Contact Person
Assistant Attorney General Clayton P. Kawski, (608) 266-7477.
Natural Resources
Fish, Game, etc., Chs.
NR 1—
This statement of scope was approved by the governor on February 15, 2012.
Rule No.
WM-05-12(E) (Revises Chapter
NR 10)
Relating to
Reestablishing a four day, October, anterless-only firearm deer season in the CWD Management Zone.
Description of the Objective of the Rule
This emergency rule proposal would re-establish the annual October, antlerless-only, four day firearm deer season that has been held in the chronic wasting disease management zone.
Description of Existing Policies Relevant to the Rule and of New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives; the History, Background and Justification for the Proposed Rule
Under 2011 ACT 50, if the department elects to continue holding the four day, antlerless-only, firearm deer season prior to the traditional nine day firearm season, it must do so by enacting emergency rules each year. This season may only be held in areas where a chronic wasting disease management zone has been established. The season would begin on Thursday, October 11.
Since 2002, the department has held an October firearm deer season to provide hunting opportunity and for herd management and disease control purposes in the chronic wasting disease management zone. Deer population reduction is the available disease control method most likely to be effective in controlling CWD in free-ranging deer. Over the past 50 years, regulated hunting has been shown to be an ecologically sound, socially beneficial, and fiscally responsible method of managing deer populations. Hunter harvest in the CWD Management Zone during the past eight years appears to have reduced the deer population in this region, although it has not been sufficient to cause substantial, widespread population decline. An October season helps maintain a consistent hunting-season structure that improves hunter understanding of regulations and enhances both compliance and enforcement of those regulations. A consistent season framework also makes it easier to evaluate management efforts.
Statutory Authority for the Rule (Including the Statutory Citation and Language)
In promulgating this rule, ss.
29.014,
29.016 (2) (b),
29.063 and
227.24, Stats., have been interpreted as providing the department with the authority to make modifications to deer hunting seasons.
Estimate of the Amount of Time that State Employees will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
Approximately 73 hours will be needed by the department prior to and following adoption by the board.
Description of all Entities that may be Impacted by the Rule
Interested groups and individuals are those who are concerned about deer management including hunters and people whose interests involve agriculture, environment, forestry, wildlife viewing, and non-hunting related outdoor recreation that occurs during deer hunting seasons.
Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
Federal regulations allow states to manage the wildlife resources located within their boundaries provided they do not conflict with regulations established in the Federal Register. None of these rule changes violate or conflict with the provisions established in the Federal Code of Regulations.
Anticipated Economic Impact of the Rule
No economic impacts are anticipated. The hunting season framework proposed in this rule is identical to the season framework that was in place during the previous season.
Contact Person
Scott Loomans, Wildlife Regulation Policy Specialist, 101 S. Webster Street, PO Box 7921, Madison WI 53707-7921, (608) 267-2452 or Kevin Wallenfang, Big Game Specialist, 101 S. Webster Street, PO Box 7921, Madison WI 53707-7921, (608) 261-7589.
Natural Resources
Fish, Game, etc., Chs.
NR 1—
This statement of scope was approved by the governor on February 15, 2012.
Rule No.
WM-03-12(E) (Revises Chapter
NR 10)
Relating to
Modifying Chapter
NR 10 related to the bobcat hunting and trapping season.
Description of the Objective of the Rule
This rule would establish the 2012 bobcat hunting and trapping season framework.
Description of Existing Policies Relevant to the Rule and of New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives; the History, Background and Justification for the Proposed Rule
Through this rulemaking, the department will propose continuing the current trial bobcat season framework that was split into two separate time periods in 2010 and 2011. The alternatives to be considered are reverting back to a single, straight season framework, or extending the trial period in order to allow additional evaluation.
In 2010 and 2011, the bobcat season was split into two separate permit periods: the Saturday nearest Oct. 17 - Dec. 25 and Dec. 26 to Jan 31. There appears to have been public support for the new season framework and the opinion of department staff is that it provides the tools for sound use, management and protection of the bobcat resource. If emergency rules are not promulgated, the season automatically reverts back to a single permit period beginning on the Saturday nearest October 17 and continuing through December 31 in 2012. Some people will view a reversion to the single season framework as a reduction of opportunity that is not socially acceptable. Frequent change of season dates and regulations for hunting and trapping can be confusing and disruptive to the public, can result in citations being issued, and is not necessary for protection of the bobcat population in this situation. Therefore, this emergency rule is needed to preserve the public welfare.
During this rule making process the impacts of the split season framework and public opinion will be evaluated, including through consideration of voting on an advisory question at the April, 2012 spring hearings in each county. If there is support, this rule proposal will be followed by permanent rules.
