Waterfowl hunters must be `concealed' in emergent vegetation as defined in NR 10.001(20) unless hunting one of the few lakes that allow open water hunting. Accessible boats may not be able to meet the concealment requirements because they may require deeper water to operate and it is therefore difficult to find emergent vegetation capable of meeting the definition of concealment. People with disabilities may also be physically unable to get into a smaller-sized boat that is capable of meeting the concealment requirement. This rule will make waterfowl hunting opportunities for people with disabilities more equitable.

The current application process for sponsoring a Gun Deer Hunt for People With Disabilities on private land is cumbersome. Streamlining the process will help to reduce costs associated with the application procedure for private sponsors as well as reduce the department's costs of administering the hunt.

State law (2011 Acts 35 and 51) pertaining to the possession of concealed handguns and firearms transportation changed in 2011 and this proposal will update administrative code to reflect these changes.

Fence standards for captive wolf, wolf-dog hybrids, and coyote are currently the same as for cougar, bobcat, and lynx (i.e., 10 feet tall with an additional 4 feet at the top slanted in at a 30-45° angle). Canines are unlikely to climb fences, so this rule seeks to reduce fence standards for captive canines to reflect their likely behavior. The new fence standards that would be in place under this rule would be the same as current rules for captive bear (i.e., 8 feet tall with an additional 3 feet at the top slanted inward at a 30-45° angle).

Under current rules, a falconer whose raptor kills a hen pheasant must leave the dead pheasant where it lies. This rule change will allow falconers to harvest and legally possess a hen pheasant taken by falconry methods outside the regular pheasant hunting season and hen/rooster stocked public hunting grounds. This will reduce the waste of a game bird, and will also make Wisconsin's rules for falconry more similar to rules in surrounding state.

The holder of the Conibear® trademark contacted the WI Department of Justice requesting that the DNR remove the term “Conibear" from administrative code, and replace it with a more generic term, such as “body-gripping trap" to protect their trademark name. Additionally, this rule may slightly expand the allowable sizes of colony traps used for muskrats so that they can be more easily constructed with the materials that are commonly available at hardware stores.

In 2011, a new law changed the requirements associated with a Class B bear license; one of the changes was that youth under 16 no longer need a Class B bear license to perform the activities authorized by a Class B bear license. This rule will help to simplify the administrative code associated with Class B bear licenses, and bring the administrative code in line with state law.

A number of closed areas and refuges are established to protect migratory birds during the hunting season. These refuges provide safe resting areas for migrating waterfowl and a result is that birds may remain in an area for a longer period of time during the hunting season and provide hunting opportunities around the refuges. However, many of regulations for refuges are out-of-date. Modifications to refuge-related rules could include clarifying that entry to refuges is not allowed during a split in the duck hunting season. For the first time in 2012, to accommodate people who prefer to hunt late in the fall season, the duck season will be closed for five days in November in the north duck zone. The season will re-open after those five days and continue five days later into November than would otherwise be allowed under the federal framework. Some refuges could be open to the public during the five days when the waterfowl season is closed, potentially resulting in disturbances to waterfowl that will have a negative effect on hunting when the season reopens.

The chapter on 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 make changes related to taking of unprotected species, movement of deer waste, concealment of waterfowl hunters, the administration of deer hunts, taking of hen pheasants by falconers, legal trap types, and waterfowl hunting hours and season dates.

The establishment of game refuges is authorized in s. 23.09 (2) (b), Stats., relating to the department's ability to designate locations reasonably necessary for the purpose of providing safe retreats in which birds may rest and replenish adjacent hunting grounds.

The establishment of rules for the housing of captive wildlife is authorized in s. 169.39 (3), Stats., which directs the department to promulgate rules pertaining to the specifications for enclosures.

State law (2011 Acts 35 and 51) relating to the possession of concealed handguns and transporting firearms changed in 2011 and this proposal will update administrative code to reflect these changes.

Under 2011 ACT 50, the department is prohibited from establishing regular firearm deer seasons that occur earlier than the Saturday before the Thanksgiving holiday. This rule proposal makes changes of a housekeeping nature by striking rule language that is no longer in effect as a result of the ACT.

Approximately 400 hours will be needed by the department prior to and following the hearings.

Hunters, trappers, recreational users of DNR lands, and holders of captive wildlife permits are the principal groups that will be affected by this rulemaking. Any impacts will be very minor and no controversy is anticipated.

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.

These rules, and the legislation which grants the department rule making authority, will have no effect on the private sector or small businesses. These rules are applicable to individual sportspersons and impose no compliance or reporting requirements for small business.

