6. Summary of, and Comparison with, Existing or Proposed Federal Statutes and Regulations:
These rules are consistent with any federal regulations that guide wildlife damage management. Federal agencies also partner with the state in implementing wildlife damage and abatement programs.
7. 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.
8. Comparison with Similar Rules in Adjacent States:
The US department of agriculture’s wildlife services and US fish and wildlife service partner with the state in implementing wildlife damage and abatement programs in Minnesota and Illinois and these rules are generally similar with nuisance wildlife management in those states. USDA Wildlife Services does not partner with Michigan but their rules on wildlife conflict management are similar to that of Wisconsin.
9. Summary of Factual Data and Analytical Methodologies Used and How Any Related Findings Support the Regulatory Approach Chosen:
_Hlk174695652This rule updates the list of species for which department approval is needed to live trap and relocate a wild animal. These updates provide better protections for species which may be sensitive to relocation. This rule also eliminates the ability for individuals to live capture and relocate Canada geese. This change was made due to growing populations of resident Canada geese and concerns over Highly Pathogenic Avian Influenza (HPAI). The US fish and wildlife service, through an agricultural depredation order, gave the department the authority to permit the removal of Canada geese causing spring agricultural damage. Previously the department only had the authority to remove Canada geese during the fall in the Horicon goose management zone. This zone no longer exists and the need to remove geese in that area no longer applies. This rulemaking also updates code to be consistent with federal rules that allow the removal of Canada geese causing agricultural damages in the spring.
2017 Wisconsin Act 59 expanded the crop types eligible for abatement assistance under the WDACP to include cover crops grown at licensed bird hunting preserves. 2017 Wisconsin Act 59 expanded the crop types eligible for abatement assistance under the WDACP to include cover crops grown at licensed bird hunting preserves. This rule updates administrative code so that it is consistent with the statutory change. This rule clarifies that the department may suspend or revoke permits if the conditions are violated. This rule also clarifies the situations in which the county or their agent can determine that an enrollee is uncooperative when administering the WDACP program. This provides clearer expectations and better accountability for individuals who are receiving assistance under the WDACP.
Under previous administrative code, the department used to calculate suitable deer and elk range when calculating deer density goals. This calculation was used when determining hunter densities for producers enrolled under the managed hunting access program. The department no longer calculates suitable deer and elk range and instead uses county population goals of increasing decreasing or maintaining the deer population.
This rule deletes a requirement that enrolled land must be in cultivation for the previous five years. It is often difficult to know if a property met this requirement and deleting it provides better assistance for producers and current agricultural practices.
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.
_Hlk12812777011. Effect on Small Business (final regulatory flexibility analysis): These rules are applicable to individual sportspersons and impose no compliance or reporting requirements for small businesses, and no design standards are contained in the rule. 13. Place where comments are to be submitted and deadline for submission:
A public comment period on the draft rule occurred from July 15 to August 9, 2024, and a public hearing was held on August 8, 2024. RULE TEXT
1Section 1 NR 12.001 (1) is renumbered to NR 12.001 (1i) and amended to read: NR 12.001 (1i) “Contiguous land" means lands under the same ownership which are connected or adjacent to lands on which wildlife are causing damage including lands separated by a roadway, easement, license or waterway. Lands that touch at the corners are considered contiguous.
2Section 2 NR 12.001 (1d) is created to read: NR 12.001 (1d) “Active nest" means a nest with eggs or chicks present.
3Section 3 NR 12.001 (4), is renumbered to NR 12.001 (4) (intro.) and amended to read: NR 12.001 (4) “Lessee" means any person possessing a written lease for use of land for the production of commercial seedlings, crops, orchard trees, Christmas trees, nursery stock, honey, and livestock. or similar agreement for one of the following:
4Section 4 NR 12.001 (4) (a), (b), and (c) are created to read: NR 12.001 (4) (a) Use of land owned by another for the production of commercial seedlings, crops, orchard trees, Christmas trees, nursery stock, honey, or livestock.
(b) The placement or keeping of apiaries or livestock on land owned by another.
