Using a regular rulemaking process, this rule proposal will achieve two primary objectives. First, it will codify provisions of an emergency rule, EmR 1210, which went into effect on August 18, 2012. Non-statutory provisions of 2011 ACT 169 state that this emergency rule remains in effect until a permanent rule takes effect. Second, it will implement recommendations from and update regulatory text in consideration of a new wolf management plan.
In response to 2011 ACT 169, the department promulgated an emergency rule, EmR1210, to establish harvest regulations for the administration and implementation of a wolf harvest season. Provisions of the emergency rule related to wolf harvest included establishing wolf hunting zones (Section 30); shooting hours (Section 11); reporting, registration, and carcass presentation requirements (Section 28); and regulations regarding the use of dogs (Section 19). The emergency rule established that harvest quotas for wolves will be based in part on the wolf population, population trends, established population goals, ecological considerations, and wolf conflict with agricultural and land uses (Section 27). The emergency rule also established a wolf depredation program that is similar to the existing program that applies when wolves are listed as threatened or endangered and is consistent with the wildlife damage, claims and abatement program that is in place for other species (Sections 36-43).
Since the emergency rule was promulgated, some sections in code which relate to wolf harvest and depredations have been moved or updated and relevant statutes have been amended or newly created. This rule proposes to permanently codify provisions of EmR1210 with updates that align wolf regulations to reflect the subsequent changes in statute and code. These updates are housekeeping in nature, generally serving to update citations and relocate provisions to apply the wolf program as established by EmR1210 to the most current version of the administrative code. This rule also updates terminology as needed to enhance consistency across statutes, other provisions of administrative code, and practice. This rule does not include provisions from EmR1210 that were permanently promulgated by other rulemaking.
As examples of the alignment that these rules will achieve, s. NR 10.145 (7) and (8) established season closure rules and harvest reporting for furbearer species and were amended by EmR1210 to include privisons related to wolves. However, CR 17-061 subsequently renumbered these provisions. This rule adjusts the placement of these revisions accordingly. CR 17-061 also permanently established in code regulations for tagging and registering wolves, making the need to still address these in this rulemaking unnecessary. Additionally, 2015 ACT 285 adjusted the opening day of the wolf harvest season from October 15 to the first Saturday in November, which in turn necessitates an identical adjustment in this rule.
In 2023 the department will finalize a new wolf management plan. These rules propose additional updates to implement recommendations from this new plan. These updates are generally consistent with policies established in the emergency rule with a few exceptions. For example, this rule will provide that the department may issue wolf harvest tags that are specific to a certain zone or zones instead of tags that are valid in any open zone statewide as was done in previous harvest seasons. This rule will reduce the time a successful hunter or trapper must register their harvest from 5 p.m. the day after harvest to within eight hours after the wolf has been recovered. This rule will provide protections for wolf dens and create a dog training season for wolves which is open only when a zone is open to wolf harvest. This rule will create an enhanced reimbursement rate for producers that have multiple confirmed livestock depredation events within the same grazing season. This rule will also update wolf management and harvesting zones, using a six-zone structure with updated boundaries which fulfill both purposes.
This rule additionally updates regulatory text in consideration of the new wolf management plan. These updates are generally consistent with policies established in the emergency rule but account for the development of management metrics, objectives and guidelines in the new plan. One example of this includes the factors which the department may use to set and allocate among the zones a wolf harvest quota and license numbers. Some of the factors that were previously enumerated in the emergency rule are now fully captured and considered in the new plan and encompassed within other factors so it is no longer necessary for them to be individually listed in administrative code.
Certain provisions of s. 29.185, Wis. Stats., will be duplicated in administrative code to clarify what is prohibited and because that is where people are accustomed to finding similar or identical regulatory information for other species. The following provisions are found in s. 29.185(5) and (6), Wis. Stats.: season dates, use of dogs, hunting hours, baiting regulations, regulations on traps, firearms, bows and crossbow use. Rule updates on the payments of claims for damage associated with gray wolves will be similar to new language created in s. 20.370(5)(fv), Wis. Stats. Sections 1 and 3 contribute to defining “reservation wolf” pack for the purposes of establishing wolf harvest quotas. Section 1 also defines “point of kill”, a term used to describe when a flashlight can legally be used at night while hunting species for which there are no hunting hour restrictions
Section 2 clarifies, in the definition, that wolves are not small game.
Section 3 along with section 27 defines and establishes Wolf Harvesting Zones. This definition clarifies that wolf management zones are also wolf harvest zones.
Section 4 locates the statutorily established wolf hunting and trapping season dates in the table where other season dates are established.
Sections 5, 6 and 7 strike wolves from the list of protected species for which hunting and trapping seasons are not established and relocates a provision allowing individuals to kill nuisance animals in certain situations.
Sections 8 and 9 establish normal daytime hours for hunting wolves but eliminates hunting hour restrictions for the portion of the wolf season beginning on the day following the traditional 9-day November firearm deer season each year.
Section 10 prohibits the use of telemetry receivers to aid in locating wolves for any purpose unless specifically authorized by the department. This Section also prohibits the destruction or harassment of active wolf dens.
Sections 11 to 14 establish that baiting is allowed as a method of hunting wolves and the conditions under which bait may be placed for hunting wolves.
Section 14 establishes special regulations for hunting wolves at night including a prohibition of using dogs to track or trail wolves at night. This section also establishes regulations related to dog identification and the number of dogs that may be used.
Sections 15 to 17 specify attachment and retention requirements for wolf carcass tags.
Section 18 and 19 change the registration timeline for a harvested wolf from 5 p.m. the day after harvest to 8 hours after recovery of the wolf.
Section 20 prohibits the use of steel jawed foothold traps with a jaw spread of greater than seven inches for non-water sets during the early part of the wolf trapping season to reduce the incidental capture of certain non-target species.
Sections 20 and 21 establish a period during the wolf hunting and trapping season when cable restraints may be used in order to reduce the incidental capture of non-target species and create standards for the use of cable restraints placed to capture wolves.
Section 22 allows the possession and retention of coyotes, foxes, and bobcat captured incidentally to wolf trapping in cable restraints that are not otherwise legal to place for coyotes or bobcat, if the respective season is open and the person has a valid unfilled permit and tag, in the case of an incidental bobcat.
Section 23 establishes that only a firearm may be used as a method of dispatching a live wolf that has been captured in a trap or cable restraint.
Section 24 establishes that a wolf harvesting license is required to hunt or trap wolves and create guidelines and criteria that must be considered by the department when establishing harvest quotas and issuing permits. This Section also explains how applications for wolf harvesting licenses are made and successful applicants are selected. It also establishes the manner for tagging and reporting and that harvest of a wolf must be registered with the department within eight hours after recovery of the wolf. Finally, this Section creates language that is consistent the process for closing the wolf hunting and trapping seasons.
Section 25 establishes that the U.S. Fish and Wildlife Service may allow wolf hunting at the Necedah National Wildlife Refuge. This does not require the service to allow wolf hunting. Trapping furbearers such as wolves is already possible under current rules, at the service’s discretion.
Sections 28 to 31 re-establish that when wolves are not listed as threatened or endangered species department authorization is required to remove wolves causing damage or which constitute a nuisance and establish conditions and requirements for removal.
Section 30 clarifies that dogs may not be used to pursue wolves under a wolf damage shooting permit unless specifically authorized by the department, similar to permits issued in bear damage situations.
Section 31 establishes a wolf depredation program that is in effect only at times when wolves are not listed as a threatened or endangered species. It also clarifies that the existing program only applies when wolves are listed.
6. Summary of, and Comparison with, Existing or Proposed Federal Statutes and Regulations:
The U.S. Department of Interior announced in November 2020 that gray wolf populations across the lower 48 states have recovered and no longer require the protection of the Endangered Species Act. The U.S. Fish and Wildlife Service published a final rule in the Federal Register that removed gray wolves across the lower 48 states from the list of endangered and threatened wildlife and plants. The rule went into effect on January 4, 2021. In February 2022, a federal judge restored wolves to the Endangered Species List in 45 states, including Wisconsin.
7. If Held, Summary of Comments Received During Preliminary Comment Period
and at Public Hearing on the Statement of Scope:
The statement of scope initially provided that the primary purpose of this rule was to permanently codify and housekeep regulations that were initially adopted on an emergency basis in 2012. A preliminary public hearing on this statement of scope was held virtually on April 23, 2021. Fourteen members of the public attended the hearing with five choosing to make a public statement. A representative from the Wisconsin chapter of the Humane Society of the United States expressed opposition to the court-ordered wolf season that occurred in February 2021 and offered suggestions for future hunts. These suggestions included reducing the time to register a harvested wolf, banning night hunting and hunting from snow machines, limiting group hunting and creating buffers around the ceded territories. A representative from the Wisconsin Farm Bureau Federation suggested that the department pause this rulemaking until the Department’s wolf management plan committee and wolf harvest committee could begin their work. The Friends of the Wisconsin Wolf and Wildlife testified against a mandated wolf hunt and was opposed to this rulemaking. One individual testified against any wolf harvest while another spoke against the February season and encouraged the department to work further with tribal governments.
