Alert! This chapter may be affected by an emergency rule:
NR 10.102(1)(e)2. 2. The department may require that a portion of the Class A bear licenses available within a bear management zone be specific to a temporary bear harvest subzone to assure maintenance of bear populations at a density level equivalent to that of the bear management zone.
NR 10.102(1)(e)3. 3. Class A bear licenses for the temporary subzones shall be used only within the subzone.
NR 10.102(1)(e)4. 4. Temporary subzone boundaries shall follow game management unit boundaries as identified in s. NR 10.285.
NR 10.102(1)(e)5. 5. Temporary subzones may be established to increase bear harvest when either of the following 2 conditions exist within the area considered for a subzone:
NR 10.102(1)(e)5.a. a. The bear population density within the subzone for the previous 3 year period exceeds by 20% the zone population density goal as indicated by indexes or models, or both.
NR 10.102(1)(e)5.b. b. Bear nuisance or agricultural damage complaints per square mile within the subzone exceed the zone average by 20% or more for the previous 3 year period.
NR 10.102(1)(e)6. 6. Temporary subzones may be established to decrease harvest when either one of the following conditions exist:
NR 10.102(1)(e)6.a. a. The mortality rate of adult bears within the subzone exceeds 22% for the previous 3 year period.
NR 10.102(1)(e)6.b. b. The bear population density within the subzone for the previous 3 year period is below the zone population density goal by 20% or more as indicated by indexes or models, or both.
NR 10.102(1)(e)7. 7. Each temporary bear harvest subzone may be established for a period not to exceed 2 years.
NR 10.102(1)(f) (f) Permanent bear harvest subzones. Class A bear licenses for subzones shall be used only in the subzone.
NR 10.102(2) (2) Application procedure.
NR 10.102(2)(a)(a) Application submittal. Application for Class A bear licenses shall be on forms provided by the department. Applications shall be postmarked no later than the deadline date indicated on the form or received by a department service center location on the deadline date to be considered for selection. The annual deadline may not be sooner than December 1 each year.
NR 10.102 Note Note: The department conducts extensive publicity on the application deadlines beginning several months prior to the deadline. Application deadline dates are published in news releases, license outlet handouts, and pertinent regulation pamphlets. Department service center hours may vary by location.
NR 10.102(2)(b) (b) Group applications. Group applications for a maximum of 4 hunters may be submitted for Class A bear hunting licenses provided each applicant completes the application form. The group's preference standing shall be that of the member with the lowest number of preference points. If the group is selected, the group shall accept or reject Class A bear licenses for all members of their group.
NR 10.102(3) (3) License issuance. The department shall select successful applicants and issue Class A bear license approval notices no later than February 15 of each year. The department may reissue a Class A bear license if the license is returned or if the applicant fails to or cannot comply with s. 29.184, Stats. Selection shall be by random drawing.
NR 10.102(4) (4) Fees. A successful applicant shall submit the appropriate license fee established by s. 29.563 (2) (a) 6. or (b) 4., Stats., to the department before receiving a Class A bear license.
NR 10.102(4m) (4m) Effective date.
NR 10.102(4m)(a)(a) Licenses issued prior to the season. Any Class A bear license issued prior to the opening date of the bear season established in s. NR 10.01 (3) (g) 2., shall be effective beginning on the opening date of the season specified in s. NR 10.01 (3) (g) 2.
NR 10.102(4m)(b) (b) Licenses issued during the season. Except as provided in par. (c), a Class A bear license issued during the open season for hunting bear established in s. NR 10.01 (3) (g) 2., does not authorize hunting until the third day after the day the license is purchased.
NR 10.102(4m)(c) (c) Exception. A Class A bear hunting license issued during the open season for hunting bear as established in s. NR 10.01 (3) (g) 2., authorizes bear hunting beginning the date of issuance if issued to a person to whom any of the following applies:
NR 10.102(4m)(c)1. 1. The person is a member of the U.S. armed forces who exhibits proof that he or she is in active service with the armed forces and that he or she is stationed in this state or is a resident on furlough or leave.
NR 10.102(4m)(c)2. 2. The person turns 10 years of age during the open season for hunting bear.