Statutory Authority for the Rule (Including the Statutory Citation and Language)
Estimate of the Amount of Time that State Employees will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
144 hours.
Description of all Entities that may be Impacted by the Rule
Groups likely to be impacted or interested in this rulemaking are bobcat hunters and trappers, including members of groups such as the Wisconsin Trappers Association, Bear Hunters Association, Wildlife Federation, and the Conservation Congress.
Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
Federal regulations allow states to manage the wildlife resources located within their boundaries provided they do not conflict with regulations established in the Federal Register. None of these rule changes violate or conflict with the provisions established in the Federal Code of Regulations.
Anticipated Economic Impact of the Rule
No economic impacts are anticipated. The hunting season framework proposed in this rule is identical to the season framework that was in place during the previous season.
Contact Person
Scott Loomans, 101 S Webster St., Madison, WI 53707, (608)267-2452,
scott.loomans@wisonsin.gov or John Olson, 2501 Golf Course Road, Ashland, WI 54806, (715) 685-2934,
johnf.olson@wisconsin.gov
Natural Resources
Fish, Game, etc., Chs.
NR 1—
This statement of scope was approved by the governor on February 15, 2012.
Rule No.
WM-02-12(E) (Revises Chapter
NR 10)
Relating to
Establishing the 2012 Migratory Bird Season Framework.
Description of the Objective of the Rule
This emergency rule order will establish the 2012 migratory bird hunting seasons.
Description of Existing Policies Relevant to the Rule and of New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives; the History, Background and Justification for the Proposed Rule
This is an annual rule that will be consistent with a federal framework and is not a change from past policies. Migratory game bird hunting is regulated by the United States Fish & Wildlife Service (USFWS), in
50 CFR part 20, who will offer a final season framework to Wisconsin on approximately August 1, 2012. The State of Wisconsin's season proposal will be based on the federal framework and local conditions. Wisconsin will also not be more restrictive than the federal bag limit framework except that we will propose one less hen mallard in the bag limit if the federal framework allows two or more, consistent with existing Wisconsin rules. This rule may relax the prohibition on hunting waterfowl in open water for holders of permits for hunters with disabilities and lift a sunset of special migratory bird hunting regulations at the Mead and Zeloski Marsh Wildlife Management Areas.
Statutory Authority for the Rule (Including the Statutory Citation and Language)
Estimate of the Amount of Time that State Employees will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
Approximately 400 hours will be needed by the department prior to and following the hearings.
Description of all Entities that may be Impacted by the Rule
These rules will impact migratory game bird hunters and those who enjoy viewing waterfowl in Wisconsin.
Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
Under international treaty and Federal law, migratory game bird seasons are closed unless opened annually through the USFWS regulations process. As part of the federal rule process, the service proposes a duck harvest-management objective that balances hunting opportunities with the desire to achieve waterfowl population goals identified in the North American Waterfowl Management Plan (NAWMP). Hunting opportunity increases as duck populations approach the goals in the NAWMP. Factors such as habitat are also considered.
Locally produced giant Canada geese are now a considerable portion of the harvest in states that also harvest Mississippi Valley Population geese that nest in Canada. The MFC has been testing the use of a standard season framework for 5 years, ending in 2011. Season lengths and bag limits for each MVP harvest state have remained unchanged. In 2012, the MFC will conduct an evaluation of harvest impacts of these stable regulations and establish a framework for future seasons. Following the 2012 review, changes to the Canada goose zones or hunting regulations may be proposed in Wisconsin.
Anticipated Economic Impact of the Rule
No economic impacts are anticipated. The hunting season frameworks proposed in this rule will be comparable to those in place during the previous season.
Contact Person
Scott Loomans, 101 S Webster St., Madison, WI 53707, (608)267-2452,
scott.loomans@wisonsin.gov or Kent Van Horn, Migratory Birds Specialist, 101 South Webster Street, PO Box 7921, Madison, WI 53707-7921, (608) 266-8841,
Kent.Vanhorn@wisconsin.gov.
Natural Resources
Environmental Protection — General, Chs.
NR 100—
This statement of scope was approved by the governor on February 15, 2012.
Rule No.
Revises Chapter
NR 115, Wis. Adm. Code WT-06-12
Relating to
Wisconsin's Shoreland Management Program.
Description of the Objective of the Rule
Modify the rule relating to the impervious surface limits, nonconforming structure provisions, vegetation standards and administrative procedures to reduce the administrative burden on counties.
Description of Existing Policies Relevant to the Rule and of New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives; the History, Background and Justification for the Proposed Rule
