Filed with LRB:
September 14, 2012
Publication Date:
October 1, 2012
Effective Dates:
October 1, 2012 through the date on which the permanent rules take effect, as provided in
2011 Wisconsin Act 169, section
21.
emergency_rules EmR1320
3. EmR1320 (DNR # FH-27-13(E)) — The Wisconsin Natural Resources Board proposes an order to create
Chapter NR 85, 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.
This rule was approved by the Governor on November 8, 2013.
The statement of scope for this emergency rule, SS
104-13, was approved by the Governor on August 12, 2013, published in
Register No. 692 on September 1, 2013 (August 31, 2013), and approved by the Natural Resources Board on September 25, 2013.
Finding of Emergency — Exemption
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.
Filed with LRB:
November 14, 2013
Publication Date:
November 21, 2013
Effective Dates:
November 21, 2013 through June 30, 2016, or the date on which permanent rules take effect, whichever is sooner.
Hearing Date:
December 12, 2013 and
December 19, 2013
emergency_rules EmR1405
4. EmR1405 (DNR # WM-24-13(E)) — The Wisconsin Natural Resources Board proposes an order to repeal sections
NR 10.01 (3) (ed), (es) 3., and (et), 10.07 (3), 10.09 (2), 10.28 (3), and 45.09 (9), to amend
sections NR 1.15 (1) (a), (b), and (c) 1., (2) (a) (intro.) and (at), and (3), 10.001 (2e), (6p), and (19e), 10.01 (3) (es) 1. and 2. and (3) (ev), 10.02 (3), 10.06 (8) (b) and (note), 10.07 (2m) (b) 1., 10.102 (1) (e) 4., 10.105 (1), (2), (4,) and (7), 10.106 (intro.) and (1), 12.06 (1), (2), and (4), 12.16 (4), 13.38 (2) (b) and (Note), and 19.60 (2) (b) 1., to repeal and recreate
sections NR 1.15 (2) (a) 8., 10.01 (3) (e) and (em), 10.104, 10.106 (2), 10.28 (1) and (2), 10.28 (4), and 10.41, and to create
Chapter NR 10 (Title.) and sections NR 10.001(1k) and (23a) and (b), 10.01 (2) (b) (Note) and (4) (dm) (Note), and Subchapter II, relating to deer management, hunting, and implementation of the 2012 White-tailed Deer Trustee Report.
This emergency rule was approved by the Governor on February 10, 2014
The statement of scope for this rule, SS
098-13, was approved by the Governor on July 23, 2013, published in
Register No. 692, on August 14, 2013, and approved by the Natural Resources Board on September 25, 2013.
Finding of Emergency
A non-statutory provision, SECTION
9132 of
2013 Act 20, establishes that the department may promulgate rules to implement the 2012 final deer management report and that the department is not required to make a finding of emergency.
Filed with LRB:
February 25, 2014
Publication Date:
March 7, 2014
Effective Dates:
March 7, 2014 through
June 30, 2015
emergency_rules EmR1409
5. EmR1409 (DNR # FH-03-14(E)) — The Wisconsin Natural Resources Board proposes an order to amend
sections NR 20.36 (2) and 23.055 (2), relating to modifications in daily bag limits and minimum size limits in response to tribal harvest.
This emergency rule was approved by the Natural Resources Board on May 28, 2014, and by the governor on June 6, 2014.
The statement of scope for this rule was approved by the governor on February 14, 2014, published in
Register No. 698 on February 28, 2014, and approved by the Natural Resources Board on March 19, 2014.
Statement of Emergency
This emergency rule is needed to promote the preservation and protection of public peace, health, safety, and welfare in the Ceded Territory of Wisconsin by minimizing regional social and economic disruption known to be associated with reductions in walleye bag limits on off-reservation waters.
Filed with LRB:
June 16, 2014
Publication Date:
June 14, 2014
Effective Dates:
June 14, 2014 through
November 10, 2014
Hearing Date:
July 14, 2014 and
July 16, 2014
This emergency rule was approved by the Governor on June 25, 2014.
The statement of scope for this rule, SS
124-13, was approved by the governor on September 20, 2013, published in
Register No. 694, on October 14, 2013, and approved by the Natural Resources Board on December 11, 2013.
Finding of Emergency
The emergency rule procedure, pursuant to s.
227.24, Stats., is necessary and justified to preserve the public welfare and interest in ensuring a sustainable population of Blanding's turtles. The Blanding's turtle is proposed for delisting from the State's Threatened Species list per administrative rule ER-27-11, which is expected to take effect as early as December 2013. Although the Blanding's turtle no longer meets the scientific criteria for listing, the Department feels that the population is nonetheless too vulnerable to survive the threat of harvest and collection, and believes emergency rules are needed to ensure a proper recovery before these activities are permitted.
All turtles not listed as threatened or endangered in ch.
NR 27 or as otherwise specified have a 135-day open season (July 15-November 30) during which members of the public may capture and possess up to 5 individuals [s.
NR 19.275 (4),
21.13 (4) and
22.13 (4)] per day. Permanent rule-making to protect Blanding's turtles from this harvest will not go into effect until after the 2014 open season for turtles is already underway. An emergency rule is therefore necessary to prevent the harvest and possession of Blanding's turtles during the 2014 open season until the permanent rule goes into effect.
The anticipated impact of collection and harvest to Blanding's turtle conservation and recovery in the state necessitates putting the emergency rule into effect during the 2014 open season for turtles while the agency complies with the permanent rule-making procedures.
Filed with LRB:
July 10, 2014
Publication Date:
July 13, 2014
Effective Dates:
July 13, 2014 through
December 9, 2014
Hearing Date:
August 27, 2014
The rule was adopted by the Natural Resources Board on June 25, 2014, approved by the Governor on August 27, 2014, and signed by Policy Director Michael L. Bruhn for Secretary Cathy Stepp, also on August 27, 2014.
The statement of scope for this rule, SS
020-14, was approved by the Governor on March 10, 2014, published in
Register No. 699, on March 31, 2014, and approved by the Natural Resources Board on May 27, 2014.
Statement of Emergency
The emergency rule procedure, pursuant to s.
227.24, Stats., is necessary and justified in establishing rules to protect the public welfare. The federal government and state legislature have delegated to the appropriate agencies rule-making authority to control the hunting of migratory birds. The State of Wisconsin must comply with federal regulations in the establishment of migratory bird hunting seasons and conditions. Federal regulations are not made available to this state until late July of each year. This order is designed to bring the state hunting regulations into conformity with the federal regulations. Normal rule-making procedures will not allow the establishment of these changes by September 1. Failure to modify our rules will result in the failure to provide hunting opportunity and continuation of rules which conflict with federal regulations.
Filed with LRB:
August 28, 2014
Publication Date:
September 1, 2014
Effective Dates:
September 1, 2014 through
January 28, 2015
Hearing Date:
October 29, 2014
This rule was approved by the Governor on August 27, 2014.
The statement of scope for this rule, SS
020-14, was approved by the Governor on March 10, 2014, published in
Register No. 699, on March 31, 2014, and approved by the Natural Resources Board on May 27, 2014.
Finding of Emergency
The emergency rule procedure, pursuant to s.
227.24, Stats., is necessary and justified in establishing rules to protect the public welfare. The federal government and state legislature have delegated to the appropriate agencies rule-making authority to control the hunting of migratory birds. The State of Wisconsin must comply with federal regulations in the establishment of migratory bird hunting seasons and conditions. Federal regulations are not made available to this state until late July of each year. This order is designed to bring the state hunting regulations into conformity with the federal regulations. Normal rule-making procedures will not allow the establishment of these changes by September 1. Failure to modify our rules will result in the failure to provide hunting opportunity and continuation of rules which conflict with federal regulations.
Filed with LRB:
September 8, 2014
Publication Date:
September 11, 2014
Effective Dates:
September 11, 2014 through
February 7, 2015
Hearing Date:
October 29, 2014
emergency_rules EmR1420
9. EmR1420 (DNR # WM-05-14(E)) — The Wisconsin Natural Resources Board proposes an order to repeal section
NR 10.001 (2e), 10.09 (1) (c) 1. e. and (Note); to amend
sections NR 10.06 (5), 10.06 (8) (a) and (b), 10.07 (1) (b) 3., 10.07 (2m) (g) 2., 10.09 (1) (c), 10.09 (3), 10.10 (2), 10.11 (5) (a), 10.103 (1), 10.104 (7), 10.104 (9r), 10.15 (1) (a), 10.15 (6), 10.16 (Intro.), 10.16 (2), 10.22 (1), 10.23 (2) (a), 10.24 (2), 10.25 (4) (a), 11.042 (intro.), 11.043 (intro.), 11.11 (intro.), 12.16 (4), 15.01 (intro.), 15.015 (intro.), 15.10 (1) (intro.) and 15.12 (intro.), 45.09 (1), and 45.13 (18), (21), and (24); and to create
sections NR 10.01 (3) (em) (Note) and (3) (ep), 10.104 (7) (c), 10.15 (3m), and 10.16 (2m), related to establishing a season for hunting deer with crossbows-only.
