Repealing, Renumbering, Renumbering and Amending, Amending, Repealing and Recreating, and Creating Rules
The statement of scope for this rule, SS 145-15, was approved by the Governor on December 22, 2015, published in Register No. 721A1 on January 4, 2016 and approved by the Natural Resources Board on January 27, 2016. This emergency rule was approved by the Governor on March 4, 2016. The Wisconsin Natural Resources Board proposes an order to repeal Ch. NR 8.01 (2), (5), and (6), 8.03 (2) (b) and (3) (b), 8.05, 10.103 (Note), 10.104 (7) (a) 2m., (7) (b) 2m., and (7) (c) 2m., 10.105 (2), 10.106 (2) (a) to (c) and (3), 10.11 (3), (4) (Intro.) and (a), (5), and (6), 10.125 (3) (a) to (c), 10.145 (5) and (6), and 10.25 (3); to renumber NR 10.106 (1), 10.145 (7) and (8), and 10.25 (4) and (5); to renumber and amend NR 10.106 (2) (Intro.) and 10.11 (4) (b); to amend NR Subch. I - NR 8 (title), 8.02, 8.03 (2) (c) (Intro.), 8.04 (1) (a) and (b), 8.07, 8.52 (1) (b) 2., (c) 2. and (d) 2., 8.54 (1) (a) 2. and (b), 10.08 (Intro.), 10.103 (1), 10.104 (7) (a) 2., (7) (b) 2., (7) (c) 2., and (9), 10.125 (1) (d) and (3) (Intro.), 10.25 (2) (a) 1., 12.06 (10), 12.15 (5) (a), 20.07 (1) and (Note) and (2) to (5), 20.10 (4), (5) to (7), (8), (10), and (11), 23.12 (1) and (Note) and (2) to (4); to repeal and recreate NR 8.01 (1), 10.101 (3), 10.103 (2), 10.105 (1), 10.11 (2) 10.145 (4), 10.25 (2), 10.26 (2), 12.16 (5); and to create NR 8.01 (3m), 8.045, 10.08 (7) and (Note), 10.085, 12.10 (12), 20.07 (1m), (1r), (Note), (1v), (6), and (7), 20.10 (4m), (7m), and (12), 23.12 (1m), (1r), (Note), and (1v), 23.12 (5) and (6); related to Customer and Outreach Services rules related to the automated system for delivering recreational license products. CS-04-16(E)
Analysis Prepared by the Department of Natural Resources
Statutory Authority and Explanation of Agency Authority: Non-statutory provisions of 2015 Act 89 establish that the department may enact these rules using the process for emergency rules without finding that promulgating a rule is necessary for the preservation of public peace, health, safety, or welfare. The emergency rule may remain in effect until July 1, 2018 or until the permanent rule is promulgated. The chapter on conservation, in s. 23.47 created in 2015 Act 89, establishes the department may promulgate rules relating to forms of acceptable proof of an approval, electronic retrieval of information, and reprints of approvals and safety certificates. The chapter on wild animals and plants, in s. 29.014, “rule making for this chapter”, establishes that the department shall establish and maintain conditions for taking fish and game. This grant of rule-making authority allows the department to promulgate rules related to the licensing, use of harvest permits, and other regulations necessary to conserve the fish and game supply and ensure the citizens of this state continued opportunities for good fishing, hunting, and trapping. Wisconsin’s boundary waters with other states are popular hunting, fishing, and trapping locations. Specific authority to regulate hunting and fishing in and on all interstate boundary waters and outlying waters is established in s. 29.041. 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. This authority could apply if property-specific permits currently issued by the department are converted to electronic permit delivery. Statutes Interpreted and Explanation: Nonstatutory provisions of 2015 Act 89 establish that the department may enact these rules using the process for emergency rules without finding that promulgating a rule is necessary for the preservation of public peace, health, safety, or welfare. The chapter on conservation, in s. 23.47 created in 2015 Act 89, establishes the department may promulgate rules relating to forms of acceptable proof of an approval, electronic retrieval of information, and reprints of approvals and safety certificates. The chapter on wild animals and plants, in s. 29.014, “rule making for this chapter”, establishes that the department shall establish and maintain conditions for taking fish and game. Wisconsin’s boundary waters with other states are popular hunting, fishing and trapping locations. Specific authority to regulate hunting and fishing in and on all interstate boundary waters and outlying waters is established in s.29.041. Related Statute or Rule: The department is also promulgating permanent rules which will be similar to these emergency rules. The statement of scope for the permanent rule is the same document through which this emergency rule was approved, SS 145-15 approved by the Governor on December 22, 2015, published in Register No. 721A1 on January 4, 2016 and approved by the Natural Resources Board on January 27, 2016. Plain Language Rule Analysis: These rules will modernize Wisconsin’s automated system for delivering recreational license products. This will result in better access to products, faster delivery of special permits and registrations, and improved customer service and satisfaction.
Sections 1, 6, 13, 14, and 15 of these rules replaces the outdated term “automated license issuance system” with the more generic “statewide automated system” to align with the terminology used in s. 23.47, Stats.
Section 2 repeals an unnecessary definition of “approval” and creates a definition of “authenticated” that identifies the conditions under which a Wisconsin operator’s license is valid as a form of proof of holding an approval.
Section 3 repeals the definition of “automated license issuance system”, a term that is no longer used in NR 8. While “automated license issuance system” is being replaced through NR 8 with “statewide automated system”, it is not necessary to define “statewide automated system”.
Section 4 creates a definition of “digital file” that specifies the file format type as a pdf file issued by the department for purposes of displaying on an electronic device as proof of holding an approval.
Section 5 repeals unnecessary definitions of “retail agent” and “service provider”.
Section 7 repeals an outdated deadline to submit license agent applications.
Section 8 makes housekeeping changes to correct reference to a sub. and removes superfluous language.
Section 9 repeals a requirement that has been eliminated. Previously, all license agents were required to enter into an agreement with the service provider covering the maintenance and support of the electronic license equipment.
Section 10 clarifies an applicant shall sign the purchase receipt attesting to their residency and that their privileges for all approvals issued have not been suspended in addition to being revoked, eliminates the unnecessary phrase “in a court of law”, and eliminates the requirement to carry the signed approval while exercising privileges authorized by the department, consistent with the change made in 2015 Act 89. Section 11 establishes the alternative forms of acceptable proof of items that are issued by the department’s statewide automated system and the locations at and times during which those forms of proof are valid. For hunting licenses, hunting stamps, trapping licenses, guide licenses, and wild rice harvest licenses, and fishing approvals and stamps used on inland waters that are not boundary waters or outlying waters, acceptable alternative forms of proof include a reprint of the original approval, a Wisconsin driver’s license, a conservation card, or a digital file displayed on an electronic device. For fishing licenses and fishing stamps used while fishing on inland waters that are boundary waters or while fishing on outlying waters, acceptable forms of proof include a reprint of the original approval. For hunter education, bow hunter education, elk hunter education, and trapper education certificates of accomplishment, acceptable alternative forms of proof include a reprint of the original approval, a Wisconsin driver’s license, a conservation card, or a digital file displayed on an electronic device. For atv/utv, boating, and snowmobile safety certificates, acceptable alternative forms of proof include a reprint of the original or a digital file displayed on an electronic device. For temporary operating receipts issued for atv/utv, boat, or snowmobile registration or temporary trail use receipts issued for atv/utv and snowmobile trail passes, the only alternative forms of proof allowed is a digital file displayed on an electronic device. For a unique carcass tag for bear, deer, goose, grouse, sturgeon or turkey that has not been validated, the only alternative form of proof allowed is a reprint of the original approval. This section stipulates that once a person harvests a bear, deer, goose, grouse, sturgeon or turkey under the authority of an unfilled carcass tag, that tag is considered filled and may no longer be reprinted. Lastly, this section establishes a person may obtain a reprint by printing a high-quality hard-copy themselves, requesting the department reprint the approval at a Service Center, or requesting a license agent reprint the approval.
Section 12 repeals a rule provision regarding telephone issuance of approvals deemed unnecessary, as this rule provision recreates department authority already provided in statute.
Sections 16 and 17 of these rules consolidate requirements for the possession and transportation of certain game species in one location and makes the requirements more consistent among all of the species affected. All of the provisions of this section are in place under current rules.
Section 18 establishes new regulations for the tagging and registration of game, consolidates existing regulatory information in one location, and makes regulations consistent among the species affected. The new rule provisions eliminate requirements that carcass tags be validated by marking the tag with a knife so that writing on the tag can be another way to validate them. These rules also eliminate the requirement that carcass tags be immediately attached after harvesting an animal, which will prevent loss or damage to carcass tags which are paper instead of a more durable material. It would still be required to display the carcass tag upon the department’s request or to attach the tag any time the carcass is left unattended by the person who tagged the animal. The species affected are the ones for which the department requires carcass tags and includes: deer, bear, elk, wild turkey, sharp-tailed grouse, Canada goose when extra harvest control measures are being implemented, bobcat, fisher, otter, and wolves when they are not listed as a threatened or endangered species.
Section 19 repeals detailed descriptions of the requirements for validating, attaching, and removal and retention of bear carcass tags and establishes a cross reference to the new location for that information.
Sections 20 to 22 repeal a prohibition of possessing a validated deer carcass tag while hunting and not also in possession of a deer carcass. This prohibition is re-established in Sections 16 and 17 of these rules, and would apply for other permit species in addition to deer.
Sections 23 to 28 repeal rules that were to be effective for the first time in 2016 and would have modified the allowable uses of antlerless tags issued with an archer or crossbow license. This rule will maintain that antlerless tags are valid in a farmland zone unit of the buyer’s choice and will result in no change compared with rules in effect in 2014 and in 2015. These sections will maintain that antlerless permits issued with the purchase of a firearm, archer, or crossbow license are not weapon or season specific, but the holder must possess the correct license for the method of harvest and season, which will also result in no change compared with rules previously in effect.
Section 29 corrects a drafting error from previous rulemaking.
Sections 30 and 31 repeal detailed descriptions of the requirements for possessing and transporting deer and bear and establish a cross reference to the new location for that information.
Section 32 moves language that establishes regulations for quartering deer and bear carcasses in the field to a more appropriate subsection.
Sections 33 and 34 repeal detailed descriptions of the requirements for registering and for tagging registered deer and bear and establishes a cross reference to the new location for that information.
Sections 35 to 38 repeal requirements and prohibitions related to transportation of elk, elk carcass tags, and the registration of harvested elk. This language is reestablished in Sections 16 and 17 of these rules and is more consistent with comparable requirements for other species. Finally, Section 38 also repeals a cross reference to the hunting hours for elk which may be superfluous language considering that similar cross references to the section establishing all hunting hours are not found where the regulations for other species are established.
Sections 39 to 41 amend detailed descriptions of the requirements for tagging, possessing and transporting Canada geese and establish a cross reference to the new location for that information. The department’s ability to require that Canada geese harvested in the Horicon be tagged is not currently being utilized but this language is being updated in case that harvest control measure is needed in the future.
Sections 42 to 44 repeal requirements for tagging, recording of harvest, possessing, and transferring harvested bobcat, otter, fisher, and wolf. A cross reference to the new location for that information is established. It will still be necessary to physically attach a pelt tag to these species immediately upon harvest and registration of the pelts at a department location will still be required. However, if the department determines that not attaching carcass tags would be feasible in the future, the department would have the flexibility to allow that practice.
Sections 45 to 48 repeal detailed descriptions of the requirements for tagging and registering wild turkeys and establish a cross reference to the new location for that information.
Section 49 repeals a detailed description of the requirements for tagging sharp-tailed grouse and establishes a cross reference to the new location for that information.
Sections 50 to 53 repeal detailed descriptions of the requirements for tagging and registering deer harvested under the authority of nuisance and damage permits in Ch. NR 12 and establish a cross reference to the new location for that information in Ch. NR 10. Sections 54 to 57 regard hook and line angling for lake sturgeon on certain inland rivers and Lake Superior; Sections 58 to 63 regard lake sturgeon spearing on Lake Winnebago and spearing on nearby upriver lakes; and Sections 64 to 67 regard hook and line angling for lake sturgeon on Wisconsin-Michigan boundary waters. All of these sections update rules for the tagging and registration of lake sturgeon harvested during the existing hook‑and‑line and spearing seasons. The rule provisions eliminate requirements that a carcass tag be validated by marking it with a knife. Instead, people who harvest sturgeon must follow the validation directions written on the carcass tags: writing the date of harvest. These sections also eliminate the requirement that carcass tags be immediately attached after harvesting an animal, which will prevent loss or damage to carcass tags which are paper instead of a more durable material. Anglers will be required to display the carcass tag upon the department’s request or to attach the tag any time the carcass is left unattended by the person who tagged the animal. The rule also clarifies that the person who harvested the sturgeon must be the person who registers a sturgeon at a department registration station.
Federal Regulatory Analysis: States may manage the fish and 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.
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. Wisconsin annually adjusts migratory bird seasons and regulations in order to stay within the federal framework. Comparison with rules in Adjacent States: Wisconsin’s surrounding states have comparable systems for the delivery of licensing products. Minnesota, Iowa, and Indiana all utilize print-on-demand systems with plain paper. Michigan still uses a durable paper system with equipment supported by their agency. Minnesota, Iowa, Illinois and Indiana all utilize electronic harvest reporting or registration systems.
Summary of Factual Data and Analytical Methodologies: The policies in this rule are consistent with past policies of issuing recreational licenses through an electronic based system using a network of local vendors and department offices.
Participants in outdoor recreational activities are a primary entity who will be affected by the proposed rule. Activities licensed by the department include hunting, fishing and trapping, as well as permits/passes/registrations for state parks, boats, snowmobiles, all-terrain vehicles. Private vendors who contract with the department to issue licenses will also be affected by the proposed rules. Those include a range of retail outlets such as convenience stores, department stores, small sporting goods shops, as well as large retailers of outdoors-related merchandise. In nearly all situations, the effects are likely to be minimal but would result in improved delivery and access to services.
Various methods to manage the public harvest of wild animals or sturgeon are available to the department. The department requires the use of carcass tags for certain species when that will assure equitable distribution of harvest, regulations compliance, or to limit harvest to a very specific level. Hunters purchase tags or, when demand exceeds supply, apply to be included in random drawings for tags.
For wildlife species, carcass tags are required to hunt or trap deer, bear, elk, wild turkey, sharp-tailed grouse, Canada goose when extra harvest control measures are being implemented, bobcat, fisher, otter, and wolves when they are not listed as a threatened or endangered species. A carcass tag is also required when an angler intends to harvest, or keep, a lake sturgeon during an open fishing season.
Immediately upon harvesting an animal for which a carcass tag is required, the carcass tag must be validated. Under current rules, this is done by cutting the corresponding tag with marks for information such as the date and time of harvest. Under these proposed rules, the department will be able to allow carcass tags to be validated by other methods as indicated on the tag. This will allow hunters and anglers to write on the tag which may allow hunters to record more information than under current rules.
