ORDER OF THE STATE OF WISCONSIN NATURAL RESOURCES BOARD
REPEALING, RENUMBERING, AMENDING, REPEALING AND RECREATING AND CREATING RULES
The Wisconsin Natural Resources Board proposes an order to repeal NR 10.01 (3) (c) 2. c., 10.105 (4) (g) Note and (6) (f) Note, 17.08 (3) (c) Note and 19.82; to renumber NR 10.08 (6) Note; to amend NR 8.51 (16), 10.001 (10g), 10.01 (2) (f) 3. and 4. a., 10.105 (4) (g) and (6) (f), 10.09 (1) (d), 10.104 (8) (b), 10.15 (6), 12.06 (4), 12.10 (1) (a) 4., 12.15 (11) (b), 17.08 (3) (c), 18.12 (14), and 19.51; to repeal and recreate NR 11.07 (6) (a); and to create NR 12.001 (1) (m) and 12.10 (1) (a) 6.; relating to the 2021 Bureau of Wildlife Management housekeeping rule |
WM-09-21
Analysis Prepared by the Department of Natural Resources
1. Statute Interpreted, Statutory Authority and Explanation of Agency Authority: The chapter on wild animals and plants, in s. 29.014, Stats., “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 trapping and hunting regulations. Under s. 29.164 (2) (a), Stats., the department is prohibited from requiring the possession or validation of a turkey carcass tag. In s. 29.164 (2) (c) 2., Stats., and in numerous other locations the term “authorization” is established as an alternative to “carcass tag” related to turkey hunting. In the s. 29.347 (2) Stats., provisions establishing that the department shall require the possession or validation of a deer carcass tag are eliminated.
Section 29.181 (2) (m), Stats., allows the department to establish by rule free bonus antlerless permits to eligible resident farm owners. Additionally, s. 29.885, Stats., grants the department the authority to remove or authorize the removal of a wild animal that is causing damage or that is causing a nuisance. 4. Related Statutes or Rules: There are no current active related rules.
5. Plain Language Analysis:
Section 1 amends the definition of “wildlife-related violation” to include invasive species violations.
Section 2 corrects a deleted reference to administrative code.
Section 3 corrects the closing date of the fall turkey season to match state statute and clarifies that youth turkey hunters may only harvest a single turkey during the youth turkey season.
Section 4 deletes the year-long open cottontail rabbit season in Milwaukee County.
Section 5 moves a note related to pigeons to a more appropriate place in administrative code.
Section 6 amends the definition of a muzzleloading firearm.
Section 7 clarifies that free antlerless bonus permits for farmers are only valid on private lands.
Sections 8-11 delete statutory references to restrictions on velvet antler possession that have been repealed.
Section 12 clarifies that the prohibition on hunting within seventy-five yards of the boundary of the Horicon Marsh Wildlife only applies on department lands.
Section 13 updates the Grand River Marsh refuge boundary.
Section 14 incorporates the statutory definition of damage into administrative code.
Section 15 replaces the term “back tag” with “harvest authorizations.”
Section 16 authorizes an agent of a city, village, town or county to discharge a firearm from within 50-feet of a roadway center to shoot beaver or muskrat that are causing damage to a highway.
Section 17 clarifies that animals live trapped and relocated on private property must be put in an area with suitable habitat to ensure survival.
Section 18 allows individuals who possess any valid firearm hunting license to engage in bear damage shooting permit activities such as hunting or baiting.
Sections 19 - 20 delete an invalid statutory reference.
Section 21 deletes language which requires falconers to hold endangered species permits.
Section 22 deletes language which establishes a fee for duplicate copy of the trapper education course certification of accomplishment. It also deletes language which caps the cost of the advanced trapper education course.
Section 23 deletes language which establishes a wildlife rehabilitation advisory council since the council has been changed to an advisory committee.
6. Summary of, and Comparison with, Existing or Proposed Federal Statutes and Regulations:
States possess inherent authority to manage the wildlife resources located within their boundaries, except insofar as preempted by federal treaties and laws, including regulations established in the Federal Register. None of these rule changes violate or conflict with the provisions established in the Federal Code of Regulations.
7. If Held, Summary of Comments Received During Preliminary Comment Period
and at Public Hearing on the Statement of Scope: The department held a virtual preliminary public hearing on the statement of scope on Thursday, December 16, 2021 at 1:00 p.m. Only one member of the public attended the hearing. This individual represented the WI Coon Hunters Association and the WI Association of Sporting Dog Clubs. They expressed interest on what would be changed regarding the item that would update the list of animals causing damage or nuisance that may be live-trapped and relocated without written authorization from the department and whether it would apply to raccoons. No members of the public submitted written comments on the scope statement during the open comment period.
8. Comparison with Similar 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 that are established based on needs that are unique to that state’s resources and public desires. Also, all of Wisconsin’s neighboring states have established management units for the purpose of managing deer populations.
9. Summary of Factual Data and Analytical Methodologies Used and How Any Related Findings Support the Regulatory Approach Chosen:
2017 Wisconsin Act 63 created a uniform closing date for certain hunting and trapping seasons, including the fall turkey season.
Current rule language allows youth turkey hunters to harvest multiple turkeys during the two-day youth turkey season. This rule would amend the language so that only one bird may be harvested during the season.
Administrative code currently grants Milwaukee County a continuous, year-round open rabbit season. This is misleading because people have very limited access to hunt legally in Milwaukee County. In addition, most municipalities in Milwaukee County have restrictions on the use of firearms and air guns in their jurisdiction. Deleting this language will reduce confusion in the hunting regulations. Private landowners would still be allowed to harvest under the private landowners exemptions year round.
In order for a firearm to qualify for use during the muzzleloader deer season it must have a solid breach plug attached with threads. Recent advancements in firearm technology have made this requirement no longer necessary. This rule removes that requirement.
Eligible resident farm owners are eligible to receive one free bonus antlerless deer permit for each bonus antlerless deer permit they purchase if requested at the time of purchase. That free bonus permit is valid on either public or private lands. This rule would now only allow the free permit to be valid on private lands.
A closed area to hunting exists with 75 yards of the boundary of Horicon national wildlife refuge. This rule clarifies that this closed area only exists on the south boundary of the marsh where the lands owned by the state and federal government meet.
2021 Wisconsin Act 62 created an additional exception to the prohibition on the use of a firearm near a roadway. Specifically, the act authorizes the department, or an agent of a city, village, town, or county who is authorized by the department, to discharge a firearm within 50 feet of the center of a roadway to dispose of a beaver or muskrat that is causing damage to a highway in which the roadway is located, if the firearm discharge does not pose a threat to public safety. Section 29.184 (5), Stats., was repealed by 2015 Wis. Act 55, which eliminated the Class B bear license. Prior to the Act, only individuals with a Class A or B bear license could participate in Agriculture Damage and Nuisance Bear Shooting Permits. An unintended consequence of the Act was that hunter participation in Agriculture Damage and Nuisance Bear Shooting Permits was reduced to only individuals who possess a Class A bear license, which greatly limited the ability of hunters to assist permit holders in removing bear causing a nuisance or damage. This change would someone with a gun deer or small game license to participate in a bear shooting permit.
