The statement of scope for this rule, SS 107-24, was approved by the Governor on October 31, 2024, published in Register No. 827A1 on November 4, 2024, and approved by the Natural Resources Board on December 11, 2024. This rule was approved by the Governor on insert date. ORDER OF THE STATE OF WISCONSIN NATURAL RESOURCES BOARD
REPEALING, AMENDING, REPEALING AND RECREATING AND CREATING RULES
The Wisconsin Natural Resources Board proposes an order to repeal NR 10.01 (2) (f) 3.; to amend NR 10.01 (2) (f) 2., (3) (ev) and 10.105 (2) (c),; to repeal and recreate NR 10.13 (3); and to create NR 10.001 (23em), 10.105 (2) (c) and (note) relating to the 2025 wildlife management spring hearing rule. |
WM-17-24
Analysis Prepared by the Department of Natural Resources
1. Statute Interpreted: 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.
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. Statutory Authority: Statutes that authorize the promulgation of this rule order include ss. 23.09 (2) and 29.014, Stats. 3. Explanation of Agency Authority: Sections 20.09 (2), 29.014, and 227.11, Stats., grant rule-making authority to the department to establish seasons and bag limits for hunting that ensure continued hunting and trapping opportunities for citizens of the state. All rules promulgated under this authority are subject to review under ch. 227, Stats. 4. Related Statutes or Rules: There are no active rules related to this rulemaking.
5. Plain Language Analysis:
This rule removes the requirement that all parts of a deer, bear or elk be removed from the field. Instead, only the part of the deer that appears suitable for human consumption would need to be removed.
This rule also offers trappers the ability to use technology to meet trap checking requirements. This rule also changes the terminology used from “trap tending” to “trap checking.” The term “trap checking” better reflects the fact that technology can be used to check a trap.
The rule also allows hunters who qualify for certain disabled hunting permits to hunt deer with a firearm statewide during the two-day youth October deer hunt.
Finally, the rule creates a uniform fall turkey season in the state, with the season beginning on the Saturday nearest September 15 and continuing through the Sunday nearest January 6th.
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: No preliminary public hearing was required for the statement of scope for this rule.
8. 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.
9. Summary of Factual Data and Analytical Methodologies Used and How Any Related Findings Support the Regulatory Approach Chosen:
The fall turkey season opens statewide each year on the Saturday nearest September 15th. In turkey zones 1-5, the season closes on the Sunday nearest January 6th. In zones 6 and 7, the department has closed the season on the Friday before the Thanksgiving holiday. This early closure was done out of concerns that harsh winters in the northern part of the state could potentially impact turkey populations. However, the turkey populations in zones 6 and 7 have grown to the point that the department believes the season can be extended to provide additional fall hunting opportunities without negatively impacting the population.
Wisconsin’s current deer, bear and elk quartering rule requires all parts of the animal (minus the entrails) to be removed from the field after harvest. This requirement puts unnecessary strain on hunters—especially those who are part of the youth or aging hunter demographic—and may act as a deterrence to public land hunters who often have limited access to groomed trails or motor vehicle assistance and therefore must manually remove the deer from point of harvest to wherever their vehicle is located. Many western states have successfully adopted regulations allowing hunters to quarter or completely debone harvested game and leave “non-edible” carcass material at the site of harvest. Adopting similar language would encourage Wisconsin hunters to hunt farther from roadways/parking lots potentially reducing hunting pressure. Adopting this language could also potentially reduce disease spread and the number of deer carcasses that end up in public parking lots, access trails and along roadside ditches.
The disabled deer hunt begins on the first Saturday in October and runs for nine consecutive days. In order to hunt, disabled hunters must participate in a sponsored event on an enrolled property. This means disabled hunters generally cannot hunt on their own property or other lands they have access to. Sponsored properties have minimum acreage requirements and must be open to other disabled hunters during this special hunt.
The youth firearm deer season overlaps with the disabled deer hunt. It begins on the Saturday closest to October 8 and runs for two consecutive days. In contrast to the disabled deer hunt, youth hunters may harvest deer statewide.
Many disabled hunters have expressed the desire to hunt on their own property during the disabled deer hunt. This proposal would allow disabled hunting to occur statewide while the youth gun deer season is open. The requirement to participate in a sponsored event would still apply during the portion of the disabled deer hunt that does not overlap with the youth firearm season.
Trappers are required to tend traps at various intervals, depending on where the trap is placed. The department has historically required in-person trap tending. Some states have begun allowing trappers to use technology such as cellular trail cameras to fulfill trap tending requirements. These states have developed new regulations to ensure that the technology is used responsibly.
Adopting the use of technology-assisted trap tending has potential benefits to animal welfare. This includes being able to respond to a trapped animal sooner than if a trapper were doing an in-person trap check based on the type of trap set. It could also potentially allow for more trapper participation, including individuals who are older, have injuries or are disabled, which may cause them to be hesitant to participate in trapping.
Trappers utilizing this technology would be required to ensure that the trap-tending technology is active and functioning. They would also be required to reduce the animal to their possession or release the animal within a specific timeframe from when they were notified of a triggered trap. Trappers would also be required to maintain records of the appropriate tending intervals of the trap type being used.
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 with these rules.
