Scope Statements
Natural Resources
Fish, Game, etc., Chs.
1—
(DNR # WM-06-14)
This statement of scope was approved by the governor on March 10, 2014.
Rule No.
Relating to
Establishing hunting seasons during which the use of crossbows is allowed.
Rule Type
Permanent
1. Finding/Nature of Emergency (Emergency Rule Only)
These will be permanent rules. The department is promulgating comparable emergency rules as directed by
2013 Act 61. The emergency and permanent rules will not necessarily be identical they will have different timelines so the department is initiating those rule making processes on separate scope statement forms.
2. Detailed Description of the Objective of the Proposed Rule
This rule order will establish seasons for hunting deer with crossbows under the authority of a crossbow hunting license beginning in 2016. In 2014 and the 2015, the crossbow only deer season will be established by emergency rule and will be identical to the season dates for hunting deer with a bow and arrow only.
In 2016 the crossbow only deer season established by this permanent rule could continue to be identical to the season for hunting deer with a bow and arrow only. However, there is no statutory requirement for the two seasons to be identical in 2016. It is possible that a crossbow only deer season could have different features such as season dates, bag limits, or other regulations. The department will review harvest information and assess public opinion following the 2014 crossbow season before making recommendations. The department will use as much information from the 2015 crossbow deer season as possible under the timeline for promulgating these rules prior to the start of 2016 deer hunting license sales.
Additionally, in preparing these rules the department will review ch.
NR 10 and make any updates which are needed to maintain consistency with the act and the new crossbow deer hunting season.
3. Description of Existing Policies Relevant to the Rule and of New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives; the History, Background and Justification for the Proposed Rule
These rules will be consistent with previous policies to establish and regulate hunting by various methods including with firearms, bow and arrow, crossbows, and air guns. In order to hunt deer with a crossbow in the past, a person had to be either age 65 or older, hold a permit for hunters with disabilities, or could use a crossbow under the authority of a firearm license during a firearm season. Under the act and these rules, any person who otherwise can legally hunt will be able to purchase a license authorizing deer hunting by the use of a crossbow.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
The department is directed, in the non-statutory provisions of
2013 Act 61, to promulgate rules that are needed to establish hunting seasons where the use of crossbows is allowed.
The chapter related to 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. This grant of rule-making authority allows the department to promulgate rules related to migratory game bird hunting.
5. Estimate of the Amount of Time that State Employees Will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
Approximately 400 hours will be needed by the department to promulgate these rules.
6. Description of all Entities that may be Impacted by the Rule
These rules will impact deer hunters, especially those who are interested in hunting with archery gear, both bow and arrow, and with crossbow gear.
7. Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
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.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
No economic impacts are anticipated. State statutes have already established that crossbow hunting is allowed and the conditions for the use of crossbows, including the required licenses and the season dates for 2014 and 2015. This proposal could simply duplicate what has already been established by statute for future years. However, even if these rules do result in seasons for crossbow deer hunting and hunting deer with a bow and arrow that are different, there will still be ample opportunities for hunting with a crossbow and people are still likely to be interesting in hunting with both methods. Impacts from the spending activities of crossbow and bow and arrow hunting enthusiasts will continue to benefit the economy.
9. Anticipated Number, Month, and Locations of Hearings
The department may use the 2015 Spring Fish & Wildlife Meetings held in each county in April as one of several methods to gauge public opinion on the use of crossbows. These could also be the legal rule hearings. While there will be just one year of experience with a crossbow season at that time, adoption of a rule at any time following the fall 2015 hunting season would result in very limited time for legislative review of the rule prior to the start of hunting license sales in March 2016.
Contact Person
Natural Resources
Fish, Game, etc., Chs.
1—
(DNR # WM-05-14(E))
This statement of scope was approved by the governor on March 10, 2014.
Rule No.
Relating to
Establishing hunting seasons during which the use of crossbows is allowed.
Rule Type
Emergency.
1. Finding/Nature of Emergency (Emergency Rule Only)
The department is not required to make a finding of emergency before promulgating these rules. The department is directed to promulgate these rules in
2013 Act 61 and is exempted from making a finding of emergency under non-statutory provisions of the act.
2. Detailed Description of the Objective of the Proposed Rule
This emergency rule order will establish seasons for hunting deer with crossbows under the authority of a crossbow hunting license. In 2014 and the 2015, the crossbow only season will be identical to the season dates for hunting deer with a bow and arrow only.
Additionally, the department will review ch.
NR 10 and make any updates which are needed to maintain consistency with the act and the new crossbow hunting season.
3. Description of Existing Policies Relevant to the Rule and of New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives; the History, Background and Justification for the Proposed Rule
These rules will be consistent with previous policies to establish and regulate hunting by various methods including with firearms, bow and arrow, crossbows, and air guns. In order to hunt deer with a crossbow in the past, a person had to be either age 65 or older, hold a permit for hunters with disabilities, or could use a crossbow under the authority of a firearm license during a firearm season. Under the act and these rules, any person who otherwise can legally hunt will be able to purchase a license authorizing deer hunting by the use of a crossbow.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
The department is directed, in the non-statutory provisions of
2013 Act 61, to promulgate emergency rules that are needed to establish hunting seasons where the use of crossbows is allowed. These provisions also exempt the department from the requirement to make a finding of emergency.
The chapter related to 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. This grant of rule-making authority allows the department to promulgate rules related to migratory game bird hunting.
5. Estimate of the Amount of Time that State Employees Will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
