Rule-Making Notices (Hearing Notices)

Effects on small business for WM-11-14(E) related to teal and mourning dove hunting seasons

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.

Board Order WM-04-14(E) Related to Migratory Bird Hunting Regulations

Plain language analysis of WM-04-14(E) related to migratory bird hunting regulations

This emergency rule order will modify regulations for migratory bird hunting during the 2014 seasons.

Section 1 of these rules reduces the daily bag limit for canvasback ducks from two birds to one.

Sections 2 and 3 increase the season harvest limit for Canada geese in the Horicon Zone from six birds to twelve. The daily bag limit will be unchanged and continues to be two birds.

Summary of, and comparison with, existing or proposed federal regulations for WM-04-14(E) related to migratory bird hunting regulations

Under international treaty and Federal law, migratory game bird seasons are closed unless opened annually via the U.S. Fish and Wildlife Service (USFWS) regulations process. As part of the Federal rule process, the USFWS proposes a duck harvest-management objective that balances hunting opportunities with the desire to achieve waterfowl population goals identified in the North American Waterfowl Management Plan (NAWMP). Under this harvest-management objective, the relative importance of hunting opportunity increases as duck populations approach the goals in the NAWMP. Thus, hunting opportunity would be maximized when the population is at or above goals.

Wisconsin Canada goose harvest is supported by two different Canada goose populations; the local giant Canada geese which are part of the Temperate Breeding Population (TBP) of the Mississippi Flyway provide about 40% of our fall harvest while the Mississippi Valley Population (MVP) that breeds in northern Ontario provide about 60% of the fall harvest. These two populations are managed under cooperative management plans developed by several states and provinces. The TBP population has steadily grown and management goals are to provide additional harvest opportunity and control population growth. In contrast, the MVP population has been on a slow decline so management objectives are to maintain a lower rate of harvest and have a stable or increasing population.

The proposed modifications included in this rule order are consistent with these parameters and guidelines which are annually established by the USFWS in 50 CFR 20.

Comparison with rules in adjacent states for WM-04-14(E) related to migratory bird hunting regulations

Since migratory bird species are managed under international treaty, each region of the country is organized in a specific geographic flyway which represents an individual migratory population of migratory game birds. 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.

Summary of factual data and analytical methodologies for WM-04-14(E) related to migratory bird hunting regulations

The department annually promulgates an emergency rule establishing the same year's migratory bird hunting regulations. The emergency rule is necessary because migratory game bird hunting is regulated by the United States Fish & Wildlife Service which offers a final season framework to Wisconsin on approximately August 1 each year. This timeframe does not allow for promulgation of a permanent rule prior to the hunting season.

For the regular duck season, a data based process called Adaptive Harvest Management is used annually by the USFWS and the Flyways to determine which of 3 framework alternatives best matches the current year's data on populations and habitat (data from the spring pond and duck survey). The option of a closed season is also possible if survey conditions indicated that this is necessary for the management of duck populations. The determination of which alternative is selected is based in part on the spring wetland conditions on the breeding grounds and the Mid-Continent Mallard population. These data come from the May Pond and Breeding Waterfowl Population Surveys conducted by the USFWS and Canadian Wildlife Service on traditional survey areas as well as surveys from select states, including Wisconsin. In addition, harvest strategies have been developed to inform hunting season decisions for other individual duck species such as scaup, canvasback and pintail which could drive annual changes in bag limits or season lengths for those species.

The parameters of Wisconsin's regular goose seasons are guided by the Mississippi Flyway management plans for the MVP and TBP Canada goose populations and approved by the Mississippi Flyway Council and the USFWS. The health of these populations is measured with spring breeding population surveys, survival data and harvest rates obtained from banding and production studies. The surveys and studies are conducted annually and are supported by the State of Wisconsin as part of the MFC. The primary elements of Wisconsin's waterfowl regulatory process include conducting spring waterfowl surveys, participation in MFC meetings, commenting on federal proposals, and soliciting input from the public. The state process begins with Flyway meetings in February and March each year where staff provide input to the development of federal framework alternatives and requests related to the early seasons. In spring and summer, breeding waterfowl surveys and banding are conducted in support of the regulatory process.

