The statement of scope for this rule, SS 036-20 was approved by the Governor on April 20, 2020, published in Register No. 772B on April 27, 2020, and approved by the Natural Resources Board on May 27, 2020. This rule was approved by the Governor on insert date. ORDER OF THE STATE OF WISCONSIN NATURAL RESOURCES BOARD REPEALING, RENUMBERING, RENUMBERING AND AMENDING; AMENDING, AND CREATING RULES
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WM-01-20
Analysis Prepared by the Department of Natural Resources
1.
Statute Interpreted: The chapter on wild animals and plants, in s. 29.014 (1), “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.2.
Statutory Authority: The promulgation of this rule order is authorized by section 29.014, Stats.3.
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 hunting regulations.4.
Related Statutes or Rules: There are no currently active related administrative rules.5.
Plain Language Analysis:SECTION 1 the allowable forms of proof in lieu of the original fisher and otter harvest authorization to include a reprint, a conservation card, an authenticated Wisconsin Driver’s License or a digital file displayed on an electronic device.
SECTION 2 removes the requirement that an individual possess a pelt tag in order to harvest a fisher and replaces it with a harvest authorization.
SECTION 3 specifies the bag limit for the fisher harvest authorization.
SECTION 4 removes the requirement that a fisher must have a registration tag attached to the pelt.
SECTIONS 5, 6 and 7 separates registration requirements from NR 10.085, leaving only the requirements for tagging harvested game and moving any registration regulations to the newly created NR 10.086.
These sections also allow fisher and otter to be registered in a similar fashion to deer, bear, elk, turkey and sharptailed grouse. It also removes the requirement that the pelts of fisher and otter be tagged once they are separated from the carcass.
SECTIONS 8 AND 14 create a new subsection of code containing all regulations regarding the certification of harvest of certain furbearer species.
SECTIONS 9 AND 11 consolidates language moves the requirement that parts of some species of animals must submitted to the department for research purposes to one section of code.
SECTION 13 creates a new subsection of code containing all regulations regarding the registration of game.
SECTIONS 15 and 16 removes the harvest reporting requirement for fisher and otter and changes the time required to report wolf and bobcat harvest so it is consistent with other species.
6.
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. In general, hunting and trapping within the Apostle Islands National Lakeshore follows state regulations. However, in some instances, there are specific restrictions set in place by the federal government. None of these rule changes violate or conflict with the provisions established in the Federal Code of Regulations.
7.
If Held, Summary of Comments Received During Preliminary Comment Period and at Public Hearing on the Statement of Scope: The department did not hold a preliminary public hearing for this scope statement.8.
Comparison with Similar Rules in Adjacent States: Michigan, Minnesota and Iowa require in- person registration of bobcat, fisher and otter. Illinois does not require in-person registration for bobcat or otter and does not have a fisher season. Only Michigan still requires a carcass tag be attached to the hide after harvest.9.
Summary of Factual Data and Analytical Methodologies Used and How Any Related Findings Support the Regulatory Approach Chosen: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.
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.
11.
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.13.
Place where comments are to be submitted and deadline for submission:
