Order of the State of Wisconsin Natural Resources Board
Repealing, Renumbering, Renumbering and Amending, Amending, Repealing and Recreating, and Creating Rules
The statement of scope for this rule, SS 145-15, was approved by the Governor on December 22, 2015, published in Register No. 721A1 on January 4, 2016 and approved by the Natural Resources Board on January 27, 2016. This permanent rule was approved by the Governor on ___________________. The Wisconsin Natural Resources Board proposes an order to repeal Ch. NR 8.01 (2), (5), and (6), 8.03 (2) (b) and (3) (b), 8.05, 10.103 (Note), 10.104 (7) (a) 2m., (7) (b) 2m., and (7) (c) 2m., 10.105 (2), 10.106 (2) (a) to (c) and (3), 10.11 (3), (4), (5), and (6), 10.12 (7), 10.125 (1) d., (3) (a) to (c), 10.145 (5) and (6), 10.25 (3), 20.03 (4) and (7), 20.105 (4) and (5), and 23.02 (1); to renumber NR 10.104 (9m) (c), 10.106 (1), 10.145 (7) and (8), and 10.25 (4) and (5); to renumber and amend NR 10.106 (1), (2) (Intro.); to amend NR Subch. I - NR 8 (title), 8.02, 8.03 (2) (c) (Intro.), 8.04 (1) (a) and (b), 8.07, 8.52 (1) (b) 2., (c) 2. and (d) 2., 8.54 (1) (a) 2. and (b), 10.08 (Intro.) and (6), 10.103 (1), 10.104 (7) (a) 2., (7) (b) 2., (7) (c) 2., (9), (9m) (Intro.) and (a), 10.125 (3) (Intro.), 10.25 (2) (a) 1., 12.06 (10), 12.15 (5) (a), and 20.33 (5) (c) and (d); to repeal and recreate NR 8.01 (1), 10.101 (3), 10.103 (2), 10.105 (1) and (2), 10.11 (2) 10.145 (4), 10.25 (2), 10.26 (2), 12.16 (5), 20.07, 20.10, and 23.12; and to create NR 8.01 (3m), 8.045, 10.08 (7) and (Note), 10.085, 10.104 (9m) (c) 2., and 12.10 (12); related to Customer and Outreach Services rules related to the automated system for delivering recreational license products.
Analysis Prepared by the Department of Natural Resources
Statutory Authority and Explanation of Agency Authority: The chapter on conservation, in s. 23.47 created in 2015 Act 89, establishes the department may promulgate rules relating to forms of acceptable proof of an approval, electronic retrieval of information, and reprints of approvals and safety certificates. The chapter on wild animals and plants, in s. 29.014, “rule making for this chapter”, establishes that the department shall establish and maintain conditions for taking fish and game. This grant of rule-making authority allows the department to promulgate rules related to the licensing, use of harvest permits, and other regulations necessary to conserve the fish and game supply and ensure the citizens of this state continued opportunities for good fishing, hunting, and trapping. Wisconsin’s boundary waters with other states are popular hunting, fishing, and trapping locations. Specific authority to regulate hunting and fishing in and on all interstate boundary waters and outlying waters is established in s. 29.041. Sections 23.11 and 29.014, Stats., allow for the protection of natural resources, establish general department powers on lands it manages including migratory bird refuges, and authority to establish hunting and trapping regulations on department managed lands. This authority could apply if property-specific permits currently issued by the department are converted to electronic permit delivery. Statutes Interpreted and Explanation: The chapter on conservation, in s. 23.47 created in 2015 Act 89, establishes the department may promulgate rules relating to forms of acceptable proof of an approval, electronic retrieval of information, and reprints of approvals and safety certificates. The chapter on wild animals and plants, in s. 29.014, “rule making for this chapter”, establishes that the department shall establish and maintain conditions for taking fish and game. Wisconsin’s boundary waters with other states are popular hunting, fishing and trapping locations. Specific authority to regulate hunting and fishing in and on all interstate boundary waters and outlying waters is established in s.29.041. Related Statute or Rule: The department has also promulgated emergency rules, Board Orders CS-04-16(E) and CS-05-17(E), which are companions to this permanent order. The statement of scope for the emergency rule is the same document through which this permanent rule was approved, SS 145-15 approved by the Governor on December 22, 2015, published in Register No. 721A1 on January 4, 2016 and approved by the Natural Resources Board on January 27, 2016. Non-statutory provisions of 2015 Act 89 established that the department may enact the emergency rule using the process for emergency rules without finding that promulgating a rule is necessary for the preservation of public peace, health, safety, or welfare. The emergency rule may remain in effect until July 1, 2018 or until this permanent rule is promulgated.
Plain Language Rule Analysis: These rules will modernize Wisconsin’s automated system for delivering recreational license products. This will result in better access to products, faster delivery of special permits and registrations, and improved customer service and satisfaction.
Sections 1, 6, 13, 14, and 15 of these rules replaces the outdated term “automated license issuance system” with the more generic “statewide automated system” to align with the terminology used in s. 23.47, Stats.
