3. A statutory provision containing a specific standard, requirement, or threshold does not confer on the agency the authority to promulgate, enforce, or administer a rule that contains a standard, requirement, or threshold that is more restrictive than the standard, requirement, or threshold contained in the statutory provision.
(b) Each agency may prescribe forms and procedures in connection with any statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of the statute, but this paragraph does not authorize the imposition of a substantive requirement in connection with a form or procedure.
(c) Each agency authorized to exercise discretion in deciding individual cases may formalize the general policies evolving from its decisions by promulgating policies as rules which the agency shall follow until they are amended or repealed. A rule promulgated in accordance with this paragraph is valid only to the extent that the agency has discretion to base an individual decision on the policy expressed in the rule.
Section
304.06 (1) (e): The parole commission shall permit any office or person under par. (c) 1. to 3. To provide written statements. The parole commission shall give consideration to any written statements provided by any such office or person and received on or before the date specified in the notice. This paragraph does not limit the authority of the parole commission to consider other statements or information that it receives in a timely fashion.
Section
304.06 (1) (em): The parole commission shall promulgate rules that provide a procedure to allow any person who is a victim, or a family member of a victim, of a crime specified in s.
940.01,
940.03,
940.05,
940.225 (1),
(2), or
(3),
948.02 (1) or
(2),
948.025,
948.06, or
948.07 to have direct input in the decision-making process for parole.
Estimate of The Amount of Time State Employees Will Spend Developing the Proposed Rule and of Other Resources Necessary to Develop the Rule
The Department estimates that it will take approximately 200 hours to develop this rule, including drafting the rule and complying with rulemaking requirements.
Description of all of the Entities that Will be Affected by the Rule
This rule will affect inmates, victims, courts, attorneys, the public and department staff.
Summary of and Preliminary Comparison with any Existing or Proposed Federal Regulation that Is Intended to Address the Activities to be Regulated by the Proposed Rule
There are no federal regulations which address the issue of parole grants for Wisconsin inmates.
Anticipated Economic Impact of Implementing the Rule (Note if the Rule Is Likely to Have a Significant Economic Impact on Small Businesses)
The department anticipates that the proposed rule will have minimal to no economic impact statewide or locally.
Contact Person
Kathryn R. Anderson, Chief Legal Counsel, Wisconsin Department of Corrections, 3099 East Washington Avenue, P.O. Box 7925, Madison, WI 53707-7925, (608) 240-5049,
kathryn.anderson@wisconsin.gov.
Natural Resources
Environmental Protection—General, Chs.
100—
Environmental Protection—Wis. Pollutant Discharge Elimination System, Chs.
200—
Environmental Protection—Water Regulation,
Chs.
300—
Environmental Protection—Air Pollution
Control, Chs.
400—
Environmental Protection—Solid Waste
Management, Chs.
500—
Environmental Protection—Hazardous Waste Management, Chs.
600—
Environmental Protection—Water Supply, Chs.
800—
(DNR # WA-14-13)
This statement of scope was approved by the governor on March 27, 2013.
Rule No.
Chapters
NR 130 to
132,
182,
500 to
555, and
660 to
679, and other chapters that may require amendment: chapters NR 103, 123, 135, 140, 150, 213, 214, 216, 350, 406, 812, and 815.
Relating to
Rule Amendments to chs.
NR 130 to
132,
182,
500 to
555, and
660 to
679, as required by Section
103 of
2013 Wisconsin Act 1, and to other chapters that contain exemptions for nonferrous mining and that may require amendment, chs.
NR 103,
123,
135,
140,
150,
213,
214,
216,
350,
406,
812, and
815, Wis. Admin. Code, as required by Section
103 of
2013 Wisconsin Act 1.
Rule Type
Permanent.
Finding/Nature of Emergency (Emergency Rule Only)
This is not an emergency rule.
