169.04 Possession of live wild animals.
169.06 Introduction, stocking, and release of wild animals.
169.07 Exhibition of live wild animals.
169.08 Propagation of wild animals.
169.10 Sale and purchase of live wild animals.
169.11 Harmful wild animals.
169.36 Record–keeping and reporting requirements.
182.017 Transmission lines; privileges; damages. [utility weed control along transmission lines]
281.17 (2)
[DNR to supervise chemical treatment of
waters for the suppression of
nuisance–producing organisms that are not
regulated by the program established under
s.
23.24 (2).]
237.10 Rapide Croche lock [Fox River lamprey barrier]
Comparison with federal regulations
None known.
Comparison with rules in adjacent states
The department is not aware of any other states or provinces that have taken similar actions.
Data and analytical methodologies
Bats affected with WNS were first observed in 2006 at a single cave near Albany, New York. WNS has since been found in 14 states and 2 Canadian provinces, spreading up to 800 miles in the last year. Mortality rates of affected colonies reach 100%. WNS has been linked to the death of over one-million bats since 2007 and threatens to cause the extinction of several bat species in the near future. According to a Consensus Statement issued at the WNS Emergency Science Strategy Meeting in May 2009, white-nose syndrome “… has caused the most precipitous decline of North American wildlife in recorded history." Last spring, the disease was detected within 225 miles of Wisconsin's southern border and 300 miles from the northern border. That means a WNS-infected cave is now located within the 280-mile dispersal range of Wisconsin little brown bats. Based on the disease's current location and known rate of spread, we anticipate the detection of WNS in Wisconsin as early as January, 2011.
Hibernating bats are susceptible to WNS. Those infected tend to show a white fungal growth on their face, arms, legs, wings, and/or tail caused by the newly isolated and named fungus, Geomyces destructans. Infected bats exhibit atypical behavior such as daytime activity during winter hibernation, which rapidly depletes stored energy reserves. Wing damage and emaciation are also common.
To date, nine species of cave bats are affected by WNS, including the federally endangered Indiana bat, which historically was found in Wisconsin. All Wisconsin cave bats, which include the little brown bat (Myotis lucifugus), northern long-eared bat (Myotis septentrionalis), eastern pipistrelle (Perimyotis subflavus), and big brown bat (Eptesicus fuscus), are among the species fatally affected by WNS. Consequently, Wisconsin's cave bat population as a whole is threatened by this devastating disease. The little brown bat is Wisconsin's most common bat species and because this species has seen the greatest mortality rate due to WNS, Wisconsin anticipates significant impacts to its cave bat populations when WNS begins to affect Wisconsin bats. Research published in the journal Science (August 2010) states “…we expect a 99% chance of regional extinction of little brown myotis within the next 16 years."
Research conducted at the United States Geological Survey (USGS) Wildlife Health Center has shown that G. destructans is transferred from bat to bat, and a multi-agency project demonstrated bats can develop white nose syndrome (WNS) through infection directly from an affected cave environment, in the absence of infected bats.
There is also evidence of human transfer of G. destructans from site to site and/or bat via contaminated equipment, gear or clothing. There have been long-distance jumps in the spread of WNS, beyond the distance bats would likely transmit the disease. These “jump" sites have been frequently-visited caves, often with small bat populations. The U.S. Geological Survey, National Wildlife Health Center has detected G. destructans fungal spores in cave sediment, demonstrating persistence of the fungus in the absence of bats. The New York Department of Environmental Conservation, Wildlife Pathology Unit has isolated G. destructans fungal spores on equipment and clothing after exiting an affected cave.
Even in the face of incomplete information, general epidemiological principles should be used to inform the WNS investigation and response. All available evidence indicates that WNS is caused by an infectious agent and can therefore potentially be spread by all known modes of disease transmission, including direct contact, inhalation, ingestion, fomites (inanimate objects), and human or animal vectors. Wildlife diseases such as WNS spread rapidly when there is high prevalence of pathogen(s), efficient chains of transmission, abundant susceptible hosts, and/or environments that allow pathogen persistence without a host. Regardless of the infectious agent (fungus, bacterium, or virus), universal precautions should be implemented. Universal precautions are procedures and guidelines designed to reduce incidence of disease by both preventing infections and breaking chains of transmission.
These rules were developed with the assistance of the Bureaus of Endangered Resources and Legal Services. Department of Justice opinion was also sought and confirmed the need to put the proposed actions into rule. The department has also recently met with stakeholders, including mine and commercial cave owners to discuss WNS and possible management options. All known cave and mine owners in Wisconsin were contacted this year as well to provide background information on WNS and cave management.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report
None.
Small Business Impact
The rule is not expected to have a significant adverse effect on a substantial number of small businesses. Therefore, under s.
227.19 (3m), Stats., a final regulatory flexibility analysis is not required. The rule may have favorable effects on a number of businesses by preventing the introduction or limiting the spread of WNS, thereby preserving the agricultural, economic and environmental benefits associated with healthy bat populations.