(c) Use of land owned by another as a bird hunting preserve licensed under ch. 169, Stats. 5Section 5 NR 12.001 (5) is amended to read: NR 12.001 (5) “Management unit" and “hunting zone" mean those management units established for deer in s. NR 10.28, elk in s. NR 10.37 and those management zones established in ss. NR 10.29, 10.295, 10.30, and 10.31 for turkey, wolves, bear and Canada geese. 6Section 6 NR 12.001 (5) (note) is created to read: 7Section 7 NR 12.001 (9), 12.05 (1) and (3), 12.06 (2), and 12.10 (1) (a) 1. a., 3. and 4., and (b) 1. b. are amended to read: NR 12.001 (9) “Permittee" means any person or municipality entity issued a permit by the department to remove or destroy wild animals causing damage or nuisance.
_Hlk165553764NR 12.05 (1) Findings When allowed. The natural resources board finds that unlimited When authorized by and according to the conditions set forth in 50 CFR 21.150, the shooting or trapping of cowbirds, crows, grackles, house sparrows, monk parrots, starlings, and red-winged blackbirds and any birds found in 50 CFR 21.150 is necessary when causing depredation allowed. (3) License waiver. Hunting and trapping licenses are not required for anyone shooting or trapping these birds when causing the depredations described under sub. (2) (intro.).
NR 12.06 (2) Permits. Unless otherwise authorized by the department, landowners, lessees, occupants or their duly authorized agents of a single parcel of land at least 5 contiguous acres in size, all within the CWD-affected area may, under a department issued permit, remove deer from lands under their ownership or control in accordance with this section. Both antlerless and buck deer may be harvested unless otherwise restricted as a condition of the permit. A landowner with less than 5 contiguous acres may be issued a permit at the discretion of the issuing department staff. Factors for issuing a permit to a landowner with less than five contiguous acres may include likelihood of success, public health and safety, and appropriateness of the property for hunting.
NR 12.10 (1) (a) 1. a. A Except as provided in par. (b), a furbearing animal or game fish, animal or bird under s. 29.001 (30), (33), (36), and (39), Stats.; or (a) 3. Live-capture and relocate any wild animal to department controlled lands without the property manager’s approval.
_Hlk1521638554. Live-capture and relocate white-tailed deer, elk, black bear or, wolves, turkey, badger, cougar, bobcat, fisher, otter, any wild animal classified as endangered or threatened under s. NR 27.03 or any harmful wild animal under s. NR 16.11. _Hlk151039120Section 8 NR 12.10 (1) (b) 1. e. is created to read: NR 12.10 (1) (b) 1. e. Mink causing damage or nuisance.
9Section 9 NR 12.10 (1) (b) 2., 4., 5., and 6. (intro.) are amended to read: NR 12.10 (1) (b) 2. Live-trap and relocate any wild animal, except white-tailed deer, elk, black bear or any wild animal classified as endangered or threatened under s. NR 27.03, or any animal classified as a harmful wild animal under s. NR 16.11 those listed under par. (a) 4., to open unenclosed lands not controlled by the department with the permission of the owner. Pursuit of animals by dogs of animals released under this subdivision by dogs may not occur in an area where a wild animal has been released for a period of 2 hours after release of the animal, except dogs may be released to pursue raccoons at any time after the raccoon has reached cover by climbing a tree or pole to a height of at least 10 feet. 4. Harass or disturb protected wild birds, not listed as endangered or threatened in s. NR 27.03, in such a way as to relieve a damage or nuisance situation in urban areas, golf courses, and or airports provided the bird is not physically harmed, killed or injured, and adult birds sitting on active nests are not disturbed to the point that it causes eggs to not hatch or chicks to die or become injured. 5. Live-trap and relocate rabbits or raccoon to a hound dog training enclosure permitted under s. NR 17.045. 6. Conduct any of the following activities in order to control Canada geese at an airport or within a 3 mile radius of the airport with landowner permission, if the activities are conducted by airport employees or their designees in compliance with the restrictions, requirements and conditions as described by the U.S. fish and wildlife service in 50 CFR 21.49 50 CFR 21.159 and provided that all birds are disposed of as directed by the department: 10Section 10 NR 12.10 (1) (b) 6. a. is repealed. 11Section 11 NR 12.10 (1) (b) 7., (c), (2) (b) 1., (3) (b) and (c), 12.15 (1), (2) and (4) (note) are amended to read: NR 12.10 (1) (b) 7. Destroy birds defined under s. 29.001 (33) and (39), Stats., and permitted for removal by the U.S. fish and wildlife service under a federal migratory bird depredation permit, provided the permit has been reviewed and approved by the department or its agent and removal activities are in compliance with the restrictions, requirements and conditions as described by the U.S. fish and wildlife service in 50 CFR 21.49 50 CFR Part 21 and this section. (c) Application deadline. The department may not consider any application filed after October 1 to shoot deer causing damage to corn, alfalfa, clover, other hay, soybeans, small grains, vegetable crops, melons, strawberries, cabbage, potatoes, cucumbers, popcorn, sunflowers or ginseng filed after October 1 commercial agricultural crops that were unharvested at the time of damage, unless the department finds that extraordinary conditions exist. Extraordinary conditions include, but are not limited to, ongoing, severe damage to crops occurring after October 1, which will cause extensive yield reductions or winter losses.