In early July each year, staff conduct a public meeting to solicit input from interest groups, including representatives of the Conservation Congress Migratory Committee. At this meeting, staff provide the attendees with breeding status information and ask for any items that they wish the department to pursue at the MFC meeting in mid July. Department staff then attend the MFC Technical and Council meetings. At these meetings, staff are provided status information and the proposed framework alternative from the USFWS. Department staff work with the other states in our Flyway to discuss and develop proposals and recommendations that are voted upon by the MFC. Proposals that passed at the MFC meeting are forwarded to the USFWS for consideration by the Service Regulations Committee (SRC) at their meeting. The USFWS announces its final waterfowl season framework recommendation at the end of July. Department staff then summarize waterfowl status and regulation information for Wisconsin citizens and present this information to the Migratory Committee of the Conservation Congress and at a public meeting (Post-Flyway Meeting) of interest groups and individuals in early August. Staff gather public input and citizen suggestions at those meetings for the development of Wisconsin's waterfowl regulations, given the federal framework. In 2014, public hearings were held from August 4-7 around the state to solicit additional input on the proposed annual waterfowl rule.

Anticipated private sector costs for WM-04-14(E) related to migratory bird hunting regulations

These rules, and the legislation which grants the department rule making authority, do not have a significant fiscal effect on the private sector. Additionally, no costs are associated with compliance to these rules.

Effects on small business for WM-04-14(E) related to migratory bird hunting regulations

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.

Environmental Impact

The Department has made a determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code.

Contact Person

Scott Loomans, [e-mail].

