These state rules and statutes do not relieve individuals from the restrictions, requirements and conditions of federal statutes and regulations. Regulating the hunting and trapping of native species has been delegated to state fish and wildlife agencies.
Summary of factual data and analytical methodologies
Deer affect nearly every Wisconsin citizen's life in some way. Many of these effects are significant from a recreational, economic, and/or social perspective. There are over 650,000 gun deer hunters and 250,000 bow hunters in Wisconsin. Regulations which require the harvest of an antlerless deer before a buck, called earn-a-buck, have been implemented where necessary to reduce deer populations since 2004. In May of 2009 the department, general public, and members of a committee created by the Natural Resources Board were charged with working together to recommend a deer hunting season structure that could be an effective alternative to earn-a-buck regulations. Acceptable alternatives must be shown to be effective for deer population management and supported by hunters and landowners and able to be evaluated through established benchmarks. The committee's recommended season structures are the basis for construction of this rule proposal.
The committee arrived at its recommendations after evaluating the expected effectiveness of each season component using conservation warden and biologist/wildlife manager input on enforceability and effectiveness, while also taking into consideration the acceptable level of hunter and landowner support needed to ensure participation in herd control seasons. Effectiveness was defined as the ability of a season or incentive to maintain herd populations at or near goal. This includes requiring the ability to allow targeted herd control to reduce over population while also allowing the flexibility to protect from over harvest in units that are at or below goal.
The guidelines for deer management in Wisconsin are established by administrative rule and require consideration of the following criteria; 1) carrying capacity relative to habitat and winter severity, 2) hunter success and public deer viewing opportunities, 3) ecological and economic impacts of deer browsing, 4) disease transmission. 5) concern for deer-vehicle collisions 6) Chippewa treaty harvest, 7) hunter access, 8) ability to keep the herd in a unit at goal, 9) tolerable levels of crop damage.
Small Business Impact
These rules are applicable to individual sportspersons and impose no compliance or reporting requirements for small businesses, and no design or operational standards are contained in the rule.
Pursuant to s.
227.114, Stats., it is not anticipated that the proposed rules will have a significant 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
Summary
The proposed new season framework is a significant modification to the existing structure. The Department already administers hunting seasons for firearm, archery, and muzzleloader hunters, therefore, it is anticipated that the amount of effort and expense that the Department incurs while administering the deer seasons will be similar for the proposed new season framework.
State fiscal effect
None.
Local government fiscal effect
None.
Long-range fiscal implications
None.
Agency Contact Person
Keith Warnke
101 South Webster St. — PO Box 7921
Madison, WI 53707-7921
Phone: (608) 264-6023
Notice of Hearings
Natural Resources
Environmental Protection — Water Supply,
Chs.
NR 800—
NOTICE IS HEREBY GIVEN that pursuant to ss.
280.11 and
281.17 (8), Stats., the Department of Natural Resources will hold public hearings on repealing and recreating Chapters
NR 809 and
811; and creating Chapter
NR 810, Wis. Adm. Code, relating to public drinking water systems.
Hearing Information
The hearings will be held on the following dates and locations:
October 14, Wednesday, 10:00 a.m.
University of Wisconsin—Waukesha, Room C103
1500 N. University Drive, Waukesha, WI 53188
October 21, Wednesday, 1:00 p.m.
University of Wisconsin—Green Bay
Mary Anne Coffrin Hall Room 137 (MAC 137)
2420 Nicolet Drive, Green Bay, WI 54311
October 22, Thursday, 1:00 p.m.
State Natural Resources Building (GEF 2), Room 713
101 South Webster Street, Madison, WI 53703
October 27, Tuesday, 1:00 p.m.
University of Wisconsin—Eau Claire, Old Library 1118
105 Garfield Avenue, Eau Claire, WI 54702
October 28, Wednesday, 10:00 a.m.
UWEX Spooner Northern District Conference Room
702 Front Street, Spooner, WI 54801
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 James McLimans at (608) 266-2726 with specific information on your request at least 10 days before the date of the scheduled hearing.
Submission of Written Comments and Copies of Proposed 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. Lee Boushon, Bureau of Drinking Water and Groundwater, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until November 11, 2009. 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. Boushon.
Analysis Prepared by Department of Natural Resources
Statutory authority
Plain language analysis
The proposal was triggered by changes in the federal Safe Drinking Water Act. The Stage 2 Disinfection Byproduct Rule was promulgated on 1/04/2006 and revises the monitoring locations and compliance calculation methods for disinfection byproducts. The Long Term 2 Enhanced Surface Water Treatment Rule was promulgated on 1/05/2006 and requires increased source water monitoring with new treatment levels associated with the monitoring results. The Groundwater Rule was promulgated on 11/08/2006 and requires that water systems initiate new monitoring and correct significant deficiencies identified during department inspections in order to protect consumers from viruses. The Short Term Revisions to the Lead and Copper Rule were promulgated on 10/10/2007 and changed the monitoring, reporting and public notification requirements related to lead and copper.
In order to maintain primacy for the Safe Drinking Water Act, Wisconsin must adopt all federal requirements under the Act or have requirements that are more stringent than the Act.
In addition to adopting the federal rules, the proposed rules include a requirement for mandatory disinfection at municipal water systems as an enhancement of the federal requirements, updates and clarifications to design standards for community water systems, and creation of a separate administrative rule on operations and maintenance of public water systems in order to improve the usability of the drinking water codes.
The major impact of the rule changes will be related to the Stage 2 Disinfection Byproduct Rule because of the large number of municipal water systems that disinfect (over 500) and the changes to the monitoring requirements and compliance calculations. Additionally, the requirement for mandatory disinfection of all municipal water system will require 71 municipal water systems that do not currently disinfect to do so.
Comparison with federal regulations
The proposed rules will make state regulations compatible with federal regulations, satisfying the primacy requirements of the Safe Drinking Water Act and will update and clarify other state requirements.
Comparison with similar rules in adjacent states
A significant portion of the rule changes are based on changes to the federal rules. The adjacent states are in the process of adopting the federal rule changes. The changes to design standards are not based on federal rule changes. The adjacent states all have design standards based on the “Recommended Standards for Water Works" published by the Great Lakes Upper Mississippi River Board of State Public Health and Environmental Managers. These standards are updated on a 5 year cycle. Wisconsin is represented on the Water Supply Committee for development of the standards. The rule changes for design standards are the same or similar to the published standards. The federal rules do not require mandatory disinfection of groundwater systems. Illinois currently requires disinfection of all community water systems. All of the other adjacent states have mandatory disinfection for community water systems using groundwater based on their vulnerability to contamination by bacteria. All of the adjacent states will be evaluating disinfection at public water systems as part of the federal Groundwater Rule adoption and will be expanding disinfection requirements to systems vulnerable to fecal contamination.
Summary of factual data and analytical methodologies
The bulk of the rule changes are based on federal rule changes, changes to nationally recognized design standards, and clarification or updating comments gathered during a series of stakeholder meetings. The rule change associated with mandatory disinfection of municipal water systems served by groundwater stems in part from the federal Groundwater Rule and in part from research in Wisconsin on virus occurrence, illness related to viruses in drinking water, and the impact of disinfection on reducing viral related illness. The research studies considered were a Wisconsin Water and Health Trial for Enteric Risk (WAHTER) study conducted by the Marshfield Clinic Research Foundation and “An Assessment of Virus Presence and Potential Virus Pathways in Deep Municipal Wells" conducted by the Wisconsin Geological and Natural History Survey. The WAHTER study investigated the relationship between virus occurrence and illness rates in 14 Wisconsin communities using undisinfected and disinfected groundwater. The assessment study evaluated the occurrence of viruses in the deep wells serving the City of Madison. These studies support the following conclusions:
1. Use of alternate parameters, as proposed by the Groundwater Rule, is inadequate to predict virus occurrence or the vulnerability of wells to contamination by viruses.
2. Viruses occur in municipal wells that are not vulnerable using current assessment tools.
3. Illness attributable to viruses is occurring at municipal water systems supplied by groundwater.
4. Disinfection reduces the illness rates attributable to viruses at municipal water systems supplied by groundwater.
It is proposed to require mandatory disinfection of all municipal water systems served by groundwater based on the intent of the Groundwater Rule to reduce illness rates attributable to viruses at groundwater systems and conclusions drawn from a review of studies conducted on viral illness and virus occurrence in Wisconsin.
Analysis and supporting documents used to determine the effect on small business
An analysis of the effect of the proposed rules on small business was not performed since the primarily impacted systems are community water systems serving municipal water systems, which are not small businesses.
Small Business Impact
These rules should not have a significant impact on small business since the water systems operated by small businesses such as taverns and restaurants are already subject to the inspection and deficiency correction requirements included in the rule modifications.
Pursuant to s.
227.114, Stats., it is not anticipated that the proposed rules will have a significant 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
State government fiscal effect
Increase in costs — may be possible to absorb within agency's budget.
Local government fiscal effect
Mandatory increase in costs.
Types of local governmental units affected
Villages, Cities, Sanitary Districts.
Fund sources affected
FED.
Affected Ch.
20 appropriations
DNR fiscal impact
A. Groundwater Rule
1. One-Time Costs
This rule will require the Department to issue and track additional monitoring requirements. This will require modification to the Department's Drinking Water Data System. The Department estimates that this modification will take approximately 100 hours of contract programming time at an estimated hourly rate of $84. Therefore, 100 hours database architect contract programming time x $84/hour = $8,400
2. Annual Costs
