Rule-Making Notices (Hearing Notices)

Section 11. LIRC 3.01 is repealed and recreated to read:

LIRC 3.01 Petitions for review; where filed. A petition for commission review of the findings or order of a department administrative law judge under s. 102.18, Stats., shall be filed with any of the following:

(1) The worker's compensation division of the department, at any of the following locations:

(a) 201 East Washington Avenue, P.O. Box 7901, Madison, Wisconsin 53707 (FAX: [phone]).

(b) 819 North Sixth Street, Milwaukee, Wisconsin 53203 (FAX: [phone]).

(c) 1500 North Casaloma Drive, Suite 310, Appleton, Wisconsin 54915 (FAX: [phone]).

(2) The commission, at its office at 3319 West Beltline Highway, P.O. Box 8126, Madison, Wisconsin 53708 (FAX: [phone]).

Section 12. LIRC 3.02 is repealed.

Section 13. LIRC 3.04 is amended to read:

LIRC 3.04 Compromise settlements. Compromise settlements of worker's compensation claims are solely within the jurisdiction of the worker's compensation division, department of workforce development, according to governed by s. 102.16, Stats., and s. DWD 80.03. Under s. 102.18 (4) (d), Stats., if a compromise is reached while a case is pending commission review, the compromise shall be submitted to the commission, and the commission shall remand the case to the worker's compensation division of the department for consideration of the compromise. If the compromise is not approved, the party who filed the petition for commission review may reinstate its petition by notifying the commission. Under s. 102.24 (2), Stats., if a compromise is reached while a case is pending court review of a commission order, remand shall be to the commission and the commission shall then remand the case to the department for consideration of the compromise.

Section 14. LIRC 4.01 is amended to read:

LIRC 4.01 Petitions for commission review; where filed. A petition for commission review of the findings and order of a department administrative law judge under s. 106.52 or 111.39 (5), Stats., shall be received within 21 days from the date of mailing of the findings and order to the parties by filed with the equal rights division of the department at any of the following locations:

(1) The equal rights division, 819 North Sixth Street, Milwaukee, Wisconsin 53203 , or (FAX: [phone]).

(2) The central administrative office of the equal rights division, at 201 East Washington Avenue, P.O. Box 8928, Madison, Wisconsin 53708 (FAX: [phone]).

Section 15. LIRC 4.02 is repealed.

Initial Regulatory Flexibility Analysis:

The commission's rules of procedure affect small businesses when they are parties to cases pending before the commission. The proposed rule changes primarily serve to clarify existing procedural rules. The changes in procedure made by the proposed rules will create an additional method by which a petition for review may be filed, and reduce the charge for obtaining copies of certain documents. These changes are not anticipated to have any significant effect on small businesses.

Fiscal Estimate

Assumptions Used in Arriving at Fiscal Estimate

Repeal of LIRC 2.04 eliminates fees of $1.00 per page ($25 minimum) for a transcript prepared by or for the Commission and substitutes a 20 cents per page photocopying fee under LIRC 1.045. Based on averaging and estimating fees collected for transcripts requested in recent years, the loss in fees would amount to approximately $1100 to $1200 per year.

Estimate: 20 transcripts per year

70 pages ($70)

$1400 minus 20 cents per page offset for photocopying ($250) = $1120

Contact Person and Submission of Comments

Agency contacts - James L. Pflasterer, General Counsel, telephone: [phone], E-mail: james.pflasterer@dwd. state.wi.us; David B. Nance, Staff Attorney, telephone: [phone], E-mail: [e-mail].

Comments may be submitted in writing by March 15, 2006 to: Wisconsin Labor and Industry Review Commission, P. O. Box 8126, Madison WI 53708-8126; by facsimile to [phone]; or via E-mail to [e-mail].

More information is provided at the commission's website at: http://www.dwd.state.wi.us/lirc/proposedrules.htm.

Notice of Hearing

Natural Resources

[CR 06-013]

(Fish, Game, etc., Chs. NR 1—)

NOTICE IS HEREBY GIVEN that pursuant to ss. 29.014, 29.063, 29.177 and 227.11, Stats., interpreting ss. 29.063, 29.177 and 29.361, Stats., the Department of Natural Resources will hold public hearings on revisions to ss. NR 10.01 (3), 10.104 (11) and 10.105 (2), Wis. Adm. Code, relating to deer hunting as the pertains to the control and eradication of chronic wasting disease (CWD). Beginning in 2006, the Department proposes the following CWD hunting rules:

Creates an either-sex hunting regulation for all seasons for both the Herd Reduction Zone (HRZ) and the Disease Eradication Zones (DEZ).

HRZ and DEZ early gun deer season for 9 days beginning the Saturday nearest October 24.

HRZ and DEZ late gun deer season beginning with the traditional opener and ending 3 Sundays after Thanksgiving.

Preservation of the Earn-a-Buck option for the future, if needed. Criteria will be created that will establish when the Department may use the earn-a-buck harvest regulations and add 7 days to the early deer gun season if earn-a-buck regulations are recommended for a unit, units or a herd reduction or disease eradication zone.

In the state parks in the herd reduction zone (Belmont Mound, Cadiz Springs, Devil's Lake, Natural Bridge, New Glarus Woods, Mirror Lake, Rocky Arbor and Yellowstone) the late October season would be extended from 4 to 9 days to mirror the season outside of the park. Also, for consistency, rather than beginning on the Thursday, the season would start on the Saturday nearest October 24. The hunting hours will end at noon for all 9 days to reduce conflicts with traditional park uses.

In state parks in the disease eradication zone (Blue Mound, Governor Dodge and Tower Hill), the number of early gun hunting days will be reduced to be consistent with hunting outside the parks. In 2006, the early firearm season in these parks would begin the Saturday nearest October 24 and extend for 9 days. The archery seasons in these parks will open on the same weekend as the early gun hunt, rather than on the Thursday nearest October 27. The hunting hours will end at noon for all 9 days to reduce conflicts with traditional park uses.

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 [e-mail] or by calling [phone].

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 an open house/informational meeting immediately preceding each public hearing. The open house/informational meeting on the deer herd status and the proposed CWD rule will be held from 5:00 p.m. to 7:00 p.m. Department staff will be available to answer questions regarding the proposed rules and deer herd status in the surrounding deer management units.

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

March 13, 2006 Monday at 7:00 p.m.	Waukesha State Office Bldg. 141 NW Barstow Waukesha
March 14, 2006 Tuesday at 7:00 p.m.	Grand Avenue Elementary School Theater 225 Grand Avenue Prairie du Sac
March 15, 2006 Wednesday at 7:00 p.m.	Jefferson Co. Fairgrounds Activity Center 503 N. Jackson Avenue Jefferson
March 15, 2006 Wednesday at 7:00 p.m.	Kenosha Center Kenosha Co. Administration Center 1010 56th Street Kenosha
March 17, 2006 Friday at 7:00 p.m.	DNR Service Center 1500 N. Johns Street Dodgeville

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 Kari Lee-Zimmerman at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Estimate

Since 2002, the department has promulgated rules to manage and control CWD. In previous years the department has added significant areas of southern Wisconsin to one of the designated CWD management zones, which has resulted in added costs and reduced revenues to the department. However, this year the department is not modifying either the DEZ or HRZ, resulting in no significant fiscal impact.

The remaining proposed modifications do not result in an increase or decrease in appropriations or revenues for the department. Additionally, these proposals do not result in increased or decreased department costs.

Copy of Rule and Submission of Comments

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 Ms. Kari Lee-Zimmerman, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until March 20, 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 Ms. Lee-Zimmerman.

Notice of Hearing

Natural Resources

[CR 06-011]

[CR 06-012]

(Fish, Game, etc., Chs. NR 1—)

NOTICE IS HEREBY GIVEN that pursuant to ss. 23.09 (2) (b), 29.014, 29.089 (3), 29.091, 29.164 (4) (b), 29.184 (6) and 29.197 (2), Stats., interpreting ss. 23.09 (2) (b), 29.014, 29.089 (3), 29.091, 29.164 (4) (b), 29.184 (6) and 29.197 (2), Stats., the Department of Natural Resources will hold public hearings on revisions to chs. NR 10, 15, 17 and 19, Wis. Adm. Code, relating to deer and turkey hunting, hunting and trapping techniques, permit and license issuance, dog training and learn-to-hunt programs. The proposed changes:

1. Extend the closing date of the ruffed grouse season in Zone A from December 31 to January 31, thereby consolidating ruffed grouse hunting zones from 3 to 2.

2. Expand the fall wild turkey hunting season from October 1 – November 10 to the Saturday nearest September 15 and continuing through the Thursday immediately prior to the opening of the deer gun season. This would be the same as the early archery deer season dates.

3. Create a 2-day youth turkey hunt on the weekend before the regular spring turkey season begins.

4. Extend the ending of the spring wild turkey hunting hours from 5:00 p.m. to sunset.

5. Prohibit possession of electronic turkey calling equipment while turkey hunting, and prohibit possession of electronic waterfowl calling equipment while waterfowl hunting.

6. Create consistent standards for body-gripping type traps, where traps 75 square inches or larger would be illegal as dry land sets, traps between 60 and 75 square inches would be legal only when half the trap in below water at all times, or when at least 5 feet off the ground, or when properly enclosed, and creating a maximum allowable height dimension of 7½ inches for dry land body-gripping traps.

7. Issue turkey carcass tags remaining after the initial special license drawing over-the-counter at a rate of one carcass tag per customer per day.

8. Change the “no dog training" period from April 15-July 31 to April 1-July 31.

9. Change the minimum age of the Youth Learn to Hunt Program from age 11 to age 10 to be consistent with current department policy.

10. Allow Class A bear licenses to be purchased up to the day prior to the ear season, and allow the purchase of a Class A bear license during the bear season, provided the license is not effective until three days after the date of purchase.

11. Allow the use of rifles in Kewaunee County during the gun deer season.

12. Create a limited entry nine-day shotgun deer gun season, followed by a ten-day muzzleloader season and late archery season at High Cliff State Park.

13. Eliminate the Greenwood “No Entry Wildlife Refuge" in Waushara County.

14. Require a pheasant stamp statewide for anyone who wishes to hunt pheasants.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to ss. 29.014 (1), 29.039, 29.041 and 227.11 (2) (a), Stats., interpreting ss. 29.014(1), 29.039, 29.041, 29.161, 29.204, 29.207, 29.219, 29.228, 29.231, 29.235, 29.531, 29.533 and 29.624, Stats., the Department of Natural Resources will hold public hearings on revisions to chs. NR 20, 21, 23 and 24, Wis. Adm. Code, relating to fishing on the inland, outlying and boundary waters of Wisconsin. The proposed changes:

1. Consider 50" minimum size limit for muskellunge in Lake Winnebago, to be consistent with Great Lakes spotted musky rehabilitation protocol in connected waters.

2. Consider 50" minimum size limit for muskellunge in Little Lake Butte des Morts and the Fox River downstream from the Neenah and Menasha dams to the DePere dam, to be consistent with Great Lakes spotted musky rehabilitation protocol in connected waters.

3. Extend sunset provision of Wisconsin, Lemonwier and Yellow River experimental regulations for walleye and sauger, from the Grandfather dam downstream to the Prairie du Sac dam. The experimental 15" minimum/20-28" no harvest slot will be extended until 2014 to enable the Department to fully evaluate the efficiency of the regulation.

4. Prohibit recreational harvest of live freshwater mussels from inland waters of the state, excluding the Great Lakes and the Mississippi River.

5. Establish a catch-and-release only fishery for lake sturgeon in the Menominee River downstream from the Hattie St. dam, and modify the minimum length limit for lake sturgeon above the Hattie St. dam to coincide with recently approved changes to Michigan regulations.

6. Simplify walleye regulations in the Menominee River below the Hattie St. dam and in waters of Green Bay, to provide consistent regulations for anglers fishing either Wisconsin or Michigan waters.

7. Revise opening date for game fish season on the St. Croix River to provide anglers with an opening date consistent between Wisconsin and Minnesota waters.

8. Revise the minimum length limit for sauger on the St. Louis River to provide anglers with a regulation consistent in Wisconsin and Minnesota waters.]

9. Prohibit possession or use of a sinker release device while fishing in waters of the state.

10. Revise code to allow individuals younger than 16 years old to take, possess and control turtles without the requirement to hold a valid fishing or small game license.

11. Modify removal dates for ice shanties from March 1 (south of Hwy. 64) and March 15 (north of Hwy. 64) to “the first Saturday following March 1 and the first Saturday following March 12, respectively".

12. Expand the list of waters where bowfishing is permitted between sunset and sunrise.

13. Replace the 14" minimum size limits for largemouth and smallmouth bass in Pigeon Lake, Bayfield County, with a 14-18" no-harvest slot regulation and reduce the daily bag limit from 5 fish to 3 fish.

14. Extend sunset provision for 18" minimum/3 fish daily bag limit for walleye in Beaver Dam Lake, Dodge County, to enable the Department to fully evaluate the impacts of the regulation. This proposal will also encompass all Beaver Dam Lake tributary streams, which were inadvertently excluded from the original rule.

15. Increase the minimum length limit for walleye in Kangaroo Lake, Door County, from 15" to 18" and reduce the daily bag limit from 5 fish to 3 fish.

16. Increase the minimum size limits for largemouth and smallmouth bass in Muskellunge Lake, Lincoln County, from 14" to 18" and reduce the daily bag limit from 5 fish to one fish.

17. Replace the 18" minimum size limits for largemouth and smallmouth bass in Pigeon Lake, Bayfield County, with a 14-18" no-harvest slot regulation and increase the daily bag limit from one fish to 3 fish.

18. Increase the minimum size limit for muskellunge in Pelican Lake, Oneida County, from 34" to 50".

19. Replace the current 14" minimum size limits for largemouth and smallmouth bass with no minimum size limit in Big Butternut Lake, Polk County.

20. Replace the 14" minimum size limits for largemouth and smallmouth bass with no minimum size limit in Nelson Lake, Sawyer County.