Wis. Admin. Code Department of Natural Resources NR 10.104

Current through November 25, 2024
Section NR 10.104 - Deer population management
(1) DEER MANAGEMENT SYSTEM. The department shall manage the state deer population by all of the following:
(a) Establishing deer management unit boundaries within the state.
(b) Establishing deer population objectives for each deer management unit.
(c) Monitoring the performance of the deer populations within each deer management unit.
(d) Establishing deer hunting seasons and quotas with the appropriate antlerless deer permit levels to move the deer population in the direction of the established deer population objective for each deer management unit.
(2) DEER MANAGEMENT UNITS; WHERE ESTABLISHED. The deer management unit boundaries are the boundaries established in s. NR 10.28 (1) except for areas that are subdivided as:
(a) Metropolitan deer management subunits.
(b) Islands of the Apostle Islands National Lakeshore.
(c) Madeline Island in Ashland County.
(d) Being within the exterior boundaries of the Bad River, Lac Courte Oreilles, Lac du Flambeau, Menominee, and Red Cliff reservations.
(3) THREE YEAR REVIEWS. The department shall review, and seek public comment, regarding the need to modify the boundaries and population objectives for all deer management units every 3 years. For deer management units in the ceded territory as defined by s. NR 13.02 (1), the department shall also provide the Wisconsin Chippewa bands those opportunities for tribal input described in and required by the parties' stipulations in the case of Lac Courte Oreilles Band of Lake Superior Indians, et al., v. State of Wisconsin, et al., Case No. 74-C-313-C in the United States District Court for the Western District of Wisconsin.
(4) DEER POPULATION OBJECTIVES. A deer population objective shall be established for each management unit except for tribal reservation units identified in s. NR 10.28 (1). The department may establish a separate deer population objective and issue unique antlerless permits for areas which are subdivided into metropolitan deer management subunits and lands within the tribal reservation units identified in s. NR 10.28 (1) which are not owned by Indian tribal members or held in trust for the Indian tribe or for members of an Indian tribe. Deer population objectives will be expressed as a goal statement to do one of the following:
(a) Increase the deer population.
(b) Maintain the current deer population.
(c) Decrease the deer population.
(5) DEER POPULATION MONITORING.
(a)Metrics. The department shall monitor progress towards each management unit's objective of increasing, maintaining, or decreasing the deer population. The department shall consider all of the following:
1. Deer health.
2. Deer impacts on natural resources.
3. Deer impacts on society.
4. Deer hunter success.
5. Car killed deer information.
6. Deer population trends and public perception of population trends.
a. In 2014 and continuing until the department determines that evaluation of the metrics are providing information that is comparable, the department shall utilize the sex-age-kill method for calculating deer densities. The sex-age-kill method uses the following quantitative data for each deer management unit: proportion of yearling bucks in the harvest, proportion of yearling does in the harvest, proportion of males and females at birth, the number of fawns seen per doe during the summer, the proportion of total buck mortality due to hunting harvest, and the harvest by sex as registered during the hunting seasons.
b. The department may make a determination that alternative methods of population evaluation are comparable, which shall become effective in lieu of or in addition to the sex-age-kill method after approval by the Natural Resources Board, and upon issuance of an order and publication in the official state newspaper.

Note: A determination under this paragraph does not prevent continued utilization of the sex-age-kill method as the department determines is valuable or necessary.

(b)County deer management advisory councils. The department shall establish county deer management advisory councils for the purpose of seeking comment from members of the public on the status of the deer herd at the county level. The council shall be chaired by the chairperson for the county delegation of the Conservation Congress established under s. 15.348, Stats., or a designee who shall be approved by the department. At least 3 members shall be individuals who held an annual license authorizing deer hunting in this state or another state in at least 7 of the 10 years previous to the year in which the individual is nominated, except if the individual served on active duty in the U.S. armed forces or national guard during the 10 years previous to the year in which the individual is nominated. If the individual served on active duty in the U.S. armed forces or National Guard, the number of years in which he or she is required to have held a deer hunting license equals 7 minus the number of years of active duty served during those 10 years. The advisory council may also be comprised of a representative of any of the following entities:
1. For deer management units in the ceded territory as defined by s. NR 13.02 (1), the department shall provide the Wisconsin Chippewa bands those opportunities for tribal input into the department's deer management decisions described in and required by the parties' stipulations in the case of Lac Courte Oreilles Band of Lake Superior Indians, et al., v. State of Wisconsin, et al., Case No. 74-C-313-C in the United States District Court for the Western District of Wisconsin.
2. Agriculture.
3. Forestry.
4. Tourism.
5. Transportation.
6. Local government.
7. A local organization representing hunting interests.
8. A person who is enrolled as a participant in the Deer Management Assistance Program as established under subch. II.
(c)Deer management functions. County deer management advisory councils will:
1. Gather public input on deer population objectives, antlerless deer harvest quotas, and hunting season framework options.
2. Review and consider metrics on deer herd trends, impacts, and human interactions.
3. Make recommendations to the department for deer population objectives every three years and will annually recommend antlerless deer permit quotas and hunting season framework options necessary to maintain the deer herd in balance with its range, population objective and sustainable harvest objectives. The recommendations of county deer management councils shall be presented to the board by the chair of the Conservation Congress.
(d)Operation of county deer management advisory councils.
1. The department shall establish guidance for the operation of county deer management advisory councils. Guidance may include, but is not limited to, any conditions which are necessary for the operation of meetings, selecting members, and establishing terms of service for members.
2. Whenever application is made to the department by a person interested in becoming a member of a council, the bureau of law enforcement may conduct a criminal history, character, and background check on the applicant. Upon becoming aware of information indicating prior illegal activity, the department shall make appropriate inquiry into criminal history and character of applicants for council membership and determine their suitability for the proposed activity.
(e)Effective term of season framework modifications recommended by deer management advisory councils. Modifications to the deer hunting season framework in a unit shall be effective for one year of annual deer hunting seasons.
(6) ANTLERLESS DEER HARVEST AUTHORIZATIONS. The department may issue deer harvest authorizations that are valid for the harvest of antlerless deer that are in addition to those established in sub. (7). If the department issues antlerless deer harvest authorizations, the department shall issue antlerless deer harvest authorizations in sufficient numbers to achieve the population objective established in sub. (4), after evaluating the results of population monitoring required under sub. (5).
(7) DEER HARVEST AUTHORIZATIONS.
(a)Archer license deer harvest authorizations.
1. Except as established in s. NR 10.01 (3) (ex), each license that authorizes the hunting of deer with a bow and arrow, and not with a firearm or crossbow, shall include one deer harvest authorization that is valid for taking one buck deer in any unit or subunit statewide with a bow and arrow. When purchasing an archer hunting license, a person who has already been issued a license authorizing deer hunting with a crossbow during a crossbow-only season established under s. 29.014 (1m) (b), Stats., or s. NR 10.01 (3) (ep) will not receive the harvest authorization established in this subdivision. A person may use a harvest authorization issued with a license authorizing hunting with a crossbow during a crossbow-only season established under s. NR 10.01 (3) (ep) under the authority of an archer license during the archery deer season established under s. NR 10.01 (3) (em).
2. Licenses that authorize the hunting of deer with a bow and arrow, and not with a firearm or crossbow, may include one or more harvest authorizations that are valid for the taking of one antlerless deer in a management zone, unit, or portion of a unit specified on the harvest authorization that is in a farmland zone or 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 sub. (4), the department may establish that the antlerless harvest authorizations under this subdivision are not valid. This antlerless deer harvest authorization is not weapon or season specific, but the holder must possess the correct license for the method of harvest and season. This harvest authorization 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 harvest authorization 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 harvest authorizations obtained under this subdivision by people who are under 18 years of age are not valid. These harvest authorizations 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 s. NR 10.001 (23a) and (23b), except that antlerless harvest authorizations obtained by people under 18 years of age are valid on both private and public access lands. 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 harvest authorization established in this subdivision. A person may use any harvest authorization 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).
3. Modifications by the department under subd. 2. shall become effective upon issuance of an order of the secretary and publication in the official state newspaper.
(b)Firearm deer license harvest authorizations.
1. Except as established in s. NR 10.01 (3) (ex), each license that authorizes the hunting of deer with a firearm shall include one harvest authorization that is valid for taking one buck deer in any unit statewide with a firearm, bow and arrow, or crossbow during a season open to hunting bucks with a firearm.
2. Licenses that authorize the hunting of deer with a firearm may include one or more harvest authorizations that are valid for taking one antlerless deer in a management zone, unit, or portion of a unit specified on the harvest authorization 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 harvest authorization under this subdivision is not valid. This antlerless deer harvest authorization is not weapon or season specific, but the holder must possess the correct license for the method of harvest and season. This harvest authorization 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 harvest authorization 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 harvest authorizations obtained under this subdivision by people who are under 18 years of age are not valid. These harvest authorizations are valid as indicated on the harvest authorization only for harvesting antlerless deer on public access lands or only for harvesting antlerless deer on private land as defined in s. NR 10.001 (23a) and (23b), except that antlerless harvest authorizations obtained by people under 18 years of age are valid on both private and public access lands.
3. Modifications by the department under subd. 2. shall become effective upon issuance of an order and publication in the official state newspaper.
(c)Crossbow license deer harvest authorizations.
1. Except as established in s. NR 10.01 (3) (ex), each license that authorizes the hunting of deer with a crossbow, and not with a firearm or bow and arrow, shall include one deer harvest authorization that is valid for taking one buck deer in any unit or subunit statewide with a crossbow. When purchasing a crossbow hunting license, 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 harvest authorization established in this subdivision. A person may use a harvest authorization 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 license during a deer season established under s. NR 10.01 (3) (ep).
2. Licenses that authorize the hunting of deer with a crossbow, and not with a firearm or bow and arrow, may include one or more harvest authorizations that are valid for the taking of one antlerless deer in a management zone, unit, or portion of a unit specified on the harvest authorization that is in a farmland zones or a metropolitan deer management subunit established in s. NR 10.28 (2) and (4) except that, when the department has established an objective to increase or maintain the deer population under sub. (4), the department may establish that the antlerless harvest authorizations under this subdivision are not valid. This antlerless deer harvest authorization is not weapon or season specific, but the holder must possess the correct license for the method of harvest and season. This harvest authorization 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 harvest authorization 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 harvest authorizations obtained under this subdivision by people who are under 18 years of age are not valid. These harvest authorizations are valid as indicated on the harvest authorization only for harvesting antlerless deer on public access lands or only for harvesting antlerless deer on private land as defined in s. NR 10.001 (23a) and (23b), except that antlerless harvest authorizations obtained by people under 18 years of age are valid on both private and public access lands. 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 harvest authorization established in this subdivision. A person may use any antlerless deer harvest authorization 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).
3. Modifications by the department under subd. 2. shall become effective upon issuance of an order and publication in the official state newspaper.
(8) BONUS ANTLERLESS HUNTING PERMIT ISSUANCE. The department may issue bonus antlerless deer permits valid for harvesting antlerless deer only on public access lands and bonus antlerless deer permits valid for harvesting antlerless deer only on private land as defined in s. NR 10.001 (23a) and (23b). Bonus antlerless permits shall be issued in the following manner:
(a)General issuance. The department may issue bonus antlerless deer permits on a first-come, first-served basis to individuals who possess a valid deer hunting license. No person may purchase or obtain more than 1 bonus antlerless deer permit per day except as established in subs. (9m) and (15) (d).

