Section 6 updates cross references to the season dates for geese. This Section allows hunters during the youth waterfowl hunt to harvest a goose without a goose permit. It also deletes an outdated reference to the interior and exterior goose zones.
6. Summary of, and Comparison with, Existing or Proposed Federal Statutes and Regulations: Migratory bird species are managed under federal law. The USFWS annually promulgates regulations and guidelines which permit states to administer migratory bird seasons. State migratory bird regulations must fall within the guidelines and sideboards established by the USFWS. Therefore, these rules are consistent with federal regulations.
7. If Held, Summary of Comments Received During Preliminary Comment Period
and at Public Hearing on the Statement of Scope: The department did not hold a preliminary hearing for this scope statement.
8. Comparison with Similar Rules in Adjacent States: Since migratory bird species are managed under federal law, each region of the country is organized in a specific geographic flyway which represents distinct migratory game bird populations. Wisconsin, along with Minnesota, Michigan, Illinois, and Iowa, are members of the Mississippi Flyway. Each year the states included in the flyways meet to discuss regulations and guidelines offered to the flyways by the USFWS. The USFWS regulations and guidelines for the Mississippi Flyway apply to all states within the Flyway, and therefore the regulations in the adjoining states closely resemble the rules established in this rule order, and only differ slightly based on hunter desires, habitat, and population management goals. However, these variations fall within guidelines and sideboards established by the USFWS.
9. Summary of Factual Data and Analytical Methodologies Used and How Any Related Findings Support the Regulatory Approach Chosen:
This rule provides that the department secretary may set migratory season dates and bag limits consistent with the requirements established by the U.S. fish and wildlife service by use of an order. The selections will be made from a suite of pre-identified options that align with potential federal allowances. The State of Wisconsin must comply with federal allowances in the establishment of migratory bird hunting seasons and conditions. Federal allowances are not made available to states until the same year that the regulations must be implemented. Normal rule-making procedures do not allow the promulgation of permanent rules prior to when the seasons should be open so historically the season frameworks were established on a yearly basis through the use of an emergency rule. Use of an order pairs well with federal timelines and give hunters additional time to plan for the hunting seasons.
This rule adjusts and simplifies the open water restrictions on all approved inland open water hunting lakes. In 2011 the Department identified several inland lakes that would be open to open water hunting. At that time, the minimum distance from shore where hunters can be without having to adhere to concealment regulations was set to “greater than 1000 feet” as a precaution until the Department had some time to review how this opportunity was utilized. With these regulations having been in place more than a decade, the Department feels that the 1000-foot restriction can be reduced to 500 feet, a distance which would align the definition of open water hunting for both the inland lakes and the Great Lakes. This change simplifies regulations while adding additional open water hunting opportunity on these identified inland lakes. Public input was in support of this rule simplification. This change was initially implemented by an emergency rule during the 2022 migratory season and will be continued by this rule.
This rule will also continue the clarification of the duck zone boundary for the Open Water Zone—another item which was initially implemented by the 2022 emergency rule. Specifically, this rule will update the definition of the Open Water Zone boundary as, “waters greater than 500 feet from the mainland shore of Green Bay and Lake Michigan; for the purposes of the Open Water Zone, mainland shore includes all adjacent rooted vegetation, adjacent floating cattail and Long Tail and Little Tail points.”
During the annual two-day youth waterfowl hunt in September, hunters under the age of 16 are allowed to hunt all species of wild duck, mergansers, geese, coots, and moorhens. During this youth season all license and stamp requirements are waived, except for the state Canada Goose Hunting Permit. This rule waives the state Canada Goose Hunting Permit for youth hunters during the youth waterfowl hunt. Waiving this permit would provide consistency to youth hunters by waiving all applicable state and federal license, stamps and permits for the youth season.
This rule also adjusts the crow season dates. The department is allowed to establish a crow season that last no more than 124 days. Previously, the crow season began on the Saturday nearest September 15 and continued until the Thursday before the opening of the gun deer season in November. The season would then reopen in January and then close on March 20th for a 124-day season. This rule would set a single continuous crow season that would begin on the same day the gun deer season opens and last for 124 days. A single continuous open season is less complex for hunters to remember and most crow hunting takes place during the winter after other hunting seasons have closed.
10. 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.
11. 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 or operational standards are contained in the rule. Because this rule does not add any regulatory requirements for small businesses, the proposed rules will not have an economic impact on a substantial number of small businesses under s. 227.24(3m), Stats. 12. Agency Contact Person: Taylor Finger, Migratory Bird Specialist, 101 South Webster Street, PO Box 7921, Madison, WI 53707-7921, (608) 266-8841
13. Place where comments are to be submitted and deadline for submission:
RULE TEXT
Section 1 NR 10.001 (20) is created to read:
NR 10.001 (20): “Open Water Zone” means waters greater than 500 feet from the mainland shore of Lake Michigan and Green Bay; for the purposes of the Open Water Zone, mainland shore includes all adjacent rooted vegetation, adjacent floating cattail and Long Tail and Little Tail points.
