A Back Door Attempt to Ban Food Plots 3-8-2010

gengberg March 8th, 2010

Guys, You need to take a look at the actual rule language associated with Question 9 of the DNR questions for this years Spring Hearings. Appears food plots are now in the sights of the DNR.QUESTION 9 - Establish a definition of “normal agricultural or gardening practice” and “manipulation” for the purposes of enforcing current prohibitions of baiting wild animals (2010)andrew-10-15-05-10-pt-food-plots-002.jpg

This proposal would clarify what is a “normal agricultural or gardening practice” for the purposes of Wisconsin’s baiting and wildlife feeding rules. For instance, clarification is needed because some hunters have claimed that disposing of waste pumpkins in the woods near tree stands or placing hay bales and corn out on agricultural fields is a “normal agricultural or normal gardening practice” when the intended use of the pumpkins, hay or corn was to bait or feed deer. Some courts and district attorneys have expressed to the department that there is a need to more clearly define what is and is not considered to be a normal agricultural or gardening practice for the purposes of these rules.
The proposal clarifies that, fruit, nuts, grain, hay, corn or vegetable materials that have been harvested or collected and then later re-deposited where the materials are accessible to deer, bear, elk or turkeys may not be hunted over except where it is legal to place bait or feed for such animals. Placement or storage of these materials where they are being used as feed for livestock which are present within enclosed lands would not be considered baiting or feeding wildlife.

This definition would not change any rules related to baiting migratory birds as Wisconsin has adopted the federal definition and cannot be less restrictive.

To reduce confusion over what constitutes a “normal agricultural or gardening practice” do you favor establishing that feed material which has been collected or harvested is considered to be bait when it is re-deposited on the land in a manner that it is accessible to deer, bear, elk or turkeys? Under this proposal, placing feed for livestock which are present on enclosed lands would not be considered bait.

9. YES _____ NO _____

Section 36. NR 19.001(8t) and (8v) are created to read:
NR 19.001( 8t) “Manipulation” means the alteration of natural vegetation or agricultural or garden crops by activities that include but are not limited to mowing, shredding, disking, rolling, chopping, trampling, flattening, burning, or herbicide treatments. The term manipulation does not include the distributing or scattering of grain, seed, or other feed after removal from or storage on the field or garden where grown.
(8v) “Normal agricultural or gardening practice” means a planting or harvesting operation undertaken for the purpose of producing and gathering a crop, or manipulation of the remaining vegetation after a crop has been harvested and removal of the fruit, grain, hay or vegetable material from the lands where grown. For the purpose of enforcement of s. NR 10.07(2) and (2m), and s. NR 19.60, placement or storage of any salt, mineral supplements, fruits, nuts, grain, hay or vegetable crops in any area accessible to deer, bear, elk or wild turkeys is not considered a normal agricultural or gardening practices unless the material has been placed for and is being used as feed for confined livestock as defined under s. ATCP 10.01(62) which are present within the enclosed lands where the feed is placed.

Section 37. NR 19.025(2)(d) is amended to read:
NR 19.025(2)(d) “Novice participant” means for hunting any person who is 10 years old or older, who has had less than 2 years of hunting experience not purchased an approval authorizing hunting in any prior hunting license year, including a class B bear license, for the species that will be pursued in the specific educational outdoor skills activity they desire to attend. For fishing, it means any person who is 5 years of age or older who has less than 2 years of fishing experience.

Section 38. NR 19.025(3)(title)(dm) is created to read:
NR 19.025(3) GENERAL; CONDITIONS, LIMITATIONS AND RESTRICTIONS. (dm) If there are more novice participant applicants for a specific educational outdoor skills activity event or location than the department or applicant sponsoring the event is able to accommodate, the department may select which of the novice participant applicants will be allowed to participate. When making this selection, the department shall give preference to those novice participant applicants who have had the least previous exposure, as determined by the department, to that recreational activity or the least opportunity to accompany others and learn about that recreational activity.

Section 39. NR 19.60(3)(a)4. is amended to read:
NR 19.60(3)(a)4. Standing crops planted and left standing as agricultural crops, gardens, or wildlife food plots that may be used by wild animals.

Section 40. Effective dates. All rules shall take effect on February 1, 2011 except sections 4, 21, 22, 25, 26, 27, 28, 34, 35, 36 and 39 which shall take effect on the first day of the first month after publication.

Section 41. Board adoption. This rule was approved and adopted by the State of Wisconsin Natural Resources Board on ____________________________________.
Dated at Madison, Wisconsin _____________________________.
STATE OF WISCONSIN
DEPARTMENT OF NATURAL RESOURCES
By _____________________________
Matthew J. Frank, Secretary 58

Greg “Kaz” Kazmierski
Phone 262-547-0535

“Unthinking Respect for Authority is the Greatest Enemy of Truth”
Einstein

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