Fish, Game, etc., Chs.
NR 1—
NOTICE IS HEREBY GIVEN that pursuant to ss.
29.014,
29.063,
29.177 and
227.11, Stats., the Department of Natural Resources will hold public hearings on revisions to Chapter
NR 10, Wis. Adm. Code, relating to the seasons for hunting deer.
Hearing Information
The public hearings will begin at 6:30 p.m. with an informational presentation and overview of the proposed rule. Public comments and statements will be accepted beginning at 7:00 p.m.:
October 14, 2009 Crivitz Village Hall
800 Henriette Ave, PO 727
Crivitz
October 15, 2009 Onalaska High School Field House
700 Hilltopper Place
Onalaska, WI 54650
October 21, 2009 Lussier Family Heritage Center —
Main Level, 3101 Lake Farm Road
Madison
October 21, 2009 James Williams Middle School
915 Acacia Lane
Rhinelander
October 21, 2009 Ashland AmericInn Conf. Center,
3009 Lakeshore Drive E.
Ashland
October 26, 2009 Fox Valley Technical College,
Appleton Campus, Room C190
1825 North Bluemound Drive
Appleton
October 26, 2009 Chippewa Valley Technical College
Auditorium, Room M103
620 W. Clairemont Ave.
Eau Claire
October 28, 2009 Waukesha County Technical College
Room C051/C057
800 Main Street
Pewaukee
October 28, 2009 Spooner High School Auditorium
801 County A
Spooner
November 3, 2009 Portage County Courthouse Annex
Conf. Room 1, 1462 Strongs Ave.
Stevens Point
NOTICE IS HEREBY FURTHER GIVEN That an additional public meeting/hearing will begin at 6:30 p.m. with an informational presentation and overview of the proposed rule. Public comments and statements will be accepted beginning at 7:00 p.m. at the following location and time:
October 27, 2009 Sturtevant Natural Resources
Office Building
9531 Rayne Road, Suite 4
Sturtevant
Pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Scott Loomans at (608) 267-2452 with specific information on your request at least 10 days before the date of the scheduled hearing.
Submission of Written Comments and Copies of Proposed Rule
The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet sites:
http://adminrules.wisconsin.gov or
http://dnr.wi.gov/. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Keith Warnke, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until November 3, 2009. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Mr. Warnke.
Analysis Prepared by Department of Natural Resources
Statutes interpreted
Statutory authority
Plain language analysis
These proposed rules establish the deer season framework for hunting with archery gear, firearms and muzzleloaders.
November firearm
season
|
Statewide 16-day season beginning two
Saturdays prior to the Thanksgiving holiday. CWD zone would use the same dates.
Season would be the normal bucks plus
variable quota system
|
Archery
seasons
|
Opens statewide on the Saturday closest to September 15 and continues through the Thursday immediately prior to November firearm season. Statewide season reopens on 1st day of the November gun season
and continuing through the 2nd Sunday in January.
In herd-control units, the archery season would continue through January 31. Bonus buck incentive for all hunters beginning December 26 through January 31 in herd control units. CWD zone would use the same dates.
|
Youth season
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Statewide 5-day, either-sex season beginning the 2nd Saturday in October. Saturday through Wednesday.
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Early
muzzleloader season
|
Statewide 5-day, antlerless-only by permit beginning the 2nd Saturday in October.
Saturday through Wednesday.
|
October herd control firearm seasons
|
Herd control units only. 5-day, antlerless-only season beginning the 2nd Saturday in October. CWD October season would use same dates. Saturday through Wednesday. When October herd control seasons are held on lands that are part of the Kettle Moraine State Forest, the five-day season will begin on the Thursday nearest October 27.
|
Late
muzzleloader season
|
Statewide 7-day season beginning the Monday immediately following the
November firearm season (Bucks plus quota). CWD zone would use the same dates.
|
December firearm
season
|
Central Forest & Farmland zones.
4-day, antlerless-only season beginning the Thursday immediately following the late muzzleloader season. Appropriate antlerless permit required. CWD zone would use the same dates.
|
Holiday herd control firearm season
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Central Forest & Farmland zones. Herd control units only, 10-day antlerless-only season beginning December 26th. CWD zone would use same dates
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Bonus buck incentive
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Hunters harvesting an antlerless deer in herd control units beginning on December 26 with this incentive are eligible for a bonus buck tag valid through the end of all deer seasons.
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Public/private land tags
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Herd control units only and only outside of the CWD Management Zone. Herd control tags will be specific to public or private lands. Public land tags will be issued based on the percentage of public land within herd control units.
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Related rule or statute
One administrative rule that is currently under promulgation,
CR 09-024, the annual wildlife management housekeeping rule, would amend language in section 2. of this board order. This board order reflects that proposed change.
Comparison with rules in adjacent states
All of Wisconsin's surrounding states use hunting seasons to provide hunting opportunities and to manage white-tailed deer herds. All of the surrounding states utilize a range of hunting seasons and allow the use of archery equipment, firearms and muzzleloading firearms at certain times. The seasons proposed in this rule order do not vary significantly from the hunting opportunities that are available in other states.
Illinois
The Illinois archery season in most of the state runs from October 1-January 17 except that it is closed during the firearm deer season. Illinois has two periods for firearm deer hunting. The first firearm season in 2009 is November 20, 21, 22 and the second season is December 3, 4, 5, 6. The Illinois muzzleloader only season will be December 11, 12, 13 in 2009.
Iowa
There are two archery hunting periods, the first is October 1-Dec. 4 and the second is December 21-January 10, 2010. Iowa also has two periods for firearm hunting, December 5-9 and December 12–20. Iowa's two muzzleloader only hunting periods are October 17–25 and December 21-January 10.
Michigan
Michigan has two archery hunting periods, the first beginning on October 1 and continuing through November 14 and the second running December 1–January 1. The Michigan firearm season begins on November 15 and continues through November 30. Michigan's muzzleloader- only seasons vary in three zones, all occurring in December and vary from 10 to 17 days in length.
Minnesota
Minnesota's archery season runs from September 19 to December 31. Minnesota's firearm season begins on November 7 and continues to November 15 or 22 depending on the zone. The muzzleloader-only season runs from November 28 to December 13.
Comparison with federal regulations
These state rules and statutes do not relieve individuals from the restrictions, requirements and conditions of federal statutes and regulations. Regulating the hunting and trapping of native species has been delegated to state fish and wildlife agencies.
Summary of factual data and analytical methodologies
Deer affect nearly every Wisconsin citizen's life in some way. Many of these effects are significant from a recreational, economic, and/or social perspective. There are over 650,000 gun deer hunters and 250,000 bow hunters in Wisconsin. Regulations which require the harvest of an antlerless deer before a buck, called earn-a-buck, have been implemented where necessary to reduce deer populations since 2004. In May of 2009 the department, general public, and members of a committee created by the Natural Resources Board were charged with working together to recommend a deer hunting season structure that could be an effective alternative to earn-a-buck regulations. Acceptable alternatives must be shown to be effective for deer population management and supported by hunters and landowners and able to be evaluated through established benchmarks. The committee's recommended season structures are the basis for construction of this rule proposal.
The committee arrived at its recommendations after evaluating the expected effectiveness of each season component using conservation warden and biologist/wildlife manager input on enforceability and effectiveness, while also taking into consideration the acceptable level of hunter and landowner support needed to ensure participation in herd control seasons. Effectiveness was defined as the ability of a season or incentive to maintain herd populations at or near goal. This includes requiring the ability to allow targeted herd control to reduce over population while also allowing the flexibility to protect from over harvest in units that are at or below goal.
The guidelines for deer management in Wisconsin are established by administrative rule and require consideration of the following criteria; 1) carrying capacity relative to habitat and winter severity, 2) hunter success and public deer viewing opportunities, 3) ecological and economic impacts of deer browsing, 4) disease transmission. 5) concern for deer-vehicle collisions 6) Chippewa treaty harvest, 7) hunter access, 8) ability to keep the herd in a unit at goal, 9) tolerable levels of crop damage.
Small Business Impact
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.
Pursuant to s.
227.114, Stats., it is not anticipated that the proposed rules will have a significant economic impact on small businesses.
Environmental Impact
The Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch.
NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
Fiscal Estimate
Summary
The proposed new season framework is a significant modification to the existing structure. The Department already administers hunting seasons for firearm, archery, and muzzleloader hunters, therefore, it is anticipated that the amount of effort and expense that the Department incurs while administering the deer seasons will be similar for the proposed new season framework.
State fiscal effect
None.
Local government fiscal effect
None.
Long-range fiscal implications
None.
Agency Contact Person
Keith Warnke
101 South Webster St. — PO Box 7921
Madison, WI 53707-7921
Phone: (608) 264-6023
Notice of Hearing
Natural Resources
Fish, Game, etc., Chs.
