This proposal will continue to restrict the size of steel jawed traps not placed as water sets when used during the early part of the wolf season, through November 30, from a maximum jaw spread of 8 inches to a maximum of 7 inches. This is intended to prevent the incidental catch and retention of bears at times when they are normally still active. This rule would maintain regulations on the allowable times for use and the dimensions and mechanical requirements of cable restraints to capture wolves. A cable restraint is a device used for restraining furbearers without injuring them which consists of a non-spring activated galvanized aircraft cable which includes a relaxing mechanical lock, stops, and swivel set in a non-entanglement manner. Cable restraints meeting certain specifications are currently legal for use at certain times for fox, coyote and bobcat. Under this proposal, cable restraint use for wolves continues to be restricted to times when black bears are normally not active to prevent incidental capture and retention of bears.
Hunting and trapping are currently prohibited by the department in the Necedah National Wildlife Refuge but there are a number of exceptions. As the landowner, the Fish & Wildlife Service already has the ability to allow or prohibit hunting and trapping and service staff people can enforce federal regulations. The proposed rule also allows enforcement of special closed area regulations by the department. The proposed rule does not require the service to allow wolf hunting or trapping but is necessary if the service decides to allow wolf hunting.
Wolf depredation management is an important aspect of wolf management in Wisconsin. The department is charged with protecting and maintaining a viable population of wolves, but also must protect the interests of people who suffer losses due to wolf depredation. Wolves occasionally kill livestock, poultry, and pets. Although wolf depredation does not impact a significant portion of livestock growers, poultry producers, and pet owners, it brings hardship to individuals who experience incidents of depredation. The department administered a wolf depredation program while wolves were listed on the federal endangered species list. An emergency rule promulgated in 2012, EmR1210, created a similar but more detailed wolf damage program which has been utilized during periods when were not listed. For example, in 2020 the department paid approximately $228,694.32 in claims to owners of animals under the existing program for depredation caused by wolves. This rulemaking will continue the wolf depredation management program that was established by the emergency rule.
To remain consistent with compensation eligibility requirements for other species, this rule continues a requirement that landowners must allow access to the public for hunting and trapping wolves to be eligible for depredation compensation. Landowners could restrict the use of hunting with the aid of dogs for tracking and trailing if trespass on neighboring lands is perceived to be an issue. In order to minimize the use of lethal control, the proposal also continues a requirement that individuals seeking wolf depredation compensation must cooperate with the implementation of any recommended abatement.
These rules clarify that anyone seeking wolf depredation compensation must allow access to the department or its agent to inspect property and any abatement techniques being used. The proposal maintains that a panel of three representatives from Dept. of Agriculture, Trade and Consumer Protection, UW-Extension, and Wisconsin Farm Bureau Federal can defer the establishment of maximum payments amounts to another expert in the event the type of animal whose value is being evaluated is outside of their area of expertise. Consistent with its past administration of the wolf depredation compensation program, the department will not pay any wolf depredation claims until after December 31 of each year so that the level of program funding is known when payments are made. The department will also pro-rate claims if funds are not sufficient to pay all claims. The rule also creates an enhanced reimbursement rate for producers that have multiple confirmed livestock depredation events within the same grazing season which is a new requirement and was not found in EmR1210. These rules will continue to allow persons with a valid hunting license of any kind to assist a person who has a wolf removal permit. For most species the appropriate license for that species is required to assist someone with a removal permit, however, because wolf harvesting licenses will be limited by a drawing, expanding the types of licenses needed to assist permittees under the damage program is needed. Individuals assisting a permittee using trapping methods would need to possess a valid Wisconsin trapping license.
Finally, this proposes a “one-for-five” rule under which producers would be eligible to receive compensation for up to 5 additional calves for every verified or probable wolf depredation. This provision is based on the department’s actual payment history for missing calves and continues to acknowledge that there is not always verifiable evidence of depredation on calves.
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 a significant economic or fiscal effect on businesses, business sectors, public utility rate payers, local government units, or the state’s economy as a whole. No significant costs are associated with compliance to these rule revisions. Implementing a wolf season will have a direct minor positive economic impact to both the department and various small businesses. During the first three years in which the department had the authority to conduct a wolf harvest season, an average of 17,000 people per year submitted applications for a wolf license. This brought in an average of $247,781 in annual revenue for the department. People who hunt or trap wolves may reside anywhere in the state but are likely to hunt and trap in the northern third of the state where most wolves are found. This will result in increased purchases of lodging services in those areas. Some hunters/trappers will need to be assisted by paid guides in order to have a high likelihood of success. The gear used for wolf hunting will be similar to that used for deer or furbearers and that, combined with the low number of hunters, means there will be limited new retail expenditures. Successful hunters and trappers will contribute economically through the sales of wolf pelts or, more often, the purchase of taxidermy services. These will be minor contributions overall but for an individual taxidermist, guide, or motel owner who receives extra work, the impact is worth noting.
This rulemaking will allow Wisconsin to manage wolves to population levels that are consistent with the department’s management objectives for wolves. Wolf harvest may result in fewer wolf conflicts and reduced wolf depredation on domestic animals. Under previous requirements of law, the department reimburses owners for the fair market value of domestic animals killed, or veterinary services, in wolf depredation incidents. A reduction in depredation will result in less time investigating damage, filling claims, and working with agency staff who administer the program. Individual producers who are concerned about livestock depredation are likely to view a hunting season as very important to them economically.
