Rule-Making Notices (Hearing Notices)

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 [phone] 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.)

[CR 05-087]

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:

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 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 [phone] 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.

By not preparing the plan the department saves an average of 15.15 hrs/plan (1050 plans x 15.15 hrs/plan = 15,907 hrs). The 15,907 hrs represents 8.7 FTEs (@1820 hrs/FTE) will be available to work on other high priority work. There will be some additional time needed to administer the referral system but it will be relatively small and spread out over both field and central office staff. The goal is to develop a web based referral system which will save time.

WISCONSIN FOREST LANDOWNER GRANT PROGRAM (WFLGP) CHANGES: The rule changes proposed for the WFLGP will have NO FISCAL IMPACT.

Cost sharing of MFL management plans prepared by the department foresters or ICPWs does not require any rule changes but it is anticipated that the number of landowners requesting cost sharing for plan development will increase. To ensure that funds will be available to cost share other priority one practices (timber stand improvement, tree planting) and priority two practices (e.g., soil and water protection and improvement, fish & wildlife habitat enhancement) and to make the existing funds go further the following changes have been proposed:

1. Reduce the rate of cost sharing on all practices from a maximum of 65% down to 50% of the actual cost. No rule change is needed. Current wording allows the department to set the maximum rate from 50% to 65%. Approximately $290,000 would be available to fund additional practices. An additional 80 applications could be funded ($290,000 / $3,000 ave. application = 97). This is a 14% increase in number of applications funded annually. There is an additional administrative cost to cover the increased applications of approximately $2,038 ($14/hr x 1040 hrs x 14% = $2,038). This cost was not included on the worksheet as it is a result of an administrative change not a rule change.

2. Limit the cost share funds that can be used for plan development and priority 2 practices to 50% and 10% respectively leaving the balance to timber stand improvement and tree planting. This is a rule change but it has NO FISCAL IMPACT.

A decrease in the available cost share funding for tree planting practices may decrease the demand for nursery stock sales and the revenues it produces. This may be mitigated in two ways:

1. Reducing cost share rates from a maximum of 65% down to 50% as described above, which would increase the number of cost share applications that can be funded.

2. Request for an increase in cost sharing funds ($400,000) through an emergency funding request as recommended by Governor's note in 2005 Wis. Act 25 (05/07 budget). The success of this request will allow us to maintain current tree planting levels.

Fiscal Impact to Private Sector

Landowners enrolling in MFL will now be responsible for the cost of the management plan but the application fee is reduced to $20. Their increase in cost would be $431 per entry ($711 ave. plan cost - $280 reduce application fee = $431). Cost sharing through the Wisconsin Forest Landowner Grant program (WFLGP) is available to cover 50% of the current market rate for preparing a plan ($711 x 50% = $355.50). If they take advantage of cost sharing their net increase in cost would be approximately $75.50 for an average plan ($431 - $355.50 = $75.50).

The referral process will direct more work to the ICPWs who are part of the cooperating forester base in Wisconsin. It is estimated that 70% of the 1500 applications referred will have plans prepared by ICPWs, representing an estimated increase in income of $746,550 (1050 plan x $711/plan = $746,550). The number of plans prepared by ICPWs is expected to increase in the future.

The emergency rule, 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. Carol Nielsen, Bureau of Forest Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until October 28, 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 Ms. Nielsen.

Notice of Hearing

Natural Resources
(Fish, Game, etc.)

[CR 05-088]

NOTICE IS HEREBY GIVEN that pursuant to ss. 29.563 (11) (b) 1. and 29.591 (3), Stats., interpreting ss. 29.563 (11) (b) 1. and 29.591 (3), Stats., the Department of Natural Resources will hold a public hearing on the amendment of s. NR 19.50, Wis. Adm. Code, relating to establishing hunter education fees. Language in the recent budget bill requires hunter education instructors to charge a fee for the hunter education course and that the Department promulgate rules to implement this fee. Instructors will be allowed to charge students $10.00 and keep up to $5 of that amount to offset their expenses. The remainder of the fee is to be returned to the Department.

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 pursuant to ss. 29.563 (11) (b) 1., 29.591 (3) and 227.24, Stats., interpreting ss. 29.563 (11) (b) 1. and 29.591 (3), Stats., the Department of Natural Resources will hold a public hearing Natural Resources Board Emergency Order No. LE-40-05(E) relating to establishing hunter education fees. The emergency rule allows instructors to charge students $10.00 and keep up to $5 of that amount to offset their expenses. The remainder of the fee is to be returned to the Department.

NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on: