Scope statements
Agriculture, Trade and Consumer Protection
Subject
Certification of Firewood Dealers (Pest Control).
Objective of the rule. Create a voluntary DATCP certification program for firewood dealers. Certification will allow dealers to supply Wisconsin grown and cut firewood to Wisconsin state parks. DNR rules under s.
NR 45.04 (1) (g) prohibit firewood from entering state parks from more than 50 miles away, unless the firewood comes from a DATCP-certified source.
Limit the risk of the human-caused spread of Emerald Ash Borer and other plant pests that are carried on firewood.
Policy Analysis
DATCP administers laws related to the control of plant pests. DATCP has authority under s.
93.06 (1p), Stats. to provide inspection and testing services related to all DATCP programs. DATCP has authority under s.
93.07 (12), Stats. to conduct surveys and inspections for the detection and control of pests injurious to plants, and to make, modify, and enforce reasonable rules needed to prevent the dissemination of pests. DATCP also has plant inspection and pest control authority under s.
94.01, Stats. DATCP may by rule impose restrictions on the importation or movement of serious plant pests, or items that may spread serious plant pests.
The Emerald Ash Borer, Agrilus planipennis, is a very serious plant pest risk that has destroyed large numbers of ash trees in neighboring Midwestern states. The Emerald Ash Borer is an exotic pest that endangers Wisconsin's 717 million ash trees and ash tree resources. This insect has the potential to destroy entire stands of ash, including up to 20% of Wisconsin's urban street trees and residential landscaping trees, and can result in substantial losses to forest ecosystems. The insect can cause great harm to state lands, and to the state's tourism and timber industries.
Human movement of infested firewood is the primary means of spread of the Emerald Ash Borer and other plant pests. Firewood can be processed or treated to mitigate the spread of pests.
DNR rule s.
NR 45.04 (1) (g) prohibits imports of firewood to a Wisconsin state park from any location outside this state. It also prohibits firewood from any location within the state that is more than 50 miles from the state park, except from sources approved by DATCP.
This rule would create a voluntary certification program for firewood dealers that will allow certified dealers to continue supplying Wisconsin grown and cut firewood into state parks. Certified dealers must implement control measures to ensure that firewood is free of pests. This rule will spell out certification criteria, including required pest control measures.
The certification program would be open to all firewood dealers in the state, regardless of whether they supply firewood to Wisconsin state parks. Certification would be voluntary, and would not be required in order to sell firewood in this state (except to state parks located more than 50 miles away from the dealer). Certification would not change current rules related to firewood imports from other states. Certification would not authorize out-of-state firewood in Wisconsin state parks.
Comparison with Federal Regulations
In order to limit the spread of Emerald Ash Borer, the Animal and Plant Health Inspection Service of the United States Department of Agriculture (USDA-APHIS) has imposed quarantines on the movement of ash wood from Illinois, Indiana, Ohio and the Lower Peninsula of Michigan. DATCP rules currently prohibit imports from any federally quarantined area, except under authorized conditions. This proposed rule is consistent with current state and federal rules.
Entities Affected by the Rule
The certification program under this rule would be entirely voluntary. This rule will benefit some Wisconsin firewood dealers who would otherwise be prohibited from supplying firewood to Wisconsin state parks.
Policy Alternatives
If DATCP does nothing, firewood suppliers will be prohibited under s.
NR 45.04 (1) (g) from supplying firewood to a state park more than 50 miles from the source of the firewood.
Statutory Authority
Statutory Alternatives
None at this time.
Staff Time Required
DATCP estimates that it will use approximately 0.1 FTE staff time to develop these rules. This includes time required for investigation and analysis, rule drafting, preparing related documents, coordinating advisory committee meetings, holding public hearings, and communicating with affected persons and groups. DATCP will use existing staff to develop this rule.
DATCP Board Authorization
DATCP may not begin drafting this rule until the Board of Agriculture, Trade and Consumer Protection approves this scope statement. The Board may not approve this scope statement sooner than 10 days after this scope statement is published in the Wisconsin Administrative Register. If the Board takes no action on the scope statement within 30 days after the scope statement is presented to the board, the scope statement is considered approved. Before the department holds public hearings on this rule, the Board must approve the hearing draft. The Board must also approve the final draft rule before the department adopts the permanent rule.
Natural Resources
Subject
Revise Wisconsin Administrative Code ch.
NR 345, relating to dredging in navigable waterways to create a general permit for dredging, including operation of a motor vehicle, on the beds of the Great Lakes to remove algae, mussels, dead fish and similar large public nuisance deposits.
Policy Analysis
From 1965 to 1997, water levels in the Great Lakes were at or above their long-term average. However, from 1998-2000 water levels dropped significantly to around 3 feet below their long-term average. While no longer dropping as sharply as they did from 1998-2000, water levels have continued to stay below their long-term averages. Presently 2006 water levels are below water levels of the year 2005 and the National Oceanic and Atmospheric Administration (NOAA) long-range forecast for 2007 indicates more of the same. Specifically for the Great Lakes that border Wisconsin, Lake Michigan is 17 inches below its long-term average and Lake Superior is within 2 inches of its all time low.
