ORDER OF THE STATE OF WISCONSIN NATURAL RESOURCES BOARD
AMENDING, REPEALING AND RECREATING AND CREATING RULES
The Wisconsin Natural Resources Board proposes an order to amend NR 10.105 (2), NR 10.105 (4) (intro), NR 10.105 (7) (a), and NR 16.45 (8) (intro); to repeal and recreate NR 10.105 (4) (a), NR 16.45 (2) (intro); and to create NR 16.45 (2) (c), (2e), (2m) (a) & (b), and (2s) relating to deer carcass transportation, deer farm fencing, and chronic wasting disease and affecting small business.
WM-11-18 (E)
Analysis Prepared by the Department of Natural Resources
1. Statute Interpreted: 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. Additionally, s. 29.063 grants the department broad authority to manage CWD in deer with subsections (3) and (4) allowing the department the ability to regulate the transportation, possession, control, storage or disposal of the carcass of a cervid in the state. Finally, s. 90.21 (6) directs the department to promulgate rules for the fencing of deer farms that raise white-tailed deer. 2. Statutory Authority: Statutes that authorize the promulgation of this rule order includes sections 29.014, 29.063 and 90.21.
3. 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 hunting regulations. Section 29.063 specifically grants the department the ability to promulgate rules regulating the transportation and disposal of any cervid carcass in the state with limited exceptions. In s. 90.21, the department is required by the legislature to promulgate rules that establish requirements for fences for which the department issues fence inspection certificates. 4. Related Statutes or Rules: This rule is related to, 17-R-02, a currently active rule being promulgated by the Department of Agriculture, Trade, and Consumer Protection. This proposed rule is related to enhanced fencing for cervid farms of all species.
5. Plain Language Analysis:
Section 1 removes prohibitions of quartering a deer in the field or leaving the carcass parts behind.
Section 2 restricts the ability for deer hunters who harvest a deer in a CWD-affected county to move that deer outside of the county that the deer was originally harvested.
Section 3 allows a hunter to remove a deer head from a CWD-affected county if the head is being transported to an approved CWD sampling cooperator, kiosk, or staffed CWD testing center for testing the head for CWD.
Section 4 allows hunters to move a wild deer carcass with the head or spine attached out of a CWD-affected county if they take it to a licensed meat process or permitted taxidermist within 72 hours of leaving the county of harvest.
Sections 5, 6 & 8 create enhanced fencing standards for deer farmers who raise white-tailed deer.
Section 7 removes language which allowed farm-raised white-tailed deer to be enclosed by a single perimeter fence.
Section 9 clarifies changes to fencing standards as a result of these rules do not apply to certain individuals and groups, who were already exempt from complying with the previous standards.
6. Summary of, and Comparison with, Existing or Proposed Federal Statutes and Regulations:
For deer hunting there are no related federal regulations. There is a federal herd status program, although participation in that program is voluntary. 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.
7. Comparison with Similar Rules in Adjacent States:
Iowa currently only requires a single 8-foot-high fence for deer farmers. They also restrict the movement of all wild or captive deer from CWD endemic areas outside the state but don’t currently restrict movement of animals within the state.
Michigan requires mandatory testing of deer killed in townships where CWD is present within 72 hours of harvest. While the state does not currently restrict wild deer carcass movement, they are proposing additional regulations that would do so. One proposal would ban the movement of a deer carcass from a five-county area unless that deer has been tested for CWD. Michigan requires a single 10-foot-high exterior fence for farm raised white-tailed deer.
Illinois currently does not regulate the movement of deer carcasses within the state. Illinois does not currently have specific fencing requirements for white-tailed deer farms. They only require that all herd premises must have perimeter fencing adequate to prevent ingress and egress of cervids.
Finally, Minnesota does not allow any wild deer carcass to be removed from their CWD management area until after a CWD test has been completed, not even to a licensed meat processor or taxidermist. They define a CWD management area as any area within 10 miles of a known CWD positive. An individual that lives within that area may self-process their deer but they must keep the carcass parts in case the deer tests positive for CWD to be collected and disposed of by a digester. Minnesota currently only requires a single 8-foot fence, but they are exploring adopting rules which would require any deer farm within their CWD management area to double fence.
8. Summary of Factual Data and Analytical Methodologies Used and How Any Related Findings Support the Regulatory Approach Chosen:
