Rule-making notices
Notice of Hearings
Natural Resources
(Fish, Game, etc.)
[
CR 03-030]
NOTICE IS HEREBY GIVEN that pursuant to ss.
29.039 (1),
90.21 (6),
169.11 (1) (a),
169.15 (5),
169.18 (5),
169.19 (6),
169.23 (3),
169.25 (6),
169.26 (4),
169.27 (4),
169.36 (7),
169.39 (2) and
(3) and
227.11 (2) (a), 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),
169.23 (2),
169.25 (1),
(2),
(3),
(4) and
(5),
169.26 (1),
(2) and
(3),
169.27 (1),
(2) and
(3),
169.31 (1) (a) and
169.36, Stats., the Department of Natural Resources will hold public hearings on repealing and renumbering the current ch.
NR 16, revisions to ch.
NR 19 and the creation of a new ch.
NR 16, Wis. Adm. Code, relating to the regulation of game farms, fur farms and other holders of live captive wildlife. The new license requirements and requirements of operations include:
Captive wild animal farms and exhibits: Requirements for holding animals are established. Bears and cougars are designated as harmful wild animals as mandated by s.
169.11, Stats.
Reptiles and amphibians: The movement of rules regulating the possession and sale of reptiles and amphibians from ch.
NR 19 to ch.
NR 16, with the exception of turtles taken during established seasons.
Fur farms: Standards are created for determining lands that qualify for a single wild fur farm license. The ability to possess live muskrat, beaver, coyote, raccoon and mink is limited to temporary possession for the purpose of sale. An annual quota for wild fur farm otters is also established.
Bird hunting preserves: Standards are created for lands to qualify as a bird hunting preserve including a prohibition on bird hunting preserves within 1/4 mile of a public hunting ground managed for pheasants. This prohibition will not apply if the management begins after the bird hunting preserve is licensed.
Humane care & housing: General humane care standards are established for licensees holding captive wild animals, including cage sizes and requirements for food, water, shelter and environmental enrichment.
White-tailed deer fence specifications: Height of new fences is increased from 8 feet to 10 feet with a phased in requirement for double or solid fences if not enrolled in a herd monitoring program and notice of fence expansions or replacement is established.
Records & reporting: Deadlines and methods for submission of records are also established. The Department may refuse to renew a license when a licensee fails to submit reports without good cause.
Stocking: Ring-neck pheasants and gray partridge will not require a license when stocked on private lands.
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: Captive wild animal farms, bird hunting preserves, wild fur farms, wild animal exhibits, white-tailed deer farms and biological supply businesses dealing in native reptiles and amphibians.
b. Description of reporting and bookkeeping procedures required: Due dates are established for submission of any required quarterly reports. Written proof of origin is required for the possession of any carcass of a captive wild animal obtained from a person who is required to possess a license under ch.
169, Wis. Stats. Written proof of origin shall include the name address and license number of the person from whom the carcass was obtained along with the date, species and number of animal carcasses obtained. For the taking of live native reptiles and amphibians additional record keeping requirements are established by these rules which includes date, species and amount of animals harvested, sold and purchased. For Bird Hunting Preserve Licensees, daily records must be kept which shall include the number of birds stocked and harvested. Wild Fur Farms shall record information related to the taking of authorized fur-bearing animals before the live animals or carcasses leave the licensed premises and shall include the date, number, species and who harvested the animals and to whom they were transferred. Nonresident temporary exhibitors will need to record the dates during which captive wild animals are brought into and held in this state, the purpose and location of the exhibit along with the number and species of animals being exhibited. A period of 72 hours is established for persons to file a report of any stocking or releases, if one is requested, with the local municipality.
c. Description of professional skills required: None
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.
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
Date, Time and Location
Monday, April 21, 2003 at 4:00 p.m. and 6:00 p.m.
