SS_123-15 Establishing the 2016 migratory bird season framework and regulations in Ch. NR 10 Wis. Admin. Code

Statement of Scope

Department of Natural Resources

Rule No. :

WM- 01 -1 6 (E)

Relating to :

Establishing the 2016 migratory b ird season f ramework and regulations in Ch. NR 10 Wis. Admin. Code

Rule Type:

These will be emergency rules

1. Finding/nature of emergency (Emergency Rule only):

The emergency rule procedure, pursuant to s. 227.24 , Stats., is necessary and justified in establishing rules to protect the public welfare. The federal government and state legislature have delegated to the appropriate agencies rule-making authority to control the hunting of migratory birds. The State of Wisconsin must comply with federal regulations in the establishment of migratory bird hunting seasons and conditions. Federal regulations are not made available to state s u ntil the same year that the regulations must be implemented in order to have annual migratory bird hunting seasons . Thi s order is designed to bring state hunting regulations into conformity with the federal regulations. Normal rule-making procedures will not allow th e promulgation of permanent rules prior to when the seasons should be open . Failure to modify our rules will result in the failure to provide hunting opportunity and continuation of rules which conflict with federal regulations.

2 . Detailed d escriptio n of the objective of the proposed rule:

This emergency ru le order will establish the 2016 migratory bird hunting season framework whic h primarily includes hunting seasons and regulations for ducks and geese .

3 . Description of existing policies relevant to the rule and of new policies proposed to be included in the rule and an a nalysis of policy alternatives ; the history , background and justification for the proposed rule :

These rules may modify season dates, bag limits, and o ther regulations for the duck and goose h unting seasons, most of which begin in September . These seasons are part of the fede ral migratory bird season frameworks and the United States Fish and Wildlife Service needs to be informed of the State of Wisconsin Natural Resources Board d ecision s on these seasons by April 30, 2016 .

In previous years , the department has adopted rules as late as August after receiving the final federal framework in late July. Beginning in 2016, states may receive the same season’s federal framework information as early as March and could adopt rules in April. While this new timeline affords state’s additional time to prepare for migratory bird hunting seasons, the adoption of emergency rules is still necessary under this timeline. Legislative review of a permanent rule would not begin until well after seasons would be done, in January 2017 with the beginning of the next legislative session.

This is an annual rule that will be consistent with a federal framework and is not a change from past policies. Migratory game bird hunting is regulated by the United States Fish & Wildlife Service (USFWS), in 50 CFR part 20 , who will offer a final season framework to Wisconsin in the spring of 2015 . The State of Wisconsin’s season proposal will be based on the federal framework , flyway agreements, and local conditions.

At this time, the department anticipates that the federal season framework may include an expansion of Canada goose hunting opportunities in 2016. For example, expanded opportunities could include an increase in the daily bag limit. We are also aware that the service is considering a reduction in the bag limit for canvasback ducks from two birds daily to one. Additional season framework changes are possible or likely but cannot be reliably anticipated at this time.

These rules may make additional updates such as correcting cross-reference citations, updating road names on maps, changes needed in order to update application forms, or revisions which are necessary for consistency with recently enacted legislation.

The department may include other, minor, non-controversial rule proposals including ones which have passed at the annual Spring Fish & Wildlife Hearings as advisory questions by the Conservation Congress.

Migratory birds include NR 10.001(15)(a) wild ducks, geese, brant, NR 10.001(15)(b) doves, NR 10.001(15)(c) rails, coots, gallinules, NR 10.001(15)(d) woodcock, Wilson's snipe and jacksnipe.

4. Detailed explanation of statutory authority for the rule (including the statutory citation and language):

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 promulgate rules related to migratory game bird hunting and hunting and trapping for other species .

Special regulations on the taking of certain wild animals are authorized under s. 29.192 , including specific language that authorizes rules related to Canada goose hunting.

The establishment of migratory game bird refuges is authorized in s. 23.09 (2) (b) 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.

Wisconsin’s boundary waters with other states are popular waterfowl hunting locations. Specific authority to regulate hunting in and on all interstate boundary waters and outlying waters is established in s. 29.041 .

Sections 23.11 and 29.014 , Stats. allow for the protection of natural resources on state lands such as migratory bird refuges , establish general department powers, and authority to establish hunting and trapping regulations on department managed lands.

5 . Estimate of the amount of time that state employees will spend to develop the rule and of other resource s necessary to develop the rule:

Approximately 64 0 hours will be needed by the department prior to and following the hearings.

6 . Description of all entities that may be impacted by the rule:

These rules will impact migratory game bird hunters and those who enjoy viewing waterfowl in Wisconsin.

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 :

Migratory game bird hunting is regulated by the United States Fish & Wildlife Service (USFWS), in 50 CFR part 20 . Under international treaty and Federal law, migratory game bird seasons are closed unless opened annually through the USFWS regulations process. As part of the federal rule process, the service annually evaluates migratory game bird populations and breeding habitat in cooperation with state provincial agencies and the Canadian Wildlife Service. After considering recommendations from the flyway councils of states and the guidance of cooperatively developed harvest strategies, the USFWS establishes annual frameworks within flyway or bird populations regions. States can then establish hunting seasons within the sideboards for each species and region. As a result, the hunting seasons of neighboring states are similar to Wisconsin migratory game bird hunting regulations because they are subject to the same federal frameworks.

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. The hunting season frameworks proposed in this rule will be comparable to those in place during the previous season. These rules are applicable to individual hunters and impose no compliance or reporting requirements for small business, nor are any design or operational standards contained in the rule.

Contact Person: Scott Loomans, 101 S Webster St., Madison, WI 53707, [phone], [e-mail] or Kent Van Horn, Migratory Birds Specialist, 101 South Webster Street, PO Box 7921, Madison, WI 53707-7921, [phone], [e-mail]