Rule-Making Notices (Hearing Notices)

NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on Monday, April 12, 2004 at 7:00 p.m. at the following locations:

Adams	Adams Co. Courthouse County Board Room, 402 Main Street, Friendship
Ashland	Ashland Sr. High School, Auditorium 1900 Beaser Avenue, Ashland
Barron	Barron Co. Courthouse, Auditorium, 330 E. LaSalle Avenue, Barron
Bayfield	Bayfield Co. Courthouse County Board Room, 117 E. 5th Street, Washburn
Brown	Southwest High School, Auditorium, 1331 Packerland Drive, Green Bay
Buffalo	Alma High School, Auditorium, S1618 STH 35, Alma
Burnett	Burnett Co. Government Center Room 165, 7410 County K, Siren
Calumet	Calumet Co. Courthouse, Room 25, 206 Court Street, Chilton
Chippewa	Chippewa Falls Middle School Auditorium A, 750 Tropicana Blvd., Chippewa Falls
Clark	Greenwood High School, Cafetorium, 306 W. Central Ave., Greenwood
Columbia	Columbia County Courthouse, 400 DeWitt Street, Portage
Crawford	Crawford Co. Courthouse, Courtroom, 200 N. Beaumont Road, Prairie du Chien
Dane	Alliant Energy Center (Dane Co. Expo Center), 1919 Alliant Energy Way, Madison
Dodge	Horicon City Hall, 404 East Lake Street, Horicon
Door	Door Co. Courthouse, Room A150, 421 Nebraska Street, Sturgeon Bay
Douglas	Superior Sr. High School 2600 Catlin Avenue, Superior
Dunn	Dunn Co. Fish and Game Club, 1900 Pine Avenue, Menomonie
Eau Claire	South Middle School, Auditorium, 2115 Mitscher Avenue, Eau Claire
Florence	Florence Natural Resource Center, 4842 Forestry Drive, Florence
Fond du Lac	Theisen Jr. High School, Auditorium, 525 E. Pioneer Road, Fond du Lac
Forest	Crandon High School, 9750 STH 8, Crandon
Grant	Lancaster High School, Hillary Auditorium, 806 E. Elm Street, Lancaster
Green	Pleasant View Annex, Auditorium, N3150 Hwy. 81, Monroe
Green Lake	Green Lake High School, Small Gymnasium, 612 Mill Street, Green Lake
Iowa	Dodgeville High School, Gymnasium, 912 W. Chapel Street, Dodgeville
Iron	Mercer Community Center, 2448 West Margaret, Mercer
Jackson	Black River Falls Middle School, LGI Room, 1202 Pierce Street, Black River Falls
Jefferson	Jefferson County Fair Park, Activity Center, 503 N. Jackson Street, Jefferson
Juneau	Juneau County Courthouse, County Board Room, 220 E. State St., Mauston
Kenosha	Bristol Grade School, Gymnasium, 20121 83rd Street, Bristol
Kewaunee	Kewaunee Co. Courthouse, Courtroom, 613 Dodge Street, Kewaunee
La Crosse	Onalaska High School, Gymnasium, 700 Hilltop Place, Onalaska
Lafayette	Darlington High School, Cafeteria, 11630 Center Hill Road, Darlington
Langlade	Langlade Co. Multi-purpose Bldg., 1581 Neva Road, Antigo
Lincoln	Tomahawk Elementary School, Auditorium, 1048 E. Kings Road, Tomahawk
Manitowoc	UW-Manitowoc, Theater, 705 Viebahn Street, Manitowoc
Marathon	John Muir Middle School, 1400 W. Stewart Avenue, Wausau
Marinette	Crivitz High School, Auditorium, 400 South Avenue, Crivitz
Marquette	Montello High School, Community Room, 222 Forest Lane, Montello
Menominee	Menominee Co. Courthouse, Basement, Courthouse Lane, Keshena
Milwaukee	Greenfield High School, Auditorium, 4800 South 60th Street, Greenfield
Monroe	Sparta Meadowview High School, Cafetorium, 1225 N. Water Street, Sparta
Oconto	Suring High School, Cafeteria, 411 E. Algoma Street, Suring
Oneida	James Williams Jr. High School, 915 Acacia Lane, Rhinelander
Outagamie	Riverview Middle School, Auditorium, 101 Oak Street, Kaukauna
Ozaukee	Webster Middle School, Auditorium, W75 N624 Wauwatosa Road, Cedarburg
Pepin	Pepin Co. Government Center, County Board Room, 740 7th Avenue West, Durand
Pierce	Ellsworth Senior High School, Auditorium, 323 Hillcrest, Ellsworth
Polk	Unity High School, Auditorium, 1908 State Road 46, Balsam Lake
Portage	Ben Franklin Jr. High School, Auditorium, 2000 Polk Street, Stevens Point
Price	Price Co. Courthouse, Board Room, 126 Cherry Street, Phillips
Racine	Union Grove Grade School, 1745 Mildrum, Union Grove
Richland	Richland Co. Courthouse, Courtroom, 181 W. Seminary Street, Richland Center
Rock	Loyal Order of Moose Lodge, 2701 Rockport Road, Janesville
Rusk	Ladysmith High School, Auditorium, 1700 Edgewood Ave. East, Ladysmith
St. Croix	Indianhead Tech. College, Cashman Auditorium, 1019 S. Knowles Avenue, New Richmond
Sauk	Ringling Theatre, 136 4th Avenue, Baraboo
Sawyer	Winter High School Auditorium, 6585 W. Grove Street, Winter
Shawano	Shawano Community Middle School, LGI, 1050 S. Union Street, Shawano
Sheboygan	Sheboygan Falls High School, 220 Amherst Avenue, Sheboygan Falls
Taylor	Taylor Co. Multi-purpose Bldg., Hwys. 64 and 13, Medford
Trempealeau	Whitehall City Center, Gymnasium, 36245 Park Street, Whitehall
Vernon	Viroqua Middle School, Large Lecture Room, Blackhawk Drive, Viroqua
Vilas	Sayner Community Center, Golf Course Road, Sayner
Walworth	Delavan High School, Auditorium, 150 Cummings Street, Delavan
Washburn	WI Agriculture Research Station, Conference Room, W6646 Hwy. 70, Spooner
Washington	Washington Co. Fairgrounds, Exhibit Hall, 3000 Hwy. PV, West Bend
Waukesha	Waukesha Co. Expo Center, Arena, 1000 Northview Road, Waukesha
Waupaca	Waupaca High School, Auditorium, E2325 King Road, Waupaca
Waushara	Waushara Co. Courthouse, 2nd Floor Courtroom, 209 S. St. Marie Street, Wautoma
Winnebago	Oshkosh North High School, Auditorium, 1100 W. Smith Avenue, Oshkosh
Wood	Pittsville High School, Auditorium, 5459 Elementary Avenue, Pittsville