NR 10.102(6) (6) Educational permit issuance. Upon receipt of proper application, the department shall issue an educational permit for bear observation. The applicant shall include the location to the quarter section, times and dates of the activity, name of person and bear eco-tourism business or educational institution they are representing. The educational permit authorizes the permittee to observe or shine bear for educational purposes only pursuant to s. 29.314 (3) (b) 3. and (5) (b) 1., Stats.
NR 10.102(6)(a) (a) No person may be engaged in shining bear for educational purposes without being in possession of an educational permit.
NR 10.102(6)(b) (b) Only the named person on the permit may possess a firearm when participating in the actions authorized by the permit.
NR 10.102(6)(c) (c) The permit is restricted to use in a ground blind or elevated stand.
NR 10.102(6)(d) (d) The permit is not valid during the seasons established in s. NR 10.01 (3) (e) and (g) and the 7 consecutive days prior to those seasons.
NR 10.102 History History: Cr. Register, June, 1986, No. 366, eff. 7-1-86; am. (1) (a) to (d), Register, July, 1987, No. 379, eff. 8-1-87; am. (1), Register, June, 1988, No. 390, eff. 7-1-88; r. and recr. (1) (a), renum. (1) (b) to (e) and (2) to be (2) to (6), Register, October, 1988, No. 394, eff. 1-1-89; am. (1) (b), Register, September, 1991, No. 429, eff. 10-1-91; am. (1) (d), Register, February, 1993, No. 446, eff. 3-1-93; cr. (1) (e), Register, December, 1993, No. 456, eff. 1-1-94; am. (1) (d), cr. (1) (f), Register, August, 1996, No. 488, eff. 9-1-96; am. (1) (a) to (c), (e) 2., 3., (f), (3) and (4), renum. (2) to be (2) (a), cr. (2) (b), r. and recr. (5) and (6), Register, July, 1998, No. 511, eff. 8-1-98; CR 02-017: am. (1) (d) Register September 2002 No. 561, eff. 1-5-03; CR 02-018: am. (2) (b) and (4) Register September 2002 No. 561, eff. 10-1-02; CR 04-011: am (4) Register September 2004 No 585, eff. 11-1-04; CR 05-017: am. (2) (a) Register October 2005 No. 598, eff. 2-1-06; CR 06-012: am. (4), cr. (4m) Register December 2006 No. 612, eff. 2-1-07; CR 07-015: am. (1) (d) Register September 2007 No. 621, eff. 11-1-07; CR 09-024: am. (4m) (c) 2. Register May 2010 No. 653, eff. 6-1-10; CR 13-071: am. (1) (e) 4. Register July 2015 No. 715, eff. 8-1-15; correction in (4) made under s. 13.92 (4) (b) 7., Stats., Register November 2015 No. 719; CR 16-037: r. (5) Register April 2017 No. 736, eff. 5-1-17.
NR 10.103 NR 10.103Deer hunting.
NR 10.103(1)(1)Tags. A carcass tag shall be issued with each hunting license except when an archer license is issued to a person who has already been issued a crossbow license or when a crossbow license issued to a person who has already been issued an archer license.
NR 10.103(2) (2) Possession. No person may possess a deer carcass in violation of the requirements for registration established under s. NR 10.085.
NR 10.103 History History: Cr. Register, Register, September, 1983, No. 333, eff. 10-1-83; r. and recr. Register, September, 1985, No. 357, eff. 10-1-85; renum. from NR 10.102, Register, June, 1986, No. 366, eff. 7-1-86; am. (1), Register, October, 1991, No. 430, eff. 11-1-91; am. (2), Register, May, 1993, No. 449, eff. 6-1-93; am. (2), Register, August, 1994, No. 464, eff. 9-1-94; emerg. am. (2), eff. 8-12-96; am. (1) and (2), Register, October, 1997, No. 502, eff. 11-1-97; CR 01-006: am. (1), Register August 2001 No. 548, eff. 9-1-01; EmR1420: emerg. am. (1), eff. 9-12-14; CR 13-071: am. (1) Register July 2015 No. 715, eff. 8-1-15; EmR1613: emerg. am. (1), r. and recr. (2), eff. 3-12-16; CR 17-061: am. (1), r. and recr. (2) Register February 2018 No. 746, eff. 3-1-18.
