CR 13-071 Rule Text

This is not a complete estimate of economic impacts but, rather, a summary which indicates that these rules will have no or minimal economic effects. The final economic analysis for these rules includes a description of the specific impacts of deer and deer hunting in this state based on surveys and research done by the department and other state and federal agencies. However, even though significant research exists, the impact of wild deer on the environment and to people under various conditions cannot be anticipated with exact precision. The final analysis includes significant narrative descriptions of anticipated economic impacts.

Anticipated Private Sector Costs: These rules, and the legislation which grants the department rule making authority, do not have a significant fiscal effect on the private sector. Additionally, no costs are associated with compliance to these rules.

Effects on Small Business: These rules are applicable to individual sportspersons and impose no compliance or reporting requirements for small businesses, and no design or operational standards are contained in the rule. 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 227.114(6) or 227.14(2g).

Comment period: The comment period for these rules ended on January 31, 2015.

Agency Contact Person: Scott Loomans, 101 South Webster St., PO BOX 7921, Madison, WI 53707-7921. [phone], [e-mail]

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Section 1. NR 1.15 (1) (a), (b), (c) 1., and (2) (a) (title) and (intro.) are amended to read:

NR 1.15 (1) (a) Forest diversity. A planned program of maintaining forest diversity including shade-intolerant cover types, particularly aspen, oak and forest openings, is required to slow or halt this decline in habitat quality and to maintain deer populations at established goal levels population objectives.

(b) Summer range. Habitat conditions are deteriorating most rapidly on summer deer range. Forest maturation, conversion from sun-loving tree species to shade tolerant species and loss of grassy openings are reducing the quality of summer deer range and with it, the deer carrying capacity in northern Wisconsin. The habitat management objective, depending upon the deer population goal, is to provide an adequate mixture of aspen, oak, upland brush, jack pine and sodded openings in connection with regular forest management practices.

(c) 1. The department will seek appropriate deer harvest quotas to maintain move deer populations at established goals in the direction specified by deer population objectives.

(2) (a) Deer population goals objectives. The department shall seek to maintain a deer herd in balance with its range and at deer population goals with deer population and sustainable harvest objectives that are reasonably compatible with social, economic and ecosystem management objectives for each deer management unit. Deer population objectives are to be based on:

Section 2. NR 1.15 (2) (a) 8. is repealed and recreated to read:

NR 1.15 (2) (a) 8. Ability to manage the deer herd in a management unit towards an established population objective.

Section 3. NR 1.15 (2) (at) and (3) are amended to read:

NR 1.15 (2) (at) If crop damage in a deer management unit with an objective to maintain or increase the population is above the tolerable limit in 2 years out of a 3 year period prior to a current unit review under s. NR 10.104 (3), the department shall consider reducing the goal if intolerable levels of damage are likely when the herd is at goal. If damage in a deer management unit exceeds tolerable levels when the herd is at goal in 2 years out of a 3 year period prior to a current unit review under s. NR 10.104 (3), the department shall reduce the population goal in that unit, unless an objective is selected which would result in a herd size goal reduction is not expected to alleviate intolerable levels of deer damage. establishing an objective to reduce or maintain the deer population.

(3) Research and surveys. Surveys, investigations and research shall be conducted to provide technical information necessary to evaluate population objectives and establish population estimates trends, harvest recommendations, population goals objectives and habitat management needs and guidelines.

Section 4. NR 10 Subchapter I (title) (precedes NR 10.001) is created to read:

SUBCHAPTER I

GENERAL PROVISIONS

Section 5. NR 10.001 (1k) is created to read:

NR 10.001 (1k) “Afield” means an area where hunting can legally occur, such as fields, forests or similar areas.

Section 6. NR 10.001 (2e) is repealed.

