There may be increased state costs up to $2,400.
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. Keith Warnke, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until October 21, 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. Warnke.
Notice of Hearing
Natural Resources
(Fish, Game, etc.)
NOTICE IS HEREBY GIVEN that pursuant to ss.
29.014 (1),
29.041,
29.519 (1) (b) and
227.11 (2) (a), Stats., interpreting ss.
29.014 (1),
29.041 and
29.519 (1), Stats., the Department of Natural Resources will hold public hearings on amendments to ss.
NR 20.20 (73) (j) 1. a. and
3. a. and
25.06 (2) (b) 1., Wis. Adm. Code, relating to sport and commercial fishing for yellow perch in Green Bay. The proposed rule increases the sport fishing bag limit for yellow perch from 10 to 25 fish and increases the annual total allowable commercial harvest from 20,000 pounds to 60,000 pounds. It also eliminates the sunset clause.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., the proposed rule may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:
a. Types of small businesses affected: Commercial perch fishers in Green Bay
b. Description of reporting and bookkeeping procedures required: No new or revised procedures
c. Description of professional skills required: No new skills
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, October 12, 2005 at 1:30 p.m.
Council Chambers, City Hall
331 French Street
Peshtigo
Mary Ann Cofrin Room 208
UW-Green Bay, 2420 Nicolet Drive
Green Bay
at 5:30 p.m.
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 Bill Horns at (608) 277-8782 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
No state or local government impact is anticipated.
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. Bill Horns, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until October 21, 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. Horns.
Notice of Hearing
Natural Resources
(Fish, Game, etc.)
NOTICE IS HEREBY GIVEN that pursuant to ss.
77.82 (2m) (am),
(3) (g) and
(7) (c) 3. and
227.11 (2) (a), Stats., interpreting s.
26.38 and subch.
VI of ch. 77, Stats., the Department of Natural Resources will hold a public hearing on revisions to ch.
NR 46, subch. III and ch.
NR 47, subch. VII, Wis. Adm. Code, relating to administration of the Managed Forest Law and the Wisconsin Forest Landowner Grant Program.
2005 Wis. Act 25 (05/07 budget bill) made revisions to subch.
VI of ch. 77, Stats., related to Managed Forest Law (MFL) application fees, the authority of the Department to decline to prepare a MFL management plan for enrollment, and a fee to be collected if the Department agrees to prepare the MFL management plan. The changes to statute are aimed at encouraging landowners to seek qualified private foresters (Independent Certified Plan Writers) to prepare their plans thereby freeing up some department foresters' time which can be redirected to critical unmet needs. Certain changes, including the plan preparation fee, apply to petitions received beginning June 1, 2005. This was prior to the July 1, 2005 petition deadline.
The proposed rule changes are directed to accommodate the changes in
2005 Wis. Act 25 and modify the Wisconsin Forest Landowner Grant Program (WFLGP) to address the increased demand to the state's cost share program for management plan preparation. The cost share rate for all practices will be reduced from a maximum of 65% down to 50% in order to extend the available funds and meet other critical forestry needs.
The rules proposed for Managed Forest Law program will:
1. Develop a MFL referral program in which all MFL petitions are referred to Independent Certified Plan Writers (ICPW) for plan preparation. If no offer is made within 45 days, the Department may agree to prepare the plan.
2. Establish a plan preparation fee (PPF) for plans that the department agrees to prepare for enrollment. The formula for the PPF would be established in code and would be a statewide PPF.
3. Modify deadline for draft plan to be submitted as a qualification for the May 15th application deadline.
4. Define Independent Certified Plan Writer.
5. Change from “Certified Plan Writer" to “Independent Certified Plan Writer" where appropriate.
The rules proposed for Wisconsin Forest Landowner Grant cost share program will:
1. Add a fourth batching period of November 1, to make signing up for a plan easier for landowners.
2. Modify distribution of cost share funds to reduce the amount set aside for statewide forestry emergencies from 20% to 10%; limit available funds designated for management plan development (a priority 1 practice) to no more than 50%; limit available funds to no more than 10% for priority 2 practices identified on s.
