The statement of scope for this rule, SS 041-23 was approved by the Governor on June 15, 2023, published in Register No. 810A3 on June 19, 2023, and approved by the Natural Resources Board on December 13, 2023. This rule was approved by the Governor on insert date. ORDER OF THE STATE OF WISCONSIN NATURAL RESOURCES BOARD
AMENDING AND REPEALING AND RECREATING CREATING RULES
The Wisconsin Natural Resources Board proposes an order to amend NR 10.01 (3) (i), 10.37 (3) and 19.60 (3) (a) 1; to repeal and recreate NR 10.11 (2), 10.111 and 10.37 (1) and (2); relating to elk management. |
WM-05-23
Analysis Prepared by the Department of Natural Resources
1. Statute Interpreted: The chapter on wild animals and plants, in s. 29.014 (1) 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. Additionally, s. 29.182 (1) Stats., provides that the department may “issue elk hunting licenses and limit the number of elk hunters and elk harvested in any area of the state.” Additionally, it provides the department may establish by rule areas of the state where elk hunting is prohibited. 2. Statutory Authority: The promulgation of this rule order is authorized by ss. 29.014 and 29.182 (1), Stats. 3. 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. This grant of rule-making authority allows the department to make changes related to hunting regulations. Additionally, s. 29.182 (1) Stats., grants the department the ability to regulate the issuance of elk hunting licenses. 4. Related Statutes or Rules: There are no currently active related administrative rules.
5. Plain Language Analysis:
Section 1 creates a single, continuous elk hunting season. It also corrects language concerning elk carcass tags.
Section 2 specifies that elk tags may be only valid in a specific unit within an elk management zone. This section also updates elk population goals. Instead of a numeric population goal, each management zone each will be given a population objective to either increase, decrease or maintain the elk population which is similar to how white-tailed deer are managed. It also changes how elk quotas are established, moving away from a formula and instead relying on metrics that are identified in the elk management plan.
Section 3 amends the elk population goals for each elk management zone.
Sections 3 and 4 rename the elk management zones, updates their boundaries and creates units within the zones.
Section 5 clarifies that when material placed for feeding wild birds and small mammals near homes is being utilized by elk it must be altered to prevent elk from accessing that feeding device.
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. If Held, Summary of Comments Received During Preliminary Comment Period
and at Public Hearing on the Statement of Scope: The department held a preliminary public hearing on the statement of scope on Thursday, October 5th at 1 p.m. virtually through Microsoft Teams. No members of the public attended the hearing. Also, no members of the public submitted written comments regarding the scope statement.
8. Comparison with Similar Rules in Adjacent States: Only Michigan and Minnesota have regulated elk seasons. Minnesota has four separate hunting zones encompassing existing herds. Hunting is currently only allowed in two zones (20 and 30), with the majority of hunting in zone 20. Minnesota has five consecutive nine-day long seasons that take place from August 22 through November 1 plus an additional 9-day season from December 5-13. Michigan has three separate hunting "periods". Period one is Sept 1-4, Sept 18-21, and Oct 2-5. Period two is Dec 12-20. Period three is Jan 13-17. In Michigan, Elk Management Units X, H, I. Units H and I (core elk range) are closed for hunting in the September/October periods but open in the December period. Unit X is comprised of 10 counties while Units H and I combined are about half of a county in total. Michigan has a statewide elk population goal of 500-900 and Minnesota's population goal is 230-300
9. Summary of Factual Data and Analytical Methodologies Used and How Any Related Findings Support the Regulatory Approach Chosen:
Current rules establish two elk ranges that serve a dual purpose as elk management zones. They include the Clam Lake zone and the Black River zone. Hunters were previously allowed to harvest elk in any part of an elk management zone that is open to hunting. This rule changes the names and boundaries of these zones, and further divides them by creating elk hunting units within these zones. The creation of units, combined with an ability to specify the unit(s) or zone(s) were an elk carcass tag is valid, may provide an ability to reduce hunting pressure on elk.
The elk season is statutorily required to begin on the Saturday nearest October 15th. Under current rules it runs for thirty consecutive days and then reopens on the second Thursday in December and continued for nine consecutive days. This rule eliminates the closed period during the season and instead offers a single, consecutive season which ends on the Sunday nearest December 15th.. There was no biological reason to have a split season, and this will be a simpler season framework for hunters and other outdoor recreationists to remember.
Since reintroduction, the elk population has been managed using a numeric goal as a long-term population goal to guide management efforts, which allows for little population size flexibility and adaptation with conflict or nuisance. The elk management plan proposes to manage the elk population using adaptive management by adopting an objective-based approach. This approach aligns population ranges with associated objectives and is founded by managing elk towards a density of 1 elk/sq. mile across each management zone. A list of metrics is utilized to guide management decisions based on current elk status on the landscape. A numeric population goal offers less flexibility to direct or react to the direction the elk population is trending. It also offers less flexibility to address elk nuisance and conflict at the herd level. An adaptive approach would allow the elk population to grow to an increased size while addressing localized conflict.
This rule also expands both the north and central elk management zones boundaries. The boundary expansions allow for increased management opportunity.
10. 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.
11. 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 or operational standards are contained in the rule. Because this rule does not add any regulatory requirements for small businesses, the proposed rules will not have an economic impact on a substantial number of small businesses under s. 227.24(3m), Stats. 13. Place where comments are to be submitted and deadline for submission:
