Scope Statements
Administration
This statement of scope was approved by the governor on March 15, 2013.
Rule No.
Relating to
Facility use.
Rule Type
Emergency and permanent.
Finding/Nature of Emergency (Emergency Rule Only)
The legislature has vested management authority over various state buildings and grounds, including those of the Wisconsin State Capitol, in the Department of Administration since 1979.
See Wis. Stats. s.
16.84 (1). Since 1979 the Department has permitted the use of these buildings and grounds for the free discussion of public questions and other purposes, so long as such uses did not interfere with the prime uses of these facilities, or otherwise infringe on interests of the state.
See Wis. Stats. s.
16.845; Wis. Admin. Code s.
Adm 2.04.
Beginning February 2011 groups of persons began to occupy the Wisconsin State Capitol building without permits. This included appropriating rooms and hallways in the Capitol building for purposes such as camping and storage of bulk supplies. To restore order to the building and to return the building to a point where the work of the Wisconsin State Legislature and the Supreme Court of Wisconsin could perform their constitutionally authorized functions without undue disruption, the Department expended funds in excess of $7,400,000 for law enforcement personnel. The continuous occupation of the State Capitol was formally terminated in March of 2011.
Groups of persons continue to occupy rooms in the Wisconsin State Capitol building without permits, including the Capitol rotunda. These groups constitute an exception to the norm.
The Wisconsin State Capitol Police (WSCP) issue more than 400 permits annually for the use of various state facilities. Permits are issued for a variety of purposes, whether political, non-political, charitable or commercial. Permits are issued regardless of political party, affiliation or content.
Occupation of the Capitol rotunda and other areas has caused disruptions to properly permitted events and normal governmental activities, including, but not limited to, a Red Cross blood drive, a high school science exhibit, school group tours, general public tours, and legislative committee meetings and sessions. The State does not refuse permits for the lawful and safe use of State facilities by any group or groups. Neither can the State allow any group to occupy the Capitol in disregard of the rights of permit holders, public employees or visitors. It is imperative that the Department continue to gain greater compliance from user groups in order to protect public safety and welfare.
Detailed Description of the Objective of the Proposed Rule
The objective of the proposed rule is to obtain greater compliance from user groups regarding facility use. This objective will be achieved by codifying historical Department practices and more clearly detailing certain provisions of the administrative code as informed by judicial interpretations.
This proposed rule-making may do the following:
A. Codify the WSCP's historical practice of issuing permits to any person requesting such permits, rather than restrict permit requests to only a limited class of governmental officials, non-profit organizations, and the like.
B. Codify limits on the discretion of the WSCP currently found in the Department publication entitled, “Wisconsin State Facilities Access Policy" (WSFAP).
C. Codify the ability of the Department to publish reasonable, content-neutral limitations on uses appropriate for individual facilities, as the primary uses of buildings and facilities may differ.
D. Adopt the historical interpretation of the WSCP, that persons may be cited for violations of Wis. Admin. Code s.
Adm 2.14 (2) for conduct occurring in rooms reserved for use by the Legislature.
E. Define terms such as “event" and “exhibit" and “room," or others as deemed appropriate to increase the clarity of the code.
F. Codify the ability of the Department to waive the requirement that events or exhibits may only occur when a permit has been applied for 72 hours in advance, under a narrow set of circumstances.
G. Further clarify the distinction between an exhibit and signs and the like which are incidental to events, as discussed by Dane County Circuit Court Judge Remmington.
H. Further clarify that a person who creates a hazardous condition and refuses to cease doing so may be cited for such conduct under Wis. Admin. Code s.
Adm 2.14 (2) (zd).
I. Further clarify that even common materials can pose a hazard when used or deployed in a hazardous manner.
J. Further clarify that materials deployed in a hazardous manner may be disposed of by WSCP.
K. Further clarify the appropriate interpretation of Wis. Admin. Code s.
Adm 2.14 (2) (v) by sub-dividing the text, as it was interpreted by Dane County Circuit Court Judge Genovese.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Policies relevant to the rule are existing policies as found in Wis. Stats. s.
16.84, s.
16.845, Wis. Admin. Code Ch.
Adm 2, and the historical interpretations of the law as found in WSFAP. Alternatives to codifying historical practice and further clarifying the existing administrative code include: a) terminating the use of the Wisconsin State Capitol as a designated public forum; b) restricting the manners of use of the designated public forum; or c) disposing of the permitting system in favor of a “voluntary permit system."
Terminating the use of the Wisconsin State Capitol building as a designated public forum is an alternative. The United States Capitol building and a substantial number of other state capitol buildings are not public forums. Employing this alternative is not desirable since the vast majority of users have demonstrated that they are capable of holding events or displaying exhibits without undue interference with the functions of the Legislature or the Department. Similarly, restricting the manner of use (e.g. prohibiting rallies and the like) in the Wisconsin State Capitol building is an alternative that is not recommended for the same reasons.
Allowing the free use of the Capitol building without need for a permit is not practicable. There is no known legal or factual precedent for this type of arrangement in any other state capitol buildings. More importantly, the potential for conflict between user groups is too high to make such an approach a realistic or practical alternative, as demonstrated by the issues cited in the finding of emergency.
Detailed Explanation of Statutory Authority for the Rule, Including the Statutory Citation and Language
The Department is the managing authority of numerous state properties, and is required to, “Have charge of, operate and maintain
… the state capitol building
… and such other state properties as are designated by law." Wis. Stats. s.
16.84 (1). “The department shall promulgate under ch.
227, and shall enforce or have enforced, rules of conduct for property leased or managed by the department." Wis. Stats. s.
16.846 (1). Additionally, “the managing authority of any facility owned by the state
… may permit its use for free discussion of public questions, or for civic, social or recreational activities." Wis. Stats. sec. 16.845 (1). Further, “Whoever does or attempts an act for which a permit is required under this section without first obtaining a permit may be fined
… or imprisoned
… or both."
Estimate of Amount of Time that State Employees Will Spend Developing the Rule and Other Resources Necessary to Develop the Rule
Excluding time spent reviewing existing rules, historical information, and other sources in the preparation of this scope statement, we estimate that completion of the Final Draft of this emergency rule will require an additional 24 hours of staff time.
List with Description of all Entities that may be Affected by the Proposed Rule
This proposed emergency rule will clarify and protect the rights of all of the hundreds of user groups who obtain permits to use State facilities each year, as well as the Legislature, Supreme Court, the Attorney General's Office, and the numerous citizens and school groups who visit or work in our State Capitol and other State facilities.
Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that Is Intended to Address the Activities to be Regulated by the Proposed Rule
Existing federal regulations allow no permitted activities inside the U.S. Capitol building. Existing federal regulations require permits of activities on the grounds of the U.S. Capitol whenever 25 or more persons are involved. Existing federal regulations concerning other facilities vary widely by the nature and location of the facility.
Anticipated Economic Impact of Implementing the Rule. Also, Please Note if the Rule Is Likely to Have an Economic Impact on Small Businesses
None.
Contact Person
Mike Huebsch.
Natural Resources
Fish, Game, etc., Chs.
NR 1—
This statement of scope was approved by the governor on March 13, 2013.
Rule No.
Relating to
Deer management, hunting, and implementation of the 2012 White-tailed Deer Trustee's Report.
Rule Type
Permanent.
Finding/Nature of Emergency (Emergency Rule Only)
These will be permanent rules.
A proposal contained in the 2013–15 state budget would direct the department to develop emergency rules allowing final implementation of provisions from the White-tailed Deer Trustee's Report as soon as the 2014 deer season. If that proposal is enacted, the department will prepare a scope statement for emergency rules that will be similar to this scope statement.
Detailed Description of the Objective of the Proposed Rule
There has been dissatisfaction with various issues related to white-tailed deer management and hunting in Wisconsin. Gubernatorial candidate Scott Walker made a promise to appoint a “Deer Trustee" to review programs. In October of 2011 Dr. James C. Kroll, officially known as Wisconsin's white-tailed deer trustee, entered into a contract with the State of Wisconsin to conduct an independent, objective and scientifically-based review of Wisconsin's deer management practices. The White-tailed Deer Trustee's report was released to the public in July, 2012.
The objective of these proposed rules is to work with sportsmen and sportswomen and other stakeholders in order to implement ideas and solutions from the Deer Trustee's report to forge a new age for deer management.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Implementation of the Deer Trustee's report will result in establishing significant new policies for deer management and hunting management compared to current rules. The primary policy alternatives being analyzed and considered are ones recommended in the report. Throughout this rulemaking process, the department and its partners may evaluate other policy alternatives as they are identified.
The full report is located on the Wisconsin Department of Administration's website at:
http://www.doa.state.wi.us/ section.asp?linkid=239&locid=0
Ch. NR 1 related to Natural Resources Board Policies
Ch.
NR 1 establishes a general framework for the department's wildlife and forestry management activities. The department is reviewing the report with this framework in mind and will recommend modifications that are consistent with the report. These rules are likely to shift away from deer population goals expressed in specific numbers of animals in favor of more general population goals. The basis for establishing deer population goals may also be modified by these rules. The department may revise what it considers to be tolerable levels of crop damage. The chapter currently addresses wildlife habitat management policy and those provisions may be strengthened or made more specific based on significant wildlife habitat related recommendations in the report. Development of a Young Forest Initiative Task Force may be addressed in this chapter as well as a Deer Management Assistance Program. Deer research priorities may also be a topic that is addressed in this policy-setting chapter. This chapter will be amended to maintain cross-reference citations with Ch.
NR 10.
Ch. NR 8 related to License and Permit Procedures
Ch.
NR 8 establishes standards and procedures for the automated license issuance system. These rules may recommend changes if they are necessary to improve efficiency or flexibility in the issuance of licenses, as needs arise during development of new automated licensing systems, and to maintain cross-reference citations.
Ch. NR 10 related to Game and Hunting
This chapter establishes most of the deer population management policy and practices and hunting regulations that are in place today. Ch.
