The statement of scope for this rule, SS 044-19 was approved by the Governor on April 29, 2019, published in Register No. 761A1 on May 6, 2019, and approved by the Natural Resources Board on June 26, 2019. This rule was approved by the Governor on February 27, 2020.
ORDER OF THE STATE OF WISCONSIN NATURAL RESOURCES BOARD
REPEALING, AMENDING, REPEALING AND RECREATING AND CREATING RULES
The Wisconsin Natural Resources Board proposes an order to repeal NR 10.001 (4), (6), (10n) and (Note), (17), (18), (23c), (23s) and (28), NR 10.23, NR 10.25 (1) (g) 3. and (Note), and (3) (a), NR 10.275 (1), NR 12.34 (1) and (2) and NR 17.01 (2) (b) and (c); to amend NR 8.045 (1) (a), (d) and (Note), (3) (intro.), and (4), NR 8.52 (2) (b) 2., NR 10.001 (5t), (9c) and (25L), NR 10.01 (intro), NR 10.06 (5), NR 10.105 (4) (intro.) and (j), NR 10.13 (1) (b) 2., NR 10.40 (3) (c) and (5) (c), NR 12.15 (2) and (11) (b), NR 10.275 (intro.), NR 12.34 (3), NR 12.41 (5) (a) 2., NR 17.04 (3) (c) (intro.) and 3., NR 17.047 (2) (b) and (3), and NR 19.73 (1) (e) 1., (2) (b) 1. And (3) (b) 2.; to repeal and recreate NR 10.01 (3) (h) 1., NR 10.09, NR 10.11 (1), NR 10.12 (5) and NR 16.18 (8); and to create NR 10.001 (23d), 10.06 (10), NR 12.15 (11) (e) and NR 12.305, relating to the 2019 Bureau of Wildlife Management housekeeping rule.
Analysis Prepared by the Department of Natural Resources
1. Statutory Authority, Statutes Interpreted and Explanation of Agency Authority:
The chapter on wild animals and plants, in s. 29.014, “rule making for this chapter”, establishes that the department shall maintain open and closed seasons for fish and game and any limits, rest days, and conditions for taking fish and game. This grant of rule-making authority allows the department to make changes related to trapping and hunting regulations. A number of provisions in 2017 Wisconsin Act 59 provide initiative for this rulemaking project. In the s. 29.164 (2) (a), Stats., the department is prohibited from requiring the possession of validation of a turkey carcass tag. In s. 29.164 (2) (c) 2. and in numerous other locations the term “authorization” is established as an alternative to “carcass tag” related to turkey hunting. In the s. 29.347 (2) Stats., provisions establishing that the department shall require the possession or validation of a deer carcass tag are eliminated. This change in policy is most clearly seen by reviewing Section 578u. of 2017 Act 59. Additionally, s. 29.885 (2) grants the department the authority to remove or authorize the removal of a wild animal that is causing damage or that is causing a nuisance.
Opening the coyote hunting season at times when a firearm deer season is also open is specifically authorized under 29.185(5) (d) which was created by 2011 ACT 169.
3. Related Statutes or Rules: This rule is related to current active rule CR 19-017.
4. Plain Language Analysis:
Section 1 replaces the term “carcass tags” with “harvest authorizations;” the more appropriate term for describing the hunting privilege that is required to hunt deer. It adds the term “harvest authorization” to the list of products that may be reprinted in the manner provided when authorized. It also adds the term “harvest authorization” so that the restrictions on reprinted tags also apply to harvest authorizations. This section specifies a harvest authorization that is identified by a unique number is a unique harvest authorization that remains as a singular harvest approval regardless of the number of reprints generated. This section also specifies that once an animal has been harvested under the authority of the harvest approval, all of the reprints are considered filled and the harvest authorization is no longer valid. Finally, it removes a reference to goose tags which are no longer issued.
Section 2 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.
Sections 3, 5, 7, 16, 18, and 19 simplify weapon and ammunition regulations for hunting by deleting minimum requirements and replace them with a simplified and adaptable framework for future weapon innovations. This also removes redundancies in code where minimum caliber restrictions were repeated for individual species.
Sections 4, 23, 24 and 29 replace outdated language in compliance with Executive Order #15.
Section 6 amends the definition of “Enclosed Trigger Trap” to allow a push and/or pull trigger.
Section 8 clarifies the boundary of the Sandhill wildlife demonstration area.
Section 10 clarifies when a body grapping trap is considered a submersion set.
Section 12 removes a reference to ch, NR 15 which was repealed by a previous rule.
Section 13 permanently codifies an active emergency rule that established a statewide open season for coyotes which has been in place since 2012.
Section 14 simplifies language regarding the opening shooting hours of the first day of the pheasant season.
Section 15 clarifies that shooting hours restrictions do not apply to the dispatch of legally trapped game.
Section 17 corrects a typo and updates code to reflect the fact that deer carcass removal can be contracted with state agencies other than the Department of Natural Resources.
Section 20 clarifies that landowners and agents of a landowner are allowed to use bait/lures outside of a trapping season for nuisance wildlife control.
Section 21 removes language establishing the Grand River experimental hunting area, which has not been utilized in decades, from administrative code.
Section 22 removes a restriction that prevents successful spring turkey applicants from receiving a Ft. McCoy military reservation turkey hunting license.
Sections 24 and 32 delete references in code to Class B bear licenses which are no longer issued by the department and deletes a reference to a statue which has been repealed.
Section 25 deletes the state and federal migratory bird stamp requirements for spring agriculture damage goose shooting permit and instead only requires the individual to possess a small game license.
Section 26 clarifies that individuals must be a legal adult, 18 years of age or older to be eligible for enrollment in the Wildlife Damage Abatement and Claims Program.