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 (4), (6), (10n) and (Note), (17), (18), (23c), (23s) and (28), NR 10.23, NR 10.25 (1) (g) 3. and (Note), and (3) (a), NR 10.275 (1), NR 12.34 (1) and (2) and NR 17.01 (2) (b) and (c); to amend NR 8.045 (1) (a), (d) and (Note), (3) (intro.), and (4), NR 8.52 (2) (b) 2., NR 10.001 (5t), (9c) and (25L), NR 10.01 (intro), NR 10.06 (5), NR 10.105 (4) (intro.) and (j), NR 10.13 (1) (b) 2., NR 10.40 (3) (c) and (5) (c), NR 12.15 (2) and (11) (b), NR 10.275 (intro.), NR 12.34 (3), NR 12.41 (5) (a) 2., NR 17.04 (3) (c) (intro.) and 3., NR 17.047 (2) (b) and (3), and NR 19.73 (1) (e) 1., (2) (b) 1. And (3) (b) 2.; to repeal and recreate NR 10.01 (3) (h) 1., NR 10.09, NR 10.11 (1), NR 10.12 (5) and NR 16.18 (8); and to create NR 10.001 (23d), 10.06 (10), NR 12.15 (11) (e) and NR 12.305, relating to the 2019 Bureau of Wildlife Management housekeeping rule. |
WM-05-19
Analysis Prepared by the Department of Natural Resources
1.
Statutory Authority, Statutes Interpreted and Explanation of Agency Authority:The chapter on wild animals and plants, in 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 trapping and hunting regulations. A number of provisions in 2017 Wisconsin Act 59 provide initiative for this rulemaking project. In the s. 29.164 (2) (a), Stats., the department is prohibited from requiring the possession of validation of a turkey carcass tag. In s. 29.164 (2) (c) 2. and in numerous other locations the term “authorization” is established as an alternative to “carcass tag” related to turkey hunting. In the 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 2017 Act 59. Additionally, s. 29.885 (2) grants the department the authority to remove or authorize the removal of a wild animal that is causing damage or that is causing a nuisance. Opening the coyote hunting season at times when a firearm deer season is also open is specifically authorized under 29.185(5) (d) which was created by 2011 ACT 169.
3. Related Statutes or Rules: This rule is related to current active rule CR 19-017. 4. Plain Language Analysis:
Section 1 replaces the term “carcass tags” with “harvest authorizations;” the more appropriate term for describing the hunting privilege that is required to hunt deer. It adds the term “harvest authorization” to the list of products that may be reprinted in the manner provided when authorized. It also adds the term “harvest authorization” so that the restrictions on reprinted tags also apply to harvest authorizations. This section specifies a harvest authorization that is identified by a unique number is a unique harvest authorization that remains as a singular harvest approval regardless of the number of reprints generated. This section also specifies that once an animal has been harvested under the authority of the harvest approval, all of the reprints are considered filled and the harvest authorization is no longer valid. Finally, it removes a reference to goose tags which are no longer issued.
Section 2 of these rules replaces the outdated term “automated license issuance system” with the more generic “statewide automated system” to align with the terminology used in s. 23.47, Stats.
Sections 3, 5, 7, 16, 18, and 19 simplify weapon and ammunition regulations for hunting by deleting minimum requirements and replace them with a simplified and adaptable framework for future weapon innovations. This also removes redundancies in code where minimum caliber restrictions were repeated for individual species.
Sections 4, 23, 24 and 29 replace outdated language in compliance with Executive Order #15.
Section 6 amends the definition of “Enclosed Trigger Trap” to allow a push and/or pull trigger.
Section 8 clarifies the boundary of the Sandhill wildlife demonstration area.
Section 10 clarifies when a body grapping trap is considered a submersion set.
Section 12 removes a reference to ch, NR 15 which was repealed by a previous rule.
Section 13 permanently codifies an active emergency rule that established a statewide open season for coyotes which has been in place since 2012.
Section 14 simplifies language regarding the opening shooting hours of the first day of the pheasant season.
Section 15 clarifies that shooting hours restrictions do not apply to the dispatch of legally trapped game.
Section 17 corrects a typo and updates code to reflect the fact that deer carcass removal can be contracted with state agencies other than the Department of Natural Resources.
Section 20 clarifies that landowners and agents of a landowner are allowed to use bait/lures outside of a trapping season for nuisance wildlife control.
Section 21 removes language establishing the Grand River experimental hunting area, which has not been utilized in decades, from administrative code.
Section 22 removes a restriction that prevents successful spring turkey applicants from receiving a Ft. McCoy military reservation turkey hunting license.
Sections 24 and 32 delete references in code to Class B bear licenses which are no longer issued by the department and deletes a reference to a statue which has been repealed.
Section 25 deletes the state and federal migratory bird stamp requirements for spring agriculture damage goose shooting permit and instead only requires the individual to possess a small game license.
Section 26 clarifies that individuals must be a legal adult, 18 years of age or older to be eligible for enrollment in the Wildlife Damage Abatement and Claims Program.
Section 27 eliminates sections of code which allow counties to request fund advancements for the wildlife damage program.
Section 28 deletes a title so that it is consistent with surrounding sections of code.
Section 30 removes tagging requirements for otters harvested at a wild fur farm and replaces it with a bag limit which would be consistent with the harvest of wild otter.
Section 31 deletes conditions of a bird dog training license which require applications to identify specific properties where the training will take place. These are no longer required by the department in a license application.
Section 33 adds raccoons to the list of animals in ch. NR 17 that may be live trapped for hound dog training since it is already allowed in ch. NR 12. Section 34 synchronizes the experience needed to add migratory bird species to a rehab license authority with the federal requirements.
5. Summary of, and Comparison with, Existing or Proposed Federal Statutes and 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. None of these rule changes violate or conflict with the provisions established in the Federal Code of Regulations.
6. Comparison with Similar Rules in Adjacent States: These rule change proposals do not represent significant policy changes and do not differ significantly from surrounding states. All surrounding states have regulations and rules in place for the management and recreational use of wild game and furbearer species that are established based on needs that are unique to that state’s resources and public desires. Also, all of Wisconsin’s neighboring states have established management units for the purpose of managing deer populations.
7. 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. 2017 Wisconsin ACT 59 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.
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 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.
On March 15, 2019, Governor Evers issued Executive Order #15. This order directed state agencies to review administrative rules for derogatory or offensive terminology and replace it with more inclusive terminology.
The current definition of the term “submersion set” requires the trap to be half submerged when set. This inadvertently prohibited suspended body-grip traps which are set in a way that the animal and trap fall into the waterbody and are submerged after the trap is fired. The definition is amended to allow traps which become submerged after the trap has been triggered.
2017 Act 59 transferred authority for the car killed deer program to the Department of Transportation, therefore individuals would be under contract with the department of transportation to transport car killed deer, not the department. 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.
