CR 19-090 Rule Text

ORDER OF THE STATE OF WISCONSIN NATURAL RESOURCES BOARD REPEALING, AND REPEALING AND RECREATING RULES

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WM-24-18

Analysis Prepared by the Department of Natural Resources

1.

Statute Interpreted: Section 29.014 (1) of the Wisconsin Statute directs the department to establish and maintain any bag limits and conditions governing the taking of fish and game that will conserve the fish and game supply and ensure the citizens of this state continued opportunities for good fishing and hunting. Also, s.29.091 (1) prohibits people from hunting or possessing a loaded firearm or an unstrung or encased bow or crossbow on any wildlife refuge.

2.

Statutory Authority: Statutes that authorize the promulgation of this rule order include sections 29.014, 29.091 (1), 23.09 (2) (b), 23.11 and 29.053 (2), Wis.. Stats.

3.

Explanation of Agency Authority: Section 29.014 (1) of the Wisconsin Statutes provides that the department shall establish and maintain open and closed seasons for fish and game and any bag limits, size limits, rest days and conditions for taking fish and game.

Section 23.11 confers the department general powers and duties to take general care, protection, and supervision of state lands. In addition, s. 29.053 (2) grants the department the ability to exercise its authority under s. 29.014 to establish open and closed seasons to the state as a whole, or for any specified county or part of a county. Finally, s. 29.03(2) (b) grants the department the authority to designate areas as game refuges.

4.

Related Statutes or Rules: This rule is related to currently active department rule WM-10-18.

5.

Plain Language Analysis:

SECTION 1 updates the closed area designations in Chapter NR 11 and refuge designations in Chapter NR

15. It also moves the wildlife refuge designations from Chapter NR 15 into Chapter NR 11. This section reduces the number of available refuge and closed area designations, updates all refuge and closed area maps, removes Department properties that no longer ecologically justify remaining a refuge and removes land that is not owned or managed by the Department as refuges.

SECTION 2 repeals chapter NR 15 which has been incorporated into NR 11.

6.

Summary of, and Comparison with, Existing or Proposed Federal Statutes and Regulations: 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. None of these rule changes violate or conflict with the provisions established in the Federal Code of Regulations.

7.

Comparison with Similar Rules in Adjacent States: These proposed rule changes do not represent significant policy changes and do not differ significantly from surrounding states. All surrounding states have regulations and rules in place for the management and recreational use of wild game and furbearer

species that are established based on needs that are unique to that state’s resources and public desires.

8.

Summary of Factual Data and Analytical Methodologies Used and How Any Related Findings Support the Regulatory Approach Chosen: Current rules establish properties as closed areas and wildlife refuges. These designations restrict the public’s ability to access these properties for activities during specific dates. Many of the current closed area and refuge definitions are decades old. During that time wildlife use of the property has changed. This proposed rule will update the closed area and refuges designations of all currently designated properties so that the designations reflect the current property use.

9.

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 not have fiscal effects on the private sector or small businesses. No costs to the private sector or small businesses are associated with compliance to these rules.

10.

Effect on Small Business (initial regulatory flexibility analysis): These rules are applicable to individual sportspersons and impose no compliance or reporting requirements for small businesses, and no design standards are contained in the rule.

11.

Agency Contact Person: Scott Karel, 101 South Webster Str., PO BOX 7921, Madison, WI 53707- 7921. [phone], [e-mail].

12.

Place where comments are to be submitted and deadline for submission:

Written comments may be submitted at the public hearings, by regular mail, fax or email to: Scott Karel

Department of Natural Resources

O.O.

Box 7921 Madison, WI 53707

[e-mail] 608-267-2452

608-267-7857 (fax)

Written comments may also be submitted to the Department at [e-mail].

The deadline for written comments was August 2, 2019.

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SECTION 1.   ch. NR 11 is repealed and recreated to read:

Subchapter I- General Regulations

NR 11.01 Exceptions to closed areas and refuges.

(1)

Nothing in this chapter shall prohibit the department or its fully authorized agents, the armed forces of the national guard or of the United States, or any peace officers or any person summoned by a peace officer to assist the officer in making an arrest or in preserving the peace

from entering and being on any of the below described refuges or closed areas in the performance of official duties.

(2)

Nothing in this chapter shall prohibit or hinder the department and its employees, duly authorized agents, or contractors from entering and being on any of the below described refuges or closed areas in the performance of their official duties relating to wildlife management.