Order of the State of Wi
sconsin Natural Resources Board
Amending
and Creating
Rules
The statement of
scope for this rule, SS
025-13
, was approve
d by
the Governor on March 6, 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 ap
proved by the Governor on ___________________
.
The Wisconsin Natural Resources Board proposes an order
to
repeal Ch.
NR
16
.30 (9) (b) 3. and 4.;
and to amend
NR
10.001 (5v)
, 10.40 (3) (a) 1., and (e), 11.
10 (intro) and (note)
,
16.30 (9) (b), and
16.30 (9) (c)
; and to create
NR 10.105 (j)
,
wildlife management rules relating to
hunting, trapping, closed areas, nuisance wildlife management and captive wildlife.
WM-04-13
Analysis Prepared by the Department of Natural Resources
Statutory Authority 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 taking of unprotected species, move
ment of deer waste
, the ad
ministration of deer hunts
, legal trap types, and waterfowl hunting hours and season dates.
The establishment of game 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.
The department’s authority to authorize the removal of nuisance animals, such as monk parrots, is established in s.
29.885 (2)
.
The establishment of rules for the housing of captive wildlife is authorized in s.
169.39(3)
which directs the department to promulgate rules pertaining to the specifications for enclosures.
Statutes Interpreted and Explanation:
The chapter on wild animals and plants, in s
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 methods and times and the seasons for taking game and furbearing animals. Other statutes interpre
ted include ss.
23.09
(2)
(b)
and
169.39
(3)
.
Related Statute or Rule:
Under provisions of
2011 Act 28
, a Class B license is no longer required of people under the age of 16 for activities such as training dogs to track or trail bears but a license is still required for people under the age of 16 who are hunting bear under the authority of nuisance permits.
This rule proposal would update rules for consistency with Act 28.
Plain Language Rule Analysis:
These rule changes are proposed to update administrative code language to correct inconsistencies, update outdated language, and provide clarification when appropriate. This rule package will amend regulations for hunti
ng, deer carcass transportation, and captive wildlife found in
Ch.
N
R 10
,
11
,
12
, and
16
.
Section
1
increases t
he legal w
idth and height of colony traps
by one-half inch so that trappers and trap manufacturers can utilize readily accessible dimensional hardware cloth to construct these types of traps
.
Section
2
exempts private sector waste haulers from the requirement to obtain the department’s permission to move the waste to a landfill outside of the CWD management zone. Hauling may still only be to landfills which are licensed by the department.
Section
3
s
implifies the application process for special gun deer hunts for hunters with disabilities.
Section
4
implements a language correction recommended by the Legislative Reference Bureau
and removes a trademarked brand name from the same provision
.
Section
s
5
and 6
exempt
wolf-dog hybrids from the perimeter fence requirement that applies to some harmful wild animals and makes the pen standard for wolf-dog hybrids consistent with true wolves, a species for which there is no perimeter fence requirement.
These section also repeal a “sunrise” provision which is no longer needed.
Section
7
establish
es
new fence standards
for
captive wolf, wolf-dog hybrids, and coyote which would be the same as current rules for captive bear. The fences would need to be 8 feet tall with an additional 3 feet at the top slanted inward 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.
This section also repeals a “sunrise” provision which is no longer needed.
Federal Regulatory Analysis:
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.
Comparison with rules in Adjacent States:
These rule change proposals do not represent significant policy changes and do not differ significantly from surrounding states. All surrounding states have regulations and rules in place for the management and recreational use of wild game and furbearer species that are established based on needs that are unique to that state’s resources and public desires.
Summary of Factual Data and Analytical Methodologies:
All of the policies in this rule are generally consistent with past board policies of regulating fish and game harvest for conservation purposes.
Colony Traps are a legal trap type for muskrat. The legal width and height of colony traps would be increased by one-half inch so that trappers and trap manufacturers can utilize readily accessible dimensional hardware cloth to construct these types of traps.
Under current rules, deer waste from the CWD management zone may only be disposed at a landfill within the CWD management zone unless permission to move the waste to a landfill outside of the CWD management zone is granted by the department. This change would allow private sector waste haulers to negotiate disposal contracts with landfills outside of the CWD management zone, which could allow private sector business more cost effective methods for disposing of deer waste.
The current application process for sponsor
ing a Gun Deer Hunt for People w
ith Disabilities on private l
and is cumbersome. Simplifying
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.
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
.
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).
These rules also
exempt wolf-dog hybrids from the perimeter fence requirement that applies to some harmful wild animals and makes the pen standard for wolf-dog hybrids consistent with true wolves, a species for which there is no perimeter fence requirement.
Anticipated Private Sector Costs and Economic Impact of Implementing the Rule
:
These rules, and the legislation which grants the department rule making authority, do not have a significant fiscal 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, nor are any design or operational standards contained in the rule.
The
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.
Effects on Small Business:
These rules are applicable to individual sportspersons and impose no compliance or reporting requirements for small business
es, and no design
standards are contained in the rule.