Section 7. NR 10.001 (6p), (19e) are amended to read:

  NR 10.001 (6p) “CWD management zone affected area” means a zone established in s. NR 10.28 (3) s. NR 10.41 for the control, and management and eradication of chronic wasting disease and is considered the chronic wasting disease eradication zone and chronic wasting disease control zone only for purposes of ss. 29.063 (5) and 167.31 (4) (bg) 1., Stats. 29.336, Stats.

(19e) “Notice and information to the public that is adequate” under s. 29.063 (2), Stats., means a department press release to the local news media and the official state newspaper and may also include the following: public meetings, telephone contacts, internet postings, brochure distribution, first class mailings and meetings with landowners in the CWD management zone affected area.

Section 8. NR 10.001 (23a) and (23b) are created to read:

  NR 10.001 (23a) “Private land” for purposes of s. NR 10.104 (8) and (9) means land that is not public-access land under sub. (23b). Private land includes lands that are enrolled in the wildlife damage abatement and claims program under ch. NR 12 Subchapter II except if they qualify as public access lands under sub. (23b) because of government ownership, leases, or easements, or under sub. (23b) (a) to (c).

  (23b) “Public access lands” for purposes of s. NR 10.104 (8) and (9) means land owned, under easement to, or lease by federal, state, county, or municipal government if that land is open to public hunting. Public access land also includes the following private lands provided they are open to the public for deer hunting:

  (a) Enrolled in the managed forest land or forest croplands program under ch.77, Stats.

  (b) Acquired in whole or in part with funding from the stewardship program pursuant to s. 23.0916, Stats.,

  (c) Owned by a public utility or cooperative for the production, transmission, delivery or furnishing of heat, light, water, telecommunications service or power.

Section 9. NR 10.01 (2) (b) 1. is amended to read:

Kind of animal and locality

Open season (all dates inclusive)

Limit

NR 10.01 (2) (b) Sharp-tailed grouse.

1. All deer game management units as described in s. NR 10.28 s. NR 10.285 for which a sharp−tailed grouse harvest quota has been established under s. NR 10.26.

Beginning on the Saturday nearest October 17 and continuing for 23 consecutive days.

One sharp−tailed grouse per carcass tag issued. The possession limit corresponds to the number of carcass tags issued.

Section 10. NR 10.01 (3) (e) is repealed and recreated to read:

Kind of animal and locality except when modified by the department under s. NR 10.01 (3) (ex)

Open season (all dates inclusive)

Limit except when modified by the department under s. NR 10.01 (3) (ex)

NR 10.01 (3) (e) Gun deer season except as established in s. 10.01 (3) (ex).

1. a. All that part of the state not otherwise listed in subds. 2. to 5.

Firearm season beginning on the Saturday immediately preceding the Thanksgiving Day holiday and continuing for 9 consecutive days.

One buck deer with a gun buck deer carcass tag and one antlerless deer for each antlerless tag issued under s. NR 10.104.

b. All that part of the state not otherwise listed in subds. 2. to 4.

Firearm season beginning on the second Thursday following the Thanksgiving Day holiday and continuing for 4 consecutive days.

One antlerless deer for each antlerless tag issued under s. NR 10.104.

2. State parks, trails and forests. State parks, trails, and forests are open during the seasons and subject to the same bag limit listed in subd. 1 except as established in subd. par. a. to c., and except that no person may hunt deer on the state−owned portions of state parks, trails and recreation areas in locations and at times when the department has determined that prohibiting hunting is necessary pursuant to s. 29.089 (1m) (b), Stats. Portions of state properties may also be posted as closed to hunting. No person may use a firearm, other than a muzzleloading firearm, to hunt deer within the boundaries of Perrot, High Cliff, Peninsula, Rib Mountain, Harrington Beach, Kohler-Andrae, and Wildcat Mountain state parks, and the Loew Lake Unit – Kettle Moraine state forest

a. Perrot, High Cliff and Peninsula state parks and the Loew Lake Unit − Kettle Moraine state forest.

Muzzleloading firearm season beginning on the Saturday immediately preceding the Thanksgiving Day holiday and continuing for 9 consecutive days.