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 AnnMarie Kutzke at [phone] with specific information on your request at least 10 days before April 12, 2004.

Written comments on the proposed rule revisions of hunting and trapping regulations may be submitted to Mr. Kurt Thiede, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707. Written comments on the proposed rule revisions for fisheries may be submitted to Mr. Pat Schmalz, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707. Written comments shall be postmarked no later than April 13, 2004. Written comments will NOT, however, be counted as spring hearing votes.

Copies of Rule and Contact Person

A copy of the proposed rules and fiscal estimates may be obtained from Ms. AnnMarie Kutzke, Bureau of Legal Services, P.O. Box 7921, Madison, WI 53707 or by calling [phone].

Initial Regulatory Flexibility Analysis

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rules will have an economic impact on small businesses.

Environmental Analysis

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.

Fiscal Estimate

The department anticipates no ongoing fiscal impact to the state or to local government.

Notice of Hearings

Natural Resources

(Fish, Game, etc., Chs. NR 1—)

[CR 04-020]

NOTICE IS HEREBY GIVEN that pursuant to ss. 29.014, 29.063 and 227.11, Stats., interpreting ss. 29.063, 29.177 and 29.361, Stats., the Department of Natural Resources will hold public hearings on revisions to chs. NR 10, 12 and 19, Wis. Adm. Code, relating to the control and management of chronic wasting disease.

Analysis Prepared by Dept. of Natural Resources

The proposed rule establishes new boundaries for the herd reduction zone and the CWD eradication zone. The intensive harvest and eradication zones are combined into the CWD eradication zone, which will be identifiable by recognizable boundaries which are also established in the rule. The population goal of zero in the eradication zone has been modified. Tagging and licensing options in the CWD zones are liberalized and specific state park seasons are clarified and the archery season in parks within the CWD zones are extended. Numerous minor housekeeping changes are also included in the rule in order to keep the administrative code up-to-date and uncluttered. The proposed rule also modifies a ch. NR 19 provision that would allow the department to charge a handling fee for free permits or licenses.

