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 managing department lands for conservation purposes and authorizing the removal of nuisance wild animals in certain situations.
A number of these proposals are recommendations of the Wisconsin Conservation Congress to the Natural Resources Board and initiating a process to promulgate those rules fulfills a role of the board and the congress established in s 15.348 Stats.
This proposal would simplify the season framework and expand opportunities by establishing that the fall turkey and pheasant hunting seasons as well as the fisher trapping season are always open on the New Year’s Holiday weekend. These seasons currently close on December 31. The archery deer season was historically among the seasons that closed on December 31. The current Sunday nearest January 6 closure was a recommendation of the Deer Management for 2000 and Beyond effort and it was first in effect for the 2002 season. Presumably, the change was made to expand hunting opportunities by assuring that the archery deer season would always be open on the New Year’s Holiday weekend. We do not think extending these seasons by a handful of days will have any impact on pheasants, turkeys, or fisher populations. This is a time of year when hunting and trapping pressure is low. In particular, fisher harvest is controlled by permit issuance and, if a noticeable amount of new harvest were to occur, it would be automatically accounted for in future years permit levels. This will provide additional opportunity for the limited number of people who will take advantage of it at a time when many people do have vacation or leave from work.
Providing the option for an extended archery season in certain units is a recommendation of the Conservation Congress. Current regulations provide for archery and cross deer season that run continuously from the Saturday nearest September 15 through the Sunday nearest January 6. Current rule also provides Farmland Zone County Deer Advisory Councils (CDACs) the option of recommending an antlerless only Holiday Hunt from December 24 through January 1. The proposed rule modification would provide CDACs with the option of recommending that the archery and crossbow seasons run through January 31 in any unit where they also recommended a Holiday Hunt season framework.
Eurasian collared doves are currently a protected species in Wisconsin because that is the default status for any species which is not otherwise listed. Collared doves are present in the state and have been encountered by mourning dove hunters. Classifying them as unprotected species would allow harvest of this exotic species. Monk parrots are not known to present at this time but they have become established in Chicago and could naturally colonize in Wisconsin cities. Monk parrots are list as a prohibited species under Ch. NR 40, Invasive Species Identification, Classification and Control. In most situations, the possession, transportation, transfer and introduction of monk parrots is prohibited. The department can give permission to people who wish to remove animals. This proposal would eliminate the requirement that people first get the department’s permission to destroy monk parrots. Under current law, there are a number of complex and historic provisions which regulate the use of weapons and ammunition for hunting. These provisions increase regulation complexity despite there being little evidence, other than anecdotal, that they are necessary and appropriate. In general, the current regulations seem to be a mix of “hunting ethics” and safety; a new proposal would balance those interests while creating and adaptable framework for future weapon innovations in an overall simplified framework. For instance, this proposal could eliminate various handgun barrel length restrictions, eliminate restrictions on use of .410 shotguns, and eliminate pellet gun caliber restrictions.
The proposal may allow the department to issue antlerless deer hunting permits directly to hunters who have access to public lands which are enrolled in the Deer Management Assistance Program and for which antlerless permits are available under the program. Currently, tags are sold to a landowner or authorized representative who must distribute the tags. The current distribution method, used primarily by private landowners for private lands, may not be an efficient distribution method for owners of larger properties such as industrial forest that is open to the public for deer hunting.
This proposal could consolidate fisher management zones from the current six so that there would be only two zones. The extensive zone configuration was important when the species was still expanding it range but is no longer needed now that fisher are well established and distributed.
Consolidating the current three otter management zones so that there would be two would make the zone configuration consistent with the current bobcat and the proposed fisher management zones. Eliminating the 13,000 animal population goal for otters is recommended because population estimates may not be presice enough to assist with species management.
This proposal would eliminate or reduce the size of wildlife refuges on wildlife management areas which are no longer needed for conservation purposes. Changes being considered include eliminating what is commonly known as the Rat River refuge in Winnebago County and the Van Loon beaver/otter closed area in La Crosse County. The proposal would reduce the size of the Theresa Marsh no entry refuge in Washington and Dodge counties.
Current regulations prevent novice hunters, anglers, and trappers from participating in more than one training event that involves waivers of regulations. This change is a recommendation of the Conservation Congress and would allow someone to participate in more than one learn-to- hunt-event. Some novice hunters feel the need for additional training before becoming a license purchaser. The availability of these courses may allow participation in more than one event while still meeting demand from first time participants and may increase the recruitment of new hunters.
Fall turkey permits are currently allocated through a drawing and hunters are required to apply for a permit in advance. Fall harvest levels and hunting pressure may be low enough that a drawing is no longer needed in order to maintain a safe harvest level. If the drawing were eliminated, each hunter would receive one fall permit with the purchase of their license, which would be valid in the zone of their choice. With this simplification, hunters would no longer need to remember to apply for a fall turkey permit by a certain deadline, and would no longer have to pay a $3.00 application fee.
Anticipated Private Sector Costs and Economic Impact of Implementing the Rule: No private sector costs or economic impacts are anticipated. The hunting regulations proposed in this rule will not be significantly different those in place during previous seasons. These rules are applicable to individual hunters and impose no compliance or reporting requirements for small business, nor are any design or operational standards contained in the rule.
Pursuant to the Governor’s Executive Order 50, Section II, this will be a level 3 economic impact analysis for this permanent rule. A notice for Solicitation of comments on this analysis will be posted on the department’s website in February 2017 and various interest groups may be contacted by email.
Effects on Small Business: No effects on small businesses are anticipated. The hunting regulations proposed in this rule will not be significantly different those in place during previous seasons. These rules are applicable to individual hunters and impose no compliance or reporting requirements for small business, nor are any design or operational standards contained in the rule.
