6. Summary of, and Comparison with, Existing or Proposed Federal Statutes and Regulations: Provided state rules and statutes do not relieve individuals from the restrictions, requirements and conditions of Federal statutes and regulations, regulation of hunting and trapping of native species has been delegated to state fish and wildlife agencies. Additionally, none of the proposed rules exceed the authorities granted the states in 50 CFR 10. 7. Comparison with Similar Rules in Adjacent States: All of Wisconsin’s neighboring states have established management units for the purpose of managing deer populations. By using units with identifiable boundaries, deer populations can be monitored and kept at various population levels to more effectively control the deer herd, to address regional differences in habitat and population (human and deer) and to reduce conflict with other land uses such as residential, agricultural or forested. In addition, neighboring states utilize population goals, informed by hunter and public input, to keep deer populations at levels that are biologically and socially acceptable.
8. Summary of Factual Data and Analytical Methodologies Used and How Any Related Findings Support the Regulatory Approach Chosen: The department has evaluated the need for deer population objective reviews in each deer management unit based on metrics including: 1) Prevalence of chronic wasting disease and other diseases; 2) Intolerable level of agricultural damage and impacts on forest regeneration; 3) Social tolerance of deer herds; 4) Hunter demand for antlerless permits; 5) Hunter buck harvest success rate; 6) Vehicle-car accident rate; and 7) Deer population trends and public perception of population trends. These metrics were summarized in the Deer Trustee Report of 2012 and are provided to the County Deer Advisory Councils to serve as a foundation for their population objective and annual deer season recommendations.
9. Analysis and Supporting Documents Used to Determine the Effect on Small Business or in Preparation of an Economic Impact Report: These rules, and the legislation which grants the department rule-making authority, do not have fiscal effects on the private sector or small businesses. No costs to the private sector or small businesses are associated with compliance to these rules.
10. Effect on Small Business (initial regulatory flexibility analysis): These rules are applicable to individual sportspersons and impose no compliance or reporting requirements for small businesses, nor are any design or operational standards contained in the rule.
11. Agency Contact Person: Meredith Penthorn, 101 S. Webster St., P.O. Box 7921, Madison, WI 53707, 608-267-2948, Meredith.Penthorn@wisconsin.gov; Kevin Wallenfang, 101 S. Webster St., P.O. Box 7921, Madison, WI 53707, 608-261-7589, Kevin.Wallenfang@wisconsin.gov 12. Place where comments are to be submitted and deadline for submission:
Written comments may be submitted at the public hearings, by regular mail, fax or email to:
Meredith Penthorn
Department of Natural Resources
P.O. Box 7921
608-267-2948
608-267-7857 (fax)
Hearing dates and the comment submission deadline are to be determined.
Section 1 NR 10.104(2) is amended to read:
10.104 Deer population management.
10.104 (2) DEER MANAGEMENT UNITS; WHERE ESTABLISHED. The deer management unit boundaries are the county boundaries as established in ch. 2, Stats., and s. NR 10.28 (1) except for areas that are subdivided as: 10.104 (2) (a) Metropolitan deer management subunits.
10.104 (2) (b) Islands of the Apostle Islands National Lakeshore.
10.104 (2) (c) Madeline Island in Ashland County.
10.104 (2) (d) Being within the exterior boundaries of the Bad River, Lac Courte Oreilles, Lac du Flambeau, Menominee, and Red Cliff reservations.
Section 2 NR 10.28(1) is repealed and recreated.
Section 3. Statement of Emergency. The companion emergency rule WM-07-17 is needed to manage deer populations in Deer Management Units. Normal rule-making procedures will not allow the establishment of these changes in time for County Deer Advisory Councils to utilize the revised 3-year deer population objectives and Deer Management Unit boundaries as a basis for forming annual antlerless quota, permit level and season structure recommendations for the 2018 season. Failure to modify our rules will result in the failure to provide hunting opportunity, properly manage the deer population and comply with administrative rules.
Section 4. Effective Date. This rule takes effect on the first day of the month following publication in the Wisconsin Administrative Register as provided in s. 227.22 (2) (intro.), Stats. Section 5. Board adoption. This rule was approved and adopted by the State of Wisconsin Natural Resources Board on _______.
Appendix 1
Preliminary CDAC recommendations for deer population objectives and DMU boundaries, 2018 – 2020
