This rule is of interest to commercial fishers and was initiated in response to the expressed concerns of recreational fishers. The impact on commercial fishers is discussed above.
The rule will be enforced by department Conservation Wardens under the authority of chapters 23 and 29, Stats., through routine patrols, record audits of wholesale fish dealers and commercial fishers and follow up investigations of citizen complaints.
Pursuant to s.
227.114, Stats., it is not anticipated that the rule will have a significant economic impact on small businesses. Small businesses engaged in commercial fishing and wholesale fish dealing may be affected by the rule. However, the Department currently has no basis for quantifying the economic impacts of the rule.
Small business regulatory coordinator
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
State fiscal effect
No state fiscal effect.
Local government fiscal effect
No local government costs.
Agency Contact Person
William Horns
Department of Natural Resources
P.O. Box 7921
Madison, WI 53707-7921
Telephone: (608) 266-8782
Notice of Hearing
Natural Resources
Fish, Game, etc., Chs.
NR 1—
(DNR # WM-15-11(E))
NOTICE IS HEREBY GIVEN that pursuant to sections
29.014,
29.177,
227.11 and
227.24 Stats., interpreting sections
29.014,
29.177, and
227.11, Stats., the Department of Natural Resources will hold public hearings on an emergency rule to revise Chapter
NR 10 Wis. Adm. Code relating to deer hunting seasons and carcass tag use. The State Natural Resources Board adopted this emergency rule on April 27, 2011 in order to be able to implement the rule for the 2011 seasons.
Hearing Information
Date and Time Location
June 28, 2011 Natural Resources State Office
Tuesday Building (GEF-2), Room G09 at 2 P.M. 101 South Webster Street
Madison, WI 53703
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.
Submittal of Written Comments and Copies of Proposed Rule
The proposed rule and fiscal estimate may be reviewed at the following Internet site:
http://adminrules.wisconsin.gov. A personal copy of the proposed rule and fiscal estimate may be obtained from Scott Loomans by email or U.S. mail. Written comments on the proposed rule may be submitted by email to
scott.loomans@wisconsin.gov or via U.S. mail to Mr. Scott Loomans, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until June 29, 2011. 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.
Analysis Prepared by the Department of Natural Resources
Plain language analysis
The department recommends promulgating administrative rules that modify ch.
NR 10 related to the use and issuance of deer tags.
Section 1 allows the department to, upon order of the secretary, distribute antlerless deer permits for the cost of issuance in designated herd control units without holding a four-day, October antlerless firearm hunt in the same units.
Sections 2 through 4 establish that the department's existing earn-a-buck regulations for deer hunters in a CWD Management Zone do not apply to use of the archery and gun buck deer carcass tags that are issued with each archery and firearm deer hunting license.
Related statute or rule
There are no state statutes currently under promulgation that directly relate to the provisions that are proposed in this administrative order.
Federal regulatory analysis
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.
Comparison with similar rules in adjacent states
These rule change proposals do not represent significant policy changes and do not differ significantly from surrounding states. All surrounding states have regulations and rules in place for the management and recreational use of game species that are established based on needs that are unique to that state's resources and public desires.
Illinois:
The 2011 Illinois archery season in most of the state will run from October 1 - January 15 except that it is closed during the firearm deer season in some areas. Illinois has two periods for firearm deer hunting. The first firearm season in 2011 will be November 18 - 20, and the second season is December 1 - 4. The Illinois muzzleloader only season will be December 9 – 11 in 2011. Illinois will hold a youth firearm deer season on October 8 and 9. Hunters may purchase any number of antlerless permits subject to availability in county quotas but are limited to purchasing only one prior to the beginning of random daily drawings in September.
Iowa:
In 2010 Iowa had two archery hunting periods, the first October 1 - Dec. 3 and the second December 20 - January 10, 2011. Iowa also has two periods for firearm hunting, December 4 – 8 and December 11 – 19. Iowa's two muzzleloader only hunting periods are October 16 – 24 and December 20 - January 10. Iowa also held a deer season for youth and disabled hunters from September 18 to October 3. Iowa residents may purchase multiple antlerless tags subject only to the availability in a unit, but are limited to purchasing only 1 prior to September 15.
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. Additionally, Michigan has a 5 day early, private land only, antlerless firearm season beginning on September 16 and a 4 day youth season beginning on September 21. Michigan's muzzleloader-only seasons vary in three zones, all occurring in December and vary from 10 to 17 days in length. Hunters may purchase additional antlerless permits up to a maximum of 5 a year in some units, however additional antlerless harvest opportunity is available in some areas.
Minnesota:
Minnesota's 2010 archery season ran from September 18 to December 31. Minnesota's firearm season begins on November 6 and continues to November 14 or 21 depending on the zone. Additional firearm “B" seasons run from Nov. 20 – 28, Nov. 6 – 28, Oct 23 and 24, or Oct. 21 – 24 in certain areas. The muzzleloader-only season runs from November 27 to December 12. Minnesota hunters are generally limited to harvesting one buck, regardless of the number of seasons or licenses they purchase. The harvest of up to 7 antlerless deer is possible by hunting in different units and zones.
