The statement of scope for this rule, SS 013-23 was approved by the Governor on January 26, 2023, published in Register No. 806A1 on February 6, 2023, and approved by the Natural Resources Board on February 22, 2023. This rule was approved by the Governor on September 7, 2023. ORDER OF THE STATE OF WISCONSIN NATURAL RESOURCES BOARD
AMENDING, REPEALING AND RECREATING AND CREATING RULES
The Wisconsin Natural Resources Board proposes an order to amend NR 10.02 (intro), 10.09 (2) (a) 1., 10.104 (7) (a) 2., (b) 2., (c) 2. and (12) (c), 10.145, 19.51 and 45.09 (5); to repeal and recreate NR 10.105 (2); and to create NR 10.02 (12) and (13) and 10.145 (4) relating to the 2023 wildlife management spring hearing rule. |
WM-18-22
Analysis Prepared by the Department of Natural Resources
1. Statute Interpreted, Statutory Authority and Explanation of Agency Authority: The chapter on wild animals and plants, in s. 29.014, Stats., “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. The department is generally charged with the care, protection, and supervision of state lands by s. 23.11 Stats. Under s. 23.09(2)(d), Stats., related to conservation, the department is directed to provide an adequate and flexible system for the use of outdoor resources in this state and may promulgate such rules as are necessary. These rules are necessary to preserve public opportunities to hunt with firearms on lands that have been acquired as areas where any citizen may hunt or trap. 2. Related Statutes or Rules: There are no current active related rules.
3. Plain Language Analysis:
Sections 1 and 2 allow individuals to shoot a bear in the act of attacking a domestic animal on private lands.
Section 3 allows the use of F-shot while hunting migratory birds.
Section 4 removes the public/private designation on the junior antlerless deer harvest authorization.
Section 5 allows the department to issue an either-sex diseased deer replacement permit if a hunter harvests an antlerless deer that is diseased.
Section 6 removes the requirement that hunters who quarter a deer bear or elk must divide them into no more than five parts before they are removed from the field.
Sections 7 and 8 allow anyone holding a valid trapping authorization to assist a trapper that holds a bobcat permit or harvest authorization for river otter or fisher and also holds a class A, B, C or D disability permit.
Section 9 increases the student registration fee for trapper education from $12 to $20.
Section 10 regulates target shooting on department lands in Brown County.
4. 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.
5. If Held, Summary of Comments Received During Preliminary Comment Period
and at Public Hearing on the Statement of Scope:
No preliminary public hearing was required on the Statement of Scope for this rule.
6. Comparison with Similar Rules in Adjacent States:
These rule change proposals 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.
7. Summary of Factual Data and Analytical Methodologies Used and How Any Related Findings Support the Regulatory Approach Chosen:
The largest shot size allowed while hunting migratory birds is T. This proposal would allow F-shot, which is larger than T, to be possessed and used while hunting migratory birds. F-shot can be and is often used by hunters who reload their own ammunition and has been shown to pattern well for waterfowl hunting with larger gauge shotguns. Allowing F-shot would increase opportunity, simplify regulations and allow the use of a shot size that can be used safely and effectively when waterfowl hunting.
Hunters are allowed to quarter a deer, bear, or elk in order to facilitate removal from the field. However, current rules require that the deer, bear, or elk may not be divided into more than 5 parts, not including the hide and the lower legs. Also, the head and neck must remain attached to one of the other parts of the animal, not including the hide, and all parts of animal must be removed from the field. This proposal would allow hunters to separate the carcass of the deer, bear or elk into as many parts as needed as long as all parts are removed from the field.
Currently, youth deer hunters are issued an antlerless deer harvest authorization that is valid statewide. But the hunter must select whether they want the authorization valid for public or private land. This rule proposal would eliminate the public/private designation, making the authorization valid on all property types.
Trapper education became mandatory in May 1992. The fee for the basic in person and correspondence course was originally $8. The fee for the basic and correspondence course was last increased to $12 in 2008. Fourteen years later, the $12 fee no longer covers the cost of the program. This proposal would set the basic in person and correspondence course fee at $20. The trapper education program now has an online course and this proposal will include a $20 course fee for that option.