NR 47.86 (3) (c) 3., Wis. Adm. Code; and designate remaining funds (at least 40%) for tree planting and timber stand improvement (other priority 1 practices).
3. Repeal language that allows an assignment of pay, which does not allow the landowner an opportunity to review work completed before payment is made.
4. Modify language to allow cost sharing of mandatory practices in the MFL program..
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., the proposed rule may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:
a. Types of small businesses affected:
b. Description of reporting and bookkeeping procedures required:
c. Description of professional skills required:
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 pursuant to ss.
77.82 (2m) (am),
(3) (g) and
(7) (c) 3.,
227.11 (2) (a) and
227.24, Stats., interpreting s.
26.38 and subch.
VI of ch. 77, Stats., the Department of Natural Resources will hold a public hearing on Natural Resources Board Emergency Order No. FR-38-05(E) relating to administration of the Managed Forest Law and the Wisconsin Forest Landowner Grant Program.
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
Wednesday, October 19, 2005 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
Room 8F, State Office Building
101 E. Wilson Street
Madison
Room 3, DNR Northern Region Hdqrs.
107 Sutliff Ave.
Rhinelander
Conference Room, DNR Northern Region Hdqrs.
810 W. Maple
Spooner
Room 153, State Office Building
151 NW Barstow St.
Waukesha
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 Ms. Carol Nielsen at (608) 266-8019 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
The proposed changes to Subchapter
III Chapter
NR46 and Subchapter
VII Chapter
NR47 will have a net increase of $319,950 in revenues to the STATE.
The changes will have NO FISCAL IMPACT TO COUNTIES AND MUNICIPALITIES. The only impacts may be a slower growth of new lands enrolled under MFL.
The changes proposed are to accommodate the revisions made to the Managed Forest Law in
2005 Wis. Act 25 (05/07 Budget Bill). The changes in the statute by the act included a reduction in the fee for applications submitted without a plan from $300 to $20; revision that the department may agree to prepare plans for enrollment in MFL if requested (the department is no longer obligated to prepare the plan); and directs the department to establish a plan preparation fee to be assessed for any plan the department agrees to prepare for enrollment.
For the fiscal estimate it was assumed that the department will receive approximately 1500 applications/year on or before July 1. The 1500 applications will be referred to Certified Plan Writers (CPW). The department may prepare plans for those that do not receive an offer for plan preparation services from a CPW, estimated to be 30% of the applications (450). The average application is for 60 acres.
PLAN PREPARATION FEE (base rate plus cost/acre): The initial rates to be used for 2007 and 2008 MFL entries will be a base rate of $375/plan plus $5.60/acre included in the plan. These rates are statewide averages derived from 2005 DNR MFL plan contracting data.
The estimated INCREASE IN STATE REVENUES will be $319,950 for the 450 plans the department agrees to prepare. The average cost of a plan is $711 ($375/plan + $5.60/ac x 60 ac/plan = $711). $711/plan x 450 plans = $319,950. The revenue generated will be split between the contracting appropriation ($280/plan) and the forestry fund (plan preparation fee minus $280).
Although the $280 per plan the department agrees to prepare appears to be an increase in revenue this is actually offset by a reduction in revenue instituted in the statute. The $300 application fee for applications submitted without a plan was reduced to $20 resulting in an estimated $420,000 decrease in revenue to the contracting appropriation. This is not included in the worksheet as it was as a result of a statutory change not a rule change.
Future rates established annually on July 2 will be an average of cost data submitted by Independent Certified Plan Writers (ICPW) for MFL plans prepared in the previous year.
PLAN REFERRAL PROCESS: The referral process will not have a fiscal impact, but any plans prepared by ICPWs will decrease the time required by department staff to prepare plans. The referral process will place all applications received without a plan on a referral list. The list will be distributed to ICPWs who may make an offer for plan preparation services to any of the applicants. If an offer for plan preparation services is not made with in 45 days the department may agree to prepare the plan. An estimated 70% (1050) of the applications will be picked up by ICPWs. The department retains the responsibility to review and approve the plans prepared by ICPWs. The review takes an average of 4.65 hrs/plan.
