Rule-Making Notices
Notice of Hearings
Natural Resources
Fish, Game, etc., Chs.
NR 1—
(DNR # FH-27-13(E))
NOTICE IS HEREBY GIVEN THAT pursuant to and interpreting sections
29.739 and
29.740, Stats., the Department of Natural Resources will hold a public hearing on creating Chapter
NR 85, Wis. Adm. Code, in emergency rule Order FH-27-13(E), relating to development of a competitive grant program for cities, villages, towns, counties, federally recognized Indian tribes or bands located in this state, and fish farms in order to increase the capacity to raise walleye for stocking in Wisconsin waters.
The hearings will be held on:
Hearing Information
Date: Thursday, December 12, 2013
Time: 1:00 p.m.
Locations: Marathon County Public Library
300 North First Street
Wausau, Wi 54403
Date: Thursday, December 19, 2013
Time: 3:00 p.m.
Locations: Department of Natural Resources
State Office Building
101 S. Webster Street
Madison, WI 53707
Pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Kate Strom Hiorns at (608) 266-0828 with specific information on your request at least 10 days before the date of the scheduled hearing.
Availability of Rules and Submitting Comments
The proposed rule supporting documents may be reviewed and comments electronically submitted at the following internet site:
http://adminrules.wisconsin.gov. A copy of the proposed rules and supporting documents may also be obtained from Kate Strom Hiorns, Bureau of Fisheries Management, P.O. Box 7921, Madison, WI 53707 or
dnrfishrules@wisconsin.gov.
Written comments on the proposed rule may be submitted via U.S. mail or email to Kate Strom Hiorns at the addresses noted above. 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. Comments may be submitted until December 19, 2013.
Analysis Prepared by the Department of Natural Resources
This emergency rule is necessary to implement the grant program associated with the Wisconsin Walleye Initiative (WWI).
2013 Wisconsin Act 20, the 2013-15 state budget, directed the department to create by administrative rule a competitive walleye production grant program and provided $1 million annually in a new, biennial appropriation (total of $2 million for the biennium). In addition, the state budget provided $500,000 in fiscal year 2014-15 for the department to enter into contracts to purchase fish from a local governmental unit, tribe, band, or fish farm for stocking in waters of the state.
Section 1of the rule creates ch.
NR 85, Walleye Production Grants, that includes the following:
• Establishment of rules and procedures for the implementation and administration of a grant program that provides financial assistance to cities, villages, towns, and counties; to federally recognized Indian tribes or bands located in this state; and to private fish farms for increasing a grantee's capacity to raise walleye for stocking in the waters of the state.
•
A list of eligible and ineligible costs for grant program reimbursement.
•
Information required on grant applications and criteria and methods the department will use to determine grant awards.
•
Elements that shall be included in grant agreements.
•
Allowance for amendments from a grant agreement upon written request of the grantee, to require the grantee to maintain grant project records, and to terminate a grant agreement for just cause.
Statutes interpreted
Statutory authority
Explanation of agency authority to promulgate the proposed rules under the statutory authority
2013 Wisconsin Act 20, the 2013-15 state budget, included the following nonstatutory language: The department of natural resources may promulgate emergency rules under section
227.24 of the statutes implementing sections
29.739 and
29.740 of the statutes, as created by this act. Notwithstanding section
227.24 (1) (c) and
(2) of the statutes, emergency rules promulgated for walleye population maintenance and enhancement grants remain in effect until June 30, 2016, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding section
227.24 (1) (a) and
(3) of the statutes, the department is not required to provide evidence that promulgating this rule as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.
Section
29.739, Stats., Grants for walleye production, authorizes the department to establish a grant program for the purpose of increasing a grantee's capacity to raise walleye for stocking in the waters of the state. Grants may be awarded on a competitive basis to cities, villages, towns, and counties; to federally recognized Indian tribes or bands located in this state; and to fish farms. It also requires the department to promulgate rules to implement the grant program.
Section
29.740, Stats., Contracts for walleye production, authorizes the department to enter into contracts with local governmental units, federally recognized Indian tribes or bands located in this state, and fish farms for the purpose of increasing the amount of walleye available for stocking in the waters of the state.
Related statutes or rules.
Section
29.709, Stats., State fish hatcheries. The department may operate state fish hatcheries and may do all of the following:
(1) Breed and propagate fish of such species and varieties as it determines to be of value.
(2) Distribute information regarding the propagation and conservation of fish.
(3) Manage the state fish hatcheries and all other property held by the state for the propagation of fish.
(4) Subject to s.
95.60, receive from any person all fish eggs or fish donated to the state or purchased, and procure, receive, exchange, distribute and dispose of fish eggs and fish.
Plain language analysis of the proposed rule.
This emergency rule is necessary to implement the grant program associated with the Wisconsin Walleye Initiative (WWI). WWI is intended to:
• Expand production of large fingerling walleye at state, private, and tribal fish hatcheries for stocking in waters accessible to the public;
•
Direct management of the State's walleye populations and fisheries through the Statewide Walleye Management Plan, including cooperative efforts and agreements with Indian tribes on walleye harvest in the waters of the Ceded Territory of Wisconsin;
•
Enhance opportunities for federally recognized tribes or bands located in the State to work cooperatively to increase walleye populations across Wisconsin for all users; and
•
Provide the private aquaculture community the opportunity to work closely with the state propagation program to coordinate efforts to rear walleye of the genetic strains and quality needed to maximize the probability of successful walleye fishery development and maintenance.
The department will review and modify existing walleye stocking quotas to rear and stock as many large fingerling walleye from state hatcheries as possible beginning in 2013. It will also update walleye stocking guidance for submitting walleye stocking quotas to achieve new WWI goals and utilize increased production capacity in state and private hatcheries for 2014 and beyond.
2013 Wisconsin Act 20, the 2013-15 state budget, directed the department to create by administrative rule a competitive walleye production grant program and provided $1 million annually in a new, biennial appropriation (total of $2 million for the biennium). In addition, the state budget provided $500,000 in fiscal year 2014-15 for the department to enter into contracts to purchase fish from a local governmental unit, tribe, band, or fish farm for stocking in waters of the state. After emergency rule promulgation, the grant program is expected to accept applications in November and December 2013, make award decisions in January and February 2014, and sign grant agreements in March and April 2014.
Section 1 of the rule creates ch.
NR 85, Walleye Production Grants, that includes the following:
Establishment of rules and procedures for the implementation and administration of a grant program that provides financial assistance to cities, villages, towns, and counties; to federally recognized Indian tribes or bands located in this state; and to private fish farms for increasing a grantee's capacity to raise walleye for stocking in the waters of the state.
A list of eligible and ineligible costs for grant program reimbursement:
•
Section
29.739, Wis. Stats., determines that eligible costs include those associated with building, improving, or repairing:
•
buildings and structures used as fish hatcheries or for fish rearing;
•
fish rearing ponds;
•
wells or water recirculation systems;
•
biosecurity systems to ensure fish health;
•
holding facilities and equipment used for fish brood stock; and
• equipment used for the distribution of fish or for the collection of fish spawn.
•
Ineligible costs include those not directly associated with or not necessary for increasing capacity to raise walleye, including:
•
costs incurred prior to grant approval;