Council Chambers, Wausau City Hall
407 Grant Street
Wausau
Note: The 4:00 p.m. hearing will run until all present have had an opportunity to speak. The 6:00 p.m. hearing will run until 8:00 p.m. or until all present have had an opportunity to speak, whichever is later. Both Wausau hearings will run concurrent with hearings on rules regulating dog training, dog trialing and dog clubs.
Thursday, April 24, 2003 at 1:30 p.m.
Room 139, State Office Building
718 W. Clairemont Ave.
Eau Claire
Note: This hearing is by video conference participation.
Friday, April 25, 2003 at 1:30 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 Tom Van Haren at (608) 266-3244 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
While there are expected to be minor additional expenses associated with the implementation and enforcement of these rules, most additional cost would be a result of the statutory changes and not these rules. It is expected that any additional costs can be absorbed within the bureau of Wildlife and the bureau of Law Enforcement's current allocations.
Written comments on the proposed rules may be submitted to Mr. Tom Van Haren, Bureau of Law Enforcement, P.O. Box 7921, Madison, WI 53707 no later than April 30, 2003. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rules (Wm-07-03) and fiscal estimate may be obtained from Mr. Van Haren.
Notice of Hearings
Natural Resources
(Fish, Game, etc.)
[
CR 03-031]
NOTICE IS HEREBY GIVEN that pursuant to ss.
169.19 (6),
169.20 (4),
169.21 (3),
169.36 (7),
169.39 (2) and
(3) and
227.11 (2) (a), Stats., interpreting ss.
169.12 (2) and
(3),
169.20 (1),
(2) and
(3),
169.21 (1) and
(2) and
169.36 (4), Stats., the Department of Natural Resources will hold public hearings on the repeal and recreation of ch.
NR 17, Wis. Adm. Code, relating to dog training, dog trials and dog clubs. As of January 1, 2003, dog trainers, dog trials and those who possess live captive wildlife under the authority of a dog training or trialing license were subject to regulation under ch.
169, Stats. The proposed rule establishes conditions that apply to holders of bird dog and hound dog training licenses, dog club training licenses, bird dog and hound dog trial licenses and others training dogs on free-roaming wild animals. Conditions include:
1. The requirement to possess and display a license to a department agent upon request, except that dog clubs can maintain license at the club house,
2. Training and trialing is only allowed on lands specified on the license and the license holder must possess a receipt showing the captive animals were legally obtained.
3. Humane care and treatment requirements are established for training or trialing activities and when animals are held in their primary enclosures.
This rule maintains requirements for identification of animals that are released, but only requires marking birds other than mallards that are released to be killed. Conditions are established for training or trialing on free-roaming wild animals, when leashes are required and prohibits the killing of free-roaming animals unless otherwise authorized. This rule also allows for training and trialing on free-roaming raccoons and rabbits in the northern restricted zone during May and June when training or trials on other wild animals, including bears is prohibited. If dogs are found to be running wild free-roaming bears, the license may be revoked. Class A and B dog training and trialing ground classifications, application requirements and deadlines are established. The information required on receipts or invoices for captive wild animals possessed for dog training and trialing is also identified.
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: Dog trainers and dog trialers
b. Description of reporting and bookkeeping procedures required: Annual or quarterly reports, depending on the license, must be submitted to the department. Daily records and receipts must be kept and be available for review by the department if requested.
c. Description of professional skills required: None
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.
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
Monday, April 21, 2003 at 4:00 p.m. and 6:00 p.m.
Council Chambers, Wausau City Hall
407 Grant Street
Wausau
Note: The 4:00 p.m. hearing will run until all present have had an opportunity to speak. The 6:00 p.m. hearing will run until 8:00 p.m. or until all present have had an opportunity to speak, whichever is later. Both Wausau hearings will run concurrently with hearings on rules regulating the possession of live captive wildlife, fur farms and standards for deer farm fencing.
Thursday, April 24, 2003 at 10:00 a.m.
Room 139, State Office Building
718 W. Clairemont Ave.
Eau Claire
Note: This hearing is by video conference participation.
Friday, April 25, 2003 at 10:00 a.m.
Room 027, GEF #2
