Scope Statements
Natural Resources
Fish, Game, etc., Chs.
1—
(DNR # FH-13-14 )
The statement of scope was approved by the governor on August 27, 2014.
Rule No.
Relating to
Electronic fish harvest reporting system.
Rule Type
Permanent.
1. Finding / Nature of Emergency (Emergency Rule Only)
Not applicable.
2. Detailed Description of the Objective of the Rule
The department is seeking to amend s.
NR 25.13, Wis. Adm. Code, in order to implement a web-based Electronic Fish Harvest Reporting System (EFHRS) for licensed commercial fishers of the Great Lakes.
The current s.
NR 25.13 (5), Wis.Adm. Code, directs commercial fishers to use a discontinued, obsolete EFHRS and is not applicable to the next generation EFHRS under development. The revised rules will create the necessary procedures and direct the commercial fishers to use the new EFHRS for recording and reporting all elements of their commercial catch. Recognizing that a small percentage of the commercial fishers may not own computers or may not be comfortable with electronically submitting their daily fishing activity reports, the department will allow these commercial fishers to continue reporting with the current biweekly paper system until they decide to retire from the industry or become comfortable with use of the new technology.
Additional rule changes may be pursued which are related to implementation of a new EFHRS.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
The development of an EFHRS was the cornerstone of June 2000 Commercial Fisheries Task Force recommendations and the subsequent revisions of Wisconsin's commercial fishing laws. The overall goal was to improve compliance with Wisconsin's commercial fishing regulations and enhance the management of the Great Lakes fisheries resources.
During the Task Force meetings, subsequent legislative hearings, and Natural Resource Board proceedings, the department made the commitment to create and implement an EFHRS with specific objectives to:
1)
Enhance law enforcement: Provide DNR law enforcement staff with reported catch weights within 24 hours of harvest to facilitate monitoring of commercial fishers for compliance with fish harvest quotas and reporting requirements.
2)
Streamline business processes: Streamline required reporting processes and reduce the paperwork burden for both the commercial fishers and the department (the commercial fishers would be entering, proofing and certifying all of their own daily commercial fishing activity data).
Section
NR 25.13, Wis. Adm. Code, directed all commercial fishers to file their daily fishing activity reports electronically by July 1, 2010, at which time the paper reporting system was expected to be discontinued. However, the department was unable to develop the expected EFRHS, resulting in commercial fishers continuing to report their daily fishing activities via the biweekly paper reporting system described in s.
NR 25.13 (2) and
(3), Wis. Adm. Code.
At the beginning of the initial EFHRS project development, both Department of Administration (DOA) and Department of Natural Resources (DNR) information technology requirements prohibited non-DNR computers from connecting to and submitting data directly to the DNR network. This restriction coupled with severe budgetary constraints forced the department to attempt development of a stand-alone, non-state network connected computer system utilizing available, obsolete technology. It was evident during 2012 field tests with Lake Superior and Lake Michigan commercial fishers that this original EFHRS system did not streamline business processes, reduce paperwork or save either the commercial fishers or the department time in completing and processing the required daily fishing activity reports. In August 2012, the decision was made to discontinue the EFHRS project due to identified inefficiencies and obsolete technology (both hardware and software that were no longer supported). As a result, the commercial fishers have continued to use the biweekly paper reporting system for recording all elements of their Great Lakes commercial fish catch.
Multiple commercial fishers have indicated that they would prefer a web-based reporting system that would allow them to utilize their own computers and high speed internet connections for filing fishing reports. A federal grant has been obtained through the U.S. Fish and Wildlife Service to develop a new web-based EFHRS that will allow Great Lakes commercial fishers to electronically submit their daily fishing activity reports directly to the department via their own computers — and eventually smart phones — utilizing their high-speed Internet carriers. The department expects the new web-based EFHRS to be completed by November 30, 2014.
The proposed rule would implement commercial fishing reporting procedures for a web-based electronic fish harvest reporting system that utilizes current technology and meets recommendations requested by the commercial fishing industry in the June 2000 Commercial Fisheries Task Force.
The alternative is to repeal s.
NR 25.13 (5), Stats., and continue to only use the inefficient biweekly paper reporting system of ss.
NR 25.13 (2) and
(3), Wis. Adm. Code.
4. Detailed Explanation Of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
29.014 (1), Stats., directs the department to establish and maintain conditions governing the taking of fish that will conserve the fish supply and ensure the citizens of this state continued opportunities for good fishing.
Section
29.041, Stats., provides that the department may regulate fishing on and in all interstate boundary waters and outlying waters.
Section
29.519 (5) (b), Stats., requires each commercial fisher to maintain and submit records to the department on their daily fishing activities in the form and manner required by the department.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
Approximately 150 hours.
6. List with Description of all Entities that may be Affected by the Proposed Rule
The rule would affect licensed commercial fishers on Lake Michigan (65 licenses) and Lake Superior (10 licenses).
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
The department is not aware of any existing or proposed federal regulation that would govern commercial fishing in Wisconsin's waters.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact in Small Businesses)
No economic impact is anticipated as a result of this rule change. If a commercial fisher does not own or have ready access to an Internet connected computer, they will be allowed to continue reporting via the existing biweekly paper reporting system. The proposal will update rule language on how commercial fishing electronic harvest reports may be made. No harvest quota or fishing effort changes will be included in the rule.
9. Anticipated Number, Month, and Locations of Public Hearings
The department anticipates holding two public hearings in early 2015. The hearings will be held in Green Bay and Bayfield.
The department will hold the hearings in these locations to gather potential comments from Great Lakes commercial fishers who fish Wisconsin waters of Lake Michigan and Lake Superior.
Contact Person
Kate Strom Hiorns, (608) 266-0828 or Tom Hansen, (920) 662-5438
Natural Resources
Fish, Game, etc., Chs.
1—
(DNR # FH-12-14 )
The statement of scope was approved by the governor on August 27, 2014.
Rule No.
Relating to
Minor changes to fisheries administrative code (“housekeeping").
Rule Type
Permanent.
1. Finding / Nature of Emergency (Emergency Rule Only)
Proposed as permanent rule.
2. Detailed Description of the Objective of the Proposed Rule
The proposed rule addresses minor changes to administrative code relating to the regulation of fishing. The rule is being pursued to ensure the rule language that governs fishing in inland, outlying, and boundary waters is accurate and properly reflects the desired management of Wisconsin waters. The objectives are to:
• remove sections of code that are outdated or have been replaced by other statute or code changes,
• correct errors that occurred during the drafting of rules, and
• add or repeal language to clarify intent of original rules.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
The following table lists the expected changes in the proposed rule at the time that this scope statement is written. Additional rule changes that arise before the drafting of the rule may be considered that are related to the objectives above.
-
See PDF for table 
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
29.014 (1), Stats., directs the department to establish and maintain conditions governing the taking of fish that will conserve the fish supply and ensure the citizens of this state continued opportunities for good fishing.
Section
29.041, Stats., provides that the department may regulate fishing on and in all interstate boundary waters and outlying waters.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
Approximately 150 hours.
6. List with Description of all Entities that may be Affected by the Proposed Rule
The proposed rule will have minimal impact on members of the public. As with any change in regulations, there will be a requirement for anglers to learn the new rules. However, a majority of this rule change clarifies code to reflect existing policies for which anglers must already comply. The Fisheries Management Bureau works to notify the public of new regulations via press releases, the internet, and fishing regulations pamphlets.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
Authority to promulgate fishing regulations is granted to states. None of the proposed changes violate or conflict with federal regulations.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact in Small Businesses)
It is not expected that there will be any economic impact directly related to these rule changes. The Department will conduct an economic impact analysis to determine if any individuals, businesses, local governments, or other entities expect to be adversely affected economically. The proposed rule does not impose any compliance or reporting requirements on small businesses nor are any design or operational standards contained in the rule.
9. Anticipated Number, Month, and Locations of Public Hearings
The Department anticipates holding one public hearing in the month of January, 2015, in Madison.
The rule includes minor changes to fishing regulations and is not expected to be controversial.
Contact Person
Kate Strom Hiorns, Fisheries Policy Specialist, 608-266-0828.
Transportation
The statement of scope was approved by the governor on September 4, 2014.
Rule No.
Relating to
Discretion in enforcement of rule violations by small businesses.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A
2. Detailed Description of the Objective of the Proposed rule
This rule will comply with the requirements of s.
227.04, Stats., as affected by
2013 Wisconsin Act 296, which requires each state agency to "promulgate a rule that requires the agency to disclose in advance the discretion that the agency will follow in the enforcement of rules and guidelines against a small business that has committed a minor violation."