Agency Contact Person: Scott Loomans, 101 South Webster St., PO BOX 7921, Madison, WI 53707-7921. (608) 267-2452, scott.loomans@wisconsin.gov Deadline for Written Comments: The deadline for written comments is April 10, 2017
Section 1. NR 10.001 (17) and (18) are repealed.
Section 2. NR 10.01 (c)1.a., (d) 1. and (f) are amended to read:
Kind of animal and locality | Open season (all dates inclusive) | Limit |
(c) Pheasants. 1. Cocks only |
a. In all counties of the state except the properties specified in subds. 1. b. and 2. and s. NR 10.24. | Early season—Beginning on the Saturday nearest October 17 at 9:00 a.m. and continuing for 2 consecutive days | Daily bag 1; possession 2 |
| Late season—Beginning on the day immediately after the season described above and continuing through December 31. the Sunday nearest January 6. | Daily bag 2; possession 6 |
(d) Gray (Hungarian) partridge. |
1. In all counties of the state except in the areas listed in subd. 2. | Beginning on the Saturday nearest October 17 at 9:00 a.m. and continuing through December 31 the Sunday nearest January 6. | Daily bag 3; possession 9 |
2. Clark, Marathon and Taylor counties. | None | None |
NR 10.01 (2) (f) Wild turkey. |
2. All wild turkey hunting zones as described in s. NR10.29 and the Mill Bluff state park portion of zone 1, excluding all other state parks, for which a quota has been established under s. NR 10.25 (5). Wild turkey hunting zones 1−5, as described in s. NR 10.29 and the Mill Bluff state park portion of zone 1, excluding all other state parks, for which a quota has been established under s. NR 10.25 (5). | Fall season beginning on the Saturday nearest September 15 and continuing through the Friday immediately preceding the Thanksgiving holiday. Fall season reopening on the Saturday immediately preceding the Thanksgiving holiday and continuing through December 31. the Sunday nearest January 6. | Either sex of turkey may be killed. The possession limit corresponds to the number of carcass tags issued. Either sex of turkey may be killed. The possession limit corresponds to the number of carcass tags issued. |
Section 3. NR 10.01 (3) (ex) 3. is created to read:
NR 10.01 (3) (ex) 3. The department may modify the archer and crossbow season dates so that those seasons continue through January 31in a farmland zone unit where it has also modified the season dates as established under subd. par. 2.
Section 4. NR 10.01 (4) (d) 2. is repealed.
Section 5. NR 10.01 (4) (dm) is repealed and recreated to read:
Kind of animal and locality | Open season (all dates inclusive) | Limit |
1. North zone as described in s. NR 10.38. | Beginning on the Saturday nearest October 17 and continuing through the Sunday nearest January 6. | The possession limit corresponds to the number of pelt tags issued. |
1. South zone as described in s. NR 10.38. | Beginning on the Saturday nearest October 17 and continuing through the Sunday nearest January 6. | The possession limit corresponds to the number of pelt tags issued. |
Section 6. NR 10.04 (2) is repealed and recreated to read:
NR 10.04 (2) Chukar partridge, coturnix quail, English sparrows, Eurasian collared doves and starlings. Section 7. NR 10.09 is repealed and recreated to read:
NR 10.09 Weapons and ammunition. (1) WEAPONS. No person may:
(a) Hunt with any means other than a rifle, shotgun, handgun, bow and arrow, crossbow, or falconry.
(b) Hunt with a machine gun or other fully automatic weapon.
(c) Hunt a game bird with or while in possession of a shotgun larger than 10 gauge.
(d) Hunt a deer during a muzzleloader-only hunt, such as described in s. NR 10.01 (3)(es), with any gun other than a rifle, shotgun, or handgun that is a firearm with a solid breech plug attached with threads and capable of being loaded only from the muzzle. (e) Hunt a migratory bird with any shotgun capable of holding more than 3 shells unless the magazine has been cut off or plugged with a one-piece filler that cannot be removed without disassembling the gun and which reduces the capacity of the gun to not more than 3 shells at one time in the magazine and chamber combined.
(2) AMMUNITION. No person may:
(a) Use, possess, or have under control while hunting
1. shot shells containing shot larger than T.
2. any tracer or incendiary ammunition that is not a distress flare.
3. any bullet, arrow, or bolt that is designed or modified to explode or deliver poisons or drugs.
(b) Hunt a game bird with any ammunition other than an arrow, bolt, or shot shell that consists of more than one projectile.
(c) Hunt a deer, bear, or elk with any ammunition other than an arrow, bolt, or bullet that is a single projectile of an expanding design.
(d) While hunting waterfowl, snipe, rails, moorhens and coot within any areas of the state, or mourning doves on lands which are under the management, supervision and control of the department,
1. take, catch, kill or pursue waterfowl, mourning doves, snipe, rails, moorhens, and coot with any shot, either in shot shells or as loose shot for muzzle-loading, other than non-toxic shot.
2. possess any shot shell or muzzle-loading firearm loaded with any material other than non-toxic shot.
(3) REASONABLE EQUIPMENT. No person may hunt with any weapon or ammunition that is of inherent design, or used in such a manner, as to not be reasonably capable of reducing a target wild animal to possession. The following are prima facie reasonable equipment:
(a) a firearm with a caliber of at least .22.
(b) a bow with a minimum draw weight of 30 pounds.
(c) a crossbow with a minimum draw weight of 100 pounds.
(e) commercially manufactured or similar hand-loaded or re-loaded ammunition
(f) an arrow or bolt with a sharpened broad-head blade
Section 8. NR 10.11 (1) is repealed and recreated to read:
NR 10.11 (1) No person may hunt elk with the aid of dogs.