NR 10.104 NR 10.104Deer population management.
NR 10.104(1)(1)Deer management system. The department shall manage the state deer population by all of the following:
NR 10.104(1)(a) (a) Establishing deer management unit boundaries within the state.
NR 10.104(1)(b) (b) Establishing deer population objectives for each deer management unit.
NR 10.104(1)(c) (c) Monitoring the performance of the deer populations within each deer management unit.
NR 10.104(1)(d) (d) Establishing deer hunting seasons and quotas with the appropriate antlerless deer permit levels to move the deer population in the direction of the established deer population objective for each deer management unit.
NR 10.104(2) (2) Deer management units; where established. The deer management unit boundaries are the boundaries established in s. NR 10.28 (1) except for areas that are subdivided as:
NR 10.104(2)(a) (a) Metropolitan deer management subunits.
NR 10.104(2)(b) (b) Islands of the Apostle Islands National Lakeshore.
NR 10.104(2)(c) (c) Madeline Island in Ashland County.
NR 10.104(2)(d) (d) Being within the exterior boundaries of the Bad River, Lac Courte Oreilles, Lac du Flambeau, Menominee, and Red Cliff reservations.
NR 10.104(3) (3) Three year reviews. The department shall review, and seek public comment, regarding the need to modify the boundaries and population objectives for all deer management units every 3 years. For deer management units in the ceded territory as defined by s. NR 13.02 (1), the department shall also provide the Wisconsin Chippewa bands those opportunities for tribal input described in and required by the parties' stipulations in the case of Lac Courte Oreilles Band of Lake Superior Indians, et al., v. State of Wisconsin, et al., Case No. 74-C-313-C in the United States District Court for the Western District of Wisconsin.
NR 10.104(4) (4) Deer population objectives. A deer population objective shall be established for each management unit except for tribal reservation units identified in s. NR 10.28 (1). The department may establish a separate deer population objective and issue unique antlerless permits for areas which are subdivided into metropolitan deer management subunits and lands within the tribal reservation units identified in s. NR 10.28 (1) which are not owned by Indian tribal members or held in trust for the Indian tribe or for members of an Indian tribe. Deer population objectives will be expressed as a goal statement to do one of the following:
NR 10.104(4)(a) (a) Increase the deer population.
NR 10.104(4)(b) (b) Maintain the current deer population.
NR 10.104(4)(c) (c) Decrease the deer population.
NR 10.104(5) (5) Deer population monitoring.
NR 10.104(5)(a)(a) Metrics. The department shall monitor progress towards each management unit's objective of increasing, maintaining, or decreasing the deer population. The department shall consider all of the following:
NR 10.104(5)(a)1. 1. Deer health.
NR 10.104(5)(a)2. 2. Deer impacts on natural resources.
NR 10.104(5)(a)3. 3. Deer impacts on society.
NR 10.104(5)(a)4. 4. Deer hunter success.
NR 10.104(5)(a)5. 5. Car killed deer information.
NR 10.104(5)(a)6. 6. Deer population trends and public perception of population trends.
NR 10.104(5)(a)6.a. a. In 2014 and continuing until the department determines that evaluation of the metrics are providing information that is comparable, the department shall utilize the sex-age-kill method for calculating deer densities. The sex-age-kill method uses the following quantitative data for each deer management unit: proportion of yearling bucks in the harvest, proportion of yearling does in the harvest, proportion of males and females at birth, the number of fawns seen per doe during the summer, the proportion of total buck mortality due to hunting harvest, and the harvest by sex as registered during the hunting seasons.
NR 10.104(5)(a)6.b. b. The department may make a determination that alternative methods of population evaluation are comparable, which shall become effective in lieu of or in addition to the sex-age-kill method after approval by the Natural Resources Board, and upon issuance of an order and publication in the official state newspaper.
NR 10.104 Note Note: A determination under this paragraph does not prevent continued utilization of the sex-age-kill method as the department determines is valuable or necessary.
