Order
of the State of Wi
sconsin Natural Resources Board
Repealing,
Renumbering, Renumbering and Amending,
Amending
,
Repealing and Rec
reating
, and Creating Rules
The statement of
scope for this rule, SS
145
-15
, was approve
d by
the Governor on December 22
, 2015
, published in
Register No.
721A1
on
January 4
,
2016
and approved by the Natural Resources Board on
January 27, 2016
. This emergency
rule
was ap
proved by the Governor on
March 4, 2016
.
The Wisconsin Natural Resources Board proposes an order
to
repeal Ch.
NR
8.01 (2), (5), and (6), 8.03 (2) (b)
and
(3) (b), 8.05, 10.103 (Note),
10.104 (7) (a) 2m.
,
(7) (b) 2m.
, and
(7) (c) 2m.,
10.105 (2),
10.106 (2) (a) to (c) and (3),
10.11 (3),
(4) (Intro.) and (a),
(5)
,
and (6),
10.125 (3) (a) to (c), 10.145 (5) and (6),
and
10.25 (3)
;
to renumber NR
10.106 (1),
10.145 (7) and (8),
and
10.25 (4) and (5)
; to renumber and amend NR
10.106 (2) (Intro.)
and
10.11 (4) (b)
; to amend
NR
Subch. I - NR 8 (title), 8.02,
8.03 (2) (c) (Intro.), 8.04 (1) (a) and (b), 8.07,
8.52 (1) (b) 2., (c) 2. and (d) 2., 8.54 (1) (a) 2. and (b),
10.08 (Intro.),
10.103 (1),
10.104 (7) (a) 2.
,
(7) (b) 2.
,
(7) (c) 2.,
and
(9), 10.125 (1) (d)
and
(3) (Intro.),
10.25 (2) (a) 1.
, 12.06 (10), 12.15 (5) (a), 20.07 (1) and (Note)
and
(2) to (5),
20.10 (4)
, (5) to (7),
(8), (10), and (11), 23.12 (1) and (Note)
and
(2) to (4)
; to repeal and recreate NR
8.01 (1),
10.101 (3),
10.103 (2),
10.105 (1), 10.11 (2)
10.145 (4), 10.25 (2), 10.26 (2),
12.16 (5)
; and to create NR
8.01 (3m), 8.045,
10.08 (7)
and (Note),
10.085,
12.10 (12),
20.07
(1m), (1r)
,
(
Note)
,
(1v)
,
(6)
,
and (7), 20.10 (4m)
,
(7m),
and
(12),
23.12 (1m), (1r)
,
(
Note), and (1v), 23.12 (5) and (6)
; related to Customer and Outreach Services rules related to the automated system for delivering recreational license products
.
CS-04-16
(E)
Analysis Prepared by the Department of Natural Resources
Statutory Authority and Explanation
of Agency Authority
:
Non
-
statutory provisions of
2015 Act 89
establish that the department may enact these rules using the process for emergency rules without finding that promulgating a rule is necessary for the preservation of public peace, health, safety, or welfare. The emergency rule may remain in effect until July 1, 2018 or until the permanent rule is promulgated.
The chapter on conservation, in s.
23.47
created in
2015 Act 89
, establishes the department may promulgate rules relating to forms of acceptable proof of an approval, electronic retrieval of information, and reprints of approvals and safety certificates.
The chapter on wild animals and plants, in s.
29.014
, “rule making for this chapter”, establishes that the department shall establish and maintain conditions for taking fish and game. This grant of rule-making authority allows the department to promulgate rules related to the licensing, use of harvest permits, and other regulations necessary to conserve the fish and game supply and ensure the citizens of this state continued opportunities for good fishing, hunting
,
and trapping.
Wisconsin’s boundary waters with other states are popular hunting, fishing
,
and trapping locations. Specific authority to regulate hunting
and fishing
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, establish general department powers on lands it manages including migratory bird refuges, and authority to establish hunting and trapping regulations on department managed lands. This authority could apply if property-specific permits currently issued by the department are converted to electronic permit delivery.
Statutes Interpreted and Explanation:
Nonstatutory provisions of
2015 Act 89
establish that the department may enact these rules using the process for emergency rules without finding that promulgating a rule is necessary for the preservation of public peace, health, safety, or welfare.
The chapter on conservation, in s.
23.47
created in
2015 Act 89
, establishes the department may promulgate rules relating to forms of acceptable proof of an approval, electronic retrieval of information, and reprints of approvals and safety certificates.
The chapter on wild animals and plants, in s.
29.014
, “rule making for this chapter”, establishes that the department shall establish and maintain conditions for taking fish and game. Wisconsin’s boundary waters with other states are popular hunting, fishing and trapping locations. Specific authority to regulate hunting
and fishing
in and on all interstate boundary waters and outly
ing waters is established in s.
29.041.
Related Statute or Rule:
The department is also promulgating permanent rules wh
ich will be similar
to these emergency rules.
The statement of scope for the permanent rule is the same document through which this emergency rule was approved, SS
145-15
approved by the Governor on December 22, 2015, published in
Register No. 721A1
on January 4, 2016 and approved by the Natural Resources Board on January 27, 2016.
Plain Language Rule Analysis:
These rules will modernize Wisconsin’s automated system for delivering recreational license products. This will result in better access to products, faster delivery of special permits and registrations, and improved customer service and satisfaction.
Sections
1, 6
,
13, 14,
and
15
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.
Section
2
repeals an unnecessary definition of “approval” and creates a definition of “authenticated” that identifies the conditions under which a Wisconsin operator’s license is valid as a form of proof of holding an approval.
Section
3
repeals the definition of “automated license issuance system”, a term that is no longer used in NR 8. While “automated license issuance system” is being replaced through NR 8 with “statewide automated system”, it is not necessary to define “statewide automated system
”.
Section
4
creates a definition of “digital file” that specifies the file format type as a pdf file issued by the department for purposes of displaying on an electronic device as proof of holding an approval
.
Section
5
repeals unnecessary definitions of “retail agent” and “service provider”.
Section
7
repeals an outdated deadline to submit license agent applications.
Section
8
makes housekeeping changes to correct reference to a sub. and removes superfluous language.
Section
9
repeals a requirement that has been eliminated. Previously, all license agents were required to enter into an agreement with the service provider covering the maintenance and support of the electronic license equipment.
Section
10
clarifies an applicant shall sign the purchase receipt attesting to their residency and that their privileges for all approvals issued have not been suspended in addition to being revoked, eliminates the unnecessary phrase “in a court of law”, and eliminates the requirement to carry the signed approval while exercising privileges authorized by the department, consistent with the change made in
2015 Act 89
.
Section
11
establishes the alternative forms of acceptable proof of items that are issued by the department’s statewide automated system and the locations at and times during which those forms of proof are valid. For hunting licenses, hunting stamps, trapping licenses, guide licenses, and wild rice harvest licenses, and fishing approvals and stamps used on inland waters that are not boundary waters or outlying waters, acceptable alternative forms of proof include a reprint of the original approval, a Wisconsin driver’s license, a conservation card, or a digital file displayed on an electronic device. For fishing licenses and fishing stamps used while fishing on inland waters that are boundary waters or while
fishing on outlying waters, acceptable forms of proof include a reprint of the original approval. For hunter education, bow hunter education, elk hunter education, and trapper education certificates of accomplishment, acceptable alternative forms of proof include a reprint of the original approval, a Wisconsin driver’s license, a conservation card, or a digital file displayed on an electronic device. For
atv/utv,
boating
,
and snowmobile safety certificates, acceptable alternative forms of proof include a reprint of the original or
a digital file displayed on an electronic device. For temporary operating receipts issued for atv/utv, boat, or snowmobile registration
or
temporary trail use receipts issued for atv/utv and snowmobile trail passes, the only alternative forms of proof allowed is a digital file displayed on an electronic device. For a unique carcass tag for bear, deer, goose, grouse, sturgeon or turkey that has not been validated, the only alternative form of proof allowed is a reprint of the original approval. This section stipulates that once a person harvests a bear, deer, goose, grouse, sturgeon or turkey under the authority of an unfilled
carcass
tag, that tag is considered filled and may no longer be reprinted. Lastly, this section establishes a person may obtain a reprint by printing a high-quality hard-copy themselves, requesting the department reprint the approval at a Service Center, or requesting a license agent reprint the approval.
Section
12
repeals a rule provision regarding telephone issuance of approvals deemed unnecessary, as this rule provision recreates department authority already provided in statute.
Sections 1
6
and
1
7
of these rules consolidate
requirements for the possession and transportation of certain game species in one location and makes the requirements more consistent among all of the species affected. All of the provisions of this section are in place under current rules.
Section
18
establishes new regulations for the tagging and registration of game, consolidates existing regulatory information in one location, and makes regulations consistent among the species affected. The new rule provisions eliminate requirements that carcass tags be validated by marking the tag with a knife so that writing on the tag can
be another way to validate them
. These rules also eliminate the requirement that carcass tags be immediately attached after harvesting an animal, which will prevent loss or damage to carcass tags which are paper instead of a more durable material. It would still be required to display the carcass tag upon the department’s request or to attach the tag any time the carcass is left unattended by the person who tagged the animal. The species affected are the ones for which the department requires carcass tags and includes:
deer, bear, elk, wild turkey, sharp-tailed grouse, Canada goose when extra harvest control measures are being implemen
ted, bobcat, fisher, otter, and wolves when they are not listed as a threatened or endangered species.
Section
19
repeals detailed descriptions of the requirements for validating, attaching, and removal and retention of bear carcass tags and establishes a cross reference to the new location for that information.
Sections
20
to
22
repeal a prohibition of possessing a validated deer carcass tag while hunting and not also in possession of a deer carcass. This prohibition is re-established in
Section
s 1
6
and
17
of these rules, and would apply for other permit species in addition to deer.
Sections
23
to
28
repeal rules that were to be effective for the first time in 2016 and would have modified the allowable uses of antlerless tags issued with an archer or crossbow license. This rule will maintain that antlerless tags are valid in a farmland zone unit of the buyer’s choice and will result in no change compared with rules in effect in 2014 and in 2015. These sections will maintain that antlerless permits issued with the purchase of a firearm, archer, or crossbow license are
not weapon or season specific, but the holder must possess the correct license for the method of harvest and season, which will also result in
no change compared with rules previously in effect.
Section
29
corrects a drafting error from previous rulemaking.
Sections
30 and 31
repeal detailed descriptions of the requirements for possessing and transporting deer and bear and establish a cross reference to the new location for that information.
Section
32
moves
language
that establishes
regulations for quartering deer and bear carcasses
in the field
to a more appropriate subsection
.
Section
s
33
and
34
repeal detailed descriptions of the requirements for registering and for tagging registered deer and bear and establishes a cross reference to the new location for that information.
Sections
35
to
38
repeal requirements and prohibitions related to transportation of elk, elk carcass tags, and the registration of harvested elk. This language is reestablished in
Section
s 1
6
and 17
of these rules and is more consistent with comparable requirements for other species. Finally,
Section
38
also repeals a cross reference to the hunting hours for elk which may be superfluous language considering that similar cross references to the section establishing all hunting hours are not found where the regulations for other species are established.
Sections
39
to
41
amend
detailed descriptions of the requirements for tagging, possessing and transporting Canada geese and establish a cross reference to the new location for that information. The department’s ability to require that Canada geese harvested in the Horicon be tagged is not currently being utilized but this language is being updated in case that harvest control measure is needed in the future.
Sections
42
to
44
repeal requirements for tagging, recording of harvest, possessing, and transferring harvested bobcat, otter, fisher
, and wolf
. A cross reference to the new location for that information is established. It will still be necessary to physically attach a pelt tag to these species immediately upon harvest and registration of the pelts at a department location will still be required. However, if the department determines that not attachin
g carcass tags
would be feasible in the future, the department would have the flexibi
lity to allow that practice
.
Sections
45
to
48
repeal detailed descriptions of the requirements for tagging and registering wild turkeys and establish a cross reference to the new location for that information.
Section
49
repeals a detailed description of the requirements for tagging sharp-tailed grouse and establishes a cross reference to the new location for that information.
Sections
50
to
53
repeal detailed descriptions of the requirements for tagging and registering deer harvested under the authority of nuisance and damage permits in Ch.
NR 12
and establish a cross reference to the new location for that information in Ch.
NR 10
.
Sections
54 to
57 regard hook and line angling for lake sturgeon on certain inland rivers and Lake Superior;
Sections
5
8
to
63 regard lake sturgeon spearing on Lake Winnebago and spearing on nearby upriver lakes; and
Sections
6
4 to
67 regard hook and line angling for lake sturgeon on Wisconsin-Michigan boundary waters. All of these sections
update
rules
for the tagging
and registration
of lake sturgeon harvested during the existing hook
‑and
‑line and spearing seasons. The rule provisions eliminate requirements that a carcass tag be validated by marking it with a knife. Instead, people who harvest sturgeon must follow the validation directions written on the carcass tags
: w
riting the date of harvest
. These sections
also eliminate the requirement that carcass tags be immediately attached after harvesting an animal, which will prevent loss or damage to carcass tags which are paper instea
d of a more durable material. Anglers
will be required to display the carcass tag upon the department’s request or to attach the tag any time the carcass is left unattended by the person who tagged the animal. The rule also clarifies
that the person who harvested the sturgeon must be the person who registers a sturgeon at a department registration station.
Federal Regulatory Analysis:
States may manage the fish and 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.
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. Wisconsin annually adjusts migratory bird seasons and regulations in order to stay within the federal framework.
Comparison with rules in Adjacent States:
Wisconsin’s surrounding states have comparable
systems for the delivery of licensing products. Minnesota, Iowa
,
and Indiana all utilize print-on-demand systems with plain paper. Michigan still uses a durable paper system with equipment supported by their agency. Minnesota, Iowa, Illinois and Indiana all utilize electronic harvest reporting or registration systems
.
Summary of Factual Data and Analytical Methodologies:
T
he pol
icies in this rule are
consistent with pa
st
policies of issuing recreational licenses through an electronic based system using a network of local vendors and department offices
.
Participants in outdoor recreational activities are a primary entity who will be affected by the proposed rule. Activities licensed by the department include hunting, fishing and trapping, as well as permits/passes/registrations for state parks, boats, snowmobiles, all-terrain vehicles.
Private vendors who contract with the department to issue licenses will also be affected by the proposed rules. Those include a range of retail outlets such as convenience stores, department stores, small sporting goods shops, as well as large retailers of outdoors-related merchandise. In nearly all situations, the effects are likely to be minimal but would result in improved delivery and access to services.
Various methods to manage the public harvest of wild animals or sturgeon are available to the department. The department requires the use of carcass tags for certain species when that will assure equitable distribution of harvest, regulations compliance, or to limit harvest to a very specific level. Hunters purchase tags or, when demand exceeds supply, apply to be included in random drawings for tags.
For wildlife species, carcass tags are required to hunt or trap
deer, bear, elk, wild turkey, sharp-tailed grouse, Canada goose when extra harvest control measures are being
implemented, bobcat, fisher,
otter
, and wolves when they are not listed as a threatened or endangered species
.
A carcass tag is also required when an angler intends to harvest, or keep, a lake sturgeon during an open fishing season.
Immediately upon harvest
ing an animal for which a carcass tag
is required, the carcass tag must be validated. Under current rules,
this is done by cutting the
corresponding
tag
with marks for information such as the date and time of harvest. Under these proposed rules, the department will be able to allow
carcass
tags to be validated by other methods as indicate
d on the tag
. This will allow hunters
and anglers
to write on the tag which may allow hunters to record more information than under current rules.
In the past, carcass tags have been made of a durable material that resisted damage from environmental elements and tags were required to be attached to the animal. Under the department’s current contract for a statewide automated system, tags will be printed on plain paper. Through these rules the requirement to attach carcass tags will be relaxed, but not eliminated, so that paper tags are not damaged or lost while in the field
or on the water
. These rules will allow a person to keep a validated carcass tag safely in a pocket
or wallet while, for instance, dragging a deer out of the field. To assure compliance with the requirement to validate tags, under current and these proposed rules, hunters
and anglers
will be required to display the tag to the department upon request. The requirement to attach tags will still apply wh
en an animal is left
by the person who validated the tag for the animal. These rules require that information on the
carcass
tags remain legible and suggest that tags can be protected by enclosing them in a watertight, plastic bag such as a sandwich or snack bag.
These rules will still require that carcass tags be attached to bobcat, otter and fisher and the department will continue to issue durable carcass tags which will be produced outside of the statewid
e automated system. Under this
rule the department could utilize paper tags through
the
statewide
automated
system if it determined that would be practical at a later time.
Electronic harvest registration is required of deer, bear and turkey hunters. These rules would expand that requirement so that elk harvest could be registered electronically. However, the option to require in-person registration is also retained. When the first elk seasons are held, the department anticipates that it may want to inspect carcasses for research purposes.
Successful sharp-tailed grouse hunters are asked to mail a registration stub, which is currently issued along with the carcass tag, to the department. However, registration is not mandatory under administrative rules and there are no citations to issue for failing to register sharp-tailed grouse. For consistency, these rules establish a requirement to register harvest with the department consistent with the requirements for deer and bear.
A policy alternative to contract with a vendor whose system would allow the issuance of
carcass
tag
s
made of a material that is more durable and more difficult to duplicate illegally was evaluated. The benefits of paper tags are significant and include immediate purchase fulfillment of internet purchases, simpler equipment for vendors, and less expensive tag and license material. The requirement to electronically register most species by 5:00 on the day after harvest will reduce fraud related to the illegal duplication of permits. For the first time with this statewide automated system, conservation wardens will quickly be able to query a database to find out if an animal has been registered. In the past, registration stubs filled out by hand were not recorded into a database for weeks. The incentive to register animals is significant because a registration verification number is needed to take a harvested animal to a taxidermist, meat processor, fur dresser, or simply to possess it legally. There are additional benefits that result from the new statewide automated system which will result in new opportunities to verify compliance and which may counterbalance perceived opportunities to illegally duplicate permits.
Another provision
repeals rules that were to be effective for the first time in 2016 and would have modified the allowable uses of antlerless tags issued with an archer or crossbow license by establishing that they are valid statewide except in units without an antlerless quota. This rule will maintain that antlerless tags are valid in a farmland zone unit of the buyer’s choice and will result in no change compared with rules in effect in 2014 and in 2015. These sections will maintain that antlerless permits issued with the purchase of a firearm, archer, or crossbow license are
not weapon or season specific, but the holder must possess the correct license for the method of harvest and season, which will also result in
no change compared with rules in effect in 2014 and in 2015. Based on experience gained by the department during th
e previous two seasons, it is assumed that
regulations in place for those years were accepted by the public and there is no need to implement the more complicated regulations that were scheduled to be in effect for 2016.
Anticipated Private Sector Costs and Economic Impact of Implementing the Rule
:
No economic impacts are anticipated as a result of these rules. The department currently contracts with a vendor and
provides automated licensing to the public at private retail outlets, department service centers, and online. Following these rules, the same basic framework of license delivery would still be in place.
The department
anticipate
s
improved delivery of services and continued high levels of customer satisfaction because more services will be available at all locations and through the internet.
These proposals will generally contribute to providing access to opportunities for hunting, fishing, trapping and other outdoor activities and maintenance of the economic activity generated by people who participate in those activities. The long range implications of this rule proposal will be the same as the short term impacts in that access to outdoor recreational activities will continue or improve and that activity will continue to generate economic activity.
These rules are primarily applicable to individuals and impose no new compliance or reporting requirements for small business. Vendors who choose to serve as department license outlets would continue to have compliance and reporting requirements and follow operational standards, however, we do not anticipate that those will be significantly different than what is currently required of vendors.
These rules will not modify the actual fees for any licenses, permits, registrations, or trail use stickers.
Pursuant to the Governor’s Executive Order 50, Section II, this will be a level 3 economic impact analysis for the permanent version of this rule. For the comparable permanent rule, a notice for Solicitation of comments on this analysis will be posted on the department’s websi
te in the spring season of 2016
and various interest groups may be contacted by email.
Effects on Small Business:
The department currently contracts with a vendor and provides automated licensing to the public at private retail outlets, department service centers, and online. Following these rules, the same basic framework of license delivery would still be in place.
These rules are primarily applicable to individuals and impose no new compliance or reporting requirements for small business. Vendors who choose to serve as department license outlets would continue to have compliance and reporting requirements and follow operational standards, however, we do not anticipate that those will be significantly different than what is currently required of vendors.
Agency Contact Person:
Linda Olver
, 101 South Webster St., PO BOX 7921, Ma
dison, WI 53707-7921. (608) 264-8985
,
linda.olver@wisconsin.gov
Section
1
. Subch. I - NR 8 (title) is amended to read
:
Subch. I - NR 8.
Standards and Procedures for the
Statewide
Automated
License Issuance
System.
Section
2
. NR 8.01 (1) is repealed and recreated to read:
NR 8.01 (1)
“Authenticated”, for purposes of s.
NR 8.045
, means the
department
or agent appointed under s.
29.024 (6) (a)
, Stats., in the presence of an applicant, has
physically handled an
applicant’s
operator’s license and verified, using department of transportation records, the applicant’s identity and that the applicant’s customer account is properly linked to the operator’s license.
Section
3
.
NR 8.01 (2) is repealed.
Section
4
. NR 8.01 (3m) is created to read:
NR 8.01 (3m)
“Digital file”, for purposes of s.
NR 8.045
, means a portable document format (pdf) file.
Section
5
. NR 8.01 (5)
and (6) are
repealed.
Section
6
. NR 8.02
is amended to read:
NR 8.02
Authorization to issue approvals.
All license agents shall issue all department approvals or federal approvals designated by the department to be issued through the
statewide
automated
licensing
system, except for approvals designated by the department to be issued only by the department or by specified license agents.
Section
7
. NR 8.03
(2) (b)
is
repealed
.
Section
8
. NR 8.0
3
(2) (c)
(Intro.)
is amended to read
:
NR 8.03
(2)
(c) All license agent applicants not included in par. (a)
or (b)
shall be considered for approval by the department. Factors which may be considered for approval of an application include
, but are not limited to the following
:
Section
9
. NR 8.03
(3) (b) is
repealed.
Section
10
. NR 8.04 (1) (a)
and
(b) are
amended to read
:
NR 8.04 (1)
(a) An applicant shall provide appropriate identification and update all personal information as indicated by the department's license issuance manual when applying for an approval. In addition, an applicant shall sign the purchase receipt attesting to his or her residency and that his or her privileges for all approvals issued have not been
suspended or
revoked
by a court of law
.
NR 8.04 (1)
(b)
An applicant shall sign the issued approval, if required by the department on the approval form, before exercising any privileges authorized by the approval
and carry the signed approval on their person when exercising privileges authorized by the approval
.
Section
11
. NR 8.045
is
created to read:
NR 8.045 (Title) Forms of proof; reprints.
NR 8.045 (1)
Pursuant to s.
23.47
(1)
Stats., thi
s sub.
establishes
that only the following, issued through the statewide automated system,
may be used to provide proof of authorization to engage in the activities in par.’s (a) to (g).
(a) For hunting licenses, hunting stamps, and trapping licenses, authorized under subch.
III of ch. 29
, Stats., as published on January 1, 2016, except licenses and stamps authorized by s.
29.2297
, Stats., and
wild rice harvest licenses issued under 29.607 (
3
)
and
guide licenses issued under s.
29.512
, Stats.
1.
A reprint, as designated under sub. (3), of the
original approval document issued by the department or agent appointed under s.
29.024 (6) (a)
, Stats.
2. A conservation card issued under s.
23.47(2)
, Stats.
3. An authenticated, current, non-expired Wisconsin operator’s license issued by the department of transportation, of the type required under s.
343.18(1)
, Stats.
4. A discernible and easily viewable image produced by a digital file issued by the department, displayed on any electronic device, including a cellular telephone, in a manner that permits a law enforcement officer to complete a meaningful inspection of such image for purposes of establishing compliance with s.
29.024(1)
, Stats.
(b) For fishing licenses and fishing stamps, authorized under subch.
III of ch. 29
, Stats., as published on January 1, 2016, only while fishing on inland waters that are not boundary waters.
1.
A reprint, as designated under sub. (3), of the
original approval document issued by the department or agent appointed under s.
29.024 (6) (a)
, Stats.
2. A conservation card issued under s.
23.47
(2)
, Stats.
3. An authenticated, current, non-expired Wisconsin operator’s license issued by the department of transportation, of the type required under s. 343.1
(1), Stats.
4. A discernible and easily viewable image produced by a digital file issued by the department, displayed on any electronic device, including a cellular telephone, in a manner that permits a law enforcement officer to complete a meaningful inspection of such image for purposes of establishing compliance with s.
29.024
(1)
, Stats.
(c) For fishing licenses and fishing stamps, authorized under subch.
III of ch. 29
, Stats., as published on January
1, 2016, while fishing on the
waters that are boundary waters or while fishing on
the waters that are
outlying waters
, a
reprint, as designated under sub. (3), of the
original approval document issued by the department or agent appointed under s.
29.024 (6) (a)
, Stats.
(d)
F
or
certificates of accomplishment authorized under ss.
29.591
,
29.595
, and 29. 597, Stats.
1.
A reprint, as designated under sub. (3), of the
original approval document issued by the department or agent appointed under s.
29.024 (6) (a)
, Stats.
2. A conservation card issued under s.
23.47(2)
, Stats.
3. An authenticated, current, non-expired Wisconsin operator’s license issued by the department of transportation, of the type required under s.
343.18
(1)
, Stats.
4. A discernible and easily viewable image produced by a digital file issued by the department, displayed on any electronic device, including a cellular telephone, in a manner that permits a law enforcement officer to complete a meaningful inspection of such image for purposes of establishing compliance with s.
29.024(1)
, Stats.
(e) For safety certificates required under ss.23.33 (5) (b), 30.678, and 350.05, Stats.,
include:
1.
A reprint, as designated under sub. (3), of the
original approval document issued by the department or agent appointed under s.
29.024 (6) (a)
, Stats.
2. A discernible and easily viewable image produced by a digital file issued by the department, displayed on any electronic device, including a cellular telephone, in a manner that permits a law enforcement officer to complete a meaningful inspection of such image for purposes of establishing compliance with the requirement to exhibit proof of the certificate.
(f) For a temporary trail use receipt issued under s
s
.
23.33 (2j)
or s.
350.12 (3j)
and a temporary operating receipt issued under s.
23.33 (2) (ig) 1. b.
, s
s
.
30.52 (1m) (ag) 1. a.
and
350.12 (3h) (ag) 1. b.
,
Stats.,
a
discernible and easily viewable image produced by a digital file issued by the department, displayed on any electronic device, including a cellular telephone, in a manner that permits a law
enforcement officer to complete a meaningful inspection of such image for purposes of establishing compliance with the requirement to exhibit proof of the receipt.
(g) For an approval issued as a unique carcass tag for bear, deer, goose, grouse, sturgeon,
or
turkey
that has not been validated or used
to harvest an animal, a
reprint, as designated under sub. (3), of the
original approval document issued by the department or agent appointed under s.
29.024 (6) (a)
, Stats.
NOTE:
Once an individual has harvested a bear, deer, goose, grouse, sturgeon,
or
turkey under the authority of a
unique
carcass tag, the tag is no longer eligible to be reprinted
.
NR 8.045 (2)
For any approval not specifically enumerated in sub. (1), no alternative forms of proof are permitted.
NR 8.045 (
3
)
Pursuant to s.
23.47
(3)
, Stats.
,
for a license, stamp, certificate,
or
tag
for
which a reprint
is established under
sub (1).,
an approval holder may cause their
original approval document
to be
reprinted by doing any of the following:
(a)
Utilizing a digital file issued by the department to p
roduc
e
a high-quality printed hard-copy that facilitates meaningful inspection by a law enforcement officer
.
(b) Requesting the department to produce a printed hard-copy at a service center
.
(c) Requesting an agent appointed under
ss.
29.024
(6)
(a)
2.
or
3.
Stats.
to produce a printed hard-copy, if the approval is of the type the agent is authorized to issue.
NOTE:
A
tag that is identified by a unique number is a unique carcass tag that remains as a singular harvest approval regardless
of the number of reprints generated. Every reprint that bears an identical unique number collectively represent one authorization to harvest an animal; once an animal has been harvested
under the authority of the harvest approval, all of the reprints are considered filled.
Section
12
. NR 8.05 is repealed.
Section
13
. NR 8.07 is amended to read:
NR 8.07
Variances
.
The department may approve a variance from nonstatutory requirements of this chapter upon request when the department determines that the variance is essential to accomplish the objectives of the
statewide
automated
license issuance
system and where special circumstances make the variances in the best interest of the program. Before granting a variance, the department shall take into account factors such as good cause and circumstances beyond the control of the requester.
Section
14
. NR 8.52 (1) (b) 2.
, (c) 2. and (d) 2. are
amended to read
:
NR 8.52 (1)
(b)
2
.
Update the department's
Automated License Issuance System
statewide automated system
with a violator's revocation status, including the starting date and the ending date when known.
(c)
2.
Update the department's
Automated License Issuance System
statewide automated system
with a violator's revocation status, including the starting date and the ending date when known.
(d)
2.
Update the department's
Automated License Issuance System
statewide automated system
with any change in the violator's hunting, fishing and trapping revocation status.
Section
15
. NR 8.54 (1) (a) 2.
and
(b) are
amended to read
:
NR 8.54 (1)
(a)
2.
Enter the violator's identifying information and revocation status into the department's
Automated License Issuance System
statewide automated system
if not already entered into the system.
(b)
In addition to the requirements under par
. (a),
the department, through the
Automated License Issuance System
statewide automated system
, shall deny applications for any hunting, fishing and trapping privileges, approvals and preference points subject to the revocation for the term of the revocation.
Section
1
6
. NR 10.08 (Intro.) is amended to read:
NR 10.08
Possession
and transportation
of game.
Section 17
.
NR
10.08 (7)
and (Note) are created to read:
NR 10.08 (7)
Carcass tags
.
No person may:
(a) Hunt or trap any of the species in s.
NR
10.085
unless in possessi
on of a valid, unique carcass tag that has not already been used to harvest an animal
. A tag is not valid when hunting or trapping in a zone, management unit
, or land type that is not authorized by the tag
, or if the tag is expired
. A tag is not valid when hunting with a weapon that is not authorized for use with the tag.
(
b
) Upon harvesting any of the species in s.
NR
10.085
, fail to immediately validate
the carcass tag
that authorized the harvest.
(
c
)
P
ossess or tr
ansport the carcass of any of the species in s.
NR 10.085
unless
also in possession of the validated carcass tag.
(d) Fail to keep a validated carcass tag intact and in good, legible condition so as to permit meaningful inspection by the department.
(
e
) Transport or possess an unskinned bobcat, fisher, otter
, or wolf
carcass, or a raw pelt of these species unless it has been tagged in accordance with
s.
NR 10.085
.
(
f
) While afield, possess or transport the carcass of any of the species in s.
NR 10.085
which is tagged with or possessed under the authority of a validated carcass tag of another person unless accompanied by the person issued the carcass tag. After the animal is registered it may be transported by vehicle on a public roadway or possessed at a dwelling or business establishment by a person who is not hunting without the need to be accompanied by the person who tagged and registered it. A dwelling for the purposes of this subsection includes permanent residences as well as temporary residences, such as an established hunting cabin or camp site.
(
g
)
While hunting
or trapping
, possess a validated carcass tag for any of the species in s.
NR 10.085
unless
the person is also in possession of
a legally killed animal corresponding to that carcass tag.
(
h
) Except where s.
29.324
Stats. applies, validate
or attach
a carcass tag
to
an
animal
trapped, killed, or
harvested by another
, or an
animal
killed by unlawful
or unknown
means.
(
i
)
Possess more than one
copy
of a unique carcass tag while afield
or hunting
or trapping
.
(
j
)
Possess raw bobcat, fisher,
otter
or wolf
pelts after the 5th day following closure of the open season for each species and the respective opening date of the next trapping or hunting season without a registration tag attached and locked to the head of the animal.
(
k
)
Transfer, give, trade, sell or purchase a raw pelt or unskinned c
arcass of any bobcat, fisher, otter or wolf
without a registration tag being attached and locked to the head portion of the pelt by the department in accordance with s.
NR
10.085 (6) (d) 3
.
(L
)
Transport or possess
a bobcat, fisher,
otter
or wolf
pelt
without a registration tag being attached and locked to the head portion of the pelt by the department in accordance with s.
NR
10.085 (6) (d) 3
.
This par. does not apply to the authorized harvester of the animal.
Note:
Addit
i
onal requirements for the transport
ation of deer species from
chronic wasting disease affected areas in this state and from other states and countries where CWD has been identified are established in s.
NR 10.105
.
Note
:
The department lacks authority to issue wolf carcass tags while the wolf is
listed on the federal endangered list
or
the state endangered list
. See s.
29.185
, Stats.
Section 18
. NR
10.085
is created to read:
NR 10.085
Tagging and registration of game. (1)
Species.
Requirements for the tagging and registration of game in this section apply to the following species:
(a) Deer.
(b) Bear.
(c) Elk.
(d) Wild
t
urkey.
(e) Sharp-tailed grouse.
(f) Canada goose if the department determines that extra harvest control measures are necessary to restrict harvest under s.
NR 10.125 (3)
.
(g) Bobcat.
(h) Fisher.
(i) Otter.
(j) Wolf
NOTE:
The department lacks authority to issue wolf carcass tags while the wolf is
listed on the federal endangered list
or
the state endangered list
. See s.
29.185
, Stats.
(2)
Validation.
Any person who kills any of the species identified in this section, or if s.
29.324
Stats. applies, the person providing the carcass tag, shall immediately validate the carcass tag by
marking it as designated by the department on the tag
. Failure to completely validate the carcass tag renders possession of the animal illegal and the carcass tag invalid.
(3)
Display
.
No person may refuse or fail to display a validated carcass tag or registration verification number to the department or its wardens upon request.
(4)
Attachment.
(
a)
No person who kills any of the species identified in this section, or if s.
29.324
Stats. applies, the person providing the carcass tag, may leave the carcass unless the tag has been attached to the carcass.
Note:
Tags may be attached using string, plastic ties, wire or in any manner which results in the tag being secured to the carcass
in a visible manner
. Carcass tags may be protected from environmental elements in sealed plastic bags.
(b
) The pelt tag shall be attach
ed to a bobcat, fisher, otter or wolf
when it is killed and before it is carried by hand or transported in any manner. Failure to attach the pelt tag invalidates the permit. The pelt and registration tag shall remain attached to the pelt until removed by a fur dresser or taxidermist at time of preparation.
(5
)
Removal and retention.
A carcass tag attached as required in this section may be removed from the carcass at the time of butchering or when prepared by a taxidermist, but the person who killed or obtained the animal shall retain all tags until the meat is consumed. The validated carcass tag shall be retained by the person who possesses the carcass until it is consumed.
(6)
Registration.
A person who
kills any of the
following
sp
ecies
, or if s.
29.324
Stats. applies, the person providing the carcass tag,
shall register the animal as follows:
(a) Deer, bear, elk, wild turkey
and sharp-tailed grouse
shall be reg
istered no later than 5:00 p.m.
of the day after the animal was recovered using a telephone, internet, or other harvest registration system established by the department except when exhibition of elk, deer or bear is required under sub. (7).
(b) At the time a deer, bear
, wild turkey, sharp-tailed grouse
or elk is registered as required under this section, the person who tagged and registered it shall legibly print the registration verification number provided by the department or its agents on the validated carcass tag.
(c) Registration of deer and bear shall occur before the animal is moved from the unit of kill or an adjoining unit.
(d) Each person who has
killed a bobcat, fisher, otter or wolf
shall:
1. Exhibit the pelt, separated from the rest of the carcass, to an authorized department representative no later than 5 days after the month of harvest
.
P
ersons who intend to have a bobcat
, fisher,
otter or wolf
mounted by a taxidermist may exhibit the bo
bcat, fisher,
otter or wolf
to the department for registration in whole carcass condition without separating the pelt
, but
shall surrender the skinned carcass to the department within 30 days
after
registration.
2.
Allow
inspection of the carcass and pelt, and attachment of a registration tag to the head portion of the pelt of all lawfully taken and pos
sessed bobcat, fisher,
otter or wolf.
3.
Provide the skinned carcass to the department as required by the department.
(7)
Registration of certain elk, deer and bear.
The department may require that elk be exhibited and registered at registration stations designated by the department
no later than 5:00 p.m. of the day after it was recovered.
The department may require that any deer or bear harvested in an area affected by CWD, tuberculosis, or where there are other serious infections disease threats, or area where samples are needed for department research purposes, shall be exhibited and registered at registration stations designated by the department no later than 5:00 p.m. on t
he third day after it was recovered
, or by 5:00 p.m. on the day after the close of the s
eason during which it was recovered
, as described in
s.
NR 10.01 (3)
, whichever is earlier, unless otherwise authorized by the department. No person shall fail to exhibit the carcass of a deer, bear or elk at a registration location specified by the department when required under this paragraph.
(8
)
Research.
The department may require that any part of animal subject to registration under this section shall be collected, sampled, or submitted to the department for research purposes. No person may fail to comply with any
collection, sampling, or submission
procedure required by the department.
Note:
In addition to registering har
vested animals, the department
also require
s
reporting of Canada
goose, bobcat, fisher,
otter or wolf
harvest.
Additional information on Canada goose harvest reporting is found in s.
NR 10.125
and for bobcat, fisher and otter harvest in s.
NR 10.145
.
Section
19
. NR 10.101 (3) is repealed and recreated to read:
NR 10.101
(3)
Possession
(a)
No person may possess bear carcass
in violation of the requirements for possession and transportation established under
s.
NR 10.08 (7)
and for tagging and registration established under s.
NR 1
0.085
.
Section
20
. NR 10.103 (1) is
amended to read:
NR 10.103
NR 10.103(1)
(1)
Tags.
A carcass tag shall be issued with each hunting license except when an archer license is issued to a person who has already been issued a crossbow license or
when a crossbow license issued to a person who has already been issued an archer license.
While hunting, no person may possess a validated carcass tag including bonus and special carcass tags unless it is attached to a legally killed deer.
NR 10.103(2)
Section
21
. NR 10.103 (2) is repealed and recreated to read:
NR 10.103 (2)
Possession
.
No person may possess deer carcass
in violation of the requirements for possession and transportation established under
s.
NR 10.08 (7)
and for tagging and registration established under s.
NR 1
0.085
.
Section
22
. NR 10.103 (Note) is repealed.
Section
23
.
NR 10.104
(7) (a) 2. is amend
ed to read:
NR 10.104
(7) (a) 2.
During hunting seasons that open in 2015, licenses
Licenses
that authorize
the hunting of deer with a bow and arrow, and not with a firearm
or crossbow,
may include
one
or more
carcass tag
s
that
are
valid for the t
aking of one antlerless deer in a
management
zone,
unit
,
or portion of a unit specified on the tag that is in a farmland
zone or a metropolitan deer management subunit
established in s
s
.
NR 10.28
(2)
and
(4)
except that, where the department has established an objective to increase or maintain the deer population under s.
NR 10.104 (4)
, the department may establish that the antlerless tags under this subdivision are not valid
. This antlerless deer carcass tag is not weapon
or season
specific, but the holder must possess the correct license for the method of harvest and season. This tag is valid statewide for a person holding a Class A or Class C disabled permit
issued
under s.
29.193 (2) (b)
, Stats.,
or a person who obtains the tag while
under 18 years of age
except that, in units where the department has not established a quota allowing the harvest of antlerless deer, the department may establish that tags obtained under this subdivision by people who are under 18 years of age are not valid.
These
carcass tags
are valid as indicated on the permit only for harvesting antlerless deer on public access lands or only for harvesting antlerless deer on private land as defined in ss.
NR 10.001 (23a)
and
(23b)
.
A person who has already been issued a license authorizing deer hunting with a crossbow during a season established under s.
29.014 (1m) (b)
,
Stats.,
or
s.
NR
10.01 (3) (ep)
will not receive the carcass tag established in this subd
ivision
. A person may use any carcass tag
s
issued with a license authorizing hunting with a crossbow during a crossbow deer season established under s.
NR
10.01 (3) (ep)
under the authority of an archer
hunting
license during the archery deer season established in s.
NR
10.01 (3) (em)
.
Section
24
.
NR 10.104
(7) (a) 2m. is repealed.
Section
25
.
NR 10.104
(7) (b) 2. is amended to read:
NR 10.104
(7)
(b)
2.
During hunting seasons that open in 2015, licenses
Licenses
that
authorize the hunting of d
eer with a firearm may include
one
or more
carcass tag
s
that
are
valid for taking one antlerless deer in
a
management
zone,
unit
,
or portion of a unit specified on the tag that is in a farmland zone or in a metropolitan deer management subunit established in s
.
NR 10.28
(2)
and
(4
)
except that, where the department has established an objective to increase or maintain the deer population under s.
NR 10.104 (4)
, the department may establish that the antlerless tag under this subdivision is not valid
. This antlerless deer carcass tag is not weapon or season specific, but the holder must possess the correct license for the method of harvest and season. This carcass tag is valid for the taking of one antlerless deer in any unit statewide by a person holding a Class A or Class C disabled permit
issued
under s.
29.193 (2) (b)
, Stats.
, or a person who obtains the tag while under 18 years of age
except that, in units where the department has not established a quota allowing the harvest of antlerless deer, the department may establish that tags obtained under this subdivision by people who are under 18 years of age are not valid.
These
carcass tags
are valid as indicated on the tag only for harvesting antlerless deer on public access lands or only for harvesting antlerless deer on private land as defined in ss.
NR 10.001 (23a)
and
(23b)
.
2m.
Section
26
.
NR 10.104
(7) (b) 2m. is repealed.
Section
27
.
NR 10.104
(7) (c) 2. is amend
ed to read:
NR 10.104
(7)
(c)
NR 10.104(7)(a)2.
2.
During hunting seasons that open in 2015, licenses
Licenses
that authorize
the hunting of deer with a crossbow
, and not with a firearm
or bow and arrow
, may include one or more carcass tags that are valid for the taking of one antlerless deer in a management
zone,
unit
,
or portion of a uni
t specified on the tag that is in a
farmland zones or a metropolitan deer man
agement subunit established in
s.
ss.
NR 10.2
8 (2)
and
(4)
except that, when
the department has established an objective to increase or maintain the deer population under s.
NR 10.104 (4)
, the department may establish that the
antlerless tags under this subdivision
are not valid. This antlerless deer carcass tag is not weapon or season specific, but the holder must possess the correct license for the method of harvest and season. This tag is valid statewide for a person holding a Class A or Class C disabled permit issued under s.
29.193 (2) (b)
,
Stats., or a person who obtains the tag while under 18 years of
age except that, in units where the department has not established a quota allowing the harvest of antlerless deer, the department may establish that tags obtained under this subdivision by people who are under 18 years of age are not valid.
T
hese
carcass tags are
valid as indicated on the tag
only for harvesting antlerless deer on public
access
land
s
or only for harvesting antlerless deer on private land as defined in s
s
.
NR 10.001 (23a)
and
(23b)
.
A person who has already been issued a license authorizing deer hunting with a bow and arrow during an archery-only deer season established under s.
NR
10.01 (3) (em)
will not receive the carcass tag established in this subd
ivision
. A person may use any
antlerless
deer carcass tag issued with a license authorizing hunting with a bow and arrow during an archery-only deer season established under s.
NR
10.01 (3) (em)
under the authority of a crossbow
hunting license during the crossbow
deer season established in
s.
NR
10.01 (3) (ep)
.
Section
28
.
NR 10.104
(7) (c) 2m. is repealed.
Section
29
. NR 10.104 (9) is amended to read:
NR 10.104 (9)
Tag authority.
No person may hunt antlerless deer unless the hunter possesses a current valid antlerless deer carcass tag or bonus antlerless deer permit for the deer management unit or subunit or a portion thereof in
that
which
the person is hunting, or as authorized when group hunting with a firearm as established in s.
29.324
, Stats. No person may hunt antlerless deer under the authority of an antlerless deer carcass tag or bonus antlerless deer carcass tag or permit on public access lands or on private lands unless the hunter possesses a current valid bonus antlerless deer permit that is valid for the type of land, either public access lands or private land, upon which the person is hunting.
Section
30
.
NR 10.105 (1) is repealed and recreated to read:
NR 10.105 (1
)
Possession
and transportation.
No person may possess deer carcass
in violation of the requirements for possession and transportation establ
ished under NR 10.08 (7)
.
Section
31
. NR 10.105 (2) is repealed.
Section
32
. NR 10.106 (1) is renumbered NR 10.105 (2)
.
Section
33
. NR 10.106 (2)
(Intro.)
is renumbered NR 10.106 and amended to read
:
NR 10.106 (1
)
Registration.
Each person who has killed a deer or if s.
29.324
, Stats., related to group deer hunting applies, the person who has tagged the deer
during the open seasons for hunting deer with a firearm, or who has killed a bear during the open seasons for hunting bear shall register that kill using a telephone, internet, or other harvest registration system established by the department as follows:
shall comply with the requirements for tagging and registration established under s.
NR 10.085
.
Section
34
. NR 10.106
(2)
(a) to (c)
and (3)
are repealed.
Section
35
. NR 10.11 (2) is
amended to read
:
NR 10.11 (2)
Tags.
A back and carcass tag shall be issued with each hunting license.
While hunting, no person may possess a validated carcass tag unless it is attached to a legally killed elk.
Section
36
. NR 10.11 (3) and (4) (Intro.) and (a) are repealed.
Section
37
. NR 10.11 (4)
(b) is renumbered NR 10.11 (4) and amended to read:
NR 10.11
(4)
Carcass condition
.
Elk may be skinned and the carcass divided into as many as 5 parts prior to registration. These animals or animal parts may not be removed from zones A and B as established in
s.
NR 10.37
,
unless exhibited, registered and tagged
as established in
ss.
NR 10.08 (7)
and
10.085
.
Section
38
.
NR 10.11 (5) and (6) are repealed.
Section
39
. NR 10
.125 (1) (d) is
amended:
NR 10
.125 (1) (d)
Permit validation procedures.
When a Canada goose is killed and before it is carried by hand or transported in any manner, the hunter shall validate the permit by
slitting, tearing or punching holes in the permit
marking it
in the manner indicated by the department. Failure to follow the validation procedure invalidates the permit and renders any goose in the person's possession illegal.
Section
40
. NR 10.125 (3) (Intro.) is amended
to read:
NR 10.125 (3)
Special requirements.
If the department determines that extra harvest control measures are necessary to restrict the harvest of Canada geese, the
following
requirements
for
possession, and tagging which are established under
ss.
NR 10.08 (7)
and
10.085
apply to
anyone hunting in
the Horicon zone:
Section
41
. NR 10.125 (3) (a) to (c) are repealed.
Section
42
. NR 10.145 (4) is repealed and recreated to read:
NR 10.145 (4)
Tagging, recording of harvest and possession and transfer.
No person may po
ssess a bobcat, fisher,
otter or wolf
carcass or pelt in violation of the requirements for possession and transportation established under NR 10.08 (7) and for tagging and registration established under s.
NR 1
0.085
.
Section
43
. NR 10.145
(5) and
(
6) are repealed.
Section
44
. NR 10.145 (7) and (8) are renumbered NR 10.145 (5) and (6).
Section
45
. NR 10.25 (2)
(a)
1.
is amended to read:
NR 10.25
(2)
NR 10.25(2)(a)1.
(a)
1.
Validate the license and carcass tag by
tearing or cutting the carcass tag
marking it
in the manner indicated by the department
on the tag
. Failure to follow the validation procedure in this manner invalidates the license and carcass tag.
Section
46
. NR 10.25 (2) is repealed
and recreated to read:
NR 10.25 (2)
Tagging and registration
.
No person may possess a turkey carcass in violation of the requirements for tagging and registration established under s.
NR 10.085
.
Section
47
. NR 10.25 (3) is repealed.
Section
48
. NR 10.25 (4) and (5) are renumbered NR 10.25 (3) and (4).
Section
49
. NR 10.26 (2) is repealed and recreated to read:
NR 10.26 (2)
Tagging procedure
.
No person may possess a sharp-tailed grouse
in violation of the requirements for possession and transportation established under NR 10.08 (7) and for
tagging
established under s.
NR 1
0.085
.
Section
50
.
NR 12.06 (10) is amended to read:
NR 12.06
(10)
Validation.
Any person who kills a deer or if s.
29.324
, Stats.
,
applies, the person providing the carcass tag shall immediately validate
and attach
the carcass tag as designated by the department.
The requirements for
p
os
s
ession
and
transportation
of deer established under NR 10.08 (7) and for
tagging
and
registration
of deer established under s.
NR 10.085
apply unless otherwise indicated by the department on the permit.
Section
51
. NR 12.10 (12) is created to read:
NR 12.10
(12)
Refuse or fail to display a validated carcass tag or registration tag to the department or its wardens upon request.
Section
52
. NR 12.15 (5) (a) is amended to read:
NR 12.15 (5)
(a)
Tagged with a
validated
carcass tag provided by the department immediately upon killing
as required under s.
NR 10.085
;
Section
53
. NR 12.16 (5) is repealed and recreated to read:
NR 12.16
(5)
Tagging, transportation and registration of carcasses.
No person may possess a deer carcass
in violation of the requirements for possession and transportation established under
s.
NR 10.08 (7)
and for tagging and registration established under s.
NR 1
0.085
unless otherwise indicated by the department on the permit.
Section
54
. NR 20
.07
(1) and (Note) are
amended to read:
NR
20.07
(1)
Possess a lake sturgeon taken by hook and line and not immediately release it, unless a hook and line lake sturgeon
carcass
tag is immediately validated as required by the department
.
and attached to the lake sturgeon and
the tagged
The
lake sturgeon
must be
is
registered
by the person who harvested the sturgeon
at a department lake sturgeon registration station by 6:00 p.m. on the day after it was taken.
The validated lake sturgeon carcass tag must accompany the lake sturgeon at all times until it is registered at a department registration station.
NR 20.07 Note
Note
: Hook and line lake sturgeon
carcass
tags will be available at department service centers and regional offices each year prior to the open season.
Each carcass tag shall contain a unique identifier that corresponds to the license issued.
Section
55
. NR 20.07 (1m), (1r
)
and
(
Note
)
, and (1v)
are created to read:
NR 20.07
(1m)
Possess more than one copy of a unique carcass tag while
on the waters, banks or shores of waters or while fishing
.
(1r
)
Prior to registering the lake sturgeon at a department lake sturgeon registration station, leave the carcass of a harvested lake sturgeon unless
the
validated sturgeon carcass tag has been attached to the carcass.
Note
: Carcass tags may be attached using string, plastic ties, wire or in any manner which results in the tag being secured to the carcass. Carcass tags may be protected from environmental elements in sealed plastic bags.
(1v)
F
ail to keep a validated lake sturgeon carcass tag intact and in good, legible condition so as to permit meaningful inspection by the department.
Section
56
. NR 20.07 (2) to (5) are amended to read:
NR 20.07
(2)
Remove the registration tag attached to the fish by the department until the carcass is prepared for final consumption. The hook and line lake sturgeon registration tag shall be retained by the person
taking
in possession of
the lake sturgeon until the fish is consumed.
(3)
Transport any lake sturgeon in or on any motor-driven vehicle from the time the lake sturgeon is taken
into possession
to the time it is lawfully registered pursuant to sub. (1) unless the lake sturgeon is carried openly exposed
.
and in a manner so that the lake sturgeon tag attached to the lake sturgeon cannot be handled or manipulated by any occupant of the vehicle.
(4)
Transport any lake sturgeon in or on any boat from the time the lake sturgeon is taken
into possession
to the time it is lawfully registered pursuant to sub. (1) unless the lake sturgeon is carried openly exposed.
