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.
WM-22-18 (E)
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:
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. Section 1 NR 10.001 (11) is created to read:
NR 10.001 (11): “Harvest Authorization” means an approval that authorizes the hunter to harvest one animal of the type identified, subject to any zone, unit, time period, and other restrictions conditioned upon the authorization, and includes a bonus deer hunting permit. Each harvest authorization is identified by a unique harvest authorization number.
Section 2 NR 10.001 (3x) is amended to read:
NR 10.001 (3x) “Bonus deer hunting permit" for purposes of s. 29.181, Stats. and this chapter, means any additional carcass tags harvest authorizations purchased and any antlerless permits issued under s. NR 10.104 (8) (a) and (b). Section 3 NR 10.001 (6d) is repealed.
Section 4 NR 10.001 (22) is repealed and recreated to read:
(22) “Possession limit" means the maximum number of a game species that a person may possess at-large, and includes all game stored or controlled by a person, regardless of the proximity to the location of storage.
Note: Frozen, canned, or otherwise preserved or processed game remain in the possession of an individual until consumed or gifted to another.
Section 5 NR 10.01 (table (2)) (f) is repealed and recreated to read:
10.01 (2) GAME BIRDS. See Table (2).
Table (2)
Kind of animal and locality | Open season (all dates inclusive) | Daily Bag Limit |
NR 10.01 (2) (f) Wild Turkey |
1. All wild turkey hunting zones as described in s. NR 10.29, excluding state parks, for which a quota has been established under s. NR 10.25 (5). | Spring seasons beginning on the third Wednesday in April and continuing Wednesday through Tuesday of the following week for 6 consecutive 7−day time periods, except on Ft. McCoy military reservation where the season continues for 40 consecutive days. | The bag limit is one male or bearded turkey for each wild turkey harvest authorization issued under NR 10.25. |
2. All wild turkey hunting zones as described in s. NR 10.29 and the Mill Bluff state park portion of zone 1, excluding all other state parks, for which a quota has been established under s. NR 10.25 (5). | Fall season beginning on the Saturday nearest September 15 and continuing through the Friday immediately preceding the Thanksgiving holiday. | The bag limit is one male or one female turkey for each wild turkey harvest authorization issued under NR 10.25. |
Wild turkey hunting zones 1−5, as described in s. NR 10.29 and the Mill Bluff state park portion of zone 1, excluding all other state parks, for which a quota has been established under s. NR 10.25 (5). | Fall season reopening on the Saturday immediately preceding the Thanksgiving holiday and continuing through December 31. | The bag limit is one male or one female turkey for each wild turkey harvest authorization issued under NR 10.25. |
Note: Glacial Heritage Area state park lands may be leased to another unit of government for management purposes and access permits to hunt turkeys on those lands would be obtained from that unit of government. |
4. Youth turkey hunt. a. Persons under the age of 16 years of age who possess a valid wild turkey harvest authorization issued for the current license year, and all necessary ch. 29, Stats., approvals may hunt turkeys for 2 consecutive days starting on the Saturday immediately preceding the beginning of the spring turkey hunting season established in subd. 1. in the turkey management zone for which the harvest authorization was issued. The bag limit is one male or bearded turkey for each wild turkey harvest authorization issued under NR 10.25. Hunters shall be accompanied by an adult 18 years of age or older and be in compliance with s. 29.592, Stats. One adult may not accompany more than 2 hunters and pursuant to s. 29.592, Stats., not more than one of the 2 hunters may be age 10 or 11, or be a person who does not possess a certificate of accomplishment under s. 29.591, Stats., or its equivalent from another state, country or province. All other spring turkey hunting regulations apply. |
b. A youth who does not successfully harvest a turkey during the 2−day youth hunt established in subd. 4. a. may use their harvest authorization during the time period and in the zone for which the harvest authorization was issued. |
Section 6 NR 10.01 (table (3)) (e), (em), (ep), (es), (ev) and (ex) are repealed and recreated to read:
10.01 (3) UPLAND GAME ANIMALS. See Table (3).
Kind of animal and locality except when modified by the department under s. NR 10.01 (3) (ex) | Open season (all dates inclusive) | Daily Bag Limit except when modified by the department under s. NR 10.01 (3) (ex) |
NR 10.01 (3) (e) Gun deer season except as established in s. 10.01 (3) (ex). |
1. a. All that part of the state not otherwise listed in subds. 2. to 5. | Firearm season beginning on the Saturday immediately preceding the Thanksgiving Day holiday and continuing for 9 consecutive days. | One buck deer for each gun buck deer harvest authorization and one antlerless deer for each antlerless harvest authorization issued under s. NR 10.104. |
b. All that part of the state not otherwise listed in subds. 2. to 4. | Firearm season beginning on the second Thursday following the Thanksgiving Day holiday and continuing for 4 consecutive days. | One antlerless deer for each antlerless harvest authorization issued under s. NR 10.104. |
2. State parks, trails and forests. State parks, trails, and forests are open during the seasons and subject to the same bag limit listed in subd. 1 except as established in subd. par. a. to c., and except that no person may hunt deer on the state−owned portions of state parks, trails and recreation areas in locations and at times when the department has determined that prohibiting hunting is necessary pursuant to s. 29.089 (1m) (b), Stats. Portions of state properties may also be posted as closed to hunting. No person may use a firearm, other than a muzzleloading firearm, to hunt deer within the boundaries of Perrot, High Cliff, Peninsula, Rib Mountain, Harrington Beach, Kohler-Andrae, and Wildcat Mountain state parks, and the Loew Lake Unit – Kettle Moraine state forest |
a. Perrot, High Cliff and Peninsula state parks and the Loew Lake Unit − Kettle Moraine state forest. | Muzzleloading firearm season beginning on the Saturday immediately preceding the Thanksgiving Day holiday and continuing for 9 consecutive days. | One buck deer for each gun buck deer harvest authorization and one antlerless deer for each antlerless harvest authorization issued under s. NR 10.104. |
b. Rib Mountain, Harrington Beach, Kohler-Andrae and Wildcat Mountain state parks. | Muzzleloading firearm season beginning on the Saturday immediately preceding the Thanksgiving Day holiday and continuing for 19 consecutive days. | One buck deer for each gun buck deer harvest authorization and one antlerless deer for each antlerless harvest authorization issued under s. NR 10.104. |
c. Buckhorn state park in the area east of 19th avenue, north of county HWY G, and north of 31st street. | Firearm seasons listed in subd. 1, the muzzleloader season established in subd. (es) 1., and the youth hunt in par. (ev). | One buck deer for each gun buck deer harvest authorization and one antlerless deer for each antlerless deer harvest authorization issued under s. NR 10.104. |
a. Fort McCoy military reservation in Monroe county and Volk Field military facility in Juneau county. | Firearm season type as established by military permit and approved by the department by August 1 annually. | Sex and type of deer is as specified on permit issued by military facility. |
Note: The department does not issue deer hunting permits for the Fort McCoy and Volk Field military facilities. Hunters must apply directly to these facilities for a deer hunting permit and are limited to the type of deer specified on the permit. |
4. Menominee county | Firearm season type as established by the Menominee tribe for tribal members only. | As established by the Menominee tribe. |
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 for each gun buck deer harvest authorization and one antlerless deer for each antlerless harvest authorization issued under s. NR 10.104. |