One buck deer with a gun buck deer carcass tag and one antlerless deer for each antlerless tag issued under s. NR 10.104.

b. Rib Mountain, Harrington Beach, Kohler-Andrae and Wildcat Mountain state parks.

Muzzleloading firearm season beginning on the Saturday immediately preceding the Thanksgiving Day holiday and continuing for 19 consecutive days.

One buck deer with a gun buck deer carcass tag and one antlerless deer for each antlerless tag issued under s. NR 10.104.

c. Buckhorn state park in the area east of 19th avenue, north of county HWY G, and north of 31st street.

Firearm seasons listed in subd. 1, the muzzleloader season established in subd. (es) 1., and the youth hunt in par. (ev).

One buck deer with a gun buck deer carcass tag and additional antlerless deer as authorized by antlerless deer permits or tags issued under s. NR 10.104.

d. Loew Lake Unit − Kettle Moraine state forest.

Muzzleloading firearm season reopening on December 24 and continuing through January 1.

One antlerless deer for each antlerless tag issued under s. NR 10.104.

3. Federal properties

a. Fort McCoy military reservation in Monroe county and Volk Field military facility in Juneau county.

Firearm season type as established by military permit and approved by the department by August 1 annually.

Sex and type of deer is as specified on permit issued by military facility.

Note: The department does not issue deer hunting permits for the Fort McCoy and Volk Field military facilities. Hunters must apply directly to these facilities for a deer hunting permit and are limited to the type of deer specified on the permit.

b. Nuisance deer removal on the federally owned portions of the Apostle Islands using muzzleloaders only.

Muzzleloading firearm season October 1−31.

One deer per permit issued under Ch. NR 12.

4. Menominee county

Firearm season type as established by the Menominee tribe for tribal members only.

As established by the Menominee tribe.

5. Metropolitan deer management subunits LaCrosse, Hudson, Superior, Green Bay, Milwaukee, and Madison as described under s. NR 10.28 (2).

Firearm season beginning on the Saturday immediately preceding the Thanksgiving holiday and continuing for 19 consecutive days.

One buck deer with a gun buck deer carcass tag and one antlerless deer for each antlerless tag issued under s. NR 10.104.

Section 11. NR 10.01 (3) (ed) is repealed.

Section 12. NR 10.01 (3) (em) is repealed and recreated to read:

10.01 (3) (em) Archery deer season except as established in s. NR 10.01 (3) (ex).

1. All that part of the state not otherwise listed in subds. 2. to 4.

Beginning on the Saturday nearest September 15 and continuing through the Sunday nearest January 6.

One buck deer with an archery buck deer carcass tag and one antlerless deer for each antlerless tag issued under s. NR 10.104, except that no person may harvest a buck in an area of the state where an antlerless only firearm deer hunting season established under NR10.01(3)(e) or (ex) is open.

2. Federal properties.

a. Fort McCoy military reservation in Monroe county and Volk Field military facility in Juneau county.

As established by military permit and approved by the department by August 1 annually.

Sex and type of deer is as specified on permit issued by military facility.

Note: The department does not issue deer hunting permits for the Fort McCoy and Volk Field military facilities. Hunters must apply directly to these facilities for a deer hunting permit and are limited to the type of deer specified on the permit.

b. Federally owned portions of the Apostle Islands.

Beginning on the Saturday nearest September 15 and continuing through September 30 and November 1 through the Sunday nearest January 6.

One deer per deer carcass tag as described under s. NR 10.104 (15) (a) and (b). Additional deer may be taken pursuant to s. NR 10.104 (15) (d).

3. Metropolitan deer management subunits

a. Metropolitan deer management subunits LaCrosse, Hudson, Superior, Green Bay, Milwaukee, and Madison as described under s. NR 10.28 (2).

Beginning on the Saturday nearest September 15 and continuing through January 31.

One buck deer with an archery buck deer carcass tag and one antlerless deer for each antlerless tag issued under s. NR 10.104, except that no person may harvest a buck in an area of the state where an antlerless only firearm deer hunting season established under NR10.01(3)(e) is open.

