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.
Agency Contact Person
Scott Loomans
Phone: (608) 267-2452
Notice of Hearings
Natural Resources
Fish, Game, etc., Chs.
NR 1—
(DNR # WM-21-10)
NOTICE IS HEREBY GIVEN that pursuant to ss.
29.014,
29.041,
29.197 and
227.11 (2) (a), Stats., the Department of Natural Resources will hold public hearings on revisions to Chapter
NR 10, Wis. Adm. Code, relating to the 2010 migratory game bird seasons and waterfowl hunting zones.
Season dates and bag limits will be set for ducks and Canada geese. Under international treaty and federal law, migratory game bird seasons are closed unless opened annually via the U.S. Fish and Wildlife Service regulatory process. Because of the timing of Wisconsin's rule process and the U.S. Fish and Wildlife Service rule process, the actual season lengths, dates and bag limits cannot be determined at this time for much of the rule. The daily bag limit for ducks is expected to be 6 ducks including not more than 4 mallards, of which only one may be a hen, one black duck, one pintail, one canvasback, 3 wood ducks, two scaup, and 2 redheads. Season lengths for Canada geese are expected to be: Collins Zone – 66 days; Horicon Zone – 92 days; Exterior Zone – 85 days; and Mississippi River Subzone – 85 days.
There would be two time periods for hunting Canada geese in the Horicon Zone and three time periods in the Collins Zone.
Hearing Information
The hearings will begin at 7:00 p.m. at each of the following locations:
August 2, 2010 State Office Bldg.
Rooms B-19 and B-20
3550 Mormon Coulee Road
La Crosse
August 3, 2010 WI Indianhead Technical College (WITC)
Room 243, 1900 College Drive
Rice Lake
August 4, 2010 Agricultural Services Center
Main Conference Room
3369 West Brewster Street
Appleton
August 5, 2010 Comfort Suites Lake Country
Thunder Bay Room
N14 W24121 Tower Place
Pewaukee
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 Kent Van Horn at (608) 266-8841 with specific information on your request at least 10 days before the date of the scheduled hearing.
Copies of Proposed Rule and Fiscal Estimate and Submittal of Written Comments
The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov. A personal copy of the proposed rule and fiscal estimate may be obtained from Mr. Van Horn at the address listed below.
Written comments on the proposed rule may be submitted via U.S. mail to Mr. Kent Van Horn, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707 or by email to
kent.vanhorn@wisconsin.gov. Comments may be submitted until
August 6, 2010. 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.
Analysis Prepared by Department of Natural Resources
Statutes interpreted and explanation of agency authority
In promulgating this rule, ss.
29.014,
29.041,
29.197 and
29.885, Stats. have been interpreted as allowing the department the authority to establish the migratory game bird seasons within the state as well as on and in all waters bordering the state and establish the two-day youth waterfowl hunt.
Statutory authority and explanation of agency authority
Statutes that authorize the promulgation of this rule order include ss.
29.014 and
227.11, Stats. These sections grant rule making authority to the department to establish and maintain open and closed seasons for hunting and provide that all rules promulgated under this authority are subject to review under ch.
227, Stats. In addition, s.
29.041, Stats., authorizes the department to promulgate rules that regulate hunting on and in all interstate boundary waters, and s.
29.197, Stats., authorizes the establishment of special hunts.
Related statute or rule
This rule order establishes the season length and bag limits, for the Wisconsin migratory game bird seasons. Each year similar or identical emergency and permanent rule packages are promulgated. This process is necessary to have the seasons in place for the fall hunting season while following the federal and state rule procedures.
Clearinghouse Rule 10-020, the Wildlife Management Spring Hearing Rules package, repeals the Burnett and Rock Prairie Canada goose management subzones. This rule order is written as affected by
CR 10-20.
Plain language analysis
Sections 1 and 4 through 8 repeal the Collins goose management zone.
