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 insert date.

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), 12.41 (4) (d) (intro.); to amend NR 12.001 (4), (5) and (9), 12.05 (1) and (3), 12.06 (2), 12.10 (1) (a) 3. and 4., (1) (b) 1.b., 2., 4.,5., 6., 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), and (4m), 12.33 (intro.),12.34 (3), (4) 12.35 (4), 12.36 (3) (a), 12.37 (4) (a) 3, 5., 6., 12.38 (1), (2) (intro.), and (a), (5) (a), 12.39 (title) (1)l (3) (a) and (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 (1a), 12.10 (1) (b) 1. e., 12.36 (2g) and (2r), relating to wildlife damage and abatement.

WM-09-23

Analysis Prepared by the Department of Natural Resources

1. Statute Interpreted, Statutory Authority and Explanation of Agency Authority: 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:

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Authorized wildlife damage abatement measures and methods for implementing and paying for these abatement measures;

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

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Procedures and standards for determining the amount of wildlife damage;

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A methodology for proration of wildlife damage claim payments; and

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Procedures for record keeping audits and inspections.

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

3. Plain Language Analysis:

Section 1 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.

Section 2 clarifies that a DNR permit is not needed to remove mink causing damage or nuisance.

Section 3 deletes repeated language and creates consistency with the language in the migratory bird treaty act.

Section 4 eliminates the live capture and relocation of Canada geese.

Section 5 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 a enrollee may not consider reasonable cause for refusing hunter access.

Section 6 eliminates department assistance on animal removal permits.

Section 7 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 8 eliminates a section of code that previously only applied to the Horicon Canada goose zone. This zone no longer exists.

Section 9 eliminates language in order 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 10 repeals a definition of “lands suitable for deer and elk” which is out of date.

Section 11 broadens the definition of “livestock holding area.” It also deletes a reference to a specific volume of the WDACP technical manual in administrative code.

Section 12 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 13 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.

Section 14 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 15 makes a variety of housekeeping changes to record retention, fencing and appeals.

Sections 16 – 27 implement federal changes to the agricultural depredation order of Canada geese causing agricultural damages in the spring.

4. Summary of, and Comparison with, Existing or Proposed Federal Statutes and Regulations:

These rules are consistent with any federal regulations that guide wildlife damage management. Federal agencies also partner with the state in implementing wildlife damage and abatement programs.

5. If Held, Summary of Comments Received During Preliminary Comment Period