Rule No.
Relating to
Wildlife rehabilitation.
Rule Type
Permanent.
Finding/Nature of Emergency (Emergency Rule Only)
These will be permanent rules only.
Detailed Description of the Objective of the Proposed Rule
This subchapter was adopted in 2004 to establish consistent standards for the rehabilitation of wildlife, ensure that all persons engaged in wildlife rehabilitation are qualified, and to ensure that rehabilitators provide humane care and housing for wildlife being rehabilitated. These Proposed revisions will clarify existing rules and establish new requirements on people licensed to rehabilitate wild animals based on what the department has learned after nearly ten years of experience administering the subchapter.
Description of the Existing policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Wildlife rehabilitation is the act of providing temporary care for injured, sick or orphaned wildlife with the goal of releasing them back into the wild. Animals released back into the wild must have the ability to recognize and find appropriate foods, socialize with members of their own species and exhibit normal behaviors such as fear of humans and predator avoidance.
This proposal will investigate clarifying the roles of care providers who assist with the rehabilitation of wildlife under the authority of the basic and/or advanced licensee's license. The goal is to increase the amount of supervision of assistants who are not licensed and a resulting increase in the quality of animal care. This may be accomplished by creating definitions for the terms, “volunteer", “subpermittee", “intern", or “care-provider". The proposal will establish a clear prohibition of rehabilitation by volunteers working under a license holder's authority with specific exemptions.
The addition of care providers (which includes interns) will allow both basic and advanced licensees to have individuals assist with basic wildlife rehabilitation activities. By allowing care providers, licensees can have qualified individuals assist with rehabilitation care in case of emergencies, busy times of the year, or when the licensee is not available. Complete authority and responsibility will remain with the licensee and all care providers can only assist with rehabilitation activities at the licensee's facility.
The addition of subpermittees allow advanced licensees the ability to have qualified individuals assisting with rehabilitation activities either on-site or off-site of the licensee's facility. As part of the proposed rule change, subpermittees will be subject to the same restrictions as basic licensees. These restrictions involve the types of animals that can be rehabilitated (those that are dangerous or difficult to handle), as well as euthanasia requirements.
These rules will establish requirements for basic and advanced licensees to add new species to their license authority.
These rules will require wildlife rehabilitation license applicants to indicate prior experience in wildlife rehabilitation and/or animal care, certify that they have read and understand a code of ethics for wildlife rehabilitators, and provide documentation of compliance with local ordinances.
These rules will establish continuing education requirements which must be met before renewing basic or advanced licenses, and will add that taking and passing an exam is required to apply for an advanced license.
This proposal will incorporate by reference the Minimum Standards for Wildlife Rehabilitation (or equivalent enclosures) for the size and construction of enclosures used to contain wild animals established by the National Wildlife Rehabilitation Association and the International Wildlife Rehabilitation Council. Additionally, applicants for wildlife rehabilitation licenses will need to provide a complete caging/enclosure report with pictures of their enclosures when their rehabilitation license applications are submitted.
This proposal will establish who can perform euthanasia on wild animals. Euthanasia may be performed by the advanced licensee, a basic licensee under the direct supervision of the sponsoring advanced licensee or their consulting veterinarian. The proposal also states that a licensed veterinarian who is not consulting a licensee can perform euthanasia.
This proposal will establish that, for purposes of responding to an oil spill or other disaster, a person licensed to rehabilitate wildlife in another state may temporarily assist with rehabilitation in this state.
This proposal will establish requirements for wildlife rehabilitation license applicants from other states and provinces who are requesting either a basic or advanced wildlife rehabilitation license.
The proposal prohibits by rule the rehabilitation of skunks because of threats to public and animal health of rabies in that species. Under the proposal, the rehabilitation of deer is also prohibited by rule in areas where CWD has been identified.
Current statutes and rule require rehabilitators to keep records of animals received, the condition of the animals and the disposition of each animal. For certain species, quarterly reporting to the department is required. Through this proposal, the department may modify reporting requirements.
Wildlife rehabilitation experience is required of an advanced license holder who wishes to sponsor basic license holders. This proposal requires that the advanced license holder be able to document or otherwise prove to the department that they have experience rehabilitating the species being considered and be approved by the department and the existing wildlife rehabilitation advisory committee. Potential sponsors will be reviewed by the Wildlife Rehabilitation Advisory Committee.
The proposal may expand the role of the existing Wildlife Rehabilitation Advisory Committee. The committee would continue to be focused on issues related to the wildlife rehabilitation but might also advise the department on other issues related to privately held captive wild animals.
This proposal will update cross-references and correct other errors that may be discovered during rule drafting.
This proposal may make other non-controversial updates that are identified during the rule drafting and review process.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
The department's authority to authorize and regulate the rehabilitation of wild animals is established in s.
169.24, Stats. The department is directed by s.
169.24 (2), Stats., to, “promulgate rules to establish the qualifications required to obtain a rehabilitation license, the types of activities authorized by a rehabilitation license and the standards, limitations, and requirements for rehabilitation licenses."
Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
200 hours will be necessary to develop these rules.
List with Description of all Entities that may be Affected by the Proposed Rule
Holders of licenses to rehabilitate injured wild animals and their subpermittees, care providers, and volunteers are the primary people who will be impacted by these rules. Wildlife rehabilitation is typically performed by non-profit organizations or individuals and volunteers who are not reimbursed by government funding or by fees paid for services.
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. Under international treaty and Federal law, the possession of migratory birds is also regulated by the United States Fish & Wildlife Service. Additionally, federal regulations do apply to bald eagles and federally listed endangered or threatened species. 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)
Wildlife rehabilitation is typically performed by non-profit organizations or individuals who are not reimbursed by government funding or by fees paid for services. These rules, and the legislation which grants the department rule making authority, will have no economic effect on small businesses. These rules are applicable to wildlife rehabilitators and impose no compliance or reporting requirements for small business, nor are any design or operational standards contained in the rule.
Contact Person
Natural Resources
Fish, Game, etc., Chs.
NR 1—
This statement of scope was approved by the governor on March 6, 2013.
Rule No.
Relating to
Migratory bird hunting regulations.
Rule Type
Permanent.
Finding/Nature of Emergency (Emergency Rule Only)
These will be permanent rules.
Detailed Description of the Objective of the Proposed Rule
This proposal will establish a general framework of season dates, bag limits, and conditions for taking migratory game birds by hunting or falconry. Primary objectives of the rule will be to reduce the amount of migratory bird-related emergency rule making that is needed each year, to simplify regulations, codify provisions already in effect by emergency rule, and repeal a sunset provision.
Description of the Existing policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
In the past, the department has annually promulgated emergency and permanent rules establishing the same year's migratory bird hunting regulations. The emergency rule is necessary because migratory game bird hunting is regulated by the United States Fish & Wildlife Service which offers a final season framework to Wisconsin on approximately August 1 each year. This timeframe does not allow for promulgation of a permanent rule prior to the hunting season. As part of the federal regulation of migratory game bird hunting, groups of states are organized into councils by migratory flyways to work together on the management and regulation of migratory game birds. Wisconsin is part of the Mississippi Flyway Council (MFC) which consists of 14 states and 3 Canadian provinces and state rules are subject to flyway council management plans and agreements. The department has promulgated permanent rules in the past so that information related to zones, tagging requirements for geese, and other regulations remain current. However, season dates and bag limits established in the Wis. Admin. Code reflect the previous year's season framework and are not useful, current information.
Through this rulemaking process, the department will evaluate ways to establish more general descriptions of the migratory bird hunting season in Wis. Admin. Code. For example, new rule language might start the duck season on the “last Saturday in September" instead of a specific date. Emergency rulemaking will still be required of the department as the federal frameworks are established each year, but a result would be less rulemaking overall.
Through this rulemaking process, the department will investigate what authority it has or which can be established to modify season dates or bag limits through an order of the department secretary instead of by rule. The ability to modify regulations, specifically when necessary to remain in compliance with the federal season framework, could reduce the amount of emergency rulemaking that is needed. A rule of this nature could establish sideboards requiring the department to take full advantage of the federal framework.
The department will also recommend ways to simplify Canada goose hunting regulations. Current rules require tagging geese that are harvested in the Horicon Zone but a simpler process of recording harvest may be possible. Additionally, the department will consider eliminating the permit application deadline for Horicon zone hunters and simply issue harvest permits while recognizing the flyway management and federal protections against overharvest of the Mississippi Valley Population. The department will also consider reducing the size of the Horicon zone which would result in expanded hunting opportunities in areas no longer in that zone.
The department will consider other simplifications to migratory bird hunting regulations that may be identified during this rulemaking process.
Through this rulemaking, the department may suggest revisions to the existing prohibition and exceptions for open-water hunting. Most waterfowl hunters are required to be partially or entirely concealed in emergent vegetation while hunting from a boat, blind or similar device on state water. This requirement preserves open water areas as safe resting areas for migrating waterfowl. By emergency rule, the department has established an exception for disabled permit holders and their assistants. This would establish the same exception by permanent rule in Wis. Admin. Code. Additional revisions of a housekeeping nature could be made. The department will consider other suggested ways to modify the provision, including advisory resolutions offered by the Wisconsin Conservation Congress.
This proposal would eliminate the sunset of 1:00 p.m. closure of migratory bird hunting at two wildlife management areas - Lake Mills Wildlife Area, Jefferson County, and Mead Wildlife Management Area, Wood, Marathon, and Portage Counties. Similar regulations in other states have been shown to provide good hunting across an entire property rather than just near refuges and hold ducks in an area for a longer period of time. This regulation sunsets after 3 years but there continues to be public support so the rule would be reauthorized under this proposal. At Lake Mills, mourning dove hunting hours also close at 1:00 p.m. The department may ask hunters if they would like this or similar opportunities at additional properties which are managed for mourning dove hunting.
These rules may modify the regulations of people who practice falconry for pursuing migratory game birds if necessary changes are identified during the rulemaking process.
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.
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, 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.
Special regulations on the taking of certain wild animals are authorized under s.
29.192, Stats., including specific language that authorizes rules related to Canada goose hunting.
The establishment of migratory game bird refuges is authorized in s.
23.09 (2) (b), Stats., 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.
Wisconsin's boundary waters with other states are popular waterfowl hunting locations. Specific authority to regulate hunting in and on all interstate boundary waters and outlying waters is established in s.
29.041, Stats.
Sections
23.11 and
29.014, Stats., allow for the protection of natural resources, establish general department powers on lands it manages including migratory bird refuges, and authority to establish hunting and trapping regulations on department managed lands.
Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
Approximately 400 hours will be needed by the department prior to and following the hearings.
List with Description of all Entities that may be Affected by the Proposed Rule
These rules will impact migratory game bird hunters, primarily those pursuing ducks and geese.
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
Migratory game bird hunting is regulated by the United States Fish & Wildlife Service (USFWS), in
50 CFR part 20. Under international treaty and Federal law, migratory game bird seasons are closed unless opened annually through the USFWS regulations process. As part of the federal rule process, the service annually evaluates migratory game bird populations and breeding habitat in cooperation with state provincial agencies and the Canadian Wildlife Service. After considering recommendations from the flyway councils of states and the guidance of cooperatively developed harvest strategies, the USFWS establishes annual frameworks within flyway or bird populations regions. States can then establish hunting seasons within the sideboards for each species and region. As a result, the hunting seasons of neighboring states are similar to Wisconsin migratory game bird hunting regulations because they are subject to the same federal frameworks.
Locally produced giant Canada geese are now a considerable portion of the harvest in states that also harvest Mississippi Valley Population geese that nest in Northern Ontario. The Mississippi Flyway Council has tested the use of a standard season framework for 5 years, ending in 2011. Season lengths and bag limits for each MVP harvest state remained unchanged. In 2012, the MFC conducted an evaluation of harvest impacts of these stable regulations and established a framework for future seasons. It was agreed within the MFC that states harvesting MVP Canada geese could take small steps toward liberalization while impacts are cooperatively monitored.
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. The hunting season frameworks proposed in this rule will be comparable to those in place during the previous season. These rules are applicable to individual hunters and impose no compliance or reporting requirements for small business, nor are any design or operational standards contained in the rule.
Contact Person
Safety and Professional Services — Examining Board of Architects, Landscape Architects, Professional Engineers, Designers, and Land Surveyors
This statement of scope was approved by the governor on March 6, 2013.
Rule No.
Relating to
Continuing Education (CE).
Rule Type
