To keep the incidental harvest of lake trout within acceptable limits, commercial gill netting for chubs is limited to prescribed areas. This rule will expand areas open to chub fishing during the winter season (January 15 through the end of February). The expansion of fishing areas during winter will allow more chubs to be harvested with less effort and less risk. The incidental harvest of lake trout will increase somewhat. The rule will limit some changes to two years, allowing further study of the biological implications of the changes, before permanent changes are adopted.
This rule will affect commercial fishers directly and sport fishers indirectly. It will be controversial.
The proposed rule change does not reflect a fundamental change in policy. It modifies current geographic limitations on where commercial fishing for chubs can take place during the winter fishing period (January 15 through the end of February).
Explain the facts that necessitate the proposed change:
The rule will expand commercial fishing opportunities. Changes to the northern chub fishing zone adopted by the NRB in 1996 limited chub fishing in the Northern Chub Fishing Zone and the closure of the Lake Michigan yellow perch fishery in 1996 sharply limited fishing opportunities for a number of commercial fishers.
Statutory authority:
Sections 29.085, 29.174 (3), 29.33 (1) and 227.11 (2) (a), Stats.
Staff time required:
The anticipated time commitment is 47 hours. Two open public meetings have been held to discuss these issues. Two hearings will be held in October, 1997: one in the Sturgeon Bay area and the other in the Milwaukee area.
Natural Resources
Subject:
NR Code - Fishing, hunting and trapping regulations.
Description of policy issues:
This action represents a change from past policy.
Explain the facts that necessitate the proposed change:
The Department is initiating the annual rule development cycle for the 1998 spring fish and wildiife hearings. We anticipate proposing changes to existing Wisconsin Administrative Code. These proposals will come before the Natural Resources Board in January, 1998 for approval to hold public hearings, to be held in conjunction with the Conservation Congress Spring meetings in April, 1998. The effective dates of these rules, if promulgated, will vary depending on the urgency and program timelines.
Statutory authority:
Section 29.174, Stats.
Staff time required:
The anticipated time commitment is 342 hours. Seventy-two hearings will be held in April, 1998 in every county.
Natural Resources
Subject:
Chapter NR 102 - To upgrade the classification of 5 waterbodies from Fish & Aquatic Life to Outstanding Resource Water status.
Description of policy issues:
Description of policy issues to be resolved, including groups likely to be impacted or interested in the issue:
There was significant public support to reclassify the Willow Flowage as well as several other flowages in northern Wisconsin as Outstanding Resource Waters (ORW) in the last round of nominations that went to the Natural Resources Board in October 1992. The same groups that were interested in the reclassification of these waters in 1992-93 are likely to be interested again. These groups include:
❍ Environmental and conservation organizations;
❍ The Tribes;
❍ The counties;
❍ Wisconsin Association of Manufacturers and Commerce; and
❍ Noranda Minerals.
This action does not represent a change from past policy.
Statutory authority:
Section 281.15, Stats.
Staff time required:
The anticipated time commitment is 280 hours. Two hearings will be held in October 1997 in Rhinelander and Superior.
Natural Resources
Subject:
Chapter NR 108 - Modifications to review procedures for fast-track sewer extensions and “minor” industrial projects.
Description of policy issues:
Description of policy issues to be resolved, include groups likely to be impacted or interested in the issue:
Item #1. The Bureau of Watershed Management needs to modify or eliminate fast-track plan review of municipal sewer extension and lift station construction projects. The following issues need to be addressed as part of this effort:
○ The current electronic tracking system used for all plan approvals (including the fast-track system) needs to be replaced to increase the usefulness and efficiency of the system.
○ Municipal conformance with regulatory restrictions that are associated with the fast-track sewer extension and lift station review process (conformance with code requirements, assurance that the necessary permits and approvals are received from other Department or regional planning agencies, and minimization of environmental impacts) needs to be continued.
Item #2. The Bureau of Watershed Management will be evaluating whether plan review activities related to certain “minor” industrial projects can be modified or eliminated.
