According to s. 29.604 (6) Stats., endangered species permits may only be issued for zoological, educational or scientific purposes or for propagation of such wild animals and wild plants in captivity for preservation purposes. Falconry is a recreational activity so an endangered species permit cannot be issued. Administrative code established a wildlife rehabilitation advisory council which assists the department with development of wildlife rehabilitation examinations, facility inspections, and recommendations which may be used in department decision making as it pertains to wildlife rehabilitation, wildlife health, or captive wildlife activities. This council has been changed to an advisory committee, similar to the species advisory committees that advise the department on a variety of wildlife management issues.
10. Analysis and Supporting Documents Used to Determine the Effect on Small Business or in Preparation of an Economic Impact Report: These rules, and the legislation which grants the department rule-making authority, do not have fiscal effects on the private sector or small businesses. No costs to the private sector or small businesses are associated with compliance to these rules.
11. Effect on Small Business (initial regulatory flexibility analysis): 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.
12. Agency Contact Person: Scott Karel, 101 South Webster Str., PO BOX 7921, Madison, WI 53707-7921. (608) 267-2452, scottr.karel@wisconsin.gov. 13. Place where comments are to be submitted and deadline for submission:
Written comments may be submitted at the public hearings, by regular mail, fax or email to:
Scott Karel
Department of Natural Resources
P.O. Box 7921
Madison, WI 53707
608-267-2452
608-267-7857 (fax)
Comments may be submitted to the department contact person listed above or to DNRAdministrativeRulesComments@wisconsin.gov until the deadline given in the upcoming notice of public hearing. The notice of public hearing and deadline for submitting comments will be published in the Wisconsin Administrative Register and on the department’s website, at https://dnr.wi.gov/calendar/hearings/. Comments may also be submitted through the Wisconsin Administrative Rules Website at https://docs.legis.wisconsin.gov/code/chr/active. RULE TEXT
Section 1 NR 8.51 (16) is amended to read:
(16) “Wildlife-related violation" has the meaning given in s. 29.03 (2) (s), Stats., and includes any violation of ch. 29, Stats., or chs. NR 10 to 28, invasive species violation, or a similar violation committed in a participating state, except that violations involving a captive wild animal subject to regulation under ch. 169, Stats., may not be considered a wildlife-related violation for the purposes of this subchapter.
Section 2 NR 10.001 (10g) is amended to read
(10g) “Firearm season" means an open season for hunting with any of the following firearms loaded with a single slug or ball: rifle, muzzle-loader, shotgun or handgun for deer or bear hunting described in s. NR 10.09 (1) (c) 1. C s. NR 10.09 (1). Section 3 NR 10.01 (2) (f) 3. and 4. a. are amended to read:
3. Wild turkey hunting zones 1−5, as described in s. NR 10.29 and the Mill Bluff state park portion of zone 1, excluding all other state parks, for which a quota has been established under s. NR 10.25 (5). | Fall season reopening on the Saturday immediately preceding the Thanksgiving holiday and continuing through December 31 the Sunday nearest January 6th. | The bag limit is one male or one female turkey for each wild turkey harvest authorization issued under s. NR 10.25. |
4. Youth turkey hunt.
a. Persons under the age of 16 years of age who possess a valid wild turkey harvest authorization issued for the current license year, and all necessary ch. 29, Stats., approvals may hunt turkeys for 2 consecutive days starting on the Saturday immediately preceding the beginning of the spring turkey hunting season established in subd. 1. in the turkey management zone for which the harvest authorization was issued. The bag limit is one male or bearded turkey for each wild turkey harvest authorization issued under s. NR 10.25, except that no hunter may harvest more than one turkey during this season. Hunters shall be accompanied by an adult 18 years of age or older and comply with s. 29.592, Stats. One adult may not accompany more than 2 hunters and pursuant to s. 29.592, Stats., not more than one of the 2 hunters may be age 10 or 11, or be a person who does not possess a certificate of accomplishment under s. 29.591, Stats., or its equivalent from another state, country or province. All other spring turkey hunting regulations apply. Section 4 NR 10.01 (3) (c) 2. c. is repealed.
Section 5 NR 10.08 (6) Note is renumbered to NR 10.04 (3) Note.
Section 6 NR 10.09 (1) (d) is amended to read:
(d) Hunt a deer during a muzzleloader-only hunt, such as described in s. NR 10.01 (3) (es), with any gun other than a rifle, shotgun, or handgun that is a firearm with a solid breech plug attached with threads and capable of being loaded only from the muzzle through the use of a ramrod.
Section 7 NR 10.104 (8) (b) is amended to read:
(b) Bonus antlerless permits for farm owners. Eligible resident farm owners under s. 29.181, Stats., will receive one free bonus antlerless deer permit for each bonus antlerless deer permit they purchase if requested at the time of purchase. When there are joint owners or vendee names under a land contract, only one of the owners or vendees is eligible for the free bonus permits. The free permit shall be valid for the same type of land, either public access or private as defined in s. NR 10.001 (23a) and (23b) as the one that was purchased only on private lands as defined in NR 10.001 (23a). To be an eligible farmer under this section, a majority of the land shall be used on a commercial agricultural basis, to produce income.
