Rule-Making Notices
Notice of Hearing
Employee Trust Funds
The Wisconsin Department of Employee Trust Funds proposes an order to amend ss.
ETF 70.08 (3) and
70.10, and to create s.
ETF 70.02, relating to the start date for phasing out funds under the Wisconsin deferred compensation plan and to emergency withdrawals for beneficiaries.
Hearing Information
A public hearing on this proposed rule will be held on March 19, 2008 at 1:30 p.m. in Conference Room GB at the offices of the Department of Employee Trust Funds, 801 West Badger Road, Madison, Wisconsin. Persons wishing to attend should come to the reception desk up the stairs (or by elevator) from the main entrance to the building.
Agency Contact Person
Please direct any questions about the proposed rule to David Nispel, Deputy Chief Counsel, Department of Employee Trust Funds, P. O. Box 7931, Madison, WI 53707. The email address:
david.nispel@etf.state.wi.us. The telephone number is: (608) 264-6936.
Copies of Proposed Rule
Copies of the proposed rule are available without cost from the Office of the Secretary, Department of Employee Trust Funds, P. O. Box 7931, Madison, WI 53707-7931. The telephone number is: (608) 266-1071.
Submission of Written Comments
Written comments on the proposed rule may be submitted to David Nispel, Deputy Chief Counsel, Department of Employee Trust Funds, 801 W. Badger Road, P. O. Box 7931, Madison, WI 53707. Written comments must be received at the Department of Employee Trust Funds no later than 4:30 p.m. on Thursday, March 20, 2008.
Analysis Prepared by the Department of Employee Trust Funds
Statute interpreted
Section
40.80, Wis. Stats.
Statutory authority
Explanation of agency authority
By statute, the DETF Secretary is expressly authorized, with appropriate board approval, to promulgate rules required for the efficient administration of any benefit plan established in ch.
40 of the Wisconsin statutes. Also, each state agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency if the agency considers it necessary to effectuate the purpose of the statute.
Related statute or rule
Ch.
ETF 70, Wis. Admin. Code, establishes a procedure for administration of the deferred compensation program as provided by s.
40.80, Wis. Stats. There are no other related administrative rules or statutes.
Plain language analysis
The purpose of this rule is to adjust the start date for phasing out a primary or alternate plan in order to reduce complications associated with the phase out and to expand financial emergency hardship withdrawals to include hardships for a named beneficiary.
Comparison with federal regulations
FUND CLOSURE: There are no know existing or proposed federal regulations that are intended to address the fund closure start date or timeline regulated by this proposed rule.
FINANCIAL HARDSHIPS AND BENEFICIARIES: The proposed rule would be in conformance with changes to federal regulations made by s. 826 of the federal Pension Protection Act of 2006, which expanded financial emergency hardship withdrawals to include hardships for a named beneficiary.
Comparison with rules in adjacent states
FUND CLOSURE: A query to adjacent states and the National Association of Government Defined Contribution Administrators list serve revealed that Wisconsin is unique in providing a specific start date and timeline for fund closures. Most other state programs have not formalized this process or provided a specific timeframe. Based on the query, it appears that the fund closeout process can take, on average, 30 to 90 days, and begins whenever a plan's governing body makes the decision to remove a fund.
FINANCIAL HARDSHIPS AND BENEFICIARIES: In order to be in compliance with recent federal regulations, most states and other s. 457 plan providers are in the process of modifying or already have modified their definition of financial emergency hardship withdrawals to include hardships for a named beneficiary.
Summary of factual data and analytical methodologies
Currently s.
ETF 70.08 (3) requires that phase one of the twelve month investment fund removal process begin on January 1 of the year following the deferred compensation board's decision to remove a fund from the Wisconsin deferred compensation program. Starting the process on January 1
st and ending the process on December 31
st of that calendar year presents many difficulties, including reconciliation requirements and other end of calendar year activities, and additional days that the financial markets are closed for holidays. By eliminating the January 1
st start date and permitting the process to begin six months after the board has made a fund removal decision many of these complications will be eliminated.
The proposed revision would create a rolling fund closure window outside of end of the calendar year complications, but retain the 12-month time frame to notify participants of the pending closure.
Financial emergency hardship withdrawals from the deferred compensation program are permitted under s.
ETF 70.10. The federal Pension Protection Act of 2006 expanded financial emergency hardship withdrawals to include hardships for a named beneficiary. While the Wisconsin Deferred Compensation Plan and Trust Document already provides for this type of hardship withdrawal, there is not a similar provision in the Wisconsin administrative code. It is necessary to revise the administrative rule in order to allow hardship withdrawals for named beneficiaries, which could be done by adding the word “beneficiary" to the applicable subsections of s.
ETF 70.10. The definition of “beneficiary" in this rule is the same as in s.
40.02 (8), Stats.
