Section 29.014, Stats., grants the authority for the department to establish open and closed seasons, bag limits, size limits, rest days and other conditions for taking fish and game to conserve fish and game and ensure continued opportunities for good fishing, hunting and trapping. According to s. 29.335, Stats., the department shall promulgate rules regulating feeding of wildlife. In s. 29.617, Stats., authority is granted to the department to acquire, lease, develop and maintain public hunting and fishing grounds. In addition, general authority is granted by s. 227.11 (2) (a), Stats., to implement and interpret its statutory authority. 2. Statutory Authority: Sections 23.09 (2), 23.091, 23.11, 23.115, 23.117, 23.28, 23.305, 23.33, 27.01, and 29.014, Stats., authorize these rules. 4. Related Statutes or Rules: No related statutes or rules are currently being developed.
5. Plain Language Analysis: Chapter NR 45, Wis. Adm. Code, governs the conduct of visitors to the lands and facilities owned, eased, or leased by the department. The department reviews this chapter periodically. These rules update fee structures, vehicle and boat use regulations, camping rules and hours of operation, technology regulations, rules relating to the possession of animals, general property use rules and property-specific rules. These rules also streamline language, minimize redundancy and clarify existing provisions of administrative code. SECTION 1 of these rules expands the board’s policy on the use of public lands by extending an invitation to all people to use department lands for outdoor recreational activities.
SECTION 2 clarifies that friends groups may organize and support the mission and activities of the department as well as its properties, facilities and programs.
SECTION 3 maps areas closed for human health and safety reasons. The first subsection are areas closed to all hunting and trapping, and the second subsection are areas closed to all public access. The third subsection is closed to hunting and trapping except for special seasons as indicated, the fourth subsection is closed to hunting and trapping except for bowhunting, and trapping by special permit and the fifth subsection contains areas closed to hunting and open to trapping by special permit. The sixth and final subsection are hunting and fishing closures of fish hatcheries.
SECTION 4 simplifies the definition of an “adult group” for purposes of camping reservations.
SECTION 5 creates a definition of “air boat” to clarify the types of boats considered to be air boats, which would also include fan boats. This will not result in a change of department policy. This section also creates a definition of “boat-in campsite” which will replace “watercraft campsites.”
SECTION 6 amends the definition of backpack campsite to allow for the potential of site access by watercraft.
SECTION 7 creates a definition of “boat-in campsite” which will replace “watercraft campsites.”
SECTION 8 expands the definition of “camping” to include hammock camping.
SECTION 9 repeals the definition of camper day because it is addressed elsewhere.
SECTION 10 amends the definition of camping permit to include camping types that do not require a fee.
SECTION 11 repeals the word hammock from the definition of "camping unit," because it is no longer needed.
SECTION 12 defines “commercial use” and “designated use area.”
SECTION 13 expands the definition of “equine” to include other species and breeds of hoofstock that are considered to be equines and are used for the same purposes as the animals currently covered in the definition.
SECTION 14 expands the definition of a family to include legal guardians, and distinguishes standard campsites from backpack and boat-in campsites. This section also updates the name of a state forest so that it will be called the Governor Earl Peshtigo state forest as directed by the Natural Resources Board at its September 2019 meeting. Finally, this section simplifies the definition of occupied so that it is consistent at sites statewide.
SECTION 15 creates a definition to clarify that Kohler-Andrae state park technically consists of two separate state parks (Terry Andrae and John Michael Kohler State Parks) and defines "property master plan" consistent with ch. NR 44. SECTION 16 adds Governor Earl to the Peshtigo River property name in the list of northern forests, and elsewhere, consistent with the recent renaming of that property. This section also eliminates the list of specific properties from the definition of occupy.
SECTION 17 repeals the definition of “reservable remote camping” as it is no longer needed.
SECTION 18 establishes definitions for "reservation", "special property use", "standard boat-in campsite" and "state park system". This section also creates a definition for “stopover boat-in campsite” which is a site whose purpose is as a one-night stopover for paddlers on a water trail.
SECTION 19 repeals the definition of “teepee” because the department no longer has any of these.
SECTION 20 creates a definition of “ungulate,” which will be used to distinguish the activities allowed for equine animals from activities that would be prohibited for all hoofed mammals.
SECTION 21 repeals the definition of “watercraft campsite” because these sites have been given different names (SECTION 18).
