CR 23-013 Rule Text

4. 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.

5. If Held, Summary of Comments Received During Preliminary Comment Period and at Public Hearing on the Statement of Scope:

No preliminary public hearing was required on the Statement of Scope for this rule.

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.

7. Summary of Factual Data and Analytical Methodologies Used and How Any Related Findings Support the Regulatory Approach Chosen:

The largest shot size allowed while hunting game birds and small game animals is T. This proposal would allow F-shot, which is larger than T, to be possessed and used while hunting. F-shot is currently allowed when hunting furbearers. F-shot can be and is often used by hunters who reload their own ammunition and has been shown to pattern well for waterfowl hunting with larger gauge shotguns. Allowing F-shot would increase opportunity, simplify regulations and allow the use of a shot size that can be used safely and effectively when waterfowl hunting.

The current youth deer season begins on the Saturday nearest October 8 and runs for two consecutive days. It is only open to deer hunters who are under the age of 16. During this season all hunters, except for those pursuing waterfowl, must wear fluorescent orange or pink. This proposal would expand the youth deer hunt to four days, beginning on Thursday instead of Saturday, as recommended by the 2020 Deer Stakeholder Group. Adding two more days would allow individuals to work around inclement weather and any potential weekend conflicts.

Hunters are allowed to quarter a deer, bear, or elk in order to facilitate removal from the field. However, current rules require that the deer, bear, or elk may not be divided into more than 5 parts, not including the hide and the lower legs. Also, the head and neck must remain attached to one of the other parts of the animal, not including the hide, and all parts of animal must be removed from the field. This proposal would allow hunters to separate the carcass of the deer, bear or elk into as many parts as needed as long as all parts are removed from the field.

Currently, youth deer hunters are issued an antlerless deer harvest authorization that is valid statewide. But the hunter must select whether they want the authorization valid for public or private land. This rule proposal would eliminate the public/private designation, making the authorization valid on all property types.

Trapper education became mandatory in May 1992. The fee for the basic in person and correspondence course was originally $8. The fee for the basic and correspondence course was last increased to $12 in 2008. Fourteen years later, the $12 fee no longer covers the cost of the program. This proposal would set the basic in person and correspondence course fee at $20. The trapper education program now has an online course and this proposal will include a $20 course fee for that option.

Under current rules, anyone assisting a disabled trapper who is targeting bobcat, fisher or otter must also hold a valid permit or harvest authorization for the same species the disabled trapper is pursuing. Many of these approvals are difficult to obtain which limits the pool of individuals available to provide assistance. This proposal would make it legal for anyone holding a valid trapping authorization (trapping license,

conservation patron’s license, non-resident trapping license) to assist a trapper that holds a bobcat permit or harvest authorization for river otter or fisher and also holds a class A, B, C or D disability permit. The licensed individual may assist the disabled trapper, while in visual or voice contact without the aid of any mechanical or electronic amplifying device other than a hearing aid, by setting traps, tending traps, tagging and/or registering a bobcat, fisher or river otter..

The department may provide a free replacement permit to hunters who harvest deer that are suspected of being diseased, provided that the entire deer is surrendered to the department or is disposed of as directed by the department. That permit may only be issued for the same type of deer authorized on the approval used to harvest the suspect deer. This proposal would allow individuals to receive an either sex replacement permit if they harvest a diseased antlerless deer.

This proposal would make it legal for landowners or occupants of private lands to shoot bear in the act of killing, wounding, or biting a domestic animal without the need for written authorization from the department. Shootings would be required to be reported to department law enforcement within 24 hours and the department would have discretion on carcass disposition. This would be consistent with the authority already provided in administrative code for landowners or occupants of private lands to shoot wolves (when they are not state or federally listed as an endangered species) or cougar in the act of depredation. This authority would not cover dogs that are actively pursuing bear during either the bear dog training season or during the bear hunting season.

Currently target shooting is unregulated on department-owned lands unless these lands are in counties listed s. NR 45.09(5), Wis. Adm. Code. A history of non-hunting firearm discharge from department- owned property parking lots and near parking lot areas has raised safety concerns of neighbors, department staff, and local law enforcement. Brown County wildlife areas seemingly provide a rural,

“woodsy” atmosphere for firearms shooters to target shoot. However, these areas are often surrounded by residential and other developments. Without suitable targets and safe backstops, discharged rounds have allegedly left state property boundaries and travelled in the direction of other recreational users. This proposal would allow the department to restrict target shooting on department-owned properties in Brown County in order to address repeated safety and noise complaints as well as some problems with littering.

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 St., PO BOX 7921, Madison, WI 53707- 7921. [phone], [e-mail].

11. Place where comments are to be submitted and deadline for submission:

Written comments may be submitted at the public hearings, by regular mail, or email to:

Scott Karel

Department of Natural Resources

P.O. Box 7921 Madison, WI 53707

[e-mail] 608-267-2452

608-267-7857 (fax)

Comments may be submitted to the department contact person listed above or to [e-mail] until the deadline given in the upcoming notice of public hearing. The notice of public hearing and deadline for submitting comments will be published in the Wisconsin Administrative Register and on the department’s website, at https://dnr.wi.gov/calendar/hearings/. Comments may also be submitted through the Wisconsin Administrative Rules Website at https://docs.legis.wisconsin.gov/code/chr/active.

RULE TEXT

SECTION 1.   NR 10.01 (3) (ev) is amended to read:

(ev) Special youth gun deer hunt event. Persons under 16 years of age may hunt deer with a firearm for 2- 4 consecutive days beginning on the Thursday preceding 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.

SECTION 2.   NR 10.09 (2) (a) 1. is amended to read:

1. Shot shells containing shot larger than T F.

SECTION 3.   NR 10.104 (7) (a) 2., (b) 2., and (c) 2. are amended to read:

NR 10.104 (7) (a) 2. Licenses that authorize the hunting of deer with a bow and arrow, and not with a firearm or crossbow, may include one or more harvest authorizations that are valid for the taking of one antlerless deer in a management zone, unit, or portion of a unit specified on the harvest authorization that is in a farmland zone or a metropolitan deer management subunit established in s. NR 10.28 (2) and (4) except that, where the department has established an objective to increase or maintain the deer population under sub. (4), the department may establish that the antlerless harvest authorizations under this subdivision are not valid. This antlerless deer harvest authorization is not weapon or season specific, but the holder must possess the correct license for the method of harvest and season. This harvest authorization is valid statewide for a person holding a Class A or Class C disabled permit issued under s. 29.193 (2) (b), Stats., or a person who obtains the harvest authorization while under 18 years of age except that, in units where the department has not established a quota allowing the harvest of antlerless deer, the department may establish that harvest authorizations obtained under this subdivision by people who are under 18 years of age are not valid. These harvest authorizations are valid as indicated on the permit only for harvesting antlerless deer on public access lands or only for harvesting antlerless deer on private land as defined in s. NR 10.001 (23a) and (23b), except that antlerless harvest authorizations obtained by people under 18 years of age are valid on both private and public access lands. A person who has already been issued a license authorizing deer hunting with a crossbow during a season established under s. 29.014 (1m) (b), Stats., or s. NR 10.01 (3) (ep) will not receive the harvest authorization established in this subdivision. A person may use any harvest authorization issued with a license authorizing hunting with a crossbow during a crossbow deer season established under s. NR 10.01 (3) (ep) under the authority of an archer hunting license during the archery deer season established in s. NR 10.01 (3) (em).

