ORDER OF THE STATE OF WISCONSIN NATURAL RESOURCES BOARD
RENUMBERING, RENUMBERING AND AMENDING, AMENDING, REPEALING AND RECREATING AND CREATING RULES
The statement of scope for this rule, SS 124-13, was approved by the Governor on September 20, 2013, published in Register No.694, on October 14, 2013, and approved by the Natural Resources Board on December 11, 2013. This rule was approved by the Governor on June 25, 2014. The Wisconsin Natural Resources Board proposes an order to renumber NR 27.03 (2) (i) 1.; to renumber and amend NR 27.03 (2) (b) 3., 3L., 7., (f) 2., (i) 22m., (3) (b) 2., 2t., 3., 7., 12., (f) 2., (i) 32., 33., 40., and 48.; to amend NR 10.02 (9), (10), 16.12 (3) (b) 2., 3., 6., 16.13 (3) (a), 27.03 (2) (a) 1., (b) 4., (c) 3., 4., 5., 6., (d) 1m., (e) 2t., 3., 4m., 6m., (f) 2m., 2r., 5., 6., 7., 9g., (g) 1., 9., (i) 4., 5m., 8., 9., 10., 11., 12., 17., 17m., 18., 20., 21., 22., 23., 25., 25m., 26., 27., 29m., 29t., 30m., 40q., 41., 43m., 44., 45., 49., (3) (b) 6m., 10., (c) 1. , (e) 9m., (i) 7., 11., 14., 17., 19., 21., 25., 26., 28., 34., 42., 44., 46., 47., 51., 52m., and 56.; to repeal and recreate NR 27.03 (1); and to create NR 10.02 (11), 16.12 (3) (b) 12, 19.275 (4) (bm), 21.13 (4) (bm), 22.13 (4) (bm), and 27.03 (1) (Note) relating to the addition of the Blanding’s turtle to the State’s Protected Wild Animal list, possession exemptions, and turtle seasons and limits and to updating scientific and common names and federal listing status.
ER-30-13
Analysis Prepared by the Department of Natural Resources
1. Statutory Authority, Statutes Interpreted and Explanation: Statutes that authorize the promulgation of these rules are: ss. 29.011, 29.014, 29.039, and 29.604 Stats. These statutes establish management authority with the department, provide that the title to wild animals is vested with the state, and provide the department with authority to maintain open and closed seasons and other regulations and programs to conserve game and nongame species. Section 29.604 (3)(b), Wis. Stats., has been interpreted as allowing the department the authority to create and amend the list of Wisconsin’s endangered and threatened species, NR 27.03, Wis. Admin. Code. All rules promulgated under this authority are subject to review under ch. 227, Stats. 2. Related Statutes or Rules: Existing policies relevant to the rule are Wisconsin Adm. Codes, ch. NR 27 and ss. NR 10.02, 16.12, 16.13, 19.275, 21.13, and 22.13. No new policies are being proposed. The department is also promulgating a corresponding emergency rule [ER-31-13 (E)]. The emergency and permanent rules both contemplate the following changes: add Blanding’s turtle to the list of Wild Protected Animals (NR 10.02); add Blanding’s turtles to the Captive Wildlife – Reptile and Amphibian Possession Exemptions [NR 16.12(3)(b)]; and add Blanding’s turtles to the turtle season/limits with a season/limit of none/zero on NR 19.275(4), 21.13(4), and 22.13(4). The permanent rule only will also contemplate performing housekeeping on scientific and common names, and Federal Protection Status on administrative rules 10.02, 16.12, 16.13,19.275, 21.13, 22.13, 27, and other related rules listing native plant and animal species.
3. Plain Language Analysis: The objective of this proposed rule is to protect Blanding’s turtles from the threat of harvest and collection once they are removed from the Wisconsin Threatened species list. The Blanding’s turtle was delisted on January 1, 2014 per administrative rule ER-27-11. This emergency and permanent rule is a follow-up action that was proposed during the public comment for ER-27-11. As stated by the Department in the final adopted rule order for ER-27-11, that while the Blanding’s turtle no longer meets the scientific criteria for listing as Threatened, the population is vulnerable to harvest and collection and should be added to the Protected Wild Animal list (NR 10.02) and harvest/collection limits.