This scope statement includes a proposal that would simplify the process by which private sector waste haulers are able to dispose of deer waste from the CWD Management Zone. This proposal is expected to reduce costs for private business because they will be able to find local, cost effective methods for disposal rather than transporting waste to one of the two landfills within the CWD management zone which accept deer waste. The department currently has authority to make exceptions on a case-by-case basis and has granted exemptions, so actual economic benefits will be minor.

The proposal to relax fence standards would replace more restrictive fence standards that are set to go into effect on January 1, 2014. By superseding the more restrictive fence standards, permit holders will not be required to upgrade existing fences to a higher standard. However, the number of people who possess captive canines such as wolf-dog hybrids is fewer than two dozen and no statewide economic impacts are expected. The captive breeding of wolf-dog hybrids is prohibited in Wisconsin so there should be no impact on wolf-dog hybrid breeders.

Other proposed rule changes are not expected to significantly influence the spending activities or hunting and trapping activity of hunters, trappers, dog trainers, or other outdoor enthusiasts. Correspondingly, no related economic impacts are anticipated.

Scott Loomans, Wildlife Regulation Policy Specialist, (608) 267-2452, scott.loomans@wisconsin.gov.

This statement of scope was approved by the governor on March 6, 2013.

WM-10-13, ch. NR 19.

Wildlife rehabilitation.

Permanent.

These will be permanent rules only.

This subchapter was adopted in 2004 to establish consistent standards for the rehabilitation of wildlife, ensure that all persons engaged in wildlife rehabilitation are qualified, and to ensure that rehabilitators provide humane care and housing for wildlife being rehabilitated. These Proposed revisions will clarify existing rules and establish new requirements on people licensed to rehabilitate wild animals based on what the department has learned after nearly ten years of experience administering the subchapter.

Wildlife rehabilitation is the act of providing temporary care for injured, sick or orphaned wildlife with the goal of releasing them back into the wild. Animals released back into the wild must have the ability to recognize and find appropriate foods, socialize with members of their own species and exhibit normal behaviors such as fear of humans and predator avoidance.

This proposal will investigate clarifying the roles of care providers who assist with the rehabilitation of wildlife under the authority of the basic and/or advanced licensee's license. The goal is to increase the amount of supervision of assistants who are not licensed and a resulting increase in the quality of animal care. This may be accomplished by creating definitions for the terms, “volunteer", “subpermittee", “intern", or “care-provider". The proposal will establish a clear prohibition of rehabilitation by volunteers working under a license holder's authority with specific exemptions.

The addition of care providers (which includes interns) will allow both basic and advanced licensees to have individuals assist with basic wildlife rehabilitation activities. By allowing care providers, licensees can have qualified individuals assist with rehabilitation care in case of emergencies, busy times of the year, or when the licensee is not available. Complete authority and responsibility will remain with the licensee and all care providers can only assist with rehabilitation activities at the licensee's facility.

The addition of subpermittees allow advanced licensees the ability to have qualified individuals assisting with rehabilitation activities either on-site or off-site of the licensee's facility. As part of the proposed rule change, subpermittees will be subject to the same restrictions as basic licensees. These restrictions involve the types of animals that can be rehabilitated (those that are dangerous or difficult to handle), as well as euthanasia requirements.

These rules will establish requirements for basic and advanced licensees to add new species to their license authority.

These rules will require wildlife rehabilitation license applicants to indicate prior experience in wildlife rehabilitation and/or animal care, certify that they have read and understand a code of ethics for wildlife rehabilitators, and provide documentation of compliance with local ordinances.

These rules will establish continuing education requirements which must be met before renewing basic or advanced licenses, and will add that taking and passing an exam is required to apply for an advanced license.

This proposal will incorporate by reference the Minimum Standards for Wildlife Rehabilitation (or equivalent enclosures) for the size and construction of enclosures used to contain wild animals established by the National Wildlife Rehabilitation Association and the International Wildlife Rehabilitation Council. Additionally, applicants for wildlife rehabilitation licenses will need to provide a complete caging/enclosure report with pictures of their enclosures when their rehabilitation license applications are submitted.

This proposal will establish who can perform euthanasia on wild animals. Euthanasia may be performed by the advanced licensee, a basic licensee under the direct supervision of the sponsoring advanced licensee or their consulting veterinarian. The proposal also states that a licensed veterinarian who is not consulting a licensee can perform euthanasia.