There are approximately 120 known bat hibernacula in Wisconsin, and approximately 12 of these are public caves. In addition, less than 20 of the caves and mines in Wisconsin are routinely caved. Affected constituencies include commercial caves and mines, active underground mines, private cave and mine owners, recreational cavers, agriculture and forest industries, and conservation organizations. Concerns will likely include how the proposed rules will affect current activities. Many of these potential concerns may be addressed through cost-sharing, technical support, and education provided by the department. Examples include: cost-sharing for installation of bat gates or other physical barriers, cost-sharing for conservation actions, providing cave closure signage and decontamination protocols, and providing locations of caves that may be used for recreational caving activities (where bats are known to have been excluded). Agriculture industries, forest industries and conservation organizations would be negatively affected by not attempting to control or slow the spread of WNS.
The cost of decontamination will be minimal. The cost of excluding bats at a cave with high human visitation would be $100-$500. The department is seeking funds to cover these costs. The cost of caving gear typically ranges from $125-$750. Very few sites in Wisconsin require vertical climbing gear. The cost of signage at caves and mines would be $0 because the department will provide the signs.
Under the proposed rules, the department may ask any person who owns, controls, or manages property where a cave or mine may be present to install and properly maintain physical barriers to limit access to the cave or mine by either individuals or bats, in accordance with a plan approved by the department. The department is seeking funding to assist with the installation of barriers, and therefore cost to those parties who install such barriers should be negligible. Additionally, commercial caves will have the option to exclude bats from their cave(s) with the help of the department, allowing them to remain open for tourism, and resulting in no loss of tourism dollars. Finally, the department will work with active mines to develop control plans that will not hinder mining operations.
Under current ch.
NR 40, the department may ask any person who owns, controls, or manages property where a prohibited species is present to control the prohibited species in accordance with a plan approved by the department. While a person who owns, controls, or manages property where a prohibited species is present is responsible for controlling the prohibited species that exists on the property, the department will seek funds to assist in the control of prohibited species.
The department will normally follow an informal, stepped enforcement process in order to obtain compliance with invasive species rules. This involves informal discussions between department staff and the individual, landowner or company, notifying the person of potential violations and providing guidance on how to comply with the rules. Notices of non-compliance may follow if necessary. If formal enforcement is necessary, ch.
NR 40 will be enforced by department conservation wardens, county district attorneys, and circuit courts through the use of citations and civil or criminal complaints. Civil and criminal enforcement may also be carried out by department referral of violations to the Wisconsin Attorney General, with prosecution and abatement actions in the circuit courts. Criminal enforcement will be limited to intentional violations. Finally, violations of the permits issued under ch.
NR 40 also may be enforced by administrative permit revocation proceedings.
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 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
Assumptions used in arriving at fiscal estimate
State Fiscal Estimate:
The proposed rule package will require time by DNR staff to prepare the rule and administer rule hearings. Endangered Resources staff, as well as other Department staff, may see an increase in time associated with the changes to bat management, especially in the decontamination of equipment and in monitoring. It is assumed there will not be a significant increase in staff time, and that this time can be covered by existing appropriations.
Local Fiscal Estimate:
Minimal impact to the few local governments that own caves or mines.
Private Fiscal Impacts:
It is assumed there will be negligible costs associated with this rule. Private landowners with caves may experience some costs associated with restricting cave access, such as posting signs, or with time associated with contractors monitoring on their property, but all potential cost impacts are assumed to be minimal.
The department will also seek funds to assist in the design, installation, and maintenance of physical barriers at all caves.
State fiscal effect
Indeterminate. Increase Costs — May be possible to absorb within agency's budget.
Local government fiscal effect
Indeterminate.
Agency Contact
Stacy Rowe, Bureau of Endangered Resources
101 S. Webster Street, ER/6
P.O. Box 7921
Madison, WI 53707-7921
Phone: (608) 266-7012
Amended Notice of Hearings
(See Register dated October 14, 2010 for original)
Natural Resources
Fish, Game, etc., Chs.
NR 1—
DNR# ER-37-10(E) and ER-35-10
NOTICE IS HEREBY GIVEN that pursuant to ss.
23.09 (2),
29.604,
227.11 (2) and
227.24, Stats., the Department of Natural Resources will hold public hearings on the emergency and permanent rule proposals to list four cave bat species as threatened in s.
NR 27.03 (3), Wis. Adm. Code. The hearings will be held concurrently with hearings to list the fungus,
Geomyces destructans, as a prohibited invasive species in s.
NR 40.04 (2), Wis. Adm. Code.
Hearing Information
The hearings will begin at 11:00 am at the locations listed below. Following a brief informational presentation, public comments and statements will be accepted.
Tuesday, October 26, 2010
Glaciers Edge and Gathering Waters Rooms
DNR South Central Region Headquarters
3911 Fish Hatchery Road
Fitchburg, WI 53711
Monday, November 29, 2010
Green Bay State Office Building
Room 618
200 North Jefferson Street
Green Bay, WI 54301
Monday, November 29, 2010
The Pyle Center
Room 315
702 Langdon Street
Madison, WI 53706
Monday, November 29, 2010
Division of State Facilities
Eau Claire State Office Building
Room 139
718 W Clairemont Avenue
Eau Claire, WI 54701
Monday, November 29, 2010
UW Marathon County
Room 218
518 S. 7th Avenue
Wausau, WI 54401
