NOTICE IS HEREBY GIVEN that pursuant to ss.
29.104 (1),
29.041 and
227.11 (2), Stats., interpreting ss.
29.014 (1) and
29.041, Stats., the Department of Natural Resources will hold a public hearing on revisions to chs.
NR 20,
21,
22,
23 and
26, Wis. Adm. Code, relating to sport fishing regulations on the inland, outlying and boundary waters of Wisconsin. The proposed housekeeping and minor noncontroversial revisions were suggested by field and central office staff in the Bureaus of Fisheries Management and Habitat Protection and Law Enforcement. These changes are not expected to have any impact on the fishing public. Instead these changes provide clarity to existing rules and fix minor wording mistakes in the administrative code. The proposed order contains the following revisions:
1. Amends the definitions of bag limit and possession limit in order to clarify that bag limits apply to individual waters or portions of waters and that anglers can fish multiple waters and combine those bag limits up to the total daily bag limit. Creates a definition for total daily bag limit and creates those for all sport fish species based on current statewide daily bag limits.
2. Amends the definition of “trout stream" to clarify it may apply to portions of waters and not the entire water.
3. Clarifies that a sturgeon that is caught and not immediately released must not only be immediately tagged, but that the tag must be validated.
4. Clarifies that underwater spearing of white bass, yellow bass, rock bass, panfish and bullheads by skin or scuba diving are subject to the same seasons, size limits and bag limits that apply to hook and line anglers.
5. Deletes reference to the sale of turtles from ch.
NR 20 because it is now covered by captive wildlife rules and adds a note referring to ch.
NR 19.
6. Clarifies the boundary up to which trolling is allowed on tributaries to Chippewa River flowages in Chippewa and Eau Claire counties by defining an easily observed marker (bridge).
7. Clarifies the downstream boundary for the catch and release only stretch of Black Earth creek, Dane county, by identifying the specific location of “Park Street" as being immediately east of the village of Black Earth.
8. Eliminates unnecessary language referring to sloughs, bayous and flowages of the Chippewa river in Pepin county.
9. Extends the ending date for the trout fishing season on Clarey lake, Crescent lake, Ice House lake and Lower Pine lake in Polk county from September 30 to the first Sunday in March. These trout lakes, which are managed to provide an ice fishery for trout as well as an open water fishery, were inadvertently put in the countywide regulation category for Polk county during the major trout regulation simplification in 2002.
10. Updates the reference to ch.
NR 20 on the use of nets for smelt on the St. Louis river. The current code refers to the section in ch.
NR 20 prior to a major rewrite.
11. Corrects a misprint in the location of a refuge on Squaw creek, Price county.
12. Eliminates a refuge on the Fox river, Marquette county after removal of the dam at which the refuge was located.
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 document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
Monday, April 19, 2004 at 1:00 p.m.
Room 511, 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 Pat Schmalz at (608) 266-8170 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
No fiscal impact is anticipated.
Copies of Rule and Contact Person
Written comments on the proposed rule may be submitted to Mr. Patrick Schmalz, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707 no later than April 21, 2004. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the proposed rule and fiscal estimate may be obtained from Mr. Schmalz.
Notice of Hearings
Natural Resources
(Environmental Protection - WPDES)
NOTICE IS HEREBY GIVEN that pursuant to s.
227.11 (2), Stats., interpreting ss.
283.001,
283.31 and
283.55, Stats., the Department of Natural Resources will hold public hearings on the repeal and recreation of ch.
NR 208, Wis. Adm. Code, relating to wastewater treatment works compliance maintenance. The Compliance Maintenance Annual Report (CMAR), required under ch.
NR 208, has been a self-evaluation reporting requirement for publicly and privately owned domestic wastewater treatment works since 1987. The rule encourages, and, where necessary, provides a mechanism requiring owners of domestic wastewater treatment systems to take actions preventing violations of permit effluent limits and avoiding water quality degradation. The self-evaluation required by the rule effectively encourages actions which promote the owner's awareness and responsibility for wastewater collection and treatment needs; maximizes the useful life of the sewerage system through improved operation and maintenance; and initiates formal planning, design and construction for needed system upgrades. Municipalities use the CMAR as a tool for long-term planning and budgeting for future wastewater treatment needs. The CMAR program reduces the likelihood of enforcement actions because problems are prevented or corrected.
The proposed rule revisions update CMAR requirement so they are consistent with other WPDES and wastewater-related rule changes over the past 10 years. The proposed CMAR rule revisions create a new letter grading system to assess overall performance and operation. A new web-based CMAR form provided by the Department will contain data previously submitted by the owner, thereby helping to streamline the reporting process for both the owner and the Department. Electronic submittal of the CMAR form will be required in 2005 for data gathered during calendar year 2004.
From 1996 through 2000, there were 480 instances in which 162 Wisconsin communities had sanitary sewer overflows into Wisconsin waters without treatment. To help address this problem, approximately 310 collection systems that have been issued a WPDES general permit for these systems will be subject to the CMAR requirements under the proposed rule for the first time.
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 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:
Wednesday, April 14, 2004 at 10:00 a.m.
Room 511, GEF #2 Bldg.
101 South Webster St.
Madison
Thursday, April 15, 2004 at 1:30 p.m.
Rooms 158 and 185
DNR West Central Region Hdqrs.
1300 W. Clairmont, Eau Claire
Thursday, April 15, 2004 at 1:30 p.m.
Room 3
DNR Northern Region Hdqrs.
107 Sutliff Avenue
Rhinelander
Friday, April 16, 2004 at 10:00 a.m.