SECTION 22 modifies the definition of a “water view campsite” so that special fees can be charged at northern as well as current southern forest campsites.
SECTION 23 renumbers and amends subsection NR 45.04 (1) to include prohibition of damage to natural growths and natural or archeological features, and references the exceptions, which will be reorganized into a separate collecting subsection in this rule (SECTION 32).
SECTION 24 reorganizes edible forage collection rules into a new collecting subsection and separates the stem collection provisions.
SECTION 25 repeals a note that is substantive and is being moved into a separate provision (SECTION 34).
SECTION 26 reorganizes and amends the provision relating to removal of invasive herbaceous plants to clarify that they may be removed without written permission.
SECTION 27 reorganizes the provisions relating to rocks, fossils and minerals into a new collecting subsection and clarifies that they may be collected with written permission of the property manager rather than a permit, which provides more flexibility to property managers and prospective collectors.
SECTION 28 allows the department to close gravel pits (as nonmetallic mines) on department managed lands to public access, until such time that they have completed the reclamation process.
SECTION 29 provides guidance on the closure of gravel pits on department lands.
SECTION 30 clarifies that the use of drones (unmanned aircraft systems) is regulated in the same way that other flying related activities are regulated.
SECTION 31 allows people engaged in dog training and trialing in accordance with chs. NR 16 and 17 to stock wild animals without written permission from the department. People engaged in dog training and trialing must already receive permission under chs. NR 16 and 17 to conduct those activities. SECTION 32 creates the title and introduction for the new collecting subsection.
SECTION 33 creates a note specifying where to find the list of non-restricted invasive species, and points to ch. NR 40 invasive species permit requirements for disposing of invasive plants in a manner other than leaving them where they are pulled or disposing of them onsite. The ch. NR 40 requirements aim to prevent the spread of viable invasive species to new areas. SECTION 34 reorganizes the provision on collection of stems for trapping purposes, establishes that both willow and aspen stems may be collected, and restricts the purpose of the collection to trap stakes and bait sticks, which are the two predominate uses. This section also allows collection of stems for these purposes without written permission from the property manager, as this type of collection is very limited in scope. This section also requires a person who wants to collect seeds from herbaceous or woody plants to obtain a seed collecting permit from the department, as restructured from the note which was repealed (SECTION 25). This section also allows a person to collect the clean skulls, antlers and bones of wild animals from department lands, as long as an open hunting season has been established for that species and the species is not otherwise covered by state and federal laws protecting them from collection and possession, such as endangered and threatened species and federally protected migratory birds.
SECTION 35 simplifies the list of locations with open hours.
SECTION 36 notes the hours of Kettle Moraine state forest - Lapham Peak, Whitefish Dunes state park and Havenwoods state forests.
SECTION 37 establishes a specific prohibition of going nude in public on department managed lands and defines nudity.
SECTION 38 establishes that, in addition to camping areas, a person who is expelled from a property is also prohibited from entering any other department managed lands, for 48 hours.
SECTION 39 prohibits anything other than human waste and toilet paper in toilets.
SECTION 40 provides additional criteria for unacceptable noise.
SECTION 41 establishes campground quiet hours from 11:00 p.m. to 6:00 a.m. and that, during those hours, a person may not make a noise at a level above that of a quiet conversation.
SECTION 42 clarifies that certain soliciting activities may be allowed by written agreement with the department and expands prohibition on destruction of property to include unauthorized interference of state or personal property. This section also adds “damage” and “deface” to the provision prohibiting destruction of property of others.
SECTION 43 notes examples of the types of state property.
SECTION 44 reorganizes the personal property provision to allow for trail cameras to be left on department property.
SECTION 45 establishes that trail cameras are not considered personal property for purposes of the prohibition on storing personal property on department land.
SECTION 46 replaces "dead and down" with "wood that is both dead and down" which may be gathered for campfires.
SECTION 47 establishes the policy for overnight use of trail cameras on department lands, specifying that cameras must be properly marked with the operator’s contact information, that camera placement and use cannot damage vegetation or department property and that cameras cannot be placed in such a way to monitor other property users in certain areas designated for public use.
SECTION 48 utilizes the definitions created in SECTIONS 12 and 18 for special property use and commercial use to allow the department to better address the spectrum of use requests inolving department lands.