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA 2049 (R 07/2011) ADMINISTRATIVE RULES FISCAL ESTIMATE AND ECONOMIC IMPACT ANALYSIS
Type of Estimate and Analysis
X Original ⍽ Updated ⍽ Corrected
Administrative Rule Chapter, Title and Number
Ch. NR 10, Game and Hunting. Board Order WM-11-14(E)
Subject
Establishing an early duck season for teal-only and the hunting regulations for teal and mourning doves.
Fund Sources Affected			Chapter 20 , Stats. Appropriations Affected
⍽ GPR ⍽ FED ⍽ PRO ⍽ PRS X SEG ⍽ SEG-S			None
Fiscal Effect of Implementing the Rule
X No Fiscal Effect ⍽ Indeterminate	⍽ Increase Existing Revenues ⍽ Decrease Existing Revenues		⍽ Increase Costs ⍽ Could Absorb Within Agency's Budget ⍽ Decrease Costs
The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy ⍽ Local Government Units		⍽ Specific Businesses/Sectors ⍽ Public Utility Rate Payers
Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes X No
Policy Problem Addressed by the Rule
The species of primary interest to duck hunters, blue-winged teal, are an early migrating bird whose numbers may be low or declining in Wisconsin when the normal duck seasons begin at the end of September or early October. Many hunters are likely to appreciate the opportunity to hunt this species earlier during the fall season, possibly prior to migration out-of-the-state, when they may be more abundant. The department proposes an early teal season in Wisconsin for 2014 that would begin on September 1 and continue through September 7. Only blue-winged and green-winged teal can be harvested. The daily bag limit would be 6 teal. Shooting hours on opening day begin at 9 am and close at 7 pm. Shooting hours from September 2 through 7 will begin at sunrise and close at 7 pm. This rule would also extend the mourning dove hunting season. At the February, 2014 meeting of about 20 states that are part of the Eastern Dove Management Unit, a recommendation was approved to increase the dove hunting season from 70 to 90 days across the management unit. The additional 20 days will result in an increase in hunting opportunity that some hunters will appreciate. However, these days will be at a time of the year when many other hunting seasons are also open. As a result, the additional hunting opportunity may not result in a significant amount of hunting effort focused primarily on mourning doves.
Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
Because these are emergency rules the department is not required to offer a comment period on this economic analysis. The department will hold a comment period pursuant to Governor's Executive Order 50, Section IV, when permanent rules are promulgated. Fiscal impacts on the department are also summarized in this analysis. Economic Impact A September season for hunting teal-only will be a new opportunity for Wisconsin hunters and it will result in an increase in the richness and diversity of hunting activities that people enjoy. It is likely to result in an increase in the amount of hunting activity that occurs at this time of year and the resulting incidental expenditures of hunters. However, the amount of increased activity may be limited and cannot accurately be anticipated prior to having experience with this new opportunity. A factor that may result in none or a very limited economic impact is that the hunting season for other migratory birds, Canada geese and mourning doves, are already established and will be open concurrently with the proposed teal season. Early September is considered the best time for hunting mourning doves. A certain amount of hunting during the early teal-only season may be by hunters who would otherwise have been hunting doves or geese and this teal hunting would not be considered new activity or related spending. The additional 20 days of mourning dove hunting proposed in these rules will result in an increase in hunting opportunity that some hunters will appreciate. However, these days will be at a time of the year when many other highly anticipated hunting seasons are also open. As a result, the additional hunting opportunity may not result in a significant amount of hunting effort focused primarily on mourning doves, nor related expenditures by hunters or resulting economic impacts. Both dove and teal hunters are likely to be people who already participate in those activities during the existing seasons. Dove and teal hunters are not likely to need to purchase new gear or durable goods such as boats, shotguns, or decoys. Because the hunting season frameworks proposed in this rule will be comparable to those in place during previous seasons, no economic impacts are anticipated. These rules are applicable to individual hunters and impose no compliance or reporting requirements for small business, nor are any design or operational standards contained in the rule. Fiscal Impact The department anticipates no fiscal impact resulting from these rules. The USFWS does require states to observe hunter behavior in the field to observe whether they shoot at non-teal ducks during the teal only season. If the number of attempts to shoot non-teal ducks is too high then we will fail the experiment. The department anticipates that these observation efforts can be absorbed within the department's current budget. Though an undetermined amount of staff time will be needed to meet this federal requirement, this staff time will be accounted for by re-prioritizing work duties. The department will not hire new employees or be requiring additional hours of work. Other regulations modified by this proposal will not require significant changes to past practices or procedures and will also have no fiscal impact.
Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
The species of primary interest to duck hunters, blue-winged teal, are an early migrating bird whose numbers may be low or declining in Wisconsin when the normal duck seasons begin at the end of September or early October. Many hunters are likely to appreciate the opportunity to hunt this species earlier during the fall season, possibly prior to migration, when they may be more abundant. The new teal and dove hunting opportunities will both contribute to the presence of excellent hunting opportunities which are enjoyed by outdoor enthusiasts. Additional alternatives which were evaluated in preparation of these rules were to adopt a full 16 day season, which is an option offered by the United States Fish and Wildlife Service, and to decline to hold a season. This seven day season represents a compromise between two opinions commonly expressed during public participation in rule development; that Wisconsin should take full advantage of new hunting opportunities, and that Wisconsin should not hold and early teal season because it could result in incidental harvest of other duck species or have an impact on duck hunting which occurs later in the fall season.
Long Range Implications of Implementing the Rule
Implementing these rules will have little impact on the public except that they will continue to have good hunting opportunities into the future.
Compare With Approaches Being Used by Federal Government
Annually the department establishes migratory game bird hunting seasons based on a federal framework that is presented to Wisconsin by the US Fish & Wildlife Service. This proposal takes advantage of the new opportunities offered under the federal framework but the seven day teal-only season does represent a compromise between people who are opposed to a teal season and those who would prefer the full 16 day season.
Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
The department establishes migratory game bird hunting seasons based on a federal framework that is presented to Wisconsin by the US Fish & Wildlife Service. Because of the federal guidelines, Wisconsin's regulations are similar to those in neighboring states.
Name and Phone Number of Contact Person
Scott Loomans, Wildlife Regulation Policy Specialist, 608-267-2452.