Section 2 repeals an unnecessary definition of “approval” and creates a definition of “authenticated” that identifies the conditions under which a Wisconsin operator’s license is valid as a form of proof of holding an approval.
Section 3 repeals the definition of “automated license issuance system”, a term that is no longer used in NR 8. While “automated license issuance system” is being replaced through NR 8 with “statewide automated system”, it is not necessary to define “statewide automated system”.
Section 4 creates a definition of “digital file” that specifies the file format type as a PDF or Hyper Text Markup Language (HTML) file issued by the department for purposes of displaying on an electronic device as proof of holding an approval.
Section 5 repeals unnecessary definitions of “retail agent” and “service provider”.
Section 7 repeals an outdated deadline to submit license agent applications.
Section 8 makes housekeeping changes to correct reference to a sub. and removes superfluous language.
Section 9 repeals a requirement that has been eliminated. Previously, all license agents were required to enter into an agreement with the service provider covering the maintenance and support of the electronic license equipment.
Section 10 clarifies an applicant shall sign the purchase receipt attesting that their privileges for all approvals issued have not been suspended in addition to being revoked, eliminates the unnecessary phrase “in a court of law”, and eliminates the requirement to carry the signed approval while exercising privileges authorized by the department, consistent with the change made in 2015 Act 89.
Section 11 establishes the alternative forms of acceptable proof of items that are issued by the department’s statewide automated system and the locations at and times during which those forms of proof are valid. For hunting licenses, hunting stamps, trapping licenses, guide licenses, goose permits, wild rice harvest licenses, disabled trolling and hunting permits, and fishing approvals and stamps used on inland waters that are not boundary waters or outlying waters, acceptable alternative forms of proof include a reprint of the original approval, a Wisconsin driver’s license, a conservation card, or a digital file displayed on an electronic device. For fishing licenses and fishing stamps used while fishing on inland waters that are boundary waters or while fishing on outlying waters, acceptable forms of proof include a reprint of the original approval. For hunter education, bow hunter education, elk hunter education, and trapper education certificates of accomplishment, acceptable alternative forms of proof include a reprint of the original approval, a Wisconsin driver’s license, a conservation card, or a digital file displayed on an electronic device. For atv/utv, boating, and snowmobile safety certificates, acceptable alternative forms of proof include a reprint of the original or a digital file displayed on an electronic device. For temporary operating receipts issued for atv/utv, boat, or snowmobile registration or temporary trail use receipts issued for atv/utv and snowmobile trail passes, acceptable alternative forms of proof include a reprint of the original approval and a digital file displayed on an electronic device. For a unique carcass tag for bear, deer, goose, grouse, sturgeon or turkey that has not been validated, the only alternative form of proof allowed is a reprint of the original approval. For wild ginseng dealer and harvester licenses, acceptable alternative forms of proof include a reprint of the original approval or a digital file displayed on an electronic device. This section stipulates that once a person harvests a bear, deer, goose, grouse, sturgeon or turkey under the authority of an unfilled carcass tag, that tag is considered filled and may no longer be reprinted. Lastly, this section establishes a person may obtain a reprint by printing a high-quality hard-copy themselves, requesting the department reprint the approval at a Service Center, or requesting that a license agent reprint the approval.
Section 12 repeals a rule provision regarding telephone issuance of approvals deemed unnecessary, as this rule provision recreates department authority already provided in statute.
Sections 16 and 17 of these rules consolidate requirements for the possession and transportation of certain game species in one location and makes the requirements more consistent among all of the species affected. Most of the provisions of this section are in place under current rules. These Sections and Section 38m would require that birds possessed while afield must retain a fully feathered head or wing so that they are identifiable. This was previously only required for pheasants and waterfowl. This would prevent dismemberment of a bird such as a turkey or sharp-tailed grouse after it is registered, but still possessed in the field in a hunting situation.
Section 18 establishes new regulations for the tagging and registration of game, consolidates existing regulatory information in one location, and makes regulations consistent among the species affected. The new rule provisions eliminate requirements that carcass tags be validated by marking the tag with a knife so that separating a designated portion of the tag as indicated on the tag is the primary method of validation. These rules also eliminate the requirement that carcass tags be immediately attached after harvesting an animal, which will prevent loss or damage to carcass tags which are paper instead of a more durable material. It would still be required to display the carcass tag upon the department’s request or to attach the tag any time the carcass is left unattended by the person who tagged the animal. The species affected are the ones for which the department requires carcass tags and includes: deer, bear, elk, wild turkey, sharp-tailed grouse, Canada goose when extra harvest control measures are being implemented, bobcat, fisher, otter, and wolves when they are not listed as a threatened or endangered species.
Section 19 repeals detailed descriptions of the requirements for validating, attaching, and removal and retention of bear carcass tags and establishes a cross reference to the new location for that information.
Sections 20 to 22 repeal a prohibition of possessing a validated deer carcass tag while hunting and not also in possession of a deer carcass. This prohibition is re-established in Sections 16 and 17 of these rules, and would apply for other permit species in addition to deer.