The statement of scope for this rule, SS 118-20 was approved by the Governor on August 13, 2020, published in Register No. 776A4 on August 24, 2020, and approved by the Natural Resources Board on December 9, 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, CONSOLIDATING, RENUMBERING, AND AMENDING; AMENDING, REPEALING AND RECREATING AND CREATING RULES
The Wisconsin Natural Resources Board proposes an order to amend NR 10.01 (3) (i), 10.111 (3) and 10.37; to repeal and recreate NR 10.11 (2); relating to elk management. |
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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. Additionally, s. 29.182 (1) grants the Department the ability to “issue elk hunting licenses and may limit the number of elk hunters and elk harvested in any area of the state.” The department may also establish areas of the state where elk hunting is prohibited. 2. Statutory Authority: The promulgation of this rule order is authorized by s. 29.014 and s.29.182 (1), 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 creates a single, uninterrupted elk hunting season.
SECTION 2 specifies that elk tags may be only valid in a specific subunit within an elk management zone.
SECTION 3 amends the elk population goals for each elk management zone.
SECTION 4 renames the elk management zones, updates their boundaries and creates subunits within the zones.
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. 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: A preliminary public hearing on the scope statement was held on November 9, 2020. No members of the public attended the hearing or submitted written comments.
8. Comparison with Similar Rules in Adjacent States:
Only Michigan and Minnesota have regulated elk seasons. Minnesota has four separate hunting zones encompassing existing herds. Hunting is currently only allowed in two zones (20 and 30), with the majority of hunting in zone 20. Minnesota has five consecutive nine-day long seasons that take place from August 22 through November 1 plus an additional 9-day season from December 5-13. Michigan has three separate hunting "periods". Period one is Sept 1-4, Sept 18-21, and Oct 2-5. Period two is Dec 12-20. Period three is Jan 13-17. In Michigan, Elk Management Units X, H, I. Units H and I (core elk range) are closed for hunting in the September/October periods but open in the December period. Unit X is 10 counties in size, H and I combined are about half of a county in total. Michigan has a statewide elk popluation goal of 500-900 and Minnesota's population goal is 230-300.
9. Summary of Factual Data and Analytical Methodologies Used and How Any Related Findings Support the Regulatory Approach Chosen:
Current rule establishes two elk ranges that serve dual purpose as elk management zones. They include the Clam Lake zone and the Black River zone. Hunters were previously allowed to harvest elk in any part of the elk management zone. This rule changes the names and boundaries of these zones, and further divides them by creating elk hunting subunits within these zones. This will prevent the overharvest of elk in a single subunit by specifying that tags are valid in one or more subzone.
The elk season is statutorily required to begin on the Saturday nearest October 15th. It previously ran for thirty consecutive days and then reopened on the second Thursday in December and continued for nine consecutive days. This rule eliminates the current closed period between the seasons and instead offers a single consecutive ending on the Sunday nearest December 15th.
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:
Written comments may be submitted at the public hearings, by regular mail, or email to:
