Scope Statements
Natural Resources
Fish, Game, etc., Chs.
NR 1—
This statement of scope was approved by the governor on August 14, 2012.
Rule No.
Relating to
The 2013 Wildlife Management spring hearing rule related to hunting, trapping, dog training, and the use of department managed lands.
Rule Type
Permanent.
Finding/Nature of Emergency (Emergency Rule Only)
These will be permanent rules.
Detailed Description of the Objective of the Proposed Rule
These rule changes are proposed for inclusion on the 2013 Spring Hearing rules package and questionnaire. This rule package will create and amend regulations for hunting, trapping, closed areas, dog training, and the use of department lands found in Chapters. NR 1, 10, 11, 12, 15, 17 and 45.
Specifically, these rules would;
1.
Simplify pheasant hunting regulations by eliminating the requirement to tag harvested birds at stocked hen/rooster pheasant hunting areas. Instead, field dressed carcasses of all birds would need to retain proof of species and sex identification while being transported. [NR 10.01 (2) 2]
2.
Simplify firearm deer hunting regulations by allowing the use of rifles statewide. Currently, only shotguns may be used in some areas. If the statewide use of rifles were not to win support at some point during the rule making process, the department would consider expanding rifle use in individual counties including, but not limited to, Shawano and Outagamie as recommended in Conservation Congress voting. [NR 10.01 (3) (e) 1. a.]
3. Simplify mink and muskrat trapping regulations by creating more consistent opening dates throughout the state and require reporting the harvest of certain species such as otter and fisher within 24 hours. [NR 10]
4. Establish a controlled dove hunt at Bong State Recreation Area in Racine County in order to improve hunter satisfaction by reducing hunter interference. [NR 10.06]
5. Simplify regulations for pheasant hunters at Richard Bong State Recreation Area in Racine County, including eliminating the arm band requirement for pheasant hunters.
6. Expand open water hunting opportunities for waterfowl by allowing the activity on 12 additional lakes. [NR 10.12 (3)]
7. Simplify Canada goose hunting regulations and permit issuance procedures. [NR 10.125]
8. Lengthen the period of time that trappers have to check traps, as recommended in voting by the Conservation Congress in 2012. [NR 10.13]
9. Eliminate the refuge/closed area at Mecan Springs, Waushara County, as recommended in voting by the Conservation Congress in 2012. [NR 11.011]
10. Modify the type of refuge at Tichigan Wildlife Area in Racine County to prevent disturbance of waterfowl during the waterfowl hunting season. [NR 15.04]
11. Establish regulations on training dogs used for wolf hunting. Regulations may be similar to those established for training dogs used for bear hunting. [NR 17]
12. Establish that, when the bear hunting season is open, hunting hours apply to people who are training bear hunting dogs as well as to people who are hunting bears. [NR 17.04]
13. Establish that, in addition to collecting certain food items, it is also legal to cut and gather willow stakes on department managed lands for non-commercial uses. Willow stakes are often used by trappers. [NR 45.04]
14. Allow unattended, overnight placement of portable tree stands on department managed lands. [NR 45.09]
15. Increase the daily pheasant hunting fee at Bong State Recreation Area in Racine County from $3.00 to $12.00 ($5.00 if stocking was not done on the previous day) because the current fee is not sufficient to cover the cost of this stocking program. [NR 45.12]
16. The department may include other, minor, non-controversial rule proposals passed at the annual Spring Fish & Wildlife Hearings as advisory questions by the Conservation Congress.
17. This rule proposal may make modifications to white-tailed deer hunting regulations including modifying seasons, carcass tag use, and other regulations if necessary implement provisions of the report and review of deer management practices prepared by the state's deer trustee. These changes may modify chapters. NR 1, 10 or 12.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
All of the policies in this rule are generally consistent with past board policies of regulating fish and game harvest for conservation purposes.
