Relating to
Establishing hunting seasons during which the use of crossbows is allowed.
Rule Type
Permanent
1. Finding/Nature of Emergency (Emergency Rule Only)
These will be permanent rules. The department is promulgating comparable emergency rules as directed by
2013 Act 61. The emergency and permanent rules will not necessarily be identical they will have different timelines so the department is initiating those rule making processes on separate scope statement forms.
2. Detailed Description of the Objective of the Proposed Rule
This rule order will establish seasons for hunting deer with crossbows under the authority of a crossbow hunting license beginning in 2016. In 2014 and the 2015, the crossbow only deer season will be established by emergency rule and will be identical to the season dates for hunting deer with a bow and arrow only.
In 2016 the crossbow only deer season established by this permanent rule could continue to be identical to the season for hunting deer with a bow and arrow only. However, there is no statutory requirement for the two seasons to be identical in 2016. It is possible that a crossbow only deer season could have different features such as season dates, bag limits, or other regulations. The department will review harvest information and assess public opinion following the 2014 crossbow season before making recommendations. The department will use as much information from the 2015 crossbow deer season as possible under the timeline for promulgating these rules prior to the start of 2016 deer hunting license sales.
Additionally, in preparing these rules the department will review ch.
NR 10 and make any updates which are needed to maintain consistency with the act and the new crossbow deer hunting season.
3. Description of Existing Policies Relevant to the Rule and of New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives; the History, Background and Justification for the Proposed Rule
These rules will be consistent with previous policies to establish and regulate hunting by various methods including with firearms, bow and arrow, crossbows, and air guns. In order to hunt deer with a crossbow in the past, a person had to be either age 65 or older, hold a permit for hunters with disabilities, or could use a crossbow under the authority of a firearm license during a firearm season. Under the act and these rules, any person who otherwise can legally hunt will be able to purchase a license authorizing deer hunting by the use of a crossbow.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
The department is directed, in the non-statutory provisions of
2013 Act 61, to promulgate rules that are needed to establish hunting seasons where the use of crossbows is allowed.
The chapter related to 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 promulgate rules related to migratory game bird hunting.
5. Estimate of the Amount of Time that State Employees Will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
Approximately 400 hours will be needed by the department to promulgate these rules.
6. Description of all Entities that may be Impacted by the Rule
These rules will impact deer hunters, especially those who are interested in hunting with archery gear, both bow and arrow, and with crossbow gear.
7. Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
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.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
No economic impacts 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. This proposal could simply duplicate what has already been established by statute for future years. However, even if these rules do result in seasons for crossbow deer hunting and hunting deer with a bow and arrow that are different, there will still be ample opportunities for hunting with a crossbow and people are still likely to be interesting in hunting with both methods. Impacts from the spending activities of crossbow and bow and arrow hunting enthusiasts will continue to benefit the economy.
9. Anticipated Number, Month, and Locations of Hearings
The department may use the 2015 Spring Fish & Wildlife Meetings held in each county in April as one of several methods to gauge public opinion on the use of crossbows. These could also be the legal rule hearings. While there will be just one year of experience with a crossbow season at that time, adoption of a rule at any time following the fall 2015 hunting season would result in very limited time for legislative review of the rule prior to the start of hunting license sales in March 2016.
Contact Person
Natural Resources
Fish, Game, etc., Chs.
1—
(DNR # WM-05-14(E))
This statement of scope was approved by the governor on March 10, 2014.
Rule No.
Relating to
Establishing hunting seasons during which the use of crossbows is allowed.
Rule Type
Emergency.
1. Finding/Nature of Emergency (Emergency Rule Only)
The department is not required to make a finding of emergency before promulgating these rules. The department is directed to promulgate these rules in
2013 Act 61 and is exempted from making a finding of emergency under non-statutory provisions of the act.
2. Detailed Description of the Objective of the Proposed Rule
This emergency rule order will establish seasons for hunting deer with crossbows under the authority of a crossbow hunting license. In 2014 and the 2015, the crossbow only season will be identical to the season dates for hunting deer with a bow and arrow only.
Additionally, the department will review ch.
NR 10 and make any updates which are needed to maintain consistency with the act and the new crossbow hunting season.
3. Description of Existing Policies Relevant to the Rule and of New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives; the History, Background and Justification for the Proposed Rule
These rules will be consistent with previous policies to establish and regulate hunting by various methods including with firearms, bow and arrow, crossbows, and air guns. In order to hunt deer with a crossbow in the past, a person had to be either age 65 or older, hold a permit for hunters with disabilities, or could use a crossbow under the authority of a firearm license during a firearm season. Under the act and these rules, any person who otherwise can legally hunt will be able to purchase a license authorizing deer hunting by the use of a crossbow.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
The department is directed, in the non-statutory provisions of
2013 Act 61, to promulgate emergency rules that are needed to establish hunting seasons where the use of crossbows is allowed. These provisions also exempt the department from the requirement to make a finding of emergency.