The department does not anticipate that there will be significant conflict in the field between people pursuing different outdoor recreational opportunities. It is possible that some wildlife watchers who seek wolves for viewing opportunities may be concerned about user conflict, however, and will be less active. They may initially spend less money travelling and pursuing these activities,
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:
Scott Karel, Wildlife Regulation Policy Specialist, 101 South Webster St., Madison, WI 53707. (608) 267-2452. scottr.karel@wisconsin.gov 13. Place where comments are to be submitted and deadline for submission:
RULE TEXT
Section 1. NR 10.001(21q) (23c) and (23 cd) are created to read:
NR 10.001(21q) "Point of kill" means the location at which a flashlight is used to illuminate and kill a wild animal whose position or location is already known by the hunter, such as a tree a hound has treed an animal, for the purpose of accurately identifying the animal, safely aiming the weapon and killing the animal. It does not include shining a light on fields, forests or other areas in general for the purpose of searching for or attempting to locate wild animals for which the hunter does not already know the specific location
(23c) “Reservation” means the federally established reservation of a tribe.
(23cd) “Reservation wolf” means a wolf whose territory and activities overlaps a reservation 50% or more of the time based upon the department’s population monitoring.
Section 2. NR 10.001 (25c) is amended to read:
NR 10.001(25c) "Small game" means all varieties of wild mammals and birds for which there is an open season, but does not include deer, moose, elk, bear, wolf, wild turkey or endangered, threatened or protected species of game. For the purpose of s. 167.31 (4) (e), Stats., small game does include wild turkeys. Section 3. NR 10.001(26g) and (33) are created to read:
NR 10.001(26g) “Tribe” means a federally recognized American Indian tribe or band in this state.
(33) “Wolf Management Zone” means a zone established pursuant to s. 29.185 (5) (b), Stats., for the purpose of managing wolves and regulating wolf harvest Section 4. NR 10.01(3)(j) is created to read:
Kind of animal and locality | Open season (all dates inclusive) | Limit |
NR 10.01(3)(j) Wolf hunting and trapping in the wolf harvesting zone or zones established in s. NR 10.295 that are specified on the carcass tag unless such zone or zones have been closed under s. NR 10.14. | First Saturday in November – last day of February unless department determines that an earlier closure is necessary to effectively manage the state’s wolf population pursuant to s. 29.185(5)(c), Stats. | One wolf per license and wolf carcass tag issued under s. 29.1185 (7) (a) Stats.. |
Section 5. NR 10.02 (1) (a) is renumbered (1) and as renumbered is amended to read:
NR 10.02(1)(a) Except as provided in par. (b), cougar, Cougar, Canada lynx, badger, moose, gray wolf, wolverine and flying squirrel.
Section 6. NR 10.02 (1) (b) and NR 10.02 (12) as amended by CR 23-013 are repealed. Section 7. NR 10.03 is created to read:
(1) Threats to humans. An individual may shoot and kill any wild animal that poses an immediate threat to human health and safety. Shootings shall be reported within 24 hours to a department conservation warden. The carcass of the animal shall be turned over to the department.
(2) Threats to livestock. On private land, the landowner, lessee or occupant of the land, or any other person with permission of the landowner, lessee or occupant may shoot and kill any bear, wolf or cougar in the act of attacking, killing, wounding or biting a domestic animal. Shootings shall be reported within 24 hours to a department conservation warden. The carcass of the bear, wolf or cougar shall be turned over to the department. This section only applies to wolves when wolves are not on the federal or state list of endangered species.
Section 8. NR 10.06 (5) and (8) are amended to read:
NR 10.06(5) Shooting hours. Shooting hours for bear, bow deer, deer with firearms, elk and small game , small game and wolves are 30 minutes before sunrise through 20 minutes after sunset. Shooting hours for migratory game birds are 30 minutes before sunrise to sunset except for teal during a season for hunting teal species only. The hours for shooting teal during a teal−only season shall be sunrise through 7:00 p.m. except on the first day when shooting hours begin at 9:00 a.m. Shooting hours for the first day of the pheasant hunting season established in s. NR 10.01 (2) (c) begin at 9:00 a.m. The department shall establish the specific opening and closing times annually in the hunting regulations pamphlets. Opening and closing times for zone A southern and northern areas shall be based on astronomical data collected by the U.S. naval observatory, Washington D.C., 20392−5420 for Sheboygan, Wisconsin and Powers, Michigan, respectively. The shooting hours for the other zones shall be obtained by adding minutes to the Zone A a.m. and p.m. columns as follows: Zone Adjustment
B ----- Add 4 minutes
C ----- Add 8 minutes
D ----- Add 12 minutes
E ----- Add 16 minutes
F ----- Add 20 minutes
(8) EXCEPTIONS. There are no hunting hour restrictions for pursuing coyote, fox, raccoon and all wild animals for which no closed season is established, or for wolves beginning with the first Monday that follows the last day of the regular season established under s. NR 10.01(3) (e) that is open to hunting deer with firearms and ending on the last day of February of the following year, except that shooting hours established in sub. (5) shall apply to archers and crossbow hunters pursuing any species during the black bear season established in s. NR 10.01 (3) (g), during the archery and crossbow deer seasons established in s. NR 10.01 (3) (em) and (ep), and during the elk season established in s. NR 10.01 (3) (i). Section 9. NR 10.06 (8) (note) is created to read:
Note: If hunting at night for wolves, additional requirements are established in s. NR 10.07(3). Section 10. NR 10.07 (1) (c) and (m) are created to read:
NR 10.07(1) (c) Wolf dens. Molest or destroy a wolf den.
(m) Telemetry devices. Use telemetry or similar equipment to locate, pursue or hunt any wolf that has electronic transmitters attached to it unless authorized by the department. No person may hunt or pursue wolves while in possession of a radio-telemetry receiver except with the aid of dogs that are equipped with transmitters and the device is only used for the purpose of locating transmitters attached to the dogs.
