Rule-Making Notices (Hearing Notices)

Small Business Fiscal Impact

This rule will necessitate the use of the uniform questions and format for application for individual health insurance; however the effect is not significant.

The initial regulatory flexibility analysis is as follows:

Initial regulatory flexibility analysis

Types of small businesses affected:

Insurance agents and intermediaries.

Description of reporting and bookkeeping procedures required:

None. No additional bookkeeping or reporting requirements other than are currently required.

Description of professional skills required:

None. No other professional skills other than are currently required.

Small business regulatory coordinator

The OCI small business coordinator is Eileen Mallow and may be reached at phone number [phone] or at email address [e-mail]

Fiscal Estimate

State fiscal effect

None.

Local government fiscal effect

None.

Long-range fiscal implications

None.

Agency Contact Person

Inger Williams, OCI

Public Information and Communications

Phone:   [phone]

Email:   [e-mail]

Address:   125 South Webster St – 2nd Floor
  Madison WI 53703-3474

Mail:   PO Box 7873, Madison, WI 53707-7873

Notice of Hearing

Natural Resources

Fish, Game, etc., Chs. NR 1—

rulemaking_notices CR 08-022 CR 08-022

(DNR # WM-04-08)

NOTICE IS HEREBY GIVEN that pursuant to ss. 27.01 and 29.089, Stats., the Department of Natural Resources will hold a public hearing on revisions to Chapters NR 10 and 45, Wis. Adm. Code, relating to hunting on department-owned portions of the State Ice Age Trail area. State Ice Age trail area properties and other trails fall under the definition of state parks. Under s. 29.089, Stats., hunting is prohibited in state parks unless authorized by rule. The authority proposed in this rule is necessary in order for hunting to continue on areas where it has been an accepted activity. This proposal would let the department authorize hunting on newly purchased property, without writing individual rules, after considering factors to determine the suitability of that activity. The proposal does not require that hunting be allowed. This rule change gives the department the ability to be significantly more responsive in managing hunting at State Ice Age trail areas.

The rule establishes that hunting may occur during any season established by the department, or that it may occur only during certain deer seasons or at certain times of the year. This proposal clarifies that hunting may be allowed on a portion or all of an Ice Age Trail area property. When new lands are purchased, these decisions will be made upon purchase and evaluated again as part of the master planning process established by administrative rule.

In state parks, possession of loaded or uncased firearms is illegal where hunting is not allowed. This rule creates and exception for crossing, by the shortest route possible, the traveled portion of a trail in a State Ice Age trail area.

Hearings were previously held on this rule order in Fitchburg, Wausau, and Milwaukee. Following those hearings, this proposal has been revised so that it no longer specifically lists unique plant or animal communities, usership patterns, or public safety as criteria to consider when a decision is made to allow hunting. Under the current proposal, considerations to be made are; the size, shape and location of the property as well as surrounding land uses, location of the property adjacent to other lands open to hunting, and the proximity of the trail property to areas developed for residences. As amended, the proposal no longer specifies that an area is open to hunting unless it is posted as closed to hunting.

Hearing Information

The hearing will begin at 6:00 p.m. on the following date at the following location:

July 12, 2010   Glacier Room
  DNR South Central Region Hdqrs.
  3911 Fish Hatchery Road
  Fitchburg

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 [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Copies of Proposed Rule 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. 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 by email to [e-mail] Comments may be submitted until July 14, 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. A personal copy of the proposed rule and fiscal estimate may be obtained from Mr. Loomans.

Small Business Impact

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 [e-mail] or by calling [phone].

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.

Agency Contact Person

Scott Loomans

Phone: [phone]

Email: [e-mail]

Notice of Hearings

Natural Resources

Fish, Game, etc., Chs. NR 1—

rulemaking_notices CR 10-066 CR 10-066

(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 [phone] 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 [e-mail]. 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.