Comparison with Federal Regulations
Federal regulations allow states to manage the wildlife resources located within their boundaries provided they do not conflict with regulations established in the Federal Register. None of these rule changes violate or conflict with the provisions established in the Federal Code of Regulations.
Entities Affected by the Rule
Hunters, trappers and wildlife rehabilitators are the principal groups that will be affected by this rulemaking.
Estimate of Time Needed to Develop the Rule
306 hours.
Contact Person
Natural Resources
Fish, Game, etc., Chs.
NR 1—
(DNR # WM-01-11)
Subject
Revising Chapters
NR 10 and
45. (2011 Spring hearing).
Objective of the Rule
The Bureau of Wildlife Management recommends promulgating administrative rules modifying Chapters
NR 10 and
45 related to game and hunting and DNR managed lands.
Policy Analysis
These rule changes are proposed for inclusion on the 2011 Spring Hearing rules package and questionnaire. This rule package will create and amend hunting and trapping regulations, captive wildlife rules and the management of department lands.
Specifically, these rules would; prohibit preseason marking of trap locations, extend each spring turkey hunting period from 5 to 7 days, repeal the sunset of the extended fall turkey season in Zones 1 - 5, extend the archery deer hunting season to include the 9 days of the traditional November firearm season, modify elk seasons dates for a September instead of December hunt, allow all day pheasant hunting on weekends at stocked 2:00 p.m. closure properties, establish that submission of bear carcass samples for research may be required, eliminate blaze orange requirements during an elk hunting season, allow rifles for deer hunting in Waupaca County, establish or modify deer hunting seasons at individual state parks, establish that landowners may kill a cougar that is in the act of killing a domestic animal, and prohibit target shooting on DNR lands in Manitowoc, Pierce and St. Croix counties.
Statutory Authority
Comparison with Federal Regulations
Federal regulations allow states to manage the wildlife resources located within their boundaries provided they do not conflict with regulations established in the Federal Register. None of these rule changes violate or conflict with the provisions established in the Federal Code of Regulations.
Entities Affected by the Rule
Hunters, trappers, recreational users of DNR lands and certain deer farmers are the principal groups that will be affected by this rulemaking.
Estimate of Time Needed to Develop the Rule
306 hours.
Contact Person
Natural Resources
Fish, Game, etc., Chs.
NR 1—
(DNR # FH-03-11)
Subject
Revises Chapters
NR 20 and
23, relating to proposed fishing regulation changes for 2011 Spring Fish and Wildlife Rules Hearings.
Objective of the Rule
The proposed rule would make modifications to portions of Chapters
NR 20 and
23, pertaining to recreational fishing regulations on inland waters and Wisconsin-Michigan boundary waters.
Policy Analysis
The department is beginning the process of recommending changes to Wisconsin administrative code related to recreational fishing regulations. These changes are proposed to better protect and enhance the State's fish resources. The department anticipates requesting hearings to these changes in January 2011, and holding hearings, if approved, in April 2011 as part of the department's annual spring fish & wildlife rules hearings.
Statutory Authority
Comparison with Federal Regulations
Authority to promulgate fishing regulations is granted to States. No federal regulations apply to the proposed changes in regulation recreational fishing activity.
Entities Affected by the Rule
The proposed rule changes will affect recreational anglers.
Estimate of Time Needed to Develop the Rule
The department anticipates spending approximately 320 hours in the rule development process.
Contact Person
Joseph M. Hennessy
Wisconsin Department of Natural Resources
Bureau of Fisheries Management (FM/4)
101 S. Webster St., P.O. Box 7921
Madison, WI 53701-7921
Phone: 608-267-9427
Fax: 608-266-2244
Natural Resources
Fish, Game, etc., Chs.
NR 1—
(DNR # FH-50-10)
Subject
Revising Chapter
NR 25, relating to commercial trap netting in Lake Michigan.
Objective of the Rule
This rulemaking pertains to commercial trap netting in Wisconsin waters of Lake Michigan. It attempts to address safety concerns regarding trap nets.
Policy Analysis
Department policy reflects Legislative intent in attempting to accommodate both sport and commercial fishing in Lake Michigan. Trap nets are fixed structures on the lake bottom that can pose a risk to sport trollers whose lures and downriggers can become entangled in the trap net ropes. This raises the question of when and where trap nets should be allowed.
Statutory Authority
Comparison with Federal Regulations
Rules will be drafted in response to petitions received by the Department calling for restrictions on trap netting in the southern part of Wisconsin's Lake Michigan waters. Two alternative rules were proposed by petitioners: one would ban trap nets during June through August in all of commercial fishing Zone 3; the other would ban trap nets during June through August from between lines of latitude drawn five miles north of and five miles south of each of three ports – Manitowoc, Two Rivers, and Sheboygan. The rules will include alternate or additional approaches recommended by the Department to address trap net use.
Entities Affected by the Rule
The rules will directly affect only the commercial fishers who use the trap nets. They will indirectly affect sport trollers who fish in the waters where trap nets may or may not be allowed.
Estimate of Time Needed to Develop the Rule
One week.
Contact Person
William Horns
Wisconsin Department of Natural Resources
101 South Webster St.
Madison, WI 53707-7921
608-266-8782
Natural Resources
Fish, Game, etc., Chs.
NR 1—
Environmental Protection, Chs.
NR 400—
Environmental Protection, Chs.
NR 500—
(DNR # AM-05-11)
Subject
Revises Chapters
NR 30,
429,
502 and
506, relating to open burning requirements.
Objective of the Rule
The objective of the proposed rule revisions is to make the Department's forestry (
ss. NR 30.03 and 30.04), air (
s. NR 429.04) and solid waste (s
s. NR 502.11 and 506.04) open burning rules consistent with each other, and to provide clarity for the definitions, exemptions and procedures listed in s.
NR 429.04.
Some of the open burning rules are inconsistent with each other or outdated, which often causes confusion for interested stakeholders. For example, s.
NR 429.04 (1) (e), states that burning small amounts of dry combustible rubbish (not to include wet combustible rubbish, garbage, oily substances, asphalt, plastic or rubber products), except where prohibited by local ordinance, is exempt from the prohibition of open burning. The words “small" and “rubbish" are not defined, thus the Department is frequently challenged on the interpretation of this exemption. Differences between the open burning rules often create confusion. For example, the open burning exemptions listed in s.
NR 502.11 (2) (b), conflict with those listed in s.
NR 429.04 (1) (i) and
(h).
The Department has identified at least 26 inconsistencies or needed rule clarifications within the current forestry, air and solid waste open burning rules. The Department proposes to revise the air open burning rule and provide references in the solid waste and forestry rules to the air rule where appropriate. This should help eliminate confusion and the inconsistent interpretation of the current open burning rules.
