CR 19-090 Rule Text

8.

Summary of Factual Data and Analytical Methodologies Used and How Any Related Findings Support the Regulatory Approach Chosen: Current rules establish properties as closed areas and wildlife refuges. These designations restrict the public’s ability to access these properties for activities during specific dates. Many of the current closed area and refuge definitions are decades old. During that time wildlife use of the property has changed. This proposed rule will update the closed area and refuges designations of all currently designated properties so that the designations reflect the current property use.

9.

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.

10.

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.

11.

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

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: Scott Karel

Department of Natural Resources

O.O.

Box 7921 Madison, WI 53707

[e-mail] 608-267-2452

608-267-7857 (fax)

Written comments may also be submitted to the Department at [e-mail].

The deadline for written comments was August 2, 2019.

(See PDF for image)

SECTION 1.   ch. NR 11 is repealed and recreated to read:

Subchapter I- General Regulations

NR 11.01 Exceptions to closed areas and refuges.

(1)

Nothing in this chapter shall prohibit the department or its fully authorized agents, the armed forces of the national guard or of the United States, or any peace officers or any person summoned by a peace officer to assist the officer in making an arrest or in preserving the peace

from entering and being on any of the below described refuges or closed areas in the performance of official duties.

(2)

Nothing in this chapter shall prohibit or hinder the department and its employees, duly authorized agents, or contractors from entering and being on any of the below described refuges or closed areas in the performance of their official duties relating to wildlife management.

(3)

Nothing in this chapter shall prohibit individuals who are participating in a department-approved learn to hunt from hunting within the boundaries of properties identified as a closed area or refuge.

Subchapter II- Game Refuges

NR 11.02 Year-round game refuge. A year-round game refuge is created in the following areas. No person may hunt or trap upon such areas or have in possession or under control any firearm as defined in s. 167.31 (1)(c) Wis. Stats., unless the firearm is unloaded and enclosed within a carrying case, crossbow unless it is unloaded and enclosed within a carrying case, or any bow unless it is unstrung or enclosed within a carrying case. This restriction does not apply to a handgun possessed by a person who is authorized by law to possess a concealed handgun in Wisconsin.

(1)

FOND DU LAC COUNTY, Mauthe Lake.

(2)

GREEN LAKE COUNTY. Rogers Memorial.

(3)

MANITOWOC COUNTY, Point Beach.

(4)

SHEBOYGAN COUNTY, Cedar Grove.

(5)

WALWORTH COUNTY, Peterkin Pond.

(6)

WAUKESHA COUNTY, Scuppernong Springs Nature Area.

(7)

WINNEBAGO COUNTY, Picnic Point.

NR 11.03 Year-round no entry wildlife refuge. A year-round wildlife refuge is established in the following areas. No person may enter such areas for any reason except for the retrieval of legally killed or crippled game in posted retrieval zones.

Note: Public entry to waters within the boundary of a refuge is not prohibited when such waters may be accessed without entry on to the refuge land.

(1)

BURNETT COUNTY, Crex Meadows.

(2)

ROCK COUNTY, Lawrence Prairie.

(See PDF for image)NR 11.04 No entry wildlife refuge (September 1-December 31). A wildlife refuge is established from September 1 to December 31 annually in the following areas. No person may hunt lands and waters within the boundary of the refuge or enter the land within the refuge boundary for any reason except for the retrieval of legally killed or crippled game in posted retrieval zones.

Note: Public entry to waters within the boundary of a refuge is not prohibited when such waters may be accessed without entry on to the refuge land.

(1)

ADAMS COUNTY, Amey Pond.

(2)

RACINE COUNTY, Tichigan.

NR 11.05 No entry wildlife refuge except gun deer and muzzleloader deer (September 1-December 31). A wildlife refuge is established from September 1 to December 31 annually in the following areas. No person may hunt lands and waters within the boundary of the refuge or enter the land within the refuge boundary for any reason except to hunt deer during the open gun and muzzleloader seasons established in s. NR 10.01 (3) (e) and (es) and except for the retrieval of legally killed or crippled game in posted retrieval zones.

Note: Public entry to waters within the boundary of a refuge is not prohibited when such waters may be accessed without entry on to the refuge land.

(1)

KENOSHA, Peat Lake.

(2)

KENOSHA COUNTY, Richard Bong Wildlife Area.