Rule-Making Notices (Hearing Notices)

rulemaking_notices Wisconsin Administrative Register No. 611, 11/14/2006

Rule-making notices

Notice of Hearing

Agriculture, Trade and Consumer Protection
(reprinted from October 31, 2006 Register)

The Department of Agriculture, Trade and Consumer Protection announces that it will hold a public hearing on an emergency rule relating to the minimum acreage for farm-raised deer hunting preserves. This emergency rule preserves the intent of Act 359 to “grandfather" certain pre-existing hunting preserves that would otherwise fail to meet recently-enacted minimum acreage requirements under s. 95.55 (5) (a), Stats. This emergency rule affects a small number of previously licensed white-tailed deer hunting preserves.

DATCP will hold one hearing at the time and place shown below. DATCP invites the public to attend the hearing and comment on the emergency rule. Following the public hearing, the hearing record will remain open until November 20, 2006, for additional written comments. Comments may be sent to the Division of Animal Health at the address below or by e-mail to: [e-mail].

Copy of Rule

You may obtain a free copy of this rule by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Animal Health, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708. You can also obtain a copy by calling [phone] or emailing [e-mail]. Copies will also be available at the hearings. To view the proposed rule online, go to: https://apps4.dhfs.state.wi.us/admrules/public/Home

To provide comments or concerns relating to small business, please contact DATCP's small business regulatory coordinator Keeley Moll at the address above, by emailing to [e-mail] or by telephone at [phone].

Hearing Date and Location

Monday, November 13, 2006
1:00 p.m. to 2:00 p.m.

Department of Agriculture, Trade and Consumer Protection

2811 Agriculture Drive, Board Room

Madison, WI 53708

Handicapped accessible

Hearing impaired persons may request an interpreter for the hearing. Please make reservations for a hearing interpreter by Wednesday, November 8, 2006, by writing to Dr. Richard Bourie, Division of Animal Health, P.O. Box 8911, Madison, WI 53708-8911, telephone [phone]. Alternatively, you may contact the Department TDD at [phone]. Handicap access is available at the hearing.

Analysis prepared by the Dept. of Agriculture, Trade and Consumer Protection

This emergency rule interprets and clarifies 2005 Wis. Act. 359, related to minimum acreage requirements for farm-raised deer hunting preserves. This emergency rule preserves the intent of Act 359 to “grandfather" certain pre-existing hunting preserves that would otherwise fail to meet recently-enacted minimum acreage requirements under s. 95.55 (5) (a), Stats. This emergency rule affects a small number of previously licensed white-tailed deer hunting preserves.

Statutory Authority: ss. 93.07 (1), and 95.55 (6), Stats.

Statute Interpreted: s. 95.55, Stats.

The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) has broad general authority to adopt rules interpreting statutes under its jurisdiction (see s. 93.07 (1), Stats.). DATCP is specifically authorized to adopt rules to regulate both the raising of farm-raised deer and the hunting of farm-raised deer in this state (see s. 95.55 (6), Stats.). This emergency rule clarifies the minimum acreage required for certain white-tailed deer hunting preserves.

Background and Purpose

DATCP administers Wisconsin's animal health and disease control programs, including programs to license and regulate keepers of farm-raised deer. Under s. 95.55, Stats., and DATCP rules, no person may operate a farm-raised deer hunting preserve without a deer farm license and hunting preserve certificate from DATCP. A deer farm license must be renewed every year. A hunting preserve certificate is good for 10 years, unless suspended or revoked.

Section 95.55 (5), Stats. (enacted by 2003 Wis. Act 145 effective January 1, 2003) generally prohibits hunting preserves that are smaller than 80 acres. However, 2005 Wis. Act 359 (enacted effective May 3, 2006) creates a limited “grandfather" exemption for certain white-tailed deer hunting preserves previously licensed by the Department of Natural Resources (DNR). Regulation of white-tail deer farms and hunting preserves was transferred from DNR to DATCP effective January 1, 2003.

Under the “grandfather" exemption created by 2005 Wis. Act 359, DATCP may permit a white-tail deer hunting preserve smaller than 80 acres if the hunting preserve meets several specific requirements. One of the requirements is that the hunting preserve acreage must be “not less than the acreage subject to the DNR deer farm license on December 31, 2002."

The apparent intent of the legislation was to “grandfather" certain white-tailed deer hunting preserves that are currently no smaller than they were when previously licensed by DNR. However, DNR license documents from 2002 refer only to the total acreage of the licensed deer farm (including hunting and non-hunting acreage), and do not separately identify hunting vs. non-hunting acreage. Under one possible reading of the legislation, a hunting preserve is “grandfathered" only if the current hunting acreage is not less than the total hunting and non-hunting acreage licensed by DNR in 2002, even though the hunting acreage itself is no smaller than in 2002. However, such a reading would render the legislation a nullity.

