Statements of Scope

Currently, hunting is prohibited in the Necedah National Wildlife Refuge except that hunting deer, turkey, and unprotected species with firearm and bow is allowed where posted by the United State Fish & Wildlife Service with their signs. This proposal extends the option for the property owner to also allow wolf hunting. Trapping for wolves is an option that the service already has if they choose to implement it.

Trapper education is currently a prerequisite for most people who wish to purchase a trapping license. However, the safe methods for trapping wolves have not been part of the curriculum of the Wisconsin Cooperative Trapper Education Course. Through this rulemaking, the department will investigate and propose the simplest, most efficient means possible of updating trapper's knowledge. Trapping wolves involves trap and cable restraints of sizes not previously in use on dry land in this state and significant care and regulatory assurances are needed for this practice to be accepted in the long run by the public.

Statute currently establishes conditions and authorities for the removal of wild animals causing damage and the department has established rules. This rule proposal will add wolves to rules the department has already promulgated for other species. In particular, the rules would require written permission to remove and relocate or to destroy a wolf causing damage and may require that the public be allowed to hunt on properties where removal is permitted. This proposal may also create a requirement that abatement measure be implemented before lethal means of control are authorized. This proposal will not affect current rules which allow a landowner to kill a wolf that is in the act of killing, wounding or biting a domestic animal. This proposal the department will investigate and propose rules that outline the process for submitting a wolf depredation claim and payment schedule. The department already has a similar process for agricultural damage caused by deer, bear, geese and turkeys.

Description of Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives

Policies relevant to the rule are consistent with existing policies for hunting, trapping, and wildlife damage claims payments for other species in most aspects. The department has regulations in place for the method of harvest, transportation, recording and registration of many harvested animals. The department establishes population goals for species such as deer, bear and bobcat. These proposed rules do not differ significantly from ones that are currently in place. Additionally, the department already administers a wolf depredation program including investigating suspected incidents of depredation on domestic animals and payment of claims.

Detailed Explanation of Statutory Authority for the Rule

The department is directed by s. 29.014, Wis. Stats. to establish regulations for the taking of game that conserve populations, including wolves, and provide opportunities for good hunting. This authorizes the department to establish rules that restrict harvest to safe levels which are established based on population estimates, population goals, and hunter and trapper success rates. This section authorizes other actions such as establishing that wolves are not small game and allows removing them from a protected species list because they will be protected under other rules.

Non-statutory provisions of 2011 ACT 169 exempt the department from making a finding of emergency in promulgating any rules that are necessary to implement the ACT.

Many provisions of the ACT will be duplicated in administrative code because that is where people are accustomed to finding similar or identical regulatory information for other species. The following are found in s. 29.185 (5) and (6); season dates, use of dogs, hunting hours, baiting regulations, regulations on firearms and crossbow use. Rule updates on the payments of claims for damage associated with gray wolves will be similar or identical to new language created in 20.370 (5) (fv) of the ACT.

A variety of provisions explicitly authorize the department to limit wolf harvest if necessary to effectively manage the state wolf population. The department's authority to limit the number of harvest licenses issued is established in 29.185 (1). The establishment of wolf harvesting zones is required by the s. 29.185 (5) (b) of the ACT. Department authority to close the season in a harvest zone if the harvest quota is reached is established in 29.185 (5) (c). Regulations on the proper use of tags and registration of harvest are authorized under s. 29.185 (7) and generally by s. 29.014.

Regulations on the types of traps that may be used to harvest wolves are authorized under s. 29.185 (6) (f) and generally by s. 29.014.

The department is required to establish and supervise the Wisconsin Cooperative Trapper Education Program under s. 29.597.

Restrictions on the removal of wild animals and the wildlife damage abatement and claims program are established under the authority of ss. 29.014 and 29.885. These provisions allow the department to require written authorization for a member of the public to capture and relocate or kill wolves in damage and nuisance situations, consistent with current requirements for species such as deer, bear, and elk. Current administrative rule and statutory requirements for preventative abatement action before killing certain wild animals will be extended to wolves. Public hunting and trapping of certain species must be allowed for species currently covered under s. 29.885 (4m). The department will consider extending these requirements for wolves being removed under 29.888 of the ACT through this rulemaking. These provisions will not affect current rules that allow a landowner to kill a wolf that is actually in act of killing, wounding or biting a domestic animal.

Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule

The Bureau of Wildlife Management, in cooperation with endangered resources, costumer & outreach services, law enforcement, and legal services, will be responsible for promulgating permanent and emergency rules that support the implementation of a wolf hunting and trapping season. This would be a one-time expense that will be absorbed in the department's current budget. It is generally estimated that the effort of various staff will amount to the equivalent of two months of a staff specialist's time, approximately 320 hours.

List with Description of All Entities that May be Affected by the Proposed Rule

These rules are applicable to individual sportspersons and impose no compliance or reporting requirements for small businesses and no design or operational standards are established in the rule.

The Great Lakes Indian Fish & Wildlife Commission, representing eleven Ojibwe tribes who reserved hunting, fishing and gathering rights in the 1837, 1842, and 1854 Treaties, have indicated that they are affected by the proposed rule. The department will consult with the commission during promulgation of these rules.

It is likely that some of the groups that registered with the Government Accountability Board when the authorizing legislation was being considered in the legislature believe they will be affected by this proposed rule. Groups registering in support of the ACT include primarily groups with hunting and agricultural interests; Safari Club International, Wisconsin Chapters, United Sportsmen of Wisconsin, Inc., Wi~Force (Wisconsin Firearm Owners, Ranges, Clubs & Educators, Inc.), Wisconsin Bear Hunters Association, Wisconsin Bowhunters Association, Wisconsin Cattlemen's Association, Wisconsin Farmers Union, Wisconsin Independent Businesses Inc., Wisconsin Pork Association, and the Wisconsin State Cranberry Growers Association. The Stockbridge-Munsee Community registered in opposition with the board. The Humane Society of the United States registered in opposition at the hearing held by the State Assembly Natural Resources Committee on February 1, 2012.

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

Wolves are currently a state managed species. The US Department of Interior announced in December, 2011 that gray wolf populations in the Great Lakes region have recovered and no longer require the protection of the Endangered Species Act. The U.S. Fish and Wildlife Service published a final rule in the Federal Register that removed wolves in Michigan, Minnesota and Wisconsin, and in portions of adjoining states, from the list of endangered and threatened wildlife and plants. The rule went into effect on January 27, 2012.

The states of Wisconsin, Minnesota and Michigan are required to monitor wolf populations for at least five years to ensure the species continues to thrive. If it appears, at any time, that the gray wolf cannot sustain itself without the protections of the ESA, the service can initiate the listing process, including emergency listing.

Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to have a Significant Economic Impact on Small Businesses)

In the long term it is expected that new wolf hunting and trapping opportunities, and continuing wildlife watching activity, will contribute positively to Wisconsin's existing tourism economy. Even though the total number of participants in hunting and trapping will be low, these unique opportunities will bolster Wisconsin's image as a premier destination for wildlife and outdoors oriented activities.

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. Additionally, no significant costs are associated with compliance to these rules. The department does not have experience yet to gauge the level of public participation and interest in this new activity. People who hunt or trap wolves may reside anywhere in the state but are likely to hunt and trap in the northern third of the state where most wolves are found. This will result in increased purchases of lodging services. Some hunters/trappers will need to be assisted by paid guides in order to have a high likelihood of success. The gear used for wolf hunting will be similar to that used for deer and that, combined with the low number of hunters, means there will be limited new retail expenditures even though this is a new opportunity. Successful hunters and trappers will contribute economically through the sales of wolf pelts or, more often, the purchase of taxidermy services. These will be minor contributions overall but for an individual taxidermist, guide, or motel owner who receives extra work, the impact is worth noting.

The ACT and this rulemaking will allow Wisconsin to manage wolves to population levels that will be lower than the current population. A result will be less wolf depredation on domestic animals. Under previous requirements of law and under the ACT, the department reimburses owners for the fair market value of domestic animals killed, or veterinary services, in wolf depredation incidents. A reduction in depredation will result in less time investigating damage, filling claims, and working with agency staff who administer the program. Individual producers who are concerned about livestock depredation are likely to view a hunting season as very important to them economically. In 2010, the department investigated and made damage payments for depredations of 84 cattle or missing cattle and six sheep.

The department does not anticipate that there will be significant conflict in the field between people pursuing different outdoor recreational opportunities. It is possible that some wildlife watchers who seek wolves for viewing opportunities may be concerned about user conflict, however, and will be less active. They may initially spend less money travelling and pursuing these activities.

Contact Person

Tom Hauge, Wildlife Management Bureau Director, 101 South Webster Street, Madison WI 53707. [phone], [e-mail].

Scott Loomans, Wildlife Regulation Policy Specialist, 101 South Webster St., Madison, WI 53707. [phone], [e-mail].