The holder of the Conibear® trademark contacted the WI Department of Justice requesting that the DNR remove the term ‘Conibear’ from administrative code, and replace it with a more generic term, such as ‘body-gripping trap’, to protect their trademark name.
Fence standards for captive wolf, wolf-dog hybrids, and coyote are currently the same as for cougar, bobcat, and lynx (i.e., 10 feet tall with an additional 4 feet at the top slanted in at a 30-45° angle). Canines are unlikely to climb fences, so this rule seeks to reduce fence standards for captive canines to reflect their likely behavior. The new fence standards that would be in place under this rule would be the same as current rules for captive bear (i.e., 8 feet tall with an additional 3 feet at the top slanted inward at a 30-45° angle). These rules also exempt wolf-dog hybrids from the perimeter fence requirement that applies to some harmful wild animals and makes the pen standard for wolf-dog hybrids consistent with true wolves, a species for which there is no perimeter fence requirement.
Anticipated Private Sector Costs and Economic Impact of Implementing the Rule: These rules, and the legislation which grants the department rule making authority, do not have a significant fiscal effect on the private sector or small businesses. These rules are applicable to individual sportspersons and impose no compliance or reporting requirements for small business, nor are any design or operational standards contained in the rule.
The proposed rule changes are not expected to significantly influence the spending activities or hunting and trapping activity of hunters, trappers, dog trainers, or other outdoor enthusiasts. Correspondingly, no related economic impacts are anticipated.
Effects on Small Business: These rules are applicable to individual sportspersons and impose no compliance or reporting requirements for small businesses, and no design standards are contained in the rule.
This rule includes a proposal that would simplify the process by which private sector waste haulers are able to dispose of deer waste from the CWD Management Zone. This proposal is expected to reduce costs for private business because they will be able to find local, cost effective methods for disposal rather than transporting waste to one of the two landfills within the CWD management zone which accept deer waste. The department currently has authority to make exceptions on a case-by-case basis and has granted exemptions, so actual economic benefits will be minor.
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 227.24 (3m).
Agency Contact Person: Scott Loomans, 101 South Webster St., PO BOX 7921, Madison, WI 53707-7921. (608) 267-2452, scott.loomans@wisconsin.gov Comment Period: The deadline for written comments was June 29, 2016
Section 1. NR 10.001 (5v) is amended to read:
NR 10.001 (5v) "Colony trap" means an enclosure device designed to allow the capture of one or more fur-bearing animals in a single setting as a drowning set. Entrance to the device is gained by one or more one-way entrances with overall dimensions of the trap not to exceed 6 6.5 inches in width, 6 6.5 inches in height and 36 36.5 inches in length.
Section 2. NR 10.105 (4) (j) is created to read:
NR 10.105 (4) (j) Deer carcasses transported by a licensed solid waste transporter regulated under s. NR 502.06 Wis. Admin. Code or by a person who is under contract with the department to transport deer killed by vehicles for disposal in a landfill. Section 3. NR 10.40 (3) (a) 1. and (e) are amended to read:
NR 10.40(3)(a)1.1. All applications to conduct a special gun deer hunt shall be on department forms and be submitted to the designated department office for the county within which the hunt will be conducted by June 1 by the date established by the department on the form. NR 10.40(3)(a)2.
(e) Hunter participation limits. The department may not authorize a special gun deer hunt if the number of participating hunters is less than 3 or if the hunter density will exceed 2 per 40 acres of land described on the application.
Section 4. NR 11.10 (intro) and (note) are amended to read:
NR 11.10 Marten protection [closed] closed areas. A closed season is established in the following areas posted with department signs. No person may trap any species of wild animal thereon at any time unless using cage or box traps or cable restraints in compliance with s. NR 10.13, except that steel jawed traps, enclosed trigger traps, snares, or body-gripping traps of the conibear type as authorized under s. NR 10.13 may be used as water sets during the open seasons established in s. NR 10.01 (4). NR 11.10 NoteNote: The bracketed language was dropped from CR 08-011 without being shown as stricken. The department intends to reinsert the dropped language in a future rule order. Section 5. NR 16.30 (9) (b) is amended to read:
NR 16.30 (9) (b) Perimeter fence. An outdoor housing facility for harmful wild animals other than mute swans, wolf-dog hybrids and wild or feral swine shall be enclosed by a perimeter fence that is at least 8 feet high. Fences less than 8 feet high may be approved by the department. An outdoor housing facility for wild or feral swine shall be enclosed by a perimeter fence that is at least 4 feet high not including any portion of the fence that is buried. The fence shall be constructed so that it protects the enclosed species by restricting unauthorized humans from having contact with the enclosed species. It shall be of sufficient distance from the outside wall or fence of the primary enclosure to prevent physical contact with captive wild animals inside the enclosure. Fences less than 3 feet in distance from the primary enclosure may be used if approved by the department. A perimeter fence is not required if any of the following apply:
Section 6. NR 16.30 (9) (b) 3. and 4. are repealed.
Section 7. NR 16.30 (9) (c) is amended to read:
NR 16.30 (9) (c) 1. Bear, wolf, wolf-dog hybrid, and coyote pens with open tops shall be a minimum of 1000 square feet. The walls shall be a minimum of 8 feet in height with an additional 3 feet at the top slanted inward at a 30 to 45 degree angle.
2. Cougar, bobcat, and lynx, timber wolf, wolf-dog hybrid, and coyote pens with open tops shall be a minimum of 1000 square feet. The walls shall be a minimum of 10 feet in height with an additional 4 feet at the top slanted in at a 30° to 45° angle. This section applies to owners of wolf-dog hybrids beginning on January 1, 2014.
Section 8. Effective Date. This rule shall take effect on the first day of the month following publication in the Wisconsin Administrative Register as provided in s. 227.22 (2) (intro.), Stats. Section 9. Board adoption. This rule was approved and adopted by the State of Wisconsin Natural Resources Board on January 25, 2017.
