Under current law, there are a number of nuanced weapon and ammunition regulations that are very old and increase regulation complexity despite having little to no present evidence, other than anecdotal, that they are necessary and appropriate. In general, the current regulations seem to be a mix of “hunting ethics” and safety; the new proposal balances those interests while creating and adaptable framework for future weapon innovations in an overall simplified framework.
Currently, counties may request an advancement from the department for the costs incurred while administrating the wildlife damage program. Counties have not requested an advancement from the department in many years so this provision is likely not necessary.
The ability for the Department to issue Class B bear licenses was removed by 2015 Act 55. EmR1215 repealed the coyote hunting season closure in Wolf Management Zone 1 and created a statewide open season. This rule went into effect on October 1, 2012 and remains effective until the date on which the permanent rules take effect, as provided in 2011 Wisconsin Act 169, section 21. This will permanently codify that section of code. Currently, there is no age limit written into State Statute or Wisconsin Administrative for enrollment in the Wildlife Damage Abatement and Claims Program and the department has relied on case law to determine that minors are not eligible for program participation because contracts with minors cannot be enforced.
Currently, individuals assisting a permittee in the removal of Canada geese causing agriculture damage in the spring (May 15 – August 31) are required to possess a valid Wisconsin state small game hunting license, state migratory bird stamp, and a valid federal migratory bird stamp. Federal rules do not require any licenses or stamps.
Active permanent rule CR 19-017 changed the river otter framework from the quota/permit system to a bag limit/quota system. As a result of this rule, trappers would no longer be required to purchase/apply for an otter permit and would no longer be required to carry a physical tag. This rule extends the same regulations to otters harvested in a wild animal fur farm. Current rules require an individual seeking to rehabilitate migratory birds under their rehab license authority to have 100 hours of hands-on experience in the previous two years with while allowing 25 of those hours allowed to be fulfilled by participation in seminars or courses. The federal requirements are for 100 hours of experience in the previous year and only 20 of those hours can be from participation in seminars or courses. This rule matches statute requirements with those of the USFWS.
8. 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.
9. 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.
10. Agency Contact Person: Scott Karel, 101 South Webster Str., PO BOX 7921, Madison, WI 53707-7921. (608) 267-2452, scottr.karel@wisconsin.gov. 11. Place where comments are to be submitted and deadline for submission:
Written comments may be submitted at the public hearings, by regular mail, fax or email to:
Scott Karel
Department of Natural Resources
P.O. Box 7921
Madison, WI 53707
608-267-2452
608-267-7857 (fax)
Section 1 NR 8.045 (1) (a), (d) and (Note), (3) (intro), and (4) are amended to read:
NR 8.045 (1) (a) For any of the following: hunting licenses, hunting stamps, goose permits, wild turkey harvest authorizations, deer carcass tags harvest authorizations, and trapping licenses, authorized under subch. III of ch. 29, Stats., as published on January 5, 2017, except licenses and stamps authorized by s. 29.2297, Stats.; fishing licenses and fishing stamps, authorized under subch. III of ch. 29, Stats., as published on January 5, 2017, only while fishing on inland waters that are not boundary waters; disabled trolling, hunting and fishing permits issued under s. 29.193, Stats.; guide licenses authorized under s. 29.512, Stats.; certificates of accomplishment authorized under ss. 29.591, 29.595, and 29. 597, Stats.; and wild rice harvest licenses authorized under s. 29.607 (3): (1) (d) For an approval issued as a unique carcass tag for bear, goose, grouse, or sturgeon that has not been validated or used to harvest an animal, a reprint, as designated under sub. (3), of the original approval document issued by the department or agent appointed under s. 29.024 (6) (a), Stats. Note: Once an individual has harvested a bear, goose, grouse, or sturgeon under the authority of a unique carcass tag, the tag is no longer eligible to be reprinted.
(3) Pursuant to s. 23.47 (3), Stats., for a license, stamp, certificate, harvest authorization or tag for which a reprint is authorized as proof of authorization under sub. (1), an approval holder may cause their original approval document to be reprinted by doing any of the following: (4) Any tag or harvest authorization that is identified by a unique number is a unique carcass tag or harvest authorization that remains as a singular harvest approval regardless of the number of reprints generated. Every reprint that bears an identical unique number collectively represent one authorization to harvest an animal; once an animal has been harvested under the authority of the harvest approval, all of the reprints are considered filled and the tag or harvest authorization is no longer valid.
Section 2 NR 8.52 (2) (b) 2. is amended to read:
NR 8.52 (2) (b) 2. Enter the person's identifying information and beginning date of the revocation of all the violator's hunting, fishing and trapping privileges and approvals into the department's Automated License Issuance System statewide automated system.
Section 3 NR 10.001 (4) is repealed.
