Rule-Making Notices (Hearing Notices)

•   Clarifies current grain warehouse record keeping requirements (this rule does not add major new record keeping requirements).

This rule will not have a significant adverse economic impact on small business. Therefore, it is not subject to the delayed small business effective date provision in s. 227.22 (2) (e), Stats.

Under 2003 Wis. Act 145, DATCP and other agencies must adopt rules spelling out their rule enforcement policy for small businesses. DATCP has not incorporated a small business enforcement policy in this rule, but it will propose a separate rule on that subject. DATCP will, to the maximum extent feasible, seek voluntary compliance with this rule.

Wisconsin's Security Program

Wisconsin has an agricultural producer security program for grain, milk and vegetables. The Wisconsin legislature has spelled out detailed statutory requirements for grain dealers, grain warehouse keepers, milk contractors and vegetable contractors (ch. 126, Stats.). Contractors must be licensed by DATCP, and most contractors must contribute to an agricultural producer security fund administered by DATCP. A few contractors must also file security with DATCP.

Federal Programs

There is no federal producer security program related to milk. The U.S. department of agriculture (USDA) administers a producer security program for federally licensed grain warehouses that store grain for producers. Grain warehouses may choose whether to be licensed under state or federal law. Federally-licensed warehouses are exempt from state warehouse licensing and security requirements. State-licensed warehouses are likewise exempt from federal requirements.

The federal grain warehouse program provides little or no protection against financial defaults by grain dealers. Grain dealers are persons who buy and sell grain. Sometimes, grain dealers also operate grain warehouses. DATCP currently licenses grain dealers. Licensed warehouse keepers must also hold a state grain dealer license if they engage in grain dealing.

USDA proposes to regulate grain dealer activities (grain “merchandising") by federally licensed warehouse keepers, to the exclusion of state regulation. But USDA has not yet finalized its regulations. In any case, the federal regulations would not apply to state-licensed grain warehouses, or to grain dealers who do not operate a warehouse.

There is a federal security program for vegetables. This security program is mainly limited to fresh market vegetables, and consists of a priority lien against vegetable-related assets. Wisconsin's vegetable security program applies only to processing vegetables (not fresh market vegetables covered by federal regulations). There may be some limited overlap between the Wisconsin and federal programs (the overlap may be justified because the scope of federal coverage is not entirely clear).

State Comparisons

In Minnesota, contractors must be licensed to procure grain, milk or processing vegetables from producers, or to operate grain warehouses. Regulated contractors must file bonds as security against default.

Neither Iowa nor Illinois have producer security programs for milk or vegetables. However, both states maintain indemnity funds to protect grain producers. Fund assessments are based solely on grain volume. In Wisconsin, by contrast, fund assessments are based on grain volume and financial condition.

Michigan has the following producer security programs:

•   Potato dealers must be licensed, and must post bonds as security against defaults. (Wisconsin's vegetable security program includes, but is not limited to, potatoes.)

•   Dairy plants that fail to meet minimum financial standards must file security or pay cash for milk.

•   Grain producers have the option of paying premiums into a state fund. In the event of a grain default, the fund reimburses participating producers.

Agency Contact

Questions or comments related to this rule may be sent to the following address:

Dept. of Agriculture, Trade and Consumer Protection
Trade and Consumer Protection Division
Bureau of Trade Practices
P.O. Box 8911
Madison, WI 53708-8911

Attn.:   Kevin LeRoy
Telephone:   [phone]
E-Mail:   [e-mail]

Notice of Hearing

Natural Resources

(Fish, Game, etc., Chs. NR 1—)

[CR 05-073]

NOTICE IS HEREBY GIVEN that pursuant to ss. 29.014 (1) and 227.11 (2) (a), Stats., interpreting ss. 29.041 (1), 29.192 and 29.237, Stats., the Department of Natural Resources will hold a public hearing on revisions to ss. NR 20.10 and 20.20, Wis. Adm. Code, relating to regulations for the Lake Winnebago sturgeon spearing season. The proposed rule contains the following changes to the Lake Winnebago system sturgeon spearing rules:

1. Upriver lakes: creates a random-permit drawing system for an annual sturgeon spear fishery on the upriver lakes beginning in 2007.

