Wisconsin Legislature: Text

NOTICE IS HEREBY GIVEN that pursuant to ss. 28.025 and 227.11 (2) (a), Stats., interpreting s. 28.025, Stats., the Department of Natural Resources will hold a public hearing on the amendment of s. NR 1.21 (2) (e), Wis. Adm. Code, and the creation of s. NR 1.26, Wis. Adm. Code, relating to contracting for timber sale establishment services on state land. Section 28.025, Stats., created by 2005 Wisconsin Act 166, directs the Department to establish an annual allowable timber harvest for state forest lands. The Act instructs the Department to develop a timber sale contracting program with private “cooperating foresters" for assistance in meeting the allowable harvest goals. Proposed s. NR 1.26 would identify timber sale related tasks that could be contracted and a method for calculating the portion of timber sale revenue that would pay for the services. The proposed rule distinguishes between timber sale related tasks that can be contracted and functions that Department staff must perform to protect the resource and assure compliance with regulations and property master plans. The purpose is to divide technical activities that are appropriate for contracting from administration of finance, policy and compliance issues. The rule defines bidding and payment procedures for the contracted services, including prequalification of bidders based on experience with timber sales and related forest inventory work. Section NR 1.21 (2) (e) would also be revised to make the educational requirements for cooperating foresters consistent with those for Department foresters under s. 28.045 (1), Stats.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., the proposed rules may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:

a. Types of small businesses affected: Private consulting forestry firms will have the opportunity to add positions and expand into providing more services on state-owned land.

b. Description of reporting and bookkeeping procedures required: No new requirements.

c. Description of professional skills required: The revised educational requirement would clarify that the Chief State Forester can identify college training that is equivalent to accreditation by the Society of American Foresters.

The Department's Small Business Regulatory Coordinator may be contacted at SmallBusiness @dnr.state.wi.us or by calling (608) 266-1959.

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. 28.025 and 227.24, Stats., interpreting s. 28.025, Stats., the Department of Natural Resources will hold a public hearing on Natural Resources Board Emergency Order No. FR-01-07(E) relating to contracting for timber sale establishment services on state land. This emergency order took effect on February 6, 2007. 2005 Wisconsin Act 166 provides that the rules shall be initially adopted through the emergency rule process followed by promulgation of the permanent rule. The Act also provides the emergency rule shall not lapse prior to promulgation of the permanent rule and required no finding of emergency.

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

Wednesday, March 21, 2007 at 1:00 p.m.

Video conference participation will be available at:

Room 138, State Office Building, 718 W. Clairemont, Eau Claire

Room G11, GEF #2 Office Building, 101 South Webster, Madison

Conference Room 3, DNR Regional Office, 107 Sutliff Ave., Rhinelander

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 Paul Pingrey at (608) 267-7595 with specific information on your request at least 10 days before the date of the scheduled hearing.

It is aniticipated that there will be both an increase in revenues and costs.

The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Paul Pingrey, Division of Forestry, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until March 30, 2007. 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. Pingrey.

NOTICE IS HEREBY GIVEN that pursuant to ss. 28.025 and 227.11 (2) (a), Stats., interpreting s. 28.025, Stats., the Department of Natural Resources will hold a public hearing on the amendment of s. NR 1.212 (3) (a), Wis. Adm. Code, relating to referral of private timber sale requests to cooperating foresters. The proposed rule revision would require referral of all timber sale requests from private landowners to cooperating foresters. DNR foresters would not provide timber harvest set-up assistance to private landowners, regardless of the size of the forest tract, unless help is not reasonably available from private enterprise cooperators. The revision also drops redundant language about refusals from cooperators to provide service.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., the proposed rules may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:

a. Types of small businesses affected: Private consulting forestry firms and landowners who operate their woodlands as a small business.

b. Description of reporting and bookkeeping procedures required: No new requirements.

c. Description of professional skills required: No new skills are required.

The Department's Small Business Regulatory Coordinator may be contacted at SmallBusiness @dnr.state.wi.us or by calling (608) 266-1959.

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:

Wednesday, March 21, 2007 at 1:00 p.m.

