Rule-Making Notices (Hearing Notices)

Comparison with similar rules in adjacent rules: N/A

Existing or proposed federal legislation: N/A.

Fiscal Estimate

The Department of Regulation and Licensing will incur $500 in costs to print and distribute the rule change.

Private Sector Fiscal Impact

The department has determined that this rule will have no significant fiscal effect on the private sector.

Initial Regulatory Flexibility Analysis

These proposed rules will have no significant economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.

Copies of Rule and Contact Person

Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 [phone]

Notice of Hearing

Natural Resources

(Fish, Game, etc.)

[CR 04-111]

NOTICE IS HEREBY GIVEN that pursuant to ss. 29.014, 29.041, 29.4035 and 227.11 (2), Stats., interpreting ss. 29.014, 29.041, 29.403 and 29.4035, Stats., the Department of Natural Resources will hold a public hearing on repealing and recreating ss. NR 20.20 (53) (f) and (63) (c), Wis. Adm. Code, relating to trout fishing on the Pine River and Melancthon Creek in Richland and Vernon Counties. In response to a citizen petition, the Department is proposing this rule to change the Richland and Vernon county trout fishing regulation of the Pine river (uppermost STH 80 bridge upstream to CTH CH in the Village of Yuba) from catch and release to 3 trout bag limit and 9-inch size limit. It also changes the regulations on Melancthon creek from catch and release with artificial lures on the whole stream for all trout to allow the harvest of 5 trout in total, only 3 of which can be brook trout. Brown or rainbow trout must be over 7 inches while brook trout must be between 6 and 9 inches. Anglers can use bait downstream of STH 80, but can only use artificial lures upstream from STH 80.

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. The Department's Small Business Regulatory Coordinator may be contacted at:
[e-mail] or by calling [phone].

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:

Thursday, November 11, 2004 at 7:00 p.m.

County Courtroom, Richland Co. Courthouse

181 W. Seminary

Richland Center

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

Fiscal Estimate

There is no fiscal impact.

The proposed rule may be reviewed and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. Mail to Mr. Steve Hewett, Bureau of Fisheries management and Habitat Protection, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until November 17, 2004 Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Mr. Hewett.

Notice of Hearing

Natural Resources

(Fish, Game, etc.)

[CR 04-112]

NOTICE IS HEREBY GIVEN that pursuant to ss. 29.014 (1), 29.403, 29.4035 and 227.11 (2), Stats., interpreting ss. 29.014 (1), 29.403 and 29.4035, Stats., the Department of Natural Resources will hold a public hearing on amending s. NR 20.40 (6)(d) and creating s. NR 20.40 (am) and (d) and (6m), Wis. Adm. Code, relating to bass fishing tournaments. The passage of 2003 Wisconsin Act 249 requires the Department to promulgate rules to establish a program to authorize and regulate fishing tournaments. In addition, Act 249 establishes a bass fishing tournament pilot program that creates a study in which the sorting/culling of bass by tournament anglers in 4 permitted bass tournaments per year is allowed and the impacts evaluated. Act 249 requires that the Department create, by rule, live well standards that all pilot program boats must meet to be considered for the program. Recommended live well standards include:

1. The live well must be an original manufactured part of the boat and have a capacity of at least 25 gallons;

2. The live well must be in working condition and its operation must be demonstrated prior to fishing in the tournament;

3. The live well must be capable of continuously pumping freshwater into it;

4. The live well must be capable of holding, recirculating and aerating water.

The pilot program and the live well standards sunset on December 31, 2006.

In addition, based on public comments, the Department may make additional changes to existing tournament rules, including but not limited to allowable length of tournaments, to accommodate the 2 year pilot tournament program.

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. The Department's Small Business Regulatory Coordinator may be contacted at:
[e-mail] or by calling [phone].

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:

Thursday, November 11, 2004 at 7:00 p.m.

Gathering Waters Room, South Central Region Hdqrs.

3911 Fish Hatchery Road

Fitchburg

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

Fiscal Estimate

None anticipated.

The proposed rule may be reviewed and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. Mail to Mr. Pat Schmalz, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until November 18, 2004. Written comments whether submitted electronically or by U.S. Mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Mr. Schmalz

Notice of Hearing

Natural Resources

(Environmental Protection - Solid Waste Management)

[CR 04-113]

NOTICE IS HEREBY GIVEN that pursuant to ss. 289.05 (1), 289.06 (1), 289.07 (1) and 287.03 (1) and (2), Stats., interpreting ss. 287.09 (2) (a), 287.11, 287.27, 289.35 and 289.55, Stats., the Department of Natural Resources will hold public hearings on revisions to chs. NR 500, 502 and 544 and the repeal of ch. NR 545, Wis. Adm. Code, relating to recycling. The intent of the proposed revisions is to eliminate obsolete language and references, to confirm the original intent and scope of rules through clarification of rule language and definitions and to update certain provisions to reflect changes in recycling methods and technology. Chapter NR 545 which addresses out-of-state units with an effective recycling program is repealed. The proposed revisions include:

Technical edits – All references to recycling requirements for out-of-state units and volume based fee systems are eliminated. Also eliminated are references to obsolete sections of statutes and code and to dates that are long past.

Code updates – Other revisions are proposed to clarify the original intent and scope of recycling requirements by state law and under local ordinance, to address changes to recycling collection and processing systems, and to ensure that materials recovery facilities are operated and maintained in a manner so as to protect the environment and human health.

NR 500 – Definitions are revised to be consistent with statutory definitions or to add clarity.

NR 502 – Language is added to ensure that transfer and solid waste processing facilities are maintained and operated in a manner so as to protect the environment and human health, and eliminate exemptions for handling of waste tires. Language is added to ensure that recycling services inform their clients of recycling requirements under state and local law.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., the proposed rules may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:

a. Types of small businesses affected: Recycling collection and processing systems, and transfer and solid waste processing facilities

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

c. Description of professional skills required: No new skills

The Department's Small Business Regulatory Coordinator may be contacted at:
[e-mail] or by calling [phone].

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, November 15, 2004 at 10:00 a.m.

Video conference participation will be available at

Room 139, State Office Building, 718 W. Clairemont Ave., Eau Claire

Room 618, State Office Building, 200 N. Jefferson St., Green Bay

Pyle Center, 702 Langdon Street, Madison

Room 98, State Office Building 819 N. 6th Street, Milwaukee

Conference Room, DNR Region Office, 810 W. Maple, Spooner

Room CCC124, Communications Arts Center, 1101 Reserve St., 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 Cynthia Moore at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Estimate

The only revision which will have a minor state fiscal impact is the requirement for waste tire processors to obtain an approval for plan of operation. We estimate this will cost the department approximately $500 in salary for plan review and approvals.

The proposed rule may be reviewed and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. Mail to Ms. Cynthia Moore, Bureau of Waste Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until November 29, 2004. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Ms. Moore.

Notice of Hearing

Regulation and Licensing

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Regulation and Licensing in s. 227.11 (2), Stats., and ss. 440.99, 440.991, 440.915, 440.992, 440.9925, 440.993, 440.9935, 440.994, 440.9945, 440.995, 440.9955, 440.996, 440.9975, 440.998 and 440.999, Stats., as created by 2003 Wisconsin Act 150, and interpreting Chapter 440, Subchapter XII, the Department of Regulation and Licensing will hold a public hearing at the time and place indicated below on an order adopting emergency rules to create chapters RL 150-154, relating to the licensure and regulation of athlete agents.

Hearing Date, Time and Location

Date:   November 12, 2004

Time:   10:00 a.m.

Location:   1400 East Washington Avenue

  Room 179A

  Madison, Wisconsin

Appearances at the Hearing

Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by November 22, 2004, to be included in the record of rule-making proceedings. Analysis prepared by the Department of Regulation and Licensing.

Analysis

Statutes authorizing promulgation: s. 227.11 (2), Stats., and ss. 440.99, 440.991, 440.915, 440.992, 440.9925, 440.993, 440.9935, 440.994, 440.9945, 440.995, 440.9955, 440.996, 440.9975, 440.998 and 440.999, Stats., as created by 2003 Wisconsin Act 150.