This proposal will establish that, for purposes of responding to an oil spill or other disaster, a person licensed to rehabilitate wildlife in another state may temporarily assist with rehabilitation in this state.

This proposal will establish requirements for wildlife rehabilitation license applicants from other states and provinces who are requesting either a basic or advanced wildlife rehabilitation license.

The proposal prohibits by rule the rehabilitation of skunks because of threats to public and animal health of rabies in that species. Under the proposal, the rehabilitation of deer is also prohibited by rule in areas where CWD has been identified.

Current statutes and rule require rehabilitators to keep records of animals received, the condition of the animals and the disposition of each animal. For certain species, quarterly reporting to the department is required. Through this proposal, the department may modify reporting requirements.

Wildlife rehabilitation experience is required of an advanced license holder who wishes to sponsor basic license holders. This proposal requires that the advanced license holder be able to document or otherwise prove to the department that they have experience rehabilitating the species being considered and be approved by the department and the existing wildlife rehabilitation advisory committee. Potential sponsors will be reviewed by the Wildlife Rehabilitation Advisory Committee.

The proposal may expand the role of the existing Wildlife Rehabilitation Advisory Committee. The committee would continue to be focused on issues related to the wildlife rehabilitation but might also advise the department on other issues related to privately held captive wild animals.

This proposal will update cross-references and correct other errors that may be discovered during rule drafting.

This proposal may make other non-controversial updates that are identified during the rule drafting and review process.

The department's authority to authorize and regulate the rehabilitation of wild animals is established in s. 169.24, Stats. The department is directed by s. 169.24 (2), Stats., to, “promulgate rules to establish the qualifications required to obtain a rehabilitation license, the types of activities authorized by a rehabilitation license and the standards, limitations, and requirements for rehabilitation licenses."

200 hours will be necessary to develop these rules.

Holders of licenses to rehabilitate injured wild animals and their subpermittees, care providers, and volunteers are the primary people who will be impacted by these rules. Wildlife rehabilitation is typically performed by non-profit organizations or individuals and volunteers who are not reimbursed by government funding or by fees paid for services.

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. Under international treaty and Federal law, the possession of migratory birds is also regulated by the United States Fish & Wildlife Service. Additionally, federal regulations do apply to bald eagles and federally listed endangered or threatened species. None of these rule changes violate or conflict with the provisions established in the Federal Code of Regulations.

Wildlife rehabilitation is typically performed by non-profit organizations or individuals who are not reimbursed by government funding or by fees paid for services. These rules, and the legislation which grants the department rule making authority, will have no economic effect on small businesses. These rules are applicable to wildlife rehabilitators and impose no compliance or reporting requirements for small business, nor are any design or operational standards contained in the rule.

Scott Loomans, Wildlife Regulation Policy Specialist, (608)267-2452, scott.loomans@wisconsin.gov.

This statement of scope was approved by the governor on March 6, 2013.

WM-06-13, chs. NR 8, 10, 11, 15, and 18.

Migratory bird hunting regulations.

Permanent.

These will be permanent rules.

This proposal will establish a general framework of season dates, bag limits, and conditions for taking migratory game birds by hunting or falconry. Primary objectives of the rule will be to reduce the amount of migratory bird-related emergency rule making that is needed each year, to simplify regulations, codify provisions already in effect by emergency rule, and repeal a sunset provision.

In the past, the department has annually promulgated emergency and permanent rules 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. As part of the federal regulation of migratory game bird hunting, groups of states are organized into councils by migratory flyways to work together on the management and regulation of migratory game birds. Wisconsin is part of the Mississippi Flyway Council (MFC) which consists of 14 states and 3 Canadian provinces and state rules are subject to flyway council management plans and agreements. The department has promulgated permanent rules in the past so that information related to zones, tagging requirements for geese, and other regulations remain current. However, season dates and bag limits established in the Wis. Admin. Code reflect the previous year's season framework and are not useful, current information.

Through this rulemaking process, the department will evaluate ways to establish more general descriptions of the migratory bird hunting season in Wis. Admin. Code. For example, new rule language might start the duck season on the “last Saturday in September" instead of a specific date. Emergency rulemaking will still be required of the department as the federal frameworks are established each year, but a result would be less rulemaking overall.

Through this rulemaking process, the department will investigate what authority it has or which can be established to modify season dates or bag limits through an order of the department secretary instead of by rule. The ability to modify regulations, specifically when necessary to remain in compliance with the federal season framework, could reduce the amount of emergency rulemaking that is needed. A rule of this nature could establish sideboards requiring the department to take full advantage of the federal framework.