and at Public Hearing on the Statement of Scope: The department did not hold a preliminary hearing for this scope statement.
8. Comparison with Similar Rules in Adjacent States: Since migratory bird species are managed under federal law, each region of the country is organized in a specific geographic flyway which represents distinct migratory game bird populations. Wisconsin, along with Minnesota, Michigan, Illinois, and Iowa, are members of the Mississippi Flyway. Each year the states included in the flyways meet to discuss regulations and guidelines offered to the flyways by the USFWS. The USFWS regulations and guidelines apply to all states within the Flyway, and therefore the regulations in the adjoining states closely resemble the rules established in this rule order, and only differ slightly based on hunter desires, habitat, and population management goals. However, these variations fall within guidelines and sideboards established by the USFWS.
9. Summary of Factual Data and Analytical Methodologies Used and How Any Related Findings Support the Regulatory Approach Chosen: Under the federal framework for duck hunting, the USFWS is allowing Wisconsin a 60-day restrictive scaup season. This allows no more than one scaup per day for 15 days and two scaup per day for 45 days however, this restriction can be specific to each duck hunting zone. In 2021 all three zones had the same scaup season structure of 1 scaup/day for 15 days and 2 scaup/day for the final 45 days. However, after having a year with this new scaup season structure, input and feedback from North Zone and Open Water Zone hunters indicated a desire to change. This rule adjusts the North Zone and Open Water Zone scaup season structure to 2 scaup/day for the first 45 days and 1 scaup/day for the final 15 days to better match the opportunity for hunters to pursue this species in each of the two zones.
This rule also adjusts and simplifies the open water restrictions on all approved inland open water hunting lakes. In 2011 the Department identified several inland lakes that would be open to open water hunting. The decision was to set the minimum distance from shore where hunters can be without having to adhere to concealment regulations to “greater than 1000 feet” as a precaution until the Department had some time to review how this opportunity was utilized. With more than a decade of these regulations the Department feels that the 1000-foot restriction can be reduced to 500 feet which aligns the definition of open water hunting for both the inland lakes and the Great Lakes. This change simplifies regulations while adding additional open water hunting opportunity on these identified inland lakes. Department biologist staff, law enforcement staff and public input all were in support of this rule simplification
In 2020, the Department gathered public input regarding the reconfiguration of duck harvest zones. Public input favored the creation of a new Open Water Zone to allow hunters to take advantage of unique late season opportunities which exist in open waters (waters greater than 500 feet from the mainland shore) of Lake Michigan and Green Bay. The Board approved of the new zone configuration for the 2021 migratory bird season. Some issues and confusion arose regarding the Open Water Zone boundary. This rule clarifies the duck zone boundary for the Open Water Zone by updating the definition of the Open Water Zone boundary as, “waters greater than 500 feet from the mainland shore of Green Bay and Lake Michigan; for the purposes of the Open Water Zone, mainland shore includes all adjacent rooted vegetation, adjacent floating cattail and Long Tail and Little Tail points.
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 or operational standards are contained in the rule. Because this rule does not add any regulatory requirements for small businesses, the proposed rules will not have an economic impact on a substantial number of small businesses under s. 227.24(3m), Stats. 12. Agency Contact Person: Taylor Finger, Migratory Bird Specialist, 101 South Webster Street, PO Box 7921, Madison, WI 53707-7921, (608) 266-8841
13. Place where comments are to be submitted and deadline for submission:
RULE TEXT
Section 1 NR 10.001 (20) is created to read:
NR 10.001 (20): “Open Water Zone” means waters greater than 500 feet from the mainland shore of Lake Michigan and Green Bay; for the purposes of the Open Water Zone, mainland shore includes all adjacent rooted vegetation, adjacent floating cattail and Long Tail and Little Tail points.
Section 2 NR 10.01 (1) (b) is amended to read:
Kind of Animal | Locality | Open season (all dates inclusive) | Daily Bag Limit | Possession Limit |
(b) All species of wild ducks | Entire state. | As established by zone. | Sept. 25 – Oct. 10 Sept. 24 – 30 and Oct 21 – Nov 7: 6 ducks to include not more than 4 mallards of which only 2 may be a hen mallard, 2 black ducks, 1 pintail, 2 canvasbacks, 2 redheads, 1 2 scaup and 3 wood ducks. In addition, 5 mergansers to include not more than 2 hooded mergansers. | Three times the daily bag limit except opening day when it is the same as the daily bag limit and the second day when it is twice the daily bag limit. |
| | | Oct. 10- 21 Oct 1 - 20: 6 ducks to include not more than 4 mallards of which only 2 may be a hen mallard, 2 black ducks, 1 pintail, 2 canvasbacks, 2 redheads, 2 scaup (no more than 1 may be from the Southern or Open Water Zones Zone) and 3 wood ducks. In addition, 5 mergansers to include not more than 2 hooded mergansers. | |
| | | Oct. 22-30 Nov. 8 - 28: 6 ducks to include not more than 4 mallards of which only 2 may be a hen mallard, 2 black ducks, 1 pintail, 2 canvasbacks, 2 redheads, 2 scaup (no more than 1 may be from the Open Water Northern Zone) and 3 wood ducks. In addition, 5 mergansers to include not more than 2 hooded mergansers. | |
| | | Oct. 31- Dec.14 Nov. 29 – Dec. 13: 6 ducks to include not more than 4 mallards of which only 2 may be a hen mallard, 2 black ducks, 1 pintail, 2 canvasbacks, 2 redheads, 2 scaup (no more than 1 may be from the Open Water Zone) and 3 wood ducks. In addition, 5 mergansers to include not more than 2 hooded mergansers. | |
Section 3 NR 10.12 (3) (b) is repealed.
Section 4. NR 10.12 (3) (c) is amended to read:
(c) Large Lakes and Great Lakes. Blinds in open waters of the following lakes if more than 1,000 500 feet from any shoreline including islands provided blinds are securely anchored: Beaver Dam Lake in Dodge County (excluding Rakes and Trestle Works Bays), Big Green Lake in Green Lake County, Castle Rock Lake in Adams and Juneau counties (south of railroad bridge and county road G), Fence Lake in Vilas County, Green Bay, Grindstone Lake in Sawyer County, North Twin Lake in Vilas County, Petenwell flowage in Adams, Juneau and Wood counties (north of state highway 21 and south of state highway 73), Lake Michigan, Lake Superior, Lake Puckaway in Marquette and Green Lake counties (the waters west of the west end of the dredge bank, excluding the waters east of the west end of the dredge bank), Shawano Lake in Shawano County, Trout Lake in Vilas County, Lake Winnebago, Lake Wisconsin in Sauk and Columbia counties (north of railroad bridge), and Lake Wissota in Chippewa County (south of county road S and north of county road X).
Section 5. Statement of Emergency. The emergency rule procedure, pursuant to s. 227.24, Stats., is necessary and justified in establishing rules to protect the public welfare. The federal government and state legislature have delegated to the appropriate agencies rule-making authority to control the hunting of migratory birds. The State of Wisconsin must comply with federal regulations in the establishment of migratory bird hunting seasons and conditions. Federal regulations are not made available to states until the same year that the regulations must be implemented in order to have annual migratory bird hunting seasons. This order is designed to bring state hunting regulations into conformity with the federal regulations. Normal rule-making procedures will not allow the promulgation of permanent rules prior to when the seasons should be open. Failure to modify our rules will result in the failure to provide hunting opportunity and continuation of rules which conflict with federal regulations. Section 6. Effective Date. This rule takes effect upon publication in the official state newspaper, as provided in s. 227.24(1)(c), Stats. Section 7. Board adoption. This rule was approved and adopted by the State of Wisconsin Natural Resources Board on April 13, 2022.
