Over the last decade, there has been a pattern of increased license sales in years with high antlerless permit availability. In years when antlerless permits increased substantially over the previous year, there were increases in deer-related license sales of between 4% and 5% (1998-1999 and 1989-1990). The proposed Zone T permit issuance procedure will include a marked increase over 1999 in the total number of antlerless permits available to hunters. A 4% increase in license sales would result in the sale of 37,700 more licenses than in 1999. At a minimum of $20 per license, these extra 37.700 total licenses would bring in at least $754,000 statewide. 38% of the proposed 2000 Zone T units are in the forest region of the state. The portion of this estimated increase in revenue in the Zone T forest units, equal to 38% of the above total, is $286,520.
Cost Increase:
Increased cost expected to be accrued from implementing the Zone T permit issuance procedure is $483,578 statewide. This total includes the following estimates:
- Zone T antlerless permit distribution by mail to those who purchase deer-related licenses before May 1: $77,810
- cost of permit stock of Zone T antlerless permits issued at the point of sale. equal to $10 per Zone T permit issued: $169,400
- agent commission, equal to $25 per deer-related license sold after May 1 at ALIS outlets that are not DNR offices: $192,738
- ALIS and database management consultation and programming costs: $22,350
- postcard mailing to license holders that purchase before May 1: $21,280
62% of the proposed 2000 Zone T units are in the farmland region of the state. The portion of these increased costs in the Zone T farmland units, equal to 62% of the above costs, is $183,759.64.
The primary impact of this proposal on law enforcement operations will stem from the two 4-day firearm herd control hunts. We assume that the deer herd control hunts will bring with them typical firearm deer season complaints from landowners, hunters and other enforcement agencies, accidents and the need for an active enforcement presence. These hunts will impact no less than 80 wardens that work in management units open during these firearm seasons. These periods are not usually major openings. Therefore, the opening will conflict with work schedules in approximately 25% of the wardens affected. To provide satisfactory coverage to the affected areas, an additional 1,600 hours of enforcement will be required (120 wardens X 25% X 8 days X 10 hours per day). An additional 1,200 hours of special conservation warden time will be expended during these periods. The cost for the additional coverage above what is normally present during these 4 day periods will include: $31,218 in permanent salary and fringe, $12,000 in special warden LTE costs, and $8,640 in travel expenses. No estimate was made of costs associated with spill-over enforcement problems in adjacent management units during the deer herd control hunts.
Cost Reduction:
For fiscal year 2000, The Bureau of Customer Service and Licensing has spent $245,900 on the hunter's choice and bonus application and mail-allocation process costs associated with printing, postage, freight, supplies and services and employee wages and fringes. Expenditures in this program for 2000 are expected to be only 45% of the FY 2000 total, because 75% of the state's deer management units are proposed for inclusion in Zone T, which will reduce the volume of work processed through this system. Savings in the hunter's choice and bonus programs in FY 2001 are expected to be $135,245 statewide.
The cost of materials used to issue bonus permits at ALIS outlets for the proposed Zone T units in 1999 will also be saved. At $.10 per permit issued, expected savings from not issuing these 205,352 permits is $20,535.20 statewide.
38% of the proposed 2000 Zone T units are in the forest region of the state. The portion of these savings in the Zone T forest units, equal to 38% of the two above costs, is $59,196.60.
Estimated Revenue Loss (based on 1999):
Hunters Choice/Bonus application fee:
93,410 x $3.00 = $280,230.00
Bonus deer permits:
Residents: 126,836 x $12 = $1,522,032.00
Non-residents: 8,456 x $20 = $169,120.00
Total 1999 Bonus Revenue = $1,691,152.00
Estimated Revenue Increase:
14,326 licenses (4% growth) x $20 = $286,520.00
Estimated Cost Increase:
Permit Issuance = $183,759.64
Law Enforcement cost: = $51,858.00
Estimated Cost Decrease:
HC/Bonus program and point of sale Bonus issuance = $59,196.60
FISCAL IMPACTS BY ACCOUNT:
The above estimated fiscal effects of the proposed Zone T season can be broken down into two accounts. Revenue received from the sale of bonus permits “applied to the Wildlife Damage Abatement and Claims Program, except for $50 from each permit, which is applied to the Fish and Wildlife Seg. account administrative costs. The rest of the cost estimates above are applied to the Fish and Wildlife Seg. account.
Fish and Wildlife Seg.: $237,777.04
Wildlife Damage Abatement and Claims Account: $1,623,506.00
Notice of Hearings
Natural Resources
(Fish, Game, etc., Chs. NR 1-)
Notice is hereby given that pursuant to s. 227.11(2)(a), Stats., interpreting s. 29.038, Stats., the Department of Natural Resources will hold public hearings on the creation of s. NR 19.40, Wis. Adm. Code, relating to implementation of the department's authority to void local hunting, fishing and trapping ordinances. With the creation of s. 29.038, Stats., by 1997 Act 170, the Department of Natural Resources was given the authority to declare local ordinances void which have more than an incidental impact on hunting, fishing, or trapping, or do not have public health and safety as a primary purpose. This rule provides guidance to the department in determining which ordinances exceed the local governmental unit's authority. The standards for determination are not weighted and do not appear in order of importance. The rule also provides the procedures by which the department will hold the hearings and make the determinations required by s. 29.038(4), Stats.
Initial Regulatory Flexibility Analysis
Notice is hereby further given that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses.
Environmental Assessment
Notice is hereby further given that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
Hearing Information
June 19, 2000 Room 201
Monday Business Occupations Bldg.
at 6:30 p.m. Waukesha Co. Tech. College
800 Main Street
Pewaukee, WI
June 26, 2000 Room 027, GEF #2
Monday 101 S. Webster St.
at 2:00 p.m. Madison, WI
June 27, 2000 Library
Tuesday 225 N. Oneida Street
at 5:00 p.m. Appleton, WI
Notice is hereby further given that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request, Please call Carol Turner at (608) 266-1959 with specific information on your request at least 10 days before the date of the scheduled hearing.
Written comments on the proposed rule may be submitted to Mr. Michael Lutz, Bureau of Legal Services, P.O. Box 7921, Madison, WI 53707 no later than July 14, 2000. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [LE-14-00] and fiscal estimate may be obtained from Mr. Lutz.
Fiscal Estimate
The fiscal estimate for the legislation which created s. 29.038, Stats., showed a potential impact of $35,200 per year in legal expenses alone if the legislation was fully implemented. This did not include the costs of local DNR staff time. These costs will result regardless of whether the proposed rule is enacted. The proposed rule merely implements existing legislative requirements and has no fiscal impact.
Notice of Hearing
Natural Resources
(Environmental Protection-
General, Chs. NR 100-)
Notice is hereby given that pursuant to ss. 299.15 and 227.11(2), Stats., interpreting s. 299.15, Stats., the Department of Natural Resources will hold a public hearing on revisions to ss. NR 101.03 and 101.13, Wis. Adm. Code, relating to the wastewater fee program. 1999 Wis. Act 9 required that the wastewater fee program implement a performance-based system for calendar year 2000 and beyond and that fees be based on a 5-year rolling average of discharge data.
The proposed rule language contains two options for meeting the rolling average requirement. The first initiates the rolling average in calendar year 2000 but would not have five years of data until calendar year 2004. The second would use 1996 to 2000 data in calendar year 2000. One option will be selected following the public hearing. The annual adjustment factor has been fixed at the 1999 value which will result in a performance-based fee system. Increases in discharges will result in higher fees, while decreases in discharges will result in lower fees.
In addition, the department has proposed a fee rate for phosphorus that more accurately addresses its environmental impact. This rate will apply to all facilities whose WPDES permit contains phosphorus limits in calendar year 2000.
Initial Regulatory Flexibility Analysis
Notice is hereby further given that pursuant to s. 227.114, Stats., the proposed rule may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:
a. Types of small businesses affected: The wastewater fee program, in general, impacts all wastewater dischargers that hold WPDES permits. Discharges regulated by general permits are not included in the wastewater fee program.
b. 2. Description of reporting and bookkeeping procedures required: The proposed changes do not require additional bookkeeping nor reporting.
c. Description of professional skills required: The professional skills requirements do not change under the proposed changes.
Environmental Assessment
Notice is hereby further given that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
Hearing Information
June 13, 2000 Room 027, GEF #2
Tuesday 101 South Webster Street
at 1:30 p.m. Madison, WI
Notice is hereby further given that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request, Please call Gail Mills at (608) 266-1387 with specific information on your request at least 10 days before the date of the scheduled hearing.
Written comments on the proposed rule may be submitted to Ms. Gail Mills, Bureau of Watershed Management, P.O. Box 7921, Madison, WI 53707 no later than June 23, 2000. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the proposed rule [WT-24-00] and fiscal estimate may be obtained from Ms. Mills.
Fiscal Estimate
FISCAL IMPACT - The fiscal impact associated with going to a performance-based system is that the actual revenue collected will fluctuate based on the amount of pollutants discharged and WPDES limits. Historically, the Department has seen a consistent reduction in the total amount of pollutants discharged, both from industries and from municipalities. The amount of decline is roughly 26% for municipalities and 34% for industries between 1994 and 1998. Should this trend continue, over time the amount of fee revenue generated would decline accordingly, although, as discussed below, there may be some temporary fluctuations in fee revenue through 2003, depending on which five-year averaging method is chosen.
In this rule package, the Department is proposing two different solutions for the public hearing phase for Act 9's five-year rolling averaging requirement. One proposed solution would start the averaging in the year 2000 and would use calendar year 1996 through 2000. The second would build up to a five year average by 2004 where calendar year 2001 would be a two year average, 2002 a three year average, 2003 a four year average, and 2004 a five year average. In both cases the rule would average available data for the period of time that such data are available. For example, most facilities will have BOD and TSS data available for the fill five years, but may have received a revised permit only two years ago that includes a phosphorus limit - thus the BOD and TSS would be averaged over five years and the phosphorus averaged over two years. Phosphorus will be included in the fee program for fees assessed on calendar year 1999 discharges. Even under the proposed flat rate for phosphorus, this pollutant has a significant impact on the fee base. For 1999 this effect is dampened out by the adjustment factors, but the impact on the five year rolling average aspect becomes important.
The fiscal impact of the five-year rolling average is that year to year fluctuations.will be smoothed out on a facility by facility basis. The difference between the two options presented in this rule package is that the revenue collected in the first option, where the calendar year 2000 fees are based on averages from 1996 -2000, is initially higher than the second option, where calendar year 2000 represents year one of the averaged period. In fact, given the assumption that total discharges will continue to decline, revenue related to calendar years 2000 and 2001 discharges may be greater than the current revenue, before declining in 2002. This is because discharge levels were generally higher in the period 1996 - 1998. In calendar year 2004 the revenue levels would be the same since both options would use calendar years 2000 - 2004 for the averaging period. Overall, regardless of which 5-year averaging method is chosen, assuming that the trend toward decreased discharges continues, the Department projects that fees related to calendar year 2004 discharges—and thus revenue to the state's general fund—will be less than the fee revenue generated under the current system.
Notice of Hearings
Natural Resources
(Environmental Protection-
General, Chs. NR 100-)
Notice is hereby given that pursuant to ss. 281.58 and 227.11(2), Stats., interpreting ss. 281.58 and 281.59, Stats., the Department of Natural Resources will hold public hearings on the repeal of chs. NR 161 and 163 and the repeal and recreation of ch. NR 162, Wis. Adm. Code, relating to the clean water fund financial assistance program.
The rule is being proposed to comply with 1999 Wis. Act 9 and to allow funding for nonpoint source pollution and urban stormwater runoff abatement projects as required by law. Specifically, language related to capital cost loans and related to projects only for planning and design is being deleted. Also, pursuant to 40 CFR Part 35 and s. 281.58, Stats., projects for the treatment of nonpoint source pollution and urban stormwater runoff are eligible for financial assistance. The proposed changes to ch. NR 162 allow these projects to be ranked with other treatment works projects and to be considered for funding under the Clean Water Fund program.