2. “Fast start" season 100% closure trigger: beginning in 2006, allows the spearing season to be closed at the end of a spearing day should any one of the three harvest caps (juvenile females, adult females, males) be reached or exceeded that day.

3. “Slow finish" season 90% closure trigger: beginning in 2006, increases the season closure trigger from 80% to 90%.

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:

August 17, 2005   Meeting Room A
Wednesday at 7:00 p.m.   Winnebago Co. Coughlin Bldg.
    625 E. County Rd. Y
    Oshkosh

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Joe Hennessy at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Estimate

This rule calls for implementation of a random permit-drawing system to distribute sturgeon spearing licenses for Lakes Poygan, Winneconne, and Butte des Morts (the “Upriver Lakes") in the Lake Winnebago System. This drawing system will enable the Department to create an annual, limited-access sturgeon spear fishery in the Upriver Lakes while preserving the traditional open-access sturgeon spear fishery in Lake Winnebago. Currently the upriver lakes are only open to spearing every 5th year.

There are developmental costs associated with creating the application form, modifying the ALIS system to incorporate permit applications, and tools to track and recall permit application status ($10,000, based on Bureau of Customer Service and Licensing estimates). Cost estimates for creating a drawing system, maintaining the applicant database and conducting the annual drawing are expected to be approximately $1120 for creation (40 hours time, Staff Specialist $28/hour) and $1120 annually for maintenance and conducting the drawing (40 hours time, Staff Specialist).

A $3 application fee will be charged to each applicant who makes an Upriver Lakes permit request. This fee will recoup the costs of permit and license issuance; estimates are based on 2000 applications annually ($6000 revenue, $6000 expense). Postcards ($0.50/ ea, including printing, postage, and handling) will be sent to approximately 800 successful applicants annually ($400). Sturgeon spearing carcass tags are $20 for both Lake Winnebago and the Upriver Lakes. Development, implementation, and maintenance of the permit-drawing system will be paid for by sturgeon license funds.

Written Comments and Copy of Rule

The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Joe Hennessy, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until August 23, 2005. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearing. A personal copy of the proposed rule and fiscal estimate may be obtained from Mr. Hennessy.

Notice of Hearing

Natural Resources

(Fish, Game, etc., Chs. NR 1—)

[CR 05-074]

NOTICE IS HEREBY GIVEN that pursuant to ss. 29.014 (1), 29.041, 29.547 (8) (a) and 227.11 (2) (a), Stats., interpreting ss. 29.041, 29.014 (1) and 29.537 (8) (a), Stats., the Department of Natural Resources will hold public hearings on the amendment of s. NR 24.06 (1) (a) and (b), Wis. Adm. Code, relating to closing the open seasons for commercial clamming on the Wisconsin-Iowa boundary waters and the Mississippi River portion of the Wisconsin-Minnesota boundary waters. Wisconsin's commercially harvestable native freshwater mussel stocks are in significant decline, especially in waters infested with zebra mussels. Surveys done since 1998 in river reaches where mussels were historically harvested have demonstrated extreme reductions in population densities and near absence of recruitment. These recent stock reductions compound reductions documented since 1980 from commercial overharvest and mussel kills. No commercial licenses have been sold since 2001 when a single license was sold.

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 hearings will be held on:

August 16, 2005   Robers Room
Tuesday at 11:00 a.m.   Todd Wehr Memorial Library
  815 S. 9th Street
  La Crosse

August 16, 2005   Conference Room #2
Tuesday at at 5:00 p.m.   City Hall
  214 E. Blackhawk
  Prairie du Chien
  (Use back entrance)

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Joe Hennessy at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Estimate

No commercial clam shelling licenses have been sold since 2001. The official closure of the commercial clam shelling season will have no fiscal impact on state or local government revenues or expenditures.

Written Comments and Copy of Rule

The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Joe Hennessy, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until September 1, 2005. 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. Hennessy.

Notice of Hearing

Natural Resources

(Fish, Game, etc., Chs. NR 1—)

[CR 05-071]

NOTICE IS HEREBY GIVEN that pursuant to ss. 23.09 (2) and 227.11, Stats., interpreting ss. 23.09 (2) and 227.11 (2) (a), Stats., the Department of Natural Resources will hold a public hearing on revisions to ch. NR 58, Wis. Adm. Code, relating to the implementation and administration of grants for endangered resources, including the Landowner Incentive Program grants. The Landowner Incentive Program, funded through a grant from the U.S. Fish and Wildlife Service, will provide technical and financial assistance to private landowners with federally listed, state listed or other at-risk species and rare or declining natural communities on their land. The ultimate goal of the program is to support the recovery of these rare species and natural communities and to prevent their further decline.

