Scope statements
Natural Resources
Subject
Objective of the rule. The objective of the proposed order is to specify emergencies on department owned lands over which the chief state forester shall have management authority as required by the legislature in WI Act 166, section 23.114. Emergencies described shall include but are not limited to, invasive species or pest infestation, disease and damage to timber from fire, snow, hail, ice or wind. This rule will provide additional authority of the chief state forester to manage emergencies on department owned forest land. The rule will specify the procedure the chief state forester will take in making the decision to act in response to an emergency including considering advice from other state agencies and identified affected or involved parties. This procedure may be similar to that described in s.
NR 30.06 (4), Wis. administrative code dealing with emergency fire restrictions. The rule will also describe the procedure for notifying the public of the emergency situation, what actions will be taken as a result, and when the state of emergency is lifted similar to the procedure described in s.
NR 30.06 (3) (a), Wis. administrative code.
Policy Analysis
The legislature requires the department to define emergencies on department forest lands over which the chief state forester would have management authority. This rule could provide additional authority to the chief state forester to properly respond to forest health emergencies. For example, we are now faced with the threat of invasion by the emerald ash borer, a foreign pest which kills all ash trees it attacks. The only treatment currently available to eradicate pioneering colonies of the borer is to cut down and destroy all infested ash as well as all ash within a
½ mile which are potentially infested though may not show any signs of infestation. This appropriate response might be hindered by s.
26.30 (2), Stats., prohibiting the department from using silvicultural methods, such as the selective cutting described here, to control forest pests. The proposed rule would allow an exception to use silvicultural methods only on department managed forest lands. This proposed rule would also allow the chief state forester to take actions in response to emergencies that might be at odds with the master plan for a property. For example, early harvest of a stand badly damaged by a tornado.
Comparison with federal regulations
The drafter is not aware of any existing or proposed federal regulations that are similar to this proposed rule.
Entities affected by the rule
Businesses and individuals that harvest wood from, as well as users of, state lands could be affected either positively or negatively depending on the circumstances and response to the emergency. The complexity of the potential impacts makes developing a procedure to involve the input from affected or involved parties an important component of this rule.
Statutory authority
This rule is being developed in response to a requirement of the legislature in WI Act 166, section 23.114.
Staff time required
We estimate it will take 30 hours of staff time to develop the proposed rule before any public review and 40 hours for public review hearings afterwards to finalize the rule text.
Natural Resources
Subject
Objective of the rule. Authorization to begin drafting rules pertaining to free issuance of certificate of numbers per
2005 Wisconsin Act 481 and to clarify definitions in s.
NR 5.001.
Policy Analysis
2005 Wisconsin Act 481 which was passed into law requires the department to issue free certificate of numbers to boats in the state used for advertisement for a period not to exceed 15 days.
This will require development of a procedure to do that.
This will only impact people involved in the making of those advertisements.
Wisconsin Administrative code ch.
NR 5 provides definitions clarifying certain points which are in code and statute. We wish to clarify the definition of safe carrying capacity as it relates to capacity plates in boats.
Statutory authority
s.
227.11 (s) (a), statutes for capacity plates.
Staff time required
10 hours.
Comparison with federal regulations
There is a federal regulation pertaining to capacity plates. The requested change does not affect the regulation in federal code nor will the federal code affect the requested change. .
Entities affected by the rule
NMMA.
Natural Resources
Subject
Objective of the rule. Authorization to begin drafting new rules created within s.
NR 19.50 to establish fees for internet based ATV and snowmobile safety certification programs and to go to hearing with new rules.
Policy Analysis
State statute 23.33 (5) (b) 1. mandates that no person who is at least 12 years of age and who is born on or after January 1, 1988, may operate an all-terrain vehicle unless he or she holds a valid safety certificate. State statute 350.05 (2) (a) mandates that no person who is at least 12 years of age and who is born on or after January 1, 1985, may operate a snowmobile unless he or she holds a valid snowmobile safety certificate.
Currently in Wisconsin, a valid ATV safety certificate may be obtained by completing a classroom course only. A snowmobile safety certificate may be obtained by completing a classroom course or CD ROM course which is mailed by the Department upon request and completed by the student on their own.
A common complaint received by the Department is availability, convenience and frequency of safety courses; especially ATV safety courses. Internet based course would alleviate this problem and make it more convenient for out-of-state tourists, especially Illinois which does not have an ATV safety program. The Internet course for Snowmobile Safety would consist of taking the current CD ROM course and placing it on the internet, thereby reducing workload and costs to the Department. A Memorandum of Understanding would need to be established with the internet course provider establishing a fee for the course.
Statutory authority
Staff time required
40 hours.
Comparison with federal regulations
N/A
Entities affected by the rule
Snowmobile and ATV Safety Instructors, Assoc. of WI Snowmobile Clubs and the WI ATV Assoc.
Natural Resources
Subject
Objective of the rule. Authorization to begin drafting rules pertaining to mandatory education law for boaters required by Wisconsin Act 356 dealing with rentals. Modification to Wisconsin Administrative code s.
NR 5.18 language to provide more opportunity to take a boating safety course through the internet or boat rental business.
Policy Analysis
2005 Wisconsin Act 356 which was passed into law requires the department to establish procedures for implementing the new state statute as it relates to renters of boats who have not been certified in boating education previously.
This will require development of a course which will meet the needs of the public renting boats and the rental agents. This will only impact renters of boats who do not have an approved Boating Safety Certificate.
Wisconsin Administrative code s.
NR 5.18 establishes fees to be charged and collected by WI DNR certified Boating Safety Instructors and entities which we have a MOU with. We are proposing modification of administrative rule language, to provide more opportunity to take a boating safety course through the internet or boat rental business.
Statutory authority
Staff time required
40 hours.