Analysis and supporting documents used to determine effect on small business
The rule does not have an effect on small businesses because private employers and their employees do not participate in, and are not covered by, the Wisconsin deferred compensation program. The deferred compensation program is an optional, supplementary retirement plan covering only governmental employees.
Initial Regulatory Flexibility Analysis
There is no effect on small business.
Fiscal Estimate
The rule will have no effect on county, city, village, town, school district, technical college district or sewerage district fiscal liabilities or revenues. The rule will have no effect on state funds.
Notice of Hearing
Financial Institutions - General
NOTICE IS HEREBY GIVEN That pursuant to ss.
895.59 (2) and
227.11 (2), Stats., and interpreting s.
895.59, Stats., the Department of Financial Institutions will hold a public hearing at the Department of Financial Institutions, Office of the Secretary, 345 W. Washington Avenue, 5
th Floor, in the City of Madison, Wisconsin, on the
13th day of March, 2008, at 1:00 p.m. to consider a rule to create ch.
DFI-Gen 2 relating to small business enforcement discretion.
Contact Person, Copy of Rule, and Submission of Written Comments
To obtain a copy of the proposed rule or fiscal estimate at no charge, to submit written comments regarding the proposed rule, for substantive questions on the proposed rule, and for questions regarding the agency's internal processing of the proposed rule, contact Mark Schlei, Deputy General Counsel, Department of Financial Institutions, Office of the Secretary, P.O. Box 8861, Madison, WI 53708-8861, tel. (608) 267-1705. A copy of the proposed rule may also be obtained and reviewed at the Department of Financial Institution's website,
www.wdfi.org. Written comments regarding the proposed rule may also be submitted via the department's website contact page, e-mail the secretary. Written comments must be received by the conclusion of the department's hearing regarding the proposed rule.
Analysis Prepared by the Wis. Department of Financial Institutions, Office of the Secretary
Statute(s) interpreted
Statutory authority
Related statute or rule
None.
Explanation of agency authority
Pursuant to s.
895.59 (2), Stats., the legislature directed that the department promulgate a rule that discloses in advance the discretion that the agency will follow in the enforcement of rules and guidelines against a small business.
Summary of proposed rule
The objective of the rule is create ch. DFI—Gen 2. Pursuant to s.
895.59 (2), Stats., the legislature directed that the department promulgate a rule that discloses in advance the discretion that the agency will follow in the enforcement of rules and guidelines against a small business. Pursuant to s.
895.59 (2), Stats., the purpose of this rule is to disclose the discretion the department will follow in the enforcement of rules and guidelines against a small business. The rule sets forth situations when the department shall and shall not exercise discretion in the enforcement of rules or guidelines against a small business.
Summary of and preliminary comparison with existing or proposed federal regulation
None known.
Comparison with rules in adjacent states
None known.
Summary of factual data and analytical methodologies
The department reviewed the requirements of s.
895.59, Stats., and similar rules promulgated by other Wisconsin state agencies.
Analysis and supporting documentation used to determine effect on small business
The rule sets forth, as mandated by the legislature in s.
895.59, Stats., existing department policies. The rule creates no additional requirements on small business.
Fiscal Estimate
The rule's requirements place no additional duties or burdens on state or local government, and hence has no affect on costs to either.
Notice of Hearings
Natural Resources
Fish, Game, etc., Chs.
NR 1—
NOTICE IS HEREBY GIVEN that pursuant to ss.
23.09 (2) (b),
23.11,
27.01 (2) (j),
29.014,
29.041,
29.192 (3),
169.20 and
169.21, Stats., interpreting ss.
23.09 (2) (b),
23.11,
27.01 (2) (j),
29.014,
29.192 (3),
160.20 and
169.21, Stats., the Department of Natural Resources will hold public hearings on revisions to chs.
NR 10,
11,
17,
19 and
45, Wis. Adm. Code, relating to hunting and trapping regulations and the use of department managed lands.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to ss.
29.014 (1),
29.039,
29.041,
29.053 and
227.11 (2) (a), Stats., interpreting ss.
29.014 (1),
29.039,
29.041,
29.053,
29.531 and
29.533, Stats., the Department of Natural Resources will hold public hearings on revisions to chs.
NR 20,
21,
22 and
23, Wis. Adm. Code, relating to fishing on the inland, outlying and boundary waters of Wisconsin.
NOTICE IS HEREBY FURTHER GIVEN that at 7:00 p.m. on Monday, April 14, 2008, the Wisconsin Conservation Congress will hold its election of county delegates in each county. Upon completion of the delegate elections, the joint Spring Hearing/Conservation Congress meeting will convene to take comments on the foregoing rule modifications.
