Copies of Rule and Contact Person
Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495
Notice of Hearing
Natural Resources
(Fish, Game, etc., Chs. NR 1—)
NOTICE IS HEREBY GIVEN that pursuant to ss. 23.09 (2), 29.014 and 227.11, Stats., interpreting ss. 29.164 (2) and 29.171, Stats., the Department of Natural Resources will hold a public hearing on revisions to chs. NR 10 and 15, Wis. Adm. Code, relating to hunting and trapping regulations. The proposed rule contains minor changes that provide clarifications to current rules, updated definitions, increasing management efficiency and altering limitations on hunters. The proposed changes include:
1. Current terminology for conibear-type traps (“killer") as it relates to trapping needs to be updated and replaced with proper and modern terminology. The references are changed to “body-gripping".
2. Creates a definition of a “cable restraint" and clarifies the difference between “cable restraints" and “snares".
3. Corrects inaccurate citations and references within chs. NR 10 and 15.
4. Clarifies the date of the October Zone T season and assures that the hunt will always coincide with the southern Wisconsin teachers conference as requested by the Assembly Natural Resources Committee. In addition, this section clarifies that units with earn-a-buck seasons will participate in the Zone T hunts.
5. Clarifies that a turkey hunter may not use shot larger than no. 2 steel or no. 4 lead or other no. 4 non-steel shot while hunting for wild turkeys. This change would help clarify shot restrictions as they relate to turkey hunting for muzzleloader hunters.
6. Clarifies that the prohibition on rifles in shotgun zones applies to all deer seasons. This rule change would clarify that rifles larger than .22 rim-fire may not be used during any period in shotgun only portions of the state when hunting for deer with firearms is allowed, including regular deer seasons and herd control and CWD hunts (unless exempted specifically by rule).
7. Clarifies which deer seasons the 24-hour firearm restriction applies to. This change would help clarify that the 24-hour prohibition on possessing a loaded or uncased firearm in the field only applies to the “regular 9-day" deer gun season and not to the Zone T hunts or other special deer hunting with firearms dates such as the CWD herd control hunts.
8. Replaces “overwinter" with “preharvest" as it relates to popular goals for fisher, bobcat and otter. These changes result in achieving two goals. First, this change corrects the code to match the department's management focus to preharvest or fall population goals rather than a “post harvest" or overwinter goal. The department has been managing bobcat, fisher and otter for years as a preharvest population goal, not a post harvest population goal. Secondly, adding the word “minimum" to the otter goal corrects an earlier rule that was passed via the statewide spring hearings and the Natural Resources Board and the word was inadvertently omitted.
9. Places Rock Island State Park under the section that correctly identifies this park as a shotgun only park, rather than a park where the use of rifles are authorized for gun deer hunting.
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.
Date, Time and Location
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
Tuesday, March 11, 2003 at 1:00 p.m.
Room 511, 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 Kurt Thiede at (608) 267-2452 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
These changes are minor in nature and are largely administrative changes that are not anticipated to result in added revenues or costs.
Written comments on the proposed rule may be submitted to Mr. Kurt Thiede, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707 no later than March 13, 2003. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the proposed rule [WM-02-03] and fiscal estimate may be obtained from Mr. Thiede.
Notice of Hearings
Natural Resources
(Fish, Game, etc., Chs. NR 1—)
NOTICE IS HEREBY GIVEN that pursuant to ss. 29.014, 29.033, 29.307, 29.335, 29.885 and 227.11, Stats., interpreting ss. 29.033, 29.177, 29.307, 29.335 and 29.361, Stats., the Department of Natural Resources will hold public hearings on revisions to chs. NR 10, 19 and 45, Wis. Adm. Code, relating to the control and management of chronic wasting disease. The proposed rules create regulations designed to eradicate chronic wasting disease (CWD) in Wisconsin's wild deer herd. The rules propose reducing deer populations to as close to zero as possible in infected CWD eradication zones and to reduce surrounding deer populations within 40 miles to 10 deer per square mile of deer range. These rules also propose to prohibit practices that may lead to the spread or transfer of the disease.
Natural Resources Board Order No. WM-09-03 proposes elimination of baiting and feeding deer statewide. The Department could authorize landowners and their agents to shoot deer over bait by permit in an eradication zone. Natural Resources Board Order No. WM-05-03 proposes:
1. Criteria for establishment of CWD management zones.
2. Extension of deer seasons within the CWD management zones.
3. Creation of an earn-a-buck deer hunt requirement in the CWD management zones.
4. Codification of the conditions for landowner permits to remove deer within the eradication zone.
5. Creation of a protocol for department use of aircraft to help reduce deer numbers within the eradication zone.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have a significant regulatory impact on small businesses. However, these rules, specifically those relating to the use of food for the feeding and baiting of deer may affect the sale of feeding materials which may have a significant economic impact on wildlife feed stores, feed mills and other sellers of deer feed.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 1.11, Stats., and ch. NR 150, Wis. Adm. Code, the Department has prepared an Environmental Impact Statement (EIS) for this action. The Department will consider comments on the EIS when deciding whether to certify that the EIS meets the requirements of applicable state statutes and codes. The EIS includes:
Section 1. Background (History of the disease, current scientific knowledge regarding the disease, and previous actions taken by Wisconsin and other states to control the disease).
Section 2. Depopulation (Analysis of the proposed action and tools used to depopulate the deer herd and likely effects, and an analysis of all alternatives considered).
Section 3. Herd Reduction (Analysis of the proposed action and tools used to reduce the deer herd and likely effects, and an analysis of all alternatives considered).
Section 4. Baiting and Feeding (Analysis of the proposed baiting and feeding ban, the effects of the ban and an analysis of all alternatives considered).
Copies of the EIS are available for public review at public libraries in Wisconsin, DNR Service Centers and on the Department's website at http://www.dnr.state.wi.us.
Interested persons or their representatives will be given an opportunity to comment on and present their views regarding the proposed rules, the EIS and the environmental review process under s. 1.11, Stats., the Wisconsin Environmental Policy Act (WEPA), at the hearings. Oral presentations may be limited if it appears the hearing will be unduly lengthened by repetition.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. NR 2.085 (4), Wis. Adm. Code, any person may petition for the opportunity to cross examine the person or persons responsible for a specific portion of the environmental impact statement or to present witnesses or evidence. The opportunity to cross examine or present witnesses or evidence will follow the public hearings if a petition has been properly filed.
A petition to cross examine or present evidence shall include a statement of position on the action or proposal and specific statements and issues on which the person wishes to cross-examine or present evidence or witnesses. Petitions to shall be filed within 20 days after the date on which this notice is published. Failure to file a petition under s. NR 2.085 (4), Wis. Adm. Code, shall preclude the opportunity to cross examine.
NOTICE IS HEREBY FURTHER GIVEN that the Department will hold an informational meeting beginning at 6:00 p.m. for one hour prior to each public hearing to present information and answer questions on the proposed rules and Environmental Impact Statement.
NOTICE IS HEREBY FURTHER GIVEN that the hearings on the proposed rules and the Environmental Impact Statement will be held on:
Monday, March 17, 2003 at 7:00 p.m.:
Conference Center, WITC, 2100 Beaser Ave., Ashland
Blackhawk Technical College, 6004 Prairie Road, Beloit
Theisen Middle School, 525 E. Pioneer Road, Fond du Lac
Brown County Central Library, 515 Pine Street, Green Bay
Copper Top Theater, UW-Richland Ctr, Hwy. 14, Richland     Center
Shell Lake Primary School, 601 South 3rd Street, Shell Lake
Gymnasium, Union Grove High School, 3422 S. Colony     Ave., Union Grove
Performing Arts Ctr., Lincoln High Sch., 180 116th St. S, Wis.   Rapids
Tuesday, March 18, 2003 at 7:00 p.m.
Dodger Bowl, Hwy. 18 West, Dodgeville
Auditorium, Onalaska High School, 700 Hilltopper Place,     Onalaska
Fitchburg Community Center, 5510 Lacy Road, Fitchburg
Auditorium, James Williams Jr. High School, 915 Acacia     Lane, Rhinelander
Country Inn Hotel and Conference Center, 2810 Golf Road, Waukesha
Wausaukee High School, N11941 U.S. Hwy. 141, Wausaukee
Wednesday, March 19, 2003 at 7:00 p.m.
Auditorium, Eau Claire Memorial High School, Keith Street,   Eau Claire
Auditorium, Park Falls High School, 400 9th Street North,     Park Falls
Northwoods Conf. Center, Stoney Creek Inn, 1100 Imperial     Ave., Mosinee
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 the Bureau of Wildlife Management at (608) 266-8204 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
The costs associated with the management and control of chronic wasting disease in the state will pose a significant financial burden including reduced revenues and increased costs in subsequent years.
Increased Costs Totals:
Salary and fringe: $1,532,687
Mileage, meals and supplies: $3,007,198
Decreased Total Revenues: $634,004
Cost and decreased revenue details follows.
WM-05-03 Fiscal Estimate: Assumptions used in arriving at the fiscal estimate
This fiscal estimate is created based on the department's current knowledge of the distribution of CWD positive deer in the state. These estimates could change significantly if new positives are found in other parts of the state.
Increased Costs Details
Carcass Disposal: Based on the figures for the 2002 deer season statewide and in the CWD zones, we anticipate similar numbers to be generated for the 2003 seasons.
Anticipated Herd Reduction Zone and Outstate Disposal Costs
  Number of Carcesses   Cost
Carcasses directly landfilled   2,000   $20,000.00
Carcasses picked up at off times   4,000   $ 80,000.00
Carcesses disposed of in dumpsters   10,000   50,000.00
Outstate head disposal costs   28,000   $ 35,000.00
Total     $285,000.00
Anticipated Intensive Harvest Zone and Eradiscation Zone Disposal Costs based on 10,000 deer
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Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.