Chapter NR 58, subch. III is created to establish this new program. The program is intended for management, restoration and protection of private land with habitat for at-risk species. At-risk species are defined by the Department to include species listed as endangered, threatened, candidate or special concern at the state or federal level; species identified by the Comprehensive Wildlife Conservation Plan; or species otherwise determined by the state to be in decline. The new program will provide a 25% cost-share to private landowners and organizations who meet the criteria of the 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:

August 23, 2005   Gathering Waters Conference Room
Tuesday at 6:00 p.m.   DNR 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 information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Jennifer Bardeen at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Written Comments and Copy of Rule

The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Ms. Jennifer Bardeen, Bureau of Endangered Resources, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until August 25, 2005. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearing. A personal copy of the proposed rule and fiscal estimate may be obtained from Ms. Bardeen.

Notice of Hearing

Natural Resources

(Fish, Game, etc., Chs. NR 1—)

[CR 05-053]

NOTICE IS HEREBY GIVEN that pursuant to s. 227.11 (2) (a), Stats., interpreting s. 23.33 (2) (b) 5., Stats., the Department of Natural Resources will hold a public hearing on the creation of s. NR 64.03 (10), Wis. Adm. Code, relating to an all-terrain vehicle (ATV) registration exemption. 2003 Wisconsin Act 251 created s. 23.33 (2j), Stats., that requires all out-of-state ATVs not registered in Wisconsin to display a nonresident trail pass. Prior to operating an ATV in Wisconsin, current law requires all ATVs to be registered in Wisconsin unless exempted. The proposed rule for a registration exemption is necessary because s. 23.33 (2j), Stats., mandating the display of a nonresident trail pass did not address nonresident concerns whose home state, such as Illinois and Michigan, did not have an ATV registration program. The proposed rule will also require that the nonresident trail pass be permanently affixed to the forward half of the ATV in manner that is visible at all times.

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:

September 8, 2005   Video conference participation is Thursday at 10:00 a.m.   available at:

    Room 8F, State Office Building
    101 E. Wilson Street
    Madison

    Room 220, UW Marathon Center
    518 South 7th Avenue
    Wausau

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Karl Brooks at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Estimate

This fiscal estimate is based on a proposed ATV registration exemption rule that would affect out of state ATV operators who bring nonresident ATVs (specifically Michigan and Illinois) to Wisconsin. Instead of requiring the display of a home-state registration, the rule would require the nonresident ATV to display only a Wisconsin nonresident trailpass on the machine, unless they opted to continue to register the ATV in WI.

Currently, nonresident ATV operators from Michigan and Illinois are required to register their machines in WI because of a legal requirement stemming from an irregularity in the law. If the states of Michigan and Illinois had a registration program, the residents of those states would not be affected by the irregularity. However, because of the irregularity, those ATVers cannot simply ride their ATVs in Wisconsin displaying only a nonresident trailpass, and at this time, the purchase of a nonresident trail pass by Michigan or Illinois ATVers is a cost that affords no legal riding benefit.

The rule change could affect Wisconsin's registration of 9,218 ATVs from Illinois and 367 ATVs from Michigan. The combined total of Wisconsin registered ATVs from those states is 9,585. Each Wisconsin registration costs $30 for a two-year period, which generates $287,550 biennially. Since all ATV registrations don't expire at the same time every two years, only about 50% of the 9,585 registrations expire annually, or 4,793 registrations, which equals $287,550 and $143,775 respectively. The proposed rule could initially be viewed as a negative impact to the registration program; however, those machines not registering in WI would in turn be required to display a nonresident trail pass. The cost of a nonresident trail pass costs $18 annually.

Written Comments and Copy of Rule

The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Karl Brooks, Bureau of Law Enforcement, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until September 16, 2005. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearing. A personal copy of the proposed rule and fiscal estimate may be obtained from Mr. Brooks.

Notice of Hearing

Natural Resources

(Fish, Game, etc., Chs. NR 1—)