The department also received eleven written comments during the comment period for this preliminary public hearing. Comments from the Wisconsin Cattlemen’s association mirrored the oral testimony from the Wisconsin Farm Bureau Federation. The Wisconsin Chapter of the Sierra Club offered ideas for safeguards to add to the rulemaking. These included issuing fewer licenses, requiring in-person carcass registration and preventing private property trespass violations from hound hunting. Two individuals wrote to support the wolf season and the scope statement. Seven individuals wrote comments against the wolf hunt and made suggestions that mirrored those made by the Humane Society of the United States during the public hearing.
Subsequent to this preliminary hearing, the department revised the statement of scope to allow for consideration of three specific substantive changes in addition to housekeeping measures: the issuance of tags that specify a single zone within which wolf harvest may occur, reducing the timeline for registering a harvested wolf, and making shooting hours consistent across all forms of wolf harvest.
The department held a preliminary public hearing on the revised statement of scope on Monday, June 7, 2021, at 1 p.m. virtually through Zoom. Thirty members of the public attended the hearing with five choosing to make a public comment. Three of speakers represented themselves while the other two represented organizations, the Wisconsin Coon Hunters Association and the Humane Society of the United States. The Wisconsin Coon Hunters Association was concerned that potential restrictions on night hunting would impact other activities, including trapping and hunting coons with hounds. The Association recommended that any rules regarding night hunting be drafted very specifically to avoid impacts to these other users. This concern was shared by another individual who felt it will be difficult to determine whether a hunter is night hunting coyotes or wolves. Two individuals testified against the three additional changes proposed in the scope statement. For example, these individuals felt that restrictions on night hunting would be discriminatory against callers and that the proposal was reactionary to the court-ordered wolf harvest season that occurred in February 2021. Finally, the Humane Society of the United States was supportive of the three items added to the revised scope statement but felt additional measures should be taken, including limiting group hunting and eliminating the use of motor vehicles while hunting with hounds.
In addition to those testifying at the hearing, twenty-eight members of the public submitted written comments regarding the revised statement of scope. Sixteen individuals wrote in support of the revisions to the scope statement. However, the majority of the individuals that supported the revisions to the scope statement felt that the statement of scope should be amended further to permit the department to take additional measures to restrict the hunting of wolves. Suggestions included issuing limiting group hunting, issuing fewer licenses, restricting the use of using motor vehicles while pursuing wolves with hounds, prohibiting the use of bait, and eliminating the use of hounds while hunting. Four commentators, including the Sierra Club of Wisconsin, Animal Wellness and the Center for a Humane Economy, made similar suggestions without specifically addressing the content of the statement of scope. Two individuals expressed opposition to all wolf harvest. One individual commented that they doubted the accuracy of the department’s wolf count; another specifically wrote that they wished to continue to be able to hunt wolves at night. Finally, two others expressed opposition to the revisions to the original statement of scope.
8. Comparison with Similar Rules in Adjacent States:
The only adjacent states that have established a wolf hunting and trapping season are Minnesota and Michigan. Neither are required to hold a season by statute.
Michigan held a single wolf hunting season in 2013. Wolves are only found in the Upper Peninsula of Michigan. Successful hunters were required to report their harvest on the day of the hunt.
Beginning in 2012, Minnesota allowed hunting and trapping of wolves, but not with the assistance of dogs for tracking or trailing. Minnesota required that harvested wolves be registered by 10 p.m. on the day of harvest.
Neither Minnesota nor Michigan have authorized the harvest of wolves since wolves were removed from the federal endangered species list in January 2021.
9. Summary of Factual Data and Analytical Methodologies Used and How Any Related Findings Support the Regulatory Approach Chosen:
In response to 2011 ACT 169, the department promulgated EmR1210 to establish harvest regulations for the administration and implementation of a wolf season. These provisions included establishing wolf hunting zones (Section 30); shooting hours (Section 11); reporting, registration and carcass presentation requirements (Section 28); and regulations regarding the use of dogs for tracking or trailing (Section 19, EmR1210). EmR1210 established that harvest quotas for wolves will be based in part on the wolf population, population trends, established population goals, ecological considerations, and wolf conflict with agricultural and land uses (Section 27). EmR1210 also established a wolf depredation program that is similar to the existing program that has been applied 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). The department initially administered three wolf seasons under the emergency rule. In December 2014 a federal judge relisted the wolf on the federal list of endangered species before a permanent rule could be promulgated.
