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Order of the State of Wisconsin Natural Resources Board
Repealing, Renumbering and Amending, Amending, and Creating Rules
The statement of scope for this rule, SS 140-15, was approved by the Governor on December 17, 2015, published in Register No. 720B on December 28, 2015 and approved by the Natural Resources Board on January 27, 2016. This permanent rule was approved by the Governor on March 7, 2017.
The Wisconsin Natural Resources Board proposes an order to repeal Ch. NR 10.11 (6); to renumber and amend NR 45.09 (2) (a); and to amend NR 10.06 (Index), 10.06 (title), (1), (2) (title), (a) (intro.) and (b), (5) (intro.), (6) (intro.), and (7) to (9), 10.07 (2) (b) 3. and 4., 10.12 (3) (d), 10.22 (3) (d), 10.23 (4) (b) and (6) (b), 10.24 (4) (f) and (6) (b), (c) (intro.) and (d), 10.275 (2), 13.30 (2) (f), 13.42 (3), 18.04 (Note), and 45.04 (2) (a) 2.; and to create NR 45.09 (2) (a) 1. to 4., (d), (e) and (Note), the wildlife management spring hearing rule related to tree stand use on department managed lands and shooting hours.
WM-02-16
Analysis Prepared by the Department of Natural Resources
Statutory Authority and Explanation of Agency Authority: Related to the overnight placement of tree stands on department managed lands, the agency is generally charged with the care, protection, and supervision of state lands by s. 23.11 Stats. Under s. 23.09 (2) (d) related to conservation and department lands, the agency is directed to provide an adequate and flexible system for the use of outdoor resources in this state and may promulgate such rules as are necessary.
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 establish the periods of time during the day when hunting is allowed.
Statutes Interpreted and Explanation: Related to the overnight placement of tree stands on department managed lands, the agency is generally charged with the care, protection, and supervision of state lands by s. 23.11 Stats. Under s. 23.09 (2) (d) related to conservation and department lands, the agency is directed to provide an adequate and flexible system for the use of outdoor resources in this state and may promulgate such rules as are necessary.
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 establish the periods of time during the day when hunting is allowed.
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 were the subject of voting at the 2016 spring fish and wildlife hearings held in each county. Specifically these rules would:
Sections 1 to 3 and 5 to 13 replace the words “hunting hours” with “shooting hours” in all locations where the legal times for taking game are established or referenced.
Section 4 repeals a cross reference to the hunting hours for elk which may be superfluous language considering that similar cross references to the section establishing all hunting hours are not found where the regulations for other species are established.
Sections 14 to 17 allow the unattended, overnight placement of portable stands and blinds on department owned and managed lands in areas North of State Highway 64 from September 1 through the following January 31.
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.
Summary of Factual Data and Analytical Methodologies: Currently the overnight, unattended placement of tree stands and ground blinds for hunting is not allowed on department managed lands. This regulation is designed to prevent the “staking out” or making advance claims to hunting locations in favor of a first-come-first served practice. However the overnight placement of stands is allowed on many other public lands which are not managed by DNR and may also be practical on department lands.
Allowing stands to remain placed overnight would provide the convenience of not having to carry and place a tree stand or blind for each hunt. This may especially be appreciated by what is an aging demographic of hunters. Some hunters have observed that competition for hunting locations in areas north of Hwy. 64 is already reduced compared to times when people felt that deer were more abundant.
Hunters would be limited to the placement of two stands or blinds placed in a county.
Under these rules, unattended tree stands would need to be marked with the owner’s department customer identification number or name and address. It would be illegal to cause damage to a tree, but careful pruning of limbs less than 1 inch in diameter would not be considered causing damage to the tree the stand is placed in. This would not permit cutting trees, brush and other vegetation for shooting lanes.
The department would survey hunter’s opinions and evaluate concerns that are identified during the trial period.
In statewide voting on a comparable advisory proposal at 2015 spring fish & wildlife hearings, voting was supportive with results of Ayes, 1,814; Noes, 1,687. The county vote included 45 in support, 26 opposed, and a tie in one. For counties with area north of State Hwy 64, support was stronger and included 15 in support, 5 opposed, and a tie vote in one.
For many species, the department has established “hunting hours” so that the times of day when hunting can occur are limited. Typically, hunting is only allowed from 30 minutes before sunrise until 20 minutes after sunset. For clarity of meaning, these rules would change the way the department describes the times of day when hunting is allowed for certain species, identifying them as “shooting hours” rather than “hunting hours”. In some people’s view this would, for instance, clarify that it is legal to remain in a hunting blind or stand after hunting hours in order to observe game or prevent spooking game from an area as long as the person does not shoot.
Anticipated Private Sector Costs and Economic Impact of Implementing the Rule: No private sector costs or economic impacts are anticipated. The hunting regulations proposed in this rule related to the times when hunting is allowed and the use of department managed lands will not be significantly different those in place during previous seasons. These rules are applicable to individual hunters and impose no compliance or reporting requirements for small business, nor are any design or operational standards contained in the rule.
Pursuant to the Governor’s Executive Order 50, Section II, this is a level 3 economic impact analysis for this permanent rule. A notice for Solicitation of comments on this analysis was posted on the department’s website and the state’s administrative rules site on February 26 2016. No comments were received.
Effects on Small Business: No effects on small businesses are anticipated. The hunting regulations proposed in this rule related to the times when hunting is allowed and the use of department managed lands will not be significantly different those in place during previous seasons. These rules are applicable to individual hunters and impose no compliance or reporting requirements for small business, nor are any design or operational standards contained in the rule.
Agency Contact Person: Scott Loomans, 101 South Webster St., PO BOX 7921, Madison, WI 53707-7921. (608) 267-2452, scott.loomans@wisconsin.gov
Deadline for Written Comments: The deadline for written comments was April 11, 2016
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