This proposed rule will make technical changes (Non-substantive or minor substantive changes) to a number of administrative code chapters administered by DATCP. This rule may make the following technical changes to current rules:
• Update technical standards incorporated by reference in current rules (new editions of technical references cited in current rules).
• Correct erroneous and obsolete citations and cross-references.
• Correct typographical errors.
• Make non-substantive organizational and drafting changes.
• Make other minor changes to current rules to incorporate new statutory language.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
93.07 Department duties
(1) Regulations. To make and enforce such regulations, not inconsistent with law, as it may deem necessary for the exercise and discharge of all the powers and duties of the department, and to adopt such measures and make such regulations as are necessary and proper for the enforcement by the state of chs.
93 to
100, which regulations shall have the force of law.
(12) Plant pests. To conduct surveys and inspections for the detection and control of pests injurious to plants, make, modify, and enforce reasonable rules needed to prevent the dissemination of pests, declare and manage emergencies relating to the detection and control of pests injurious to plants, provided that such declaration does not supersede the authority of the chief state forester under s.
23.114 or the department of natural resources under s.
26.30, and suggest methods of control.
(24) Enforcement of laws. To enforce chs.
88 and
93 to
100 and all other laws entrusted to its administration, and especially:
(a) To enforce the laws regarding the production, manufacture and sale, offering or exposing for sale or having in possession with intent to sell, of any dairy, food or drug product.
(b) To enforce the laws regarding the adulteration or misbranding of any articles of food, drink, condiment or drug.
(c) To inspect any milk, butter, cheese, lard, syrup, coffee, tea or other article of food, drink, condiment or drug made or offered for sale within this state which it may suspect or have reason to believe to be impure, unhealthful, misbranded, adulterated or counterfeit, or in any way unlawful.
(d) To prosecute or cause to be prosecuted any person engaged in the manufacture or sale, offering or exposing for sale or having in possession with intent to sell, of any adulterated dairy product or of any adulterated, misbranded, counterfeit, or otherwise unlawful article or articles of food, drink, condiment or drug.
94.45 Seed Sales. (6) The department shall promulgate rules that establish and enforce the standards for labeling, distribution, sampling, inspecting, analyzing, testing, examination and sale of agricultural seed and vegetable seed.
97.09 Rules. (4) The department may, by rule, establish and enforce standards governing the production, processing, packaging, labeling, transportation, storage, handling, display, sale, including retail sale, and distribution of foods that are needed to protect the public from the sale of adulterated or misbranded foods.
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 estimates that it will use approximately 0.20 FTE staff to develop this rule. That 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. The department will use existing staff to develop this rule.
6. List with Description of all Entities that may be Affected by the Proposed Rule
The proposed technical changes to current rules will not have any impact on persons covered by those rules. There will be no adverse impact on business or local government.
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
Not applicable.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
None.
Contact Person
Kelly Monaghan, Legal Assistant, (608) 224-5023.
Natural Resources
Fish, Game, etc., Chs.
1—
(DNR # FH-02-14, FH-03-14(E))
This statement of scope was approved by the governor on February 14, 2014.
Rule No.
Relating to
Modifications in daily bag limit and minimum size limit in response to tribal harvest.
Rule Type
Permanent and Emergency rules.
1. Finding/Nature of Emergency (Emergency Rule Only)
The Department of Natural Resources (Department) finds that an 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. Pursuant to litigation arising from Lac Courte Oreilles v Voigt,
700 F. 2d 341 (7th Cir. 1983), the six Wisconsin bands of Lake Superior Ojibwe (Chippewa Bands) have the right to take walleye from off-reservation waters using efficient methods such as spearing and netting.
Authority to promulgate an emergency rule under this scope will provide the Department with the flexibility necessary to adjust angler regulations to potentially alleviate and minimize regional social and economic disruption known to be associated with reductions in walleye bag limits on off-reservation waters within the Ceded Territory.
2. Detailed Description of the Objective of the Proposed Rule
The proposed rules would allow emergency and permanent changes for making adjustments to fishing regulations in the Ceded Territory to allow more flexibility in responding to tribal declarations and harvest levels. Currently these regulations are prescribed in ss.
NR 20.18,
20.20,
20.36,
20.37, and
23.055. In particular, the Department may consider comparable alternatives to bag limit adjustments such as size limit or season adjustments.
Additional rule changes may be pursued which are reasonably related to those discussed here.