Note: The department conducts extensive publicity on the day when the bonus antlerless deer permits are first available for sale beginning several months prior to the purchase date. Bonus permit sale dates are published in news releases, license outlet handouts, and pertinent regulation pamphlets. Bonus antlerless deer permits are available from department license agents, on-line through the department's website, or by telephone.

(b)Bonus antlerless permits for farm owners. Eligible resident farm owners under s. 29.181, Stats., will receive one free bonus antlerless deer permit for each bonus antlerless deer permit they purchase if requested at the time of purchase. When there are joint owners or vendee names under a land contract, only one of the owners or vendees is eligible for the free bonus permits. The free permit shall be valid for the same type of land, either public access or private as defined in s. NR 10.001 (23a) and (23b) as the one that was purchased. To be an eligible farmer under this section, a majority of the land shall be used on a commercial agricultural basis, to produce income.
(c)Bonus permits in a CWD affected area. The fee for bonus permits issued in a CWD affected area shall be the same as the fee established in s. 29.563 (2) (c) 1. and (d) 1., Stats. If the department allows the use of bonus permits both in areas where CWD has been identified and in areas where CWD has not been identified, the department shall use deer harvest registration information to establish a number of permits that are issued for CWD areas for purposes of s. 29.181 (3), Stats.

Note: Under s. 29.181 (3) Stats., the department is required to credit an amount equal to $5 times the number of those bonus deer hunting permits issued to an appropriation that is established for management of, and testing for, chronic wasting disease.

(9) HARVEST AUTHORITY. No person may hunt antlerless deer unless the hunter possesses a current valid antlerless deer harvest authorization or bonus antlerless deer permit for the deer management unit or subunit or a portion thereof in 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 harvest authorization or bonus antlerless deer 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.
(9m) BONUS PERMITS UNDER THE DEER MANAGEMENT ASSISTANCE PROGRAM. The department may issue antlerless permits to level 2 and level 3 participants, and to individuals authorized by level 2 and level 3 participants, in the deer management assistance program established under Subchapter II. All of the following apply to the issuance and use of bonus permits under this section:
(a)Issuance. Permits shall be issued in the number prescribed by the department or its agents following evaluation and harvest recommendations under s. NR 10.72 (2) (b) or (4) (b).
(b)Fee. The fee for bonus permits issued under this subsection shall be $6.00.
(c)Bonus permit distribution.
1. A landowner or his or her authorized representative for an individually enrolled property may distribute the permits to persons who are authorized to hunt on the enrolled property or portion of the property or may retain the permits for their own use. The primary contact or authorized representative for a cooperative or an individually enrolled property with multiple owners may distribute the permits to persons who are authorized to hunt on the enrolled property or portion of the property and may retain a portion of the allotted permits for their own use. No person may charge any form of a fee for bonus permits issued under the deer management assistance program except that the primary contact or authorized representative under subch. II who is transferring a bonus permit to other hunters for use on an enrolled property may collect no more than $6.00 for each permit in order to recover actual cost of the permit and when there is no monetary benefit to the transferrer.
2. The department may issue the permits directly to people who are authorized by the landowner or the landowner's authorized representative for an individually enrolled property to purchase them.
(d)Locations and times when valid. Permits are valid for use only on the property or group of properties authorized by the department during any firearm, archery, or crossbow deer season.
(e)Permit reporting. Every landowner, primary contact, or authorized representative who receives or distributes permits issued under this subsection shall keep a current, correct and complete record of all such bonus permits as required by the department on electronic or paper forms made available by the department. Records of bonus permit distribution shall be provided to the department by required deadlines or upon request. A violation of this paragraph shall be treated as a violation of s. 29.961 (2), Stats.

Note: The number of permits distributed will be determined by the department following a site visit by a wildlife biologist and a forester. Bonus antlerless deer permits issued under this subsection are available only to level 2 and level 3 participants in the Deer Management Assistance Program established in s. NR 10.72. Deer Management Assistance Program enrollees are exempt from the restriction against purchasing no more than one bonus permit daily on a first-come-first-served basis that is established in s. NR 10.104 (8) (a).

(10) BAG LIMIT. The bag limit is equal to the number of valid deer permits a person is issued.
(12) SPECIAL DISEASED DEER REPLACEMENT PERMITS. The department may provide a free replacement tag issued under s. 29.177, Stats., to hunters who harvest deer that are suspected of being diseased, provided that the entire deer is surrendered to the department or is disposed of as directed by the department. Each special permit shall be all of the following:
(a) Issued by a department employee or a designated agent.
(b) Issued to the hunter harvesting the suspect deer.
(c) For antlered deer, issued for the type of deer authorized on the approval used to harvest the suspect deer. For antlerless deer, issued for either antlered or antlerless deer.
(15) APOSTLE ISLANDS. The following harvest authorizations are valid for the taking of deer in islands of the Apostle Islands National Lakeshore:
(a) Archery buck deer harvest authorization.
(b) Archery antlerless deer harvest authorization.
(c) Gun buck deer harvest authorization.
(d) Special harvest authorizations for the islands of the Apostle Island National Lakeshore deer harvest authorization. These special harvest authorizations shall be issued free of charge at a rate of up to 2 harvest authorizations per day per hunter. Each harvest authorization may be used to harvest any of the following:
1. An antlerless deer.
2. A buck deer if the hunter possesses an antlerless deer registration verification earned in the federally owned portion of the Apostle Islands in the previous year or in the current year.
3. A buck deer if the hunter possesses an antlerless deer that has been legally harvested in the federally owned portion of the Apostle Islands and is tagged prior to the harvest of the buck deer and the antlerless deer accompanies the buck deer until each is registered.

Wis. Admin. Code Department of Natural Resources NR 10.104

11-1-57; am. (4) (b), Register, June, 1999, No. 522, eff. 7-1-99; emerg. cr. (11) eff. 8-4-00; am. (4) (b), renum. (5) (b) to be (5) (b) 1. and am., cr. (5) (b) 2., Register, March, 2001, No. 543, eff. 4-1-01; CR 00-118: am. (4) (b), Register October 2001 No. 550, eff. 1-1-02; CR 00-154: am. (10) (b), Register January 2002 No. 553, eff. 2-1-02; emerg. am. (4) (b), cr. (11) and (12), eff. 7-3-02; CR 02-018: am. (7) (b) Register September 2002 No. 561, eff. 10-1-02; CR 03-016: cr. (11) to (13) Register August 2003 No. 572, eff. 9-1-03; CR 04-020: am. (11) (intro.), (a) (intro.) and (b) (intro.) and (13) (intro.) Register August 2004 No. 584, eff. 9-1-04; CR 04-091: am. (4) (b), renum. (5) (b) 1. to be (5) (b) and am., r. (5) (b) 2. Register April 2005 No. 592, eff. 5-1-05; CR 05-016: r. and recr. (11), r. (13) Register August 2005 No. 596, eff. 9-1-05; CR 05-031: am. (7) (a) and (9), cr. (14) Register October 2005 No. 598, eff. 11-1-05; CR 05-086: r. and recr. (7), am. (8) (intro.), (10) (intro.) and (11) (a), r. (8) (a) to (c) and (10) (a) and (b), renum. (8) (d) and (e) to be (8) (a) and (b) and am., Register June 2006 No. 606, eff. 7-1-06; CR 06-013: am. (11) (b) 3. a. to c. Register August 2006 No. 608, eff. 9-1-06; CR 07-015: cr. (15) Register September 2007 No. 621, eff. 2-1-08; CR 08-013: am. (11) (intro.), (b) (intro.) and 3. b. Register August 2008 No. 632, eff. 9-1-08; corrections in (7) and (11) (a) made under s. 13.92(4) (b) 7, Stats., Register November 2008 No. 635; EmR1010: emerg. am. (4) (b), eff. 4-3-10; CR 09-053: am. (4) (b) Register May 2010 No. 653, eff. 6-1-10; EmR1028: emerg. am. (7) (a), eff. 7-8-10; CR 10-052: am. (7) (a) Register October 2010 No. 658, eff. 11-1-10; CR 10-020: am. (7) (b) Register October 2010 No. 658, eff. 2-1-11; CR 10-051: am. (11) (b) 3. b., c. Register December 2010 No. 660, eff. 1-1-11.
Amended by, CR 13-071: r. and recr. Register July 2015 No. 715, eff. 8-1-15; correction in (2) (intro.), (7) (a) 1. to 3., (b) 2. to 3., (c) 2. to 3., (8) (c) made under s. 35.17, Stats., Register July 2015 No. 715, eff.8/1/2015.
Amended by, correction in (9m) (a) made under s. 13.92(4) (b) 7, Stats., Register November 2015 No. 719, eff.12/1/2015.
Amended by, CR 17-061: am. (7) (a) 2., r. (7) (a) 2m., am. (7) (b) 2., r. (7) (b) 2m., am. (7) (c) 2., r. (7) (c) 2m., am. (9), (9m) (intro.), (a), renum. (9m) (c) to (9m) (c) 1., cr. (9m) (c) 2. Register February 2018 No. 746, eff. 3-1-18; corection in (7) (a) 2., (b) 2., (c) 2. made under s. 35.17, Stats., Register February 2018 No. 746, eff. 3/1/2018
Amended by, CR 17-077: am. (2) (intro.) Register June 2018 No. 750, eff. 7/1/2018
Amended by, correction in (7) (a) 3., (b) 3. made under s. 13.92(4) (b) 7, Stats., Register September 2018 No. 753, eff. 10/1/2018
Amended by, correction in (7) (c) 3. made under s. 13.92(4) (b) 7, Stats., Register November 2018 No. 755, eff. 12/1/2018
Amended by, EmR1902: emerg. am. (6), (7) (a) (title), 1., 2., (b) 1., 2., (c) 1., 2., (8), (9), (9m) (title), (intro.), (b) to (e), (10), (12) (b), (c), r. (14), am. (15) (intro.), (a), (b), cr. (15) (c), am. (15) (d) (intro.) eff. 1-18-19; CR 19-005: am. (6), (7) (title), (a) (title), 1., 2., (b) (title), 1., 2., (c) 1., 2., (8), (9), (9m) (title), (intro.), (b) to (e), (10), r. (14), am. (15) (intro.), (a), (b), cr. (15) (c), am. (15) (d) (intro.) Register September 2019 No. 765, eff. 10-1-19; correction in (7) (a) 2., (c) 2., (8) (c), (9m) (intro.), (c) 1., (12) (b), (c) made under s. 35.17, Stats., and correction in (7) (c) 3. made under s. 13.92(4) (b) 7, Stats., Register September 2019 No. 765, eff. 10/1/2019
Amended by, CR 23-013: am. (7) (a) 2., (b) 2., (c) 2., (12) (c) Register February 2024 No. 818, eff. 3/1/2024

All of the land in this unit is owned and managed by the National Park Service's Apostle Island National Lakeshore. The National Park Service may require an access permit for the purposes of deer hunting which may limit the dates an individual may hunt and the island or islands on which hunting may occur.