EmR1712 Rule Text

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.

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 2017 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 will continue to have the compliance and reporting requirements and follow the same operational standards as under current rules.

Agency Contact Person: Scott Loomans, 101 South Webster St., PO BOX 7921, Madison, WI 53707-7921. [phone], [e-mail]

Section 1. NR 10.08 (7) (d), as affected by Emr 1613, is amended to read:

  NR 10.08 (7) (d) Fail to keep a validated carcass tag intact and in good, legible condition so as to permit meaningful inspection by the department. Carcass tags shall remain intact except that part of a tag may be separated as designated by the department on the tag as a means of validation.

Section 2. NR 10.085 (2), (5) and (6) (b), as affected by EmR 1613, are amended to read:

  NR 10.085 (2) Validation. Any person who kills any of the species identified in this section, or if s. 29.324 Stats. applies, the person providing the carcass tag, shall immediately validate the carcass tag by separating a designated portion of the tag or by marking it as designated by the department on the tag. Failure to completely validate the carcass tag renders possession of the animal illegal and the carcass tag invalid.

  (5) Removal and retention. A carcass tag attached as required in this section may be removed from the carcass at the time of butchering or when prepared by a taxidermist, but the person who killed or obtained the animal shall retain all tags a portion of the validated tag which bears a legible tag number until the meat is consumed. The A portion of the validated carcass tag which bears a legible tag number shall be retained by the person who possesses the carcass until it is consumed.

Section 3. NR 10.085 (5) (Note), as affected by EmR 1613, is created to read:

  NR 10.085 (5) Note: Historically a registration tag or registration validation number was required to be kept with the meat until consumed in order to show proof that the animal had been registered. With the current statewide automated license system a conservation warden only needs the number origninally printed on the tag by the department in order to electronically verify if an animal was registered.

Section 4. NR 10.085 (6) (b), as affected by EmR 1613, is repealed.  

Section 5. NR 10.125 (1) (d) as affected by EmR 1613, is repealed.

Section 6. NR 10.25 (2) (a) 1., as affected by EmR 1613, is amended to read:

NR 10.25 (2)NR 10.25(2)(a)1. (a) 1. Validate the license and carcass tag by separating a designated portion of the tag or by marking it in the manner indicated by the department on the tag. Failure to follow the validation procedure in this manner invalidates the license and carcass tag.

Section 7. NR 20.07 (1v), as affected by EmR 1613, is amended to read:

NR 20.07 (1v) Fail to keep a validated lake sturgeon carcass tag intact and in good, legible condition so as to permit meaningful inspection by the department. Carcass tags shall remain intact except that part of a tag may be separated as designated by the department on the tag as a means of validation.

Section 8. NR 20.10 (7m) is created to read:

NR 20.10 (7m) Fail to keep a validated lake sturgeon carcass tag intact and in good, legible condition so as to permit meaningful inspection by the department. Carcass tags shall remain intact except that part of a tag may be separated as designated by the department on the tag as a means of validation.

Section 9. Finding of emergency. 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 emergency rule may remain in effect until July 1, 2018 or until the permanent rule is promulgated.

Section 10. Effective Date. This rule shall take effect upon publication in the Wisconsin state paper pursuant to s. 227.24 (1) (c).

Section 11. Board adoption. This rule was approved and adopted by the State of Wisconsin Natural Resources Board on March 1, 2017.

Dated at Madison, Wisconsin __________4/18/17___________________.