Section 5 simplifies the fall turkey hunting season framework so that hunting is always allowed on the day before the firearm deer hunting season and so that the season is continuous with no closed periods in Zones 1 to 5 in the southern part of the state. This section also increases the limit on the number of crows a person is allowed to possess at home or in transport so that it is three times the daily bag limit instead of two
Sections 10 and 11 allow the use of foot activated cable restraints, a device used to trap furbearing animals and for which best management practices have been approved by the Association of Fish and Wildlife Agencies. These Sections also modifies the standards for construction of cable restraint devices used to trap furbearers to improve their efficiency for catching coyotes. Finally, this Section 10 modifies phrasing for consistency with the other subdivisions in this paragraph, as suggested by the Legislative Council Rules Clearinghouse.
Sections 12 and 13 eliminate the trapping hours restriction so that traps may be placed or tended at any time. The WI Conservation Congress has recommended modifications to this rule.
Sections 14 and 15 modify the location and size of a waterfowl hunting closed area at the Wolf River Bottomlands Natural Resources Area on DNR managed lands in Outagamie County.
Federal Regulatory Analysis: 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.
Comparison with 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 wild game and furbearer species that are established based on needs that are unique to that state’s resources and public desires.
Summary of Factual Data and Analytical Methodologies: All of the policies in this rule are generally consistent with past board policies of regulating fish and game harvest for conservation purposes.
A number of these proposals are recommendations of the Wisconsin Conservation Congress to the Natural Resources Board and initiating a process to promulgate those rules fulfills a role of the board and the congress established in s 15.348 Stats.
This rule proposal would have the effect of expanding the areas where a waterfowl hunter can park a boat (or blind) and hunt. A boat or blind would no longer need to be concealed by emergent vegetation such as rice or cattails if it is located within three feet of the shoreline. Additionally, dead trees or stumps could be considered concealing vegetation. While it expands areas where waterfowl hunting may occur, this rule would still maintain Wisconsin’s requirement that people hunt from the edges of bodies of water and that they not hunt from open-water, offshore areas. Wisconsin’s open water hunting rule dates back to early conservation statutes and may have been designed to keep hunters from setting up in front of each other and to keep them out of the middle of waters that are used as staging areas by migrating ducks or geese. Providing these areas where there is no hunting pressure may encourage birds to remain in an area longer and provide more chance for birds to spend time feeding and resting during migration. Hunters have supported the rule because it increases hunting opportunity by encouraging birds to remain in an area for longer periods of time.
Currently, the spring turkey hunting season opens on the Wednesday nearest April 13. Under this structure, the spring turkey season overlaps the Memorial Day holiday weekend in approximately one out of every three years (when it falls on the third Wednesday of the month). This proposal would stabilize the season opener so that it falls on the 3rd Wednesday of the month every year, making it more predictable and easier for hunters to schedule their hunts, resulting in the 6th time period always overlapping the Memorial Day holiday weekend, and reducing the likelihood of cold and snow during the Youth Hunt, Learn to Hunt Turkey events, and early time periods.
The fall turkey hunting season is currently closed from the Friday immediately preceding the 9-day gun deer hunt through the Sunday immediately following the 9-day gun deer hunt. This proposal would allow fall turkey hunting on the Friday immediately preceding the 9-day gun deer hunt statewide and, in zones 1 through 5 where the turkey season re-opens after deer season, would eliminate that closed period. This proposal would make the fall turkey hunt consistent with other fall seasons, simplify hunting regulations, and provide some additional hunter opportunity.
Trapping hours currently in place may be designed to deter trap theft or simplify enforcement of a requirement to tend or check traps daily. These rules would eliminate trapping hours. Eliminating trapping hours would simplify regulations and would provide a particular benefit to people whose work schedule conflicts with trapping hours. There is not a furbearer population management purpose for trap checking hours. These rules would maintain the requirement that traps be checked daily.
For simplicity and consistency with new federal regulations for migratory birds, this proposal would increase the limit on the number of small game animals a person is allowed to possess at home or in transport. Instead of the current possession limit which is twice the daily bag limit, it would be three times the daily bag limit, consistent with federal regulations for migratory game birds.
A cable restraint is a device used for the live capture of furbearers. The device consists of a non-spring activated cable which includes a relaxing mechanical lock, stops, and swivel. International research on humane trap systems has documented the safe use of cable restraints on dry land, with much of the field research conducted here in Wisconsin from 2000 to 2002. A “breakaway” is a component of the cable restraint device that allows larger non-target animals to be able to pull free of the device and self-release if caught. This also allows some larger coyotes to self-release. In most states, a 350 pound rating is the standard. These rules would increase the maximum allowable pound rating.
These rules would allow the use of foot activated cable restraints, a relatively new device used to trap furbearing animals. This device has been the subject of research and it is recommended as a humane method of trapping and for which best management practices have been approved by the Association of Fish and Wildlife Agencies. This would allow the use of a humane device in the restraint of fox, coyote, and bobcats during latter portions of harvest seasons.
These rules would eliminate one waterfowl hunting closed areas on department managed lands that are part of the Lower Wolf River Bottomlands Natural Resources Area and recreate the refuge in an area where it is more likely to maintain waterfowl numbers in the area throughout the course of the hunting season. These modifications were recommended following a planning process that involved members of the public. The closed areas would provide a more functional area for waterfowl to rest, creating more opportunity for waterfowl hunters in the area because birds would remain in the area for a longer period of time.
Anticipated Private Sector Costs and Economic Impact of Implementing the Rule: 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.
The proposed rule changes are not expected to significantly influence the spending activities or hunting and trapping activity of hunters, trappers, dog trainers, or other outdoor enthusiasts. Correspondingly, no related economic impacts are anticipated.
Effects 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. Because this rule does not add any regulatory requirements for small businesses, the proposed rules will not have a significant economic impact on a substantial number of small businesses under 227.24 (3m).
Agency Contact Person: Scott Loomans, 101 South Webster St., PO BOX 7921, Madison, WI 53707-7921. (608) 267-2452, scott.loomans@wisconsin.gov Comment Period: The comment period closed on April 13, 2015
Section 1. NR 10.001 (20) is repealed.
Section 2. NR 10.01 (Table (2)) (a), (c) 1., (d) and (e) are amended to read:
Kind of animal and locality | Open season (all dates inclusive) | Limit |
NR 10.01 (2) (a) Ruffed grouse. |
1. Zone A as established under s. NR 10.33. | Beginning on the Saturday nearest September 15 and continuing through January 31. | Daily bag 5; possession 10 15 |
2. Zone B as established under s. NR 10.33. | Beginning on the Saturday nearest October 17 and continuing through December 8. | Daily bag 2; possession 4 6 |
4. Governor Dodge, Mill Bluff and Mirror Lake state parks. | Nov. 1 – Dec. 15. | Daily bag 2; possession 4 6 |
(c) Pheasants. 1. Cocks only |
a. In all counties of the state except the properties specified in subds. 1. b. and 2. and s. NR 10.24. | Early season—Beginning on the Saturday nearest October 17 at 12:00 noon 9:00 a.m. and continuing for 2 consecutive days | Daily bag 1; possession 2 |
| Late season—Beginning on the day immediately after the season described above and continuing through December 31 | Daily bag 2; possession 4 6 |
b. Governor Dodge, Mill Bluff and Mirror Lake state parks | Nov. 1 − Dec. 15. | Daily bag 2; possession 4 6 |
(d) Gray (Hungarian) partridge. |
1. In all counties of the state except in the areas listed in subd. 2. | Beginning on the Saturday nearest October 17 at 12:00 noon 9:00 a.m. and continuing through December 31. | Daily bag 3; possession 6 9 |
2. Clark, Marathon and Taylor counties. | None | None |
1. In all counties of the state except in the parks listed in subd. 2. | Beginning on Saturday nearest October 17 at 12:00 noon 9:00 a.m. and continuing for 54 consecutive days | Daily bag 5; possession 10 15 |
2. Governor Dodge, Mirror Lake, and Mill Bluff state parks. | Beginning on November 1 to the close of the season listed in subd. 1. | Daily bag 5; possession 10 15 |
Section 3. NR 10.01 (Table (2)) (f) 1. is amended to read:
Kind of animal and locality | Open season (all dates inclusive) | Limit |
NR 10.01 (2) (f) Wild turkey. |
1. All wild turkey hunting zones as described in s. NR 10.29, excluding state parks for which a quota has been established under s. NR 10.25 (5). | Spring seasons beginning on the third Wednesday nearest in April 13 and continuing Wednesday through Tuesday of the following week for 6 consecutive 7−day time periods, except on Ft. McCoy military reservation where the season continues for 40 consecutive days. | Only male or bearded turkeys may be killed. The possession limit corresponds to the number of carcass tags issued. |
Section 4. NR 10.01 (2) (f) (Note) is created to read:
NR 10.01 (2) (f) Note: Clearinghouse Rule 15-025 established a June 1, 2016 delayed effective date for s. NR 10.01 (2) (f) 1. In 2016, the spring wild turkey hunting season begins on the Wednesday nearest April 13 and continues Wednesday through Tuesday of the following week for 6 consecutive 7−day time periods, except on Ft. McCoy military reservation where the season continues for 40 consecutive days. Section 5. NR 10.01 (Table (2)) (f) 2., 4. and (g) are amended to read:
Kind of animal and locality | Open season (all dates inclusive) | Limit |
2. All wild turkey hunting zones as described in s. NR 10.29 and the Mill Bluff state park portion of zone 1, excluding all other state parks, for which a quota has been established under s. NR 10.25 (5). | Fall season beginning on the Saturday nearest September 15 and continuing through the Thursday Friday immediately preceding the Thanksgiving holiday. | Either sex of turkey may be killed. The possession limit corresponds to the number of carcass tags issued. |
Wild turkey hunting zones 1−5, as described in s. NR 10.29 and the Mill Bluff state park portion of zone 1, excluding all other state parks, for which a quota has been established under s. NR 10.25 (5). | Fall season reopening on the Monday immediately following Saturday immediately preceeding the Thanksgiving holiday and continuing through December 31. | Either sex of turkey may be killed. The possession limit corresponds to the number of carcass tags issued. |
Note: Glacial Heritage Area state park lands may be leased to another unit of government for management purposes and access permits to hunt turkeys on those lands would be obtained from that unit of government. |
4. Youth turkey hunt. a. Persons under the age of 16 years of age who possess a valid carcass tag issued for the current license year, and all necessary ch. 29, Stats., approvals may hunt turkeys for 2 consecutive days starting on the Saturday immediately preceding the beginning of the spring turkey hunting season established in subd. 1. in the turkey management zone for which the carcass tag was issued. Only one male or bearded turkey may be killed and shall be tagged immediately with a valid carcass tag for that zone pursuant to s. NR 10.25 (2). Hunters shall be accompanied by an adult 18 years of age or older and be in compliance with s. 29.592, Stats. One adult may not accompany more than 2 hunters and pursuant to s. 29.592, Stats., not more than one of the 2 hunters may be age 10 or 11, or be a person who does not possess a certificate of accomplishment under s. 29.591, Stats., or its equivalent from another state, country or province. All other spring turkey hunting regulations apply. |
b. A youth who does not successfully harvest a turkey during the 2−day youth hunt established in subd. 4. a. may use their unfilled carcass tag during the time period and in the zone for which the carcass tag was issued. A carcass tag that was used to tag a turkey during the 2−day youth hunt may not be reused pursuant to s. NR 10.25 (2) (b) 2. to harvest an additional turkey during the time period for which the carcass tag is valid. |
1. Statewide except in the parks listed in subd. 2. | Beginning on the Saturday nearest September 15 and continuing through the Thursday immediately preceding the gun deer season for Zone A. in sub. (3) (e) and reopening in January and continuing through March 20. The date of reopening in January shall be established each year by the department to allow for a 124−day crow season. | Daily bag 15; possession 30 45 |
2. Governor Dodge, Mill Bluff and Mirror Lake state parks. | Beginning on Nov. 1 and continuing through the Thursday immediately preceding the gun deer season for Zone A in sub. (3) (e). | Daily bag 15; possession 30 45 |
Section 6. NR 10.01 (Table (3)) (a) and (c) 2. are amended to read:
Kind of animal and locality | Open season (all dates inclusive) | Limit |
NR 10.01 (3) (a) Gray and fox squirrels. |
1. In all counties of the state except in the parks listed in subd. 2. | Beginning on the Saturday nearest September 15 and continuing through January 31. | Daily bag (total of both species) 5; possession 10 15 |
2. Governor Dodge, Mill Bluff, and Mirror Lake state parks. | Nov. 1 − Dec. 15. | Daily bag (total of both species) 5; possession 10 15 |
a. All that part of Wisconsin lying north of U. S. highway 10 from Prescott to Waupaca and state highway 54 from Waupaca to Algoma | Beginning on the Saturday nearest September 15 and continuing through the last day in February. | Daily bag 3; possession 6 9 |
b. Governor Dodge, Mill Bluff, and Mirror Lake state parks. | Nov. 1 − Dec. 15. | Daily bag 3; possession 6 9 |
c. In addition, there shall be an open season for hunting cottontails, except with the use of firearms, in Milwaukee county | All year | None |
d. In all other parts of the state | Beginning on the Saturday nearest October 17 at 12:00 noon 9:00 a.m. and continuing through the last day in February. | Daily bag 3; possession 6 9 |
Section 7. NR 10.06 (5) (Intro.) is amended to read:
NR 10.06 (5) Hunting hours. Hunting hours for bear, bow deer, crossbow deer, deer with firearms, elk and small game are 30 minutes before sunrise through 20 minutes after sunset. Hunting hours for migratory game birds are 30 minutes before sunrise to sunset. All waterfowl hunting starts at 9:00 a.m. on the first day of the duck hunting season established in s. NR 10.01 (1) (b). All pheasant hunting starts at 9:00 a.m. on the first day of the pheasant hunting season established in s. NR 10.01 (2) (c). The department shall establish the specific opening and closing times annually in the hunting regulations pamphlets. Opening and closing times for zone A southern and northern areas shall be based on astronomical data collected by the U.S. naval observatory, Washington D.C., 20392-5420 for Sheboygan, Wisconsin and Powers, Michigan, respectively. The hunting hours for the other zones shall be obtained by adding minutes to the Zone A a.m. and p.m. columns as follows:
