Changes to Wisconsin ‘open water’ hunting rules effective Oct. 1

[Woody]

Changes to Wisconsin ‘open water’ hunting rules effective Oct. 1

MADISON - An update to Wisconsin’s open water hunting rule on concealment requirements that apply to waterfowl hunters who use boats or blinds on waters of the state, goes into effect Oct. 1. Duck hunting in the southern duck management zone runs from 9 a.m. Oct. 3 through Oct. 11 and 9 a.m. Oct.17 through Dec. 6. Northern duck zone hunting started Sept. 26 and runs through Nov. 24.

The old rule required that hunters remain within natural emergent vegetation rooted to the bottom that provided whole or partial concealment of the hunter, boat and blind. While conservation wardens have long subscribed to a rule-of-thumb that partial meant at least 50 percent, the new rule formally establishes that 50 percent concealment is required. The new rule also clarifies that the hunter, boat and blind only need to be concealed when viewed horizontally from at least one direction.

The rule update does not change the preexisting rules that allowed hunting waterfowl from open water on portions of the Mississippi River, Big Green Lake, Lakes Michigan, Superior, Winnebago, Petenwell Flowage or Green Bay.

On all other waters, just as in the past, hunter’s boats and blinds still need to be concealed by emergent vegetation that is rooted to the bottom. Under the new rule, the amount of concealment that is required is 50 percent and the vegetation needs to rise to the gunwales of a boat used as a blind or to hunt waterfowl from. Also under the new rule, hunters do not need to be “within” the vegetation they are using for concealment, they only need to be within 3 feet of the cattails, bulrushes, rice, or other emergent natural vegetation.

Hunters will not find this information in a regulations pamphlet because the migratory bird hunting regulations were printed prior to knowing the outcome of the rule making process.

Wisconsin’s open water hunting rule dates back many years and was designed to keep hunters out of open water habitat that is used for staging and resting by migrating ducks or geese.

“Providing these areas where there is no hunting pressure encourages birds to spend time feeding and resting during migration,” says Kent Van Horn, Department of Natural Resources waterfowl ecologist. “Hunters have supported the rule because it increases hunting opportunity by encouraging birds to remain in an area for longer periods of time.”

“When deciding if you have enough concealment to hunt from a boat or blind, imagine that you are viewing your hunting set-up from a height of 3 feet,” said Conservation Warden Todd Schaller. “You can be looking at it from any direction, even from behind. If the vegetation rises at least to the top of the gunwales or sides of your boat and the boat and a blind are at least half concealed, then you are ok to hunt that way.”

According to Schaller, a blind that is not part of a boat also needs to be 50 percent concealed. This does not mean that the entire blind needs to be concealed. It could be just that the bottom half of the blind is fully concealed by emergent vegetation and the top half would require no concealment. The less dense the vegetation is, the taller it may need to be to achieve the required 50 percent concealment.

The new rule also eases requirements for waterfowl hunters while still preventing hunting in open water areas. It does this by no longer requiring that boats and blinds be concealed within the emergent vegetation. Hunters’ boats and blinds can now be located beyond the vegetation provided part of the boat or blind is within 3 feet of vegetation that is providing the concealment. Even if the vegetation is behind the hunter, as long as it is emergent vegetation that is rooted to the bottom and it provides 50 percent concealment, then the hunting situation is not considered to be open water hunting.

Hunters hunting on the water with the aid of a boat or blind who are in compliance with all three of the following conditions, will not be considered hunting in open water:

Any part of the boat or blind is within 3 feet of naturally occurring vegetation rooted to the bottom.
This vegetation provides at least 50 percent concealment of the hunter, boat and blind when viewed from at least 1 direction horizontally.
Some of this vegetation extends above the water’s surface to a height at or above the sides of any boat, if a boat is used.
Dead stumps and dead trees in the water do not constitute a natural growth of vegetation for the purpose of this rule.

Though not a new law, hunters are reminded that if hunting on public waters and within 100 yards of a building devoted to human occupancy, the hunters must first have permission of the owner of the building before they may legally discharge a firearm.