The statement of scope for this rule, SS 013-23 was approved by the Governor on January 26, 2023, published in Register No. 806A1 on February 6, 2023, and approved by the Natural Resources Board on February 22, 2023. This rule was approved by the Governor on insert date. ORDER OF THE STATE OF WISCONSIN NATURAL RESOURCES BOARD AMENDING, REPEALING AND RECREATING AND CREATING RULES
The Wisconsin Natural Resources Board proposes an order to amend NR 10.01 (3) (ev), 10.09 (2) (a) 1., 10.104 (7) (a) 2., (b) 2., (c) 2. and (12) (c), 10.145, 19.51 and 45.09 (5); to repeal and recreate
NR 10.105 (2); and to create NR 10.145 (4) and 12.10 (1) (b) 8. relating to the 2023 wildlife management spring hearing rule.
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Analysis Prepared by the Department of Natural Resources
1. Statute Interpreted, Statutory Authority and Explanation of Agency Authority: The chapter on wild animals and plants, in s. 29.014, Stats., “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. The department is generally charged with the care, protection, and supervision of state lands by s. 23.11 Stats. Under s. 23.09(2)(d), Stats., related to conservation, the department is directed to provide an adequate and flexible system for the use of outdoor resources in this state and may promulgate such rules as are necessary. These rules are necessary to preserve public opportunities to hunt with firearms on lands that have been acquired as areas where any citizen may hunt or trap. 2. Related Statutes or Rules: There are no current active related rules.
3. Plain Language Analysis:
SECTION 1 expands the October youth deer hunt to four consecutive days.
SECTION 2 allows the use of F-shot while hunting.
SECTION 3 removes the public/private designation on the junior antlerless deer harvest authorization.
SECTION 4 allowing the department to issue an either-sex diseased deer replacement permit if a hunter harvests an antlerless deer that is diseased.
SECTION 5 removes the requirement that hunters who quarter a deer bear or elk must divide them into no more than five parts before they are removed from the field.
SECTIONS 6 AND 7 allows anyone holding a valid trapping authorization to assist a trapper that holds a bobcat permit or harvest authorization for river otter or fisher and also holds a class A, B, C or D disability permit.
SECTION 8 allows individuals to shoot a bear in the act of attacking a domestic animal on private lands.
SECTION 9 increases the student registration fee for trapper education from $12 to $20.
SECTION 10 regulates shooting on department lands in Brown County.
4. 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.
5. If Held, Summary of Comments Received During Preliminary Comment Period and at Public Hearing on the Statement of Scope:
No preliminary public hearing was required on the Statement of Scope for this rule.
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.
7. Summary of Factual Data and Analytical Methodologies Used and How Any Related Findings Support the Regulatory Approach Chosen:
The largest shot size allowed while hunting game birds and small game animals is T. This proposal would allow F-shot, which is larger than T, to be possessed and used while hunting. F-shot is currently allowed when hunting furbearers. F-shot can be and is often used by hunters who reload their own ammunition and has been shown to pattern well for waterfowl hunting with larger gauge shotguns. Allowing F-shot would increase opportunity, simplify regulations and allow the use of a shot size that can be used safely and effectively when waterfowl hunting.
The current youth deer season begins on the Saturday nearest October 8 and runs for two consecutive days. It is only open to deer hunters who are under the age of 16. During this season all hunters, except for those pursuing waterfowl, must wear fluorescent orange or pink. This proposal would expand the youth deer hunt to four days, beginning on Thursday instead of Saturday, as recommended by the 2020 Deer Stakeholder Group. Adding two more days would allow individuals to work around inclement weather and any potential weekend conflicts.
Hunters are allowed to quarter a deer, bear, or elk in order to facilitate removal from the field. However, current rules require that the deer, bear, or elk may not be divided into more than 5 parts, not including the hide and the lower legs. Also, the head and neck must remain attached to one of the other parts of the animal, not including the hide, and all parts of animal must be removed from the field. This proposal would allow hunters to separate the carcass of the deer, bear or elk into as many parts as needed as long as all parts are removed from the field.
Currently, youth deer hunters are issued an antlerless deer harvest authorization that is valid statewide. But the hunter must select whether they want the authorization valid for public or private land. This rule proposal would eliminate the public/private designation, making the authorization valid on all property types.
Trapper education became mandatory in May 1992. The fee for the basic in person and correspondence course was originally $8. The fee for the basic and correspondence course was last increased to $12 in 2008. Fourteen years later, the $12 fee no longer covers the cost of the program. This proposal would set the basic in person and correspondence course fee at $20. The trapper education program now has an online course and this proposal will include a $20 course fee for that option.
Under current rules, anyone assisting a disabled trapper who is targeting bobcat, fisher or otter must also hold a valid permit or harvest authorization for the same species the disabled trapper is pursuing. Many of these approvals are difficult to obtain which limits the pool of individuals available to provide assistance. This proposal would make it legal for anyone holding a valid trapping authorization (trapping license,
conservation patron’s license, non-resident trapping license) to assist a trapper that holds a bobcat permit or harvest authorization for river otter or fisher and also holds a class A, B, C or D disability permit. The licensed individual may assist the disabled trapper, while in visual or voice contact without the aid of any mechanical or electronic amplifying device other than a hearing aid, by setting traps, tending traps, tagging and/or registering a bobcat, fisher or river otter..
The department may provide a free replacement permit to hunters who harvest deer that are suspected of being diseased, provided that the entire deer is surrendered to the department or is disposed of as directed by the department. That permit may only be issued for the same type of deer authorized on the approval used to harvest the suspect deer. This proposal would allow individuals to receive an either sex replacement permit if they harvest a diseased antlerless deer.
This proposal would make it legal for landowners or occupants of private lands to shoot bear in the act of killing, wounding, or biting a domestic animal without the need for written authorization from the department. Shootings would be required to be reported to department law enforcement within 24 hours and the department would have discretion on carcass disposition. This would be consistent with the authority already provided in administrative code for landowners or occupants of private lands to shoot wolves (when they are not state or federally listed as an endangered species) or cougar in the act of depredation. This authority would not cover dogs that are actively pursuing bear during either the bear dog training season or during the bear hunting season.
