Rule-Making Notices (Hearing Notices)

NOTICE IS HEREBY GIVEN that pursuant to ss. 90.21 (6), 169.11 (1) (a), 169.15 (5), 169.18 (5), 169.19 (6), 169.20 (4), 169.21 (3), 169.23 (3), 169.25 (6), 169.26 (4), 169.27 (4), 169.39 (2) and (3), 227.11 (2) (a) and 227.24, Stats., interpreting ss. 90.21 (2) and (5), 169.11 (1), 169.12 (1) and (4), 169.14 (2), 169.15 (4), 169.18 (2) and (3), 169.19 (2) and (3), 169.20 (1), (2) and (3), 169.21 (1) and (2), 169.23 (2), 169.25 (1), (2), (3), (4) and (5), 169.26 (1), (2) and (3), 169.27 (1), (2) and (3) and 169.31 (1) (a), Stats., the Department of Natural Resources will hold a public hearing on Natural Resources Board Emergency Order No. WM-03-03(E) relating to captive wildlife. This emergency order will take effect on January 1, 2003.

2001 Wisconsin Act 56 enacted on April 3, 2003 removed Wisconsin's captive wildlife laws from ch. 29, Stats., and created ch. 169, Stats. As of January 1, 2003, the effective date of most of the provisions of ch. 169, Stats., game farms, fur farms and other holders of live captive wildlife will be subject to regulation under ch. 169, Stats. This will include two new license requirements and requirements of operation. While Wis. Act 56 provides for a transfer of ch. 29, Stats., licenses to ch. 169, Stats., licenses, it does not automatically transfer the rules for captive animals held under ch. 29, Stats., to rules applicable to captive animals held under ch. 169, Stats. This rule will create ch. NR 14 which will incorporate by reference most of the rules that were applicable to captive animals under ch. 29, Stats., and make it clear that those standards are now applicable to captive animals held under ch. 169, Stats.

In some areas the rule creates new standards. Section NR 14.01, while incorporating many of the deer farm fence standards from ch. NR 16, increases the required height of new fences from 8 feet to 10 feet. It also phases in a requirement that deer farms be double fenced unless the deer farm is enrolled in the chronic wasting disease herd monitoring or herd surveillance program. While the deadlines for the double fence regulations will likely not occur until after the expiration of this rule, they are included in order to put the public on notice of the requirements that will be proposed in the permanent rule proposal that will follow this emergency rule. A second area of change is in the fur farm rules where acreage requirements for new fur farms and tagging requirements for otter are created.

The rule creates a definition of sporting club for purposes of this fee waiver allowed for such groups. The rule also creates standards for the issuance of licenses for dog training clubs. This license did not exist previously and allows members of a dog training club to dog train on club premises under the authority of the club license. Without standards, it would be difficult if not impossible to implement this program.

Finally, the rule changes the license needed for commercial operations dealing in reptiles and amphibians from a commercial permit under ch. NR 19 to a captive wild animal license under ch. 169, Stats. This change is required by Wis. Act 56.

Hearing Information

NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:

Thursday, January 16, 2003 at 1:00 p.m.

Room 027, GEF #2

101 South Webster Street

Madison

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Sue Solin at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Estimate

The proposed changes will not result in any significant changes in spending or revenue. There are no government costs anticipated due to the provisions of this proposal.

Contact Information

Written comments on the emergency rule may be submitted to Ms. Sarah Hurley, Deputy Administrator, Division of Lands, Department of Natural Resources, P.O. Box 7921, Madison, WI 53707 no later than January 31, 2003. Written comments will have the same weight and effect as oral statements presented at the hearing.

A copy of the emergency rule may be obtained from the Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707.

Notice of Hearings

Natural Resources
(Fish, Game, etc.)
[CR 02-144]

NOTICE IS HEREBY GIVEN that pursuant to ss. 29.041, 29.014 (1), 29.519 (1) (b) and 227.11 (2) (a), Stats., interpreting ss. 29.041, 29.014 (1) and 29.519 (1) (b), Stats., the Department of Natural Resources will hold public hearings on revisions to ss. NR 25.05 and 25.06, Wis. Adm. Code, relating to smelt trawling in Green Bay. In the last decade smelt abundance has declined almost 95% in Lake Michigan. The proposed rule shortens the summer trawling season in Green Bay by approximately 6 weeks. The current season runs from June 15 to September 30; the proposed rule sets the season from July 1 to September 1. The total allowable smelt harvest from Green Bay is reduced from 351,993 pounds to 100,000 pounds.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, 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: Commercial fishers of smelt in Green Bay.

b. Description of reporting and bookkeeping procedures required: No new procedures.

c. Description of professional skills required: No new skills.

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 document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

Hearing Information

NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:

January 16, 2003   Room 310, Green Bay City Hall,

Thursday     100 N. Jefferson St., Green Bay

at 7:00 p.m.

January 21, 2003   Multi-purpose Room

Tuesday     Lakeshore Tech. College

at 7:00 p.m.     1290 North Ave., Cleveland

January 22, 2003   “C" Auditorium, Milwaukee MATC

Wednesday     1036 North 8th Street, Milwaukee

at 7:00 p.m.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Bill Horns at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Estimate

There is no state fiscal effect.

Contact Information

Written comments on the proposed rule may be submitted to Mr. Bill Horns, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707 no later than January 31, 2003. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [FH-12-03] and fiscal estimate may be obtained from Mr. Horns.

Notice of Hearings

Natural Resources
(Fish, Game, etc.)
[CR 02-143]

NOTICE IS HEREBY GIVEN that pursuant to ss. 29.041, 29.014 (1), 29.519 (1) (b) and 227.11 (2) (a), Stats., interpreting ss. 29.041, 29.014 (1) and 29.519 (1) (b), Stats., the Department of Natural Resources will hold public hearings on revisions to s. NR 25.09, Wis. Adm. Code, relating to commercial netting of whitefish in Lake Michigan. Under current rules, commercial whitefish trap nets must be removed from waters of Lake Michigan south of Kewaunee from June 28 through Labor Day. The proposed rule opens most the of the area of Lake Michigan south of Kewaunee to commercial trap netting during summer, while also defining an area between Manitowoc and Two Rivers where summer trap netting would continue to be banned. In addition, it reduces the number of trap nets from 12 to 6 that may be used by any individual license holder in Lake Michigan south of Kewaunee and establishes new net marking requirements.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, 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: Commercial fishers of whitefish.

b. Description of reporting and bookkeeping procedures required: No new procedures.

c. Description of professional skills required: No new skills.

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 document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

Hearing Information

NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:

January 16, 2003   Room 310, Green Bay City Hall

Thursday     100 N. Jefferson St., Green Bay

at 7:00 p.m.

January 21, 2003   Multi-purpose Room

Tuesday     Lakeshore Tech. College

at 7:00 p.m.     1290 North Ave., Cleveland

January 22, 2003   “C" Auditorium, Milwaukee MATC

Wednesday     1036 North 8th Street, Milwaukee

at 7:00 p.m.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Bill Horns at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Estimate

There is no state fiscal effect.

Contact Information

Written comments on the proposed rule may be submitted to Mr. Bill Horns, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707 no later than January 31, 2003. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [FH-46-02] and fiscal estimate may be obtained from Mr. Horns.

Notice of Hearings

Natural Resources
(Environmental Protection-Solid Waste Management)
[CR 02-145]

NOTICE IS HEREBY GIVEN that pursuant to ss. 289.61 and 227.11 (2) (a), Stats., interpreting s. 289.61, Stats., the Department of Natural Resources will hold public hearings on revisions to NR 520.04 and 520.13 Tables 2 and 3, Wis. Adm. Code, relating to adjusting solid waste licensing and plan review fees. As a result of a projected deficit in the solid waste program revenue account, the Department is proposing a 10% increase in plan review fees and annual license fees for landfills, other solid waste facilities and solid waste collection and transportation services. The new fee schedule would take effect on July 1, 2004.

The Department is also proposing to revise the amount of the landfill license fee surcharge. Currently the surcharge is set at 9 cents per ton of solid waste landfilled during each quarterly reporting period. This fee initially went into effect at 10 cents per ton in July 1996 subject to a sunset in December 1997. The fee became permanent at 9 cents per ton in October, 1997.

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. In general, these revisions will affect municipalities and larger 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 document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

Hearing Information

NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:

January 21, 2003   CS Conference Rm, 3rd floor GEF #3

Tuesday     125 S. Webster St.

at 1:00 p.m.     Madison

January 22, 2003   Schmeekle Reserve, UW-Stevens Pt

Wednesday     2419 North Point Dr.

10:00 a.m.     Stevens Point

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Colleen Hellenbrand at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Estimate

Over the past 5 years, the amount of waste disposed of in landfills on which environmental fees are assessed has averaged just under 9 million tons/year. While no clear trends have been observed during this period, we believe that ongoing waste reduction, recycling, and reuse may result in lower landfilled tonnages in come years.

Assuming annual landfilled tonnages between 8.6 and 9.0 million tons for the foreseeable future, the amount of revenue generated by the increases in the landfill license fee surcharge will range from approximately $258,000 and $270,000 in FY 03-04, $30,000 and $450,000 in FY 04-05, and $516,000 and $540,000 in FY 05-06 and subsequent years. We also estimate that the increases in plan review and license fees will generate approximately $128,850/year beginning in FY 04-05. The fee increases would affect both private and publicly owned facilities.

Currently there are 18 county-owned landfills and 5 owned by cities. Based on calendar year 2001 data, county landfills took in an average of 53,400 tons on which environmental fees were assessed. For city-owned landfills, the average was 32,500 tons. Therefore, the average county-owned landfill would pay an additional landfill license fee surcharge of approximately $1,600 in FY 03-04 up to $3,200 in FY 05-06. The average city-owned landfill would pay from $975 in FY 03-04 up to $1,950 in FY 05-06. With respect to plan review and license fees, we estimate that public owners will pay approximately one-fourth of the $128,850/year increase. Total annual impact = $65,900 to $99,700.

Contact Information

Written comments on the proposed rule may be submitted to Ms. Colleen Hellenbrand, Bureau of Waste Management, P.O. Box 7921, Madison, WI 53707 no later than January 29, 2003. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed [WA-45-02] rule and its fiscal estimate may be obtained from Ms. Hellenbrand.

Notice of Hearing

Natural Resources
(Environmental Protection-Water Supply)
[CR 02-147]

NOTICE IS HEREBY GIVEN that pursuant to ss. 280.11, 281.17 (8) and 227.11 (2) (a), Stats., interpreting ss. 280.11 and 281.17 (8), Stats., the Department of Natural Resources will hold public hearings on revisions to ch. NR 809, Wis. Adm. Code, relating to safe drinking water requirements for public water systems. The Interim Enhanced Surface Water Treatment Rule (IESWTR) and Disinfectants/Disinfection By-products Rule (D/DBPR) have been promulgated by the U. S. Environmental Protection as mandated by the 1996 amendments to the Safe Drinking Water Act. As the primacy agent for U.S. EPA in Wisconsin, the Department must adopt and implement regulations at least as stringent as those promulgated by U.S. EPA. The proposed rule revisions are a direct result of that requirement. Also included in the proposed rule are minor corrections to ch. NR 809 that address cross-reference changes, typographical errors and omissions.