The statement of scope for this rule, SS 036-20 was approved by the Governor on April 20, 2020, published in Register No. 772B on April 27, 2020, and approved by the Natural Resources Board on May 27, 2020. This rule was approved by the Governor on April 22, 2021 ORDER OF THE STATE OF WISCONSIN NATURAL RESOURCES BOARD REPEALING, RENUMBERING, RENUMBERING AND AMENDING; AMENDING, AND CREATING RULES
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WM-01-20
Analysis Prepared by the Department of Natural Resources
1.
Statute Interpreted: The chapter on wild animals and plants, in s. 29.014 (1), “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.2.
Statutory Authority: The promulgation of this rule order is authorized by section 29.014, Stats.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.4.
Related Statutes or Rules: There are no currently active related administrative rules.5.
Plain Language Analysis:SECTION 1 amends the allowable forms of proof in lieu of the original fisher and otter harvest authorization to include a reprint, a conservation card, an authenticated Wisconsin operator’s license or a digital file displayed on an electronic device. This is necessary since a physical fisher and otter tag is no longer required.
SECTION 2 removes the requirement that an individual possess a pelt tag in order to harvest a fisher and replaces it with a harvest authorization.
SECTIONS 3, 16, 17, 18 and 21-24 updates cross references.
SECTION 4 specifies the possession limit for the fisher harvest authorization.
SECTION 5 removes the requirement that a fisher must have a registration tag attached to the pelt.
SECTIONS 6, 7 and 8 separates registration requirements from NR 10.085, leaving only the requirements for tagging harvested game and moving any registration regulations to the newly created NR 10.086.
These sections also allow fisher and otter to be registered in a similar fashion to deer, bear, elk, turkey and sharptailed grouse. It also removes the requirement that the pelts of fisher and otter be tagged once they are separated from the carcass.
SECTIONS 9 AND 15 create a new subsection of code containing all regulations regarding the certification of harvest of certain furbearer species.
SECTIONS 10 AND 12 consolidates requirements that parts of some harvested animals must submitted to the department to a single section of code and also moves it to a more appropriate section.
SECTION 15 creates a new subsection of code containing all regulations regarding the registration of game.
SECTIONS 19 and 20 removes the harvest reporting requirement for fisher and otter and changes the time required to report wolf and bobcat harvest so it is consistent with other species.
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. In general, hunting and trapping within the Apostle Islands National Lakeshore follows state regulations. However, in some instances, there are specific restrictions set in place by the federal government. 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: Michigan, Minnesota and Iowa require in- person registration of bobcat, fisher and otter. Illinois does not require in-person registration for bobcat or otter and does not have a fisher season. Only Michigan still requires a carcass tag be attached to the hide after harvest.8.
Summary of Factual Data and Analytical Methodologies Used and How Any Related Findings Support the Regulatory Approach Chosen:Current rules require individuals who harvest a bobcat, fisher or otter to report the harvest within twenty-four hours. This reporting is typically done either online or over the phone. This proposal will also change the terminology used for reporting and registering furbearer species. The act previously known as harvest reporting will now be referred to as registration so that it is consistent with how it is treated with other game species. This proposal will also change the timing of registration so that it is now required by 5 p.m. the day after harvest which is consistent with other game species.
Currently, individuals who harvest a bobcat, fisher or otter must register the animal in person. The department often required successful bobcat and fisher harvesters to separate the pelt from the carcass and tag both the pelt and the carcass. The individual must meet with a representative of the department within seven days after month of harvest to register the animal and submit the carcass to the department to use for population modeling. Under this proposal , “in-person registration” is called “harvest certification” since registration is now required by 5 p.m. the day after harvest. In-person harvest certification will no longer be required for fisher and otter but will still be required it for bobcat and wolf. Otter harvest certification will still be required but instead of being in-person with a department representative a CITES tag will be mailed to the individual who will be required to attach it to the pelt upon receipt.
Finally, under this proposal fisher harvesters will no longer be issued a permit or be required to attach a pelt tag. Instead the permit is replaced with a harvest authorization similar to otter.
9.
Analysis and Supporting Documents Used to Determine the Effect on Small Business or in Preparation of an Economic Impact Report:A notice for solicitation of comments on this analysis was posted on the department’s website in October 2020 for fourteen days. No comments were received and no fiscal effects on small businesses, their associations, or local governments are anticipated.
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.
