Rule-Making Notices (Hearing Notices)

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:

Wednesday, October 12, 2005 at 8:00 a.m.

Room 717, GEF #2

101 South Webster Street

Madison

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

Fiscal Estimate

A possible increase in state revenues of up to $150,000 is anticipated and will be returned to the hunter education program budget.

The proposed rule, emergency 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. Tim Lawhern, Bureau of Law Enforcement, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until October 14, 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. Lawhern.

Notice of Hearing

Natural Resources
(Fish, Game, etc.)

NOTICE IS HEREBY GIVEN that pursuant to ss. 29.014, 29.041, 29.197 and 227.24, Stats., interpreting ss. 29.04, 29.041 and 29.197, Stats., the Department of Natural Resources will hold a public hearing on Natural Resources Board Emergency Order No. WM-20-05(E) pertaining to the 2005 migratory game bird season. This emergency order took effect on August 31, 2005. The significant regulations are:

Ducks: The state is divided into two zones each with 60-day seasons. The season begins at noon September 24 and continues for 60 consecutive days in the north, closing on November 22. In the south, the season begins at noon on October 1 and continues through October 9, followed by a 5-day split. It reopens on October 15 and continues through December 4. The daily bag limit is 6 ducks including no more than 4 mallards, of which only one may be a hen, one black duck, one pintail, one canvasback (from October 15 – November 13 statewide), 2 wood ducks, 2 redheads and 2 scaup.

Geese: The state is apportioned into 3 goose hunting zones: Horicon, Collins and Exterior. Other special goose management subzones within the Exterior Zone include Brown County, Burnett County, Rock Prairie and the Mississippi River. Season lengths are: Collins Zone – 64 days; Horicon Zone – 92 days; Exterior Zone – 92 days; and Mississippi River Subzone – 70 days. The Burnett County Subzone is closed to Canada goose hunting. The statewide daily bag limit for Canada geese in the Horicon and Collins Zones is 2 birds per day during the open seasons within each zone. In the Exterior Zones and its subzones, the daily bag limit will be on bird per day from September 17 – October 2 and 2 birds per day for the remainder of the season.

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

Monday, October 17, 2005 at 1:00 p.m.

Room 405, GEF #2 101

South Webster Street

Madison

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

Written comments on the emergency rule may be submitted to Mr. Kent VanHorn, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707 no later than October 19, 2005. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the emergency rule may be obtained from Mr. VanHorn. The emergency rule may be reviewed and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov.

Notice of Hearings

Natural Resources
(Fish, Game, etc.)

[CR 05-086)]

NOTICE IS HEREBY GIVEN that pursuant to ss. 29.014, 29.089 (3) and 29.177 (3m), Stats., interpreting ss. 29.014, 29.024 (6), 29.089 (3), 29.173 (3), 29.177, 29.181 and 29.559, Stats., the Department of Natural Resources will hold public hearings on revisions to ch. NR 10, Wis. Adm. Code, relating to deer hunting season and permit issuance regulation changes. The revisions include:

1. There will be a 2-day youth either sex gun hunt in September (opening 7 days after the bow season opens). A mentor will be required to accompany a youth (only the youth will be allowed to carry a gun) and the youth hunter will be required to place their regular buck deer carcass tag on an antlered buck (only one buck per youth hunter). Youth hunters would be allowed to harvest as many antlerless deer as they have valid tags for.

2. The late archery season will close the Sunday nearest January 6. This change will ensure that the late bow season will be open during the New Year's holiday every year.

3. There will be a statewide 4-day antlerless gun hunt beginning on the 2nd Thursday following the Thanksgiving holiday. The hunt will be open in all units to anyone with a valid antlerless deer permit.

4. In herd control units (currently Zone T and EAB units) antlerless tags will be unrestricted. The first antlerless tag is free with the purchase of a gun or archery license. Additional tags will be available for a minimal handling fee ($2 unless purchased on-line or over the phone in which case the standard processing fee ($3) will be applied in addition to the $2).

5. The archery license would come with two tags valid statewide: one valid for one antlered deer only and the other valid for antlerless only. This change will retain the either sex hunt option for archery while simplifying tagging options. There will be only two types of tags: buck and antlerless. There will be no more either sex tags – except for two very limited exceptions.

6. The Hunter's Choice program would be replaced by the sale of antlerless tags valid in limited quota (regular) units as additional deer. Antlerless permits would be sold first-come, first-serve for $12 each ($20 for nonresidents). Tags would be available on August 1 for purchase at a rate of one per hunter per day.

7. There would be no October 4-day antlerless only hunt outside CWD zones in 2006 and 2007. (In the event that the average antlerless:antlered harvest ratio in herd control units statewide is below 1.4 in 2006, the rule may immediately sunset.) In the event that inadequate herd control is realized as a result of this trial, the 4-day October antlerless deer gun hunt would return in 2008. The start date would be the Thursday nearest October 15 and it would occur in DMUs where a regular season of buck plus quota will not bring the population to within 20% of the over-winter goal.

8. The Earn-A-Buck season structure would be an available tool (in 2006 and 2007) for recommendation to the Natural Resources Board based on the criteria currently used (EAB pre-qualification will be implemented).

9. A first-come, first-serve system to sell bonus tags for deer hunting access in state parks open to hunting.

None of these proposed changes apply to the CWD Zones or season structures.

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 in addition to comments on the proposed rules, the Department is seeking public input on a proposal to prohibit all deer baiting and feeding during the 9-day November gun deer season and during the 10 days before the season.

NOTICE IS HEREBY FURTHER GIVEN that the Department will provide an information session on the proposed rules to begin at 6:30 p.m., with testimony on the proposals to begin at 7:00 p.m..

NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held at 7:00 p.m. on:

Tuesday, October 11, 2005

Room M103 (Auditorium)

Chippewa Valley Tech. College

620 W. Clairemont Ave.

Eau Claire

Cooperative Extension Bldg.

1150 Bellevue Street

Green Bay

Wednesday, October 12, 2005

Auditorium, Theisen Middle School