsin Natural Resources Board proposes an order to repeal NR 10.001 (17) and (18), 10.01 (4) (d) 2., 10.145 (2) (c), 10.25 (4) (a), 11.031 (11), 11.09 (2), and 19.025 (3) (d); and to amend NR 10.01 (c) (a), (d) 1. and (f), 10.145 (2) (a), 10.25 (1) (Intro.) and (e), and 12.05 (1); to repeal and recreate NR 10.01 (4) (dm), 10.04 (2), 10.09, 10.11 (1), 10.12 (5), and 10.36; and to create NR 10.01 (3) (ex) 3., 10.38, 15.022 (2) (a), and 15.022 (11), the 2017 wildlife management spring hearing rule related to hunting, trapping, refuges and closed areas, and wildlife nuisance control
WM-03-17
Analysis Prepared by the Department of Natural Resources
Statutory Authority and Explanation of Agency Authority: The chapter on wild animals and plants, in s. 29.014, “rule making for this chapter”, establishes that the department shall maintain open and closed seasons for fish and game and any limits, rest days, and conditions for taking fish and game. This grant of rule-making authority allows the department to make changes related to deer, turkey, pheasant, and fisher seasons as well as allow hunting of collared doves. Additionally, this authority allows the department to simplify the zone configurations for fisher and otter management. Finally, this authority allows the department to establish or eliminate restrictions for education activities commonly referred to as learn-to-hunt events. Related to learn to hunt events, the department’s proposal may also interperet s. 29.197 which is the statute that establishes special educational events where certain hunting regulations may be waived. Sections 23.095, 23.11 and 29.014, Stats. allow for the protection of natural resources, establish general department powers, and authority to establish hunting regulations on department managed lands and managing refuge areas. The ability to establish, modify or eliminate game refuges is authorized in s. 23.09 (b) relating to the department’s ability to designate locations reasonably necessary for the purpose of providing safe retreats in which birds may rest and replenish adjacent hunting grounds. Statutes Interpreted and Explanation: The chapter on wild animals and plants, in s. 29.014, “rule making for this chapter”, establishes that the department shall maintain open and closed seasons for fish and game and any limits, rest days, and conditions for taking fish and game. Related to learn to hunt events, the department’s proposal may also interpret s. 29.197 which is the statute that establishes special educational events where certain hunting regulations may be waived. Sections 23.095, 23.11 and 29.014, Stats. allow for the protection of natural resources, establish general department powers, and authority to establish hunting regulations on department managed lands and managing refuge areas. The ability to establish, modify or eliminate game refuges is authorized in s. 23.09 (b) relating to the department’s ability to designate locations reasonably necessary for the purpose of providing safe retreats in which birds may rest and replenish adjacent hunting grounds. Related Statute or Rule: There are no directly related rules currently being promulgated and no recently enacted statutory direction.
Plain Language Rule Analysis: These rule changes will be the subject of voting at the 2017 spring fish and wildlife hearings held in each county. Specifically these rules would:
Section 1 repeals definitions for terms that are no longer used in a substantive way in the chapter.
Section 2 establishes that the pheasant, Hungarian partridge, and fall turkey seasons will be open through the New Year’s Holiday weekend instead of closing on December 31.
Section 3 creates an option for county deer advisory councils to recommend extending the archery and crossbow deer seasons through January in farmland zone counties where a holiday firearm season has also been recommended.
Sections 4 and 14 eliminate the central otter zone so that there would be only a north and a south zone which are divided by State Hwy. 64.
Sections 5, 10 and 15 simplify the fisher management zone configuration so that there will be only a north and a south zone which are divided by State Hwy. 64. This section also establishes that the fisher trapping season will be open through the New Year’s Holiday weekend instead of closing on December 31.
Section 6 establishes that Eurasian collared doves are an unprotected species.
Sections 7 to 9 and 13 simplify firearm, bow, and ammunition requirements for hunting by repealing outdated provisions and consolidating information in one location.
Section 11 repeals the otter population management goal.
Section 12 establishes that the department can issue fall turkey hunting licenses over-the-counter, without utilizing a drawing process, for fall seasons when all hunters will receive a license.
Section 16 eliminates the Wolf River refuge in the town of Wolf River in Winnebago County consistent with a recently completed master plan’s recommendation to evaluate its effectiveness. This refuge is also commonly known as the Rat River refuge.
Section 17 eliminates the beaver and otter trapping closed area at Van Loon Wildlife Management Area and some adjacent privately owned lands in La Crosse County.
Section 18 establishes that monk parrots causing depredation can be removed without the need for permission from the department or a hunting or trapping license.
Sections 19 and 20 reduce the size of the wildlife refuge at Theresa Marsh Wildlife Management Area in Washington and Dodge counties, consistent with the recommendation of a recently concluded management planning process.
Section 21 repeals the one time limit on participation in learn-to-hunt events conducted under the authority of Ch. NR 19 where seasons, licensing, and other requirements can be waived. Federal Regulatory Analysis: Federal regulations allow states to manage the wildlife resources and lands located within their boundaries provided they do not conflict with regulations established in the Federal Register. None of these rule changes violate or conflict with the provisions established in the Federal Code of Regulations.
Comparison with rules in Adjacent States: These rule change proposals do not represent significant policy changes and do not differ significantly from surrounding states. All surrounding states have regulations and rules in place for the management and recreational use of wild game and furbearer species and for the use of state owned lands for public hunting which are established based on needs that are unique to those state’s resources and public desires.