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
2013 Wisconsin Act 296 requires state agencies to promulgate a rule that discloses in advance, the discretion that the state agency will follow in the enforcement of rules against a small business that commits a minor violation of a rule. Under the Act, “small business" means a business entity, including its affiliates, which is independently owned and operated and not dominant in its field, and which employs 25 or fewer full-time employees or which has gross annual sales of less than $5,000,000. “Minor violation" means a rule violation that does not cause serious harm to the public, is committed by a small business, and the violation is not willful, the violation is not likely to be repeated, there is a history of compliance by the violator, or the small business has voluntarily disclosed the violation.
A rule promulgated under the Act must specify the situations in which discretion in enforcement will be allowed. In promulgating the rule, the state agency must consider a number of criteria for allowing discretion in the enforcement of a rule or assessment of a penalty for a minor violation, including the following:
• The difficulty and cost to a small business of complying with a rule.
• The financial capacity of the small business, including the ability of the small business to pay the amount of the possible penalty.
• The compliance options available.
• The level of public interest and concern.
• The opportunities available to the small business to understand and comply with a rule.
• Fairness to the small business and to others, including competitors and the public. Under the Act, each state agency must document every instance that it utilizes discretion in penalizing a business for a minor rule violation. Furthermore, each state agency must maintain records of those instances for at least five years.
The Act also specifies that a state agency may not exercise discretion in enforcing the following types of rule violations:
•
Minor violations involving a small business that has violated the same rule more than three times in the past five years.
•
Minor violations that result in a substantial economic advantage for the small business.
•
Minor violations that may result in an imminent endangerment to public health or safety.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Sections
227.04 (2m) (a), Stats., directs the department to promulgate a rule by which the agency discloses in advance the discretion the agency will follow in the enforcement of rules against a small business that has committed a minor violation, including the reduction or waiver of penalties for a voluntary disclosure of actual or potential violations of rules by a small business.
Section
227.04 (2m) (b), Stats., directs the department to specify the situations in which the agency will allow discretion in the enforcement of a rule against a small business that has committed a minor violations, and the criteria to be used for allowing discretion in the enforcement of the rule and the assessment of a penalty, including a forfeiture, fine or interest.
Section
227.04 (3), Stats., requires the department to provide assistance to small businesses to help small businesses comply with the rules promulgated by the agency, including the establishment of methods to encourage the participation of small businesses in rulemaking under s.
227.114 (4), Stats. Section
227.04 (3), Stats., also requires the department to consider the appropriateness of written warnings, reduced fines, or alternative penalties if the small business has made a good faith effort to comply with the rule, and the violation does not pose a threat to health, safety, or welfare.
Section
227.04 (4), Stats., requires the department to fully document every instance in which it utilized discretion in penalizing small businesses, including the reasons for its decision. The department is required to keep records of those instances on file for no fewer than 5 years.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The Department of Transportation (“DOT") estimates that it will use approximately 500 hours (0.25 FTE staff) to develop this rule. This includes time required for investigation and analysis, rule drafting, preparing related documents, coordinating advisory committee meetings, holding public hearings and communicating with affected persons and groups. DOT will use existing staff to develop this rule.
6. List with Description of all Entities that may be Affected by the Proposed Rule
DOT administers approximately 125 chapters of administrative rules on a variety of disparate topics, making it difficult to exhaustively list all of the entities that might be affected by this rule. In general, the rule may produce an economic benefit for small businesses that commit minor violations of DOT regulations when discretion is exercised to forego formal sanctions or to seek reduced sanctions. Small businesses that comply with administrative rules, large businesses, and individuals, are not directly affected by the rule, but as a result of the rule may be comparatively disadvantaged to small business violators to the extent that those other parties continue to incur costs for regulatory compliance efforts, or suffer competitive disadvantages as result of the small business violations.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
There is no known existing or proposed federal regulation that is intended to address the activities to be regulated by this rule. This rule is required by
2013 Wisconsin Act 296.
8. Anticipated Economic Impact
This rule will not increase any costs for businesses. The rule may produce an economic benefit for small businesses that commit minor violations of DOT regulations when discretion is exercised to forego formal sanctions or to seek reduced sanctions. The rule may have a corresponding disadvantage for small businesses that comply with administrative rules, to the extent that the non-violating business incurs compliance costs or suffers competitive disadvantage as result of the excused violation. This rule could create a modest disincentive to comply with regulations, or allow small businesses to realize a market share gain as a result of an unenforced rule violation. DOT will attempt to structure the rule in a manner that does not create an economical disadvantage for those businesses that comply with administrative rules.