The chapter related to 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 promulgate rules related to migratory game bird hunting.
5. Estimate of the Amount of Time that State Employees Will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
Approximately 40 hours will be needed by the department to promulgate these rules.
6. Description of all Entities that may be Impacted by the Rule
These rules will impact deer hunters, especially those who are interested in hunting with archery gear, both bow and arrow, and with crossbow gear.
7. Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
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.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
No economic impacts 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.
9. Anticipated Number, Month, and Locations of Hearings
We do not plan to hold hearings on these rules. Under 227.24 (1) (a), Stats., an agency is not required to hold hearings on emergency rules. Season dates and licensing requirements in these rules will be identical to those established in the statute. Other provisions of existing rules which the department may identify as needing revision will result in modifications that are remedial in nature.
Contact Person
Natural Resources
Fish, Game, etc., Chs.
1—
(DNR # LE-01-14)
This statement of scope was approved by the governor on March 10, 2014.
Rule No.
Relating to
Boat rules and registration.
Rule Type
Permanent
1. Finding/Nature of Emergency (Emergency Rule Only)
2. Detailed Description of the Objective of the Proposed Rule
a)
Correct Noise Level Testing Requirements to meet Society of Automotive Engineers recommended practices.
b)
Add Slow No Wake restrictions within 100' of patrol boat displaying emergency lights due to public safety and law enforcement officer safety concerns.
c)
Add a requirement for an assigned number be affixed to all approved waterway markers to allow law enforcement officials to determine the legality of the marker. DNR proposes a numbering system that includes the county code, the township code and the DNR assigned permit number.
d)
Correction to s.
NR 5.13 to remove sailboards from ch.
NR 5 requirements as s.
30.62 (3) (a), Stats., exempts sailboards from personal flotation requirement.
e)
Additions and revisions to meet federal requirements:
• Add visual distress signals and sound producing devices to meet federal requirements.
•
Revisions to application information to require the collection of unique identification information for each vessel owner who applies for a certificate of number. States have until January 1, 2017 to implement this change.
•
Add requirement for vessel owners to verify that a valid primary vessel HIN has been affixed to the vessel for which a certificate of number is issued, renewed, or upon the transfer of a vessel's ownership. States have until January 1, 2017 to implement this change.
3. Description of Existing Policies Relevant to the Rule and of New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives; the History, Background and Justification for the Proposed Rule
a)
Revise Noise Level Testing Requirements – current language contained in s.
NR 5.125 refers to testing methods J34a, J1970 or J2005. SAE only refers to J34 not J34a. Chapter
NR 5 should reflect actual Test #/Title of that being J34. Updates to the J34 Monitoring Test reflect a correction factor to a 50' distance/regulation and in J1970 (4.2.1) specifically states: “The applicable reading does not require the measured boat to be at any specific distance from the shoreline or microphone". Officers should not be limited by a minimum distance requirement in code and should rely on each Test Procedure.
b)
Add Slow No Wake within 100' of patrol boat displaying emergency lights — s.
NR 5.33 contains requirements for Restricted Speed Zones. However there are no restrictions for vessel operators approaching a law enforcement boat displaying emergency lights. Due to public safety and law enforcement officer safety concerns, WDNR requests a variation of the “move over law" currently in place on highways.
c)
Section s.
30.62 (3) (a), Stats., exempts sailboards from personal flotation requirement. Need to remove sailboards from ch.
NR 5 requirements: s.
NR 5.13 Personal flotation and life saving device requirements. (1) This section applies to all boats that are propelled or controlled by machinery, sails, oars, paddles or poles or another vessel including but not limited to inflatables and sailboards, used on waters subject to the jurisdiction of this state except:
d)
Add Visual Distress Signals language to meet federal requirements — language not currently contained in ch.
NR 5.
e)
Add Sound Producing Device language to meet federal requirements — language not currently contained in ch.
NR 5.
f)
Revisions to application information for boat certificate or number and application for transfer to meet federal requirements. Changes to federal regulations require the collection of unique identification information for each vessel owner who applies for a certificate of number. The options to be collected are: owner's tax identification number, date of birth with driver's license number; or date of birth together with other unique number. States have until January 1, 2017 to implement this change.
g)
Add requirement for vessel owner to verify that a valid primary vessel HIN has been affixed to the vessel for which a certificate of number is issued, renewed, or upon the transfer of a vessel's ownership. States have until January 1, 2017 to implement this change, Per the federal regulations, States may use methods of its choosing to verify that each vessel's owner has affixed a valid primary HIN. WDNR would propose to require the vessel owner to complete a statement on the application form or renewal form.