Hearing Information
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on Monday, April 14, 2008 at 7:00 p.m. at the following locations:
Adams Adams County Courthouse, Board Room
402 Main Street, Friendship
Ashland Ashland Senior High School, Auditorium,
1900 Beaser Avenue, Ashland
Barron Old Courthouse Building Lower Level
330 E. LaSalle Ave., Barron
Bayfield Bayfield County Old Courthouse,
Second Floor, 117 E. 5th, Washburn
Brown Franklin Middle School, Auditorium,
1234 W. Mason, Green Bay
Buffalo Alma High School, Gymnasium,
S1618 STH 35, Alma
Burnett Siren Government Center, Room 165,
7410 County Road K, Siren
Calumet Calumet County Courthouse, B025,
206 Court Street, Chilton
Chippewa Chippewa Falls Middle School,
750 Tropicana Blvd., Chippewa Falls
Clark Greenwood High School, West Gymnasium,
306 W. Central Ave., Greenwood
Columbia Columbia County Courthouse,
Community Room, 400 DeWitt St., Portage
Crawford Crawford County Courthouse, Court Room,
220 N. Beaumont Road, Prairie du Chien
Dane Dane County Alliant Energy Center,
Exhibition Hall, 1919 Alliant Energy Way,
Madison
Dodge Horicon City Hall, 404 E. Lake Street,
Horicon
Door Sturgeon Bay High School, Auditorium,
1230 Michigan, Sturgeon Bay
Douglas Springs High School, 8993 E. Baldwin Ave.,
Solon Springs
Dunn Dunn County Fish And Game Club,
1900 Pioneer Ave., Menomonie
Eau Claire South Middle School, Auditorium,
2115 Mitscher Ave., Eau Claire
Florence Florence Natural Resources Center,
Highway 70/101, Florence
Fond du Lac Theisen Middle School, 525 E Pioneer Road,
Fond du Lac
Forest Crandon High School, Auditorium,
9750 USH 8 W, Crandon
Grant Grant Co. Youth & Ag Building,
916 E. Elm Street, Lancaster
Green Monroe Middle School
1510 13th Street, Monroe
Green Lake Green Lake High School, Small Gym,
612 Mill St., Green Lake
Iowa Dodgeville High School, Gymnasium,
912 West Chapel Street, Dodgeville
Iron Mercer Community Center,
2648 W. Margaret Street, Mercer
Jackson Black River Falls Middle School, LGI,
1202 Pierce Street, Black River Falls
Jefferson Jefferson County Fairgrounds,
Activity Center, 503 N. Jackson Ave.
Jefferson
Juneau Olson Middle School, Auditorium,
508 Grayside Avenue, Mauston
Kenosha Bristol Grade School, Gymnasium,
20121 83rd Street, Bristol
Kewaunee Kewaunee High School, Auditorium,
911 2nd Street, Kewaunee
La Crosse Onalaska High School, Field House,
700 Hilltop Place, Onalaska
Lafayette Darlington High School,
11838 Center Hill Road, Darlington
Langlade Antigo High School, Volm Theater,
1900 10th Avenue, Antigo
Lincoln Tomahawk Elementary School,
1048 East Kings Road, Tomahawk
Manitowoc UW Manitowoc, Theater,
705 Viebahn Street, Manitowoc
Marathon D.C. Everest Middle School,
9302 Schofield Avenue, Schofield
Marinette Crivitz High School, Auditorium,
400 South Ave, Crivitz
Marquette Montello High School, Community Room,
222 Forest Lane, Montello
Menominee Menominee County Courthouse, Basement,
Courthouse Lane, Keshena
Milwaukee Greenfield High School,
4800 South 60th Street, Greenfield
Monroe Sparta High School, Auditorium,
506 N. Black River Street, Sparta
Oconto Suring High School, Cafeteria,
411 E. Algoma St., Suring
Oneida James Williams Middle School,
915 Arcadia, Rhinelander
Outagamie Riverview Middle School, Auditorium,
101 Oak Street, Kaukauna
Ozaukee Webster Middle School, Commons,
W75 N624 Wauwatosa Road, Cedarburg
Pepin Pepin County Government Center,
County Board Room, 740 7th Avenue W.,
Durand
Pierce Ellsworth Senior High School, Auditorium,
323 Hillcrest, Ellsworth
Polk Unity High School, Gymnasium,
1908 150th Street/Hwy 46, Balsam Lake
Portage Ben Franklin Middle School, Auditorium,
2000 Polk Street, Stevens Point
Price Price County Courthouse, County Board Rm.,
126 Cherry Street, Phillips
Racine Union Grove High School, Gymnasium,
3433 S. Colony Ave., Union Grove
Richland Richland County Courthouse,
181 West Seminary, Richland Center
Rock Janesville Moose Lodge,
2701 Rockport Ave., Janesville
Rusk Ladysmith High School, Auditorium,
1700 Edgewood Ave., East Ladysmith
Sauk UW Baraboo, R.G. Brown Theater,
1006 Connie Road, Baraboo
Sawyer Winter High School, Auditorium,
6585 West Grove Street, Winter
Shawano Shawano Middle School, LGI Room,
1050 S. Union Street, Shawano
Sheboygan Sheboygan Falls High School,
220 Amherst Avenue, Sheboygan Falls
St. Croix WI Indianhead Technical College,
Cashman Conf. Room, 1019 S. Knowles Ave.