NR 10.104(5)(b) (b) County deer management advisory councils. The department shall establish county deer management advisory councils for the purpose of seeking comment from members of the public on the status of the deer herd at the county level. The council shall be chaired by the chairperson for the county delegation of the Conservation Congress established under s. 15.348, Stats., or a designee who shall be approved by the department. At least 3 members shall be individuals who held an annual license authorizing deer hunting in this state or another state in at least 7 of the 10 years previous to the year in which the individual is nominated, except if the individual served on active duty in the U.S. armed forces or national guard during the 10 years previous to the year in which the individual is nominated. If the individual served on active duty in the U.S. armed forces or National Guard, the number of years in which he or she is required to have held a deer hunting license equals 7 minus the number of years of active duty served during those 10 years. The advisory council may also be comprised of a representative of any of the following entities:
NR 10.104(5)(b)1. 1. For deer management units in the ceded territory as defined by s. NR 13.02 (1), the department shall provide the Wisconsin Chippewa bands those opportunities for tribal input into the department's deer management decisions described in and required by the parties' stipulations in the case of Lac Courte Oreilles Band of Lake Superior Indians, et al., v. State of Wisconsin, et al., Case No. 74-C-313-C in the United States District Court for the Western District of Wisconsin.
NR 10.104(5)(b)2. 2. Agriculture.
NR 10.104(5)(b)3. 3. Forestry.
NR 10.104(5)(b)4. 4. Tourism.
NR 10.104(5)(b)5. 5. Transportation.
NR 10.104(5)(b)6. 6. Local government.
NR 10.104(5)(b)7. 7. A local organization representing hunting interests.
NR 10.104(5)(b)8. 8. A person who is enrolled as a participant in the Deer Management Assistance Program as established under subch. II.
NR 10.104(5)(c) (c) Deer management functions. County deer management advisory councils will:
NR 10.104(5)(c)1. 1. Gather public input on deer population objectives, antlerless deer harvest quotas, and hunting season framework options.
NR 10.104(5)(c)2. 2. Review and consider metrics on deer herd trends, impacts, and human interactions.
NR 10.104(5)(c)3. 3. Make recommendations to the department for deer population objectives every three years and will annually recommend antlerless deer permit quotas and hunting season framework options necessary to maintain the deer herd in balance with its range, population objective and sustainable harvest objectives. The recommendations of county deer management councils shall be presented to the board by the chair of the Conservation Congress.
NR 10.104(5)(d) (d) Operation of county deer management advisory councils.
NR 10.104(5)(d)1.1. The department shall establish guidance for the operation of county deer management advisory councils. Guidance may include, but is not limited to, any conditions which are necessary for the operation of meetings, selecting members, and establishing terms of service for members.
NR 10.104(5)(d)2. 2. Whenever application is made to the department by a person interested in becoming a member of a council, the bureau of law enforcement may conduct a criminal history, character, and background check on the applicant. Upon becoming aware of information indicating prior illegal activity, the department shall make appropriate inquiry into criminal history and character of applicants for council membership and determine their suitability for the proposed activity.
NR 10.104(5)(e) (e) Effective term of season framework modifications recommended by deer management advisory councils. Modifications to the deer hunting season framework in a unit shall be effective for one year of annual deer hunting seasons.
NR 10.104(6) (6) Antlerless deer tags. The department may issue deer carcass tags that are valid for the harvest of antlerless deer that are in addition to those established in sub. (7). If the department issues antlerless deer carcass tags, the department shall issue antlerless deer hunting permits and tags in sufficient numbers to achieve the population objective established in sub. (4), after evaluating the results of population monitoring required under sub. (5).
NR 10.104(7) (7) Deer carcass tags.
NR 10.104(7)(a)(a) Archer license deer carcass tags.
NR 10.104(7)(a)1.1. Except as established in s. NR 10.01 (3) (ex), each license that authorizes the hunting of deer with a bow and arrow, and not with a firearm or crossbow, shall include one deer carcass tag that is valid for taking one buck deer in any unit or subunit statewide with a bow and arrow. When purchasing an archer hunting license, a person who has already been issued a license authorizing deer hunting with a crossbow during a crossbow-only season established under s. 29.014 (1m) (b), Stats., or s. NR 10.01 (3) (ep) will not receive the carcass tag established in this subdivision. A person may use a carcass tag issued with a license authorizing hunting with a crossbow during a crossbow-only season established under s. NR 10.01 (3) (ep) under the authority of an archer license during the archery deer season established under s. NR 10.01 (3) (em).
