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.
In the past, carcass tags have been made of a durable material that resisted damage from environmental elements and tags were required to be attached to the animal. Under the department’s current contract for a statewide automated system, tags will be printed on plain paper. Through these rules the requirement to attach carcass tags will be relaxed, but not eliminated, so that paper tags are not damaged or lost while in the field or on the water. These rules will allow a person to keep a validated carcass tag safely in a pocket or wallet while, for instance, dragging a deer out of the field. To assure compliance with the requirement to validate tags, under current and these proposed rules, hunters and anglers will be required to display the tag to the department upon request. The requirement to attach tags will still apply when an animal is left by the person who validated the tag for the animal. These rules require that information on the carcass tags remain legible and suggest that tags can be protected by enclosing them in a watertight, plastic bag such as a sandwich or snack bag.
These rules will still require that carcass tags be attached to bobcat, otter and fisher and the department will continue to issue durable carcass tags which will be produced outside of the statewide automated system. Under this rule the department could utilize paper tags through the statewide automated system if it determined that would be practical at a later time.
Electronic harvest registration is required of deer, bear and turkey hunters. These rules would expand that requirement so that elk harvest could be registered electronically. However, the option to require in-person registration is also retained. When the first elk seasons are held, the department anticipates that it may want to inspect carcasses for research purposes.
Successful sharp-tailed grouse hunters are asked to mail a registration stub, which is currently issued along with the carcass tag, to the department. However, registration is not mandatory under administrative rules and there are no citations to issue for failing to register sharp-tailed grouse. For consistency, these rules establish a requirement to register harvest with the department consistent with the requirements for deer and bear.
A policy alternative to contract with a vendor whose system would allow the issuance of carcass tags made of a material that is more durable and more difficult to duplicate illegally was evaluated. The benefits of paper tags are significant and include immediate purchase fulfillment of internet purchases, simpler equipment for vendors, and less expensive tag and license material. The requirement to electronically register most species by 5:00 on the day after harvest will reduce fraud related to the illegal duplication of permits. For the first time with this statewide automated system, conservation wardens will quickly be able to query a database to find out if an animal has been registered. In the past, registration stubs filled out by hand were not recorded into a database for weeks. The incentive to register animals is significant because a registration verification number is needed to take a harvested animal to a taxidermist, meat processor, fur dresser, or simply to possess it legally. There are additional benefits that result from the new statewide automated system which will result in new opportunities to verify compliance and which may counterbalance perceived opportunities to illegally duplicate permits.
Another provision repeals 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 by establishing that they are valid statewide except in units without an antlerless quota. 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 in effect in 2014 and in 2015. Based on experience gained by the department during the previous two seasons, it is assumed that regulations in place for those years were accepted by the public and there is no need to implement the more complicated regulations that were scheduled to be in effect for 2016.
Anticipated Private Sector Costs and Economic Impact of Implementing the Rule: No economic impacts are anticipated as a result of these rules. The department currently contracts with a vendor and provides automated licensing to the public at private retail outlets, department service centers, and online. Following these rules, the same basic framework of license delivery would still be in place.
The department anticipates improved delivery of services and continued high levels of customer satisfaction because more services will be available at all locations and through the internet. These proposals will generally contribute to providing access to opportunities for hunting, fishing, trapping and other outdoor activities and maintenance of the economic activity generated by people who participate in those activities. The long range implications of this rule proposal will be the same as the short term impacts in that access to outdoor recreational activities will continue or improve and that activity will continue to generate economic activity.
These rules are primarily applicable to individuals and impose no new compliance or reporting requirements for small business. Vendors who choose to serve as department license outlets would continue to have compliance and reporting requirements and follow operational standards, however, we do not anticipate that those will be significantly different than what is currently required of vendors.
These rules will not modify the actual fees for any licenses, permits, registrations, or trail use stickers.
Pursuant to the Governor’s Executive Order 50, Section II, this will be a level 3 economic impact analysis for the permanent version of this rule. For the comparable permanent rule, a notice for Solicitation of comments on this analysis will be posted on the department’s website in the spring season of 2016 and various interest groups may be contacted by email.
Effects on Small Business: The department currently contracts with a vendor and provides automated licensing to the public at private retail outlets, department service centers, and online. Following these rules, the same basic framework of license delivery would still be in place.
These rules are primarily applicable to individuals and impose no new compliance or reporting requirements for small business. Vendors who choose to serve as department license outlets would continue to have compliance and reporting requirements and follow operational standards, however, we do not anticipate that those will be significantly different than what is currently required of vendors.
Agency Contact Person: Linda Olver, 101 South Webster St., PO BOX 7921, Madison, WI 53707-7921. (608) 264-8985, linda.olver@wisconsin.gov Section 1. Subch. I - NR 8 (title) is amended to read:
Subch. I - NR 8. Standards and Procedures for the Statewide Automated License Issuance System.
Section 2. NR 8.01 (1) is repealed and recreated to read:
NR 8.01 (1) “Authenticated”, for purposes of s. NR 8.045, means the department or agent appointed under s. 29.024 (6) (a), Stats., in the presence of an applicant, has physically handled an applicant’s operator’s license and verified, using department of transportation records, the applicant’s identity and that the applicant’s customer account is properly linked to the operator’s license. Section 3. NR 8.01 (2) is repealed.
Section 4. NR 8.01 (3m) is created to read:
NR 8.01 (3m) “Digital file”, for purposes of s. NR 8.045, means a portable document format (pdf) file. Section 5. NR 8.01 (5) and (6) are repealed.
Section 6. NR 8.02 is amended to read:
NR 8.02 Authorization to issue approvals. All license agents shall issue all department approvals or federal approvals designated by the department to be issued through the statewide automated licensing system, except for approvals designated by the department to be issued only by the department or by specified license agents.
Section 7. NR 8.03 (2) (b) is repealed.
Section 8. NR 8.03 (2) (c) (Intro.) is amended to read:
NR 8.03 (2) (c) All license agent applicants not included in par. (a) or (b) shall be considered for approval by the department. Factors which may be considered for approval of an application include, but are not limited to the following:
Section 9. NR 8.03 (3) (b) is repealed.