4. State parks, trails, forests and recreation areas. State parks, trails and forests are open during the seasons and subject to the same bag limit listed in subd. 1. except as established in subd. par. a. to c., and except that no person may hunt deer on the state−owned portions of state parks, trails, forests and recreation areas in locations and at times when the department has determined that prohibiting hunting is necessary pursuant to s. 29.089 (1m) (b), Stats. Portions of properties may also be posted closed to hunting.

a. Buckhorn state park

During the archery deer season described in subd. 1.

One buck deer with an archery buck deer carcass tag and additional antlerless deer as authorized by antlerless permits or tags issued under s. NR 10.104.

b. Big Bay, Blue Mound, Governor Dodge, and Tower Hill state parks.

Beginning on Oct. 15 and continuing through the Sunday nearest January 6.

One buck deer with an archery buck deer carcass tag and one antlerless deer for each antlerless tag issued under s. NR 10.104, except that no person may harvest a buck in an area of the state where an antlerless only firearm deer hunting season established under NR10.01(3)(e) is open.

Note: When purchasing an archer license, a person who has already been issued a license authorizing deer hunting with a crossbow will not receive the archery buck deer carcass tag described in this subsection or an antlerless deer carcass tag valid in farmland zones. A person may use any carcass tag issued with a license authorizing hunting deer with a crossbow during the crossbow deer season established in sub. (ep) under the authority of a valid archer license during the archery season established in this subsection.

Section 13. NR 10.01 (3) (ep) is created to read:

NR 10.01 (3) (ep) Crossbow deer season except as established in s 10.01 (3) (ex).

1. Portions of the state located within the northern forest zone, except as established under subds. 2. to 4.

Beginning on the Saturday nearest September 15 and continuing through the Sunday nearest January 6.

One buck deer with an archery buck deer carcass tag and one antlerless deer for each antlerless tag issued under s. NR 10.104, except that no person may harvest a buck in an area of the state where an antlerless only firearm deer hunting season established under NR10.01(3)(e) or (ex) is open.

2. Federal properties.

a. Fort McCoy military reservation in Monroe county and Volk Field military facility in Juneau county.

As established by military permit and approved by the department by August 1 annually.

Sex and type of deer is as specified on permit issued by military facility.

Note: The department does not issue deer hunting permits for the Fort McCoy and Volk Field military facilities. Hunters must apply directly to these facilities for a deer hunting permit and are limited to the type of deer specified on the permit.

b. Federally owned portions of the Apostle Islands.

Beginning on the Saturday nearest September 15 and continuing through September 30 and November 1 through the Sunday nearest January 6.

One deer per deer carcass tag as described under s. NR 10.104 (15) (a) and (b). Additional deer may be taken pursuant to s. NR 10.104 (15) (d).

3. Metropolitan deer management subunits

a. Superior Metropolitan deer management subunit described under s. NR 10.28 (2).

Beginning on the Saturday nearest September 15 and continuing through January 31.

One buck deer with an archery buck deer carcass tag and additional antlerless deer as authorized by antlerless permits or tags issued under s. NR 10.104.

b. Hudson, LaCrosse, and Green Bay area metropolitan deer management subunits as described under s. NR 10.28 (2).

Beginning on the Saturday nearest September 15 and continuing through the second Wednesday following the Thanksgiving Day holiday.

One buck deer with an archery buck deer carcass tag and additional antlerless deer as authorized by antlerless permits or tags issued under s. NR 10.104.

Beginning on the second Thursday following the Thanksgiving Day holiday and continuing for 4 consecutive days.

One antlerless deer for each antlerless permit or tags issued under s. NR 10.104.

Beginning on the Monday following the 4 day season in this subdivision and continuing through January 31.

One buck deer with an archery buck deer carcass tag and additional antlerless deer as authorized by antlerless permits or tags issued under s. NR 10.104.

c. Madison and Milwaukee area metropolitan deer management subunits as described under s. NR 10.28 (2).

