7. Comparison with Similar Rules in Adjacent States: Minnesota State Statutes allow an elk season to be held once the pre-calving population exceeds 20 elk, and elk management plans for increasing the herd may not be enacted unless evidence indicates that agricultural damage has not increased over the past two years. Michigan initiated an elk hunt in 1984. The Michigan Department of Natural Resources’ Wildlife Conservation Order specifies a set number of antlerless and “any elk” licenses that the department may issue in each elk management unit. Other neighboring states do not have a wild elk herd.
8. Summary of Factual Data and Analytical Methodologies Used and How Any Related Findings Support the Regulatory Approach Chosen: The Clam Lake Elk Herd Management Plan of 2000 and 2012 Clam Lake and Black River Elk Management Plan Amendment present the goals for each of Wisconsin’s elk herds and describe the methods for monitoring and managing the elk. The plan outlines potential conditions that indicate that the population could support a hunt, including declining productivity or survival, overbrowsing and increased dispersal or habituation. The plan also identifies hunting as a key method for managing elk in balance with their biological and social environment. Because the management plan calls for thorough and specific monitoring protocols, the department has reliable elk population estimates and a solid understanding of the Clam Lake and Black River herds’ population dynamics and trends. This will allow the department to base a hunt on current population metrics.
Ch. NR 10, Wis. Admin. Code, establishes the rules for elk hunting and elk license issuance. The proposed rule modifies Ch. NR 10 to replace the predetermined population threshold required for a hunt with language stating that a hunt would be based on current scientific metrics and management principles. The rule also eliminates the requirement for issuing a number of bull elk permits equal to 5% of the total population, in favor of issuing a number of bull permits that will maintain the population at a sustainable level. 9. Analysis and Supporting Documents Used to Determine the Effect on Small Business or in Preparation of an Economic Impact Report: Implementation of the rule is not likely to have an economic impact because management of the elk herds will not change significantly.
It is possible that hunting seasons could occur earlier under the proposed rule than it would under current rules. If that happens, local economies would receive some economic gains from elk hunting. Hunters would be expected to spend money on food, lodging, fuel, and hunting equipment. However, hunting seasons are likely to occur in the near future under either the current or proposed harvest management scenario.
The positive impacts of the current elk-related tourism are noticeable in local communities and will continue into the future. The Cable Chamber of Commerce estimates that 1,200 people visit the Clam Lake area annually to view elk and contribute approximately $175/day totaling approximately $210,000 annually to the area. Elk-related tourism in Jackson County is expected to be higher due to the ease of accessing this area via the Interstate corridor between southern Wisconsin and the Twin Cities.
10. Effect on Small Business (initial regulatory flexibility analysis): These rules direct the department’s management activities and may have implications for individual hunters, but they impose no compliance or reporting requirements for small business, nor are any design or operational standards contained in the rule.
11. Agency Contact Person: Meredith Penthorn; 608-267-2948
Kevin Wallenfang; 608-261-7589
12. Place where comments are to be submitted and deadline for submission:
Written comments may be submitted at the public hearings, by regular mail, fax or email to:
Meredith Penthorn
Department of Natural Resources
PO Box 7921, Madison, WI 53707
608-267-2918 (phone)
608-267-7857 (fax)
Hearing dates and the comment submission deadline are to be determined.
Section 1 NR 10.01 is amended to read:
10.01 Open and closed seasons. A closed season is established year-round for each species of wild animal named in this section, except during the specified open season. Seasons open to legal hunting and trapping apply to the entire locality described, except as otherwise provided in chs. NR 11 and 15. Whenever open and closed season areas are defined by highways, the boundary shall be the highway center line. No person may hunt, take, catch, or kill any animal specified in this section except during the specified open season. 10.01 (3) UPLAND GAME ANIMALS. See Table (3).
Table (3)
Kind of animal and locality | Open season (all dates inclusive) | Limit |
Elk (gun and bow seasons). |
The elk management zones established in s. NR 10.37 | Beginning on the Saturday nearest October 15 and continuing for 30 consecutive days, when the department determines, based on scientific metrics, that the local elk population estimate for zones A and B is at least 200 elk. can sustain a hunting season. Beginning the second Thursday in December and continuing for 9 consecutive days, when the department determines, based on scientific metrics, that the local elk population estimate for zones A and B is at least 200 elk. can sustain a hunting season. | One bull elk or antlerless elk as authorized by antlerless elk tag in s. NR 10.111 (5) (c). |
Section 2 NR 10.111 is amended to read:
10.111 Elk population management.
10.111 (5) Elk licenses.
10.111 (5) (b) Bull elk tag formula. The department shall determine the number of bull elk tags which shall be issued by the formula:
Number of bull elk tags available = total elk population in a zone x 5%
at a level that will maintain the elk population at the goal established for each elk management zone listed in sub. (3). Section 3. Effective Date. This rule takes effect on the first day of the month following publication in the Wisconsin Administrative Register as provided in s. 227.22 (2) (intro.), Stats. Section 4. Board adoption. This rule was approved and adopted by the State of Wisconsin Natural Resources Board on [DATE].