(b) 2. Licenses that authorize the hunting of deer with a firearm may include one or more harvest authorizations that are valid for taking one antlerless deer in a management zone, unit, or portion of a unit specified on the harvest authorization that is in a farmland zone or in a metropolitan deer management subunit established in s. NR 10.28 (2) and (4) except that, where the department has established an objective to increase or maintain the deer population under s. NR 10.104 (4), the department may establish that the antlerless harvest authorization under this subdivision is not valid. This antlerless deer harvest authorization is not weapon or season specific, but the holder must possess the correct license for the method of harvest and season. This harvest authorization is valid for the taking of one antlerless deer in any unit statewide by a person holding a Class A or Class C disabled permit issued under s. 29.193 (2) (b), Stats., or a person who obtains the harvest authorization while under 18 years of age except that, in units where the department has not established a quota allowing the harvest of antlerless deer, the department may establish that harvest authorizations obtained under this subdivision by people who are under 18 years of age are not valid. These harvest authorizations are valid as indicated on the harvest authorization only for harvesting antlerless deer on public access lands or only for harvesting antlerless deer on private land as defined in s. NR 10.001 (23a) and (23b), except that antlerless harvest authorizations obtained by people under 18 years of age are valid on both private and public access lands.

(c) 2. Licenses that authorize the hunting of deer with a crossbow, and not with a firearm or bow and arrow, may include one or more harvest authorizations that are valid for the taking of one antlerless deer in a management zone, unit, or portion of a unit specified on the harvest authorization that is in a farmland zones or a metropolitan deer management subunit established in s. NR 10.28 (2) and (4) except that, when the department has established an objective to increase or maintain the deer population under sub. (4), the department may establish that the antlerless harvest authorizations under this subdivision are not valid. This antlerless deer harvest authorization is not weapon or season specific, but the holder must possess the correct license for the method of harvest and season. This harvest authorization is valid statewide for a person holding a Class A or Class C disabled permit issued under s. 29.193 (2) (b), Stats., or a person who obtains the harvest authorization while under 18 years of age except that, in units where the department has not established a quota allowing the harvest of antlerless deer, the department may establish that harvest authorizations obtained under this subdivision by people who are under 18 years of age are not valid. These harvest authorizations are valid as indicated on the harvest authorization only for harvesting antlerless deer on public access lands or only for harvesting antlerless deer on private land as defined in s. NR 10.001 (23a) and (23b), except that antlerless harvest authorizations obtained by people under 18 years of age are valid on both private and public access lands. A person who has already been issued a license authorizing deer hunting with a bow and arrow during an archery-only deer season established under s. NR 10.01 (3) (em) will not receive the harvest authorization established in this subdivision. A person may use any antlerless deer harvest authorization issued with a license authorizing hunting with a bow and arrow during an archery-only deer season established under s. NR 10.01 (3) (em) under the authority of a crossbow hunting license during the crossbow deer season established in s. NR 10.01 (3) (ep).

SECTION 4.   NR 10.104 (12) (c) is amended to read:

(c) For antlered deer, Issued issued for the type of deer authorized on the approval used to harvest

the suspect deer. For antlerless deer, issued for either antlered or antlerless deer.

SECTION 5.   NR 10.105 (2) is repealed and recreated to read:

(2) CARCASS CONDITION AND TRANSPORTATION. A deer, bear, or elk may be divided to facilitate removal from the field. A person who divides a deer, bear, or elk while afield:

1. May not allow the deer, bear, or elk to be stored or transported with any other deer or bear that has been divided while afield.

2. May not divide any bear in a manner that does not keep one part of the bear intact to allow it to be measured in a straight line from the tip of the nose to the base of the tail, to determine it was an adult bear of 42 inches or greater.

3. Must remove all parts from the field except for the entrials.

4. Shall exhibit all parts at the time of registration when in-person registration is required by the department.

5. Must dispose of all parts not retained in a manner that is in compliance with s. 287.81 (2), Stats., but such disposal may only occur after in-person or electronic registration has been completed, and the deer, bear, or elk has been removed from the field.

Note: Common terms for the tarsus or second major joint on the rear legs up from the hoof include “hock" and “ankle" and common terms for the carpus or second major joint on the front legs up from the hoof include “knee" and “wrist".

SECTION 6.   NR 10.145 (intro) is amended to read:

NR 10.145   Bobcat, fisher, and otter. Except as provided in (4), No no person may hunt or trap, or attempt to hunt or trap, any bobcat unless he or she possesses a current and valid permit from the department and any associated pelt tags for the area or unit in which he or she is hunting or trapping, or for fisher and otter, unless he or she possesses a current and valid harvest authorization issued by the department.