New Richmond
Taylor Taylor Co. Fairgrounds, Multipurpose Bldg.,
State Hwy 13 and Hwy 64 Intersection,
Medford
Trempealeau Whitehall City Center, Gymnasium,
36245 Park Street, Whitehall
Vernon Viroqua High School
100 Blackhawk Drive, Viroqua
Vilas Plum Lake Community Center,
Golf Course Road, Sayner
Walworth Delavan/Darien High School, Auditorium,
150 Cummings, Delavan
Washburn WI Ag Research Station
W6646 Hwy 70, Spooner
Washington Washington County Fair Park, Exhibit Hall,
3000 Hwy PV, West Bend
Waukesha Waukesha Co. Tech. College (WCTC),
Richard T. Anderson Bldg.,
800 Main St., Pewaukee
Waupaca Waupaca High School, Auditorium,
E2325 King Road, Waupaca
Waushara Waushara County Court House,
2nd Floor Old Courtroom
209 S. St. Marie, Wautoma
Winnebago Webster Stanley Auditorium,
915 Hazel Street, Oshkosh
Wood Pittsville High School, Auditorium,
5459 Elementary Ave., Pittsville
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 Kari Lee-Zimmermann at (608) 266-2952 with specific information on your request by April 7, 2008.
Agency Contact Person, Copy of Rule, and Submission of Written Comments
The proposed rules and fiscal estimates may be reviewed and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov. Written comments on the proposed hunting and trapping regulations may be submitted via U.S. mail to Mr. Scott Loomans, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707. Written comments on the proposed fishing regulations may be submitted via U.S. mail to Mr. Joe Hennessy, Bureau of Fisheries Management, P.O. Box 7921, Madison, WI 53707. Written comments shall be postmarked not later than April 15, 2008. Written comments whether submitted electronically or by U.S. mail will NOT, however, be counted as spring hearing votes.
Analysis Prepared by the Department of Natural Resources
The proposed rules,
CR 08-011, relating to hunting and trapping, and the use of department managed land will:
1. Extend the raccoon trapping and hunting seasons by 15 days to coincide with the closing of the coyote trapping and fox trapping and hunting seasons.
2. Establish definitions for live trap and body gripping type trap.
3. Establish a new population goal for bobcat of 2,500 animals, plus-or-minus 20%.
4. Add an additional year to the experimental fall season for hunting wild turkeys with the aid of dogs in 9 counties in southwest Wisconsin.
5. Eliminate one fisher trapping closed area in Vilas, Forest and Oneida counties, another in Bayfield, Sawyer and Ashland counties, and establish unique trapping regulations to protect pine marten in those areas.
6. Allow dog training with captive wild animals by license during the period when dog training is otherwise prohibited in the northern restricted zone.
7. Prohibit paintball activity on department-managed lands except when approved by the department.
8. Establish a fee of $2.75 for a duplicate copy of the trapper education course certificate of accomplishment and make them available from any DNR license vendor.
The proposed rules,
CR 08-010, relating to fishing on inland, outlying and boundary waters of Wisconsin will:
1. Reduce daily bag limits from 2 fish to 1 fish and possession limits from 10 fish to 2 fish for flathead catfish taken from Winnebago system waters and implement a 30-inch minimum size restriction for flathead catfish taken from these waters, with an additional provision prohibiting harvest of flathead catfish between 36 and 42 inches in length.
2. Clarify the difference between landing nets and dip nets and how landing nets may be used for fishing in inland, outlying, and boundary waters of the state.
3. Require that anglers use artificial lures with barbless hooks while fishing for bass during a catch-and-release season for bass.
4. Establish a special catch-and-release season for muskellunge in inland waters north of US highway 10 and require that anglers use artificial lures with barbless hooks while fishing for muskellunge during a catch-and-release season for muskellunge.
5. Extend the end of the open season for muskellunge in waters south of US highway 10 from November 30 to December 31.
6. Remove special regulations for walleye in English lake, Ashland county.
7. Implement a 3 fish aggregate daily bag limit for largemouth and smallmouth bass in Big Dummy and Little Dummy lakes, Barron county, with no minimum size limit but no fish between 14 and 18 inches may be kept and only one fish larger than 18 inches may be kept.
8. Implement a 2 fish daily bag limit for northern pike, with a 26 inch minimum size restriction.
9.
Establish Manger lagoon, Brown county, as an urban fishing water, Note: Complaint forms are available from the Department of Regulation and Licensing, Division of Enforcement, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, or from the department's website at:
http://drl.wi.gov.
10. Remove special regulations for walleye in Boot, Long, and McDermott lakes, Iron county.
11. Increase the maximum allowable size for catfish in Yellowstone lake, Lafayette county, from 18 to 24 inches.
12. Simplify muskellunge regulations on the Black river in LaCrosse, Monroe, and Trempealeau counties by increasing the minimum length restriction to 40 inches.
13. Establish Remington lake, Langlade county, as an urban fishing water, in which only children younger than 16 years of age or disabled persons may fish, and implement a 1 fish aggregate daily bag limit for largemouth and smallmouth bass, northern pike, walleye, sauger or hybrid, a 10 fish aggregate daily bag limit for panfish, and a 3 fish aggregate daily bag limit for trout.
14. Increase the minimum size restriction for muskellunge harvest from 34 to 50 inches in Enterprise lake, Langlade and Lincoln counties.
15. Change walleye regulations in Enterprise lake, Langlade and Lincoln counties, replace a restriction that only 1 fish larger than 14 inches may be kept with a restriction that no fish between 14 and 18 inches may be kept but that 1 larger than 18 inches may be kept. Also reduce the daily bag limit from 5 walleye to 3 walleye in Enterprise lake.
16. Establish Mirror lake, Lincoln county, as an urban fishing water, in which only children younger than 16 years of age or disabled persons may fish, and implement a 1 fish aggregate daily bag limit for largemouth and smallmouth bass, northern pike, walleye, sauger or hybrid, a 10 fish aggregate daily bag limit for panfish, and a 3 fish aggregate daily bag limit for trout.
17. Remove the continuous open season for bass, northern pike, and walleye, sauger and their hybrids in the Wisconsin river in Lincoln and Oneida counties, downstream from the St. Regis dam in Oneida county, and place those waters under the department's standard fishing seasons for those species.
18. Increase the minimum size restriction for brook trout in the Prairie river, Lincoln county, from R &H road downstream to STH 17, from 8 to 12 inches, increases the minimum size restriction for brown trout from 12 to 18 inches, and reduces the daily bag limit from 3 trout to 1 trout, until April 1, 2011.
19. Increase the minimum size restriction for muskellunge harvest from 40 to 50 inches in Bone lake, Polk county.
20. Increase the minimum size restriction for muskellunge harvest from 45 to 50 inches in the Chippewa flowage, Sawyer county.
21. Reduce the minimum size restriction for walleye in Sand lake, Sawyer county, from 28 inches to 18 inches and increases the daily bag limit from 1 fish to 3 fish.
22. Increase the minimum size restriction for largemouth and smallmouth bass from 14 inches to 18 inches on Big Portage, Presque Isle, Van Vliet, Averill, and Star lakes, Vilas county, and reduce the daily bag limit from 5 fish to 1 fish.
23. Extend the sunset clause on special regulations for muskellunge and walleye in Sparkling lake, Vilas county from 2008-09 to 2013-14.
24. Remove special regulations for trout in Long lake (Town of Saxeville), Waushara county.
25. Clarify regulations on Green Bay tributaries by increasing the daily bag limit for walleye, sauger and hybrids from 3 fish to 5 fish and increasing the minimum size restriction from no minimum to 15 inches.
26. Increase the daily bag limit for sauger in Lake Winnebago system waters from 0 fish to 1 fish.
Initial Regulatory Flexibility Analysis
Pursuant to s.
227.114, Stats., it is not anticipated that the proposed rules will have a significant 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.
Environmental Impact
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.
Fiscal Estimate for
CR 08-011,
relating to hunting and trapping, and the use of department managed land.
Summary
This rule proposal will have a negligible fiscal impact. The department already enforces trapping regulations during the period in February when raccoon hunting and trapping will be allowed. Trap type definitions and increased bobcat population goals will update furbearer management programs but do not significantly alter department activities. The department already enforces turkey hunting regulations and regulations related to firearms and airgun discharge on public lands.
New signs will be needed to indicate that dryland trapping is allowed in the Marten Closed Area. Dependable department partners, the Wisconsin Trappers Association, have volunteered to assist the department by placing new signs. It is anticipated that new signs and posts will cost approximately $800.
State fiscal effect
Indeterminate
Local fiscal effect
None
Fund sources affected
SEG
Affected Chapter
20 Appropriations
Long-range fiscal implications
No long range fiscal implications are anticipated. These rule proposals modify and modernize management and enforcement activities but do not require significant new efforts.
Fiscal Estimate for
CR 08-010,
relating to fishing on inland, outlying and boundary waters of Wisconsin
State fiscal effect
None
Local fiscal effect
None
Long-range fiscal implications
None
Notice of Hearings
Natural Resources
Fish, Game, etc., Chs.
NR 1—
Hearing Information
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
March 12, 2008
Wednesday at 3:00 p.m.
|
Conference Room
DNR Office
875 South 4th Avenue
Park Falls
|
March 13, 2008
Thursday at 3:00 p.m.
|
Conference Room
DNR Office
300 W. Clairemont Avenue Eau Claire
|
March 14, 2008
Friday at 3:00 p.m.
|
Room G09
GEF #2 State Office Bldg.
