EmR1902 Rule Text

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. [phone], [e-mail].

Hearing dates and the comment submission deadline are to be determined.

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.

3. Federal properties

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.

(em) Archery deer season except as established in s. NR 10.01 (3) (ex).

1. All that part of the state not otherwise listed in subds. 2. to 4.

Beginning on the Saturday nearest September 15 and continuing through the Sunday nearest January 6.

One buck deer for each archery buck deer harvest authorization and one antlerless deer for each antlerless harvest authorization 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 NR10.01(3)(e) or (ex) is open.

2. Federal properties.

a. Fort McCoy military reservation in Monroe county and Volk Field military facility in Juneau county.

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.

b. Federally owned portions of the Apostle Islands.

Beginning on the Saturday nearest September 15 and continuing through September 30 and November 1 through the Sunday nearest January 6.

One deer for each 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).

3. Metropolitan deer management subunits

a. Metropolitan deer management subunits as described under s. NR 10.28 (2).

Beginning on the Saturday nearest September 15 and continuing through January 31.

One buck deer for each archery buck deer harvest authorization and one antlerless deer for each antlerless harvest authorization 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 NR10.01(3)(e) is open.

4. State parks, trails, forests and recreation areas. 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, forests 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 properties may also be posted closed to hunting.

a. Buckhorn state park

During the archery deer season described in subd. 1.

One buck deer for each archery buck deer harvest authorization and one antlerless deer for each antlerless harvest authorizations issued under s. NR 10.104.

b. Big Bay, Blue Mound, Governor Dodge, and Tower Hill state parks.

Beginning on Oct. 15 and continuing through the Sunday nearest January 6.

One buck deer for each archery buck deer harvest authorization and one antlerless deer for each antlerless harvest authorization 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 NR10.01(3)(e) is open.

Note: When purchasing an archer license, a person who has already been issued a license authorizing deer hunting with a crossbow will not receive the archery buck deer harvest authorization described in this subsection or an antlerless deer harvest authorization valid in farmland zones. A person may use any harvest authorization issued with a license authorizing hunting deer with a crossbow during the crossbow deer season established in sub. (ep) under the authority of a valid archer license during the archery season established in this subsection.

(ep) Crossbow deer season except as established in s 10.01 (3) (ex).

1. All that part of the state not otherwise listed in subds. 2. to 4.

Beginning on the Saturday nearest September 15 and continuing through the Sunday nearest January 6.

One buck deer for each archery buck deer harvest authorization and one antlerless deer for each antlerless harvest authorization 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 NR10.01(3)(e) or (ex) is open.

2. Federal properties.

a. Fort McCoy military reservation in Monroe county and Volk Field military facility in Juneau county.

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.

b. Federally owned portions of the Apostle Islands.

Beginning on the Saturday nearest September 15 and continuing through September 30 and November 1 through the Sunday nearest January 6.

One deer for each 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).

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 for each archery buck deer ­harvest authorization and one antlerless deer for each antlerless ­harvest authorization 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.

4. State parks, trails, forests and recreation areas. 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, forests 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 properties may also be posted as closed to hunting.

a. Buckhorn state park

During the archery deer season described in subd. 1.

One buck deer for each archery buck deer harvest authorization and one antlerless deer for each antlerless harvest authorizations issued under s. NR 10.104.

b. Big Bay, Blue Mound, Governor Dodge, and Tower Hill state parks.

Beginning on Oct. 15 and continuing for the remainder of the archery deer season described in subd. 1.

One buck deer for each archery buck deer harvest authorization and one antlerless deer for each antlerless harvest authorizations issued under s. NR 10.104.

Note: When purchasing a crossbow license, a person who has already been issued a license authorizing deer hunting with a bow and arrow will not receive the buck deer harvest authorization described in this subsection or an antlerless deer harvest authorization valid in farmland zones. A person may use any harvest authorization issued with a license authorizing hunting deer with a bow and arrow during the season established in par. (em) under the authority of a valid crossbow license during the crossbow season established in this subsection.

(es) Muzzleloader deer season except as established in s 10.01 (3) (ex).

