•The national institute of standards and technology handbook 133 (checking the net contents of packaged goods), 2003 edition.
•Section 7 “test procedures" from the chapter titled “examination procedure for price verification," national institute of standards and technology handbook 130 (uniform laws and regulation in the areas of legal metrology and engine fuel quality), 2003 edition.
Copies of these standards are on file with DATCP, the secretary of state and the revisor of statutes.
Fiscal Estimate
Weights and measures service companies and vehicle scale operators are licensed and regulated by DATCP under Chapter
98 of the Statutes. Current law authorizes the department to adjust license fees by rule.
Currently, the department licenses an estimated 2011 vehicle scales and 208 service companies. These license fees generate an estimated $160,000 annually for DATCP's weights and measures inspection program. The proposed fee increases for vehicle scales and service companies are expected to generate an additional $97,000.
This rule also includes a requirement for certification of service company technicians, consistent with a voluntary service company technician testing program developed by the Central Weights and Measures Association. The rule imposes a $25 processing for testing and certification, and requires recertification of technicians every five years. DATCP has identified approximately 1,164 technicians employed by service companies. An estimated 800 technicians are likely to participate in the service company technician testing and certification program. The processing fee will generate about $20,000 during each five-year interval, and cover costs associated with administration and grading of the tests.
Initial Regulatory Flexibility Analysis
This rule will affect vehicle scale operators and weights and measures service companies, many of which are small businesses. The proposed fee increases for vehicle scale operators and private and “for hire" service companies are needed to ensure accurate weights and measures in this state. Testing and record keeping requirements in the rule are consistent with NIST standards and surrounding states, and considered as good business practices within the industry. The rule does not present an unreasonable burden to affected businesses.
Notice of Hearing
Natural Resources
(Fish, Game, etc.)
NOTICE IS HEREBY GIVEN that pursuant to ss.
90.21 (6),
169.11 (1) (a),
169.15 (5),
169.18 (5),
169.19 (6),
169.20 (4),
169.21 (3),
169.23 (3),
169.25 (6),
169.26 (4),
169.27 (4),
169.39 (2) and
(3),
227.11 (2) (a) and
227.24, Stats., interpreting ss.
90.21 (2) and
(5),
169.11 (1),
169.12 (1) and
(4),
169.14 (2),
169.15 (4),
169.18 (2) and
(3),
169.19 (2) and
(3),
169.20 (1),
(2) and
(3),
169.21 (1) and
(2),
169.23 (2),
169.25 (1),
(2),
(3),
(4) and
(5),
169.26 (1),
(2) and
(3),
169.27 (1),
(2) and
(3) and
169.31 (1) (a), Stats., the Department of Natural Resources will hold a public hearing on Natural Resources Board Emergency Order No. WM-03-03(E) relating to captive wildlife. This emergency order will take effect on January 1, 2003.
2001 Wisconsin Act 56 enacted on April 3, 2003 removed Wisconsin's captive wildlife laws from ch.
29, Stats., and created ch.
169, Stats. As of January 1, 2003, the effective date of most of the provisions of ch.
169, Stats., game farms, fur farms and other holders of live captive wildlife will be subject to regulation under ch.
169, Stats. This will include two new license requirements and requirements of operation. While Wis. Act 56 provides for a transfer of ch.
29, Stats., licenses to ch.
169, Stats., licenses, it does not automatically transfer the rules for captive animals held under ch.
29, Stats., to rules applicable to captive animals held under ch.
169, Stats. This rule will create ch.
NR 14 which will incorporate by reference most of the rules that were applicable to captive animals under ch.
29, Stats., and make it clear that those standards are now applicable to captive animals held under ch.
169, Stats.
In some areas the rule creates new standards. Section
NR 14.01, while incorporating many of the deer farm fence standards from ch.
NR 16, increases the required height of new fences from 8 feet to 10 feet. It also phases in a requirement that deer farms be double fenced unless the deer farm is enrolled in the chronic wasting disease herd monitoring or herd surveillance program. While the deadlines for the double fence regulations will likely not occur until after the expiration of this rule, they are included in order to put the public on notice of the requirements that will be proposed in the permanent rule proposal that will follow this emergency rule. A second area of change is in the fur farm rules where acreage requirements for new fur farms and tagging requirements for otter are created.
The rule creates a definition of sporting club for purposes of this fee waiver allowed for such groups. The rule also creates standards for the issuance of licenses for dog training clubs. This license did not exist previously and allows members of a dog training club to dog train on club premises under the authority of the club license. Without standards, it would be difficult if not impossible to implement this program.
Finally, the rule changes the license needed for commercial operations dealing in reptiles and amphibians from a commercial permit under ch.
NR 19 to a captive wild animal license under ch.
169, Stats. This change is required by Wis. Act 56.
Hearing Information
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
Thursday, January 16, 2003 at 1:00 p.m.
Room 027, GEF #2
101 South Webster Street
Madison
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 Sue Solin at (608) 266-8204 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
The proposed changes will not result in any significant changes in spending or revenue. There are no government costs anticipated due to the provisions of this proposal.
Contact Information
Written comments on the emergency rule may be submitted to Ms. Sarah Hurley, Deputy Administrator, Division of Lands, Department of Natural Resources, P.O. Box 7921, Madison, WI 53707 no later than January 31, 2003. Written comments will have the same weight and effect as oral statements presented at the hearing.
A copy of the emergency rule may be obtained from the Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707.
Notice of Hearings
Natural Resources
(Fish, Game, etc.)
[CR 02-144]
NOTICE IS HEREBY GIVEN that pursuant to ss.
29.041,
29.014 (1),
29.519 (1) (b) and
227.11 (2) (a), Stats., interpreting ss.
29.041,
29.014 (1) and
29.519 (1) (b), Stats., the Department of Natural Resources will hold public hearings on revisions to ss.
NR 25.05 and
25.06, Wis. Adm. Code, relating to smelt trawling in Green Bay. In the last decade smelt abundance has declined almost 95% in Lake Michigan. The proposed rule shortens the summer trawling season in Green Bay by approximately 6 weeks. The current season runs from June 15 to September 30; the proposed rule sets the season from July 1 to September 1. The total allowable smelt harvest from Green Bay is reduced from 351,993 pounds to 100,000 pounds.
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: Commercial fishers of smelt in Green Bay.
b. Description of reporting and bookkeeping procedures required: No new procedures.
c. Description of professional skills required: No new skills.
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
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
January 16, 2003 Room 310, Green Bay City Hall,
Thursday 100 N. Jefferson St., Green Bay
at 7:00 p.m.
January 21, 2003 Multi-purpose Room
Tuesday Lakeshore Tech. College
at 7:00 p.m. 1290 North Ave., Cleveland
January 22, 2003 “C" Auditorium, Milwaukee MATC
Wednesday 1036 North 8th Street, Milwaukee
at 7:00 p.m.
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 Bill Horns at (608) 266-8782 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
There is no state fiscal effect.
Contact Information
Written comments on the proposed rule may be submitted to Mr. Bill Horns, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707 no later than January 31, 2003. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [FH-12-03] and fiscal estimate may be obtained from Mr. Horns.
Notice of Hearings
Natural Resources
(Fish, Game, etc.)
[CR 02-143]
NOTICE IS HEREBY GIVEN that pursuant to ss.
29.041,
29.014 (1),
29.519 (1) (b) and
227.11 (2) (a), Stats., interpreting ss.
29.041,
29.014 (1) and
29.519 (1) (b), Stats., the Department of Natural Resources will hold public hearings on revisions to s.
NR 25.09, Wis. Adm. Code, relating to commercial netting of whitefish in Lake Michigan. Under current rules, commercial whitefish trap nets must be removed from waters of Lake Michigan south of Kewaunee from June 28 through Labor Day. The proposed rule opens most the of the area of Lake Michigan south of Kewaunee to commercial trap netting during summer, while also defining an area between Manitowoc and Two Rivers where summer trap netting would continue to be banned. In addition, it reduces the number of trap nets from 12 to 6 that may be used by any individual license holder in Lake Michigan south of Kewaunee and establishes new net marking requirements.
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: Commercial fishers of whitefish.
b. Description of reporting and bookkeeping procedures required: No new procedures.
c. Description of professional skills required: No new skills.
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
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
January 16, 2003 Room 310, Green Bay City Hall
Thursday 100 N. Jefferson St., Green Bay
at 7:00 p.m.
January 21, 2003 Multi-purpose Room
Tuesday Lakeshore Tech. College
at 7:00 p.m. 1290 North Ave., Cleveland
January 22, 2003 “C" Auditorium, Milwaukee MATC
Wednesday 1036 North 8th Street, Milwaukee
at 7:00 p.m.
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 Bill Horns at (608) 266-8782 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
There is no state fiscal effect.
Contact Information
Written comments on the proposed rule may be submitted to Mr. Bill Horns, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707 no later than January 31, 2003. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [FH-46-02] and fiscal estimate may be obtained from Mr. Horns.
Notice of Hearings
Natural Resources
(Environmental Protection-Solid Waste Management)
[CR 02-145]
NOTICE IS HEREBY GIVEN that pursuant to ss.
289.61 and
227.11 (2) (a), Stats., interpreting s.
289.61, Stats., the Department of Natural Resources will hold public hearings on revisions to NR 520.04 and 520.13 Tables 2 and 3, Wis. Adm. Code, relating to adjusting solid waste licensing and plan review fees. As a result of a projected deficit in the solid waste program revenue account, the Department is proposing a 10% increase in plan review fees and annual license fees for landfills, other solid waste facilities and solid waste collection and transportation services. The new fee schedule would take effect on July 1, 2004.
The Department is also proposing to revise the amount of the landfill license fee surcharge. Currently the surcharge is set at 9 cents per ton of solid waste landfilled during each quarterly reporting period. This fee initially went into effect at 10 cents per ton in July 1996 subject to a sunset in December 1997. The fee became permanent at 9 cents per ton in October, 1997.
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. In general, these revisions will affect municipalities and larger 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.
Hearing Information
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
January 21, 2003 CS Conference Rm, 3rd floor GEF #3
Tuesday 125 S. Webster St.
at 1:00 p.m. Madison
January 22, 2003 Schmeekle Reserve, UW-Stevens Pt
Wednesday 2419 North Point Dr.