(5)
Obtain
Purchase
more than one hook and line lake sturgeon
carcass
tag per season except that one additional hook and line lake sturgeon
carcass
tag may be
obtained
purchased
for Wisconsin-Michigan boundary waters per season.
Section
57
. NR 20.07 (6) and (7) are
created to read:
NR 20.07
(6)
Refuse or fail to display a validated carcass tag or registration tag to the department or its wardens upon request.
(7)
Possess a validated sturgeon carcass tag unless it
accompanies
a legally killed sturgeon.
Section
58.
NR 20.10
(4)
is amended to read
:
NR 20.10
(4)
Possess a validated sturgeon carcass tag unless it
is attached to
accompanies
a legally killed sturgeon.
Section
59
. NR 20.10 (4m) is created to read:
NR 20.10
(4m)
Possess more than one copy of a unique carcass tag while
on the waters, banks or shores of waters or while fishing
.
Section
60
. NR 20.10 (5)
to (7
) are amended to read:
NR 20.10
(5)
Possess a speared sturgeon unless immediately validating the sturgeon carcass tag
as
required by the department
by slitting the marks designating the month, day, time and location of kill and immediately attaching the validated tag to the sturgeon carcass
. Failure to completely
and immediately
validate the sturgeon carcass tag
and immediately attach the tag to the sturgeon carcass
renders the possession of the sturgeon illegal and the sturgeon carcass tag invalid. A sturgeon carcass tag shall be issued with each sturgeon spearing license and shall
remain intact
not be validated
until the spearer spears a sturgeon.
(6)
Transport a sturgeon in any manner from the time the sturgeon is taken to the time it is lawfully registered pursuant to sub. (10) unless the sturgeon is carried openly exposed
and in a manner so that the sturgeon carcass tag attached to the sturgeon cannot be handled or manipulated
.
(7)
Possess a speared sturgeon unless the person who spears
and tags
the sturgeon accompanies the sturgeon
with the validated
carcass
tag
during transport until the sturgeon has been registered pursuant to sub. (10).
Section
61
. NR 20.10
(7m) is created
to read:
NR 20.10
(
7m
)
F
ail to keep a validated lake sturgeon carcass tag intact and in good, legible condition so as to permit meaningful inspection by the department.
Section
62
. NR 20.10 (8),
(10)
,
and (11) are amended to read:
NR 20.10
(8)
Possess a sturgeon speared from
lake
Lake
Butte des Morts,
Lake
Poygan or
Lake
Winneconne under s.
NR 20.20 (73) (e) 2. b.
outside the following area unless the sturgeon has been registered pursuant to sub. (10): from the intersection of highways 45 and 21 in Oshkosh west on highway 21 to highway 116; north on highway 116 to county highway B; west on county highway B to county highway D; west on county highway D to highway 49; north on highway 49 to county highway H; east on
county highway H to highway 110; east on highway 110 to county highway II; south on county highway II to county highway M; south on county highway M to highway 116; east on highway 116 to highway 45; south on highway 45 to highway 21.
(10)
Possess a sturgeon unless
each
the
person who has speared a sturgeon during the open season for spearing sturgeon exhibits the sturgeon
,
with the person's sturgeon carcass tag
attached as required by s.
29.237
, Stats.,
to a warden or other authorized department personnel at
an official
a department
sturgeon registration station. Sturgeon shall be intact and registered at a station on Lake Winnebago if speared in Lake Winnebago. Sturgeon shall be intact and registered at a station on Lake Butte des Morts,
Lake
Winneconne or
Lake
Poygan if speared in Lake Butte des Morts,
Lake
Winneconne or
Lake
Poygan. Sturgeon shall be exhibited at a sturgeon registration station not later than 2:00 p.m. on the day speared. The registration tag
obtained at a sturgeon registration station
shall remain attached and locked to the sturgeon until the carcass is prepared for final consumption.
(11)
Attempt to register a sturgeon unless the license information can be verified. The
department sturgeon registration
station operator shall collect biological information
,
and
lock a registration tag to the carcass immediately in front of the tail
and remove the validation portion of the sturgeon carcass tag leaving the remainder of the sturgeon carcass tag attached to the sturgeon
.
Section
63
. NR 20.10 (12) is
created to read:
NR 20.10
(12
)
Refuse or fail to display a validated carcass tag or registration tag to the department or its wardens upon request.
Section
64.
NR 23.12
(1) and (Note) are
amended to read
:
NR 23.12
(1)
Possess a lake sturgeon taken by hook and line and not immediately release it, unless a hook and line lake sturgeon
carcass
tag belonging to the person who caught the lake sturgeon is immediately validated as required by the department
and attached to the lake sturgeon by immediately affixing the tag to the sturgeon in front of the fish's tail,
and the
tagged
lake sturgeon is registered
by the person who harvested the sturgeon
at a department lake sturgeon registration station by 6:00 p.m. on the day after it was taken.
NR 23.12 Note
Note
: Hook and line lake sturgeon
carcass
tags will be available at department service centers and regional offices each year prior to the open season.
Each carcass tag shall contain a unique identifier that corresponds to the license issued.
Department service centers may be located by viewing
http://www.dnr.wisconsin.gov
.
Section
65.
NR 23.12
(1m), (1r
) and
(Note)
,
and
(1v)
are created
to read
:
NR 23.12
(1m)
Possess more than one copy of a unique carcass tag while
on the waters, banks or shores of waters or while fishing
.
(1r
)
Prior to registering the lake sturgeon at a department lake sturgeon registration station, leave the carcass of a harvested lake sturgeon unless a current validated sturgeon carcass tag has been attached to the carcass.
Note
: Carcass tags may be attached using string, plastic ties, wire or in any manner which results in the tag being secured to the carcass. Carcass tags may be protected from environmental elements in sealed plastic bags.
(1v
)
F
ail to keep a validated lake sturgeon carcass tag intact and in good, legible condition so as to permit meaningful inspection by the department.
Section
66
.
NR 23.12
(2) to (4) and are amended
to read
:
NR 23.12
(2)
Remove the registration tag attached to the fish by the department until the carcass is prepared for final consumption. The hook and line lake sturgeon registration tag shall be retained by the person
taking
in possession of
the lake sturgeon until the fish is consumed.
(3)
Transport any lake sturgeon in or on any motor-driven vehicle from the time the lake sturgeon is taken
into possession
to the time it is lawfully registered pursuant to sub. (1) unless the lake sturgeon is carried openly exposed
and in a manner so that the lake sturgeon tag attached to the lake sturgeon cannot be handled or manipulated by any occupant of the vehicle
.
(4)
Transport any lake sturgeon in or on any boat from the time the lake sturgeon is taken
into possession
to the time it is lawfully registered pursuant to sub. (1) unless the lake sturgeon is
tagged and
carried openly exposed.
Section
67
.
NR 23.12
(5)
and (6) are
created
to read
:
NR 23.12
(5)
Refuse or fail to display a validated carcass tag or registration tag to the department or its wardens upon request.
(6)
Possess a validated sturgeon carcass tag unless it
accompanies
a legally killed sturgeon.
Section
68
. Finding of emergency.
Nonstatutory provisions of
2015 Act 89
establish that the department may enact these rules using the process for emergency rules without finding that promulgating a rule is necessary for the preservation of public peace, health, safety, or welfare. The emergency rule may remain in effect until July 1, 2018 or until the permanent rule is promulgated.
Section
69
.
E
ffective Date
.
This rule shall take effect upon publication in the Wisconsin state paper pursuant to s.
227.24(1)(c)
.
Section
70
. Board adoption.
This rule was approved and adopted by the State of Wisconsin Natural Resources Board o
n
February 24, 2016
.