1. All that part of the state not otherwise listed in subd. 2., except for metropolitan deer management subunits established in s. NR 10.28 (2).

Beginning on the Monday immediately following the Thanksgiving Day holiday and continuing for 10 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.

2. Federally owned portions of the Apostle Islands.

Muzzleloading firearm season October 1−31.

One buck for each harvest authorization as described under s. NR 10.104 (15) (c). Additional deer may be taken pursuant to s. NR 10.104 (15) (d).

(ev) Special youth gun deer hunt event.

Persons under 16 years of age may hunt deer with a firearm for 2 consecutive days beginning on the Saturday nearest October 8 in all deer management units, except state parks other than Buckhorn State Park. No person may hunt deer with any firearm other than a muzzleloading firearm at the Loew Lake Unit of the Kettle Moraine state forest. The bag limit is one buck deer with a gun buck deer harvest authorization and one antlerless deer for each antlerless harvest authorization issued under s. NR 10.104. No person may hunt unless accompanied by an adult 18 years of age or older and in compliance with s. 29.592, Stats. No parent or guardian may knowingly permit a person under 16 years of age to hunt unless accompanied by an adult 18 years of age or older. No adult may 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 hunting regulations apply. Blaze orange requirements under s. 29.301 (2), Stats., apply to all hunters on these days except waterfowl hunters.

(ex) Deer season framework modifications.

The department may modify the deer hunting seasons and bag limits established in s. NR 10.01 (3) upon approval of the board and the issuance of an order of the secretary and publication in the official state newspaper. 1. The department may modify the bag limits for a deer season in the following ways: a. The bag limit shall be one antlerless deer for each antlerless deer harvest authorization issued under s. NR 10.104 for all archery, crossbow, or firearm deer seasons. No person may harvest any buck deer except as authorized by ss. 29.173 (2) (b) and 29.193 (2) (cr) 1. and 4. 2. The department may modify the deer hunting season dates and bag limit in a farmland zone by establishing that the firearm season reopens on December 24 and continues through January 1. Only antlerless deer may be harvested. 3. The department may modify the archer and crossbow season dates so that those seasons continue through January 31 in a farmland zone unit where it has also modified the season dates as established under subd. 2.

Section 7   NR 10.07 (1) (b) (3) and (2m) (g) (2) are amended to read:

NR 10.07 (1) (b) (3) While hunting with a firearm, bow, or crossbow, possess or accompany a person possessing any turkey decoy or device which may be used to call or attract wild turkeys during the spring hunting season for wild turkeys described in s. NR 10.01 (2) (f) unless that person possesses a valid, unused turkey hunting license and permit and carcass tag harvest authorization.

(2m) (g) (2) Valid approval required. Unless hunting pursuant to s. NR 10.07 (2) (b) 8., no person may hunt over bait or feed material placed for:

1. Bear without possessing a valid unused class A bear license and carcass tag.

2. Deer without possessing an appropriate valid unused archer, crossbow, or gun deer license and carcass tag valid harvest authorization.

Section 8   NR 10.08 (2) and (3) are repealed and recreated to read:

NR 10.08 (2) Daily Bag Limit.

(2)(a) Generally.

1. Daily bag limits are established on a per-hunter basis, are not transferable, and cannot be shared, except as provided in s. 29.324. No person may take, or attempt to take, any game for another person, unless in compliance with s. 29.324.

2. No person may gift game to any person while afield. All gifted game remain counted toward the daily bag limit of the original harvester.

3. If an animal is required to be registered under NR 10.085, no person may gift game to any person until after it has been registered under NR 10.085.

(b) No person may:

1. Take, or attempt to take, any game for which a daily bag limit is established and restricted to an issued harvest authorization or tag without holding the proper valid harvest authorization or tag.

2. Take, or attempt to take, any game in excess of one daily bag limit in any one day.

NR 10.08(3) Possession and Possession Limit.

(3)(a) No person may:

  1. exceed an established possession limit unless otherwise authorized by the department.

2. possess game killed by unlawful or unknown means, unless otherwise authorized by the department.