Detailed Description of the Objective of the Proposed Rule
The objective of the proposed rules is to implement the rule making requirements contained in
2013 Wisconsin Act 1. This act generally sets forth the regulatory requirements that apply to ferrous mining. Section 103 of the act requires the department to revise the following rules:
(a)
Chapters
NR 130,
131,
132, and
182, Wis. Admin. Code, and other rules promulgated under section
293.13 (1) (a) of the statutes to clarify these chapters do not apply to ferrous metallic mining,
(b)
Chapters
NR 500 to
555 and
660 to
679, Wis. Admin. Code, and any other rules promulgated under sections
289.05 and
289.06 (1) of the statutes so these rules are consistent with subchapter III of chapter 295 of the statutes, and
(c) Any other rules that provide exemptions for nonferrous mining or associated activities to provide the same exemptions for ferrous mining and associated activities. We have already identified several of the chapters which may require revision. These are listed under item 4 below.
In addition, other changes to rule chapters that are not specifically identified may be made if necessary to fulfill the Department's obligations under Section
103 of
2013 Wisconsin Act 1.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
These rule revisions are to align the existing rules with the new ferrous mining statutes to provide clarity and consistency on the application of these rules to ferrous mining activities.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
The legal authority for these rule revisions is Section
103 of
2013 Wisconsin Act 1. The purpose of these rule revisions is to clarify the applicability of metallic mining laws to ferrous mining activities. Section 103 is a non-statutory provision requiring the department to revise certain rules and to clarify the rules' applicability with the new ferrous mining law. The statutory authorities for the existing rules and the rules in the program are identified in the table.
Department staff will identify rules that may be subject to amendment under section
103 (1) (c) of
2013 Wisconsin Act 1. Section 103 (1) (c) requires the department promulgate rules revising any rules that provide exemptions for nonferrous mining and associated activities to provide the same exemption for ferrous mining activities. The rules that contain exemptions for nonferrous mining activities that may require revision pursuant section 103 (1) (c) include:
(1) NR 103 — WATER QUALITY STANDARDS FOR WETLANDS
(2) NR 123 — WELL COMPENSATION PROGRAM
(3)NR 135 — NONMETALLIC MINING RECLAMATION
(4) NR 140 — GROUNDWATER QUALITY
(5) NR 150 — ENVIRONMENTAL ANALYSIS AND REVIEW PROCEDURES FOR DEPARTMENT ACTIONS
(6) NR 213 — LINING OF INDUSTRIAL LAGOONS AND DESIGN OF STORAGE STRUCTURES
(7) NR 214 — LAND TREATMENT OF INDUSTRIAL LIQUID WASTES, BY-PRODUCT SOLIDS AND SLUDGES
(8)NR 216 — STORM WATER DISCHARGE PERMITS
(9)NR 350 — WETLAND COMPENSATORY MITIGATION
(10) NR 406 — CONSTRUCTION PERMITS
(11) NR 812 — WELL CONSTRUCTION AND PUMP INSTALLATION
(12) NR 815 — INJECTION WELLS
In addition, there may be other rules subject to amendment to meet the requirements of section 103.
Estimate of Amount of Time that State Employees Will Spend Developing the Rule and Other Resources Necessary to Develop the Rule
We expect the revision to the rules can be conducted in 1000 hours.
List with Description of all Entities that may be Affected by the Proposed Rule
We expect those entities that will be affected by these changes will primarily be those parties engaged in the exploration, bulk sampling and mining of iron ore deposits in Wisconsin.
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
These rule revisions are to align the existing rules with the new statutes to provide clarity and consistency on the application of these rules to ferrous mining activities and will result in reduced administrative rule requirements applying to ferrous mining activities. Proposed ferrous mining activities will now be covered by the statutory requirements of chapter 295, subchapter III, Ferrous Mining (ch. 295.40 through 295.79) as established by
2013 Wisconsin Act 1. These rule revisions are not being pursued or adopted to be as stringent as any applicable federal laws as there is no analogous federal ferrous mining law.
Anticipated Economic Impact of Implementing the Rule (Note if the Rule Is Likely to Have an Economic Impact on Small Businesses)
This rule drafting effort will follow the direction set forth in section
103 of
2013 Wisconsin Act 1 to clarify the applicability of metallic mining laws to ferrous mining activities and therefore is likely to have no impact in and of itself as the procedures for mining a ferrous mineral deposit as these are set forth in
2013 Wisconsin Act 1. The department does not believe this will have an economic impact on small businesses.
Contact Person
Ann Coakley, 608/516-2492 or 608/261-8449.
