Information pertinent to other state park proposals:
The fee structures being set up in most of the park areas are specific to the area and facilities.
Wyalusing is the only WSPS property with indoor group dormitory style camping, and the current rate is well below the existing market for accommodations of like type. Charging a rate that is close to market-based of $6 a person a day and $300 minimum will help to close the existing price and expense gap while simultaneously providing a cost effective option for groups. Current capacity for the indoor group camp is 108; with the $200 minimum rate set based upon a 50 person occupancy. Property staff report that it is not uncommon for groups as small as 10 to reserve the group campground. This still only results in costs of $20/night/person that is significantly lower than what exists in the private sector given amenities at the location. The DNR recently upgraded this facility without increasing the cost to rent; consequently, an increase is warranted at this time and is unlikely to significantly affect demand for this group camp. While these fees are higher for this campground, the fee is lower than rates charged in the private sector and remains an economical choice for groups or families to utilize.
Devil's Lake is the only property that specifies a rate for renting the entire campground in ch.
NR 45, Admin. Code.
The current rate is well below the existing market for accommodations of like type in the market area and significantly lower than if the sites were reserved separately. Deleting this code provision will allow the department to charge a more market based rate as authorized by s.
27.01(10)(f) Stats., and help to close the existing fiscal gap to operate the campground.
There is precedent for charging a special rate for particular campsites or campgrounds based upon amenities offered. Council Grounds state park recently opened three new group campsites, and the existing group camping fees are well below the market value for accommodations of like type in the market area. These sites include electrical hookups, dedicated toilet buildings and other amenities. By charging the existing group camping rate the Department believes these sites are under-valued. The new fees were calculated utilizing the current camping fee structure, plus the cost of the electrical pedestals with a premium for the amenities. These changes are unlikely to affect demand for these campsites and the change will make rates competitive based upon the amenities offered. While the fees are higher for these select campsites, the fee is competitive with rates charged in the private sector and still remains an economical choice for groups or families to utilize.
The Commercial Use Permit is required for common or recurring, property master plan-compatible, commercial uses of parks, recreation areas, and southern forest lands. Typically, these uses involve a service that is purchased and arranged off a property but performed on the property. This fee has not been updated in over 8 years. The fee is significantly lower than the perceived value to those who use parks, trails, and southern forests commercially because of the profit generated by the commercial use. All of the surrounding states require a commercial use permit and the cost is dependent on the activity.
Lakeshore state park recently opened its boat slips, and the rates charged mirror those for accommodations of like type provided by Milwaukee county as well as those at private marinas in the area. The fee is competitive with rates charged in the public and private sector, remains an economical choice for groups or families, and is unlikely to affect demand for this facility. Lakeshore state park is an urban park that regularly hosts various special events for visitors and local businesses. This event fee structure is similar to what Milwaukee county charges. Without this fee structure, the DNR is only authorized to charge its current special event fees, which are not applicable for events of this size and at this location. Lakeshore state park is uniquely poised to host large and small-scale events, contributing to the cultural and economic vitality of downtown Milwaukee. These events could range in size from 50 to 500,000 in attendance and span multiple days. The flexible fees will be decided in advance by the manager at Lakeshore state park in conjunction with the event holder, based upon the expected attendance, activities planned and impacts to other users of the property. The fee would be mutually established well in advance of an event, thus enabling groups to budget and plan effectively for their event on the Lakeshore grounds. Under this scenario, fees for special events at Lakeshore state park would remain an economical choice for everyone from corporations to families are unlikely to affect demand for this facility, and would provide the funds necessary to staff events of this magnitude.
Anticipated private sector costs
Fees are increased for certain uses of department lands and those increased costs will be incurred by the users. Because most users camp on a relatively infrequent basis, and the increases are modest, the fee increases are not anticipated to be burdensome. Regarding the slow-no-wake proposal at the “narrows", there is one private property landowner with frontage in the section of Wisconsin River encompassed by the regulation. There is no anticipated negative effect on his property values. In a personal contact with the landowner, he expressed support for a slow no wake rule. Since his property sits on the blind corner of the Narrows, he has a long history of providing access to the river for a flagman to monitor boat traffic and signal tour boats when it was safe to proceed.