Summary of factual data and analytical methodologies
The harvest of antlerless deer is managed by the department in order to achieve overwinter goals established in s.
NR 10.104 Wis. Admin. Code. In management units where the deer population is below goal, the department may restrict antlerless deer harvest or establish an antlerless quota of zero. In management units where the population is above goal, the department will issue a number of antlerless permits that are likely to result in harvest that helps reduce the population to its overwinter goal. Earn-a-buck regulations, which require that a hunter first harvest an antlerless deer before they can harvest a buck, are an additional tool that can be used in some units to encourage even greater harvest of antlerless deer.
In management units where the normal deer hunting season framework is not likely to reduce the population to within 20% of its overwinter goal a number of season framework options have already been established by rule. The first season framework option requires both the issuance of free (except for a $2.00 issuance fee) antlerless deer tags and holding a four day October antlerless only firearm season beginning on the Thursday nearest October 15.
Under this proposal, the department could select either to issue free tags or to hold an October four day firearm season, but is not required to select both.
In the CWD management zone, whenever a management unit's deer population is over its established goal, the department may require that a hunter first harvest an antlerless deer before harvesting a buck. This proposal exempts a hunter from earn-a-buck requirements in filling their archery or gun buck deer carcass tag. This proposal preserves the earn-a-buck regulation as it applies to special, free permits issued in the CWD management zone.
Effect on Small Business
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.
Small business regulatory coordinator
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
State fiscal effect
None.
Local government fiscal effect
None.
Anticipated costs incurred by the private sector
These rules, and the legislation which grants the department rule making authority, do not have a significant fiscal effect on the private sector. Additionally, no significant costs are associated with compliance to these rules.
Assumptions used in arriving at fiscal estimate
The department recommends promulgating administrative rules that modify ch.
NR 10 related to deer hunting seasons and the use and issuance of deer tags.
This proposal will, upon an order of the secretary, allow the department to distribute antlerless deer permits for the cost of issuance in designated herd control units without holding a four-day, October antlerless firearm hunt in the same units. Under current rules, if the department issues antlerless permits for only cost of issuance, it must also hold the four day season.
Additionally, the rule establishes that the department may not require that a hunter harvest an antlerless deer before harvesting a buck when using their archery or gun buck deer carcass tag in a CWD management zone. The harvest of additional bucks will continue to first require the harvest of an antlerless deer.
The department already administers the creation and distribution of carcass tags for deer hunting and establishes and publishes hunting season information. No new processes, record keeping, or printing requirements are created as a result of this proposal. Additionally, there are no new requirements of law enforcement as a result of this proposal. The department does not anticipate any fiscal effect from the provisions of this proposal.
Long-range fiscal implications
No long range fiscal implications are anticipated.
Statement of Emergency
The emergency rule procedure, pursuant to s.
227.24, Stats., is necessary and justified in establishing rules to protect the public welfare. The rule is necessary in order to foster participation by hunters and landowners so they will continue to hunt and cooperate in CWD control and deer herd management. This rule proposal balances pressing social concerns about the quality of the deer hunt with the need for effective herd control measures such as additional antlerless deer harvest in management units that are more than 20% over population goals or simply over population goals in units that are part of the CWD Management Zone. This rule will increase harvest of bucks in the CWD zone which have a higher prevalence of CWD and, because of their greater dispersal distances, have a higher likelihood of spreading CWD. However, the rule retains a herd control tool which requires that antlerless deer be harvested before additional bucks (beyond the initial one) may be taken. The federal government and state legislature have delegated to the appropriate agencies rule-making authority to control and regulate hunting of wild animals. The State of Wisconsin must provide publications describing the regulations for deer hunting to more than 630,000 deer hunters prior to the start of the season. These regulations must be approved prior to printing nearly 1 million copies of the regulations publication.
Agency Contact Person
Notice of Hearing
Regulation and Licensing
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Regulation and Licensing in sections
15.08 (5) (b),
227.11 (2) (a),
440.03 (1),
448.40 (1) Stats., the Department of Regulation and Licensing will hold a public hearing at the time and place indicated below to consider an order to renumber and amend section
RL 4.08 (intro), and to create section
RL 4.08 (2), relating to background checks and fingerprinting.
Hearing Information
Date and Time Location
July 20, 2011 1400 East Washington Avenue
Wednesday Room 121A
at 8 A.M. Madison, WI 53703
Appearances at the Hearing and Submittal of Written Comments
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Division of Board Services, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received at or before the public hearing to be held on
July 20, 2011, to be included in the record of rule-making proceedings. Comments may
be submitted to Shawn
Leatherwood, Paralegal, Department of Regulation and Licensing, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708-8935, or by email to
Shancethea.Leatherwood@wisconsin.gov.