SECTIONS 1, 3, 5, and 11-32 update scientific, common, and family names. These changes reflect current understanding of the scientific community and include mostly placement of species into a different Genus or taxonomic group. Several discrepancies in spelling and missing common names are also corrected. All of these taxa are still regarded as valid species.
SECTIONS 2, 4, 6, 7, and 8 add the Blanding’s turtle to the list of Wild Protected Animals, Captive Wildlife Exemptions, and to the turtle season’s and limits in Wisconsin’s waters to protect them from harvest and collection.
SECTIONS 9 and 10 replace the list of endangered and threatened U.S. foreign and native species with a link to the latest publication as published in the Government Printing Office's Endangered and Threatened Wildlife and Plants 50 eCFR 17.11 and 17.12. This “adoption by reference” meets the expectation set by Wis. Stats. 29.604 (3) (b) to establish the list of wild animals and wild plants on the U.S. list of endangered and threatened foreign species; wild animals and wild plants on the U.S. list of endangered and threatened native species. The U.S. list is updated daily and is found on the US Fish and Wildlife Services’ endangered species web page (http://www.fws.gov/endangered/). 4. Summary of, and Comparison with, Existing or Proposed Federal Statutes and Regulations: There are no federal regulations that would be in conflict with this proposed action. Blanding’s turtles are not federally listed. In 2013, the United States Fish and Wildlife Service proposed addition of the Blanding’s turtle to The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) list: http://www.fws.gov/international/cites/cop16/blandings-turtle.html 5. Comparison with Similar Rules in Adjacent States: There are similar possession laws in adjacent other states. The Blanding’s turtle is state protected in Illinois, Iowa, and Minnesota. In Michigan, Blanding’s turtles shall not be taken or possessed except as authorized by the Director of the Department of Natural Resources.
6. Summary of Factual Data and Analytical Methodologies Used and How Any Related Findings Support the Regulatory Approach Chosen: Since 1979, when the Blanding’s turtle was added to the threatened list, there has not been a pet or food trade industry for this species in the state. However, as a result of delisting, the Blanding’s turtle is subject to turtle harvest regulations as all turtles not listed as threatened or endangered in NR 27 or otherwise specified have a 135-day open season between July 15 and November 30 where the public may capture and possess up to 5 individuals.
Internationally there is concern for this species because of the increasing trend in the pet trade and commercial collecting. Regionally the Blanding’s turtle is state protected in Illinois, Iowa, and Minnesota. In Michigan, Blanding’s turtles cannot be taken or possessed except as authorized by the Director of the Department of Natural Resources.
As stated by the Department in the final adopted rule order for ER-27-11, that while the Blanding’s turtle no longer meets the scientific criteria for listing as Threatened, the population is vulnerable to harvest and collection and should be added to the Protected Wild Animal list (NR 10.02) and harvest/collection limits.
These proposed rule changes were developed with the assistance of the Bureaus of Natural Heritage Conservation, Fisheries Management, Wildlife Management, and Legal Services.
7. 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 no have a significant fiscal effect on the private sector or small businesses. These rules do not impose compliance or reporting requirements for small businesses, nor are any design or opertational standards contained in the rule.
Pursuant to s. 227.137, Wis. Stats., the department is required to solicit comments on the economic impact of the proposed rule. Small businesses, as defined in s. 227.114(1), Wis. Stats., were be asked to identify themselves as a small business in their comments. No economic comments were received in the 2-week comment period between January 22 and February 5, 2014. The department anticipates minimal economic impact, with few entities affected as collection and possession limits will not change. Interested parties may include individuals using turtles as bait or food, and parties interested in developing a pet/food trade for the Blanding's turtle in Wisconsin.
8. Effect on Small Business: These rules will have few if any entities affected as collection and possession limits will not change. Interested parties may include individuals using turtles as bait or food, and parties interested in developing a pet/food trade for the Blanding's turtle in Wisconsin. Because this rule does not add any regulatory requirements for small businesses, the proposed rules will not have a significant economic impact on a substantial number of small businesses under 227.24(3m).
10. Place where comments are to be submitted and deadline for submission:
Public hearing was held on April 2, 2014. The deadline for written comments was also April 2, 2014. Written comments could be submitted at the public hearings, by regular mail, fax or email to:
Terrell Hyde, Department of Natural Resources, Natural Heritage Conservation – NH/6, Madison, WI 53707-7921, Fax: (608) 266-2925, Email: Terrell.Hyde@Wisconsin.gov The consent of the Attorney General was requested for the incorporation by reference of the list of endangered and threatened U.S. foreign and native species with a link to the latest publication as published in the Government Printing Office's Endangered and Threatened Wildlife and Plants 50 eCFR 17.11 and 17.12. This “adoption by reference” meets the expectation set by Wis. Stats. 29.604 (3) (b) to establish the list of wild animals and wild plants on the U.S. list of endangered and threatened foreign species; wild animals and wild plants on the U.S. list of endangered and threatened native species. The U.S. list is updated daily and is found on the US Fish and Wildlife Services’ endangered species web page (http://www.fws.gov/endangered/). Section 1 NR 10.02 (9) and (10) are amended to read:
10.02 (9) Timber rattlesnake of the species Crotalus horridus, except that a timber rattlesnake may be killed in emergency situations involving an immediate threat to human life or domestic animals. It is requested that each person who kills a rattlesnake under this provision provide to the department no later than 48 hours after the kill, not to include Saturdays, Sundays and holidays, factual information related to the kill including the location, date of the kill and the name and address of the person who killed it.
(10) Bullsnakes Gophersnakes Pituophis melanoleucus sayi catenifer, black rat snakes Elaphe obsoleta obsoleta gray ratsnakes Pantherophis spiloides, and the racer snakes North American racers Coluber constrictor.
Section 2 NR 10.02 (11) is created to read:
10.02 (11) Blanding’s turtles Emydoidea blandingii.
Section 3 NR 16.12 (3) (b) 2., 3., and 6. are amended to read:
16.12 (3) (b) NR 16.12(3)(b)2. 2. No person may take or possess bullsnakes gophersnakes of the species Pituophis melanoleucus sayi catenifer, North American racers of the species Coluber constrictor or black rat snakes gray ratsnakes of the species Elaphe obsoleta obsoleta Pantherophis spiloides taken from within the borders of the state. Persons may possess up to 2 of each of these species if legally obtained from out-of-state. (3) (b) 3. A person may only take or possess up to 2 individuals of the following snake species: Fox snakes Eastern foxsnakes of the species Elaphe vulpina vulpina Pantherophis vulpinus and eastern milk snakes milksnakes of the species Lampropeltis triangulum triangulum.
(3) (b) NR 16.12(3)(b)6.6. A person may take and possess more than 5 native northern leopard frogs of the species Rana Lithobates pipiens, 5 mudpuppies of the species Necturus maculosus, and 5 eastern tiger salamanders of the species Ambystoma tigrinum, or native amphibians and reptiles subject to s. NR 16.13 (2) (a) if authorized by the department by a class A captive wild animal farm license issued under s. 169.15, Stats. Section 4 NR 16.12 (3) (b) 12. is created to read:
16.12 (3) (b)NR 16.12(3)(b)2. 12. No person may take or possess Blanding’s turtles of the species Emydoidea blandingii within the borders of the state. Persons may possess up to 2 of this species if legally obtained from out-of-state.
Section 5 NR 16.13 (3) (a) is amended to read:
16.13 (3) (a) Leopard Northern leopard frogs, mudpuppies and eastern tiger salamanders. Native leopard frogs of the species Rana Lithobates pipiens, mudpuppies of the species Necturus maculosus or eastern tiger salamanders of the species Ambystoma tigrinum collected within Wisconsin may be purchased from a seller that has been specifically authorized by a class A captive wild animal farm license issued under s. 169.15, Stats., or a bait dealers license issued under s. 29.509, Stats., to possess and sell these species. Section 6 NR 19.275 (4) (bm) is created to read:
Turtle species | Open seasons (both dates inclusive) | Daily bag and possession limit | Size limit |
(bm) Blanding’s turtle | None | 0 | None |
