Section 1.12. Migratory game birds.

  Migratory game birds are those species listed in s. 29.001 (39) , Stats., which in the course of their seasonal movements will almost always leave the land or water on which they fledged and will often cross state or international boundaries. These species are regulated under federal law and international treaties. To implement an adequate program for migratory game birds, the following needs and actions are essential:

(1)   Habitat management. Wetlands are the primary habitat component for most migratory game bird species. Upland nesting cover and woodlands are also necessary for certain species. Legislation and programs that will protect and enhance migratory game bird habitat must be strengthened. Such a program has to include:

(a) Acquisition in fee title to protect critical lands and waters and to permit developments necessary for enhancement;

(b) Easement acquisition to protect other important lands and waters from excessive degradation by human activities;

(c) Vigorous enforcement of the state's role in the use of its regulatory powers to protect wetland resources associated with navigable waters;

(d) Strong cooperation and support to other units of government in planning and zoning programs which protect wetlands;

(e) Support for state, federal and local government programs which manage suitable public waters as production, resting and feeding areas for migratory birds, with special emphasis on the provision of nesting and brood rearing habitat for ducks;

(f) Support for the U.S. department of agriculture's soil conservation service and U.S. department of transportation in implementing, on a continuing basis, their 1975 wetland maintenance policies;

(g) Opposition to programs and activities funded by government agencies which result in loss or degradation of wetlands of wooded migratory game bird habitat; and

(h) Maintenance and development of incentive programs, including the U.S. department of agriculture's water bank program, which encourage private landowners to manage land and water for the benefit of migratory birds.

(2)   Harvest.

(a) Migratory game bird regulations must be adopted within constraints that put the future of the resource foremost in consideration. The department shall be represented on, and take part in the activities of, the Mississippi flyway council. This council makes recommendations to the U.S. fish and wildlife service including those affecting migratory game birds using the Mississippi flyway.

(b) Some Wisconsin hunting regulations may have to be more restrictive than the federal framework to assure that local breeding populations will be maintained at optimum levels.

(c) A balance between local production and harvest is essential, and regulations must be designed to achieve this end.

(d) To provide the opportunity for a quality hunting experience on major waterfowl projects, excessive hunter densities must be reduced by every available means.

(3)   Damage control and disease. Migratory game birds, especially waterfowl, often concentrate during migration, thereby increasing the potential for agricultural crop depredations and the development of disease epidemics within the flock.

(a) As a first order of priority, management of refuges and closed areas must be directed at keeping concentrations of migratory game birds at levels that are in accord with available food supplies in the vicinity and/or at levels that will minimize the probability of disease outbreaks.

(b) Disease surveillance programs for major waterfowl concentration areas, licensed game farms with waterfowl, and urban areas with semi-domestic waterfowl, must be developed. Contingency plans to deal with disease outbreaks in wild populations must also be developed.

(c) When abnormal weather delays crop harvest on private lands near refuges or closed areas, damage abatement programs will be employed to assist landowners in protecting vulnerable crops. When unavoidable losses occur, damage payments authorized by legislation can be used to compensate for the loss of crops.

(4)   Research and surveys. Research and surveys on local breeding populations, production, movements, harvest and habitat are essential to provide adequate information for developing regulations and programs to protect and manage these birds. Since migratory game birds utilize continental habitats, the international significance of cooperative surveys and research required to establish sound flyway management programs is recognized. Therefore, cooperation with other flyway states, federal agencies, Canadian agencies and the Mexican government shall be exercised as needed.

History: Cr. Register, April, 1975, No. 232 , eff. 5-1-75; r. and recr. Register, July, 1977, No. 259 , eff. 8-1-77; correction in (intro.) made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1999, No. 525 .