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 November 13, 2017. 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 (1), 10.106 (1), (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 (2) (Intro.), 10.145 (7) and (8), and 10.25 (4) and (5); to renumber and amend NR 10.106 (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), 10.11 (2), 10.125 (3) (Intro.), 12.06 (10), and 20.33 (5) (c) and (d); to repeal and recreate NR 8.01 (1), 10.101 (3), 10.103 (2), 10.105 (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, and 10.104 (9m) (c) 2.; related to Customer and Outreach Services rules related to the automated system for delivering recreational license products. CS-03-16
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. The provisions within the 2017-18 biennial budget (2017 Wisconsin Act 59) necessitated changes to the rule language addressed in this permanent rule. The Statement of Scope for this rule was too limited to make all the required changed to fully implement the provisions included in 2017 Wisconsin Act 59. As such, additional rulemaking will be required to fully codify the budget provisions. Plain Language Rule Analysis:
The items detailed in the proposed permanent rule are needed to allow for the continued use of the statewide licensing system currently known as Go Wild. The automated system offers flexible fulfillment options, faster delivery of approvals, and improved customer service.
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 editorial 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, wild turkey harvest authorizations, deer carcass tags, 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 in lieu of the original approval include a reprint of the original approval, an authenticated Wisconsin driver’s license, a DNR conservation card, or a department-generated 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 in lieu of the original approval 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 in lieu of the original include a reprint of the original approval, an authenticated Wisconsin driver’s license, a conservation card, or a department-generated digital file displayed on an electronic device. For atv/utv, off-highway motorcycles, boat, and snowmobile safety certificates, acceptable alternative forms of proof in lieu of the original include a reprint of the original or a department-generated digital file displayed on an electronic device. For temporary operating receipts issued for atv/utv, off-highway motorcycles, boat, or snowmobile registration or temporary trail use receipts issued for atv/utv, off-highway motorcycles and snowmobile trail passes, acceptable alternative forms of proof in lieu of the original include a reprint of the original approval or a department-generated digital file displayed on an electronic device. For a unique carcass tag for bear, Canada goose when extra harvest control measures are being implemented, grouse, or sturgeon that has not been validated, the only alternative form of proof allowed in lieu of the original 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 department-generated digital file displayed on an electronic device. This section stipulates that once a person harvests a bear, goose, grouse, or sturgeon under the authority of an unfilled carcass tag, that tag is considered filled and may no longer be reprinted. Lastly, this section establishes that when a reprint is authorized 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:bear, elk, 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. In addition, Section 18 establishes registration requirements for deer and wild turkey.
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 in alignment with the budget act. Section 21 establishes a prohibition on possessing a deer carcass in violation of registration requirements.
Sections 23 to 28 repeal rules that were to be effective for the first time in 2016 and would have modified the allowable uses of antlerless tags issued with an archer or crossbow license. This rule will maintain that antlerless tags are valid in a farmland zone unit of the buyer’s choice and will result in no change compared with rules in effect in 2014 and in 2015. These sections will maintain that antlerless permits issued with the purchase of a firearm, archer, or crossbow license are not weapon or season specific, but the holder must possess the correct license for the method of harvest and season, which will also result in no change compared with rules previously in effect.
Sections 29 to 29r would allow the department to sell antlerless tags directly to people who will hunt on public and private lands that are enrolled in the deer management assistance program. Under current rules, private land program enrollees need to purchase the antlerless tags and the enrollee needs to distribute the tags to other hunters. Additionally, Section 29 corrects a drafting error from previous rulemaking.
Sections 30 and 31 repeal detailed descriptions of the requirements for possessing and transporting deer and bear. The language regarding the requirements for the possession and transportation of bear is reestablished in Section 17. In addition, Sections 30 and 31 maintain language that allows dividing a deer or bear into as many as five parts while in the field in order to facilitate transportation.
Section 32 moves language that establishes regulations for quartering deer and bear carcasses in the field to a more appropriate subsection.
Sections 33 and 34 repeal detailed descriptions of the requirements for registering deer and establishes a cross reference to the new location for that information. Sections 33 and 34 also repeal detailed descriptions of the requirements for tagging deer to be consistent with the statutory provisions of 2017 Wisconsin Act 59. Sections 33 and 34 repeal detailed descriptions of the requirements for registering and tagging bear and establishes a cross reference to the new location for that information. Sections 35 to 38 repeal requirements and prohibitions related to transportation of elk, elk carcass tags, and the registration of harvested elk. This language is reestablished in Sections 16 and 17 of these rules and is more consistent with comparable requirements for other species. Finally, Section 38 also repeals a cross reference to the hunting hours for elk which may be superfluous language considering that similar cross references to the section establishing all hunting hours are not found where the regulations for other species are established.
Section 39 eliminates the requirement to record harvest of Canada geese by marking a goose hunting permit.
Sections 40 to 41 amend detailed descriptions of the requirements for tagging, possessing and transporting Canada geese and establish a cross reference to the new location for that information. The department’s ability to require that Canada geese harvested in the Horicon be tagged is not currently being utilized but this language is being updated in case that harvest control measure is needed in the future.
Sections 42 to 44 repeal requirements for tagging, recording of harvest, possessing, and transferring harvested bobcat, otter, fisher, and wolf. A cross reference to the new location for that information is established. It will still be necessary to physically attach a pelt tag to these species immediately upon harvest and registration of the pelts at a department location will still be required. However, if the department determines that not attaching carcass tags would be feasible in the future, the department would have the flexibility to allow that practice.
Sections 45 to 47 repeal detailed descriptions of the requirements for tagging and registering wild turkeys and establish a cross reference to the new location for the registration information.
Section 48 repeals a detailed description of the requirements for tagging sharp-tailed grouse and establishes a cross reference to the new location for that information.
Sections 49 and 50 repeal detailed descriptions of the requirements for tagging and registering deer harvested under the authority of nuisance and damage permits in Ch. NR 12 and establish a cross reference to the new location for the registration information in Ch. NR 10. Sections 51 to 57 update rules for the tagging and registration of lake sturgeon harvested during the existing hook‑and‑line and spearing seasons. The rule provisions eliminate requirements that a carcass tag be validated by marking it with a knife. Instead, people who harvest sturgeon must follow the validation directions written on the carcass tags. These sections 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. Anglers will 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 rule also clarifies that the person who harvested the sturgeon must be the person who registers a sturgeon at a department registration station. Finally, section 53 requires that sturgeon harvested during the hook-and-line season be registered by 5:00 p.m. on the day after harvest instead of 6:00 p.m. for consistency with the requirements for registering most other species.
Federal Regulatory Analysis: States may manage the fish and 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.
Migratory game bird hunting is regulated by the United States Fish & Wildlife Service (USFWS), in 50 CFR part 20. Under international treaty and Federal law, migratory game bird seasons are closed unless opened annually through the USFWS regulations process. Wisconsin annually adjusts migratory bird seasons and regulations in order to stay within the federal framework.
