Natural Resources
Subject
Objective of the rule. Modification to ch.
NR 10, relating to deer hunting seasons and regulations for the 2006 deer hunting season.
Policy analysis
The Department will be promulgating administrative rules relating to deer hunting seasons and regulations for the 2006 deer hunting season. The primary policy issue and related objective will be to try to reach consensus, primarily amongst the various deer hunting groups in the state, on changes to deer hunting seasons and regulations that will result in increased simplification of regulations, social acceptance of management objectives, and enforceability of regulations without compromising the Department's ability to manage antlerless deer harvest to fulfill the Department's mandate to responsibly manage deer populations at established deer population goals.
Deer Management for 2000 and Beyond was the last and the largest deer management related strategic planning effort initiated by the department to achieve the same objective outlined for the proposed administrative rule order. A majority of the current deer hunting regulations and seasons are a result of Deer 2000. However, the current controversies in Wisconsin related to deer are evidence to the fact that not all the issues surrounding deer management in Wisconsin were solved with Deer 2000, even with the extensive effort put forth to engage the public through the Deer 2000 initiative. Therefore, to expect to reach consensus with this rule order is ambitious and perhaps too optimistic. However, the Department has recently concluded the Department Deer Streamlining Team effort to review current deer seasons and tagging to find ways to reduce complications associated with current seasons while retaining herd control. The recommendations from this team along with results from the 2005 Spring Hearings and previous guidance from the Natural Resources Board will be considered when drafting the proposed 2006 deer hunting season rules.
Statutory authority
Staff time required
Approximately 785 hours will be needed by the department to develop the rule prior to and following the hearings.
Entities affected by the rule
The groups specifically interested in this rule process include the various deer hunting groups in the state which represent gun, bow and muzzleloader deer hunters, conservation groups such as the Conservation Congress and the Wisconsin Wildlife Federation, and other groups such as the tribes in the ceded territory, non-hunting recreationists, farmers, foresters, motorists and private landowners.
Comparison with federal requirements
Federal regulations allow states to manage the wildlife resources located within their boundaries provided they do not conflict with regulations established in the Federal Register. None of these rule changes violate or conflict with the provisions established in the Federal Code of Regulations.
Natural Resources
Subject
Objective of the rule. The objective of the rule is to establish formula-driven commercial harvest limits for yellow perch from Lake Michigan and Green Bay. Such limits would allow harvest limits to rise and fall as objective indices of fish abundance rise and fall. This will 1) remove the need for controversial and divisive rule-making to increase or cut harvest limits, 2) produce timely reductions in harvests when fish populations decline, and 3) will allow rapid increases in harvests when fish populations recover. Adjustments to daily sport fishing bag limits for yellow perch from Green Bay and Lake Michigan may be included in the rule that is proposed.
Policy analysis
The proposed rule is a change from current practice in which harvest limits are made on a case-by-case basis as fish populations increase or decline, but would not represent a change in policy. NR 1.04 (Great Lakes fisheries management) states, “Management measures may include but are not limited to seasons, bag and harvest limits, limitations on the type and amount of fishing gear, limitations as to participation in the fisheries and allocations of allowable harvest among various users and the establishment of restricted areas."
Statutory authority
ss 29.041, 29.014 (1), 29.519 (1), and 227.11 (2) (a), Stats.
Staff time required
The Lake Michigan Fisheries Team will develop the rule. The Great Lakes Fisheries Specialist, working with a DNR attorney will develop options for consideration by the LMF. It is estimated that the Great Lakes Fisheries Specialist will devote 40 hours to rule development, the DNR attorney will devote five hours the problem, and the LMFT will devote six hours of meeting time to the issue.
Comparison with federal requirements
None applicable.
Entities affected by the rule
The rule will affect commercial fishers directly and sport fishers indirectly.
Natural Resources
Subject
Objective of the rule. Approval of a limited revision to NR 118, Wis. Adm. Code, standards for the Lower St. Croix National Scenic Riverway.
Policy analysis
The proposed modification will change the riverway management zone designation for two small portions of the riverway. These locations are within the Village of Osceola and the City of St. Croix Falls. The designation is proposed to be changed from Small Town Historic Management to River Town Management. The major rule revision completed in August 2004 created 5 management zones to prescribe management of the riverway based on maintaining the character of each of these zones. This was intended to provide flexibility in management based on maintaining and protecting current uses. Upon further review it is clear these management zone designations in Osceola and St. Croix Falls need to be modified to recognize the existence of a significant number of businesses in these areas. This will allow these uses to continue under a permit process as they have since the rule was initially developed, without requiring a conditional use permit process for each proposed new business or modification of an existing business.
If this proposed change does not occur these communities will be required to manage businesses as conditional uses in these areas which means a significant increase in administrative time and costs to conduct this additional step in the permit process. This change will not negatively impact riverway protection. Other provisions within the rule maintain protection for the riverway.
Statutory authority
Section 30.27 Stats., Lower St. Croix River preservation.
Staff time required
3 weeks.
Comparison with federal requirements
This rule revision was developed to implement P.L.
90-560, Lower St. Croix river act of 1972.
Natural Resources
Subject
Objective of the rule. Creation of Appendix DDDDD in ch.
NR 460 and ch.
NR 462 to incorporate national emission standards for hazardous air pollutants (NESHAP) for industrial, commercial and institutional boilers and process heaters. Other chapters may be amended, if germane and appropriate, to accomplish the actions described above.
Policy analysis
There are no policy issues to be resolved.