Section 4 NR 10.001 (5t) is amended to read:
NR 10.001 (5t) “Class C permit" means a permit issued to the a visually handicapped as defined in s. 29.193 (2) (a) 5., Stats disabled person. “Visually disabled” means a person who is blind as a defined in s. 47.01 (1). Section 5 NR 10.001 (6) is repealed:
Section 6 NR 10.001 (9c) is amended to read:
NR 10.001 (9c) “Enclosed trigger trap” means any trap with a push or pull−activated trigger, inside an enclosure, and recessed 11 /4 inches or more, from an opening that is no greater than 13 /4 inches in diameter.
Section 7 NR 10.001 (10n) and (Note), (17), (18) and (23c) are repealed.
Section 8 NR 10.001 (23d) is created to read:
NR 10.001 (23d) “Sandhill Wildlife Demonstration Area” means the portion of the Sandhill Wildlife Area that is enclosed by a fence.
Section 9 NR 10.001 (23s) is repealed.
Section 10 NR 10.001 (25L) is amended to read:
NR 10.001 (25L) “Submersion set" means any trap set capable of capturing an animal and capable of submersing the captured animal. Slide wires or poles, locking devices, slip chains, weighted traps and traps staked in deep water are commonly used in submersion sets. A body gripping trap is not a submersion set when more than one-half of the set trap is located above water after the trap has been triggered.
Section 11 NR 10.001 (28) is repealed.
Section 12 NR 10.01 (intro) is amended to read:
NR 10.01 Open and closed seasons. A closed season is established year-round for each species of wild animal named in this section, except during the specified open season. Seasons open to legal hunting and trapping apply to the entire locality described, except as otherwise provided in chs. NR 11 and 15. Whenever open and closed season areas are defined by highways, the boundary shall be the highway center line. No person may hunt, take, catch, or kill any animal specified in this section except during the specified open season. Section 13 NR 10.01(3)(h)1. is repealed and recreated to read:
Kind of animal and locality | Open season (all dates inclusive | Limit |
NR 10.01(3)(h) Coyote Hunting Statewide | All year | None |
Section 14 NR 10.06 (5) is amended to read:
NR 10.06 (5) SHOOTING HOURS. Shooting hours for bear, bow deer, deer with firearms, elk and small game are 30 minutes before sunrise through 20 minutes after sunset. Shooting hours for migratory game birds are 30 minutes before sunrise to sunset except for teal during a season for hunting teal species only. The hours for shooting teal during a teal−only season shall be sunrise through 7:00 p.m. except on the first day when shooting hours begin at 9:00 a.m. All pheasant shooting starts at 9:00 a.m. on the first day of the pheasant hunting season established in s. NR 10.01 (2) (c). Shooting hours for the first day of the pheasant hunting season established in s. NR 10.01 (2) (c) begin at 9:00 a.m. The department shall establish the specific opening and closing times annually in the hunting regulations pamphlets. Opening and closing times for zone A southern and northern areas shall be based on astronomical data collected by the U.S. naval observatory, Washington D.C., 20392−5420 for Sheboygan, Wisconsin and Powers, Michigan, respectively. The shooting hours for the other zones shall be obtained by adding minutes to the Zone A a.m. and p.m. columns as follows: Section 15 NR 10.06 (10) is created to read:
(10) TRAPPING EXEMPTION. The shooting hour restrictions established in this section do not apply to the dispatch of lawfully trapped animals.
Section 16 NR 10.09 is repealed and recreated to read:
NR 10.09 Weapons and ammunition.
(1)
WEAPONS. No person may:(a)
Hunt with any means other than a rifle, shotgun, handgun, bow and arrow, crossbow, or falconry.(b)
Hunt with a machine gun or other fully automatic weapon.(c)
Hunt a game bird with or while in possession of a shotgun larger than 10 gauge.(d)
Hunt a deer during a muzzleloader-only hunt, such as described in s. NR 10.01 (3)(es), with any gun other than a rifle, shotgun, or handgun that is a firearm with a solid breech plug attached with threads and capable of being loaded only from the muzzle.(e)
Hunt a migratory bird with any shotgun capable of holding more than 3 shells unless the magazine has been cut off or plugged with a one-piece filler that cannot be removed without disassembling the gun and which reduces the capacity of the gun to not more than 3 shells at one time in the magazine and chamber combined.(2)
AMMUNITION. No person may:(a)
Use, possess, or have under control of any of the following while hunting:1.
Shot shells containing shot larger than T.2.
Any tracer or incendiary ammunition that is not a distress flare. 3.
Any bullet, arrow, or bolt that is designed or modified to explode or deliver poisons or drugs.(b)
Hunt a game bird with any ammunition other than an arrow, bolt, or shot shell that consists of more than one projectile.(c)
Hunt a deer, bear, or elk with any ammunition other than an arrow, bolt, or bullet that is a single projectile of an expanding design.