101 S. Webster Street
Madison
|
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Karl Scheidegger at (608) 267-9426 with specific information on your request at least 10 days before the date of the scheduled hearing.
Agency Contact Person, Copy of Rule, and Submission of Written Comments
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. Karl Scheidegger, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until March 14, 2008. 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. Scheidegger.
Analysis Prepared by Department of Natural Resources
The proposed rule change would increase the minimum length limit of lake sturgeon from its current 50" limit to a 60" limit and reduce the season length from 6 weeks to 4 weeks on all inland waters where lake sturgeon are now harvested and the lower St. Croix River on the Minnesota-Wisconsin boundary waters. The regulation change would significantly reduce the number of lake sturgeon harvested each year (up to 80%). The rule change would likely affect sturgeon anglers' (both resident and nonresident) opportunities to harvest a fish, but will ultimately provide protection of Wisconsin's sturgeon populations.
Initial Regulatory Flexibility Analysis
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.
Environmental Impact
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.
Fiscal Estimate
State fiscal effect
None
Local fiscal effect
None
Long-range fiscal implications
None
Notice of Hearings
Natural Resources
Fish, Game, etc., Chs.
NR 1—
NOTICE IS HEREBY GIVEN that pursuant to ss.
29.014,
29.063,
29.177 and
227.11, Stats., interpreting ss.
29.063 and
29.177, Stats., the Department of Natural Resources will hold public hearings on revisions to chs.
NR 10,
12 and
19, Wis. Adm. Code, relating to deer hunting as it relates to the management of chronic wasting disease.
Hearing Information
NOTICE IS HEREBY FURTHER GIVEN that the Department will hold an open house from 5:00 p.m. to 7:00 p.m. prior to each hearing. Department staff will be available to answer questions regarding the proposed rules.
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held at 7:00 p.m. on:
March 18, 2008 Oak Hall Conf. Room
Tuesday Fitchburg Community Center
5510 Lacy Road
Fitchburg
Big Bend/Vernon Fire Station No. 3
W223 S7475 Woodland Lane
Big Bend
March 19, 2008 A4 Lecture Hall
Wednesday UW-Baraboo-Sauk Co. Campus
1001 Connie Road
Baraboo
Black Hawk Tech. College
Central Campus-Main Entrance
6004 S. County Road G
Janesville
March 20, 2008 Room CB123 & C&D
Thursday Northeast Wis. Tech College
2740 W. Mason
Green Bay (parking in Lot F)
James Williams Middle School
915 Acacia Lane
Rhinelander
Dodger Bowl
318 King Street
Dodgeville
March 24, 2008 Conference Room
Monday DNR Service Center
1300 W. Clairemont
Eau Claire
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Scott Loomans at (608) 267-2452 with specific information on your request at least 10 days before the date of the scheduled hearing.
Agency Contact Person, Copy of Rule, and Submission of Written Comments
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. Alan Crossley, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until March 25, 2008. 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. Crossley.
Analysis Prepared by Department of Natural Resources
This rule order includes the following proposed changes in the CWD hunting rules:
1. Combine the Disease Eradication Zone (DEZ) and Herd Reduction Zone (HRZ) into one zone, called the CWD Management Zone (CWD-MZ) whose outer boundary is defined by the current HRZ boundary.
2. Instead of a deer population goal of 5 deer/square mile in the DEZ and 10 deer/square mile in the HRZ, establish interim deer population goals for each DMU contained within the CWD-MZ. Those interim deer population goals would be established through a 20% reduction in the goal for those DMUs in 2001, with the exception that DMUs that had goals less than 20 in 2001, remain unchanged.
3. Authorize the use of rifles within the CWD Management Zone with the exception of metro units.
4. Restrict the import of whole cervid carcasses (deer, elk & moose) into Wisconsin from states or provinces that have CWD and restrict whole deer carcass movement from the CWD-MZ to elsewhere in the state. The Department recommends that the effective date of the carcass movement restrictions be delayed until September 1, 2009 to allow hunters time to research and evaluate their options for complying with the movement restriction if they live outside of the CWD-MZ.
5. Allow the harvest of white and albino deer in the entire CWD-MZ (formerly restricted to the DEZ)
6. Allow the shooting of deer from a farm tractor or implement of husbandry in the entire CWD-MZ (formerly restricted to the DEZ)
7. Establish a deer season framework in the CWD-MZ that is more consistent with the season framework that has been used for DMUs that are over goal in the rest of the state. Under this proposal, hunters in the CWD Zones could expect the following season framework in 2008:
• Archery season: September 13 to January 4
• Youth hunt: October 4-5
• Early firearm season: antlerless only October 16-19
• 9-day firearm deer season: November 22-30
• 10-day muzzleloader season: December 1-10
• Late firearm season: antlerless only December 11-14
• Holiday firearm season: antlerless only December 26-January 4
• Unlimited Earn-a-buck regulations in effect with pre-qualification
Initial Regulatory Flexibility Analysis
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
Small Business@dnr.state.wi.us or by calling (608) 266-1959.
Environmental Impact
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.
Fiscal Estimate
Summary
Since 2002 the department has had rules in place to manage and control CWD. In previous years the department has added significant areas of southern Wisconsin to one of the designated CWD management zones which may have added to added costs or reduced revenues to the department. However, this year the department is combining two zones into one but is not expanding the area of the state where CWD is managed in the deer herd. The zones will have consistent seasons and regulations and no new costs are expected. This change will reduce simplify regulations, reduce confusion, and may improve department efficiency.
Another provision of this rule would prohibit the importation of cervid animal carcasses from the CWD management zone or other states where CWD has been identified. The importation of meat, hides, antlers, and cleaned skull would be allowed however, so this provision is not expected to significantly influence the spending or travel activities of hunters.
These proposed modifications do not result in an increase or decrease in appropriations, revenues, or costs for the department.
State fiscal effect
None
Local fiscal effect
None
Long-range fiscal implications
Long range costs are dependant on the duration of department efforts and whether the size of the area impacted by CWD regulations shrinks or expands.
Notice of Hearing
Natural Resources
Fish, Game, etc., Chs.
NR 1—
NOTICE IS HEREBY GIVEN THAT pursuant to ss.
23.09 (2) and
227.11 (2) (a), Stats., interpreting s.
23.09 (2), 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.
Hearing Information
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
March 12, 2008
Wednesday at 4:00 p.m.
|
Room 613
GEF #2 State Office Bldg.
101 South Webster Street
Madison
|
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Heidi Nelson at (608) 267-0797 with specific information on your request at least 10 days before the date of the scheduled hearing.
Agency Contact Person, Copy of Rule, and Submission of Written Comments
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 Ms. Heidi Nelson, Bureau of Endangered Resources, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until March 19, 2008. 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. Nelson.
Analysis Prepared by Department of Natural Resources
The Department is revising ch.
NR 58, the Endangered Resources Small Grants administrative rule, to add provisions establishing a grant program to provide financial assistance to the public, nongovernmental organizations, and public agencies to protect species of greatest conservation need and their habitat.
The State Wildlife Grants Program, funded through a grant from the U.S. Fish and Wildlife Service, will provide funding for projects that protect species of greatest conservation need and their habitat, and that implement the Wildlife Action Plan. The ultimate goal of the program is to prevent the decline of wildlife species to a point where they are endangered. Projects funded by this grant program will also help protect and restore important land and water resources, allow for the collection and evaluation of information necessary to be able to determine which wildlife species are in trouble, and support efforts to establish and maintain partnerships. By emphasizing a proactive approach, the State Wildlife Grants Program supports efforts to take action to protect declining wildlife species before they become too rare and costly to protect.
The new program will provide a 50% to 100% cost share to agencies, landowners and organizations who meet the criteria of the program.
Initial Regulatory Flexibility Analysis
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.
Environmental Impact
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.
Fiscal Estimate
Summary
The U.S. Fish and Wildlife Service (USFWS) is providing funding for states through the State Wildlife Grants Program. The program requires the Department to provide a 25% match for planning projects and a 50% match for implementation projects.
The Department currently has a grant agreement with USFWS for federal funding of $1,806,196 over a two year period. Of this amount, an estimated $1,079,924, or $539,962 annually will be used for administrative, development and implementation costs of the program ($434,962 salary and fringe benefit costs, and $105,000 in other state operations costs annually). With the proposed rule amendment, the Department will establish and implement Wisconsin's State Wildlife Grants Program to provide funding through a grant process to governmental agencies, educational institutions, nonprofit organizations and individuals. Funding will be used to protect Species of Greatest Conservation Need and their habitats and help implement the Wildlife Action Plan. Total funding for grants is estimated to be $726,272 over the 2-year period, or $363,136 annually.
The grants may include a match of up to 50% by grantees which is expected to cover much of the state match for the federal grant. The remaining state match will be provided through: 1) existing staff time spent on administration of the State Wildlife Grants Program, including outreach and assistance to grant applicants, 2) existing staff time spent on projects to protect Species of Greatest Conservation Need and their habitats, and 3) a land bank that was established specifically for the purpose of helping match the federal State Wildlife Grant. State matching costs are indeterminate and not identified here, but are within existing budgets that may be re-directed to support grant activities.
State fiscal effect
There will be an increase in existing revenues. Increased costs may be possible to absorb within the agency's budget.
Local fiscal effect
None
Long-range fiscal implications
None
Notice of Hearing
Public Instruction
NOTICE IS HEREBY GIVEN That pursuant to s.