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

March 16, 2004 Tuesday 7:00 p.m.	Round Barn Lodge and Restaurant E4830 US Hwy. 14 & 60 Spring Green
	Basement Meeting Room Portage City Hall 115 W. Pleasant Street Portage
	Town of Turtle Community Center 6916 South CTH J Shopiere
March 17, 2004 Wednesday 7:00 p.m.	Lincoln Conference Room, Ramada Inn/White House Supper Club 1450 Veterans Drive Richland Center
	Basement Conference Room Karakahl Country Inn 1405 Business 18/151 East Mt. Horeb
	Room CO55 Richard T. Anderson Education Cntr. Waukesha County Technical College 800 Main Street Pewaukee
March 18, 2004 Thursday 7:00 p.m.	RFS Center 18298 Highway D Fayette
	Activity Center Jefferson Co. Fairgrounds 503 N. Jackson Street Jefferson
	Auditorium Richard Bong State Recreation Area 26313 Burlington Road Kansasville

NOTICE IS HEREBY FURTHER GIVEN that the Department will be having an open house/informational meeting immediately preceding each public hearing. An open house/informational meeting on the deer herd status and the proposed CWD rule will be held from 4:00 p.m. to 7:00 p.m. in Spring Green, Portage, Shopiere, Richland Center, Mt. Horeb, Fayette and Jefferson. An open house/informational meeting on the proposed CWD rule only will be held from 6:00 p.m. to 7:00 p.m. in Pewaukee and Kansasville.

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 Kurt Thiede at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Copies of Rule and Contact Person

Written comments on the proposed rules may be submitted to Mr. Kurt Thiede, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707 no later than March 22, 2004. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule and fiscal estimate may be obtained from Mr. Thiede.

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.

Environmental Analysis

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.

Fiscal Estimate

This fiscal estimate is created based on the department's current knowledge of the distribution of CWD positive deer in the state. These estimates could change significantly if new positives are found in other parts of the state.

A. Increased Costs Details

Carcass Disposal: Based on the figures for the 2003 deer season statewide and in the CWD zones, we anticipate similar numbers to be generated for the 2004 seasons.

Anticipated Eradication Zone Disposal Costs in the expanded zone based on 10,000 deer:

Shipping Cost     $78,512.00

Storage Cost     $110,000.00

Cremation/Digester Cost   $7,425.00
(only positives)

Landfill Cost     $6,669.00

Misc. Disposal Cost 1   $108,375.00

Other Misc. Costs 2   $16,250.00

Total     $327,231.00

Anticipated grand total for statewide carcass disposal: $327,231

CWD Deer Hunts: The costs associated with the implementation of the expanded deer hunt in the expanded CWD eradication and herd reduction zones:

Law Enforcement: The additional hunts will require 8 additional hours per pay period for each of the 6 wardens in the expanded zones. Added to this would be any necessary meals, miles, etc.

With an average salary of about $25, with an additional $10 for benefits and fringe, this works out as follows:

6 Wardens x 8 hours/pay period = 48 hrs/pay period x 10 pay periods = 480/hrs x $35/hr salary and fringe = $16,800 salary and fringe. In addition, there will be the added cost of approximately $2,040 meals and $2,189 in mileage (meals and miles based upon 2002 cost estimates for CWD efforts).

Wildlife Management: The costs associated with the implementation of the new CWD deer herd control hunts including the testing and permit issuance during the extended season at registration stations will result in an additional staff time including the use of LTE's, as well as mileage and other equipment expenses.

3 LTE's x 20 hours/week = 60 hours x 10 pay periods = 600 hours x $11/hour = $6,600

10 hours of overtime / pay period x 14 (SER wildlife staff) = 140 hours x 10 pay periods = 1,400 hours x $28/hour (salary and fringe) = $39,200

Meals, mileage and other 1614 appropriations based on the first 14 weeks of CWD operation expenditures (~ $2,000 / wk): 20 weeks x $2,000 = $40,000

Parks and Recreation: Signage and maps will need to be produced for the 3 state park/state forest properties where expanded herd control measures will be in effect.