This rule was approved by the governor on September 8, 2014.
The statement of scope for this rule, SS
018-14, was approved by the Governor on March 10, 2014, published in
Register No. 699, on March 31, 2014, and approved by the Natural Resources Board on May 27, 2014.
Finding of Emergency
The department is not required to make a finding of emergency before promulgating these rules. The department is directed to promulgate these rules in
2013 Act 61 and is exempted from making a finding of emergency under non-statutory provisions of the ACT.
Filed with LRB:
September 9, 2014
Publication Date:
September 12, 2014
Effective Dates:
September 12, 2014 through
February 8, 2015
Hearing Date:
October 29, 2014
This emergency rule was approved by the Governor on September 10, 2014.
The statement of scope for this rule, SS
056-14, was published in
Register No. 702, on June 14, 2014 and approved by the Natural Resources Board at its June 25, 2014 meeting.
Finding of Emergency
The department is not required to make a finding of emergency before promulgating these rules. The department is directed to promulgate these rules in s.
29.040 Stats., established by 2013 ACT 20 and is exempted from making a finding of emergency under non-statutory provisions in Section 9132 of the ACT.
Filed with LRB:
September 15, 2014
Publication Date:
September 19, 2014
Effective Dates:
September 19, 2014 through
February 15, 2015
Hearing Date:
October 29, 2014
Natural Resources
Environmental Protection — General, Chs.
NR 100—
emergency_rules EmR1417
EmR1417 (DNR # OE-10-14(E)) — The Wisconsin Natural Resources Board proposes an order to repeal
sections NR 150.10 (1m) (b) and 150.20 (3) (a) 4. and 5.; to amend
sections NR 150.03 (1), (15) (intro.), (19), (25), and (26), 150.10 (1) and (1m) ( a), (c) (intro.), and (2) (a), 150.20 (1), (1m) (j), (k), and (L), (2) (a) (intro.), 4., 10., 11., and 16., (3) (a) (intro.), and (4) (b) (intro.), and 150.35; and to create
section NR 150.20 (1) (Note), (1m) (k) (Note), (m) to (y), and (2) (a) 20. to 27., relating to the department's environmental analysis and review procedures under the Wisconsin Environmental Policy Act.
The emergency rule was adopted by the Natural Resources Board On August 13, 2014, approved by the Governor on August 27, 2014 and signed by Policy Director Michael L. Bruhn for Secretary Cathy Stepp, also on August 27, 2014.
The scope statement number is SS
051-14. The governor approved the scope statement on May 15, 2014, and the scope statement was published in register No. 701 on May 31, 2014.
Finding of Emergency
Significant revisions to ch.
NR 150 became effective on April 1, 2014. The changes proposed are needed to clarify procedures for the review and analysis of new administrative rules and other actions and policies to assure that the intent of the recent revisions to ch.
NR 150 is being met and potential procedural questions do not invalidate years of work and public engagement. Additionally, the changes will clarify the intent of the April 1, 2014 revisions for procedures for WEPA compliance determinations, publication requirements, and plan approvals for various actions and policies, to prevent any misunderstandings or resulting challenge or delay regarding that intent.
The emergency rule procedure, pursuant to s.
227.24, Stats., is necessary to allow timely processing and implementation of department rule proposals, actions, and policies. Preservation of the public welfare necessitates putting the forgoing rule into effect prior to the time that it would take if the Department complied with normal rule promulgation procedures.
Filed with LRB:
August 28, 2014
Publication Date:
August 31, 2014
Effective Dates:
August 31, 2014 through
January 27, 2015
Hearing Date:
September 26, 2014
Public Instruction
