Natural Resources
(Fish, Game, etc., Chs. NR 1-)
Notice is hereby given that pursuant to ss. 29.014, 29.089, 29.327, 29.053(3) and 227.11(2)(a), Stats., interpreting ss. 29.014, 29.089, 29.327 and 29.053(3), Stats., the Department of Natural Resources will hold a public hearing on revisions to ch. NR 10, Wis. Adm. Code, relating to hunting, trapping and wildlife research. The changes involve clarifications, definitions, increasing management efficiency and altering limitations on hunters.
1. In order to have control over the placement and subsequent removal of waterfowl hunting blinds, owners are required to put their names on the blind. The requirement of placing only a name on the blind is not adequate to help locate a person violating this section. This proposal requires all blinds on state-owned property to be permanently labeled with the owner's name and address in English letters one-inch square or larger.
2. Current rules allow for the registration of fisher and bobcat in whole condition, without pelt removal, if plans are to have a taxidermist mount the animal. This proposal adds otters to the existing rule. Currently rules also do not specify a return time for department receipt of necessary carcasses. This proposal establishes a 30-day requirement.
3. A proposal adds bobcat to an existing rule which requires a registration tag to be locked to the head of the pelt prior to transferring, giving, trading, selling or purchasing the pelt.
4. Clarifies the current rule on state park deer seasons applies only to those portions of the referenced state parks which are owned by the department.
5. The current rule regarding disabled hunts and special hunt authorizations does not specifically describe what tags may be used during these hunts. Currently zone T tags cannot be used during a disabled hunt. This proposal authorizes zone T permits to be filled during disabled hunts.
6. Allows for research to be conducted on lands and waters of the university of Wisconsin arboretum and university bay. The university shall provide a list of research projects annually for Department approval.
Initial Regulatory Flexibility Analysis
Notice is hereby further given that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses.
Notice is hereby further given that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review documents would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
Hearing Information
Notice is hereby further given that the hearing will be held on:
March 14, 2000 Room 611A, GEF #2
Tuesday 101 S. Webster Street
at 1:00 p.m. Madison
Notice is hereby further given that 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 Pat Beringer at (608) 261-6452 with specific information on your request at least 10 days before the date of the scheduled hearing.
Written Comments and Contact Information
Written comments on the proposed rule may be submitted to Mr. Pat Beringer, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707 no later than March 15, 2000. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the proposed rule [WM-2-00] and fiscal estimate may be obtained from Mr. Beringer.
Fiscal Estimate
There is no fiscal effect.
Notice of Hearing
Natural Resources
(Environmental Protection-
General, Chs. NR 100-)
Notice is hereby given that pursuant to ss. 295.12, 295.20(4) and 227.11(2)(a), Stats., interpreting subch. I of ch. 295, Stats., the Department of Natural Resources will hold a public hearing on the creation of ch. NR 135, Wis. Adm. Code, relating to nonmetallic mining reclamation.
Agency Analysis
The proposed rule establishes a statewide system of county and locally administered reclamation programs for nonmetallic mines, to be funded by fees on active nonmetallic mines. The proposed rule contains 6 subchapters: subchapter I on the purpose and scope of the rule, applicability, definitions and its relationship to other environmental and land use regulations; subchapter II establishes the statewide standards to ensure that successful reclamation of all nonmetallic mining sites is achieved; subchapter III establishes a framework for issuing reclamation permits for all nonmetallic mining sites that are active on or active 8 months following the effective date of this chapter; subchapter IV details the responsibilities of regulatory authorities who administer nonmetallic mining reclamation programs; subchapter V details the oversight and assistance responsibilities of the department; and subchapter VI establishes requirements and procedures for registering marketable nonmetallic mineral deposits in order to preserve these resources for future mining.
Public hearings on this rule have been previously held in April and May of 1995 and May of 1998. The rule was adopted by the Natural Resources Board on December 8, 1999. However, due to the provisions of s. 227.14(6)(c), Stats., the rule was considered “withdrawn" when legislative review had not been completed by December 31 of the fourth year after it was submitted to the Legislative Council Rules Clearinghouse (i.e., by December 31, 1999). Therefore, the Department of Natural Resources is scheduling another public hearing on this rule prior to its promulgation.
Initial Regulatory Flexibility Analysis
Notice is hereby further given that pursuant to s. 227.14, Stats., the proposed rule may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:
a. Types of small businesses affected: Nonmetallic mines
b. Description of reporting and bookkeeping procedures required: Permit application, fees based on the currently mined acreage, need to obtain either a surety bond or some other method of financial assurance.
c. Description of professional skills required: Expertise in geology, engineering, agronomy or environmental science (such as ecology) may be required for the preparation of some reclamation plans particularly those of a complex nature. Expertise in civil engineering or geology will be required to identify and delineate nonmetallic mineral deposits for registration.
Notice is hereby further given that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review documents would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
Hearing Information
Notice is hereby further given that the hearing will be held on:
March 13, 2000 Room 511, GEF #2
Monday 101 S. Webster St.
at 10:00 a.m. Madison
Notice is hereby further given that 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 Tom Portle at (608) 267-0877 with specific information on your request at least 10 days before the date of the scheduled hearing.
