This proposed rule would repeal the requirement for the department to issue back tags along with elk hunting licenses. The requirement to wear a back tag while hunting elk, as well as while hunting deer or bear, has already been repealed by 2015 ACT 222.
Currently, trappers are required to register their bobcat, fisher, or otter pelts with a conservation warden or trained wildlife staff person within 5 days after the month of catch. Some wardens try to have a consistent fur registration day on the first Saturday of each month to provide consistency with the trapping public and alleviate numerous individual appointments during a busy time of year. Sometimes the first Saturday of the month lies on the 6th or 7th day after the month of harvest.
This proposal would make administrative code consistent with the recent statute that allows bright pink or fluorescent pink at times when blaze orange has been required in the past.
Presently, when disabled hunters purchase their license they must designate which type of land, public or private, they will be hunting when they receive a bonus antlerless tag. However, many disabled hunters run into an issue because they may be hunting private land for the special gun hunt for hunters with disabilities but public land for the nine-day deer gun season. If that hunter failed to get a doe on private land during the October disabled gun deer hunt, they are currently prohibited from harvesting a doe on public land during the gun season. This proposed change would allow disabled hunters to use either public or private land to harvest an antlerless deer.
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, and no design standards are contained in the rule.
11. Agency Contact Person: Scott Karel, 101 South Webster Str., PO BOX 7921, Madison, WI 53707-7921. (608) 267-2452, scottr.karel@wisconsin.gov. 12. Place where comments are to be submitted and deadline for submission:
Written comments were submitted to:
Scott Karel
Department of Natural Resources
P.O. Box 7921
Madison, WI 53707
608-267-2452
608-267-7857 (fax)
Section 1 NR 10.001 (23b) (b) is amended to read:
NR 10.001 (23b) (b) Acquired in whole or in part with funding from the stewardship program pursuant to s. 23.0916, Stats. established under Ch. 23 Stats. Section 2 NR 10.01 (table (3)) (e) 3. b. & 5., & (em) 3. a. is amended to read:
(e) Gun deer season except as established in s. NR 10.01 (3) (ex). |
b. Nuisance deer removal on the federally owned portions of the Apostle Islands using Muzzleloaders only. Federally owned portions of the Apostle Islands. | Muzzleloading firearm season October 1-31 | One deer per permit issued under Ch. NR 12. deer harvest authorization as described under s. NR 10.104 (15) (a) and (b). Additional deer may be taken pursuant to s. NR 10.104 (15) (d). |
5. Metropolitan deer management subunits LaCrosse, Hudson, Superior, Green Bay, Milwaukee, and Madison as described under s. NR 10.28 (2). | Firearm season beginning on the Saturday immediately preceding the Thanksgiving holiday and continuing for 19 consecutive days. | One buck deer with a gun buck deer carcass tag and one antlerless deer for each antlerless tag issued under s. NR 10.104. |
(em) Archery deer season except as established in s. NR 10.01 (3) (ex). |
3. Metropolitan deer management subunits |
a. Metropolitan deer management subunits LaCrosse, Hudson, Superior, Green Bay, Milwaukee, and Madison as described under s. NR 10.28 (2). | Beginning on the Saturday nearest September 15 and continuing through January 31. | One buck deer with an archery buck deer carcass tag and one antlerless deer for each antlerless tag issued under s. NR 10.104, except that no person may harvest a buck in an area of the state where an antlerless only firearm deer hunting season established under s. NR 10.01 (3) (e) is open. |
Section 3 NR. 10.01 (table (3)) (ep) 3. is repealed and recreated to read:
3. Metropolitan deer management subunits described under s. NR 10.28 (2). | Beginning on the Saturday nearest September 15 and continuing through January 31. | One buck deer with an archery buck deer carcass tag and one antlerless deer for each antlerless tag issued under s. NR 10.104, except that no person may harvest a buck in an area of the state where an antlerless only firearm deer hunting season established under s. NR 10.01 (3) (e) is open. |
Section 4 NR 10.02 (4) is repealed:
Section 5 NR 10.04 (1) is amended to read:
NR 10.04(1) Opossum, porcupine, skunk, and weasel, and woodchuck.
Section 6 NR 10.11 (2) is amended to read:
NR 10.11(2) Tags. A back and carcass tag shall be issued with each hunting license. While hunting, no person may possess a validated carcass tag unless it is attached to a legally killed elk.
Section 7 NR 10.145 (5) (a) 1. is amended to read:
NR 10.145 (5) (a) 1. ‘Bobcat, fisher and otter.’ Unless authorized by the department, each person who has killed a bobcat, fisher or otter during the respective open season shall exhibit the pelt, separated from the rest of the carcass, to an authorized department representative no later than 5 days 7 days after the month of harvest.
Section 8 NR 45.09 (2) (c) is amended to read:
NR 45.09 (2) (c) Hunt from any ground blind during any open season or special hunt for hunting deer with firearms unless the outside of the blind displays a minimum of 144 square inches of material that is a solid highly visible color commonly referred to as blaze orange, florescent orange, or florescent blaze orange, or commonly referred to as bright pink or fluorescent pink and is visible 360 degrees around the blind. Blinds that are left unoccupied shall have the owner's customer identification number or name and address written in the English language attached to the outside of the blind in a conspicuous location near the entrance to the blind and be kept legible at all times. Section 9. NR 10.28 (2) (a) & (g) are amended to read:
10.28 (2) (a) La Crosse area
10.28 (2) (g) Eau Claire area.
Section 10. NR 10.29 is amended to read:
Section 11. NR 10.40 (3) (f) & (note) is amended to read:
NR 10.40 (3) (f) Rule compliance. Unless otherwise provided by the department, all disabled hunters and accompanying persons shall comply with all hunting rules and laws applicable to the regular gun deer season specified under s. NR 10.01 (3) (e). The bag limit is one buck deer per valid gun buck deer carcass tag and additional antlerless deer per current valid antlerless deer permit. An antlerless deer permit that is issued under s. NR 10.104 (7) may be used by a participant in this special hunt in any unit statewide on both public access land or private land. Other hunters, hunting on the lands described on the application during the special gun deer hunt, shall comply with the blaze orange clothing requirements in s. 29.301 (2), Stats., except waterfowl hunters.
Note: Blaze orange clothing meeting the requirements of s. 29.301 (2), Stats., must be worn by all disabled hunters and accompanying persons. Participants must use their regular gun deer season license, backtag, and carcass tag. Section 12. 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 13. Board adoption. This rule was approved and adopted by the State of Wisconsin Natural Resources Board on February 28, 2018.
