CR 24-055 Rule Text

The statement of scope for this rule, SS 065-23 was approved by the Governor on September 7, 2023, published in Register No. 813A2 on September 11, 2023, and approved by the Natural Resources Board on October 25, 2023. This rule was approved by the Governor on October 31, 2024.

ORDER OF THE STATE OF WISCONSIN NATURAL RESOURCES BOARD

REPEALING, RENUMBERING AND AMENDING, AMENDING, REPEALING AND RECREATING, AND CREATING RULES

The Wisconsin Natural Resources Board proposes an order to repeal NR 12.10 (1) (b) 6. a., 12.15 (6), 12.17, 12.31 (4e), 12.36 (9), 12.37 (4) (a) 1.,12.41 (3) (note), (4) (d) 1., 2., and (e), (5) (a) 3., 4., (b) (c), (d), (e), and (h); to renumber and amend NR 12.001 (1) and (4), 12.41 (4) (d) (intro.); to amend NR 12.001 (5) and (9), 12.05 (1) and (3), 12.06 (2), 12.10 (1) (a) 1. a., 3., and 4., (1) (b) 1.b., 2., 4., 5., 6. (intro.), and 7., (c), (2) (b) 1., (3) (b) and (c), 12.15 (1), (2), (9), (10), (11) (c) and (d), (12), 12.16 (1), (2) (b) 2. b., (4), (6), (8) (intro.) and (a), 12.30, 12.305, 12.31(1), (3m), (4m), and (7), 12.33 (intro.),12.34 (3), and (4), 12.35 (4), 12.36 (1), (3) (a), (b) 1. c., 3., 4., 6. and 7., (4), (5), and (7), 12.37 (4) (a) 3, 5., 6., 12.38 (title), (1), (2) (intro.), and (a), (5) (a), 12.39 (title) (1), (3) (b) 4., 12.41 (title) (1), (3), (4) (intro.), (f), (5) (f), and (g) and (6) (f); to repeal and recreate NR 12.41 (6) (e); and to create NR 12.001 (1d), (4) (a), (b), and (c), (5) (note), 12.10 (1) (b) 1. E., 12.36 (2g) and (2r), and 12.37 (4) (a) 6. a. to f., relating to wildlife damage and abatement.

WM-09-23

Analysis Prepared by the Department of Natural Resources

1. Statute Interpreted: Section 29.885, Stats., grants the department the authority to remove or authorize the removal of any wild animal or structure of a wild animal that is causing damage or causing a nuisance. Section 29.889 (2) (b), Stats., requires the department to promulgate rules for eligibility and funding requirements for the wildlife damage abatement program and the wildlife damage claim program in order to maximize the cost-effectiveness of these programs. This section also grants the department rulemaking authority to establish all of the following:

 Authorized wildlife damage abatement measures and methods for implementing and paying for these abatement measures.

 Forms and procedures for payment and processing of statement of claims and applications for abatement assistance.

 Procedures and standards for determining the amount of wildlife damage.

 A methodology for proration of wildlife damage claim payments.

 Procedures for record keeping audits and inspections.

2. Statutory Authority: The promulgation of this rule order is authorized by ss. 29.885, and 29.889 Stats.

3. Explanation of Agency Authority: In promulgating these rules, statutes being interpreted or establishing agency authority include s. 29.885, Stats.

4 Related Statutes or Rules: This rule is related to active rules CR 23-047 and CR 23-025.

5 Plain Language Analysis:

Section1 clarifies that properties that touch at the corners are considered contiguous for the purposes of wildlife damage and abatement.

Section 2 creates a definition for what is considered an active bird nest to be consistent with the migratory bird treaty act.

Sections 3 AND 4 changes the definition of a lessee so that it better aligns with statutory language.

Sections 5- 7 amends definitions, clarifies hunter age and safety requirements for participating in animal removal permits. It also gives the department discretion to issue CWD permits on properties smaller than 5 acres and adds to the list of wildlife species which need department approval to be live trapped and relocated. It also deletes repeated language and creates consistency with the language in the migratory bird treaty act.

Section 8 clarifies that a DNR permit is not needed to remove mink causing damage or nuisance.

Section 9 makes a variety of housekeeping changes and clarifies when wild birds may be harassed or disturbed to relieve nuisance or damage in urban areas or golf courses.

Section 10 eliminates the live capture and relocation of Canada geese.

Section 11 clarifies that public hunting access is only required during an open hunting season for the species causing damage. It also deletes redundant language and updates references to federal rules, clarifies the application deadline for shooting deer causing damage, and updates the list that an enrollee may not consider reasonable cause for refusing hunter access.

Section 12 eliminates department assistance on animal removal permits. The department hasn’t assisted with animal removal permits in decades and doesn’t have the capacity provide assistance.

Section 13 updates terminology and clarifies a valid harvest authorization is needed anywhere shooting permit activities are taking place. It also allows for the suspension of permits if the conditions are violated. It also amends the definition of “minimum hunter effort,” amends the effective date of deer shooting permits and clarifies deer carcass disposition.

Section 14 eliminates a section of code that previously only applied to the Horicon Canada goose zone. This zone no longer exists.

Section 15 eliminates language to reduce confusion over statutory implementation of the wildlife damage abatement and claims program (WDACP), adds a monetary threshold for WDACP enrollment, and updates code to reflect language passed in 2017 Wisconsin Act 59.

Section 16 repeals a definition of “lands suitable for deer and elk” which is out of date.

Section 17 broadens the definition of “livestock holding area.” It also deletes a reference to a specific volume of the WDACP technical manual in administrative code and provides counties better flexibility for when they submit reimbursement requests. This Section also establishes that enrollees may not require any services for hunting access under the WDACP.

Section 18 repeals a section of code that is already found in state statute and referred to in code. This section also deletes a requirement that the enrolled land has been in cultivation for 5 years.

Section 19 makes a variety of housekeeping changes to record retention, fencing and appeals. It also creates deadlines for obtaining signatures for the landowners of leased properties that are enrolled in the WDACP. It also refines rules related to lands that are required to allow open hunting access due to enrollment in the WDACP. This includes requiring enrollees to make reasonable attempts to respond to requests from hunters. This Section also allows the denial of further abatement and claims assistance if a verified violation of the hunter access requirements occurs.

Sections 20 – 34 implement federal changes to the agricultural depredation order of Canada geese causing agricultural damages in the spring.