The harvest of hen pheasants is generally prohibited in the wild but is allowed at certain stocked public hunting grounds. Hunters at these properties must tag the leg of harvested birds before transporting them in any way. Eliminating the tag requirement will save money for the department. By instead requiring that all harvested bird carcasses retain evidence of species and sex identification, such as the head or a fully feathered wing, a conservation warden will still be able to identify a hen pheasant and can ask the person who possesses it where it was harvested.
The use of firearms for deer hunting is restricted to shotguns, muzzleloaders and handguns only in certain portions of the state. At one time people generally believed that these firearms were safer but research and experience indicate that is not the case. Allowing the use of rifles statewide will be a simplification of regulations. Residents of Shawano County have asked for a stand-alone rule proposal, in addition to the statewide proposal, so that a Shawano County proposal can advance if a statewide rule does not. In Conservation Congress voting, residents of Outagamie County have also requested expanded use of rifles.
Currently there are four separate zones for mink and muskrat harvest, with slightly different opening or closing dates. This proposal would consolidate zones in order to simplify regulations that are no longer needed.
Richard Bong Recreation Area, located in Racine County, currently experiences very heavy dove hunting pressure that detracts from the quality of the hunting experience. A “managed hunting program" could require hunting only from established “blinds" and establish other regulations that will be conducive to a high quality hunt. Additionally, arm bands must be worn by pheasant hunters. This requirement may no longer be needed and the department will evaluate eliminating it.
Wisconsin has a long tradition of restricting waterfowl hunting to the near shore and marsh areas of lakes and flowages. This provides safe open water resting areas for migrating waterfowl and may help ducks remain in an area for a longer period during the hunting season. However, “open water" hunting is allowed on some large lakes and the Great Lakes where it is believed that open water hunting does not eliminate safe resting areas. This proposal would expand open water hunting opportunities to as many as 12 additional lakes.
Currently, there are no restrictions on the time of day for training bears. In the past, training dogs by trailing wild bears was not legal during the hunting season for bears. With the passage of 2011 ACT 28, dog training is now allowed during the bear hunting season. This proposal will require that all bear pursuit activities take place only during daylight hours when the bear hunting season is open in order to eliminate the need to determine who is hunting and who is only training. Bear dog training typically is done during daylight hours so this will not result in a significant loss of opportunity.
With the passage of 2011 ACT 169, hunting wolves with the aid of trained dogs is allowed. While not addressed in the ACT, training dogs used for wolf hunting will also be allowed because that species is no longer on lists of threatened or endangered species. Regulations on the times dogs may be trained and the number of dogs that may be used in pack will be established and may be similar to existing regulations for training dog used for bear hunting.
Collecting plants from department managed lands is generally prohibited except for some edibles and the removal of invasive plants. This proposal would also allow collecting willow stakes on department managed lands for non-commercial uses. Willow stakes are often used by trappers for marking trap locations and anchoring traps. Willow is a fast growing species that, although native, is sometimes considered invasive in certain areas.
Currently the overnight, unattended placement of tree stands for hunting is not allowed on department managed lands. This regulation is designed to prevent the “staking out" or making advance claims to hunting locations in favor of a first-come-first served practice. However, the overnight placement, remaining in place for as long as an entire season, of stands is allowed on some lands may also be practical on department lands.
Waterfowl refuges are commonly established to provide safe resting areas for migratory birds and also have the effect of improving hunting by allowing them to remain in an area for longer periods of time during the hunting season. Under this proposal, entry into the Tichigan Wildlife Manage Area refuge would be prohibited at any time a waterfowl season is open. Deer hunting would still be allowed after waterfowl seasons close.
At Richard Bong Recreation Area hunters pay a daily entrance fee of $3.00 to hunt stocked pheasants and the daily bag limit is two birds. This fee has not been updated since being established in 1982. An increase to $12.00 ($5.00 if stocking was not done on the previous day) will allow the managed pheasant hunt program to continue in a sustainable manner while improving the quality and consistency of the hunt for program participants.
The department has evaluated the policy alternatives for a handful of proposals that were topics of voting at Conservation Congress spring hearings in 2012. For instance, extending amount of time that trappers have to check traps, currently daily checks are required, and eliminating the Mecan River Springs waterfowl closed area. Both of these won popular support in voting this spring and may be advanced by the department.
This rule proposal may make modifications to white-tailed deer hunting regulations including modifying seasons, carcass tag use, and other regulations if necessary implement provisions of the report and review of deer management practices prepared by the state's deer trustee. The report does recommend new policies on making deer management decisions. However, Wisconsin will continue to manage for a deer herd that provides recreational hunting opportunity and that is in balance with the habitat that supports it and while considering other impacts of deer populations. The report was released to the public in July, 2012, and further evaluation will occur before specific rule changes are proposed.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
The chapter on wild animals and plants, in s.
29.014, “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 make changes related to deer hunting and management, simplify Canada goose hunting regulations, eliminate previous rules on the possession of hen pheasants but require that the species and sex of birds being transported be identifiable. This section authorizes other rule-making such as establishing the types of firearms that may be used for hunting, waterfowl hunting regulations, and bear and wolf pursuit regulations and other hunting regulations. Finally, this section authorizes setting season dates for species such as coyotes, mink and muskrat and establishing trap-check and carcass harvest reporting requirements.
The establishment of game refuges is authorized in s.
23.09 (b) relating to the department's ability to designate locations reasonably necessary for the purpose of providing safe retreats in which birds may rest and replenish adjacent hunting grounds.
Managed hunting opportunities which control activities within zones at Bong Air Base, the Richard Bong Recreation Area, are authorized by s.
23.09 (13) and
23.091. Special fees for use of the recreation areas for certain types of visitation, such as pheasant hunting, are authorized under 27.01 (9) (c).
Sections
23.095,
23.11 and
29.014, Stats. allow for the protection of natural resources, establish general department powers, and authority to establish hunting and trapping regulations on department managed lands including regulations on the placement of tree stands, collecting willow stakes, and dog training.
Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
306 hours.
List with Description of All Entities that may be Affected by the Proposed Rule
Hunters, trappers, dog trainers, and recreational users of DNR lands are the principal groups that will be affected by this rulemaking.
Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed 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.
Anticipated Economic Impact of Implementing the Rule (Note: if the Rule is Likely to have a Significant Economic Impact on Small Businesses)
These rules, and the legislation which grants the department rule making authority, do not have a significant fiscal effect on the private sector or small businesses. These rules are applicable to individual sportspersons and impose no compliance or reporting requirements for small business, nor are any design or operational standards contained in the rule.
This scope statement contains a proposal to increase the daily fee for pheasant hunting at Richard Bong Recreation Area from $3.00 to $12.00. The daily bag limit is two birds per day beginning on the third day of the season (1 per day on opening weekend). A survey of privately owned southern Wisconsin pheasant game farms showed that most charge between $44.00 and $50.00 for two birds. The Illinois Department of Natural Resources conducts similar managed pheasant hunts and charges $25.00 per day with a daily bag limit of two. Because the fee at the recreation area will continue to be significantly lower than similar opportunities available in the region, no shift in hunting activity or hunter's related expenditures is anticipated.
Allowing the use of rifles for firearm deer hunting statewide will result in an increase in firearm sales in subsequent years. Many hunters perceive that hunting deer with rifles is preferable to hunting with shotguns, muzzleloaders, or handguns. Because ordering and shipping firearms is difficult, many or most of these purchases will occur at shops in Wisconsin. It is difficult to estimate how many purchases will occur because people would still be able to hunt with shotguns, muzzleloader and handguns. Purchases may be spread out over a period of years as people update their firearms. While the amount of economic impact is difficult to estimate, an increase in firearm sales would be an assured result of this rule change and is something that sporting goods outlets are already anticipating.
