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
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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
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April 16, 2008
Wednesday at 3:00 p.m.
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Room 218
UW-Marathon County
518 South 7th Avenue
Wausau
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April 24, 2008
Thursday at 5:00 p.m.
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Auditorium, Havenwood State
Forest Environmental
Awareness Center
641 N. Hopkins Street
Milwaukee
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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