NR 10.104(7)(a)2. 2. Licenses that authorize the hunting of deer with a bow and arrow, and not with a firearm or crossbow, may include one or more carcass tags that are valid for the taking of one antlerless deer in a management zone, unit, or portion of a unit specified on the tag that is in a farmland zone or a metropolitan deer management subunit established in ss. NR 10.28 (2) and (4) except that, where the department has established an objective to increase or maintain the deer population under s. NR 10.104 (4), the department may establish that the antlerless tags under this subdivision are not valid. This antlerless deer carcass tag is not weapon or season specific, but the holder must possess the correct license for the method of harvest and season. This tag is valid statewide for a person holding a Class A or Class C disabled permit issued under s. 29.193 (2) (b), Stats., or a person who obtains the tag while under 18 years of age except that, in units where the department has not established a quota allowing the harvest of antlerless deer, the department may establish that tags obtained under this subdivision by people who are under 18 years of age are not valid. These carcass tags are valid as indicated on the permit only for harvesting antlerless deer on public access lands or only for harvesting antlerless deer on private land as defined in s. NR 10.001 (23a) and (23b). A person who has already been issued a license authorizing deer hunting with a crossbow during a season established under s. 29.014 (1m) (b), Stats., or s. NR 10.01 (3) (ep) will not receive the carcass tag established in this subdivision. A person may use any carcass tags issued with a license authorizing hunting with a crossbow during a crossbow deer season established under s. NR 10.01 (3) (ep) under the authority of an archer hunting license during the archery deer season established in s. NR 10.01 (3) (em).
NR 10.104(7)(a)3. 3. Modifications by the department under subd. 2. shall become effective upon issuance of an order of the secretary and publication in the official state newspaper.
NR 10.104(7)(b) (b) Firearm deer license carcass tags.
NR 10.104(7)(b)1.1. Except as established in s. NR 10.01 (3) (ex), each license that authorizes the hunting of deer with a firearm shall include one carcass tag that is valid for taking one buck deer in any unit statewide with a firearm, bow and arrow, or crossbow during a season open to hunting bucks with a firearm.
NR 10.104(7)(b)2. 2. Licenses that authorize the hunting of deer with a firearm may include one or more carcass tags that are valid for taking one antlerless deer in a management zone, unit, or portion of a unit specified on the tag that is in a farmland zone or in a metropolitan deer management subunit established in s. NR 10.28 (2) and (4) except that, where the department has established an objective to increase or maintain the deer population under s. NR 10.104 (4), the department may establish that the antlerless tag under this subdivision is not valid. This antlerless deer carcass tag is not weapon or season specific, but the holder must possess the correct license for the method of harvest and season. This carcass tag is valid for the taking of one antlerless deer in any unit statewide by a person holding a Class A or Class C disabled permit issued under s. 29.193 (2) (b), Stats., or a person who obtains the tag while under 18 years of age except that, in units where the department has not established a quota allowing the harvest of antlerless deer, the department may establish that tags obtained under this subdivision by people who are under 18 years of age are not valid. These carcass tags are valid as indicated on the tag only for harvesting antlerless deer on public access lands or only for harvesting antlerless deer on private land as defined in s. NR 10.001 (23a) and (23b).
NR 10.104(7)(b)3. 3. Modifications by the department under subd. 2. shall become effective upon issuance of an order and publication in the official state newspaper.
NR 10.104(7)(c) (c) Crossbow license deer carcass tags.
NR 10.104(7)(c)1. 1. Except as established in s. NR 10.01 (3) (ex), each license that authorizes the hunting of deer with a crossbow, and not with a firearm or bow and arrow, shall include one deer carcass tag that is valid for taking one buck deer in any unit or subunit statewide with a crossbow. When purchasing a crossbow hunting license, a person who has already been issued a license authorizing deer hunting with a bow and arrow during an archery-only deer season established under s. NR 10.01 (3) (em) will not receive the carcass tag established in this subdivision. A person may use a carcass tag issued with a license authorizing hunting with a bow and arrow during an archery-only deer season established under s. NR 10.01 (3) (em) under the authority of a crossbow license during a deer season established under s. NR 10.01 (3) (ep).
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.