This emergency rule interprets 2005 Wis. Act 359 to preserve the apparent intent of the legislation, and to avoid rendering the legislation null. Under this emergency rule, a white-tailed deer hunting preserve may qualify for “grandfather" status if, among other things, the operator can document that the current hunting acreage is no less than the hunting acreage on the same deer farm licensed by DNR in 2002.

DATCP is adopting this emergency rule to clarify hunting preserve criteria in time for the 2006 hunting season, and within the time period contemplated by 2005 Wis. Act 359. Hunting preserve operators who wish to claim the “grandfather" exemption must apply by November 1, 2006, and DATCP must act on each application within 90 days. DATCP could not adopt this rule by normal rulemaking procedures in time to implement Act 359.

Federal Programs

DATCP administers animal disease control programs in cooperation with the United States department of agriculture (USDA). DATCP cooperates with USDA in the administration of programs related to chronic wasting disease and other diseases of farm-raised deer. USDA does not itself regulate deer hunting preserves, as such.

Surrounding State Programs

Cervid (white-tailed deer) hunting preserves are allowed in surrounding states.

Minnesota law does not specifically permit or prohibit white-tailed deer hunting preserves. Currently some deer farms hold hunts, and there is no minimum acreage required. Although proposed, no legislative action has been taken to clarify the law in the last three legislative sessions.

Iowa originally issued licenses to game farms for the hunting of game birds and /or white-tailed deer. The minimum acreage was 320 acres. Iowa now requires separate licenses for hunting game birds and hunting white-tailed deer. Each hunting area is now required to have a minimum of 320 acres. Some farms could not meet the 320-acre-each requirement when the law changed, so Iowa did allow game farms that formerly hunted both types of game to receive both licenses under a “grandfathering provision", even though neither hunting area is 320 acres. The grandfathering provision opportunity has expired.

Illinois allows hunting of non-indigenous species on game hunting areas of 640 to 2560 contiguous acres. White-tailed deer are native to Illinois and may not be hunted under this license. However, there is no direct prohibition on hunting white-tailed deer. Illinois issues permits for deer breeding farms, with no minimum acreage requirement. Two breeding farms began offering hunts for white-tailed deer 10-15 years ago (a hunter buys a deer and then shoots it). No legislative action has been taken to address the issue of hunts on breeding farms.

Michigan issues licenses to 4 classes of deer farms, dependent mostly on the size of the farm. Hunting of white-tailed deer is allowed on all classes, with no minimum acreage requirement.

Fiscal Impact

This rule will have no fiscal impact on local government and an insignificant impact on DATCP. DATCP will incur added staff and administrative costs to administer the new farm-raised deer hunting preserve certification for less than 80 acres, but expects to absorb the additional workload with existing staff and appropriations. There is a $150 inspection fee to get a hunting preserve certificate. That fee applies to all applications, regardless of acreage.

Small Business Impact

This rule affects a very small number of white-tailed deer hunting preserve operators, all of whom are “small businesses." This rule will have a positive impact on those operators. Current statutes and rules generally prohibit hunting preserves smaller than 80 acres. This rule effectively implements 2005 Wis. Act 359, which provides a possible “grandfather" exemption for a few operators. This rule does not impose any additional restrictions or burdens on small business.

DATCP Contact Person

Questions and comments related to this rule may be directed to:

Dr. Richard Bourie

Department of Agriculture, trade and Consumer Protection

P.O. Box 8911

Madison, WI 53708-8911

Telephone [phone]

E-Mail: [e-mail]

Notice of Hearing

Commerce

(Financial Assistance for Businesses and Communities)

[CR 06-113]

NOTICE IS HEREBY GIVEN that pursuant to s. 560.035 (1) (c), Stats., the Department of Commerce will hold a public hearing on proposed rules under chapter Comm 104, relating to implementing a woman-owned business certification program.

The public hearing will be held as follows:

Date and Time:	Location:
Monday November 27, 2006 Commencing at 10:00 A.M.	Thompson Commerce Center Third Floor, Room 3B 201 West Washington Avenue Madison, Wisconsin

Written comments

Interested persons are invited to appear at the hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing, via e-mail. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until November 30, 2006, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. All written comments should be submitted by e-mail to [e-mail]. If e-mail submittal is not possible, written comments may be mailed to Sam Rockweiler, Department of Commerce, Division of Environmental and Regulatory Services, P.O. Box 14427, Madison, WI 53708-0427.

This hearing will be held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call Sam Rockweiler at [phone] or [phone] (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon a request from a person with a disability.

Rule Summary