Description of Existing Policies Relevant to the Rule and of New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives
2005 Act 166 promulgated the process to provide an inventory of all forested public lands, identify the forest resources available for management, develop annual allowable harvest levels, and undertake such management within 90% and 110% of those levels. Act 166 further provided a mechanism, through the use of cooperating foresters, to assist the department in establishing timber sales (Wis. Stat. s. 28.05 (3)). What was not provided with these previous provisions was a mechanism and funding source to implement harvest regeneration treatments in managed areas. Regenerating forest lands is a critical component of sustainable forest management, and the department has a commitment and responsibility to ensure state owned forest lands are regenerated. Funds are needed to ensure harvested areas will continue to produce re-occurring forest products and other public benefits within state and certification guidelines.
This rule will include provisions authorizing the department to contract with cooperating foresters and private contractors to conduct artificial and natural forest regeneration activities including site preparation, tree planting, and invasive species control associated with forest regeneration. The rule shall authorize cooperating foresters and private contractors with whom the department contracts under this paragraph to receive a portion of the proceeds from timber harvests on state lands.
In the absence of the new rule the department would rely on gifts, grants, and limited existing regeneration funds to implement regeneration activities on state owned lands. In the event that these funding sources would fall short of regeneration needs, the ability to achieve future desired conditions on state lands will continue to be hampered. In addition, land managers may be apprehensive to manage more complex ecosystems where a quick response of regeneration is required. The new rule will provide assurance that funding will be available to implement forest regeneration activities after harvesting has occurred.
Statutory Authority for the Rule
2011 Act 32, Section 913e., Wis. Stat. s. 28.05 (3) (am), directs the department to, by rule, establish a program that allows cooperating foresters and private contactors to assist the state in regenerating harvested areas of state lands to meet the annual allowable timber harvest established under Wis. Stat. s. 28.025.
Estimate of the Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The department estimates that approximately 170 hours of existing staff time will be needed to develop this new rule. No other additional resources will be needed to develop the rule.
Description of all Entities that may be Affected by the Rule
  Cooperating foresters and private contractors that perform regeneration services
  Forest nurseries that grow seedlings for regeneration
  Companies that sell pesticides used in site preparation, invasive plant control, and tree planting work
  Companies that manufacture or sell equipment used in regeneration services (e.g. sprayers, tree planting equipment, etc.)
  The forest products industry through continued maintenance of managed forests
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 Federal Government provides a similar mechanism on federal lands. The USDA Forest Service utilizes the KV (Knutson-Vandenberg) – BD (Brush Disposal) accounts, which are deductions from timber sales to fund forest regeneration and reduce fire hazard. The USDI Bureau of Indian Affairs utilizes FMD (Forest Management Deductions) under 25. CFR § 163.25 for a similar purpose and method.
Economic Impact
Level 3 – Little to no economic impact expected. A positive economic impact may occur for businesses that provide regeneration services.
Agency Contact Person
Teague Prichard
Bureau of Forest Management
Wisconsin Department of Natural Resources
101 S. Webster Street
P.O. Box 7921
Madison, WI 53707-7921
(608) 264-8883
Natural Resources
Fish, Game, etc., Chs. NR 1
(DNR # ER-27-11)
This statement of scope was approved by the governor on November 14, 2011.
Rule No.
Revises Chapter NR 27.
Relating to
Revision of Chapter NR 27, Wis. Adm. Code, pertaining to the Wisconsin Endangered/Threatened Species list.
Description of the Objective of the Rule
The department is requesting authorization to revise Chapter NR 27, Wis. Adm. Code, pertaining to the Wisconsin Endangered/Threatened (E/T) species list. Since the first list of Wisconsin E/T species was developed in 1972, the list has been revised 10 times. The major list revisions, where greater than 5 species were removed or added, took place in 1978-1979, 1985, 1989, and 1997. While the last major list revision was in 1997, the list has been occasionally revised for individual species: Gray Wolf (delisted in 2004), Bald Eagle (delisted in 2007), Osprey (delisted in 2009), Trumpeter Swan (delisted in 2009), and 4 cave bat species (listed in 2011).
In 2006, the Bureau of Endangered Resources (BER) drafted and the BER Policy Team approved program guidance that lays out the process for reviewing and making recommendations to revise the E/T list. The guidance document recommends conducting a list-wide review at least every 5 years and earlier as needed, based on changes in species population condition. Changes in population condition of species typically occur more frequently than the E/T list is revised, and are reflected in the Natural Heritage Inventory (NHI) Working List and NHI system of global and state rarity ranks. Global and state rarity ranks are assigned to every species following standardized methodology developed by NatureServe, an non-governmental umbrella organization for NHI and similar programs throughout the U.S., Canada, and Latin America. The NHI system of global and state rarity ranks is the primary trigger for initiating a status assessment of a species, which inform the E/T list revision process.