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA 2049 (R 07/2011) ADMINISTRATIVE RULES FISCAL ESTIMATE AND ECONOMIC IMPACT ANALYSIS
Type of Estimate and Analysis
X Original ⍽ Updated ⍽ Corrected
Administrative Rule Chapter, Title and Number
Ch. NR 10, Game and Hunting. Board Order WM-04-14 (E)
Subject
Establishing the 2014 migratory game bird hunting regulations.
Fund Sources Affected			Chapter 20 , Stats. Appropriations Affected
⍽ GPR ⍽ FED ⍽ PRO ⍽ PRS X SEG ⍽ SEG-S			None
Fiscal Effect of Implementing the Rule
X No Fiscal Effect ⍽ Indeterminate	⍽ Increase Existing Revenues ⍽ Decrease Existing Revenues		⍽ Increase Costs ⍽ Could Absorb Within Agency's Budget ⍽ Decrease Costs
The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy ⍽ Local Government Units		⍽ Specific Businesses/Sectors ⍽ Public Utility Rate Payers
Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes X No
Policy Problem Addressed by the Rule
This emergency rule order will modify regulations for migratory bird hunting during the 2014 seasons.
Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
Economic Impact Because the hunting season frameworks proposed in this rule will be comparable or identical to those in place during previous seasons, no economic impacts are anticipated. These rules are applicable to individual hunters and impose no compliance or reporting requirements for small business, nor are any design or operational standards contained in the rule. Fiscal Impact Regulations modified by this proposal will not require changes to past practices or procedures and will have no fiscal impact.
Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
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 this state until late July of each year. This order is designed to bring the state hunting regulations into conformity with the federal regulations. Failure to modify our rules will result in the failure to provide hunting opportunity and continuation of rules which conflict with federal regulations.
Long Range Implications of Implementing the Rule
These are emergency rules that will be in effect for only the 2014 migratory bird hunting season.
Compare With Approaches Being Used by Federal Government
Annually the department establishes migratory game bird hunting seasons based on a federal framework that is presented to Wisconsin by the US Fish & Wildlife Service. This proposal takes advantage of nearly all of the opportunities offered under the federal framework.
Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
The department establishes migratory game bird hunting seasons based on a federal framework that is presented to Wisconsin by the US Fish & Wildlife Service. Because of the federal guidelines, Wisconsin's regulations are similar to those in neighboring states.
Name and Phone Number of Contact Person
Scott Loomans, Wildlife Regulation Policy Specialist, 608-267-2452.

Notice of Hearings

Natural Resources

Fish, Game, etc., Chs. NR 1—

rulemaking_notices EmR1420 EmR1420, EmR1422

(DNR #s WM-05-14(E) and WM-08-14(E))

NOTICE IS HEREBY GIVEN that pursuant to ss. 29.014, 29.041, and 227.24 (4), Stats., interpreting ss. 29.014, 29.041, and 29.192, Stats., the Department of Natural Resources will hold public meetings on revisions to Chapters NR 10, 11, 15, and 45. These emergency orders have been adopted by the Natural Resources Board, are currently in effect, and the public hearing is being held to fulfill statutory requirements. Natural Resources Board Order WM-05-14(E) is related to establishing a season for hunting deer with crossbows-only. Natural Resources Board Order WM-08-14(E) is related to implementation of the deer management assistance program and county deer management advisory committees.

Hearing Information

Date:   Wednesday, October 29, 2014
Time:   2:00 p.m.
Location:   Natural Resources State Office Building
  (GEF-2)
  Room 608
  101 South Webster Street
  Madison, WI 53707

Pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Scott Loomans at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Copies of the Rule and Submission of Written Comments

The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site http://adminrules.wisconsin.gov or by searching the keywords “administrative rules" on the department's website. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Scott Loomans, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707 or by email to [e-mail] and must be submitted by October 29, 2014. Written comments, whether submitted electronically or by U.S. mail, will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Mr. Loomans.

The Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with rulemaking. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

Board Order WM-05-14(E) Related to Establishing a Season for Hunting Deer with Crossbows-Only

Plain language rule analysis of board order WM-05-14(E) related to establishing a season for hunting deer with crossbows-only

These rules are necessary to implement 2013 Act 61 which directs the department to establish deer hunting seasons where the use of crossbows is allowed and other crossbow related regulations. Specifically, these rules would:

Section 1 eliminates the definition of an “archery hunt" because it is no longer consistent with current law or a necessary provision in this chapter.

Section 2 describes the allowable uses of deer carcass tags by archery hunters in a location where deer hunting bag limits are established so that a person reading administrative code will be aware of them. The actual requirements are established by the act.

Section 3 establishes the season for hunting deer with a crossbow-only as required by the act. This section also describes the allowable uses of deer carcass tags by crossbow hunters in a location where deer hunting bag limits are established so that a person reading administrative code will be aware of them. The actual requirements are established by the act.

Sections 4 and 5 establish that hunting hours for firearm and archery hunters also apply to hunters using crossbows.

Sections 6 to 8, 11 to 13, 16, 19, 26, and 30 add the word “crossbow" to provisions where appropriate because firearms, bows, or handguns are currently listed. These sections also add a description or cross-reference to a crossbow license or season as appropriate in locations where archer or firearm licenses or seasons are already listed or cross-referenced.

