The statement of scope for this rule, SS 095-23 was approved by the Governor on October 26, 2023, published in Register No. 814B on October 30, 2023, and approved by the Natural Resources Board on April 10, 2024. 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 10.72 (3) and (4); to renumber and amend NR 10.104 (9m) (a) and (e) and (note); to amend NR 10.104 (9m) (title) and (intro.), (b), (c), and (d), 10.72 (title), (1) (intro.), (a), (c), and (d); to repeal and recreate NR 10.70, 10.71, 10.72 (1) (f), and (2), and 10.73; and to create NR 10.104 (9m) (am), relating to the deer management assistance program. |
WM-18-23
Analysis Prepared by the Department of Natural Resources
1. Statute Interpreted: Section 29.020, Wis. Stats., requires the department to establish a deer management program and provides that the department may establish fees for participation. 2. Statutory Authority: The promulgation of this rule order is authorized by s. 29.020, Wis. Stats. 3. Explanation of Agency Authority: Section 29.020, Wis. Stats., requires the department to establish a deer management assistance program under which deer management assistance is given to participating landowners and provides that the department may establish fees for participation. It also directs the department to provide a method for collecting information from participating landowners about deer health and populations in the state. The section authorizes the department to promulgate rules to implement the program. 4. Related Statutes or Rules: There are no currently active rules related to this rulemaking.
5. Plain Language Analysis:
Sections 1-4 updates the language regarding permits issued under the Deer Management Assistance Program (DMAP) to implement a new program structure. It also provides that the fee for bonus deer permits issued under the DMAP is half the ordinary cost of bonus deer permits that are issued over the counter to the general public. This change will have the effect of raising the cost of a nonresident bonus deer permit issued through DMAP from $6 to $10. Finally, this Section updates the purpose of the DMAP program to include better collaboration between the department and private landowners regarding deer management.
Section 5 moves a section of code dealing with reporting requirements for DMAP members who receive bonus deer permits to a more appropriate section of code where other reporting requirements are found for elective benefits.
Section 6 creates new definitions and removes some definitions from code that are no longer necessary due to the restructuring of DMAP.
Sections 7-9 restructure the DMAP program. Instead of having three levels which all receive different benefits DMAP will instead have “Members.” All landowners will be eligible to participate as a DMAP Member while elective benefits will be an additional level of participation offered only to landowners of 40 acres or more. There will be reduced fee should a landowner choose to reenroll for elective benefits. Fees for elective benefits will be based on the size of the property enrolled. Additionally, this Section limits benefits that are available to public land managers who apply for elective benefits. It also allows the department to cap the number of properties receiving elective benefits based on department capacity.
Section 10 updates the fee structure for DMAP participation. DMAP members, which replace Level 1 membership under the current rules, will now be charged a fee of $50 for the three-year term. Fees for elective benefits will be based on the acreage of the property enrolled. There will be a reduced fee should a landowner choose to receive elective benefits in subsequent years.
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, February 1, 2024, at 2 p.m. virtually through Teams. No members of the public attended the hearing. The department received one written comment during the open public comment period. The sole comment came from a representative of the Wisconsin Animal Protection Society. They requested that the department explore alternatives to the harvesting of deer for the purpose of deer management, including deer relocation and immunocontraception.
8. Comparison with Similar Rules in Adjacent States: Illinois, Minnesota, and Iowa do not have a program comparable to DMAP. Michigan does have a deer management assistance program. However, this program only offers antlerless permits to landowners and no other management assistance. Antlerless permits issued under Michigan’s program cannot be used by anyone other than the landowner or the authorized designee of the land and cannot be transferred to another person.
9. Summary of Factual Data and Analytical Methodologies Used and How Any Related Findings Support the Regulatory Approach Chosen: Current administrative rules establish the structure, benefits, and eligibility requirements for the Deer Management Assistance Program (DMAP). The established rule bases DMAP’s structure on the size of the enrolled property regardless of previous program involvement or landowner needs. Based on feedback received from focus group sessions representing 5 stakeholder groups, this rule change aims to restructure the program based on participant needs and previous program involvement in addition to property size. Specifically, it separates DMAP membership from on-site benefits. This enables members to select if and when they want on-site benefits. Additionally, it allows members electing to receive on-site benefits the ability to customize these benefits by enrolling based on their previous program involvement (new from returning members) and property size (small, medium, and large acreage parcels).
Program benefits under the current rules limit on-site benefits to properties with at least 160 acres. Given that the average parcel size of family-owned land in Wisconsin is 26 acres the current rule misses the majority of the program’s target audience and/or forces them into large group cooperatives, which are less likely to implement habitat management. To better serve Wisconsin’s landowners and hunters, and improve alignment between the program’s mission and benefits, the new rule reduces minimum acreage requirements for on-site services from 160 to 40 acres. Additionally, it provides expanded services to members not receiving on-site services such as property-specific annual harvest reports.
Under current state statute, DMAP is to be a partnership program where members provide data to support deer management in exchange for on-site benefits by DNR staff. The established code, however, does not incorporate this component and DMAP members, per member surveys and focus groups, want it emphasized. To account for this, the new rule incorporates data sharing as an eligibility component for continued on-site benefits.
The structural changes outlined within the new code necessitate the need for an updated fee structure. To align with the new structure and member’s ability to elect if and when they want on-site benefits, the new code separates program membership fees from those for on-site benefits. On-site benefit fees are further divided based on previous program enrollment to account for services selected and data sharing. DMAP fees were originally set in 2014. Modest fee increases for on-site benefits are included as part of the proposed rule to adjust for inflation and were supported by stakeholder focus groups. All fees are directly invested back into the DMAP.
Finally, in order to focus the program on private lands and adjust for unused program benefits, the new code refines the benefits available to public land. The current rules establishes that public land may enroll in the DMAP and receive habitat management recommendations as well as antlerless tags. However, in the 10 years since the program was established, no public land permits have been authorized through the DMAP. Given this information and that the intent of the permits are to help private landowners manage deer at the local level, the new code limits public land involvement to on-site benefits related to habitat management.
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 These rules are applicable to landowners who enroll in the DMAP impose no compliance or reporting requirements for small business, nor are any design or operational standards contained in the rule. However, per member requests during our program review process, the department anticipates instituting modest increases to our membership fees.
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), Wis. Stats. 13. Place where comments are to be submitted and deadline for submission:
Written comments may be submitted at the public hearings, by regular mail, or email to:
Scott Karel
Department of Natural Resources
P.O. Box 7921 Madison, WI 53707