Section 2 of this rule order establishes the season length and bag limits for the 2010 Wisconsin migratory game bird seasons. For ducks, the state is divided into two zones each with 60-day seasons. The season begins at 9:00 a.m. September 25 and continues for 60 consecutive days in the north, closing on November 23. In the South the season begins at 9:00 a.m. on October 2 and continues through October 10, followed by a 5-day split, and then reopens on October 16 and continues through December 5. The daily bag limit is 6 ducks including no more than: 4 mallards, of which only 1 may be a hen, 1 black duck, 1 pintail, 1 canvasback, 3 wood ducks, 2 scaup and 2 redheads.
For Canada geese, the state is apportioned into 3 goose hunting zones: Horicon, Collins and Exterior. Other special goose management subzones within the Exterior Zone include Brown County and the Mississippi River. Season lengths are: Collins Zone - 66 days (three hunting periods, September 16 – October 3, October 4 – 24, October 25 – November 19); Horicon Zone - 92 days (2 hunting periods, first period beginning September 16 and the second on November 1); Exterior Zone in the northern duck zone - 85 days (Sept. 18 – Dec. 11); Exterior Zone in the southern duck zone – 85 days (Sept. 18 – Oct. 10 and Oct. 16 – Dec. 16) and Mississippi River subzone - 85 days (Oct. 2 – Oct. 10 and Oct. 16 – Dec. 30). The statewide daily bag limit for Canada geese in all zones is 2 birds per day during the open seasons within the zones.
Section 3 establishes the youth waterfowl hunting season dates.
Comparison with federal regulations
Under international treaty and Federal law, migratory game bird seasons are closed unless opened annually via the U.S. Fish and Wildlife Service (USFWS) regulations process. As part of the Federal rule process, the USFWS proposes a duck harvest-management objective that balances hunting opportunities with the desire to achieve waterfowl population goals identified in the North American Waterfowl Management Plan (NAWMP). Under this harvest-management objective, the relative importance of hunting opportunity increases as duck populations approach the goals in the NAWMP. Thus, hunting opportunity would be maximized when the population is at or above goals. Additionally, while USFWS believes that the NAWMP's population goals would tend to exert a conservative influence on overall duck harvest-management. Other factors, such as habitat, are to be considered.
In the past, the regular Canada goose season was based on the allowable Mississippi Valley Population (MVP) harvest which was determined based on the spring breeding population estimate obtained from an aerial survey of the MVP breeding range as prescribed by the Mississippi Flyway MVP management plan. However, because locally produced giant Canada geese now constitute a considerable portion of the harvest in all states that also harvest Mississippi Valley Population birds, the Mississippi Flyway Council is testing the use of a standard season framework for 5 years. Beginning in the fall of 2007 and continuing through 2011, season lengths and bag limits for each MVP harvest state will remain unchanged. Each state retains the flexibility to schedule the timing of their Canada goose season. In addition, if the MVP spring population numbers dropped to a predetermined low level during the 5-year period, the stable season framework would be adjusted.
All proposed modifications included in this rule order are consistent with these parameters and guidelines which are annually established by the USFWS in
50 CFR 20.
Comparison with rules in adjacent states
Since migratory bird species are managed under international treaty, each region of the country is organized in a specific geographic flyway which represents an individual migratory population of migratory game birds. Wisconsin along with Minnesota, Michigan, Illinois and Iowa are members of the Mississippi Flyway. Each year the states included in the flyways meet to discuss regulations and guidelines offered to the flyways by the USFWS. The FWS regulations and guidelines apply to all states within the Flyway and therefore the regulations in the adjoining states closely resemble the rules established in this rule order, and only differ slightly based on hunter desires, habitat and population management goals. However, these variations fall within guidelines and sideboards established by the USFWS.