NR 1—
NOTICE IS HEREBY GIVEN that pursuant to ss.
29.014,
29.041,
29.197 and
227.11 (2) (a), Stats., the Department of Natural Resources will hold a public hearing on emergency rules to revise Chapter
NR 10, Wis. Adm. Code, relating to the 2009 migratory game bird seasons and waterfowl hunting zones. This emergency order took effect on September 1, 2009.
Hearing Information
Date and Time:
|
Location:
|
November 4, 2009
Wednesday
At 1:00 P.M.
|
Room 608, DNR Central Office
101 South Webster Street
Madison
|
Pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Kent Van Horn at (608) 266-8841 with specific information on your request at least 10 days before the date of the scheduled hearing.
Copies of Emergency Rule and Submission of Written Comments
The emergency rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Kent Van Horn, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707 or by email to
kent.vanhorn@ wisconsin.gov. Comments may be submitted until November 5, 2009. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Mr. Van Horn.
Analysis Prepared by Department of Natural Resources
Statutes interpreted
Statutory authority
Plain language analysis
This rule order establishes the season length and bag limits for the 2009 Wisconsin migratory game bird seasons and updates administrative code related to the waterfowl and other youth hunting seasons to be consistent with the provisions of 2009 ACT 39. For ducks, the state is divided into two zones each with 60-day seasons. The season begins at 9:00 a.m. September 26 and continues for 60 consecutive days in the north, closing on November 24. In the South the season begins at 9:00 a.m. on October 3 and continues through October 11, followed by a 5-day split, and then reopens on October 17 and continues through December 6. The daily bag limit is 6 ducks including no more than: 4 mallards, of which only 1 may be a hen, 1 black duck, 1 pintail, 1 canvasback, 3 wood ducks, 2 scaup and 2 redheads.
For Canada geese, the state is apportioned into 3 goose hunting zones: Horicon, Collins and Exterior. Other special goose management subzones within the Exterior Zone include Brown County, Burnett County, Rock Prairie and the Mississippi River. Season lengths are: Collins Zone — 66 days (three hunting periods, September 16–October 4, October 5–25, October 26–November 20); Horicon Zone — 92 days (2 hunting periods, first period beginning September 16 and the second on November 2); Exterior Zone in the northern duck zone — 85 days (Sept. 19–Dec. 12); Exterior Zone in the southern duck zone — 85 days (Sept. 19–Oct. 11 and Oct. 17–Dec. 17) and Mississippi River subzone — 85 days (Oct. 3–Oct. 11 and Oct. 17–Dec. 31). The Burnett County subzone is closed to Canada goose hunting. The statewide daily bag limit for Canada geese in all zones is 2 birds per day during the open seasons within the zones.
The youth waterfowl hunting season dates are established and the proposal revises the youth waterfowl, turkey, and youth deer hunting season's regulations to be consistent with the provisions of
2009 Wis. Act 39. The bill and this rule allow participation by people who are age 10 or 11. Hunters who are age 10 or 11 or who have not completed a hunter safety course of instruction must hunt with a mentor who is at least 18 years of age and be within arms reach of the mentor at all times. A mentor may supervise only one hunter who is age 10 or 11 or who has not completed a hunter safety course of instruction and the hunter and mentor together may possess only one firearm or bow. This rule order clarifies that the definition of the term “accompanied by", which currently applies to 12 and 13 year old hunters at all times, also applies to all youth hunt participants who are not hunting under the more restrictive hunting mentorship program requirements.
This rule establishes that a Class A bear permit may be issued to a person who reaches the age of 10 during the bear hunting season to be consistent with the provisions of 2009 ACT 39.
Finally, this rule updates road names in the migratory game bird hunting zone map following the completion of new highway construction. The location of the boundary is not changed.
Comparison with federal regulations
Under international treaty and Federal law, migratory game bird seasons are closed unless opened annually via the U.S. Fish and Wildlife Service (FWS) regulations process. As part of the Federal rule process, the FWS proposes a duck harvest-management objective that balances hunting opportunities with the desire to achieve waterfowl population goals identified in the North American Waterfowl Management Plan (NAWMP). Under this harvest- management objective, the relative importance of hunting opportunity increases as duck populations approach the goals in the NAWMP. Thus, hunting opportunity would be maximized when the population is at or above goals. Additionally, while FWS believes that the NAWMP's population goals would tend to exert a conservative influence on overall duck harvest-management. Other factors, such as habitat, are to be considered.