Supplies and Services: Printing or updating Maps, Signs, Permits and Instructions:

$500.00 for 3 properties which have previously been open to deer hunting ($500x 3) = $1,500

Supplies and Services: Vehicle Maintenance and Expenses for Increased Patrol & Sharpshooting

$1,000 per park x 3 = $3,000

Salaries and Fringes - $30 per hour: Determination of Hunting Boundaries, Preparing/Revising Maps and Signs, Posting Signs

16 hours 3 properties which have previously been open to deer hunting (16 x 3 x $30) = $1,440

Salaries and Fringes - $30 per hour: Distributing Permits, Law Enforcement, Admitting Hunters to Park and/or Documenting Permits

4 hours per park per day x $30 per hour x 3 properties x 38 days (based on the average number of days all 3 parks will be open to hunting) = $13,680

Anticipated grand total for hunting season implementation

Salary and Fringe:   $77,720

Materials and Expenses:   $48,729

New Eradication Zone Efforts: Deer registration staff time and resources will be required.

Registration Stations = 6 perm. employees x 20 additional hours/pay period x 4 pay periods = 480 x $28 / hour = $13,440 salary and fringe.

Meals, mileage and other 1614 appropriations based on last years CWD operation expenditures (~ $2,000 / wk): 11 weeks x $2,000 = $22,000

Anticipated grand total for eradication zone activities

Salary and Fringe:   $13,440

Materials and Expenses:   $22,000

B. Decreased Revenue Details:

There will be a loss in revenue stemming from the absence of bonus permit sales in the CWD zones and the potential issuance of free licenses to CWD eradication zone hunters.

Approximately 80% of bonus permits are sold to resident hunters with the remaining 20% sold to non-residents. Bonus permits cost $12 for residents and $20 for non-resident deer hunters.

Bonus permit sales from 2002-2003 were used to determine the average number of bonus permits sold in Deer Management Units (DMUs) 70G, 76A, 77B, and 77C.

70G – 796

76A – 5,791

77B – 2,311

77C – 2,258

Under the current proposal, DMUs 76A and 77C would be split. Accordingly, the number of bonus permits sold would have to be adjusted.

76A – 5,791/2 = 2,896

77C – 2,258/2 = 1,129

The total number of bonus permit sales lost would equate to the following.

796+2,896+2,311+1,129 = 7,132

Bonus Permit Sales Loss

7,132 x .8 = 5,706 x 12 = $68,472

7,132 x .2 = 1,426 x 20 = $28,520

$68,472+$28,520 = $96,992

Free Licenses to CWD Disease Eradication Zone Hunters

The fiscal impact of revenue loss from exempting hunters in CWD zones from having a license could be anywhere between $0 and $2,428,200, depending on how extensive the Department implemented the provision. For the entire herd reduction zone in southwest Wisconsin, the Department estimated the number of hunters in 12 deer management zones based on the average number of deer harvested from those zones for the years 1999 through 2001. The average annual number of hunters in those zones is estimated at a total of 109,000.The average deer hunter success rate from 1999-2001 was 44% The average number of deer harvested per year (47,900) divided by the average harvest success rate (44%) yields the approximate number of licensed hunters per year in the 12 management zones (109,000). Using the following methodology, the Department estimates the loss of revenue for exempting licenses for the entire herd reduction zone to be $2,428,200. Using the same methodology, but exempting licenses only for what is now called the intensive harvest zone would result in an estimated revenue loss of $376,400.

License sales from 1999-2001 were averaged to determine the approximate percentage of deer hunters under the authority of each license type as follows:

9.2% - Resident Patron; 10.0% - Resident Sports; 55.5% - Resident Gun Deer; 19.9% - Resident Archery; 4.5% - Non-resident Gun Deer; .9% - Non-resident Archery.

The total fiscal impact created by free landowner permits can then be calculated by determining the number of each license authority sold based on the 1999-2001 averages.

Resident Patron - For Resident Patron license holders, it is assumed that most patron license buyers would continue to buy the patron license for the other privileges included with the license. However, it is estimated that 5% would stop buying patron licenses and purchase small game and fishing licenses separate, at a loss of $107 per license holder. For this assumption, the Department would lose $53,878.
(109,000 licenses x .092% of license type = 10,071 patron licenses x 5% = 504 x $107 = $53,878)