The US EPA promulgated the NESHAP for industrial, commercial and institutional boilers and process heaters on September 13, 2004 (
40 CFR Part 63, Subpart DDDDD). The NESHAP establishes maximum achievable control technology (MACT) requirements for industrial, commercial and institutional boilers and process heaters. This action incorporates the boiler NESHAP into the Wisconsin Administrative Code.
Section
285.27 (2), Stats.
, requires the Department to promulgate NESHAP by rule. In addition, since this NESHAP affects more than ten facilities in Wisconsin, promulgation into state rule is consistent with the MACT Streamlining Policy approved by the Natural Resources Board in 1996.
Statutory authority
Staff time required
About 400 hours of Department staff time will be needed to develop these rules.
Comparison with federal requirements
As noted above, the federal NESHAP for industrial, commercial and institutional boilers and process heaters is an existing federal regulation. While some changes to the federal rule language and organization will be necessary to accommodate state administrative rule format, no substantial changes will be made, and the state rule will be essentially identical to the federal NESHAP.
Entities affected by the rule
The NESHAP for industrial, commercial and institutional boilers and process heaters will affect about 215 facilities statewide. All affected and potentially affected sources have been or will be notified and informed about the existing federal NESHAP regulation and about this rule making.
Transportation
Subject
Objective of the rule. 1989 Wisconsin Act 105 was enacted by the Legislature on December 7, 1989. The Act established a classified driver license system and implemented the federal commercial motor vehicle safety act (CMVSA) of 1986. The federal CMVSA contained written guidelines on commercial driver license waiver applicability, but was not initially codified. This state's codified waivers in s.
343.055, Stats., and ss.
Trans 102.20 and
102.22 were crafted to meet the terms of these uncodified federal regulations.
Between March 8, 1996, and October 2, 2002, the U.S. DOT amended
49 CFR 383.3 to codify those exemptions and create new exemptions. These codifications slightly modified a number of the federal waivers. This rule making is intended to examine the codified federal CDL waivers and amend Wisconsin's CDL waivers so that, where appropriate, they more closely match the federal waivers.
Section
343.055 (5), Stats., requires the Department to consider adopting all newly promulgated CDL waivers by administrative rule. This rule making will consider all waivers that were uncodified or that did not exist as of May 12, 1992, and determine whether Wisconsin should adopt them. Waivers granted prior to May 12, 1992, may not be adopted by Department rule making under s.
343.055(5), Stats.
Policy analysis
49 CFR part 383.3(d)(2) exempts individuals from the commercial driver's license (CDL) requirements who are firefighters and other persons who operate CMVs that are necessary to the preservation of life or property or the execution of emergency governmental functions, are equipped with audible and visual signals, and are not subject to normal traffic regulations. These vehicles include fire trucks, hook and ladder trucks, foam or water transport trucks, police SWAT team vehicles, ambulances, or other vehicles that are used in response to emergencies.
Wisconsin has, by statute, waived CDL requirements for fire trucks and rescue squad members. s.
343.055 (1) (b) and
(h), Stats. Wisconsin does not currently exempt operators of police SWAT team vehicles, ambulances, command post vehicles or other emergency vehicles from CDL requirements. This rule making will consider whether to waive drivers of such vehicles from CDL requirements.
Wisconsin has adopted federal farm service driver and snowplow driver CDL waivers. These waivers have, however, been amended by the federal government in the codification process. Wisconsin will consider whether to amend its rules to parallel the federal waiver.
The federal government also waives CDL requirements for certain drivers hauling explosives. The Department has not been petitioned to adopt this waiver in Wisconsin and does not expect to adopt a similar waiver in this state. In this rule making, DOT will consider whether to adopt that waiver in Wisconsin.
Comparison with federal requirements
Current federal regulations under part
49 CFR part 383.3(d) exempt drivers of police SWAT team vehicles, ambulances and command post type vehicles from holding a CDL license. They also provide waivers for farm service employees, snowplow drivers and pyrotechnics transporters. This rule making will consider whether and to what extent to adopt the federal CDL waivers codified at
49 CFR 383.3.
Entities affected by the rule
Wisconsin law enforcement personnel, emergency management personnel and fire department staff may be affected by the rule making and exempted from CDL licensing requirements.
Small changes to the emergency snowplow and farm service industry waiver exemptions are not expected to affect those drivers or the industries they serve.
Not adopting the federal pyrotechnics industry waiver would maintain today's driver licensing status quo and would therefore not affect that industry.
Statutory authority
Staff time required
30 hours.
Transportation
Subject
Objective of the rule. Ch.
Trans 200, relating to specific information signs (SIS), will be amended to adopt new flexibility allowing up to three business categories to be displayed on one SIS.
Policy analysis
Change current restriction from two categories per sign to maximum of three.
Comparison with federal requirements
Consistent with recent federal change incorporated into the Section 2F.02 of the Manual of Uniform Traffic Control Devices (MUTCD). No more than three types of services shall be represented on any sign or sign assembly. If three types of services are shown on one sign, then the logo panels shall be limited to two for each service (for a total of six logo panels). The legend and logo panels applicable to a service type shall be displayed such that the road user will not associate them with another service type on the same sign. No service type shall appear on more than one sign.
The Department has adopted the 2003 edition of the MUTCD along with the February 4, 2005 Wisconsin Supplement, effective as of that date (2/4/05).
Entities affected by the rule
Businesses eligible to participate in the SIS program where limitations on sign sites or lack of other market opportunities prevent participation due to space limitations.
Statutory authority
Staff time required
8 hours.
