The statement of scope for this rule, SS 044-19 was approved by the Governor on April 29, 2019, published in Register No. 761A1 on May 6, 2019, and approved by the Natural Resources Board on June 26, 2019. This rule was approved by the Governor on ______. ORDER OF THE STATE OF WISCONSIN NATURAL RESOURCES BOARD
REPEALING, AMENDING, REPEALING AND RECREATING AND CREATING RULES
The Wisconsin Natural Resources Board proposes an order to repeal NR 10.001 (4), (6), (10n) and note, (17), (18), (23c) and (23s), NR 10.001 (28), NR 10.01(2) (a) 4., NR 10.01 (2) (c) 1. b., NR 10.01 (2) (e) 2., NR 10.01 (2) (g), (3) (bt) and (c) 1., NR 10.01 (3) (c). 2. b., NR 10.01 (3) (f), 2., NR 10.085 (1) (d), NR 10.125 (3), NR 10.23, NR 10.25 (1) (g) 3. and note, NR 10.25 (3) (a), NR 12.34 (1) and (2) and NR 17.01 (2) (b) & (c); to amend NR 8.045 (1) (a), (d), (3) (intro), (4), NR 8.52 (2) (b) 2., NR 10.001 (5t), (9c) and (25L), NR 10.01 (2) (c) a., NR 10.01 (2) (e) 1., NR 10.01 (2) (g) 1., NR 10.01 (3) (c) 1. b., NR 10.01 (3) (c) 1. b., NR 10.06 (5), NR 10.105 (4) (intro) and (j), NR 10.13 (1) (b) 2., NR 10.40 (3) (c) and (5) (c), NR 12.15 (2), (11) (b), NR 12.31 (3m), NR 12.41 (5) (a) 2., NR 17.04 (3) (c) (intro) and 3., and NR 19.73 (1) (e) 1., (2) (b) 1. And (3) (b) 2.; to repeal and recreate NR 10.01 (2) (f), NR 10.01(3) (h) 1., NR 10.09, NR 10.11 (1), NR 10.12 (5) and NR 16.18 (8); and to create NR 10.06 (10) and NR 12.15 (11) (e) relating to the 2019 Bureau of Wildlife Management housekeeping rule.
WM-05-19
Analysis Prepared by the Department of Natural Re19sources
1.
Statutory Authority, Statutes Interpreted and Explanation of Agency Authority:The chapter on wild animals and plants, in s. 29.014, “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. A number of provisions in 2017 Wisconsin Act 59 provide initiative for this rulemaking project. In the s. 29.164 (2) (a), Stats., the department is prohibited from requiring the possession of validation of a turkey carcass tag. In s. 29.164 (2) (c) 2. 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. This change in policy is most clearly seen by reviewing Section 578u. of 2017 Act 59. Additionally, s. 29.885 (2) 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. Opening the coyote hunting season at times when a firearm deer season is also open is specifically authorized under 29.185(5)(d) which was created by 2011 ACT 169.
3. Related Statutes or Rules: This rule is related to current active rule CR 19-017. 4. Plain Language Analysis:
Section 1 replaces the term “carcass tags” with “harvest authorizations”, the more appropriate term for describing the hunting privilege that is required to hunt deer.
Sections 2 and 26 remove references to goose tags which are no longer issued.
Section 3 adds the term “harvest authorization” to the list of products that may be reprinted in the manner provided when authorized.
Section 4 adds the term “harvest authorization” so that the restrictions on reprinted tags also applies to harvest authorizations. This section specifies a harvest authorization that is identified by a unique number is a unique harvest authorization that remains as a singular harvest approval regardless of the number of reprints generated. This section also specifies that once an animal has been harvested under the authority of the harvest approval, all of the reprints are considered filled and the harvest authorization is no longer valid.
Section 5 of these rules replaces the outdated term “automated license issuance system” with the more generic “statewide automated system” to align with the terminology used in s. 23.47, Stats.
Sections 6, 9, 27, 29 and 35 simplifies weapon and ammunition regulations for hunting by deleting minimum requirements and replaces it with a simplified and adaptable framework for future weapon innovations.
Sections 7, 36, 37 and 42 replaces outdated language in compliance with Executive Order #15.
Section 8 amends the definition of “Enclosed Trigger Trap” to allow a push and/or pull trigger.
Section 9 clarifies when a body grapping trap is considered a submersion set.
Sections 11-22 removes language creating separate hunting seasons in state parks which have been made obsolete by 2011 Act 168. Section 23 permanently codifies an active emergency rule that repeals the coyote hunting season closure in Wolf Management Zone 1 and create a statewide open season.
Section 24 simplifies language regarding the opening shooting hours of the first day of the pheasant season.
Section 25 clarifies that shooting hours restrictions don’t apply to the dispatch of legally trapped game.
Section 28 corrects a typo and updates code to reflect the fact that deer carcass removal can be contracted with state agencies other than the Department of Natural Resources.
Section 31 removes a reference to the Horicon Canada Goose Zone which is no longer utilized.
Section 32 clarifies that landowners and agents of a landowner are allowed to use bait/lures outside of a trapping season for nuisance wildlife control.
Section 33 removes language establishing the Grand River experimental hunting area, which hasn’t been utilized in decades, from administrative code.