(2) (b) 1. Damage to applicant's enrolled property in the current calendar year exceeds or is likely to exceed $1,000 if caused by any species included under s. 29.889, Stats.; or (3) (b) Age and safety training. All participants and permittees, unless exempt by sub. (1) (b), shall meet the requirements of ss. 29.304, and 29.593, and 29.597, Stats., pertaining to hunter and trapper safety and age. (c) Except as authorized in s. NR 12.06 (3) (c), all participants and persons assisting participants shall possess written approval from the permittee and the appropriate, valid hunting or trapping license as required by s. NR 12.15 (11) when carrying on removal activities. Written approval shall include: name, address and phone number of landowner; name, address and phone number of the person removing wild animals; property location and removal activities, authorized period of removal, species of animals authorized for removal, signature of the landowner or lessee, and date. NR 12.15 (1) Public use during open seasons. All lands described on the application and any contiguous lands under the same ownership suitable for hunting or trapping shall be open to public hunting or trapping of the species causing the damage for a period of one year from the effective date of the permit. Public access is only required during the open hunting or trapping season for the species causing damage. These lands may be posted to indicate that hunting permission is required from the permittee. The department may require a permittee to keep a daily log of hunter's names and telephone numbers on forms provided by the department as a condition of the permit.
(2) Use refusal. Permittees may refuse access to hunters or trappers for reasonable cause. Reasonable cause may not be based on age, race, religion, color, disability, sex, physical condition, development disability, creed, sexual orientation, marital status, gender, ancestry, military service, or national origin. The presence of at least 2 hunters or active trapping of at least one trapper per each 40 acres suitable for hunting or trapping, respectively, shall constitute a reasonable cause for refusal under s. NR 12.31 (7). (4) Note: Permit materials may include carcass tags, armbands harvest authorizations and hunter permission slips.
12Section 12 NR 12.15 (6) is repealed. 13Section 13 NR 12.15 (9), (10), (11) (c) and (d), (12), 12.16 (1), (2) (b) 2. b., (4), (6), (8) (intro.) and (a) are amended to read: NR 12.15 (9) Permit kill removal limit. The department may specify the sex and age of the animals to be removed and limit the number of carcass tags or harvest authorizations issued under this section after consultation with the applicant and, if the damage is occurring in a county participating under s. 29.889, Stats., the appropriate county wildlife damage program personnel. (10) Authorized area. The permit applies to all lands subject to public use under sub. (1) and may extend 1/4-mile onto adjoining lands of consenting landowners. Any person engaged in removal pursuant to a shooting permit must possess a valid harvest authorization while so engaged.
(11) (c) Elk damage shooting permits. Participation of others under elk damage shooting permits shall be restricted to those persons who have applied for an elk hunting license under application procedures described in s. NR 10.111 (2), and who have indicated on their elk hunting applications their willingness to assist farmers having elk damage problems. Unless as authorized by the department, participants shall possess a valid elk license or a valid license that authorizes hunting with a firearm, bow, or crossbow and a valid shooting permit when engaged in elk damage shooting permit activities. (d) Turkey damage shooting permits. Others participating under a turkey damage shooting permit shall possess a license authorizing small game and turkey stamp or turkey hunting license and stamp, during that license year, and a valid shooting permit when engaged in turkey damage shooting permit activities.
(12) Violations. No person may violate the terms and conditions of any permit issued under this chapter. The department may suspend or revoke any shooting permit if the terms or conditions of the shooting permit are violated.