Video conference participation will be available at:

Room 138, State Office Building, 718 W. Clairemont, Eau Claire

Room G11, GEF #2 Office Building, 101 South Webster, Madison

Conference Room 3, DNR Regional Office, 107 Sutliff Ave., Rhinelander

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 Paul Pingrey at (608) 267-7595 with specific information on your request at least 10 days before the date of the scheduled hearing.

No fiscal effect is anticipated.

The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Paul Pingrey, Division of Forestry, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until March 30, 2007. 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. Pingrey.

NOTICE IS HEREBY GIVEN that pursuant to ss. 23.114 and 227.11 (2) (a), Stats., interpreting s. 23.114, Stats., the Department of Natural Resources will hold a public hearing on the creation of s. NR 45.075, Wis. Adm. Code, relating to declaring natural emergencies on forested lands owned by the state and under the jurisdiction of the department. Section 23.114, Stats., directs the Department implement a rule pertaining to the chief state forester's authority to specify emergencies on forested lands under the jurisdiction of the Department. The proposed rule describes causes of unforeseen damage or threat of damage to trees that could lead the chief state forester to declare an emergency on forested lands under department jurisdiction and take management authority. Included in the list of damaging agents that could lead to the declaration of an emergency are those required by the legislature: invasive species, pest infestation, disease and damage to timber from fire, snow, hail, ice or wind. The rule states that when declaring and responding to an emergency, the chief state forester shall consider the purpose and management plan for the affected property in his or her decisions. This rule, however, would allow the chief state forester to take actions not described in the management plan for a property if that was the most appropriate response to the emergency. Finally, this rule describes the processes by which the declaration of the state of emergency shall be made effective, canceled or modified.

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 SmallBusiness @dnr.state.wi.us or by calling (608) 266-1959.

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. 23.114 and 227.24, Stats., interpreting s. 23.114, Stats., the Department of Natural Resources will hold a public hearing on Natural Resources Board Emergency Order No. FR-11-07(E) relating to declaring natural emergencies on forested lands owned by the state and under the jurisdiction of the department . This emergency order took effect on February 6, 2007. 2005 Wisconsin Act 166 provides that the rules shall be initially adopted through the emergency rule process followed by promulgation of the permanent rule. The Act also provides the emergency rule shall not lapse prior to promulgation of the permanent rule and required no finding of emergency.

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

Wednesday, March 21, 2007 at 1:00 p.m.

Video conference participation will be available at:

Room 138, State Office Building, 718 W. Clairemont, Eau Claire

Room G11, GEF #2 Office Building, 101 South Webster, Madison

Conference Room 3, DNR Regional Office, 107 Sutliff Ave., Rhinelander

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 Dr. Andrea Diss-Torrance at (608) 264-9247 with specific information on your request at least 10 days before the date of the scheduled hearing.

The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Dr. Andrea Diss-Torrance, Division of Forestry, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until March 30, 2007. 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 Dr. Diss-Torrance.

NOTICE IS HEREBY GIVEN that pursuant to ss. 29.014 (1), 29.039, 29.041 and 227.11 (2) (a), Stats., interpreting ss. 29.531, 29.533, 29.014 (1), 29.039 and 29.041, Stats., the Department of Natural Resources will hold public hearings on revisions to chs. NR 20 and 26, Wis. Adm. Code, relating to fishing on the inland, outlying and boundary waters of Wisconsin. The proposed changes:

1. Eliminate restriction on maximum allowable size of landing nets. Current administrative code stipulates that landing nets may not exceed 36" diameter.

2. Implement 50" minimum size limit for muskellunge on the St. Louis River. This proposal is being made concurrently with the Minnesota Department of Natural Resources.

3. Stipulate that spears and arrows used for fishing have barbed tips.

4. Increase the daily bag limit for walleye, sauger and their hybrids in Mineral Lake, Ashland County from 3 fish to 5 fish and replace the current 18" minimum size limit with no minimum, but only one fish larger than 14" may be kept.

5. Authorize seining and dipnetting for rainbow smelt in Beaver Dam Lake, Barron County with a continuous open season and no restrictions on harvest hours. A maximum allowable size for seines is specified.

6. Create a 26" minimum size limit for trout in Beaver Dam Lake, Barron County with a one fish daily bag limit, and create a 15" minimum size limit for trout in the Hay River, Barron County, with a one fish daily bag limit.

7. Create an 18" minimum size limit for walleye in the Red Cedar chain of lakes (lakes Balsam, Red Cedar and Hemlock), Barron and Washburn Counties.

8. Reduce the daily bag limit for panfish in Middle Eau Claire and Bony Lakes, Bayfield County, from 25 fish to 10 fish.

9. Extend the 45" minimum length limit for muskellunge in Lakes Monona, Waubesa and Wingra, Dane County to tributaries and connecting waters of those lakes.

10. Implement minimum size and bag limits for brown trout and lake trout, and an 18" minimum size limit and 3 fish daily bag limit for walleye in Keyes Lake, Florence County.

11. Remove the 26" minimum size limit and 2 fish daily bag limit for northern pike in Kettle Moraine and Long Lakes, Fond du Lac County and replace those restrictions with no minimum size limit and a 5 fish daily bag limit.

12. Increase the daily bag limit for largemouth and smallmouth bass in the Gile Flowage, Iron County, from 2 fish to 3 fish, aggregate, and change the 15" minimum size limit to no minimum, but no fish between 14" and 18" may be kept and only one fish larger than 18" may be kept.

13. Remove the 26" minimum size limit and 2 fish daily bag limit for northern pike in the Buffalo (upstream of highway 93) and Trempealeau Rivers (upstream of the dam in Blair), Jackson and Trempealeau Counties, and replace those restrictions with no minimum size limit and a 5 fish daily bag limit.

14. Eliminate the continuous open season for game fish on the Yellowstone River, Lafayette County.

15. Eliminate special regulations for trout on a section of the Prairie River, Lincoln County.

16. Implement a 3 fish aggregate daily bag limit for largemouth and smallmouth bass in Big Bass and Mission Lake, Marathon County, with no minimum size limit but no fish between 14"and 18" may be kept and only one fish larger than 18"may be kept.

17. Eliminate special regulations for trout in Plum Creek, Pepin County, eliminate special regulations for trout in the Kinnickinnic River and Plum Creek in St. Croix County, and change trout regulations on reaches of the Kinnickinnic River in Pierce County.

18. Implement a 3 fish aggregate daily bag limit for largemouth and smallmouth bass in Pipe Lake, Polk County with no minimum size limit but no fish between 14" and 18" may be kept and only fish larger than 18" may be kept.

19. Reduce the daily bag limit for panfish from 25 fish to 10 fish in all inland waters of St. Croix County and Cedar Lake, which is in Polk and St. Croix Counties.

20. Implement a 3 fish daily bag limit for walleye in Cedar Lake, Polk and St. Croix Counties, with no minimum size limit but no fish between 14" and 18" may be kept and only one fish larger than 18" may be kept.

21. Implement a 5 fish daily bag limit for walleye in Butternut Lake, Price County, with no minimum size limit but only one fish larger than 14" may be kept.

22. Implement restrictive bag and size limits for panfish, largemouth and smallmouth bass and northern pike in Eagle Lake, Racine County.

23. Remove the 26" minimum size limit and 2 fish daily bag limit for northern pike in Crystal Lake, Sheboygan County and replace those restrictions with no minimum size limit and a 5 fish daily bag limit.

24. Remove the 26" minimum size limit and 2 fish daily bag limit for northern pike in Little Cedar Lake, Washington County and replace those restrictions with no minimum size limit and a 5 fish daily bag limit.

25. Create 3 fish refuges below dams in the Sugar River, Green County and create a fish refuge on the Yahara River below the Dunkirk Dam, Dane County.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to ss. 23.09 (2) (b), 29.014, 29.089, 29.091, 29.164 (4) (b), 29.184 (6), 29.197 (2) and 29.597, Stats., interpreting ss. 23.09 (2) (b), 29.014, 29.089, 29.041, 29.091, 29.164 (4) (b), 29.184 (6), 29.197 (2) and 29.597, Stats., the Department of Natural Resources will hold public hearings on revisions to chs. NR 10, 15, 17 and 19, Wis. Adm. Code, relating to hunting and trapping regulations. The proposed changes:

1. Reduce the number of turkey management zones from the current 46 to 7.

2. Rename Bear Hunting Zone A1 as Zone D.