Written Comments and Contact Information
Written comments on the proposed rule may be submitted to Mr. Tom Portle, Bureau of Waste Management, P.O. Box 7921, Madison, WI 53707 no later than March 17, 2000. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the proposed rule [SW-18-95] and fiscal estimate may be obtained from Mr. Portle.
Fiscal Estimate
Assumptions Used in Arriving at Fiscal Estimate
State Government Costs:
The total annualized cost to state government is estimated to be $172,000.00. This estimate is based on the following assumptions:
1. Fees will be collected from mine operators by the county and local government regulatory authorities who will forward the Department's portion. All Department costs will be covered by these fees.
2. All counties will promptly enact and enforce an ordinance which establishes a program to ensure compliance with the uniform reclamation standards contained in this rule. Counties and local governments who enact an ordinance and administer a nonmetallic mining reclamation program will collect fees and forward these fees to the Department in a timely manner.
3. The Department workload under the above assumptions will be limited to 3.0 FTE as authorized in the 1997-99 biennial budget.
Local Government Costs:
The total estimated annualized costs to local government is estimated to be $660,000. This estimate is based on the following assumptions:
1. All costs to county and local government will be covered by annual permit fees and by plan review fees as authorized by legislation. County and local fees must be established by ordinance.
2. Counties and local government will regulate about 2,000 nonmetallic mining operations by permit. It is assumed that continuing annual costs for county and local program administration of nonmetallic mining reclamation permit programs including operator assistance, fee collection, site inspections and compliance activities and recordkeeping will be 12 hours per permit per year. If the average county or local government employee cost is equal to $50,000 per year per employee for salary, fringe and travel, then the statewide annualized county and local government costs can be estimated as follows:
12 hrs./permit x 2,000 mines = 24,000 hrs./yr. statewide
24,000 hrs. / 1820 hrs. (available per employee per year) = 13.2 FTE statewide
$50,000 per FTE x 13.2 FTE = per year statewide = $660,000
These costs would be offset by equivalent county and local revenue from fees on active nonmetallic mining operations.
In addition to the continuing costs documented above, there will be one-time costs for county and local governments to review reclamation plans for existing mines. All existing mines are required to submit and have approved an approved reclamation plan. This must occur during the first 3 years of the program. It is assumed that 75% of existing mines will have no existing reclamation plan or one which requires major revision to meet the standards in ch. NR 135. For these 1500 mines, it is estimated that the costs will average 30 hours of staff time per plan. For the remaining 25% of the mines, it is assumed that there is an existing plan which may require minor modification and updating, but for which there is a significantly smaller workload. For these 500 mines, it is estimated that the costs will average 8 hours of staff time per plan. Therefore, the total one-time costs can be estimated as follows:
(30 hrs./mine x 1500 mines) + (8 hrs./mine x 500 mines)
= 45,000 hrs. + 4,000 hrs. = 49,000 hrs.
(49,000 hrs.) / 1820 hrs./FTE = 26.9 FTE
(26.9 FTE) x (50,000/FTE) = $1,346,000
or $1,346,000/3 = $449,000 for a one-time cost (for the initial 3 year period)
These one-time plan review costs will be offset by revenue from plan review fees or temporary surcharges permit surcharges.
Notice of Hearings
Natural Resources
(Environmental Protection-
General, Chs. NR 100-)
Notice is hereby given that pursuant to ss. 281.70 and 227.11(2)(a), Stats., interpreting s. 281.70, Stats., the Department of Natural Resources will hold public hearings on the creation of ch. NR 195, Wis. Adm. Code, relating to river protection grants.
Agency Analysis
1999 Wis. Act 9 created s. 281.70, Stats., which requires the department to establish river protection grants and promulgate rules for their administration. The law specifically requires the department to promulgate rules to implement a financial assistance program for units of local government, nonprofit conservation organizations and qualified river management organizations for planning and implementing river protection projects.
The department is required to cost share up to 75% for the cost of river planning grants of up to a maximum of $10,000 and river management grants of up to a maximum of $50,000. It lists, in detail, the general types of eligible planning and management activities the department shall fund including activities that help persons form local river management organizations. In addition to establishing the rules necessary for the general administration of a grant program, it directs the department to specifically establish rules for the conditions a river management organization must meet to be qualified to receive grants, designating eligible grant activities and establishing the types of rivers eligible for grants.
Initial Regulatory Flexibility Analysis
Notice is hereby further given that pursuant to s. 227.114, Stats. it is not anticipated that the proposed rule will have an economic impact on small businesses.
Notice is hereby further given that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review documents would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
Notice is hereby further given that pursuant to ss. 281.70, 227.11(2)(a) and 227.24, Stats., interpreting s. 281.70, Stats., the Department of Natural Resources will hold public hearings on Natural Resources Board Emergency Order No. FH-5-00(E) relating to river protection grants. This emergency order took effect on February 17, 2000. This emergency order created ch. NR 195 implementing the river protection grant program.
Hearing Information
Notice is hereby further given that the hearings will be held on:
