and Creating Rules
The statement of scope for this rule, SS 066-15, was approved by the Governor on August 3, 2015, published in Register No. 716A2 on August 10, 2015 and approved by the Natural Resources Board on October 28, 2015. This permanent rule was approved by the Governor on ___________________. The Wisconsin Natural Resources Board proposes an order to repeal Ch. NR 10.001 (3s), (8e), (25k) and (27), 10.01 (3) (e) 2. d., 10.102 (5), 10.24 (3) (g), 12.16 (8) (c), 13.30 (2) (i) 6. and (Note), NR 15.01 (4), 19.09 (4) (f), 40.05 (2) (b) 3. (Note), 13. (Note), and 14. (Note); to renumber and amend NR 10.001 (8m); to amend NR 10.001 (5p), (5v), (8m), (18m), 10.02 (Intro.), 10.04 (1), 10.07 (1) (k), 10.13 (3) (c) 1. and 2., 10.24 (7) (a), and (10) (a), 10.25 (1) (c) 3. and (4) (b), 10.285 (Intro.), 12.10 (3) (d), 4, 19.12 (1) (d), 40.05 (2) (b) 3., 13., 14., 33s. and (e) 2.; to repeal and recreate NR 10.24 (7) (b), 10.29 and 19.13, ; and to create NR 10.001 (6b) and (12m), wildlife management rules making remedial revisions to regulations for hunting, trapping, closed areas, nuisance wildlife management, removal of car-killed deer, and invasive species. WM-12-15
Analysis Prepared by the Department of Natural Resources
Statutory Authority and Explanation of Agency Authority: The chapter on wild animals and plants, in s. 29.014, “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 regulations and turkey hunting regulations or permit applications. This grant of rule-making authority also allows rulemaking which establishes the disposition of wild animals killed in vehicle accidents with additional direction provided in s. 29.349 related to animals killed by motor vehicles. Additional statutory authority relating to the issuance of turkey hunting permits is found in s. 29.164 which establishes that the department may regulate and limit the hunting of wild turkeys by issuing licenses. The wildlife damage abatement and claims program is established in s. 29.889 and rule making is specifically authorized under subsection paragraph (2) (b) which directs the department to establish rules for eligibility under the program. The department’s authority to promulgate wild rice is established in s. 29.607 related to wild rice. This statute establishes department powers and requires that the department obtain the advice and consent of the tribal council before promulgating any rules governing the harvest, use and disposition of wild rice growing within the bounds of an Indian reservation. The establishment of game refuges is authorized in s. 23.09 (2) (b) relating to the department’s ability to designate locations reasonably necessary for the purpose of providing safe retreats in which birds may rest and replenish adjacent hunting grounds. The department’s authority to classify and regulate invasive species is established s. 23.22 and rule making is specifically authorized under subsection paragraphs (2) (a) and (b), which directs the department to establish rules to identify, classify, and control invasive species. Statutes Interpreted and Explanation: The chapter on wild animals and plants, in s. 29.014, “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 regulations and turkey hunting regulations or permit applications. This grant of rule-making authority also allows rulemaking which establishes the disposition of wild animals killed in vehicle accidents with additional direction provided in s. 29.349 related to animals killed by motor vehicles. Additional statutory authority relating to the issuance of turkey hunting permits is found in s. 29.164 which establishes that the department may regulate and limit the hunting of wild turkeys by issuing licenses. The wildlife damage abatement and claims program is established in s. 29.889 and rule making is specifically authorized under subsection paragraph (2) (b) which directs the department to establish rules for eligibility under the program. The department’s authority to promulgate wild rice is established in s. 29.607 related to wild rice. This statute establishes department powers and requires that the department obtain the advice and consent of the tribal council before promulgating any rules governing the harvest, use and disposition of wild rice growing within the bounds of an Indian reservation. The establishment of game refuges is authorized in s. 23.09 (2) (b) relating to the department’s ability to designate locations reasonably necessary for the purpose of providing safe retreats in which birds may rest and replenish adjacent hunting grounds. The department’s authority to classify and regulate invasive species is established s. 23.22 and rule making is specifically authorized under subsection paragraphs (2) (a) and (b), which directs the department to establish rules to identify, classify, and control invasive species. Related Statute or Rule: The department is currently modifying the maximum dimensions of colony traps used for muskrats in Board Order WM-04-13. This rule modifies the same provision in NR 10.001 (3s) to replace the word “drowning” with “submersion”. In the treatment clause of this board order the section is referred to by the words “as affected” and the proposed trap dimensions in WM-04-13 are used.