Brown County Library
2680 Riverview Drive
Green Bay
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 Jack Saltes at (608) 264-6045 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
The rule revisions affect 979 wastewater treatment works permittees. Permittees are required to document the performance of their treatment works by submitting a Compliance Maintenance Annual Report (CMAR) electronically using the Department of Natural Resources' (DNR) web-based form. Approximately 310 sanitary sewer collection systems currently covered by WPDES Bypassing General Permits will be subject to the annual self-evaluation reporting requirements for the first time.
I. LOCAL EXPENDITURES:
One-time computer costs: Some municipalities who do not own a computer may use employee-owned personal computers or library computers to fill out and electronically submit the CMAR. We estimate about 100 permittees who do not have a computer will want to buy a computer.
Estimated costs for the computer, connection/service and training are $1,500 x 100 facilities = $150,000 one time costs related to purchasing a computer.
Annual computer costs: Annualized internet access costs for new computer users to prepare CMAR's are based upon an estimated annual use of one month per year: $360 yr/facility x 100 facilities x 1 month/12 months = $3,000.
CMAR form completion costs: It is estimated it will take the same amount of time for current permittees to fill out the computer CMAR form as the current paper copy form for the first two years of the electronic submittal program. After this two year period, there should be local cost savings because operators will be familiar with the computer form. Third year cost savings are estimated to be 669 current permittees (979 total permittees - 310 collection system permittees) x 2 hrs/permitee x $16.25/hr = $21,743. There will be an annual copying/mailing savings for permittees of $1,243 once electronic submittal is in place: this cost savings will occur during the first year of the program and thereafter.
Beginning January 2006, an estimated 310 municipalities with separate collection systems will be required to complete the CMAR for the first time. We estimate 4 hours to organize data and complete the form. Estimated additional costs for the second year of the program are: 310 facilities x 4/hr facility x $16.25/hr = $20, ISO. After operators become familiar with filling out the form electronically, we estimate 3 hours to organize data and complete the form. Third year costs are estimated to be 310 facilities x 3 hr/facility x $16.25/hr = $15,113.
Operation and Needs Review (ONR): An additional 50 facilities may need to do an Operation and Needs Review (ONR) follow-up to the CMAR form as a result of the rule revisions. We estimate 50 hours to complete the ONR. ONRs can be completed by a consulting firm or the municipality's employees. Estimated annualized costs for the ONR reviews are 50 facilities x 50 hrs/facility x $50/hr = $125,000.
Total local expenditures include a one time cost for computers of $150,000. In addition, first, second and third year cost estimates are as follows:
Local Cost Summary Table
First Year Second Year Third Year
Computer access $ 3,000 $3,000 $3,000
CMAR form completion
savings for current permittees -21,743
CMAR form for collection systems 20,150 15,113
Mailing/Postage savings - 1,243 - 1,243 - 1,243
Operation & Needs Review
preparation (ONR's) 125,000 125,000 125,000
Totals $ 126,757 $ 146,907 $ 120,127
Third year costs represent annualized costs.
II. STATE EXPENDITURES:
CMAR reviews: We estimate it will take the same amount of time for DNR Basin Engineers and Specialists to review and reply to questions regarding the computer CMAR form as the current paper copy form for the first two years of the electronic submittal program. After a two year phase-in period, there will be state cost savings because operators will be more familiar with the computer form and there will be fewer errors requiring follow-up. Third year savings in review time for current facilities is estimated to be 669 facilities x 2 hrs/facility x $25/hr = $33,450.
DNR Basin Engineers and Specialists will review an additional 310 collection system CMAR forms beginning in July 2006. The annualized cost estimate for this activity is 310 facilities x 2 hrs/facility x $25/hr = $15,500.
ONR reviews: We estimate the submittal of an additional 50 Operation and Needs Review (ONR) follow-ups to the CMAR form as a result of the rules revision. Estimated costs for DNR Basin Engineers and Specialists to review the ONRs are 50 ONRs x 10 hrs/ONR x $25/hr = $12,500.
Program Phase-In Staff Assistance to Permittees: We estimate there will be a half hour of DNR staff CMAR form assistance for each facility for the first two years. This estimate also includes one-on-one staff time to work with facilities who have not used a computer. Cost estimates are 979 facilities x 0.5 hr/facility x $20/hr = $9,790 for the first two years of the program. In the third year, this work activity will be eliminated.
Copying/Mailing/Data Entry: Annual costs to print and mail the paper CMAR form are $1,242. A DNR staff person currently enters limited data from CMAR forms into a database at a cost of 312 hrs/yr x $15.50/hr = $4,836. A basin engineer helps reconcile data in the database at a cost of 40 hrs x $301hr = $1,200. Once the web-based CMAR form is available, these tasks will be eliminated resulting in an annual savings of $7,278 ($1,242 + $4,836 + $1,200). These cost reductions will off-set the increases in costs to provide staff assistance to permittees during the first two years.
CMAR form computer programmer maintenance contract costs: There will be a higher first year programming cost to maintain the CMAR web-based form of 350 hours X $65/hr = $22,750. The second year programming cost to maintain the CMAR web-based form is estimated to be 175 hrs x $65/hr = $11,375. Third year annualized costs are 50 hrs x $65/hr = $3,250. Computer maintenance work will be contracted out by the Department.
Summary of First, Second and Third Year State Costs:
DNR Cost Summary Table
First Year Second Year Third Year
CMAR form review savings
for current permittees $ -33,450
CMAR form review for collection
systems $ 15,500 15,500
