Order of the State of Wisconsin Natural Resources Board Repealing, Renumbering and Amending, Amending, Repealing and Recreating,
and Creating Rules
The statement of scope for this rule, SS 066-15, was approved by the Governor on August 3, 2015, published in Register No. 716A2 on August 10, 2015 and approved by the Natural Resources Board on October 28, 2015. This permanent rule was approved by the Governor on January 13, 2017. The Wisconsin Natural Resources Board proposes an order to repeal Ch. NR 10.001 (3s), (8e), (25k) and (27), 10.01 (3) (e) 2. d., 10.102 (5), 10.24 (3) (g), 12.16 (8) (c), 13.30 (2) (i) 6. and (Note), NR 15.01 (4), 19.09 (4) (f), 40.05 (2) (b) 3. (Note), 13. (Note), and 14. (Note); to renumber and amend NR 10.001 (8m); to amend NR 10.001 (5p), (5v), (18m), 10.02 (Intro.), 10.04 (1), 10.07 (1) (k), 10.13 (3) (c) 1. and 2., 10.24 (7) (a), and (10) (a) and (b), 10.25 (1) (c) 3. and (4) (b), 10.285 (Intro.), 12.10 (3) (d), 19.12 (1) (d), 40.05 (2) (b) 3., 13., 14., 33s. and (e) 2.; to repeal and recreate NR 10.24 (7) (b), 10.29 and 19.13, ; and to create NR 10.001 (6b) and (12m), wildlife management rules making remedial revisions to regulations for hunting, trapping, closed areas, nuisance wildlife management, removal of car-killed deer, and invasive species. WM-12-15
Analysis Prepared by the Department of Natural Resources
Statutory Authority and 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 trapping regulations and turkey hunting regulations or permit applications. This grant of rule-making authority also allows rulemaking which establishes the disposition of wild animals killed in vehicle accidents with additional direction provided in s. 29.349 related to animals killed by motor vehicles. Additional statutory authority relating to the issuance of turkey hunting permits is found in s. 29.164 which establishes that the department may regulate and limit the hunting of wild turkeys by issuing licenses. The wildlife damage abatement and claims program is established in s. 29.889 and rule making is specifically authorized under subsection paragraph (2) (b) which directs the department to establish rules for eligibility under the program. The department’s authority to regulate the harvest of wild rice is established in s. 29.607 related to wild rice. This statute establishes department powers and requires that the department obtain the advice and consent of the tribal council before promulgating any rules governing the harvest, use and disposition of wild rice growing within the bounds of an Indian reservation. The establishment of game refuges is authorized in s. 23.09 (2) (b) relating to the department’s ability to designate locations reasonably necessary for the purpose of providing safe retreats in which birds may rest and replenish adjacent hunting grounds. The department’s authority to classify and regulate invasive species is established s. 23.22 and rule making is specifically authorized under subsection paragraphs (2) (a) and (b), which directs the department to establish rules to identify, classify, and control invasive species. Statutes Interpreted and Explanation: 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 trapping regulations and turkey hunting regulations or permit applications. This grant of rule-making authority also allows rulemaking which establishes the disposition of wild animals killed in vehicle accidents with additional direction provided in s. 29.349 related to animals killed by motor vehicles. Additional statutory authority relating to the issuance of turkey hunting permits is found in s. 29.164 which establishes that the department may regulate and limit the hunting of wild turkeys by issuing licenses. The wildlife damage abatement and claims program is established in s. 29.889 and rule making is specifically authorized under subsection paragraph (2) (b) which directs the department to establish rules for eligibility under the program. The department’s authority to regulate the harvest of wild rice is established in s. 29.607 related to wild rice. This statute establishes department powers and requires that the department obtain the advice and consent of the tribal council before promulgating any rules governing the harvest, use and disposition of wild rice growing within the bounds of an Indian reservation. The establishment of game refuges is authorized in s. 23.09 (2) (b) relating to the department’s ability to designate locations reasonably necessary for the purpose of providing safe retreats in which birds may rest and replenish adjacent hunting grounds. The department’s authority to classify and regulate invasive species is established s. 23.22 and rule making is specifically authorized under subsection paragraphs (2) (a) and (b), which directs the department to establish rules to identify, classify, and control invasive species. Related Statute or Rule: The department is currently modifying the maximum dimensions of colony traps used for muskrats in Board Order WM-04-13. This rule modifies the same provision in NR 10.001 (3s) to replace the word “drowning” with “submersion”. In the treatment clause of this board order the section is referred to by the words “as affected” and the proposed trap dimensions in WM-04-13 are used.
This proposal repeals references to the Class B bear license and most requirements for taking possession of car killed deer, and acknowledges that car-killed turkey and bear can be taken in to possession, for consistency with 2015 ACT 55.
Plain Language Rule Analysis: These rule changes are proposed to update administrative code language to correct inconsistencies, update outdated language, and provide clarification when appropriate. This rule package will amend regulations for hunting, trapping, closed areas, nuisance wildlife management, removal of car-killed deer, and invasive species.
Section 1 repeals the definition of “blind” related to goose hunting in the former Horicon intensive management zone for Canada goose hunting. The Horicon intensive management zone has been repealed.
Sections 2, 3, 6, 8 and 15 replace the word “drowning” with “submersion” to better describe how that type of trap set functions.
Section 4 establishes a definition of “culvert” because the term is used regularly in the chapter related to regulations for trap placement.
Sections 5 and 14 repeal references to the Class B bear hunting license which was repealed by 2015 ACT 55.
Sections 7 and 9 eliminate the reference to the material that a foothold trap is made out of so that modern traps made of polymer or other materials can be used, instead of just steel. Section 9 also eliminates the definition of “unforked antler” because the term in not used in this chapter.
Section 10 repeals a reference to a firearm deer season occurring over the Christmas holiday period that is now extraneous because that season is an optional instead of an annual event.
Section 11 clarifies that illegal possession of a protected animal includes possession of the animal’s carcass.
Section 12 notes that porcupines are an unprotected species. Porcupines are unprotected under current law and providing that information in this location will reduce the number of questions to staff and make the code more useful.