227.11 (2) (a), Stats., and interpreting s.
115.28 (46), Stats., the Department of Public Instruction will hold public hearings as follows to consider proposed emergency and permanent rules creating Chapter
PI 31, relating to grants for science, technology, engineering, and mathematics programs.
Hearing Information
The hearings will be held as follows:
March 18, 2008 Madison
3:00 p.m. - 5:00 p.m. GEF 3 Building
125 South Webster Street
Room 041
March 21, 2008 Madison
11:00 a.m. - 1:00 p.m. GEF 3 Building
125 South Webster Street
Room 041
The hearing site is fully accessible to people with disabilities. If you require reasonable accommodation to access any meeting, please call Sharon Wendt, Director, Career and Technical Education, at (608) 267-9251,
sharon.wendt@dpi.wi.gov, or leave a message with the Teletypewriter (TTY) at (608) 267-2427 at least 10 days prior to the hearing date. Reasonable accommodation includes materials prepared in an alternative format, as provided under the Americans with Disabilities Act.
Copy of Rule
Lori Slauson
Administrative Rules and Federal Grants Coordinator
Department of Public Instruction
125 South Webster Street
P.O. Box 7841
Madison, WI 53707
Submission of Written Comments
Written comments on the proposed rules received by Ms. Slauson at the above mail or email address no later than March 27, 2008, will be given the same consideration as testimony presented at the hearing.
Agency Contact Person
Analysis by the Department of Public Instruction
Statute interpreted
Statutory authority
Explanation of agency authority
Section
227.11 (2) (a), Stats., gives an agency rule-making authority to interpret the provisions of any statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of the statute.
Section
115.28 (46), Stats., is a new grant program created under
2007 Wisconsin Act 20, that provides $61,500 annually to school districts for science, technology, engineering, and mathematics programs.
Because this is a grant program, rules need to be in place so applicants know what criteria are being used in the awarding of funds.
The department will promulgate these rules as emergency rules effective January 30, 2008, in order to establish application criteria and procedures in time for the program to operate in the second semester of the school year.
Related statute or rule
None.
Plain language analysis
2007 Wisconsin Act 20, the biennial budget bill, created a new competitive grant program under s.
115.28 (46), Stats., appropriating $61,500 annually for school districts to: 1) develop innovative instructional programs in science, technology, engineering and mathematics; 2) support pupils who are typically underrepresented in these subjects; and 3) increase the academic achievement of pupils in those subjects.
A new rule chapter must be created to implement this grant program.
Emergency rules were promulgated effective January 30, 2008, in order to establish application criteria and procedures in time for the program to operate in the second semester of the school year.
Comparison with federal regulations
N/A
Comparison with rules in adjacent states
Illinois – does not currently have a rule relating to grant programs for STEM. It does have a rule that awards grants to school districts to provide classroom computers and student lap tops.
Minnesota, Iowa and Michigan do not have rules relating to grant programs for STEM.
Summary of factual data and analytical methodologies
Wisconsin faces the challenge of developing an economy that is more knowledge based than is presently the case. Encouraging a significantly higher number of students to consider careers in science, technology, engineering and math (STEM) could be an important step in remedying this situation. Equally important, given STEM-related advances and the influence of those advances on the economy, there is a great need for all Wisconsin students to have a solid foundation in these areas of study. Finally and perhaps most critically, there are troublesome participation gaps in STEM that have the potential to widen the achievement gap if they are not successfully addressed.
Section
115.28 (46), Stats., allows grants to be awarded to school districts to, in part, increase the participation of underserved students and the academic achievement of pupils in STEM. In order to overcome some of the issues resulting in achievement and participation gaps in STEM courses and career pursuits, and to better prepare Wisconsin students for meaningful careers in STEM-related fields, the rules expand the definition of “academic achievement" to include the achievement of pupils in STEM courses, career or technical applications.
Because
2007 Wisconsin Act 20 creating this grant program became effective October 27, 2007, the rule established an application deadline of February 15 to expedite the awarding of funds in 2007-08. In subsequent years, applications will be due May 1 to coincide with application timelines established for other grants awarded by the department.
Initial Regulatory Flexibility Analysis
The proposed rules are not anticipated to have a fiscal effect on small businesses as defined under s.
227.114 (1) (a), Stats.
Fiscal Estimate
Summary
Under s.
20.255 (2) (fz), Stats.,
2007 Wisconsin Act 20 appropriated $61,500 annually for school districts to 1) develop innovative instructional programs in science, technology, engineering and mathematics; 2) support pupils who are typically underrepresented in these subjects; and 3) increase the academic achievement of pupils in those subjects.
The rules establish criteria and procedures for awarding grants under this program. The rules will have no fiscal effect on local governments or small businesses as defined in s.
227.114 (1) (a), Stats.
The costs associated with administering this grant program will be absorbed by the department.
Anticipated costs incurred by private sector
None.