Section 9 repeals the prohibition of the use of crossbows for most hunting purposes.

Section 10 updates language to include crossbows and bolts in a section where bows and arrows are currently listed. This section also explains the minimum poundage requirement for crossbows so that information is located in one place. However, the minimum poundage requirement is also established in statute.

Sections 14 and 15 explain that a person who has already been issued a crossbow license will not receive archery deer carcass tags when they purchase an archer license and that the converse is also true. However, a person may use archery and crossbow deer carcass tags interchangeably if they possess both license types.

Sections 17 adds “crossbow" to provisions which already restrict possession of bows and firearms at the Horicon National Wildlife Refuge and notes that possession of loaded, uncased handguns is allowed by people who are licensed to possess a concealed handgun.

Section 18 establishes a season for hunting deer with crossbows that is consistent with the current archer season at Horicon National Wildlife Refuge.

Section 20 adds “crossbow" to provisions which already restrict possession of bows and firearms at the Necedah National Wildlife Refuge and notes that possession of loaded, uncased handguns is allowed by people who are licensed to possess a concealed handgun.

Sections 21 and 22 update terminology and cross-references and establish a season for hunting deer with crossbows that is consistent with the current archery season at Necedah National Wildlife Refuge.

Section 23 to 25 add “crossbow" to provisions which already restrict possession of bows and firearms at the Sandhill Wildlife Demonstration Area, Grand River Experimental Hunting Area, and Bong State Recreation Area. For all three properties, these Sections also note that possession of loaded, uncased handguns is allowed by people who are licensed to possess a concealed handgun. For the Bong recreation area, a remedial revision is made to reflect previous rule making which established that rifles are now allowed statewide, particularly for deer hunting.

Sections 27 and 28 establish crossbow hunting seasons which are consistent with archery deer hunting seasons at a number of waterfowl hunting closed areas where some archery deer hunting is currently allowed.

Section 29 establishes that crossbow deer hunting is not allowed at times when archery deer hunting is not allowed under current rules at the Buckhorn wildlife area.

Sections 31 to 34 add “crossbow" to provisions which already restrict possession of bows and firearms at 37 game refuges and notes that possession of loaded, uncased handguns is allowed by people who are licensed to possess a concealed handgun.

Sections 35 to 38 update language to include crossbows in various provisions where it is currently only required that bows and arrows be unstrung or enclosed in a carrying case on certain department managed lands.

Summary of, and comparison with, existing or proposed federal regulations for board order WM-05-14(E) related to establishing a season for hunting deer with crossbows-only

Federal regulations allow states to manage the wildlife resources located within their boundaries provided they do not conflict with regulations established in the Federal Register. None of these rule changes violate or conflict with the provisions established in the Federal Code of Regulations.

Comparison with rules in adjacent states for board order WM-05-14(E) related to establishing a season for hunting deer with crossbows-only

In Illinois, Iowa, and Minnesota, a doctor must certify that a person is unable to hunt by archery methods because of a physical disability before the use of a crossbow is authorized for deer during the archery deer seasons. An exception in Illinois is that anyone may use a crossbow for deer hunting during the later portion of the archery deer season beginning on the second Monday following the Thanksgiving holiday.

In Michigan, anyone who is 10 years old or older may use a crossbow throughout the archery deer season in the Lower Peninsula and during the early archery deer season in the Upper Peninsula.

Summary of factual data and analytical methodologies for board order WM-05-14(E) related to establishing a season for hunting deer with crossbows-only

The department is directed by 2013 Act 61 to promulgate emergency rules establishing deer hunting seasons in 2014 and 2015 where the use of crossbows is allowed. Under the act, the crossbow season must be identical to the archery season. Other substantiative provisions of this rule, such as the allowable uses of carcass tags, are also written as directs by the act. For this emergency rule, the department has limited discretion in drafting.

When permanent rules which are also required by the act are promulgated, the department will have much greater statutory authority and more decision making ability.

This board order does make numerous remedial revisions to reflect the new status of crossbows as generally allowed for hunting. Additional remedial revisions reflect that statutes now allow the possession of loaded, uncased handguns by people who are licensed to possess a concealed handgun, including in department closed areas and game refuges where possession of other weapons is restricted.

