The statement of scope for this rule, SS 101-21 was approved by the Governor on October 22, 2021, published in Register No. 791A1 on November 1, 2021, and approved by the Natural Resources Board on May 25, 2022. This rule was approved by the Governor on November 8, 2023. ORDER OF THE STATE OF WISCONSIN NATURAL RESOURCES BOARD
REPEALING, RENUMBERING, AMENDING, REPEALING AND RECREATING AND CREATING RULES
The Wisconsin Natural Resources Board proposes an order to repeal NR 10.01 (3) (c) 2. c., 10.02 (5), (6) and (7), 10.105 (4) (g) Note and (6) (f) Note, 17.08 (3) (c) Note and 19.82; to renumber NR 10.08 (6) Note and 11.05 (2) (a); to amend NR 8.51 (16), 10.001 (10g), 10.01 (2) (f) 3. and 4. a., 10.02 (8), 10.09 (1) (d), 10.104 (8) (b), 10.105 (4) (g) and (6) (f), 10.15 (6), 12.06 (4), 12.10 (1) (b ) 2., 12.15 (11) (b), 17.08 (3) (c), 18.12 (14), and 19.51; to repeal and recreate NR 11.07 (6) (a); and to create NR 12.001 (1) (m) and 12.10 (1) (a) 6.; relating to the 2021 Bureau of Wildlife Management housekeeping rule. |
WM-09-21
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. This grant of rule-making authority allows the department to make changes related to trapping and hunting regulations. Under s. 29.164 (2) (a), Stats., the department is prohibited from requiring the possession or validation of a turkey carcass tag. In s. 29.164 (2) (c) 2., Stats., and in numerous other locations the term “authorization” is established as an alternative to “carcass tag” related to turkey hunting. In the s. 29.347 (2), Stats., provisions establishing that the department shall require the possession or validation of a deer carcass tag are eliminated.
Section 29.181 (2) (m), Stats., allows the department to establish by rule free bonus antlerless permits to eligible resident farm owners. Additionally, s. 29.885, Stats., grants the department the authority to remove or authorize the removal of a wild animal that is causing damage or that is causing a nuisance. 4. Related Statutes or Rules: There are no current active related rules.
5. Plain Language Analysis:
Section 1 amends the definition of “wildlife-related violation” to include invasive species violations.
Section 2 corrects a deleted reference to administrative code.
Section 3 corrects the closing date of the fall turkey season to match state statute and clarifies that youth turkey hunters may only harvest a single turkey during the youth turkey season.
Section 4 deletes the year-long open cottontail rabbit season in Milwaukee County.
Sections 5 and 6 simplify language related to protected wild animals.
Section 7 moves a note related to pigeons to a more appropriate place in administrative code.
Section 8 amends the definition of a muzzleloading firearm.
Sections 9-12 delete statutory references to restrictions on velvet antler possession that have been repealed.
Section 13 clarifies that the prohibition on hunting within seventy-five yards of the boundary of the Horicon Marsh Wildlife only applies on department lands.
Section 14 opens the no-entry refuge on the Richard Bong Wildlife area on December 1st instead of January 1st.
Section 15 updates the Grand River Marsh refuge boundary.
Section 16 incorporates the statutory definition of damage into administrative code.
Section 17 replaces the term “back tag” with “harvest authorizations.”
Section 18 authorizes an agent of a city, village, town or county to discharge a firearm from within 50-feet of a roadway center to shoot beaver or muskrat that are causing damage to a highway.
Section 19 clarifies that animals live trapped and relocated on private property must be put in an area with suitable habitat to ensure survival.
Section 20 allows individuals who possess any valid firearm hunting license to engage in bear damage shooting permit activities such as hunting or baiting.
Sections 21 - 22 delete an invalid statutory reference.
Section 23 deletes language which requires falconers to hold endangered species permits.
Section 24 deletes language which establishes a fee for duplicate copy of the trapper education course certification of accomplishment. It also deletes language which caps the cost of the advanced trapper education course.