Summary of factual data and analytical methodologies
For the regular duck season, a data based process called Adaptive Harvest Management is used annually by the USFWS and the Flyways to determine which of 3 framework alternatives best matches the current year's data on populations and habitat (data from the spring pond and duck survey). The option of a closed season is also possible if survey conditions indicated that this is necessary for the management of duck populations. The determination of which alternative is selected is based in part on the spring wetland conditions on the breeding grounds and the Mid-Continent Mallard population. These data come from the May Pond and Breeding Waterfowl Population Surveys conducted by the USFWS and Canadian Wildlife Service on traditional survey areas as well as surveys from select states, including Wisconsin.
Wisconsin's regular Canada goose season harvest consists of close to a 50:50 ratio between resident giant and MVP population Canada geese. As a result, the parameters of Wisconsin's regular goose seasons are guided by the Mississippi Flyway management plans for the MVP and giant Canada goose populations and approved by the Mississippi Flyway Council and the USFWS. The health of these populations was measured with spring breeding population surveys, survival data and harvest rates obtained from banding and production studies. The surveys and studies are conducted annually and are supported by the State of Wisconsin as part of the MFC. The result of this work is reviewed annually by the MFC committee and the USFWS to measure the impact of the stable season framework trial period.
The primary elements of Wisconsin's waterfowl regulatory process include conducting spring waterfowl surveys, participation in MFC meetings, commenting on federal proposals, and soliciting input from the public. The state process begins with Flyway meetings in February and March each year where staff provide input to the development of federal framework alternatives and requests related to the early seasons. In spring and summer, breeding waterfowl surveys and banding are conducted in support of the regulatory process.
In early July, staff will conduct a public meeting to solicit input from interest groups, including representatives of the Conservation Congress Migratory Committee. At this meeting staff will provide the attendees with breeding status information and ask for any items that they wish the department to pursue at the MFC meeting in mid July. Department staff then attended the MFC Technical and Council meetings. At this meeting, staff will be provided status information and the proposed framework alternative from the USFWS. Department staff will then work with the other states in our Flyway to discuss and develop proposals and recommendations to be voted upon by the MFC. Proposals that pass at the MFC meeting will be forwarded to the USFWS for consideration by the Service Regulations Committee (SRC) at their meeting. The USFWS will announce its final waterfowl season framework recommendation on July 30. Department staff will summarize waterfowl status and regulation information for Wisconsin citizens and present this information to the Migratory Committee of the Conservation Congress and at a public meeting (Post-Flyway Meeting) of interest groups and individuals on July 31. Staff will gather public input at these meetings regarding citizen suggestions for the development of Wisconsin's waterfowl regulations given the federal framework. Public hearings will be held during the first week of August around the state to solicit additional input on the proposed annual waterfowl rule.
This rule proposal will eliminate the Collins Canada goose hunting zone in 2011. The Collins zone in Manitowoc County was established in 1988 because it was a site specifically used by the Mississippi Valley Population of Canada geese and was hunted intensively. With the expansion of the Giant Canada goose population in Manitowoc County and the decreased interest in hunting the Collins zone, there is no longer a need for special restrictions. Staff have already collected public input and Mississippi Flyway Council review for the elimination of this zone with favorable results. As part of the annual harvest management of the Collins zone, all hunting permit holders are mailed a questionnaire. For the 2009 season, we included a question asking the permit holders if they would favor eliminating the Collins Zone and 80% favored elimination of the zone. Only 14% opposed elimination and 6% did not respond. We can increase efficiency and collect input from waterfowl hunters statewide by taking the proposal through the 2010 summer waterfowl rule hearings.
Analysis and supporting documents used to determine effect on small business
These rules, and the legislation which grants the department rule making authority, do not have a significant fiscal effect on the private sector or small businesses. Additionally, no significant costs are associated with compliance to these rules.
Small Business Fiscal Impact
These rules are applicable to individual sportspersons and impose no compliance or reporting requirements for small businesses, nor are any design or operational standards contained in the rule.
It is not anticipated that the proposed rule will have an economic impact on small businesses.
Environmental Impact
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
This proposed migratory bird season rule is similar to the season in previous years and will not result in any significant changes in spending or revenue. There are no new government costs anticipated due to the provisions of this rule.
Agency Contact Person
Kent Van Horn
101 S. Webster Street
PO Box 7921
Madison, WI 53707-7921
Notice of Hearings
Natural Resources
Fish, Game, etc., Chs.
NR 1—
(DNR # ER-10-10)
NOTICE IS HEREBY GIVEN that pursuant to ss.
23.27 (3) (b) and
227.11 (2) (a), Stats., the Department of Natural Resources will hold public hearings on revisions to Chapter
NR 29, Wis. Adm. Code, relating to fees for providing endangered resources information to those who request it for specific authorized purposes.
The Department proposes to update fees for providing Natural Heritage Inventory (NHI) information and data to the public, establish a new expedited endangered resources review service; require education, training, experience, and an exam for requesters of detailed NHI data; establish a pilot certification program; and charge fees for training, exams, and certification to cover Department costs.
Hearing Information
The hearings will be held on:
July 13, 2010 Glaciers Edge and Gathering Waters Rms.
Tuesday DNR South Central Region Headquarters
at 11:00 a.m. 3911 Fish Hatchery Road
Fitchburg
July 14, 2010 Room 163, DNR Service Center
Wednesday 141 NW Barstow
at 11:00 a.m. Waukesha
July 16, 2010 DNR/DMV Conference Room
Friday DNR Service Center
at 11:00 a.m. 5301 Rib Mountain Drive
Wausau
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 Sarah Carter at (608) 264-8968 with specific information on your request at least 10 days before the date of the scheduled hearing.
Copies of Proposed Rule and Fiscal Estimate and Submittal of Written Comments
The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov. A personal copy of the proposed rule and fiscal estimate may be obtained from Ms. Carter at the address listed below.
Comments may also be submitted via an online form at:
http://dnr.wi.gov/org/land/er/review/NR29form.asp Written comments on the proposed rule may be submitted via U.S. mail to Ms. Sarah Carter, Bureau of Endangered Resources, P.O. Box 7921, Madison, WI 53707 or by email to
sarah.carter@wisconsin.gov. Comments may be submitted until
July 16, 2010. 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.
Analysis Prepared by Department of Natural Resources
Statutes interpreted
In promulgating this rule, s.
227.11 (2) (a), Stats., has been interpreted as allowing the department the authority to develop rules to implement a program to provide natural heritage inventory information to the public. Section
23.27 (3) (b), Stats., has been interpreted as directing the department to share natural heritage inventory information and data with those who request it for specific authorized purposes.
Statutory authority
The state statutes that authorize the promulgation of this rule include section
23.27 (3) (b), Stats., and section
227.11, Stats.
Explanation of agency authority
These sections grant rule-making authority and fee establishment to the department and direct the department to make natural heritage inventory information and data available to those who request it.
Plain language analysis
Ch.
NR 29, Wis. Adm. Code, outlines mechanisms and fees for sharing Natural Heritage Inventory (NHI) information on rare species and high-quality natural communities with the public. The proposed changes to Ch.
NR 29, Wis. Admin. Code, represent recommendations made by stakeholders during a comprehensive program review conducted in 2008-2009.
Fees in Ch.
NR 29, Wis. Adm. Code, have not been updated in 20 years. The proposed rule updates fees for one-time NHI information requests (commonly referred to as Endangered Resources (ER) Reviews) from $20/hour to $75/hour, and reduces the minimum charge from three hours of staff time (currently $60) to one hour of staff time ($75). Wisconsin's proposed $75 minimum fee is low to average when compared to fees charged by other states both nationally and in the Midwest. Fees for providing access to the detailed NHI data via a formal NHI Data License are updated from a minimum of $500 to a minimum of $850, and from a maximum of $1000 to a maximum of $1500. The range in fees allows the Department to provide flexibility in costs for users depending on the format and geographic extent of the data requested.
