It is likely that the department will collect less information from Canada goose hunters under this proposal than under current rules. The department will continue to collect harvest information for migratory birds as required under federal rules. We will evaluate our use of that information and investigate alternative methods of gathering harvest information.
The department will consider additional policy alternatives that may be identified in development of these rules. These rules may make additional changes which are necessary in order to implement the Act, provide customer service, or to assure that provisions of current rules are enforceable.
4. Detailed explanation of statutory authority for the rule (including the statutory citation and language):
Section 29.014 (1), Stats., directs the department to establish and maintain any bag limits and conditions governing the taking of fish and game that will conserve the fish supply and ensure the citizens of this state continued opportunities for good fishing and hunting. A number of provisions in 2017 Wisconsin ACT 59 provide initiative for this rulemaking project.
In the s. 29.164 (2) (a), Stats., the department is prohibited from requiring the possession of validation of a turkey carcass tag. In s. 29.164 (2) (c) 2. and in numerous other locations the term “authorization” is established as an alternative to “carcass tag” related to turkey hunting. The department is prohibited from requiring reporting or registration of Canada goose harvest by provisions of 29.192 (1) (b) and 29.192 (1m).
In the s. 29.347 (2), Stats., provisions establishing that the department shall require the possession or validation of a deer carcass tag are eliminated. This change in policy is most clearly seen by reviewing Section 578u. of the 2017 Executive State Budget. 5. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
Employees will likely spend more than 160 hours developing these rules.
6. List with description of all entities that may be affected by the proposed rule:
Hunters who pursue deer, turkeys, and Canada geese are most likely to be impacted by these rules. Requirements that currently apply to these hunters have been reduced or eliminated by recently enacted statutes and these rules will make comparable changes to administrative code.
Private vendors who contract with the department to issue licenses will also be affected by the proposed rules. Those include a range of retail outlets such as convenience stores, department stores, small sporting goods shops, as well as large retailers of outdoors-related merchandise. In nearly all situations, the effects are likely to be minimal and likely to result in improved delivery and access to services.
7. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:
For deer and turkey hunting, there are no related federal regulations. States possess inherent authority to manage the wildlife resources located within their boundaries, except insofar as preempted by federal treaties and laws, including regulations established in the Federal Register.
The state is required by federal regultions to gather and report migratory bird harvest information to the U.S. fish and wildlife service. Under these rules the department will continue to fulfill those requirements.
8. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses):
No economic impacts are anticipated as a result of these rules. The department currently requires hunters to obtain licenses for hunting and establishes bag limits and other requirements for hunting. The department currently contracts with a vendor and provides automated licensing to the public at private retail outlets, department service centers, and online. Following these rules, the same basic framework of hunting regulations and license delivery will still be in place.
The long range implications of this rule proposal will be the same as the short term impacts in that access to outdoor recreational activities will continue or improve and that activity will continue to generate economic activity.
These rules are primarily applicable to individuals and impose no new compliance or reporting requirements for small business. Vendors who choose to serve as department license outlets would continue to have compliance and reporting requirements and follow operational standards, however, we do not anticipate that those will be significantly different than what is currently required of vendors.
These rules will not modify the actual fees for any licenses or permits.
9. Anticipated number, month and locations of public hearings:
The Department anticipates holding two public hearings in early January. Hearing cities will Wausau and Madison.
The Department has selected this modest hearing schedule because the major policy determinations have been made by statute and these rules serve primarily to make our requirements consistent with new laws.
Contact Person: Scott Loomans, Program and Policy Analyst, (608) 266-5206
