The Natural Resources Board also established a subcommittee to evaluate the new law and gather public opinion about the law. The sub-committee held three listening sessions in April 2008 and invited public comment by personal testimony, email, and written comment. Over 130 people testified in person and the subcommittee received almost 500 communications in total. Information gathered at these listening sessions can be found at
http://dnr.wi.gov/stewardship/rule.html.
The Natural Resources Board Stewardship Program Subcommittee reported the results of these listening sessions to the full Board on June 19, 2008. The Subcommittee's full report can be found at
http://dnr.wi.gov/stewardship/ rule.html.
In July 2008, the DNR appointed a 29-member citizen advisory committee to provide input on developing these administrative rules. The citizen advisory committee included members from a diverse group of recreational users. A complete listing of the members of the citizen advisory committee can be found at
http://dnr.wi.gov/org/caer/ ce/news/PDF/stewmembers.pdf.
The citizen advisory committee met 6 times between July 2008 and January 2009. A professional facilitator managed the meeting and lead the group through a variety of exercises intended to identify important issues. The DNR prepared 4 concept papers on the following topics: A Process for Review of Determinations Made Under s.
23.0916, Stats., Public Safety, Unique Plant and Animal Communities, and Usership Patterns. The papers were presented to the committee by DNR staff and the committee discussed the various concepts included in the papers and recommended changes. The final draft of these concept papers can be found at
http://dnr.wi.gov/stewardship/CAC/.
All of the above-mentioned information has been reviewed by the DNR to assist with the drafting of these administrative rules.
Analysis and supporting documents used to determine effect on small business
These rules and the legislation, which grants the DNR rule making authority, do not have a significant fiscal effect on the private sector or small businesses.
Small Business Impact
No specific direct effect on small business is anticipated. This rule provides further guidance for the implementation of existing programs. It is anticipated that no new funding or business activity will be created.
Pursuant to s.
227.114, Stats., it is not anticipated that the proposed rules will have a significant economic impact on small businesses.
The DNR's Small Business Regulatory Coordinator may be contacted at DNRSmallBusinessCoordinator@ Wisconsin.gov or by calling (608) 266-1959.
Environmental Impact
The DNR 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 DNR may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the DNR's consideration of the impacts of the proposal and reasonable alternatives.
Fiscal Estimate
Summary
2007 Act 20 included reauthorization of the Knowles Nelson Stewardship Program which is the primary funding source for acquiring land for conservation and public outdoor recreation. Act 20 included a provision that certain lands acquired with funds from the Stewardship Program under ss.
23.0915 and
23.0917, Stats., be open to five nature based outdoor activities (NBOA's): hunting, trapping, hiking, fishing, and cross country skiing. The Act also provides for exceptions to the statute if it is necessary to prohibit one or more of the activities to protect public safety, protect unique plant and animal communities or to accommodate usership patterns.
This rule implements s.
23.0916, Stats., by creating standards and criteria that will be used by the Department to determine whether it is necessary to prohibit one or more nature based outdoor activity. The Department does not anticipate any fiscal impact to state or local government as it implements Ch.
NR 52.
State fiscal effect
None.
Local government fiscal effect
None.
Agency Contact Person
Douglas Haag
Realty Operations Chief
(608) 266-2136
Notice of Hearings
Natural Resources
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
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
|
Statewide 5-day, either-sex season beginning the 2nd Saturday in October. Saturday through Wednesday.
|
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
|
Central Forest & Farmland zones. Herd control units only, 10-day antlerless-only season beginning December 26th. CWD zone would use same dates
|
Bonus buck incentive
|
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.
|
Public/private land tags
|
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.
|
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