Natural Resources
Fish, Game, etc., Chs.
1—
(DNR # FH-16-13(E))
This statement of scope was approved by the governor on March 29, 2013.
Rule No.
Relating to
Fishing regulations in the Ceded Territory.
Rule Type
Emergency.
Finding/Nature of Emergency (Emergency Rule Only)
The Department of Natural Resources (Department) finds that an emergency rule is needed to promote the preservation and protection of public peace, health, safety, and welfare in the Ceded Territory of Wisconsin by minimizing regional social and economic disruption known to be associated with reductions in walleye bag limits on off-reservation waters. Pursuant to litigation arising from Lac Courte Oreilles v Voigt,
700 F. 2d 341 (7th Cir. 1983), the six Wisconsin bands of Lake Superior Ojibwe (Chippewa Bands) have the right to take walleye from off-reservation waters using efficient methods such as spearing and netting. The Chippewa Bands have made initial 2013 harvest declarations for off-reservation lakes that are sufficiently high to require the department to reduce the daily bag limit to 1 on 197 lakes, consistent with the formula of s.
NR 20.36, Wis. Adm. Code. Authority to promulgate emergency rules pursuant to the authority granted by this scope statement will provide the Department with the flexibility necessary to adjust angler regulations to potentially alleviate and minimize regional social and economic disruption known to be associated with reductions in walleye bag limits on off-reservation waters within the Ceded Territory.
Detailed Description of the Objective of the Proposed Rule
The proposed rule would allow emergency rule changes for making adjustments to fishing regulations in the Ceded Territory to allow more flexibility in responding to tribal declarations and harvest levels for the 2013-14 fishing season. Currently these regulations are prescribed in ss.
NR 20.18,
20.20,
20.36, and
20.37, Wis. Adm. Code. In particular, the Department would like the authority to readjust bag limits at an earlier date than what is prescribed in s.
NR 20.36 (3), though other provisions prescribed in ss.
20.18,
20.20,
20.36, and
20.37, Wis. Adm. Code, may be considered depending on final declared, expected or realized tribal harvest levels.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
The proposed rule would make modifications to portions of ch.
NR 20, Wis. Adm. Code, pertaining to sport fishing regulations on inland waters of Wisconsin. These changes are proposed to protect and enhance the State's fish resources.
Current Administrative Code requires the department to make changes to angler bag limits for walleye in lakes named for harvest by any of the Chippewa Bands. These bag limit adjustments are designed to prevent exceeding 35% exploitation of individual walleye fisheries by joint tribal and angler harvest. Angler bag limit reductions are designed to accommodate the intended amount of tribal harvest. Section
NR 20.36 (3), Wis. Adm. Code, contains specific provisions that allow the bag limits to be adjusted in response to changes in expected tribal harvest however adjustments are not allowed until the third Monday in May. Trends in recent years show that tribal harvest is often completed well before that date and that bag limit adjustments could occur at an earlier date. Hearings have been authorized on a permanent rule to remove the date restriction, but an emergency rule would be needed to make these changes earlier in 2013.
Other factors affecting expected tribal harvest in 2013 are currently uncertain and the Department also requests approval to consider emergency rule alternatives to angling regulations prescribed in ss.
NR 20.18,
20.20,
20.36, and
20.37, Wis. Adm. Code, relating to tribal harvest which could better accommodate final declared, expected, or realized tribal harvest levels as they become known for the 2013 season.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
29.014 (1), Stats., directs the Department to establish and maintain conditions governing the taking of fish that will conserve the fish supply and ensure the citizens of this state continued opportunities for good fishing.
Section
29.041, Stats., provides that the Department may regulate fishing on and in all interstate boundary waters and outlying waters.
Estimate of Amount of Time that State Employees Will Spend Developing the Rule And of Other Resources Necessary to Develop the Rule
Approximately 120 hours.
List with Description of all Entities that may be Affected by the Proposed Rule
Licensed sport anglers.