Between January 2010 and August 2011, BER initiated and completed a review of Wisconsin's rare species using the 2006 E/T list revision document as guidance. The review resulted in over 1000 state rarity rank changes and a list of recommended revisions to the E/T species list. Biologists from a variety of state and national agencies, organizations, and universities, as well as naturalists throughout the state with taxonomic expertise provided new or updated information on the population condition and distribution of rare species in the state.
Department biologists focused attention and resources on conducting status assessments on species that are at risk of extirpation in the state and where application of Wisconsin's Endangered Species Law (ESL) would be effective in their protection. Because minimal protection is afforded to plants through Wisconsin's application of the ESL, it was decided that no plants would be proposed for listing at this time regardless of rarity. The process was documented including the creation of a database to capture the recommendations and information provided. Status assessments were conducted and resulted in the following proposed changes to the Wisconsin's E/T list. Also included is a summary statement supporting the E/T list change.
Proposed E/T List Changes
(Format: Common name (Scientific name), current listing status - current state rarity rank)
Proposed Delist (16 species):
Barn Owl (Tyto alba), END - SNA
DELIST: Species has always been edge of range in WI. Not considered a regular breeder in the state.
Bewick's Wren (Thryomanes bewickii), END - SXB
DELIST: Extirpated. Species has not been observed breeding in WI or neighboring states for over 40 years.
Snowy Egret (Egretta thula), END - SNA
DELIST: Species has always been edge of range in WI. Not considered a regular breeder in the state.
Greater Redhorse (Moxostoma valenciennesi), THR - S3
DELIST: Species appears stable in WI. Found consistently in multiple watersheds.
Blanding's Turtle (Emydoidea blandingii), THR - S3S4
DELIST: Species still slightly declining in WI, however large population numbers and wide distribution. Not at risk of extirpation.
Butler's Gartersnake (Thamnophis butleri), THR - S3S4
DELIST: Species appears stable in WI. New information on abundance, range, and hybridization support delisting.
Pygmy Snaketail (Ophiogomphus howei), THR - S4
DELIST: Species appears stable in WI. New populations found using modeling of habitat and targeted surveys.
American Fever-few (Parthenium integrifolium), THR - S3S4
DELIST: Population in WI appears stable. Reproducing well on managed sites.
Bog Bluegrass (Poa paludigena), THR - S3
DELIST: Population in WI appears stable. New records have resulted from inventories.
Canada Horse-balm (Collinsonia canadensis), END - SX
DELIST: Extirpated. Only two native occurrences known in the state. One is presumed extirpated and the other has not been observed for 150 years. Species is conspicuous and easy to identify.
Drooping Sedge (Carex prasina), THR - S3
DELIST: Population in WI stable. Narrow habitat preference, however fairly wide distribution and found regularly in suitable habitat.
Hemlock Parsley (Conioselinum chinense), END - SX
DELIST: Extirpated. Only six native occurrences known in the state. All are presumed extirpated or historical. Species is conspicuous and easy to identify.
Prairie Indian-Plantain (Cacalia tuberosa), THR - S3
DELIST: Population in WI stable to increasing. Has responded well to prairie management.
Snowy Campion (Silene nivea), THR - S2
DELIST: Population in WI appears stable. Able to persist with reed canary grass and in degraded streamside habitats. Species no longer imperiled.
Yellow Gentian (Gentiana alba), THR - S4
DELIST: Population in WI increasing. Most of the population expansion and increases have occurred in old fields.
Yellow Giant Hyssop (Agastache nepetoides), THR - S3
DELIST: Population in WI stable to increasing. Has responded well to savanna management and restoration.
Proposed List (8 species):
Black Tern (Chlidonias niger), SC/M - S2B
LIST - Endangered: Species declining in WI. Surveys indicate declines as much as 36% in recent years and a 78% decline over 30 years. Once reported at 79 sites; found only 7 breeding colonies in 2010.
Kirtland's Warbler (Dendroica kirtlandii), SC/FL - S1B
LIST - Endangered: Species nesting in WI consistently since 2007. Historic records of individuals in the state. Twelve new populations. Global rank is G1 (“critically imperiled").
Upland Sandpiper (Bartramia longicauda), SC/M - S2B
LIST - Threatened: Species declining in WI. Some of the largest in its range. Once reported at 55 sites. May disappear from WI without large blocks of idle and/or grazed grasslands.
Beach-dune Tiger Beetle (Cicindela hirticollis rhodensis), SC/N - S1
LIST - Endangered: Species rare and declining in WI (30%). Once reported from 9-10 sites statewide, however only one known viable population remains.
Ottoe Skipper (Hesperia ottoe), SC/N - S1
LIST - Endangered: Species very rare and declining in WI. Once known to 16 sites; as of 2011 only 4 are extant (a 75% decline since the mid-1990s). Many populations gone rangewide. Very few sites have the size, quality-structure-connectivity to sustain this species.
A Leafhopper (Attenuipyga vanduzeei), SC/N - S1
LIST - Endangered: Species very rare in WI. Only 4 extant populations known. Restricted to the highest quality prairie remnants. Poor dispersal ability and sensitive to management and woody encroachment.
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