DHFS Regional Office Room 123
610 Gibson Street
Eau Claire, WI
Thursday, March 22, 2001, beginning at 1 p.m.
State Office Building Room B145
1 West Wilson Street
Madison, WI
The hearing sites are fully accessible to people with disabilities.
Analysis Prepared by the Department of Health and Family Services
The department and agent local health departments regulate all campgrounds, camps, the operation of swimming pools that serve the public, restaurants, hotels and motels, tourist rooming houses, bed and breakfast establishments and food vending operations in the state under the authority of ss. 254.47 and 254.61 to 254.88, Stats., to ensure that these facilities comply with the department's health, sanitation and safety standards set out in administrative rules. The department's rules for these facilities are found in chs. HFS 172, 175, 178, 195, 196, 197 and 198 of the Wisconsin Administrative Code. None of the facilities may operate without having a permit issued by the department or an agent local health department. A permit is evidence that a facility complies with the department's rules. Under the department's rules, facilities are charged permit and related fees. Fee revenue supports the department's expenses in providing statutorily required regulatory oversight of these entities.
This rulemaking order amends the department's rules for operation of these facilities to increase permit fees an average of 40% for all program areas, and to increase the preinspection fee for new hotels and motels, tourist rooming houses, restaurants, bed and breakfast establishments and vending machine commissaries.
The fee increases will enable the department to fully staff existing position regulatory program vacancies, allowing the department to increase its frequency of routine inspections, ability to promptly respond to public complaints, and undertake necessary enforcement action.
This order does not affect facilities regulated by local health departments granted agent status under s. 254.69(2), Stats. Permit fees for those facilities are established by local health departments pursuant to s. 254.69 (2)(d), Stats.
Contact Person
To find out more about the hearings or to request a copy of the rulemaking order and the full fiscal estimate, write or phone:
Greg Pallaske
Environmental Sanitation Section
Division of Public Health
P. O. Box 2659
Madison, WI 53701-2659
608-266-8351 or, if you are hearing impaired, 608-266-1511 (TTY)
If you are hearing or visually impaired, do not speak English, or have other personal circumstances which might make communication at a hearing difficult and if you, therefore, require an interpreter, or a non-English, large print or taped version of the hearing document, contact the person at the address or phone number above. A person requesting a non-English or sign language interpreter should make that request at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Written comments on the proposed rules received at the above address no later than March 29, 2001, will be given the same consideration as testimony presented at a hearing.
Fiscal Estimate
This order changes the department's fee schedule for the permit of restaurants, hotels, motels, tourist rooming houses, bed and breakfast establishments, camps, campgrounds and food vending operations. Annual permit fees will be increased to fund the department's food and facility safety programs. It is estimated that the increase in facility permit fees will generate an additional $693,800 in annual revenues.
The proposed rule change would generate an additional $393,600 from 5,788 licensed restaurants; the average annual increase in the permit fee would be $68. It is estimated that increased permit fees would generate $125,061 additional revenue annually from 3,396 lodging facilities; the average annual increase would be $37. It is estimated that increase to pre-inspection fees for restaurant and lodging facilities would generate an additional $44,439 annually; the average pre-inspection fee would increase by approximately $48. Increased permit fees for camps, campgrounds and swimming pools would generate $64,966 from 1,828 facilities annually; the average permit fee increase would be $36. The increased permit fees to food vending commissaries would generate $3,447 annually; the average permit fee would increase by $28.
Local public health departments in the state may act as agents for the department. These agents return 10% of the state permit fee for each establishment to the Department for training and technical support services. It is estimated that the proposed changes will increase fees from the agent health departments by $62,312 per year. Currently there are 32 state agents. As a result the average impact on each local unit of government will be approximately $1,947 annually.
Initial Regulatory Flexibility Analysis
Many of the 11,000 facilities licensed by the department are small businesses as defined in s. 227.114 (1) (a), Stats. These facilities will be impacted by an increase in annual permit fees. The department has attempted to minimize the economic impact on small businesses by scaling fee increases according to the complexity of the operation and the amount of time required by department staff to perform a safety inspection/consultation. Facilities with greater complexity in food preparation facilities, or greater numbers of lodging rooms or campsites, will experience greater fee increases than smaller facilities.
This rule order does not place additional recordkeeping, reporting or bookkeeping requirements on small business owners. The facilities will benefit by an increase in the number of compliance inspections by department staff; this will result in safer operations for the consuming public.
Notice of Hearing
Natural Resources
(Fish, Game, etc.)
NOTICE IS HEREBY GIVEN that pursuant to ss. 23.09(2), 29.014, 29.192, 29.885 and 227.11(2), Stats., interpreting ss. 29.014, 29.192, 29.885 and 227.11, Stats., the Department of Natural Resources will hold a public hearing on revisions to chs. NR 10, 12 and 19, Wis. Adm. Code, relating to hunting, trapping and nuisance wildlife control. The proposed rule clarifies the language regarding the exclusion of the Burnett County subzone from the early September goose season, eliminates the requirement of having to keep deer hunting back and carcass tags attached prior to harvesting a deer, eliminates the requirement of having both the mink and muskrat seasons open before trappers can use smaller traps, allows landowners to harass birds to relieve a damage or nuisance situation in urban areas and golf courses and updates the allowable hunting hours for participants of the deer damage shooting program by allowing permittees to follow the new hunting hours which went into effect on November 18, 2000.
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.
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.
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
Monday, March 12, 2001, at 1:00 p.m.
Room 611A, GEF #2,
101 South Webster Street
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 Pat Beringer at (608) 267-2452 with specific information on your request at least 10 days before the date of the scheduled hearing.
Written comments on the proposed rules may be submitted to Mr. Pat Beringer, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707 no later than March 14, 2001. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the proposed rule and fiscal estimate may be obtained from Mr. Beringer.
Fiscal Estimate
We do not estimate that any of these proposed changes will result in an increase or decrease in revenues or expenditures. There are no local government costs anticipated due to the provisions of this bill.
Notice of Hearing
Natural Resources
(Fish, Game, etc.)
NOTICE IS HEREBY GIVEN that pursuant to ss. 29.014(1), 29.041 and 227.11(2), Stats., interpreting ss. 29.014(1) and 29.041, Stats., the Department of Natural Resources will hold a public hearing on revisions to chs. NR 20 and 21 and the repeal of s. NR 50.20, Wis. Adm. Code, relating to fishing on the inland, outlying and boundary waters of Wisconsin and fish rearing pond grants. The proposed rule contains “housekeeping" and minor, noncontroversial changes to the fishing regulations. The proposed rules simplify existing rules were possible, including revisions to correct cross references and grammatical errors, amend and create definitions, clarify sturgeon spearing regulations, clarify authorized fishing methods and eliminate the fish rearing pond grant program that was repealed by the legislature.
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.
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.
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
Monday, March 12, 2001 at 2:00 p.m.
Room 611A, GEF #2,
101 South Webster Street,
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 Tim Simonson at (608) 266-5222 with specific information on your request at least 10 days before the date of the scheduled hearing.
Written comments on the proposed rules may be submitted to Mr. Tim Simonson, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707 no later than March 14, 2001. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the proposed rule and fiscal estimate may be obtained from Mr. Simonson.
Fiscal Estimate
None
Notice of Hearing
Natural Resources
(Fish, Game, etc.)
NOTICE IS HEREBY GIVEN that pursuant to ss. 29.014(1), 29.041 and 227.11(2)(a), Stats., interpreting ss. 29.014(1) and 29.041, Stats., the Department of Natural Resources will hold public hearings on revisions to chs. NR 20 and 26, Wis. Adm. Code, relating to sport fishing on the inland, outlying and boundary waters and fish refuges on the inland waters of Wisconsin. The proposed rules:
1. Prohibit the use or possession of artificial lights to shine any waters open to sturgeon spearing during the period from 48 hours before and continuing through the open sturgeon spearing season.
2. Prohibit the use of ice holes larger than 48 square feet for sturgeon spearing.
3. Prohibit the sale of flathead catfish taken by set or bank poles and setlines from the Lake Winnebago system and prohibit the sale of both channel and flathead catfish from the Fox River downstream from Lake Butte des Morts to the DePere dam.
4. Establish a daily bag limit of 2 and a possession limit of 10 for flathead catfish on the Lake Winnebago system, whether taken on hook and line, set or bank poles, or setlines, for 10 years.
5. Establish a protected slot limit from 20" to 28", with only one greater than 28" for walleye, sauger and hybrids on the Wisconsin River from the Prairie du Sac dam, Columbia and Sauk Counties, upstream to the Grandfather dam, Lincoln County and on the Yellow River upstream to the dam at Dexterville, Wood County, and the Lemonwier River, for 5 years.
6. Increase the minimum length limit for walleye from 15" to 18" and reduce the daily bag limit from 5 in total to 3 in total for walleye, sauger and hybrids on the lower Wisconsin River downstream from the Prairie du Sac dam, Columbia and Sauk Counties.
7. Increase the minimum length limit from 15" to 18" and reduce the daily bag limit from 5 in total to 3 in total for walleye, sauger and hybrids on Beaver Dam Lake, Dodge County.
8. Reduce the minimum length limit for muskellunge from 34" to 28" on Owl Lake, Iron County.
9. Establish catch-and-release only for brook trout on Graveyard Creek, Iron County for 10 years.
10. Establish catch-and-release only for largemouth and smallmouth bass on the Yellowstone River upstream from CTH F, Lafayette County for 10 years.
11. Eliminate the minimum length limit for bass on McGee Lake, Langlade County.
12. Establish a 26" minimum length limit and a daily bag limit of 2 for northern pike on Post Lake (upper and lower), Langlade County.
13. Establish a 26" minimum length limit and a daily bag limit of 2 for northern pike on Pike Lake, Marathon County.
14. Increase the minimum length limit for muskellunge from 34" to 40" on Buckskin Lake, Oneida County.
15. Establish a 15" minimum length limit and daily bag limit of 5 for walleye, sauger and hybrids on Hat Rapids Flowage, Oneida County, and eliminate the restriction on taking only one over 14".
16. Increase the minimum length limit from 15" to 18" and reduce the daily bag limit from 5 in total to 3 in total for walleye, sauger and hybrids on Maple Lake, Oneida County.
17. Authorize the harvest of one largemouth or smallmouth bass less than 14" on Big Round Lake and Balsam Lake, Polk County for 10 years.
18. Increase the minimum length limit from 14"to 18" and reduce the daily bag limit from 5 in total to one for largemouth and smallmouth bass on the Wisconsin River from Stevens Point Flowage dam to Al-Tech Park Spillway, Portage County.
19. Increase the minimum length limit from 14" to 18" and reduce the daily bag limit from 5 in total to one for largemouth and smallmouth bass on Jacqueline Lake, Portage County.
20. Establish a 32" minimum length limit and a daily bag limit of one for northern pike on Jacqueline Lake, Portage County.
21. Establish a daily bag limit of 10 for bluegill on Chetac and Birch Lakes, Sawyer and Washburn Counties.
22. Increase the minimum length limit from 15" to 28" and reduce the daily bag limit from 5 in total to one in total for walleye, sauger and hybrids on Sand, Black Dan, Island and Winter Lakes, Sawyer County.
23. Increase the daily bag limit for trout from one to 3, reduce the minimum length limit from 16" to 12" for brown and rainbow trout and from 16" to 8" for brook trout, and eliminate the requirement for artificial lures on the Willow River downstream from Willow Falls including Little Falls Lake and Lake Mallalieu and Race Branch, St. Croix County.
24. Establish restrictive harvest regulations for largemouth and smallmouth bass, muskellunge and walleye on Sparking Lake, Vilas County for 7 years.
25. Increase the minimum length for muskellunge from 34" to 45" on Little Saint Germain Lake, Vilas County, for 10 years.
26. Establish Millpond Park Pond, Walworth County, as an urban fishing water.
