Details for 3778616.pdf

ORDER OF THE STATE OF WISCONSIN NATURAL RESOURCES BOARD
AMENDING RULES
The Wisconsin Natural Resources Board proposes an order to amend NR 10.02 (2)
relating to establishing an early close to the 2019 ruffed grouse season.
WM-18-19(E)
Analysis Prepared by the Department of Natural Resources
1. Statute Interpreted: Chapter 29 of the Wisconsin Statutes addresses the
department’s authority with respect to wild animals and plants. Section 29.014, Stats.,
confers broad rule-making authority to the department to “establish and maintain open
and closed seasons for fish and game and any bag limits, size limits, rest days and
conditions governing the taking of fish and game that will conserve the fish and game
supply and ensure the citizens of this state continued opportunities for good fishing,
hunting and trapping. This grant of rule-making authority allows the department to
promulgate rules related to resident game bird hunting.
2. Statutory Authority: In promulgating these rules, statutes being interpreted or
establishing agency authority include s. 29.014.
The emergency rule-making process is established in s. 227.24, Stats.
3. Explanation of Agency Authority: In the chapter on wild animals and plants, 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 hunting regulations.
4. Related Statutes or Rules: There are no currently active related administrative
rules.
5. Plain Language Analysis:
SECTION 1 closes the ruffed grouse season for Zone A on January 5, 2019.
6. Summary of, and Comparison with, Existing or Proposed Federal Statutes
and Regulations: For resident game bird hunting, there are no related federal
regulations. States possess inherent authority to manage the wildlife resources
located within their boundaries, except insofar as preempted by federal treaties and
laws, including regulations established in the Federal Register.

7. Comparison with Similar Rules in Adjacent States: Minnesota and Michigan’s
ruffed grouse season ends on January 1st. Iowa’s ends on January 31st. Illinois does
not have a ruffed grouse season.
8. Summary of Factual Data and Analytical Methodologies Used and How Any
Related Findings Support the Regulatory Approach Chosen:
These rules, and the legislation which grants the department rule-making authority, do
not have fiscal effects on the private sector or small businesses. No costs to the private
sector or small businesses are associated with compliance to these rules.
9. Analysis and Supporting Documents Used to Determine the Effect on Small
Business or in Preparation of an Economic Impact Report:
10. Effect on Small Business (initial regulatory flexibility analysis): These rules
are applicable to individual sportspersons and impose no compliance or reporting
requirements for small businesses, and no design standards are contained in the rule
11. Agency Contact Person: Scott Karel, 101 S. Webster St., PO BOX 7921, Madison,
WI 53707-7921. scottr.karel@wisconsin.gov (608) 267-2452
12. Place where comments are to be submitted and deadline for submission:
Written comments may be submitted at the public hearings, by regular mail,
fax or email to:
Scott Karel
Department of Natural Resources
P.O. Box 7921
Madison, WI 53707
Scottr.karel@wisconsin.gov
608-267-2452
608-267-7857 (fax)
Written comments may also be submitted to the Department at
DNRAdministrativeRulesComments@wisconsin.gov.
Hearing dates and the comment submission deadline are to be determined.

SECTION 1. NR 10.01 (2) (a) 1. is amended to read:
Kind of Animal and Locality

Open season (all dates inclusive)

NR 10.01. (2)
(a) Ruffed Grouse
1. Zone A as established
under s. NR 10.33.

Beginning on the Saturday nearest
September 15 and continuing
through January 31 January 5.

Limit
Daily bag 5;
possession 15

SECTION 2. STATEMENT OF EMERGENCY. The department finds that an emergency
rule is necessary in order protect the ruffed grouse population and so that the state can
continue to properly manage the species in a way that preserves the public welfare.
To monitor the ruffed grouse population, the department utilizes annual drumming
surveys and estimates harvest annually through a small game hunter survey. Ruffed
grouse drumming activity declined 34% statewide from 2017 to 2018. The decline was
greatest in the northern region, with a 38% decline in drumming grouse detected. This
area contains the most extensive early-successional forest habitat and healthiest ruffed
grouse populations, so focus is generally placed on trends in the northern region. Also,
estimated ruffed grouse harvest declined from 262,943 in 2016 to 185,336 in 2017,
a 29.5% decline. This represents the lowest estimated harvest in the 34 years the
department has been conducting the small game hunter survey.
SECTION 3. EFFECTIVE DATE. This rule takes effect on the day of publication in the
Wisconsin State Newspaper, as provided in s. 227.24 (1) (c), Stats.
SECTION 4. BOARD ADOPTION. This rule was approved and adopted by the State of
Wisconsin Natural Resources Board on September 25, 2019.
Dated at Madison, Wisconsin _____________________________.
STATE OF Wisconsin DNR
DEPARTMENT OF NATURAL RESOURCES
BY ______________________________________
Preston D. Cole, Secretary
PUB: WSJ: November 9, 2019
(SEAL)
# 3778616 WNAXLP

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