Order of the State of Wisconsin Natural Resources Board Repealing, Amending, Repealing and Recreating, and Creating Rules
The statement of scope for this permanent rule, SS 024-13, was approved by the Governor on March 13, 2013, published in Register No. 687, on March 31, 2013, and approved by the Natural Resources Board on April 24, 2013. This permanent rule was approved by the Governor on April 14, 2015. The Wisconsin Natural Resources Board proposes an order to repeal Ch. NR, 10.001 (2e), 10.01 (3) (ed), (es) 2, 3., and (et), 10.07 (3), 10.09 (1) (c) 1. e. and (note) and (2), 10.24 (2) (b), 10.28 (3), 12.06 (4) (b), 13.38 (2) (b) (note), 45.09 (9), to amend NR 1.15 (1) (a), (b), (c) 1. and (2) (a) (title) and (intro.), (at) and (3), 10.001 (6p), (19e), 10.01 (2) (b) 1., 10.01 (3) (es) 1., (ev), 10.01 (4) (dm), 10.02 (3), 10.06 (5), (8) (a), (b) and (note), 10.07 (1) (b) 3., (2m) (b) 1. and (g) 2., 10.09 (1) (c), 10.09 (3), 10.10 (2), 10.102 (1) (e) 4., 10.103 (1), 10.105 (1), (2), (4) (title) (intro.) and (a), and (7) (intro.) (a) and (b), 10.106 (1) (Intro) (a), (b) and (c) (intro.) 1. and 3., 10.11 (5) (a), 10.12 (5) (c), 10.15 (1) (a), 10.15 (6), 10.16 (Intro.) and (2), 10.22NR 10.22(1) (1), 10.23 (2) (a), 10.24 (2) (a) and (c), 10.25 (4) (a), 10.40 (3) (f) and (Note), 11.042 (Intro.), 11.043 (Intro.), 11.11 (Intro.), 12.06 (title) (1) and (2), 12.16 (4), 13.38 (2) (b), 15.01 (Intro.), 15.015 (Intro.), 15.10 (1) (Intro.), 15.12 (Intro.), 19.60 (2) (b) 1., 45.09 (1), 45.13 (18), 45.13 (21) and (24), to repeal and recreate NR 1.15 (2) (a) 8., 10.01 (3) (e) and (em), 10.104, 10.106 (2), 10.28 (1) and (2), 10.28 (4), 10.41, and to create NR 10 (Title.), 10.001(1k), 10.001 (23a) and (23b), 10.01 (3) (ep), 10.01 (3) (ex), and (4) (dm) (Note), 10.106 (1) (c) 4., 10.15 (3m), 10.16 (2m), 10.285, and NR 10 Subchapter II relating deer management, hunting, and implementation of the 2012 White-tailed Deer Trustee Report. WM-11-13
Analysis Prepared by the Department of Natural Resources
Statutory Authority and Explanation of Agency Authority: Department authority to conduct a variety of habitat and wildlife management activities is established in ss. 23.09(2)(b), (d), (h), (k), (km), and (p), Stats. These sections authorize rulemaking related to deer and deer habitat management and: plans and priorities for conservation, game refuges, cooperative forest protection, research, resources inventory, and disease control. These sections authorize many existing provisions of Ch. NR’s 1 (Natural Resources Board Policy), 11 (closed areas), 15 (game refuges), and 45 (use of department properties), Wis. Adm. Code. The primary authority to establish hunting regulations for deer and other species is established in s. 29.014, Stats. This section directs the department to establish and maintain open and closed seasons, bag limits, size limits, rest days, and other conditions for the taking of game that conserves the game supply and provides citizens with good hunting opportunities. This section authorizes many of the existing provisions of Ch. NR’s 8 (license and permit procedures), 10 (game and hunting) and 19 (Miscellaneous Fur, Fish, Game and Outdoor Recreation), Wis. Adm. Code. The wildlife damage and nuisance program and rulemaking authority are established in s. 29.889 (2) (b), Stats., which directs the department to establish rules for program eligibility and funding, methods of abating damage, forms and procedures, prorating claims, and record keeping, audits and inspections. This is the authorizing legislation for much of Ch. NR 12, Wis. Adm. Code, related to wildlife damage. Rules related to Chippewa treaty rights (Ch. NR 13) are promulgated under general authority to establish hunting regulations in s. 29.014, Stats., and these rules are the department's interpretation of how laws must be interpreted or limited in order to comply with the general limitations on state regulatory authority expressed in Lac Courte Oreilles v. State of Wisconsin, 668 F. Supp. 1233 (W.D. Wis. 1987) and the specific limitations expressed in the regulatory phase of the Voigt litigation. (See e.g., Lac Courte Oreilles v. State of Wisconsin, 707 F. Supp. 1034 (W.D. Wis. 1989)). Additional specific rule making authority was established by 2013 ACT 20, the biennial state budget. The deer management assistance program is created in s. 29.020, Stats., and the department is directed to promulgate rules and establish fees. In s. 29.040, Stats., the department is authorized to promulgate rules that implement recommendations of the 2012 deer trustee’s report. Under s. 29.181 (4), Stats., the department is authorized to establish by rule the fee for a bonus deer hunting permit that is issued for use in a county or deer management area where CWD has been identified. Authority related specifically to the issuance of hunting permits is found in s. 29.024 (2) (d) Stats. This statute establishes that it is illegal to transfer an approval or permit or allow its use by any other person. The law establishes limited exceptions and that the department can, by rule, allow the transfer of permits or approvals. These rules will allow certain transfers of bonus permits issued under the deer management assistance program. Statutes Interpreted and Explanation: Statutes interpreted or explained in this rule order include ss. 23.09 (2), 29.014, 29.020, 29.040, 29.181 (4), 29.889 (2) (b), and 227.11, Stats. In particular, s. 29.014, Stats., grants rule making authority to the department to establish open and closed seasons for hunting and trapping and to establish other regulations. All rules promulgated under this authority are subject to review under Ch. 