Beginning on the Saturday nearest September 15 and continuing through January 31.

One buck deer with an archery buck deer carcass tag and additional antlerless deer as authorized by antlerless permits or tags issued under s. NR 10.104.

4. State parks, trails, forests and recreation areas. State parks, trails and forests are open during the seasons and subject to the same bag limit listed in subd. 1. except as established in subd. par. a. to c., and except that no person may hunt deer on the state−owned portions of state parks, trails, forests and recreation areas in locations and at times when the department has determined that prohibiting hunting is necessary pursuant to s. 29.089 (1m) (b), Stats. Portions of properties may also be posted as closed to hunting.

a. Buckhorn state park

During the archery deer season described in subd. 1.

One buck deer with an archery buck deer carcass tag and additional antlerless deer as authorized by antlerless permits or tags issued under s. NR 10.104.

b. Big Bay, Blue Mound, Governor Dodge, and Tower Hill state parks.

Beginning on Oct. 15 and continuing for the remainder of the archery deer season described in subd. 1.

One buck deer with an archery buck deer carcass tag and additional antlerless deer as authorized by antlerless permits or tags issued under s. NR 10.104.

Note: When purchasing a crossbow license, a person who has already been issued a license authorizing deer hunting with a bow and arrow will not receive the buck deer carcass tag described in this subsection or an antlerless deer carcass tag valid in farmland zones. A person may use any carcass tag issued with a license authorizing hunting deer with a bow and arrow during the season established in par. (em) under the authority of a valid crossbow license during the crossbow season established in this subsection.

Section 14. NR 10.01 (3) (es) 1. is amended to read:

NR 10.01 (3) (es) Muzzleloader deer season except as established in s 10.01 (3) (ex).

1. Entire state, except for the areas described in subd. 2., par. (et), deer management units 1M, 59M, 60M, 64M, and 77M, and state parks metropolitan deer management subunits established in s. NR 10.28 (2).

Beginning on the Monday immediately following the Thanksgiving Day holiday and continuing for 10 consecutive days.

One buck deer with a gun buck deer carcass tag and one antlerless deer for each antlerless tag issued under s. NR 10.104.

Section 15. NR 10.01 (3) (es) 2., 3. and (et) are repealed.

Section 16. NR 10.01 (3) (ev) is amended to read:

NR 10.01 (3) (ev) Special youth gun deer hunt event.

Persons under 16 years of age may hunt deer with a firearm for 2 consecutive days beginning on the Saturday nearest October 8 in all deer management units, except state park units and deer management unit 48. parks other than Buckhorn State Park. No person may hunt deer with any firearm other than a muzzleloading firearm at the Loew Lake Unit of the Kettle Moraine state forest. The bag limit is one buck deer per valid gun deer carcass tag and additional antlerless deer per valid antlerless deer carcass tags issued under par. (ed) or s. NR 10.104 (8) one buck deer with a gun buck deer carcass tag and one antlerless deer for each antlerless tag issued under s. NR 10.104. Hunters shall be No person may hunt unless accompanied by an adult 18 years of age or older and be in compliance with s. 29.592, Stats. One adult may not No parent or guardian may knowingly permit a person under 16 years of age to hunt unless accompanied by an adult 18 years of age or older. One adult may not No adult may 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 hunting regulations apply. Blaze orange requirements under s. 29.301 (2), Stats., apply to all hunters on these days except waterfowl hunters. Earn−a−buck requirements do not apply to youth hunters hunting in CWD zones identified in s. NR 10.28 (3) or non−CWD earn−a−buck units when using their regular gun buck deer carcass tag. Youth hunters may harvest and tag bucks or antlerless deer in CWD zones as authorized by CWD tags under s. NR 10.104 (11) or CWD landowner permit tags issued pursuant to s. NR 10.41 (3).

Section 17. NR 10.01 (3) (ex) and (4) (dm) are created to read: