Rule-Making Notices
Notice of Hearing
Natural Resources
Fish, Game, etc., Chs.
NR 1—
NOTICE IS HEREBY GIVEN that pursuant to ss.
23.16,
23.322,
23.325 (2),
23.33,
27.01 (7),
29.014,
29.889 (7m),
30.52,
169.19 (6),
169.20 (6),
169.21 (3),
169.24 and
227.11, Stats., interpreting ss.
23.16,
23.322,
23.325 (2),
23.33,
27.01 (7),
29.014,
29.889 (7m),
30.52,
169.19 (6),
169.20 (6),
169.21 (3) and
169.24, Stats., the Department of Natural Resources will hold a public hearing on revisions to chs.
NR 1,
8,
10,
11,
12,
15,
16,
17 and
19, Wis. Adm. Code, relating to hunting, trapping, captive wild animals, dog training, nuisance animal removal, wildlife rehabilitation and license issuance.
Hearing Information
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
April 15, 2008
Tuesday at 1:00 p.m.
|
Room 608
GEF #2 Office Building 101 S. 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 Scott Loomans at (608) 267-2452 with specific information on your request at least 10 days before the date of the scheduled hearing.
Submission of Written Comments, Agency Contact, and Copy of Rule
The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Scott Loomans, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until April 16, 2008. 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. Loomans.
Analysis Prepared by Department of Natural Resources
Statutory authority
Sections
23.16,
23.322,
23.325 (2),
23.33,
27.01 (7),
29.014,
29.889 (7m),
30.52,
169.19 (6),
169.20 (6),
169.21 (3),
169.24 and
227.11, Stats.,
Statutes interpreted
Sections
23.16,
23.322,
23.325 (2),
23.33,
27.01 (7),
29.014,
29.889 (7m),
30.52,
169.19 (6),
169.20 (6),
169.21 (3) and
169.24, Stats.
Plain language analysis
Annually the department updates administrative code language to correct inconsistencies, update outdated language and provide clarification where appropriate. This year, the department is proposing the following changes:
• Designate elk as big game animals
• Allow the issuance of all approvals, permits, licenses, subscriptions and passes through the automated licensing system
• Eliminate duplicative deer hunting season language
• Correct a drafting error related to the youth deer hunting season
• Correct a cross reference to continue allowing hunting certain species at night during the December and October deer hunts
• Correct a cross reference related to type of legal archery hunting equipment
• Adjust bear management zones A and D to account for the Bad River Indian Reservation
• Update wildlife damage and nuisance control rules to be consistent with recently passed legislation
• Update rules which establish the Horicon Marsh Fur Farm to include newly acquired lands which are part of the marsh
• Reestablish pheasant management zones for the purposes of regulating Class B shooting preserves
• Eliminate the sunset of a rule which allows training dogs with the aid of raccoon and rabbits at certain times
• Define the term “preserve" in order to eliminate confusion about when a Taxidermy or Fur Buyers license is required
• Waive department fur tagging requirements for tribes that have their own fur tagging systems
• Repeal the “initial" advanced license for wildlife rehabilitation
• Clarify that animals which are being rehabilitated may not be exposed to domestic animals during rehabilitation
• Correct a typographical error related to wildlife rehabilitation regulations
Initial Regulatory Flexibility Analysis
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
SmallBusiness@dnr.state.wi.us or by calling (608) 266-1959.
Environmental Analysis
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.
Fiscal Estimate
Summary
The intent of these rule changes is to correct drafting errors, provide clarification to existing rules, simplify regulations, increase access to department services, and update administrative code language and references. The department anticipates only minimal fiscal impacts.
State fiscal effect
None
Local government fiscal effect
None
Long-range fiscal implications
Adding new purchase options to the automated licensing system may result in an increase in permits and services which are sold and an increase in revenue to the department. However, since no specific services are proposed to be included at this time it is not feasible to predict long range implications.
Notice of Hearings
Natural Resources
Fish, Game, etc., Chs.
NR 1—
NOTICE IS HEREBY GIVEN that pursuant to ss.
27.01 and
29.089, Stats., interpreting ss.
27.01 and
29.089, Stats., the Department of Natural Resources will hold public hearings creating ss.
NR 10.275 (4) and
45.09 (10), Wis. Adm. Code, relating to hunting in state parks, including department-managed portions of state trails.
Hearing Information
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
April 15, 2008
Tuesday at 5:00 p.m.
|
Glacier Room
DNR S. Central Region Hdqrs.
3911 Fish Hatchery Road Fitchburg
|
April 16, 2008
Wednesday at 3:00 p.m.
|
Room 218
UW-Marathon County
518 South 7th Avenue
Wausau
|
April 24, 2008
Thursday at 5:00 p.m.
|
Auditorium, Havenwood State
Forest Environmental
Awareness Center
641 N. Hopkins Street
Milwaukee
|
NOTICE IS HEREBY FURTHER GIVEN that the hearings on April 15, 2008 and April 24, 2008, in Fitchburg and Milwaukee, respectively, will close no sooner than 6:00 p.m. The hearing on April 16, 2008, will close at the completion of public testimony.
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 Scott Loomans at (608) 267-2452 with specific information on your request at least 10 days before the date of the scheduled hearing.
Submission of Written Comments, Agency Contact, and Copy of Rule
The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Scott Loomans, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until April 25, 2008. 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. Loomans.
Analysis Prepared by Department of Natural Resources
Statutory authority
Statutes interpreted
Plain language analysis
The proposed rule would authorize hunting on State Ice Age Trail areas unless the area is posted as closed to hunting. The Department would be able to post certain portions of an Ice Age Trail property as closed to hunting in order to protect public safety, protect a unique animal or plant community, or to accommodate usership patterns. Hunting and firearms discharge would not be allowed on the actual traveled portions of the trail or in an area extending 50 feet from the center of the trail.
Also in state parks, possession of loaded or uncased firearms is illegal where hunting is not allowed. This rule would authorize crossing the traveled portion of a trail in a State Ice Age trail area with a firearm that is not enclosed in a carrying case but which is unloaded. This provision would also apply on other types of state trails.
Initial Regulatory Flexibility Analysis
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
SmallBusiness@dnr.state.wi.us or by calling (608) 266-1959.
Environmental Analysis
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.
Fiscal Estimate
Summary
The primary costs associated with this rule are for signage that is required in order to indicate where hunting is not allowed on existing Ice Age Trail area properties. Additionally, the department typically identifies the boundaries of Ice Age trail areas and may provide information about allowable activities but that is not a requirement of this rule.
The department has recently purchased standard size masonite signs for $2.55 each from Badger State Industries and a regular supplier of sign posts charges $6.50 a piece. Including labor and mileage, it is estimated that each sign will cost $20.00 to place. If signs were placed at each corner and one per quarter mile of length of a true 80 acre parcel, then 6 signs X $20.00 = $120.00 of expense for signage at that parcel.
There are currently 54 Ice Age trail areas with an average size of 80 acres. Therefore, 54 parcels X $120.00 = $6,480 for signage. Actual costs resulting from this proposal may be lower because signs may already have been placed on some properties and because signage is only required where hunting is prohibited. An exact estimate of costs is difficult to make because irregularly shaped parcels will require different levels of signage.
The department estimates that these one-time costs can be absorbed in the current budget.
In some cases local governments and other entities cooperate with the department in the management of state trail properties. Since the proposed rules will only apply on department managed properties there should be no fiscal effect on department cooperators.
Annualized costs due to this rule proposal are expected to be minimal. 2007 ACT 20 has already required that all new properties acquired with stewardship funds provide notice of public access by the placement of signs. In most cases, these signs can serve the dual purpose of informing the public about access and about allowable activities.
State fiscal effect
Indeterminate. Increase in costs may be possible to absorb within agency's budget.
Local government fiscal effect
None
Fund sources affected
SEG
Affected Chapter
20 Appropriations
Long-range fiscal implications
New properties will require signs and signs will require maintenance however these expenses are not necessarily new since posting property boundaries is a standard DNR practice. Long range fiscal implications will be minimal and can be absorbed within current budgets.
Notice of Hearing
Natural Resources
Fish, Game, etc., Chs.
NR 1—
NOTICE IS HEREBY GIVEN that pursuant to ss.
77.06 (2),
77.82 (3) (c),
77.91 (1) and
227.11, Stats., interpreting s.
77.06 (2) and subch.
VI of ch. 77, Stats., the Department of Natural Resources will hold a public hearing on revisions to ch.
NR 46, Wis. Adm. Code, relating to administration of the Forest Crop Law and Managed Forest Law.
Hearing Information
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
April 16, 2008
Wednesday
at 10:00 a.m.
|
Video conference participation will be available at:
Room 139, State Office Building
718 W. Clairemont Avenue
Eau Claire
|
|
Room 618, State Office Building
200 N. Jefferson Street
Green Bay
|
|
Room 8F, State Office Building
101 E. Wilson Street
Madison
|
|
Communications Art Center
UW-Stevens Point
1101 Reserve Street
Stevens Point
|
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 Kathy Nelson at (608) 266-3545 with specific information on your request at least 10 days before the date of the scheduled hearing.
Submission of Written Comments, Agency Contact, and Copy of Rule
The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Ken Symes, Forest Tax Section, Bureau of Forest Management, P.O. Box 7963, Madison, WI 53707. Comments may be submitted until April 30, 2008. 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. Symes.
Analysis Prepared by Department of Natural Resources
Statutory authority
Statutes interpreted
Plain language analysis
The proposed changes to ch.
NR 46, include:
• Annual stumpage rate adjustments. Sections
77.06(2) and
77.91(1), Stats., require that the Department establish stumpage rates used in calculating severance and yield taxes on timber harvested from land enrolled in the Forest Crop Law (FCL) and Managed Forest Law (MFL). This rule would repeal and recreate s.
NR 46.30(2)(a) to
(d) to revise the stumpage rates used in calculating severance taxes and yield taxes for timber harvested during the period of November 1, 2008 and October 31, 2009. Thirteen separate zones reflect varying stumpage rates for different species and products across the state. The average change from current rates is a 0.10% increase for pulpwood and a 0.14% decrease for piece products. Private timber sales were used in calculating the proposed stumpage rates.
• Definitions used the MFL program in s.
NR 46.15 are being changed to streamline administration and processing of MFL orders, transfer and withdrawals
• Changes to ss.
NR 46.16 (1) (b) and
(6) relate to the processing of petitions and orders of designation. One change will allow landowners to amend their initial petition prior to submission of the management plan packet. As a result of this change it will be easier for landowners to enter lands under the MFL program
• NR 46.16 (1) (b) clarifies that a management plan packet for the May 15 deadline must be submitted with the petition.
Initial Regulatory Flexibility Analysis
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:
Types of small businesses affected
Any business with land enrolled in either the Managed Forest Law or the Forest Crop Law or wishing to enroll land under the Managed Forest Law
Description of reporting or bookkeeping procedures required
No procedures not already required.
Description of professional skills required
No new skills are required.
Small Business Regulatory Coordinator
Environmental Analysis
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.
Fiscal Estimate
Summary
This proposed rule change addresses the annual stumpage rate changes used in the calculation of severance and yield tax collections under Forest Cop Law (FCL) and Managed Forest Law (MFL) when timber is harvested from the private lands enrolled in the programs. Other changes proposed include are clarification and procedural and have no fiscal effect.
There is an estimated net increase in state revenues of approximately $2,400.00 due to the processing of MFL transfers.
There is an estimated net increase in local revenues of approximately $3,090.00 due to the changes in stumpage rates.
Timber prices have been stable over the past year. The proposed 2009 stumpage rate schedule includes an average 0.10% increase in sawtimber prices and an average 0.19% increase in cordwood prices. Prices of mixed products (combined sawlogs and pulpwood for red pine, white pine and spruce) decreased 0.14%. Of all total 629 prices calculated, 227 (36%) increased, 125 (20%) decreased and 277 (44%) stayed the same.
The severance and yield tax collected in CY 2006 was $2,078,390.00. Of this, 46% of the gross revenue was from sawtimber harvests. Fifty-four (54%) percent of the revenue was from cordwood harvests. There were no recorded mixed product sales in CY 2006. Based on the very small statewide increase in timber prices an estimated $3,090.00 will be collected for municipalities.
Estimates are based on the average change in rates across species and zone for each product type (cordwood, sawtimber and mixed), the volumes reported and paid for in CY 2006, and the assumption that the volume and the ratio of the cordwood and sawtimber will remain the same. Actual impact for a county and municipality will vary by the number of harvests completed and the actual species and products cut.
State fiscal effect
None
Types of local governmental units affected
Towns, Counties, Villages, Cities
Fund sources affected
SEG
Affected Chapter
20 Appropriations
Long-range fiscal implications
None
Notice of Hearing
Public Instruction
NOTICE IS HEREBY GIVEN That pursuant to ss.
115.445 (2) (b) and
(3) and
227.11 (2) (a), Stats., and interpreting s.
115.445, Stats., the Department of Public Instruction will hold a public hearing as follows to consider emergency and proposed permanent rules creating Chapter
PI 16, relating to four-year-old kindergarten grants. The hearing will be held as follows:
Hearing Information
April 17, 2008 Madison
3:00 - 4:30 p.m. GEF 3 Building
125 South Webster Street
Room 041
The hearing site is fully accessible to people with disabilities. If you require reasonable accommodation to access any meeting, please contact Jill Haglund, Early Childhood Consultant at
jill.haglund@dpi.wi.gov, (608) 267-9625 or leave a message with the Teletypewriter (TTY) at (608) 267-2427 at least 10 days prior to the hearing date. Reasonable accommodation includes materials prepared in an alternative format, as provided under the Americans with Disabilities Act.
Copy of Rule
Lori Slauson
Administrative Rules and Federal Grants Coordinator
Department of Public Instruction
125 South Webster Street
P.O. Box 7841
Madison, WI 53707
Submission of Written Comments
Written comments on the proposed rules received by Ms. Slauson at the above mail or email address no later than April 24, 2008, will be given the same consideration as testimony presented at the hearing.
Agency Contact Person
Analysis Prepared by Department of Public Instruction
Statute interpreted
Statutory authority
Explanation of agency authority
Section
115.445 (3), Stats., requires the department to promulgate rules to implement the program. Section
115.445 (2) (b), Stats., requires the department to define "community approaches to early education" as school boards that use this approach must receive preference in receiving funds.
Section
227.11 (2) (a), Stats., gives an agency rule-making authority to interpret the provisions of any statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of the statute.
Related statute or rule
N/A
Plain language analysis
2007 Wisconsin Act 20, the biennial budget bill, created s.
115.445, Stats., relating to 4-year-old kindergarten grants. Beginning in the 2008-09 school year, the Act appropriated $3,000,000 and allows school boards to apply to the department for a 2-year grant to implement a 4-year-old kindergarten program.
In the first school year of the grant, the school board may receive up to $3,000 for each 4-year-old kindergarten pupil; in the succeeding school year, $1,500 per 4-year-old pupil. If funds are insufficient, the department may prorate the payments.
The department is required to promulgate rules for the program and particularly to define "community approaches to early education" as school boards that use this approach must receive preference in receiving funds.
The proposed rule establishes criteria and procedures for awarding grants to eligible school districts.
These rules were promulgated as emergency rules on February 25, 2008, in order to establish application criteria and procedures in time for the program to operate in the upcoming school year.
Comparison with federal regulations
N/A
Comparison with rules in adjacent states
Illinois has an early childhood block grant program serving children ages 3 years old to kindergarten enrollment age. The block grant provides for three programs: preschool for at-risk children, preschool for all children and social and emotional consultation services. It appears funds are made available on a competitive basis as opposed to Wisconsin's per child amount. Funds are available to an eligible applicant regardless of whether or not they have an existing program. Eligible applicants include public or private not-for-profit or for-profit entities with experience in providing educational, health, social and/or child development services to young children and their families. Grantees must collaborate with their local Head Start program. A program may receive continued funding if a need continues to exist for the program and in the previous year, the applicant complied with the terms and conditions of the grant it received.
Iowa has a statewide voluntary preschool program for four-year-old children whose families choose to access such programs. Funds are made available (it appears on a competitive basis as opposed to Wisconsin's per child amount) to assist local school districts in the implementation of these programs. Funds are available to any eligible district regardless of whether or not they have an existing program. Only public schools may apply for funds. Programs must be approved by the department of education and must collaborate with community based providers, such as Head Start, licensed child care centers, etc. The programs must meet specific personnel, ratio of staff to children, maximum class size, instruction time, space, materials, meal and parental involvement standards. If the number of requests exceeds funding available, priority is given to high poverty school districts and to school districts that do not have existing preschool programming (as opposed to Wisconsin's prorating of funds per pupil).
Michigan and Minnesota – do not have rules relating to grants for 4-year-old kindergarten.
Summary of factual data and analytical methodologies
Wisconsin recognizes the importance of education in the lives of very young children. The state constitution sets the stage for school responsibilities beginning with 4-year-olds, and state and federal laws require school services for children with disabilities beginning at age three. A child's success in school is dramatically influenced by their experiences before school age, including health care and quality early care and education. Schools and communities across the state are sharing responsibilities to ensure that quality opportunities are available for young children before they enter school and during their early school years. A coordinated plan to expand access and improve the quality of early learning opportunities is needed to build a foundation for a quality statewide system that builds community, maximizes resources, and assures quality environments and competent professionals.
While state law recognizes the importance of parental involvement and provides a financial incentive to incorporate it into 4K programs, no equivalent incentive is provided for districts using “community approaches." During the 2005-06 school year, 234 of the state's 426 school districts operated a 4K program, but only 33 of these districts used community approaches, where school districts work cooperatively with child care and Head Start partners. Community approaches help maximize existing resources, minimize the number of transitions young children must make among programs, and reduce barriers to participation by increasing access to full-day programs for working families and to health and social services for low-income children. The integration of multiple types of funding sources and a wide range of early care providers enhances overall quality of services to children and families. However, the planning and community building needed to design, implement and sustain a 4K program using a community approach is time consuming and requires ongoing staff effort.
The department is committed to expanding the number of 4K programs offered in the state. Support for the approximately 100 school districts currently exploring the implementation of a 4K program is critical. In the past, funding through a grant from the Trust for Early Education (TEE), allowed the department to establish a network of support (Forces for Four-Year Olds Advisory Committee, Preserving Early Childhood Conference) and to provide resource materials to districts exploring or implementing 4K programs. This temporary private funding is no longer available, but the demand and need for support to these districts continues.
This 4-year-old-kindergarten grant program will help to support some school districts in implementing their 4K programs and will give preference to programs that use community approaches to early education. The rule proposal is based on extensive research and developed through cooperation among four of the department's divisions, with input from two other state agencies. It builds on past successes and incorporates plans and efforts endorsed by the Forces for Four-Year Olds Advisory Committee.
Initial Regulatory Flexibility Analysis
The proposed rules will indirectly benefit small business as priority is given to 4K programs that involve child care centers. However, the proposed rules will not have a significant economic impact on small businesses, as defined in s.
227.114 (1) (a), Stats.
Fiscal Estimate
Summary
Under s.
20.255 (2) (dp), Stats.,
2007 Wisconsin Act 20 appropriated $3 million annually beginning in 2008-09 for school districts to apply to the department for a 2-year grant to implement a 4-year-old kindergarten program.
In the first year of the grant, the school board may receive up to $3,000 for each 4-year-old kindergarten pupil; in the succeeding year, $1,500 per 4-year old pupils. If funds are insufficient, the department may prorate the payments.
The rule establishes criteria and procedures for awarding grants under this program. The rules will have no fiscal effect on local governments or small businesses as defined in s.
227.114 (1) (a), Stats.
The costs associated with administering this grant program will be absorbed by the department.