Contact Person
Paul E. Nilsen, Assistant General Counsel, Department of Transportation, Office of General Counsel; Phone (608) 266-8810
Transportation
The statement of scope was approved by the governor on September 4, 2014.
Rule No.
Relating to
Transportation of school children.
Rule Type
Permanent.
Description of the Objective of the Rule
The stated purpose of this rule is to promote the safe transportation of pupils and other authorized persons in school buses, as defined in s.
340.01 (56) Stats. In addition, ch.
Trans 300 provides specific safety-related standards regarding the design, construction, inspection, and operation of school buses and provides for differing standards for vehicles of varying size and configuration
2013 Wisconsin Act 96 authorized the use of flashing amber lights on school buses before stopping to load or unload students, in addition to flashing red lights. Existing administrative rules do not recognize the use of flashing amber lights, and require the use of only flashing red lights.
Current rules set standards for flashing light assemblies that conflict with national industry standards for new flashing light systems. This rulemaking will update administrative rules to reflect the best practices and manufacturing standards established by industry regarding this lighting system. It appears that several updates to existing rules are necessary to allow the use of technological improvements and equipment requirements that have become accepted practices in the school bus industry. Enhancements to the employer and driver pre-trip reporting requirements will require documentation to include electronic reporting, a system which will improve efficiency.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Some of the proposed revisions relate to:
•
Trans 300.81 Authorized Optional Equipment — Mounting of video and audio recorders
•
Trans 300.81 Authorized Optional Equipment — Authorized optional equipment (e.g. navigation and passenger detection devices; laptop computers; theft detection devices; storage containers, AED's, blood born pathogen kits, hand sanitizer)
•
Trans 300.39 Emergency Exits and Trans 300.61 Signs and Lettering — Interior and exterior lettering, adding optional and required lettering
•
Trans 300.40
Exhaust System and
49 CFR 393.83 Exhaust System — Additions to the exhaust system requirements to better define acceptable locations of exhaust discharge and maintenance.
•
Trans 300.54 Lights, Lamps and Reflectors and SAE Standard J 887 — Changes to lighting, lamps and reflector requirements. We intend to develop regulations regarding the eight-light warning system, establish a time frame for implementation, clarify flash rate of a strobe warning light and develop language for background color of an eight-light warning system.
•
Trans 300.34 Color — Changes in color and trim color requirements. We intend to remove paint requirements for rub rails and stop arm brackets, and intend to include a black background for back-up lamps. Intend to allow white roof tops as an optional feature.
•
Trans 300.16 (8) and (9) referencing loading stations, Wis. Stat. ss. 348 referencing vehicle requirement to stop for school bus flashing lights, Wis. Stat. ss 349.21 authority to regulate school bus warning lights — changes in warning light activation to an eight-light system.
•
Trans 300.15 Employer Requirements and Trans 300.16 Employee Requirements — Clarify pre-trip inspection and add responsibility requirements for employer and driver, also clarify reporting requirements.
•
Trans 300.59 Seating and Federal Motor Vehicle Safety Standards 222 — Safety belt installation, require compliance with FMVS222 for voluntary safety belt installation.
•
Trans 300.30 Book Racks — Specify location of book racks.
Each of these items has been improved by the school bus equipment industry since the promulgation of Trans 300. Many of these improvements do not conform to the code requirements. Policy alternatives are to disregard these equipment and practice changes, or to modernize the code to allow the use of improved equipment or practices.
Detailed Explanation of Statutory Authority for the Rule, Including the Statutory Citation and Language
Wis Stats., ss.
85.16 (1),
227.11 (2),
110.06( 2), 110.064 (1) (b), 346.48, 346.51 (1) (a), 347.25 (2), 347.40 (2), 347.44, 347.445, 347.447.
Summary And Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
The changes being proposed will conform to any federal regulations that exist in Title 49, Code of Federal Regulations, and to satisfy the Department's safety compliance review completed by FMCSA, as well as applicable industry standards in the Society of Automotive Engineers reference manual.
Description of all of the Entities that may be Affected by the Rule
Wisconsin-based school buses, school districts, school bus operators, school bus manufacturers, general motoring public, pupils and law enforcement will be affected by these changes.
Estimates of the Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
200 hours.
Contact Person
Captain Brian Ausloos, 608-267-3622.