Throughout the rule, references to “archery" and “crossbow" are intended to reflect statutory language which creates an “archer hunting" license and a “crossbow hunting" license.

Anticipated private sector costs for board order WM-05-14(E) related to establishing a season for hunting deer with crossbows-only

These rules, and the legislation which grants the department rule making authority, do not have a significant fiscal effect on the private sector. Additionally, no costs are associated with compliance to these rules.

Effects on small business for board order WM-05-14(E) related to establishing a season for hunting deer with crossbows-only

No effects on small business are anticipated. State statutes have already established that crossbow hunting is allowed and the conditions for the use of crossbows, including the required licenses and the season dates for 2014 and 2015. These rules will not establish any additional requirements or exceptions that would have an economic impact. 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.

Board order WM-08-14(E) Related to Implementation of the Deer Management Assistance Program and County Deer Management Advisory Committees

Plain language rule analysis of board order WM-08-14(E) related to implementation of the deer management assistance program and county deer management advisory committees

Specifically, these rules would:

Sections 1 and 2 establish definitions of an “authorized representative" and “primary contact" for purposes of the Deer Management Assistance Program.

Sections 3 and 4 allow the sales of antlerless deer hunting permits to a landowner or primary contact who is enrolled in the Deer Management Assistance Program or their authorized representative. The permits could then be transferred, for no more than face value cost, to hunters who would be able to use the tags on the enrolled property.

Section 5 establishes that membership on a County Deer Management Advisory Committee may also include a participant in the Deer Management Assistance Program.

Section 6 clarifies that the department will establish guidance for the operation of County Deer Management Advisory Committees and that background checks of volunteer committee members may be conducted.

Federal Regulatory Analysis for Board Order WM-08-14(E) related to implementation of the Deer Management Assistance Program and County Deer Management Advisory Committees

These state rules and statutes do not relieve individuals from the restrictions, requirements and conditions of federal statutes and regulations. Regulating the hunting and trapping of native species has been delegated to state fish and wildlife agencies.

Comparison with rules in adjacent states for board order WM-08-14(E) related to implementation of the deer management assistance program and county deer management advisory committees

Michigan is implementing a Deer Management Assistance Program which is comparable to the program being established in Wisconsin. All of Wisconsin's surrounding states use hunting seasons to provide hunting opportunities and to manage white-tailed deer herds and involve the public establishing management goals hunting opportunities. Wisconsin's efforts at public involvement are likely more extensive than those in our surrounding states. However, deer are a common wildlife species and provide significant hunting opportunities in all of our surrounding states.

Summary of factual data and analytical methodologies for board order WM-08-14(E) related to implementation of the deer management assistance program and county deer management advisory committees

This emergency rule order will facilitate the issuance of antlerless deer permits through the Deer Management Assistance Program. Additionally, this order allows additional representation on County Deer Management Advisory Committees, committees which are established for the purpose of seeking comment from members of the public on the status of the deer herd at the county level.

Under current rules and statutes, with limited exceptions, deer hunting permits can only be used by the individual to whom the permit is issued. During the winter and spring of 2014 the department has been working with stakeholders to develop the Deer Management Assistance Program which was a recommendation of the 2012 White-tailed Deer Trustee's Report. During program development, the department has identified a need for more flexibility in the way that permits are issued and used in order to implement the program efficiently and to best serve customers.

These rules would allow sales of antlerless deer hunting permits to a landowner or primary contact for landowners who are enrolled in the Deer Management Assistance Program or their authorized representative. In the case of a cooperative, which is a number of properties enrolled and managed as a group, permits would be issued to the primary contact for the group. The permits could then be transferred, for no more than face value cost, to hunters who would be able to use the tags on the enrolled property. These rules would not change existing requirements that the tags can only be used during the normal deer hunting seasons and in ways that are consistent with all other deer hunting regulations.

The Deer Management Assistance Program is designed to provide habitat and herd management assistance to landowners interested in managing their property for wildlife. The program is identified and defined under Wis. Stat. s. 29.020 and Wis. Admin. Code s. NR 10.70. Objectives of the program are to; promote sound land stewardship practices, provide outreach and educational information to landowners about wildlife habitat management practices, provide a means for site-specific deer management, and to improve relationships.

The program objective to provide site-specific deer management alternatives will benefit property managers in obvious ways by allowing them to work with the department to establish very specific harvest levels based on localized information.