In addition to low water levels, increased populations of invasive species such as Zebra mussels, Quagga mussels, and blooms of the nuisance algae Cladophora, have continued to plague the Great Lakes. Lower water levels contribute to a greater exposed beach area, and, as a result, mussel shells and large floating mats of algae often get deposited by wave action in large quantities along the lakeshore. The beached algal mats mixed with decaying zebra mussels and other invertebrates and fish result in unsightly, malodorous conditions. Piles of decaying Cladophora may affect tourism and recreation and owner property values, have been linked to taste and odor problems in drinking water, and may exacerbate levels of E. coli and bacteria in beach sand and swimming waters, thus raising questions about beach safety. In Wisconsin, these nuisance conditions have been reported at many sites ranging from northeastern Green Bay and the tip of Door County to Kenosha. (UW Sea Grant 2005)
The biomass of Cladophora that washes ashore varies between years and locations. Mats of stranded algae two feet thick may collect in some areas– often embayments where waters are calmer and materials tend to collect (Whitman et al. 2003). In 2004, twenty five tons of Cladophora were removed from Milwaukee's lakeshore alone (Stauffer 2004). In other areas, accumulations are less where the decaying algae may remain offshore or confined to the swash zone (Harris 2004).
Waterfront property owners desire to remove these
cathodic protection tester periodically inspect all cathodic protection systems for these tanks and piping. Section 12 of 40CFR280 establishes definitions for corrosion expert and cathodic protection tester. Those definitions require corrosion experts to be accredited professionals, and require cathodic protection testers to meet specified criteria for education and experience. The proposed rules are expected to incorporate these requirements and definitions into chapter Comm 5.
The mechanical removal of large algal accumulations has been accomplished with front-end loaders, backhoes or beach grooming equipment. However, monitoring of indicator bacteria in beach sand has shown that heavy equipment may grind decaying algae into moist sand creating conditions that promote higher bacterial growth (Harris 2004). In addition, precautions must be taken to avoid damaging sensitive beach vegetation and near shore habitat for fish and wildlife. There are currently no state guidelines for Cladophora removal. By promulgating a General Permit with standards for mechanized removal that include location standards (where on the shoreline can the activity take place), substrate restrictions (limits on the volume of sand vs. cobble that can be removed incidentally), area standards (how much material can be removed), types of mechanized methods allowed, and guidance on what to do with the removed material, among other things, we will be able to ensure that sensitive beach vegetation and near shore habitat impacts are avoided and that these activities are not inadvertently promoting bacterial growth.
The operation of motor vehicles and the removal or disturbance of materials on the beds of navigable waterways (also know as dredging) is regulated by Wis. Stats. Chapter
30 and Wisconsin Administrative Code Chapter
NR 345. The statutes and current rule allows lakefront property owners to apply for an individual permit to use mechanized methods to remove “public nuisance deposits." However, individual permits require a $500 application fee and a 30 day public comment period before the permit can be issued.
Considering the changing lakeshore due to decreased water levels and the abundance of invasive species, the Department proposes to revise ch.
NR 345 to create a general permit. The general permit would permit lakefront property owners to remove public nuisance deposits (
Cladophora, Zebra mussels, dead fish, etc.) on the beds of "outlying" navigable waters (as defined in s.
29.001 (63), Stats.) more efficiently while complying with general permit conditions created to protect the public interest in the lakebed. The general permit has a $50 application fee and is processed in 30 days. A permanent rule will be developed.
References
Harris, Vicki. 2004. “Cladophora Confounds Coastal Communities –Public Perceptions and Management Dilemmas" in Cladophora Research and Management in the Great Lakes Proceedings of a Workshop Held at the Great Lakes WATER Institute, University of Wisconsin-Milwaukee, December 8, 2004
This rule change will allow the department to issue turkey tags remaining after the initial drawing in accordance with state statute, which is first-come, first-served. Additionally, this rule updates code language to accurately describe how permits are currently issued (by zone and by time period) and establishes that no person may obtain more than one turkey carcass tag per day.
UW Sea Grant. 2005. “Nuisance Algae on Lake Michigan Shores"
Whitman, Richard L, Dawn A. Shively, Heather Pawlik, Meredith B. Nevers, and Muruleedhara N. Byappanahalli. 2003. “Occurrence of Escherichia coli and Enterococci in Cladophora (Chlorophyta) in Nearshore Water and Beach Sand of Lake Michigan". Applied and Environmental Microbiology 69(8): 4714–4719
Statutory Authority
Staff Time Required
Department staff will need approximately 200 hours for this rule revision, including both the emergency order and permanent rule process.
Comparison with Federal Regulations
There are no federal regulations on this issue.
Entities Affected by the Rule
Affected parties include riparian owners along the shores of “outlying waters" (as defined in s.
29.001 (63), Stats.), aquatic invasive species managers, NRCS and other agencies or contractors who remove invasive and unwanted aquatic plants and dead animals from shoreline areas.
Summary and Preliminary Comparison with Existing or Proposed Federal Regulations
There are no federal regulations on this issue.
Name, Address, Telephone Number and E-Mail Address of Agency Contact
Martin (Martye) Griffin
Wisconsin Department of Natural Resources
101 S. Webster Street, WT/4
