Agency Contact Person
Scott Loomans
101 South Webster Street, PO Box 7921
Madison, WI 53707-7921
(608) 267-2452
Analysis Prepared by Department of Natural Resources
Statutes interpreted
Statutory authority
Plain language analysis
The intent of these rule changes is to correct drafting errors, provide clarification to existing rules, simplify regulations, and update administrative code language and references. Policy issues affected by this rule are ones which have already been addressed by previous rulemaking.
In addition, the proposed rule will place a 2-year sunset provision on a rule promulgated by the 2009 spring hearing package that splits the bobcat hunting and trapping seasons into two separate permit periods. The sunset provision would cause the bobcat season to revert to a single permit period beginning on the Saturday nearest October 17 and continuing through December 31 in 2011 unless the sunset is lifted by rule.
The proposed rules will also:
1. Clarify that access permits are required of deer hunters at Lake Wissota state park.
2. Clarify that the harvest of deer of either sex is allowed by archery and gun hunters who possess disabled hunting permits, making this regulation consistent with the law that applies to disabled hunters during firearm seasons.
3. Clarify that, where it is legal to place bait for hunting deer, bait may be placed on the day before the archery season as is currently allowed on the day before the gun seasons.
4. Remove the prohibition of hunting deer with full metal jacketed, nonexpanding type bullets so that only nonexpanding type bullets are prohibited.
5. Establish that the prohibition of hunting and firearm discharge on the day before the firearm deer season applies only to the traditional nine-day deer season.
6. Establish that velvet antlers may be possessed in a CWD zone and clarifies that antlers being transported out of a CWD zone must be free of brain tissue but hair or hide does not need to be removed.
7. Incorporate by reference the definitions for a section of federal regulations that are already incorporated into Wisconsin code related to baiting migratory game birds.
8. Eliminate an unnecessary cross reference.
9. Eliminate confusing and unnecessary language and clarifies that, where body-gripping type traps from 60 to 75 square inches in size are prohibited, larger traps are also prohibited.
10. Eliminate an unnecessary gear requirement; relaxing mechanical locks are not needed on snares.
11. Eliminate a limit on participation by disabled hunters during turkey seasons that is no longer needed with only seven turkey management zones.
12. Correct an omission in the name of a deer management unit.
13. Include trapping as an educational outdoor skills activity for which certain exemptions are available so that this rule language will be consistent with statute.
14. Clarify that volunteer wildlife rehabilitators may only serve in a limited capacity on wildlife rehabilitation activities.
15. Correct the number of a subdivision.
16. Update wildlife rehabilitation code language so that it is consistent with proposed changes to the list of threatened and endangered species.
Related statute or rule
There are no state rules or statutes currently under promulgation that directly relate to the provisions that are proposed in this administrative order.
Comparison with federal regulations
These state rules and statutes do not relieve individuals from the restrictions, requirements and conditions of federal statutes and regulations. Regulating the hunting and trapping of native species has been delegated to state fish and wildlife agencies. Additionally, none of the proposed rules exceed the authorities granted to states in
50 CFR part 10.
Comparison with rules in adjacent states
These rule change proposals do not represent significant policy changes and do not differ significantly from surrounding states. All surrounding states have regulations and rules in place for the management and recreational use of wild game and furbearer species that are established based on needs that are unique to that state's resources and public desires.
Summary of factual data and analytical methodologies
This rule order is necessary to correct inconsistencies created through the promulgation of other rules and statutes, update code language, correct previous drafting errors, and to clarify existing administrative code language. The rule changes included in this order do not deviate from current department policy on the management of wildlife and the regulation of hunting and trapping.
Analysis and supporting documentation used to determine effect on small businesses
These rules are applicable to individual sportspersons and impose no compliance or reporting requirements for small businesses, and no design or operational standards are contained in the rule.
Small Business Impact
Pursuant to s.
227.114, Stats., it is not anticipated that the proposed rules will have a significant economic impact on small businesses.
Environmental Analysis
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 intent of these rule changes is to correct drafting errors, provide clarification to existing rules, simplify regulations, and update administrative code language and references. The department anticipates no fiscal effect from these proposed rule changes.
State fiscal effect
None.
Local government fiscal effect
None.
Long-range fiscal implications
No long-range fiscal implications are anticipated.
Notice of Hearing
Natural Resources
Environmental Protection — Air Pollution Control,
Chs.
NR 400—
NOTICE IS HEREBY GIVEN That pursuant to ss.
227.16 and
227.17, Stats, the Department of Natural Resources, hereinafter the DNR, will hold a public hearing on proposed revisions to Chapters
NR 404,
438, and
484, relating to ambient air quality standards for ozone and lead and new reporting requirements for lead compounds on the date and at the time and location listed below.
The proposed revisions relate to issues for State Implementation Plan approvability, and the State Implementation Plan developed under s.
285.11 (6), Stats., will be revised.
Hearing Information
Date: December 1, 2009 (Tuesday)
Time: 1:00 p.m.
Location: DNR Southeast Region Headquarters
Room 140-141
2300 N. Dr. Martin Luther King Jr. Dr.
Milwaukee, WI
Reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Contact Robert Eckdale in writing at the DNR, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707; by E-mail to
Robert.Eckdale@wisconsin.gov ; or by calling (608) 266-2856. A request must include specific information and be received at least 10 days before the date of the scheduled hearing.
Copies of Proposed Rule
The proposed rule and supporting documents, including the fiscal estimate, may be viewed and downloaded from the
Administrative Rules System Web site which can be accessed through the link provided on the Proposed Air Pollution Control Rules Calendar at
http://www.dnr.state.wi.us/air/ rules/calendar.htm . If you do not have Internet access, a copy of the proposed rule and supporting documents, including the fiscal estimate, may be obtained free of charge by contacting Robert B. Eckdale, Bureau of Air Management Rules Coordinator, by e-mail at
robert.eckdale@wisconsin.gov or by calling (608) 266-2856.
Submission of Written Comments
Comments on the proposed rule must be received on or before Monday, December 14, 2009. Written comments may be submitted by mail, fax, E-mail, or through the Internet and will have the same weight and effect as oral statements presented at the public hearing. Written comments and any questions on the proposed rules should be submitted to:
Larry Bruss
Department of Natural Resources
Bureau of Air Management (AM/7)
101 S. Webster Street
Madison, WI 53703
Phone: (608) 267-7543
Fax: (608) 267-0560
Internet: Use the Adm. Rules System Web site accessible
through the link provided on the Proposed Air
Pollution Control Rules Calendar at
Analysis Prepared by Department of Natural Resources
Statute interpreted
Statutory authority
Explanation of agency authority
The Department is required under s.
285.21 (1) (a), Stats., to promulgate by rule ambient air standards similar to, but not more restrictive than the national ambient air quality standards (NAAQS). The Department is also authorized under s.
285.11 (1) and
(6), Stats., to promulgate rules and establish control strategies in order to prepare and implement the State Implementation Plan for the prevention, abatement and control of air pollution in the state.
Related statute or rule
There are no related statutes that are not identified above.
