Statement of Scope
Department of Natural Resources
Rule No.: | WM-01-21(E), WM-02-21, and WM-03-21 |
Relating to: | Gray wolf harvest regulations, chs. NR 8,10, 12, and 19 |
Rule Type: | Both Permanent and Emergency |
1. Finding/nature of emergency:
Wis. Stats. s. 29.185 directs the department to allow the hunting and trapping of gray wolves if the wolf is not listed on the federal or state endangered and threatened species list. The same statute also directs the department to hold a single annual season for both hunting and trapping of wolves, which begins on the first Saturday in November. Non-statutory provisions in SECTION 21 of 2011 ACT 169 required the department to promulgate emergency rules necessary for implementation or interpretation of Wis. Stats. s. 29.185 but exempted the department from making a finding of emergency. An emergency rule promulgated under this SECTION remains in effect until a permanent rule is adopted. The department promulgated EmR1210 in compliance with SECTION 21. Although that rule remains in effect, some provisions have been affected by the renumbering or repeal of the underlying code provisions, which were the subject of the rule or by statutory changes. Gray wolves were removed from the federal endangered species list on January 4, 2021. A new emergency rule is necessary in order for the department to implement a wolf season for 2021. Pursuant to SECTION 21 of 2011 ACT 169, a finding of emergency is not required for this emergency rule. Nonetheless, in order to preserve the welfare of state-licensed hunters, as well as the welfare and sustainability of wolf populations in Wisconsin, the department finds that an emergency rule is necessary to implement harvest regulations.
2. Detailed description of the objective of the proposed rule:
The objectives of this proposed rule are to provide regulated and managed harvest opportunities for gray wolves via hunting and trapping and to revise the administrative procedures for submission and payment of wolf depredation claims. The desired outcome of these rules is the maintenance of a healthy wolf population at an established population goal.
EmR1210 also established a wolf depredation program that is similar to the existing program that applies when wolves are listed as threatened or endangered and consistent with the wildlife damage, claims, and abatement program that is in place for other species (Sections 36-43 EmR1210). The department plans on bringing three different rules from this scope statement.
The first rule will be an emergency rule. Since the last wolf season in 2015, many sections in code have been moved or updated, and new statutes have been put in place. The purpose of this emergency rule will be to align the regulations to reflect the subsequent changes in statute and code.
Additionally, one or more permanent rules may be promulgated from this scope statement. The purpose of this rule will be to permanently codify provisions of EmR1210 as modified by WM-01-21(E) and 2011 ACT 169. Finally, the department will begin making updates to its wolf management plan. The department may also bring forward an additional permanent rule from this scope statement that may make any changes that result from the department’s updated wolf management plan. These changes may include changes to zone structure, registration and tagging requirements, and other items related to the management of wolves that would necessitate a change in administrative code. The wolf management plan is anticipated to be completed in the spring of 2022.
These rules may make additional updates such as correcting cross-reference citations, updating road names on maps, changes needed to update application forms, revisions necessary to effectuate enforcement or revisions which are necessary for consistency with recently enacted legislation.
3. Description of the existing policies relevant to the rule, new policies proposed to be included in the rule, and an analysis of policy alternatives:
Policies relevant to the rule are consistent with existing policies for hunting, trapping, and wildlife damage claims payments for other species in most aspects. Also, EmR1210 which establishes regulations for method of the harvest, transportation, recording and registration of many harvested animals. These proposed rules do not differ significantly from the ones that are currently in place. Additionally, the department already administers a wolf depredation program, including investigating suspected incidents of depredation on domestic animals and payment of claims. 4. Detailed explanation of statutory authority for the rule:
The department is directed by s. 29.014, Wis. Stats. to establish regulations for the taking of game that conserve populations, including wolves, and provide opportunities for good hunting. This authorizes the department to establish rules that restrict harvest to safe levels which are established based on population estimates, population goals, and hunter and trapper success rates. This section authorizes other actions such as establishing that wolves are not small game and allows removing them from a protected species list because they will be protected under other rules. Section 21 of 2011 Act 169 directs the department to propose any rules that are necessary to implement or interpret s. 29.185 and 29.888, Wis. Stats. Some provisions of s. 29.185 will be duplicated in administrative code because that is where people are accustomed to finding similar or identical regulatory information for other species. Rule updates on the payments of claims for damage associated with gray wolves will be similar or identical to the language found in s. 29.888. The department is given authority to regulate the types of traps that may be used to harvest wolves under s. 29.185(6)(f) and generally by s. 29.014. The department’s authority with respect to forms of proof and reprints is found s. 23.47(1) and (3)(a). The department is authorized by s. 23.47(1) to designate, by rule, forms of proof of approvals and the locations and times during which those forms of proof are valid. In addition, under s. 23.47(3)(a), the department is authorized to maintain a system under which an individual may obtain a reprint of certain approvals and directed to designate, by rule, who may produce a reprint of an approval, which approvals a reprint may be produced, and the manner in which a reprint of an approval may be produced. Restrictions on the removal of wild animals and the wildlife damage abatement and claims program are established under the authority of ss. 29.014, 29.885, and 29.888. These provisions allow the department to require written authorization for a member of the public to capture and relocate or kill wolves in damage and nuisance situations. Public hunting and trapping of certain species must be allowed for species currently covered under s. 29.885(4m). 5. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
The Bureau of Wildlife Management, in cooperation with endangered resources, customer & outreach services, law enforcement, and legal services, will be responsible for promulgating permanent and emergency rules that support the implementation of a wolf hunting and trapping season. It is generally estimated that the effort of various staff will amount to the equivalent of two months of a staff specialist’s time, approximately 320 hours.
6. List with description of all entities that may be affected by the proposed rule:
These rules are applicable to individual sportspersons and impose no compliance or reporting requirements for small businesses, and no design or operational standards are established in the rule.
