ORDER OF THE STATE OF WISCONSIN NATURAL RESOURCES BOARD
REPEALING, AMENDING, REPEALING AND RECREATING AND CREATING RULES
The Wisconsin Natural Resources Board proposes an order to repeal NR 10.001 (6d), NR 10.085 (1) (d), NR 10.104 (14), NR 10.125 (3), and (4) (a) and (note) ; to amend NR 10.001 (3x), NR 10.07 (1) (b) (3) and (2m) (g) (2), NR 10.08 (7) (h), NR 10.085 (intro) and (6) (c) 1., NR 10.103 (1), NR 10.104 (6), (7), (8), and (9), NR 10.104 (9m), (10), and (12), NR 10.104 (15) (intro.), (a), (b) and (d), NR 10.106, NR 10.16 (2), (2m) , (3) and (4), NR 10.24 (3) (b), NR 10.25 (1) (a) 1., (f), and (g), and (4) (intro), NR 10.41 (3) (e), and NR 10.72 (2) (c); to repeal and recrate NR 10.001 (22), NR 10.01 (table (2)) (f), NR 10.01 (table (3)) (e), (em), (ep), (es), (ev) and (ex), NR 10.08 (2) and (3), and NR 10.40 (3) (f) and (note); and to create NR 10.001 (11) and NR 10.085 (6m) relating to wildlife harvest management regulations.
Analysis Prepared by the Department of Natural Resources
1. Statute Interpreted: 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 s. 29.164 (2) (a), Stats., the department is prohibited from requiring the possession or validation of a turkey carcass tag. In s. 29.164 (2) (c) 2., Stats., 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 s. 29.192 (1) (b) and 29.192 (1m), Stats. In 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. 2. Statutory Authority: Statutes that authorize the promulgation of this rule order include sections 29.014, 29.164, 29.192, 29.347, and 227.11, Stats. 3. Explanation of Agency Authority: In the chapter on wild animals and plants, s. 29.014, “rule making for this chapter”, establishes that the department shall maintain open and closed seasons for fish and game and any limits, rest days, and conditions for taking fish and game. This grant of rule-making authority allows the department to make changes related to hunting regulations.
4. Related Statutes or Rules: This rule is related to currently active department rules CS-05-17(E), WM-04-16(E), WM-04-18, WM-07-17 (E), WM-08-17 and WM-16-17.
5. Plain Language Analysis:
Section 1 defines the term “harvest authorization.”
Sections 2, 5 to 7, 14, 15, 16, 18, 21, and 23 to 26 replaces the terms “tag” and “carcass tag”, and in certain instances the term “permit” with “harvest authorization”, the more appropriate term for describing the hunting privilege that is required in order to harvest certain species of animals. Also, the term “bonus antlerless tag” is changed to the term “bonus antlerless permit” which is consistent with statutory language found in s. 29.181.
Section 3 repeals the definition for “current validated deer carcass tag” since deer carcass tags will no longer be issued.
Section 4 amends the definition of the term “possession limit.”
Sections 8 to 10 and 13 protects harvest integrity as result of the removal of tagging and gifting requirements, as well as the group deer hunting modifications.
Section 11 removes tagging and registering requirements for Canada geese.
Section 12 corrects an improper section reference so that current rules remain enforceable.
Section 17 deletes language that authorizes the issuance of deer carcass tag replacements for hunters that placed the incorrect tag on a harvested deer.
Section 19 deletes language referencing tagging a deer prior to registration.
Section 20 deletes language describing tagging requirements for Canada geese harvested in the Horicon zone. It also removes requirements of harvest reporting of Canada goose harvest in compliance with sections s. 29.192 (1) (b) and 29.192 (1m), Stats.
Section 22 adds the restriction that harvest authorizations, along with permits and carcass tags, are not transferable or replaceable in the Bong state recreation area hunting zone. The terms carcass tags and permits are not deleted here because other species of animals may still require a permit or carcass tag to be harvested in the Bong state recreation area hunting zone.
6. Summary of, and Comparison with, Existing or Proposed Federal Statutes and Regulations: 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 regulations 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.
7. Comparison with Similar Rules in Adjacent States: Illinois, Iowa, Michigan and Minnesota all issue tags to hunters for both deer and turkey that must be attached to the animal following harvest. Iowa, Illinois and Minnesota require harvesters to write the registration confirmation number on the tags attached to the animal. These states do not require a harvest registration for Canada geese.
8. Summary of Factual Data and Analytical Methodologies Used and How Any Related Findings Support the Regulatory Approach Chosen: Previously, statutes required the department to issue carcass tags that authorized the harvest of a deer or turkey and required validation of the carcass tag upon taking possession of the animal. The department has also required hunters to report the harvest of Canada geese within 48 hours of harvest and used that reporting information to make harvest management decisions. This proposed rule brings NR 10 up to date following the effective date of 2017 Wisconsin ACT 59. That Act prohibited the department from requiring the possession or validation of a physical carcass tag for turkeys and eliminated the requirement that deer hunters possess or validate a physical deer carcass tag. Additional legislation prohibited the department from requiring reporting or registration of Canada goose harvest. The department’s recently developed Go Wild system can issue and track tag authorizations without requiring physical carcass tags.
9. Analysis and Supporting Documents Used to Determine the Effect on Small Business or in Preparation of an Economic Impact Report: