CR 19-146 Rule Text

Sections 4, 23, 24 and 29 replace outdated language in compliance with Executive Order #15.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Section 12 removes a reference to ch, NR 15 which was repealed by a previous rule.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Class B bear licenses which are no longer issued by the department and deletes a reference to a statue which has been repealed.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.

Section 27 eliminates sections of code which allow counties to request fund advancements for the wildlife damage program.

Section 28 deletes a title so that it is consistent with surrounding sections of code.

Section 30 removes tagging requirements for otters harvested at a wild fur farm and replaces it with a bag limit which would be consistent with the harvest of wild otter.

Section 31 deletes conditions of a bird dog training license which require applications to identify specific properties where the training will take place. These are no longer required by the department in a license application.

Section 33 adds raccoons to the list of animals in ch. NR 17 that may be live trapped for hound dog training since it is already allowed in ch. NR 12.

Section 34 synchronizes the experience needed to add migratory bird species to a rehab license authority with the federal requirements.

5. Summary of, and Comparison with, Existing or Proposed Federal Statutes and Regulations: States possess inherent authority to manage the wildlife resources located within their boundaries, except insofar as preempted by federal treaties and laws, including regulations established in the Federal Register. None of these rule changes violate or conflict with the provisions established in the Federal Code of Regulations.

6. Comparison with Similar Rules in Adjacent States: These rule change proposals do not represent significant policy changes and do not differ significantly from surrounding states. All surrounding states have regulations and rules in place for the management and recreational use of wild game and furbearer species that are established based on needs that are unique to that state’s resources and public desires. Also, all of Wisconsin’s neighboring states have established management units for the purpose of managing deer populations.

7. Summary of Factual Data and Analytical Methodologies Used and How Any Related Findings Support the Regulatory Approach Chosen:

Previously, statutes required the department to issue carcass tags that authorized the harvest of a deer or turkey and required validation of the carcass tag upon taking possession of the animal. The department has also required hunters to report the harvest of Canada geese within 48 hours of harvest and used that reporting information to make harvest management decisions. 2017 Wisconsin ACT 59 prohibited the department from requiring the possession or validation of a physical carcass tag for turkeys and eliminated the requirement that deer hunters possess or validate a physical deer carcass tag. Additional legislation prohibited the department from requiring reporting or registration of Canada goose harvest.

Currently individuals assisting a permittee in the removal of Canada geese causing agriculture damage in the spring (May 15 – August 31) are required to possess a valid state small game hunting license, state migratory bird stamp, and a valid federal migratory bird stamp. Federal rules do not require any licenses or stamps.

On March 15, 2019, Governor Evers issued Executive Order #15. This order directed state agencies to review administrative rules for derogatory or offensive terminology and replace it with more inclusive terminology.

The current definition of the term “submersion set” requires the trap to be half submerged when set. This inadvertently prohibited suspended body-grip traps which are set in a way that the animal and trap fall into the waterbody and are submerged after the trap is fired.  The definition is amended to allow traps which become submerged after the trap has been triggered.

2017 Act 59 transferred authority for the car killed deer program to the Department of Transportation, therefore individuals would be under contract with the department of transportation to transport car killed deer, not the department.

Under current law, there are a number of nuanced weapon and ammunition regulations that are very old and increase regulation complexity despite having little to no present evidence, other than anecdotal, that they are necessary and appropriate. In general, the current regulations seem to be a mix of “hunting ethics” and safety; the new proposal balances those interests while creating and adaptable framework for future weapon innovations in an overall simplified framework.

Currently, counties may request an advancement from the department for the costs incurred while administrating the wildlife damage program. Counties have not requested an advancement from the department in many years so this provision is likely not necessary.

The ability for the Department to issue Class B bear licenses was removed by 2015 Act 55.

EmR1215 repealed the coyote hunting season closure in Wolf Management Zone 1 and created a statewide open season. This rule went into effect on October 1, 2012 and remains effective until the date on which the permanent rules take effect, as provided in 2011 Wisconsin Act 169, section 21. This will permanently codify that section of code.

Currently, there is no age limit written into State Statute or Wisconsin Administrative for enrollment in the Wildlife Damage Abatement and Claims Program and the department has relied on case law to determine that minors are not eligible for program participation because contracts with minors cannot be enforced.

Currently, individuals assisting a permittee in the removal of Canada geese causing agriculture damage in the spring (May 15 – August 31) are required to possess a valid Wisconsin state small game hunting license, state migratory bird stamp, and a valid federal migratory bird stamp. Federal rules do not require any licenses or stamps.

Active permanent rule CR 19-017 changed the river otter framework from the quota/permit system to a bag limit/quota system. As a result of this rule, trappers would no longer be required to purchase/apply for an otter permit and would no longer be required to carry a physical tag. This rule extends the same regulations to otters harvested in a wild animal fur farm.

Current rules require an individual seeking to rehabilitate migratory birds under their rehab license authority to have 100 hours of hands-on experience in the previous two years with while allowing 25 of those hours allowed to be fulfilled by participation in seminars or courses. The federal requirements are for 100 hours of experience in the previous year and only 20 of those hours can be from participation in seminars or courses. This rule matches statute requirements with those of the USFWS.

8. Analysis and Supporting Documents Used to Determine the Effect on Small Business or in Preparation of an Economic Impact Report: These rules, and the legislation which grants the department rule-making authority, do not have fiscal effects on the private sector or small businesses. No costs to the private sector or small businesses are associated with compliance to these rules.

9. Effect on Small Business (initial regulatory flexibility analysis): These rules are applicable to individual sportspersons and impose no compliance or reporting requirements for small businesses, and no design standards are contained in the rule.

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

11. 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:

Scott Karel

Department of Natural Resources

P.O. Box 7921

Madison, WI 53707

[e-mail]