Comparison to federal regulations
The proposed rules are affected by
21 CFR 200-
299,
21 CFR 1300-
1302, and
21 CFR 1304-
1308. These regulations constitute the Food and Drug Administration (FDA) and Drug Enforcement Agency (DEA) regulations that will affect the type of medications that can to be donated to the cancer drug repository.
Natural Resources
Subject
Rule affecting Ch.
NR 10 pertaining to the modification of Deer Management Unit (DMU) population goals and boundaries.
Policy analysis
Wisconsin Deer herds are managed separately in 135 DMUs. These units generally have recognizable boundaries, are large enough for herd monitoring, and encompass areas of similar land use. Population goals are prescribed for each management unit. These goals describe the number of deer per square mile of deer range during winter. Deer population goals are based on considerations of ecological, social, economic, and management capability issues. They are formed following considerable public input on all of these issues. Therefore, deer population goal decisions reflect the Ecosystem Management Model adopted by the Natural Resources Board, where socio-economic, ecological and institutional factors are all weighted together.
Deer unit boundaries and goals are reviewed every 3 years according to the Wis. Adm. Code (s.
NR 10.104 (3)) requirements and Voigt case (Chippewa treaty rights) stipulations. However, given the constraints placed on agency resources due to CWD and the budget shortfall, the Department, in consultation with the Wisconsin Conservation Congress and Great Lakes Indian Fish and Wildlife Commission (GLIFWC) recommended a limited unit review in 2004.
The Conservation Congress, GLIFWC, and the Department determined which DMUs were selected for goal or boundary changes. The Department has evaluated the need for deer population goal reviews based on the following criteria: 1) Intolerable level of agricultural damage when at goal; 2) Ability for of hunters to harvest enough deer to keep the population at the goal level; 3) Hunter demand for antlerless permits; 4) Vehicle-deer accident rate; and 5) Hunter buck harvest success rate.
Statutory authority
Staff time required
Approximately 263 hours will be needed by the department.
Comparison to federal regulations
Provided state rules and statutes do not relieve individuals from the restrictions, requirements and conditions of Federal statutes and regulations, the regulation of hunting and trapping of native species has been delegated to state fish and wildlife agencies. None of the proposed rules exceed the authorities granted the states in
50 CFR 10.
Entities affected by the rule
Deer affect nearly every Wisconsin citizen's life in some way. Many of these effects are significant from a recreational, economic, and/or social perspective. We expect controversy with Department recommendations for deer management unit goals, because no one goal can satisfy the concerns of all stakeholders. We particularly expect dissatisfaction from the hunting community and farming community in some units as some goals will not keep deer herds as abundant as hunters would like and others will not go far enough to address the concerns of farmers experiencing crop damage. We also expect controversy where Department recommendations are not identical to those developed by people attending the local hearings. In addition, controversy is expected where the department is not recommending unit boundary modifications preferred by those attending the hearings.
Transportation
Subject
Rule will amend ch.
Trans 28 by expanding eligibility for Harbor Assistance Program (HAP) grants to private owners of harbor facilities.
Policy analysis
2003 Wisconsin Act 208 expands the eligibility for program grants to private owners of harbor facilities. Section
85.095 (1) (a), Stats., was amended to define eligible applicant for a HAP grant to include a person who owns a harbor facility. Section
85.095 (5), Stats., was created to cause private owners of harbor facilities that receive HAP grants to hold the facilities benefiting from the grant open to public access for at least 10 years. This rule making will bring ch.
Trans 28 into compliance with the statutory changes.
Statutory authority
Staff time required
Approximately 160 hours.
Comparison to federal regulations
None.
Transportation
Subject
Objective of the rule. This rule making will amend ch.
Trans 129, relating to motorcycle licensing and courses, by changing the time required for the Experienced Rider Course (ERC) from the existing eight (8) hours to five (5) hours as prescribed in the new ERC curriculum developed by the Motorcycle Safety Foundation.
Policy analysis
Currently the rule requires that the ERC course shall consist of at least 8 hours of instruction which includes both classroom and range instruction. The new curriculum is 5 hours in length and uses discussion on the range rather than in a classroom setting. Shorter courses are more efficient and allows more courses to be run, thus reducing the student waiting lists at training sites.
Comparison to federal regulations
None.
Statutory authority
Staff time required
Approximately 40 hours which includes time for preparing paperwork, attending meetings and/or hearings.