Section 2 NR 10.01 (1) is repealed and recreated to read:
(1) NR 10.01 (1) MIGRATORY GAME BIRDS. In accordance with this section, the department may annually select migratory bird season dates and bag limits established in subs. (b) and (L) using the procedures established in sub. (a):
(a) The department shall utilize the following procedures in applying an alternate bag limit under this section:
1. Notice. The department shall prepare and distribute a notice of its proposed annual migratory bird season dates and bag limit selections. The notice shall be published as a class 1 notice under ch. 985, Stats., in the official state newspaper. The notice shall include a description of the zone or zones affected, the species affected, the proposed annual selections, and the date the annual selections will take effect. The notice shall invite the public to submit written comments and indicate that a public information meeting will be held on the alternate limit if requested in writing within 10 days after the notice is published.
2. Public information meeting. If a public information meeting is requested under subd. (a) 1., the department shall conduct a public information meeting. At the meeting the department shall describe the factual basis for its intended decision and shall receive comments from the public on the matter.
3. Determination. In consideration of facts and information available to it, including comments received from the public, the department shall finalize its annual migratory bird season dates and bag limit selections. The annual selections shall take effect upon the issuance of an order of the secretary and publication in the official state newspaper.
(b) Migratory Game Bird Seasons. The department shall, in accordance with the procedures established in sub. (a), annually select migratory bird season dates from the following options:
1. When the U.S. fish and wildlife service establishes that Wisconsin shall have a 30-day season for all species of wild ducks the season dates shall be as established in sub (d).
2. When the U.S. fish and wildlife service establishes that Wisconsin shall have a 45-day season for all species of wild ducks the season dates shall be as established in sub. (e).
3. When the U.S. fish and wildlife service establishes that Wisconsin shall have a 60-day season for all species of wild ducks the season dates shall be as established in sub. (f).
4. For all other species of migratory birds, season dates shall be as established in Table (1).
Table (1).
Kind of Animal | Locality | Season Dates |
(c) Teal species. | Entire State | September 1 – September 9 |
(d) All species of wild duck, coot and merganser. | 1. Northern zone as established in s. NR 10.32. | Beginning on the first Saturday in October and continuing for 30 consecutive days. |
| 2. Southern zone as established in s. NR 10.32. | Beginning on the first Saturday in October and continuing for 9 days, followed by a 5-day closure and then reopening for the remainder of the 30-day season. |
| 3. Open Water zone as established in s. NR 10.32. | Beginning on the Saturday nearest October 15 and continuing for 9 days, followed by a 5-day closure and then reopening for the remainder of the 30-day season. |
(e) All species of wild duck, coot and merganser. | 1. Northern zone as established in s. NR 10.32. | Beginning on the Saturday nearest September 24 and continuing for 9 days, followed by a 5-day closure and then reopening for the remainder of the 45-day season. |
| 2. Southern zone as established in s. NR 10.32. | Beginning on the first Saturday in October and continuing for 9 days, followed by a 5-day closure and then reopens for the remainder of the 45-day season. |
| 3. Open Water zone as established in s. NR 10.32. | Beginning on the Saturday nearest October 15 and continuing for 9 days, followed by a 5-day closure and then reopening for remainder of the 45-day season. |
(f) All species of wild duck, coot and merganser. | 1. Northern zone as established in s. NR 10.32. | Beginning on the Saturday nearest September 24 and continuing for 60 consecutive days. |
| 2. Southern zone as established in s. NR 10.32. | Beginning on the Saturday nearest October 1 and continuing for 9 days, followed by a 5-day closure and then reopening for 51 consecutive days. |
| 3. Open Water zone as established in s. NR 10.32. | Beginning on the Saturday nearest October 1 and continuing for 7 days, followed by a 7-day closure and then reopening for 53 consecutive days. |
(g) Canada geese and its subspecies, Snow, or blue and Ross’ geese. | Entire state | September 1-15 |
(h) All species of wild geese. | 1. Northern zone as established in s. NR 10.32. | Beginning September 16 and continuing for 92 consecutive days. |
| 2. Southern zone as established in s. NR 10.32. | Beginning on September 16 and continuing until the 5−day closure in the southern duck zone hunting season in par. (b), then reopening at the end of the 5 day closure and continuing until the closure of the southern duck zone hunting season in par. (b), and then reopening on December 16 and continuing for a season total of 92 days. |
| 3. Open Water zone as established in s. NR 10.32. | Beginning on September 16 and continuing until the 5−day closure in the southern duck zone hunting season in par. (b), then reopening at the end of the 5 day closure and continuing until the closure of the southern duck zone hunting season in par. (b), and then reopening on December 16 and continuing for a season total of 92 days. |
(i) Mourning dove | Entire State | September 1 – November 29 |
(j) Woodcock | Entire State | Beginning on the Saturday nearest September 22 and continuing for 45 days. |
(k) Sora and Virginia Rail and Snipe | Entire State | September 1 – November 9. |
(L) Migratory Bird Daily Bag Limit and Possession Limit:
1. The possession limit is three times the daily bag limit through the entire season except opening day when it is the same as the daily bag limit and the second day when it is twice the daily bag limit.
2. Daily Bag Limits. The bag limit for migratory birds is zero for all species. The secretary may, following the procedures established in subd. (a), annually select from the options below alternate bag limits provided such selections do not exceed the maximum allowable bag limits established by the U.S. fish and wildlife service.
a. Pintail: 0, 1, 2, or 3.
b. Canvasback : 0, 1, or 2.
c. Redhead: 0, 1, or 2.
d. Scaup: 0, 1, 1 for 15 days and 2 for 45 days, 3, or 4
e. Mallard: 0, 2 when the season is 30 days (1 of which may be a hen), 4 when the season is 45 days (1 one of which may be a hen), or 4 when the season is 60 days (2 of which may be a hen)
f. Wood ducks: 0, 1, 2, or 3
g. All other duck species: 0 when the season is closed, 3 when the season is 30 days, 6 when the season is 45 or 60 days.
h. Merganser: 0 when the season is closed, 3 when the season is 30 days, 6 when the season is 45 or 60 days.
i. Coot and moorhen: 15.
k. Snow or blue and Ross’ geese: 20.
l. All other geese: 1 white−fronted goose and 1 brant.
m. Mourning dove: 15.
n. Woodcock: 3.
o. Snipe: 8.
p. Sora and Virginia Rails: 25
(m) Falconry special season. Any person possessing a valid falconry permit and hunting license shall be restricted to the following migratory game bird seasons and bag limits:
Kind of Animal | Locality | Open season (all dates inclusive) | Daily Bag Limit |
1. All species of wild ducks mergansers, and coots. | Northern zone as established in s. NR 10.32. | Concurrent with the open youth waterfowl hunt in par. (n) and open northern zone regular duck season in pars. (d), (e), or (f). Reopening on the second Friday in January and continuing to not exceed 45 days. | 3 in aggregate with those species listed under subd. 2. |
| Southern zone as established in s. NR 10.32. | Concurrent with the open youth waterfowl hunt in par. (n) and open northern zone regular duck season in par. (d), (e), or (f). Reopening on the second Friday in January and continuing to not exceed 45 days. | 3 in aggregate with those species listed under subd. 2. |
| Mississippi River zone as established in s. NR 10.32. | Concurrent with the open youth waterfowl hunt in par. (n) and open northern zone regular duck season in par. (d), (e), or (f). Reopening on the first or second Friday in January and continuing to not exceed 45 days. | 3 in aggregate with those species listed under subd. 2. |
2. Gallinules, Sora rail, Virginia rail, common snipe and woodcock. | Entire state. | Sept. 1 – Dec. 16 | 3 in aggregate with those species listed under subd. 1. |
3. Geese | Within the zones and subzones established in s. NR 10.31. | Concurrent with the open season for geese established in par. (h) for each zone or subzone. | As established in par. (L). |
4. The possession limit is three times the daily bag limit through the entire season except opening day when it is the same as the daily bag limit and the second day when it is twice the daily bag limit.
(n) Special youth waterfowl hunt event. Persons under the age of 16 may hunt all species of wild duck, mergansers, geese, coots, common gallinules, Sora and Virginia rails, and snipe statewide for 2 consecutive days starting on the Saturday before the beginning of the open season established for the north duck zone by sub. (1) Approvals under ch. 29, Stats., are not required pursuant to s. 29.197 (1), Stats. Registration in the harvest information program under s. NR 10.12 (11) is required. Daily bag limits are those selected by the secretary under par. (L) and all other waterfowl hunting regulations apply. Hunters shall be accompanied by an adult 18 years of age or older and be in compliance with ss. 29.592 and 29.593, 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. Section 3 NR 10.01 (2) (g) is amended to read:
Kind of Animal and locality | Open season (all dates inclusive) | Limit |
(g) Crow 1. Statewide except in the parks listed in subd. 2. b. | Beginning on the Saturday nearest September 15 and continuing through the Thursday immediately preceding the gun deer season for Zone A. in sub. (3) (e) and reopening in January and continuing through March 20. The date of reopening in January shall be established each year by the department to allow for a 124−day crow season. Beginning on the Saturday before Thanksgiving and continuing for 124 days. | Daily bag 15; possession 45 |
