Wisconsin Legislature: Text

NOTICE IS HEREBY GIVEN that pursuant to ss. 29.885 (4), 169.20 (4), 169.21 (3), 169.36 (9) (d), 169.39 (2) and (3), Stats., interpreting ss. 29.885 (4), 169.06 (3m), 169.20 (4), 169.21 (3), 169.36 (9) (d), 169.39 (2) and (3), Stats., the Department of Natural Resources will hold public hearings on revisions to chs. NR 12, 16 and 17, Wis. Adm. Code, relating to hound dog training and trialing on captive wild animals. 2003 Wisconsin Act 239 provided the ability to use captive coyote, fox and bobcat to train hunting dogs (hounds). Section 169.39 (2), Stats., requires the Department to promulgate and enforce rules for the housing, care, treatment, enrichment, feeding and sanitation of wild animals subject to regulation under ch. 169, Stats. In addition, this section goes on to state that the wild animals (in this case fox, coyote and bobcat) receive humane treatment, be held in sanitary conditions and that they receive adequate housing, care and food.

The proposed rules allow for the permitted use of nuisance-trapped coyotes in licensed dog training enclosures. The rule also allows for exceptions to the current pen specifications, humane handling, care, treatment and transportation of coyote, fox and bobcat in ch. NR 16. Additionally the rule creates new definitions pertaining to hound dog training enclosures. The rule goes on to clarify that bobcat, coyote and fox may be used under the authority of a hound dog training, dog club or dog trial license.

The most significant portion of this rule is the creation of the conditions under which coyotes, fox and to a lesser degree rabbits can be used within hound dog training enclosures and establishes a special hound dog training permit. Specifically this rule establishes the enclosure size and fencing requirements, the density of captive wild animals, housing and care requirements as well as disease prevention, and dog use and licensing requirements. The rule requires that, other than the 75 acre requirement, all current facilities will have to obtain an enclosure permit and comply with all provisions including fence sizes and animal densities.

All existing facilities that are operating legally under the authority of a hound dog or dog club training license, that are 60 acres in size, shall be grandfathered under this rule and will be allowed to obtain and renew their hound dog training enclosure permit. However, once the enclosure permit expires and is not renewed, the grandfathered enclosure may not be reissued unless the 75 acre requirement is met.

The rule also establishes the legal sources for obtaining captive coyote, fox, bobcat, raccoon and rabbits for use in dog training and trialing activity. The intent of these rule is to help assure that captive animals with diseases do not get introduced into this state.

Finally, the rule establishes record and reporting requirements for hound dog training and trialing.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., the proposed rules may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:

a. Types of small businesses affected: Hound dog training enclosures that offer training opportunities for individuals seeking to train hounds to track and pursue game, utilizing captive coyote and fox for a fee.

b. Description of reporting and bookkeeping procedures required: Records include a record of all dogs released into the enclosure and records of the number, species and source of all captive wild animals released into the hound dog training enclosure.

c. Description of professional skills required: No professional skills are necessary.

The Department's Small Business Regulatory Coordinator may be contacted at
SmallBusinessReg.Coordinator@dnr.state.wi.us or by calling (608) 266-1959.

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 hearings will be held on:

Tuesday, January 10, 2006 at 6:30 p.m.

John Muir Middle School

1400 W. Stewart Street

Wausau

Thursday, January 12, 2006 at 6:30 p.m.

Gathering Waters & Glaciers Edge Rooms

DNR South Central Region Hdqrs.

3911 Fish Hatchery Road

Fitchburg

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information 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.

The proposal will increase agency's cost and will not be absorbed within agency's budget.

The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Kurt Thiede, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until January 13, 2006. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Mr. Thiede.

NOTICE IS HEREBY GIVEN that pursuant to ss. ss. 26.39 (7) and 227.11 (2) (a), Stats., interpreting s. 26.39 (7), Stats., the Department of Natural Resources will hold a public hearing on the creation of s. NR 47.92, Wis. Adm. Code, relating to master logging certification scholarships. 2005 Wis. Act 25 created s. 26.39 (7), Stats., which directs the DNR to promulgate rules that establish criteria for a scholarship grant program to assist individuals who are seeking master logger certification through the Wisconsin Professional Loggers Association (WPLA). The master logger certification program is a performance-based program copyrighted and sanctioned by the American Loggers Council that establishes national standards of performance for the logging profession. Wisconsin's master logger program has been in existence for approximately two years. It is currently being administered through the Wisconsin Professional Loggers Association and s. 26.39 (7), Stats., continues to provide for that arrangement.

The proposed rules establish the purpose, applicability, definitions, application and grant procedure, general provisions, accountability and audit procedures, and termination provisions of the program. Scholarships would pay up to 50% of the cost towards an individual's application fee. It would offset part of the program cost of processing applicants for Wisconsin Master Logger consideration. The funding would be applied as a credit towards an individual's application fee which includes: costs incurred during the audit process, training related to the audit process, information and outreach to prospective applicants, and record-keeping and administrative costs directly related to the program.

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. The Department's Small Business Regulatory Coordinator may be contacted at
SmallBusinessReg.Coordinator@dnr.state.wi.us or by calling (608) 266-1959.

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 pursuant to ss. 26.39 (7), 227.11 (2) (a) and 227.24, Stats., interpreting s. 26.39 (7), Stats., the Department of Natural Resources will hold a public hearing on Natural Resources Board Emergency Order No. FR-43-05(E) relating to master logging certification scholarships. This emergency order took effect on November 15, 2005.

NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:

Monday, December 12, 2005 at 9:00 a.m.

Video conference participation will be available at:

Room 139, State Office Building

718 W. Clairemont Ave.

Eau Claire

DNR Regional Headquarters

107 Sutliff Avenue

Rhinelander

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Jeff Barkley at (608) 264-9217 with specific information on your request at least 10 days before the date of the scheduled hearing.

Proposal will increase agency's cost but can be absorbed within agency's budget.

The emergency rule, proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: adminrules.wisconsin.gov. Written comments on the rules may be submitted via U.S. mail to Mr. Jeff Barkley, Bureau of Forest Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until December 15, 2005 Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Mr. Barkley.

NOTICE IS HEREBY GIVEN that pursuant to ss. 227.11 (2) (a) and 281.15, Stats., interpreting ss. 281.11 and 281.15, Stats., the Department of Natural Resources will hold public hearings on revisions to ss. NR 102.10 and 102.11, Wis. Adm. Code, relating to listing additional waters as Outstanding or Exceptional Resource Waters. Outstanding and Exceptional Resource Waters (O/ERW) are waters which are characterized as being valuable or unique from various standpoints including fisheries, hydrology, geology and recreation.

In August 2004 the Department received a petition from various conservation organizations requesting that the Department designate 100 water segments as Outstanding or Exceptional. Department staff have evaluated available information pertaining to the segments in question, and recommend that 30 segments be added to the existing list of Outstanding Resource Waters in s. NR 102.10 and 12 segments be added as Exceptional Resource Waters in s. NR 102.11. The waters are located in Ashland, Barron, Bayfield, Burnett, Douglas, Forest, Iron, Langlade, Lincoln, Oneida, Price, Rusk, Sawyer, Taylor, Vilas and Washburn counties.

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. The Department's Small Business Regulatory Coordinator may be contacted at
SmallBusinessReg.Coordinator@dnr.state.wi.us or by calling (608) 266-1959.

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 Department will hold a public information session for one-half hour prior to each hearing. Department staff will be available to answer questions regarding the proposed rule.

NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:

Wednesday, January 4, 2006 at 6:30 p.m.

Holiday Inn Express

668 W. Kemp Street

Rhinelander

Thursday, January 5, 2006 at 1:30 p.m.

Room G09, GEF #2

101 South Webster Street

Madison

Wednesday, January 11, 2006 at 6:30 p.m.

Northern Great Lakes Visitor Center

29270 County Highway G

Ashland

Thursday, January 12, 2006 at 6:30 p.m.

Gov. Tommy Thompson Hatchery

951 W. Maple Street

Spooner

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Ms. Laura Bub at (608) 261-4385 with specific information on your request at least 10 days before the date of the scheduled hearing.

There is no expected fiscal effect at the state or local level.