Section 8 NR 10.105 (4) (g) is amended to read:
(g) Antlers with no tissue attached except for velvet on antlers when possession of the velvet antlers is authorized pursuant to s. 29.347 (3) (b), Stats.
Section 9 NR 10.105 (4) (g) Note is repealed.
Section 10 NR 10.105 (6) (f) is amended to read:
(f) Antlers with no tissue attached except for velvet on antlers when possession of the velvet antlers is authorized pursuant to s. 29.347 (3) (b), Stats.
Section 11 NR 10.105 (6) (f) Note is repealed.
Section 12 NR 10.15 (6) is amended to read:
(6) Waterfowl season. No person may hunt waterfowl within 75 yards of the south boundary of the Horicon national wildlife refuge boundary during the open season for hunting waterfowl. For purposes of this section, the placement of decoys or shooting at waterfowl which are located within the 75-yard zone immediately outside of the refuge are allowed as long as the hunter does not discharge a firearm, crossbow, or bow and arrow from within that area when shooting at waterfowl. Legally killed or crippled waterfowl may be retrieved by dog or hand within the closed area.
Section 13 NR 11.07 (6) (a) is repealed and recreated to read:
(6) GREEN LAKE AND MARQUETTE COUNTIES.
(a) Grand River Marsh.
Section 14 NR 12.001 (1m) is created to read:
(1m) “Damage" means physical harm to forest products; streams; roads; dams; buildings; orchards; apiaries; livestock; and commercial agricultural crops, including Christmas trees and nursery stock. “Damage” includes flooding and culvert blockages caused by a beaver or muskrat.
Section 15 NR 12.06 (4) is amended to read:
(4) Licenses, stamps and permits. The permittee and participants are not required to possess the appropriate state hunting license or backtag harvest authorization for deer, unless otherwise required as a condition of the permit.
Section 16 NR 12.10 (1) (a) 6. is created to read:
6. Discharge a firearm from within 50-feet of a roadway center to shoot beaver or muskrat that are causing damage to a highway. Authorization may only be issued to an agent of a city, village, town or county if the discharge of a firearm does not pose a risk to public safety.
Section 17 NR 12.10 (1) (b) 2. is amended to read:
2. Live-trap and relocate any wild animal, except white-tailed deer, elk, black bear or any wild animal classified as endangered or threatened under s. NR 27.03, or any animal classified as a harmful wild animal under s. NR 16.11, to open unenclosed lands not controlled by the department with the permission of the owner. Animals must be relocated in an area where there is adequate habitat and cover to support survival of the animal. Pursuit of animals released under this subdivision by dogs may not occur in an area where a wild animal has been released for a period of 2 hours after release of the animal, except dogs may be released to pursue raccoons at anytime after the raccoon has reached cover by climbing a tree or pole to a height of at least 10 fee.
Section 18 NR 12.15 (11) (b) is amended to read:
(b) Bear damage shooting permits. Participants shall possess a current Class A hunting license or any valid license authorizing hunting with a firearm when engaged in bear damage shooting permit activities, such as hunting or baiting.
Section 19 NR 17.08 (3) (c) is amended to read:
(c) Bear dog trialing. Except where prohibited by s. NR 45.06, an individual may use dogs to pursue wild bear without a leash from July 1 to August 31 and at times when the season for hunting bears is open in places where it is legal to hunt bear with aid of dogs provided the individual possesses a class A or B bear license issued under s. 29.184, Stats., or is exempt under s. 29.184 (5), Stats., and: Section 20 NR 17.08 (3) (c) Note is repealed.
Section 21 NR 18.12 (14) is amended to read:
(14) CAPTIVE REARED RAPTORS. A raptor hatched and reared in captivity, and banded with a seamless metal band provided by the fish and wildlife service, may be used for falconry. The raptor may also have an implanted ISO-compliant (134.2 kHz) microchip. A falconer using a species that is state or federally endangered shall have an endangered species permit to cover all activities including possession, regardless of whether the species is wild or captive-bred. A falconry permit does not serve as a substitute.
Section 22 NR 19.51 is amended to read:
NR 19.51 Wisconsin cooperative trapper education program fee. The fee for the course of instruction under the Wisconsin cooperative trapper education program shall be $12.00 per student. The fee for correspondence trapper education certification program shall be $12.00 per student for correspondence programs that require in-state mailing of course materials and shall be $28.00 per student for correspondence programs that require out-of-state mailing of course materials. In addition to the fees established in this section, for correspondence courses, each student shall pay a $17.00 deposit that shall be refunded when the course materials are returned. The fee for a duplicate copy of a trapper education course certificate of accomplishment is $2.75. The fee for advanced trapper education courses shall be that amount needed to pay for the cost of the course, but not to exceed $50.00 per student. Only instructors who are certified by the department to teach trapper education courses under s. 29.597, Stats., may charge a fee for a trapper education course established under s. 29.597, Stats.
Section 23 NR 19.82 is repealed.
Section 24. Effective Date. This rule takes 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 25. Board adoption. This rule was approved and adopted by the State of Wisconsin Natural Resources Board on [DATE].
Dated at Madison, Wisconsin _____________________________.
STATE OF WISCONSIN
DEPARTMENT OF NATURAL RESOURCES
BY ______________________________________
For Adam N. Payne, Secretary