227, Stats. Related Statute or Rule: Board Order WM-24-13(E) [SS 098-13] relating deer management, hunting, and implementation of the 2012 White-tailed Deer Trustee Report and Board Order WM-08-14(E) [SS 056-14] related to implementation of the Deer Management Assistance Program and County Deer Management Advisory Councils are the emergency rule companions to this permanent rule. The emergency rules remain in effect until June 30, 2015, or the date on which this permanent rule takes effect, whichever is sooner. Emergency rules related to establishing a season for hunting deer with crossbows, Board Order WM-05-14(E) [SS 018-14] are currently in effect. The scope statement for a companion permanent rule, which will establish the crossbow season for hunting deer beginning in 2016, will also be promulgated as Board Order WM-06-14 [SS 017-14]. This rule order modifies numerous sections current permanent rule which have already been modified by the emergency rule and those modification are incorporated in this order. The season for hunting deer with a crossbow is established in this rule only for 2014 and 2015. Board Order WM-04-13, related to remedial and housekeeping updates, is currently being promulgated and may affect some of the same sections as this board order. Where possible, the department has chosen only one board order to make needed updates.
Plain Language Rule Analysis: Gubernatorial candidate Scott Walker made a promise to appoint a “Deer Trustee” to review white-tailed deer management programs and hunting in Wisconsin. In October of 2011 Dr. James C. Kroll, officially known as Wisconsin’s white-tailed deer trustee, entered into a contract with the State of Wisconsin to conduct an independent, objective and scientifically-based review of Wisconsin’s deer management practices. The White-tailed Deer Trustee's report was released to the public in July, 2012.
The objective of these proposed rules is to implement ideas and solutions from the Deer Trustee’s report to forge a new age for deer management.
Sections 1 to 3 update Natural Resources Board policy so that the term “population objective” and “goal” are used consistently and for concise wording.
Section 4 creates introductory material that organizes the current contents of Ch. NR 10 as Subchapter 1 and prepares for the creation of another subchapter related to the deer management assistance program. Section 5 creates a definition of “afield” for the purpose of establishing that a deer cannot be possessed by someone other than the person who tagged it if the person who tagged the deer is not also present with the deer while afield, similar to current rules.
Section 6 eliminates the definition of an “archery hunt” because it is no longer consistent with current law or a necessary provision in this chapter.
Sections 7, 53, 57 and 66 establish that CWD management zones will be identified as CWD-affected areas and are based on counties, consistent with proposed deer management unit boundaries.
Sections 8 establishes definitions of “private” and “public-access lands” so that bonus deer hunting permits can be issued as valid only for use on land not open to public hunting or as valid only for use on lands which are open to hunting by members of the public, but not valid on both types of land. Lands which are privately owned but open to public hunting under the managed forest law program and other government agreements are considered public access lands for purposes of this provision.
Sections 9, 18 and 28 update cross references related to sharp-tailed grouse, fisher, and bear management zones or subzones so that the deer management unit map in effect in 2013, and which is renamed “Game management zones” continues to be the one cross referenced.
Sections 10 to 16 of this proposal establish the deer hunting season dates for gun, archery, muzzleloader, and deer hunting by youth hunters. The standard deer hunting season framework established in these sections is:
Bow & Arrow/Archery | Saturday nearest September 15 and continuing through the Sunday nearest January 6. Hunting is for antlerless deer only at times when a firearm season for antlerless deer only is also open. |
Crossbow | Saturday nearest September 15 and continuing through the Sunday nearest January 6. Hunting is for antlerless deer only at times when a firearm season for antlerless deer only is also open. |
Youth | Two consecutive days beginning on the Saturday nearest October 8. |
Traditional 9-day November firearm deer season | Saturday before Thanksgiving Day Holiday and continuing for 9 days. |
Muzzleloader only | Beginning on the day after the traditional November firearm deer season and continuing for 10 days. |
December 4-day antlerless season. | Beginning on the second Thursday following the Thanksgiving Day holiday. |
Additional non-standard season framework options are described in Section 17 below. |
This section eliminates references to state park hunting seasons which are no longer needed because state statute has established that deer hunting is generally allowed in state parks. This section retains language which establishes the seasons for certain state parks when it is still needed because the existing seasons are different than the general statewide seasons. Muzzleloader only seasons are an example of the type season variations that have existed at some state parks. Finally, this section eliminates state park deer management unit designations and limited entry state park deer hunts.
These sections establish a general bag limit of one buck during firearm deer seasons and one buck during the archery seasons, plus additional antlerless deer where permits are available.