NR 10 establishes the Sex-Age-Kill model for estimating deer populations, deer population goals, and deer management units. These rules will replace the current population goals with a simplified goal statement to, “increase, stabilize, or decrease population density." These rules will establish a set of metrics to monitor progress towards the goal. These rules will reduce the number of deer management units and may combine farmland regions. The department will consider using county boundaries in place of the current unit boundaries.
These rules will simplify the regulatory process by setting antlerless harvest goals, regulations, and antlerless permit quotas on a three-to-five year cycle instead of annually under current rule. Historical demand for antlerless permits has not been a factor considered in quota setting in the past but would be a consideration under these rules. Through these rules, the department may eliminate free antlerless deer tags, currently referred to as herd control tags. These rules may establish a fee for antlerless tags which allow harvest of deer in its CWD management zones. Currently, some units have an unlimited number of antlerless deer permits available per hunter but, under this proposal, that may no longer be the case. Finally, these rules may establish antlerless deer permits and allow the establishment of quotas for public lands that are different from the permits and quotas that are established for privately owned lands in a management unit.
Simplifying the regulatory process and implementing a new population management goal system may require a variety of related hunting regulations changes. Changes may include the names for permits and the allowable use of various deer permits. Back tags worn by hunters, deer carcass tags, and tagging requirements may be modified or eliminated where possible in order to simplify regulations or as opportunities arise during development of new automated licensing systems. Deer registration and transportation requirements may be relaxed and, in their stead, more customer-friendly harvest reporting procedures established. Black bear are another species for which in-person registration of harvested animals is required. These rules may modify bear harvest recording requirements if that is practical because deer and bear registration occur at the same locations and through the same process under current rules.
The department may recommend deer hunting season date modifications as a result of this rulemaking. While the report generally recommends that, “keeping seasons and bag limits consistent for longer periods of time would allow better assessment of management progress", it is challenging to discuss management system changes of this scale without considering season dates. For instance, it may be possible to simplify hunting regulations by eliminating a one-day closure of the archery season on the day before the traditional nine-day firearm season opens. The timing of other seasons for youth, disabled hunters, or other special seasons may also be evaluated. A move to more “passive" management of CWD, as recommended in the report, may also involve changes to deer hunting season dates.
This rulemaking will establish a Deer Management Assistance Program that will allow landowners and hunters to work together with the department to manage deer on a site-specific basis. The program will actively involve members of the public in the collection, analysis, and reporting of deer harvest information and improve management of the deer herd. The department may establish enrollment fees for participation in the program and that money will be credited back to implementation. This is a central recommendation of the report and recommends that the department establish: a) applicability to private and public lands, b) initial areas eligible to participate, c) administration of DMAP, d) funding, e) personnel and training, f) minimum property size to participate, g) fees, h) participation requirements, i) data collection requirements, j) registration of deer harvested on DMAP properties, k) data analysis and reporting, and l) assessment of DMAP effectiveness.
The department does not intend to modify regulations on the method of deer harvest at this time. However if an ACT of the legislature modifies a legal method of harvest while this rule package is being promulgated, and related rule changes are needed, this rule package would implement an ACT of the legislature. Notably, the department is aware that changes to the allowable uses of crossbows are being considered.
The trustee's report generally recommends a more passive approach than current department policy to the management of Chronic Wasting Disease. CWD-related rulemaking will be correspondingly limited in this proposal. However, regulation changes related to disease testing protocol, harvest permits and other hunting regulations may be identified and included if they are consistent with the report. The department establishes separate population goals for deer units that are in a CWD zone. Those goals and methods of population estimation will be modified or eliminated by these rules.
These rules may make other modifications to deer hunting regulations if they can be characterized as simplifications. These may include changes to the allowable hunting hours or allowable guns, ammunition, and other devices.
Chs. NR 11 and 15 related to Closed Areas and Game Refuges
Modifications to Chs.
NR 11 and
15 will likely be needed to update cross references with Ch.
NR 10 which will be modified significantly. The report did not recommend changes to these chapters of administrative code. Additional modifications to these chapters may be made if that assists with regulations simplification or improvement of hunting opportunities.
Ch. NR 12 related to Wildlife Damage and Nuisance Control
Modifications to Ch.
NR 12 will likely be needed to update cross references with Ch.
NR 10 which will be modified significantly. The report did not recommend significant structural changes to the damage program. Additional modifications to this chapter may be made if that assists with regulations simplification or improvement of hunting opportunities.
Ch. NR 13 related to Chippewa Treaty Rights Participants
Chapter
NR 13 is intended to regulate off-reservation treaty rights of treaty rights participants recognized by Lac Courte Oreilles Band v. Voigt,
700 F. 2d 341 (7th Cir. 1983). Modifications to Ch.
NR 13 will likely be needed to update numerous cross references with Ch.
NR 10 which will be modified significantly. The report did not recommend changes to this chapter of administrative code.
Ch. NR 19 related to Miscellaneous Fur, Fish, Game and Outdoor Recreation
Modifications to Ch.
NR 12 will likely be needed to update cross references with Ch.
NR 10 which will be modified significantly. This section also contains regulations for feeding of wild animals and white-tailed deer related provisions which are not directly related to the report. Additional modifications to the chapter may be made if that assists with regulations simplification or improvement of hunting opportunities.