Plain Language Rule Analysis: These rule changes are proposed to update administrative code language to correct inconsistencies, update outdated language, and provide clarification when appropriate. This rule package will amend regulations for hunting, trapping, closed areas, nuisance wildlife management, removal of car-killed deer, and invasive species.
Section 1 repeals the definition of “blind” related to goose hunting in the former Horicon intensive management zone for Canada goose hunting. The Horicon intensive management zone has been repealed.
Sections 2, 3, 6, 8 and 15 replace the word “drowning” with “submersion” to better describe how that type of trap set functions.
Section 4 establishes a definition of “culvert” because the term is used regularly in the chapter related to regulations for trap placement.
Sections 5 and 14 repeal references to the Class B bear hunting license which was repealed by 2015 ACT 55.
Sections 7 and 9 eliminate the reference to the material that a foothold trap is made out of so that modern traps made of polymer or other materials can be used, instead of just steel. Section 9 also eliminates the definition of “unforked antler” because the term in not used in this chapter.
Section 10 repeals a reference to a firearm deer season occurring over the Christmas holiday period that is now extraneous because that season is an optional instead of an annual event.
Section 11 clarifies that illegal possession of a protected animal includes possession of the animal’s carcass.
Section 12 notes that porcupines are an unprotected species. Porcupines are unprotected under current law and providing that information in this location will reduce the number of questions to staff and make the code more useful.
Section 13 clarifies that modern archery gear used normally for hunting will not cause a person to be in violation of the prohibition of marking and releasing wild animals.
Sections 16, 17 and 18 modernize language related to pheasant hunting at the Bong State Recreation Area to reflect elimination of arm bands that hunters were required to wear in the past and the switch to a daily permit that hunters are currently required to possess.
Section 19 relaxes regulations for dove hunting in the special use zone at Bong State Recreation Area. Hunters would be required to be within 25 feet, instead of 10, from assigned blind locations. This provision would also allow four people to hunt from a location instead of three.
Section 20 allows up to ten people to apply as a group for turkey hunting permits instead of just four under current rules.
Section 21 replaces the word “zone” with “unit” which is the preferred terminology for the old deer management unit map that was preserved for continuity of reporting sharp-tailed grouse, fisher, and bear harvest.
Section 22 clarifies, in the turkey hunting zone map, that Chambers Island is included with Door County as part of zone 2 instead of zone 5.
Section 23 clarifies that all for-fee hunting is illegal related to department issued shooting permits.
Section 24 removes an outdated reference to seasons for hunting deer with shotguns only.
Section 25 removes a reference to the prohibition of discharging firearms on the day before the traditional nine-day firearm deer hunting season because the prohibition was repealed by previous rulemaking.
Section 26 eliminates a game refuge at Columbia Co Indian Agency House. These are not department owned lands and there is no purpose for this refuge to be established by the department.
Section 27 eliminates date-regulation authority on Noquebay Lake in Marinette County so that the department does not need to inspect the rice for ripeness or publicize when harvest is allowed. Current rules establish a number of date-regulated lakes in northern Wisconsin which have been jointly agreed upon by the Department and the Great Lakes Indian Fish and Wildlife Commission, however, Noquebay Lake is outside of the ceded territory.
Section 28 repeals regulations for tagging the carcasses of wild animals, birds and fish taken on Indian reservations because 2013 ACT 85 has established statutory requirements for the transportation in Wisconsin of game taken in another state or on Indian land.
Section 29 repeals most requirements for taking possession of car killed deer, and acknowledges that car-killed turkey and bear can be taken in to possession, for consistency with 2015 ACT 55 and 2011 Act 251 ss. 4, 10 to 15. Sections 30 to 36 update scientific and common names and permanently adds bracketed counties that were inadvertently omitted from the list of restricted counties in the new chapter of rules related to invasive species. The common name of Amynthas species is changed from crazy worm to jumping worm to reflect current naming conventions. The scientific name spelling of Woodland forget-me-not is changed from Myosotis sylvaticum to the accepted name Myosotis sylvatica. Three invasive species (Poison hemlock, Wild chervil, and European marsh thistle) have bracketed counties that are permanently added to the list of restricted counties under their prohibited county lists.
Federal Regulatory Analysis: Federal regulations allow states to manage the wildlife resources located within their boundaries provided they do not conflict with regulations established in the Federal Register. None of these rule changes violate or conflict with the provisions established in the Federal Code of Regulations.
Comparison with 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.
Summary of Factual Data and Analytical Methodologies: All of the policies in this rule are generally consistent with past board policies of regulating fish and game harvest and invasive species for conservation purposes and establishing closed areas for hunting.