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 proposed rules would make modifications to portions of chs.
NR 20 and
23, pertaining to sport fishing regulations on inland and border waters of Wisconsin. These changes are proposed to protect and enhance the State's fish resources.
Current administrative code requires the Department to make changes to angler bag limits for walleye in lakes named for harvest by any of the Chippewa Bands. These bag limit adjustments are designed to prevent exceeding 35% exploitation of individual walleye fisheries by joint tribal and angler harvest. Angler bag limit reductions are designed to accommodate the intended amount of tribal harvest.
Factors affecting expected tribal harvest in 2014 and beyond are currently uncertain and the Department requests approval to consider rule alternatives to angling regulations relating to tribal harvest which could better accommodate final declared, expected, or realized tribal harvest levels as they become known for each fishing season.
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 250 hours.
6. List with Description of all Entities that may be Affected by the Proposed Rule
Licensed sport anglers.
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 sport fishing in Wisconsin's waters.
8. Anticipated Economic Impact of Implementing the Rule
The proposed rule change would impact sport anglers. Changes in angling regulations enacted to accommodate declared, expected, or realized tribal harvest could potentially alleviate and minimize regional social and economic disruption known to be associated with reductions in walleye bag limits on off-reservation waters within the Ceded Territory. Exact economic impact of the rule is unknown, but likely minimal impact (less than $50,000 per year) is expected for businesses or business associations.
No additional compliance or reporting requirements will be imposed on small businesses as a result of these rule changes. During rule development, the proposed rule will be available for review and comment at
https://health.wisconsin.gov/admrules/public/Search.
9. Anticipated Number, Month, and Locations of Public Hearings
The Department anticipates holding two public hearings in the month of May 2014. Hearing cities will be: Madison and Wausau. If possible, hearings will be combined for the emergency and permanent rules.
The Department will hold these hearings in these locations to gather input from sport anglers and tribal interests.
Contact Person
Transportation
This statement of scope was approved by the governor on January 24, 2014.
Rule No.
Relating to
Surveying reference station system (height modernization) user fee.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
NA
2. Detailed Description of the Objective of the Proposed Rule
2013 Wisconsin Act 20, the 2013-15 Biennial Budget Act, created s.
85.63, Wis. Stats., which directs the Wisconsin Department of Transportation (DOT) to administer a Surveying Reference Station System program.
The purpose of the Surveying Reference Station System is to make elevation data available to governments, businesses, agricultural users and members of the public in the design, construction and maintenance of highways and related infrastructure, in tracking groundwater and surface water movement, for precise agricultural positioning, and in mapping. Use of the system improves the accuracy of surveying by establishing “heights" using global positioning systems (GPS) technology and modern remote sensing methods. The name “Height Modernization Program" is used to describe the DOT program that creates and operates this system.
2013 Wisconsin Act 20 authorizes DOT to charge a fee for providing access to this system and directs that the fee be established by rule. It provides no direction as to how the fee should be structured. This fee is called the Height Modernization User Fee to maintain consistency with the name of the program that operates the Surveying Reference Station System.
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
DOT has an existing policy of charging users of systems it develops and maintains. For example, state residents pay fees for driver's licenses, vehicle and title registration, and motor carriers pay a variety of license and permit fees. Most of the dollars that come into the transportation fund are directly or indirectly user fees, and the policy of charging a fee for use is well established.
The proposed Height Modernization fee will be a user fee and its creation is consistent, from a policy perspective, with existing practice. Unlike most fees assessed by DOT to transportation users, the law creating this fee specified it be program revenue — it will be assessed only to registered users and the funds generated will be used specifically for maintenance of the surveying reference station system. Because this is specified in law, the Department will not be considering other alternatives.
The Department proposes forming an advisory committee made up of representatives of the groups impacted by the fee. This advisory group will provide information and advice on the structure of the fee and related operational issues, including level of system service.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
2013 Wisconsin Act 20 in Section 1581 creates s.
85.63, Stats., which in turn creates a requirement for DOT to develop a surveying reference system, and by rule, fees to provide access to this system as follows:
s. 85.63 Surveying reference station system. (1) The department shall administer a surveying reference station system consisting of all of the following:
(a) A passive system consisting of a network of monuments located throughout the state that is used to generate latitude, longitude, and elevation data.
(b) An active surveying reference station system consisting of reference stations statewide that continuously transmit global positioning system data to a system server, and the server that receives and processes the data received from the reference stations.