This rule
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.
Because this rule does not add any regulatory requirements for small businesses, the proposed rules will not have a significant
economic impact on a substantial number of small busine
sses
under 227.24
(3m)
.
Agency Contact Person:
Scott Loomans, 101 South Webster St., PO BOX 7921, Madison, WI 53707-7921. (608) 267-2452,
scott.loomans@wisconsin.gov
Comment Period:
Comments may be sent to the agency
c
ontact person through December 31
, 2015
Section 1. NR 10.001 (5v)
is amended to read:
NR 10.001
(5v)
"Colony trap" means an enclosure device designed to allow the capture of one or more fur-bearing animals in a single setting as a drowning set. Entrance to the device is gained by one or more one-way entrances with overall dimensions of the trap not to exceed
6
6.5
inches in width,
6
6.5
inches in height and
36
36.5
inches in length.
Section
2
. NR 10.
105 (j) is created
to read:
NR 10.105
(4)
(j) Transportation of deer carcasses
by a licensed solid waste transporter regulated under NR 502.06 Wis. Admin. Code or
by
a person
who is under contract
with the department to transport
deer killed by vehicles for disposal in a landfill.
Section 3
. NR 10.40 (3)
(a) 1., and (e) , are
amended to read:
NR 10.40 (3)
NR 10.40(3)(a)
(a)
Application requirements.
NR 10.40(3)(a)1.
1.
All applications to conduct a special gun deer hunt shall be on department forms and be submitted to the designated department office for the county within which the hunt will be conducted by
June 1
by the date established by the department on the form
.
NR 10.40(3)(a)2.
2.
All applications shall include:
NR 10.40(3)(a)2.a.
a.
The authorization of the host landowner to conduct a special gun deer hunt; and
NR 10.40(3)(a)2.b.
b.
A legal description of the lands on which the hunt is to be conducted.
NR 10.40(3)(a)3.
3.
The applicant shall provide a final list of the names, addresses and Class A or C permit numbers of all participating hunters and the names of their designated assistants to the department by September 1.
(e)
Hunter participation limits.
The department may not authorize a special gun deer hunt if the number of participating hunters is less than 3
or if the hunter density will exceed 2 per 40 acres of land described on the application
.
Section
4
. NR 11.10 (intro) and (note) are amended to read:
NR 11.10
Marten protection
[closed]
closed
areas.
A closed season is established in the following areas posted with department signs. No person may trap any species of wild animal thereon at any time unless using cage or box traps or cable restraints in compliance with
s.
NR 10.13
, except that steel jawed traps, enclosed trigger traps, snares, or body-gripping traps
of the conibear type
as authorized under
s.
NR 10.13
may be used as water sets during the open seasons established in
s.
NR 10.01 (4)
.
Note:
The bracketed language was dropped from
CR 08-011
without being shown as stricken. The department intends to reinsert the dropped language in a future rule order.
Section
5
. NR 16.30 (9) (b) is amended to read:
NR 16.30 (9)
(b)
Perimeter fence.
An outdoor housing facility for harmful wild animals other than mute swans
, wolf-dog hybrids
and wild or feral swine shall be enclosed by a perimeter fence that is at least 8 feet high. Fences less than 8 feet high may be approved by the department. An outdoor housing facility for wild or feral swine shall be enclosed by a perimeter fence that is at least 4 feet high not including any portion of the fence that is buried. The fence shall be constructed so that it protects the enclosed species by restricting unauthorized humans from having contact with the enclosed species. It shall be of sufficient distance from the outside wall or fence of the primary enclosure to prevent physical contact with captive wild animals inside the enclosure. Fences less than 3 feet in distance from the primary enclosure may be used if approved by the department. A perimeter fence is not required if any of the following apply:
Section
6
. NR 16.30 (9) (b) 3. and 4. are repealed.
Section
7
.
NR 16.30 (9) (c)
is
amended to read:
NR 16.30 (9)
(c)
1
.
Bear
, wolf, wolf-dog hybrid, and coyote
pens with open tops shall be a minimum of 1000 square feet. The walls shall be a minimum of 8 feet in height with an additional 3 feet at the top slanted inward at a 30 to 45 degree angle.
2.
Cougar, bobcat,
and
lynx
, timber wolf, wolf-dog hybrid, and coyote
pens with open tops shall be a minimum of 1000 square feet. The walls shall be a minimum
of 10 feet in height with an additional 4 feet at the top slanted in at a 30
°
to 45
°
angle.
This section applies to owners of wolf-dog hybrids beginning on January 1, 2014
.
Section
8
.
E
ffective Date
.
This rule shall
take effect
on
the first day of the month following
publication
in the Wisconsin Administrative Register as provided in s.
227.22
(2)
(intro.)
, Stats
.
Section
9
. Board adoption.
This rule was approved and adopted by the State of Wisconsin Natural Resources Board o
n
________________
.