This action represents a change from past policy.
Explain the facts that necessitate the proposed change:
Item #1. Staffing and budgetary constraints require that the Bureau of Watershed Management address workload associated with fast-track sewer extensions.
Item #2. Staffing constraints and workload priorities are necessitating that the Bureau of Watershed Management evaluate the need for continued review, as currently required by ch. NR 108, Wis. Adm. Code, of “minor” industrial projects.
Statutory authority:
Section 281.41, Stats.
Staff time required:
The anticipated time commitment is 313 hours. Two hearings will be held in August, 1998 in Madison and Wausau.
Revenue
Subject:
Sections Tax 11.03 and 11.11 - Wisconsin sales and use tax treatment of:
1. Purchases made by public schools located outside Wisconsin and purchases by schools and school related organizations.
2. Utilities purchased for use in operating an industrial waste treatment facility.
3. Additional types of waste treatment facilities.
Description of policy issues:
Preliminary objectives:
The objective of the rule order is to:
1. Correct s. Tax 11.03 to reflect a change in Department policy relating to the Wisconsin sales and use tax treatment of purchases made by public schools located outside Wisconsin.
2. Clarify that under s. Tax 11.03 (4) (c), related organizations of private or public schools which are subject to the control and supervision of school officials do not need to obtain a certificate of exempt status.
3. Correct s. Tax 11.11 to reflect a change in Department policy relating to the Wisconsin sales and use tax treatment of utilities purchased for use in operating an industrial waste treatment facility.
4. Provide additional information in s. Tax 11.11 with respect to Department policy relating to the Wisconsin sales and use tax treatment of other types of waste treatment facilities made known to the Department.
Description of existing or new policies:
This rule order reflects the Department of Revenue's existing policy of providing accurate information to taxpayers, practitioners, and Department employes regarding sales and use taxes as they relate to elementary and secondary schools and industrial and municipal waste treatment facilities.
Policy alternatives:
○ Do nothing.
Section Tax 11.03 will be incorrect in that it does not reflect changes in Department policy relating to the Wisconsin sales and use tax treatment of purchases made by public schools located outside Wisconsin.
Section Tax 11.11 will be incomplete and incorrect in that it does not reflect changes in Department policy relating to the Wisconsin sales and use tax treatment of utilities used in operating an industrial waste treatment facility and that all relevant information applicable to these types of facilities known to the Department is not included in the rule.
Statutory authority:
Section 227.11 (2) (a), Stats.
Staff time required:
The Department estimates it will take approximately 50 hours to develop this rule order. This includes drafting the rule order, review by appropriate parties, and preparing related documents. The Department will assign existing staff to develop this rule order.
University of Wisconsin System
Subject:
Chapter UWS 18 - Relating to conduct on University of Wisconsin System lands.
Description of policy issues:
1) Objectives of the rules:
Under s. 36.11 (1) (c), Stats., the Board of Regents of the University of Wisconsin System has promulgated rules governing conduct on university lands. These rules are enforced by university police officers in accordance with the citation procedure provided under s. 778.25, Stats. The proposed rules would amend existing provisions and create new provisions to address current campus law enforcement problems.
2) Policy analysis:
The last major revision to these rules was completed in 1991. Since that time, campus police officers have experienced new problems and have recommended that the rules be amended to deal with these situations. The changes would be consistent with modifications in certain state criminal statutes and municipal ordinances. New provisions under the rules would address specified fire safety issues, possession of drug paraphernalia, resisting or obstructing police officers, abuses of telephones, assaultive behavior, the operation of motor vehicles off roadways, misuse of parking permits, damage to computers and related equipment, abuse of computer communication equipment, deposit of human waste, curfew violations by minors, conduct at athletic events and theft of library materials. Inclusion of these new provisions in ch. UWS 18 would allow university police to invoke the citation procedure for enforcement purposes in a manner parallel to that used by municipalities to deal with ordinance violations for similar offenses.