SECTION 49 creates requirements for authorization of special property use.
SECTION 50 distinguishes terminology of "special event" and "special property use" consistent with other sections.
SECTION 51 specifies that proposals for special property use that are contrary to statute or administrative code require written authorization
SECTION 52 updates language to "special property use".
SECTION 53 clarifies that no person may operate any vehicle contrary to any posted traffic sign, other traffic control device, or traffic control officer.
SECTION 54 reorganizes and clarifies the default 25 mph speed limit and clarifies prohibition of unsafe operation and disorderly operation.
SECTION 55 repeals the speed limit provision (replaced by SECTION 54).
SECTIONS 56 to 60 update terminology consistent with statute and cross references related to electric bicycles, and reorganizes provisions to accommodate updates to terminology.
SECTION 61 repeals a note that is no longer relevant with the statutory creation of a definition of electric bicycle.
SECTION 62 requires operators of bicycles, electric bicycles, electric personal assistive mobility devices, and electric scooters to obey posted traffic sign, traffic control device and the direction of a traffic control officer.
SECTION 63 replaces "motor" with "electric" (consistent with statute updates that create a definition of electric bicycle) and prohibits unsafe operation of bicycles, electric bicycles, electric personal assistive mobility devices, and electric scooters.
SECTION 64 eliminates rule provisions associated with off-highway motorcycles that are no longer necessary due to the creation of separate off-highway motorcycle program.
SECTION 65 renames the Peshtigo River state forest as the Governor Earl Peshtigo River state forest as directed by the Natural Resources Board at its September 2019 meeting.
SECTION 66 breaks down cumbersome provisions into a more easily readable structure by stating all places that pets are not allowed and allowing additional no pet areas to be determined a the time of master planning. This section also allows the department to establish areas where pets may be allowed on-leash, off-leash, or both but under their owner’s or handler’s verbal control. This will allow the department to provide areas where people can bring pets to recreate and balance the needs of different user groups. This section also requires a leash be a physical leash that is attached to a pet, in areas where pets are allowed but leashes are required.
SECTION 67 specifies that no person may allow a pet on cross-country ski trails that are groomed or being prepared for grooming.
SECTION 68 eliminates the prohibition of pets in observation towers (moved to SECTION 66).
SECTION 69 replaces "family" with "standard" campsite consistent with updated definitions in SECTION 14.
SECTION 70 repeals several property-specific prohibitions that are no longer needed due to the overall revision of pet regulations.
SECTION 71 specifies that all ungulates rather than just equines are prohibited from being on beaches, posted or marked hiking trails, nature trails, picnic areas, non−equine campgrounds, or contrary to posted notice on the northern state forests or the Turtle−Flambeau scenic waters area. These are higher-use public areas on which user conflicts would likely arise with the presence of these animals. This section also expands the rules on riding animals on certain public lands to all equine animals, llamas and alpacas. While these animals are generally prohibited on department lands, they may be ridden or led on public highways, areas open to public vehicle use, areas and trails open to their use, and by permit on field trial areas.
SECTION 72 replaces “horse” with “equine animal” and adds llamas and alpacas to the provision prohibiting a person from recklessly riding or leading an animal on department lands in a way that would risk public health and safety.
SECTION 73 prohibits feeding wildlife in certain high-use areas on department lands. Feeding wildlife in these areas can lead to unsanitary conditions and potentially pose public safety issues relating to human-wildlife conflicts.
SECTION 74 prohibits the use of sky lanterns or airborne paper lanterns in order to reduce fire risks associated with those devices, and prohibits the release of balloons.
SECTION 75 removes "charcoal" from the word grill, adds on docks or piers in waters adjacent to any Great Lakes shoreline zone. This section also includes fire rings on the list of exceptions.
SECTION 76 prohibits shooting bows and crossbows across a campground.
SECTION 77 revises existing regulations at department-managed shooting ranges. Prohibits certain types of targets unless specifically permitted at a range and prohibits being impaired by an intoxicant or other controlled substance while shooting.
SECTION 78 prohibits the use of firearms other than handguns at handgun ranges, prohibits shooting from anywhere other than designated position or firing line, and prohibits armor piercing, tracer, incendiary, and .50 BMG ammunition in order to extend the service of range backstops and reduce closures for maintenance.
