NOTICE IS HEREBY GIVEN that pursuant to ss.
29.014 (1),
29.039,
29.405 (3),
29.053,
29.531 and,
29.533, Stats., the Department of Natural Resources will hold public hearings on revisions to Chapters
NR 19,
20,
21,
22 and
23, Wis. Adm. Code, relating to minor, non-substantive “housekeeping" changes to fishing regulations on the inland, outlying and boundary waters of Wisconsin.
Hearing Information
The hearings will be held:
Friday — August 14, 2009
2:00 p.m.
101 S. Webster Street
Room 406
Madison, WI
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 Joseph Hennessy at (608) 267-9427 with specific information on your request by August 7, 2009.
Copies of Proposed Rules 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 changes may be submitted via U.S. mail to Mr. Joseph Hennessy, Bureau of Fisheries Management, P.O. Box 7921, Madison, WI 53707. Written comments shall be postmarked not later than August 5, 2009. Written comments whether submitted electronically or by U.S. mail will be summarized for the Natural Resources Board. Written comments will have the same weight and affect as oral statements presented at the hearings. A copy of the proposed rules and fiscal estimate can be obtained from Mr. Joseph Hennessy.
Analysis Prepared by Department of Natural Resources
Statutes interpreted
Statutory authority
Plain language rule analysis
The proposed rules will:
1. Clarify that hoop nets may not be set within 200 feet of a fishway, lock, or dam, and that individuals may not use hook-and-line, setlines, or nets for taking turtles in a way or during any time when these methods are prohibited for fishing;
2. Clarify that the possession limit for trout from inland waters is 10 fish, and is separate from the possession limit for Great Lakes trout and salmon;
3. Clarify language governing the prohibition of tagging and releasing fish without a permit;
4. Resolve conflicts between state statute and administrative code regarding rules governing fishing with a bow and arrow. State statute provides that the department shall allow bowfishing at night wherever it is allowed during daylight hours in inland, outlying, and boundary waters;
5. Correct administrative errors which occurred during the drafting of rules regarding harvest of catfish from Winnebago system waters. There is a total daily bag limit of one flathead catfish, rather than 2, allowed from Winnebago system waters, and there is no closed season for channel catfish in these waters;
6.
Clarify that dip netting and seining for cisco and whitefish are permissible at any time of day in Keyes lake (Florence county), Trout and Pallette lakes (Vilas county), and in all other waters not specifically listed in the county and statewide table in s.
NR 20.20, and also clarify that seining for smelt is permissible any time of day in Lake Superior;
7. Repeal code related to walleye harvest regulations in Enterprise lake (Langlade county). The code being repealed was improperly placed in the section for rules related to lakes in Lincoln county. The proper code related to walleye regulations in Enterprise lake already exists under the section related to rules for lakes in Langlade county;
8. Correct an omission which occurred in the implementation of rules which extended the open season for muskellunge in waters south of Highway 10 from November 30 to December 31. The later season-ending date applies to Winnebago system waters;
9. Correct the effective end date for bag limit adjustments made in the Wisconsin Ceded territory in response to tribal declarations and harvest, and correct inconsistency in language which applies to readjustments of bag limits after spring tribal harvest;
10. Clarifies license requirements for anglers fishing Wisconsin- Iowa boundary waters, and corrects the name of the boundary on the Wisconsin side of the Mississippi river; and
11. Correct omissions made during the implementation of rules governing harvest of lake sturgeon from Wisconsin-Michigan boundary waters. Rules which were adopted for inland waters also applied to these boundary waters, but the appropriate changes in code were not made.
Small Business Impact
Pursuant to s.
227.114, Stats., it is not anticipated that the proposed changes will have a significant economic impact on small businesses.
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.
Fiscal Estimate
Summary
The rule changes do not reflect changes in Department policy and are limited to clarification of existing code or changes to pieces of code which do not accurately reflect rules previously adopted by the Natural Resources Board and reviewed by the Legislature, after appropriate public hearings.
None of the proposed changes have fiscal impacts.
State fiscal effect
None.
Local government fiscal effect
None.
Agency Contact Person
Joseph Hennessy
(608) 267-9427
Notice of Hearings
Natural Resources
Fish, Game, etc., Chs.
NR 1—
NOTICE IS HEREBY GIVEN that pursuant to ss.
29.014,
29.885 (3) (b),
169.11,
169.36 (9) (b) and
227.11, Stats., the Department of Natural Resources will hold public hearings on revisions to Chapters
NR 12 and
16, Wis. Adm. Code, relating to regulating feral or wild swine, wolf-dog hybrids and mute swans as captive wild animals.
Hearing Information
The hearings will begin at 6:00 p.m. on the following dates and locations:
August 13, Thursday
West Bend Public Agency Center, Room 1113 A and B,
333 E. Washington St., West Bend, 53095
August 18, Tuesday
Wausau Best Western Midway Hotel,
2901 Hummingbird Road, Wausau, 54401
August 18, Tuesday
Rhinelander's James Williams Middle School,
915 Acacia Lane, Rhinelander, 54501
August 19, Wednesday
La Crosse State Office Bldg., Basement Conference Rooms, 3550 Mormon Coulee Road, La Crosse, 54601
August 19, Wednesday
Northeast Wis. Technical College, Room CB 213 A and B, 2740 W. Mason Street, Green Bay, 54307
August 27, Thursday
Northern Great Lakes Visitor Center,
29270 County Highway G, Ashland, 54806
August 31, Monday
Dunn County Fish and Game Association Clubhouse,
1600 Pine Ave E., Menomonie, 54751
This hearing will be followed by a public hearing on Board Order WM-16-09 relating to deer management unit population goals. The hearing on WM-16-09 begins at 7:00 p.m. at the same location.
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.
Copies of Proposed 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. Scott Loomans, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until August 31, 2009. 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. Loomans.
Analysis Prepared by Department of Natural Resources
Statutes interpreted
Statutory authority
Plain language rule analysis
2007 ACT 119 (ss.
169.11 Stats.) requires that the department designate wild or feral hogs as harmful wild animals. The same statute, s.
169.11 Stats., also authorizes that any non-native animal that is a threat to the environment, public health or the health of domestic animals, or is capable of inflicting severe physical harm to humans or domestic animals may be designated a harmful wild animal. Specifically, these rule proposals:
Section 1 establishes that harmful wild animals may not be trapped and relocated without written permission of the department.
Section 2 adds wild or feral swine, mute swans and wolf dog hybrids to the list of species which are classified as harmful wild animals and establishes definitions.
Section 3 creates an exemption from the requirement that animals be confined at all times so that wolf-dog hybrids can be controlled by a leash.
Section 4 eliminates the option of keeping mute swans that are only sexually sterilized and not also pinioned in pens that are not covered and clarifies that mute swans which are both pinioned and sexually sterilized may not be at large from the property which is licensed.
Section 5 allows the possession of wild or feral swine only by certain people who are producing them for meat and slaughter off-site or by a custom meat processor and that feral or wild swine are permanently marked with identifying information.
Section 6 requires wolf-dog hybrids to be sexually neutered and permanently marked with identifying information.
Sections 7, 8 and 11 establish pen standards and allow that wolf-dog hybrids may utilize space that is intended for human occupancy.
Section 9 requires that enclosures for wild or feral swine include a section of fence or wall that is buried at least 30 inches.
Section 10 establishes that secondary, perimeter fences are not required for housing mute swans and that the perimeter fence standards are reduced for wolf-dog hybrids in rural areas.
Section 11 applies the existing pen space requirements for captive timber wolves that are held in pens with open tops to wolf-dog hybrids that are held in pens with open tops. This section also establishes that minimum pen size standards do not apply until January 1, 2014.
Section 12 establishes record keeping and reporting requirements for wild or feral swine, wolf-dog hybrids and mute swans.
Section 13 requires the owners of harmful wild animals to report escapes to the department within 24 hours of becoming aware of the escape. This section also clarifies that the department may dispose of an escaped harmful wild animal upon determining that the animal poses a risk to public safety or to the health of other domestic or wild animals.
