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Analysis: These rule changes are proposed to update administrative code language to correct inconsistencies, update outdated language, and provide clarification when appropriate.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 The Horicon intensive management zone has been repealed.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Sections 5 and 14 repeal references to the Class B bear hunting license which was repealed by 2015 ACT 55.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.
Recent trap designs include ones with jaws constructed of polymers and these new trap types have passed humane trap standard evaluations. As polymer trap designs become available, this proposed rule would allow their legal use. The change to a more realistic description of “foothold” instead of “steel jaw” would also better describe how the devices are designed to work, by just holding the animal.
By applying as a group, turkey permit applicants can assure that all members of a hunting party will draw tags that are for the same time period and hunting zone. Currently, a maximum of four hunters are allowed to submit a group application for the spring and fall wild turkey hunting seasons. This proposal would increase the limit on the number of participants in the group to ten hunters. This would reduce the number of complaints received by department staff that the current group application cap does not allow all members of an intended hunting party to apply together as a group.
The use of electronic calls is currently illegal for turkey hunting. There is an exception which allows the use of electronic calls by people who possess permits for hunters with mobility-related disabilities. These rules would expand the exception so that electronic calls could also be used by people who are deaf.
Dove hunters at the Richard Bong State Recreation Area are currently required to hunt at numbered blinds and must remain within 10 feet of the blind while hunting in order to manage the hunting pressure at that location. These rules would establish that hunters need to remain 25 feet from their blind, which the department has observed is more practical. There have been no hunting accidents during this manage hunt. Additionally, minor updates to pheasant hunting permit requirements are made.
Under current rules, it is illegal for the holder of agricultural damage shooting permit tags to charge any type of fee of people who receive the tags. The Department has learned of individuals, other than the permittee, charging fees for guiding services on agriculture damage permits or selling agriculture damage tags to other participants. This proposal would clarify that it is illegal for anyone to charge a fee for hunting in agricultural damage shooting permit situations.
Under 2011 Act 251 ss. 4, 10 to 15 changes were made to the car-killed deer statute to include bear and turkeys. In the future, the department may also change to tags or permits that can be printed from law enforcement vehicle computers but those tags may not be durable enough if they must be attached to the carcass. These changes will make administrative rules consistent with changes made by Act 251 and provide more efficient issuance of tags or permits in the field. This proposal may also save on the cost of printing special durable, three-ply carcass tags that have to be distributed statewide to all law enforcement agencies and to more efficiently make future modifications to permits. The National Society for the Colonial Dames of America in the State of Wisconsin owns a small property in Columbia County which is called the Old Indian Agency House. It is designated as a game refuge under department rules and the owners have requested that the property be undesignated. The initial purpose for a number of the refuges established in this Ch. NR 15 is unknown. The only practical benefit to a refuge owner may be that department law enforcement staff could take enforcement action against someone who is hunting on the property. However, where these properties are privately owned, enforcement of trespassing laws by local police may be a more practical way to prevent hunting if the owner does not allow it. 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. On these lakes, state officials inspect the rice crop, post signs at access points, and coordinate public notice of when the rice crop may be harvested. All of these lakes, except Noquebay Lake in Marinette County, are within the ceded territory of Northern Wisconsin. Allowing rice harvest on Noquebay Lake does not require approval or consultation with the Voigt Task Force, or the Ojibwe tribes because this is outside of the ceded territory. This proposal would eliminate date-regulation authority on this body of water so that the department does not need to inspect the rice for ripeness or publicize when harvest is allowed.
The proposed rule edits the invasive species list to make minor name corrections and to correct county listing inconsistencies which were identified late in the department’s recent extensive rulemaking process, which became effective May 1, 2015.
This rule repeals a section of code that established regulations for tagging the carcasses of wild animals, birds and fish taken on Indian reservations. This language is no longer needed with the passage of 2013 ACT 85 which established statutory requirements for the transportation in this state of game taken in another state or on Indian land.
Anticipated Private Sector Costs and Economic Impact of Implementing the Rule: These rules, and the legislation which grants the department rule making authority, do not have a significant fiscal effect on the private sector or small businesses. These rules are applicable to individual sportspersons and impose no compliance or reporting requirements for small business, nor are any design or operational standards contained in the rule.
The proposed rule changes are not expected to significantly influence the spending activities or hunting and trapping activity of hunters, trappers, dog trainers, or other outdoor enthusiasts. Correspondingly, no related economic impacts are anticipated.
Effects on Small Business: 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.
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 227.24 (3m).