Small Business Impact
One rule provision creates a slow-no-wake area on a stretch of the Wisconsin river. There are four commercial enterprises that operate boat tours in the Upper Dells on the Wisconsin river; two run both traditional tour (cruise) boats and jet boats, one runs exclusively jet boats and one only operates a tour/dinner boat. When contacted by the department, all the tour boat operators said their normal practice is to go slowly through the area anyway, so there would be no impact to them on their scheduling. They expressed support for a slow-no-wake regulation because their ability to navigate is often jeopardized by recreational watercraft attempting to jump the wakes of their boats or trying to maneuver around the larger boats at high speed. The distance of the slow-no-wake area is approximately 3,100 linear feet.
This rule does not impose performance standards, or compliance or reporting requirements for small businesses. Small business impacts from the commercial use permit fee increase will be minor as the permit fee increase is $20 per year. Even for a very small-scale business, the cost is likely to be easily absorbed the business, and offset by revenues generated from the business conducted on the state property. This change is not expected to dramatically increase revenues to the system; rather it updates the fee relative to the value businesses receive from doing business on system properties, and the impact their work may have on the resources or facilities at the property. The current fee is significantly below market value, remains an economical choice for businesses or families to utilize, and is unlikely to affect demand.
The Corporate Event fee at Lakeshore State Park is $500 for less than 500 attendees and is intended to offset the additional expenses associated with sponsoring the event. The businesses impact is anticipated to be minimal for many small businesses.
The campground fee increases will not have a negative effect on nearby private campground owners. Private campground may see a small increase in visitation and associated revenue if some campers select the private provider rather than paying the increased fee. The slow-no-wake proposal is not anticipated to have a measurable effect on commercial boat operators.
Small business regulatory coordinator
Environmental Analysis
This is a type III action under Chapter
NR 150, Wis. Adm. Code, and neither an environmental impact statement nor an environmental assessment is required.
Fiscal Estimate
The fee increases will increase state revenues by approximately $246,670. A printed copy of the full fiscal estimate may be obtained by contacting Kathryn Fitzgerald, listed below.
Agency Contact Person
Kathryn Fitzgerald, Chief
Land Management Section
Bureau of Facilities and Lands
Phone: (608) 267-2764
Notice of Hearing
Natural Resources
Fish, Game, etc., Chs.
NR 1—
NOTICE IS HEREBY GIVEN that pursuant to ss.
29.014,
227.11 (2) (a) and
227.24, Stats., the Department of Natural Resources will hold a public hearing on emergency rules to revise Chapter
NR 10, Wis. Adm. Code, relating to deer management unit population goals. This emergency order took effect on April 3, 2010.
Hearing Information
The hearing will be held:
Date and Time
|
Location
|
May 19, 2010
Wednesday
at 2:00 p.m.
|
Room G09
DNR Central Office
101 S. Webster Street
Madison, WI
|
Pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Scott Loomans at (608) 267-2452 with specific information on your request at least 10 days before the date of the scheduled hearing.
Copies of Emergency Rule and Submittal of Written Comments
The emergency rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov. Written comments on the rule may be submitted via U.S. mail to Mr. Keith Warnke, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707 or by email to
keithwarnke@ wisconsin.gov. Comments may be submitted until
May 20, 2010. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearing. A personal copy of the emergency rule and fiscal estimate may be obtained from Mr. Warnke.
Analysis Prepared by Department of Natural Resources
Statutes interpreted
Statutory authority
Plain language rule analysis
Prior to the effective date of this emergency order, there were 131 deer management units with individual over winter population goals that would result in a statewide over winter population of approximately 737,000 deer. The new goals would result in an over winter population of approximately 800,000 animals. Over winter population goals and management units serve as the foundation for managing the deer herd and determining deer hunting season structures. All goals referred to in this rule are the over winter deer population goal for individual management units. The hunting season population will generally be substantially larger than the over winter population goal.
This emergency order increases deer population goals in 43 management units and lowers the goal in two.
Deer
Management Unit
|
Current
over-winter goal density
|
Proposed new over-winter
density
|
2
|
18
|
20
|
3
|
16
|
18
|
6
|
12
|
18
|
12
|
17
|
20
|
13
|
15
|
17
|
14
|
14
|
20
|
15
|
22
|
25
|
17
|
15
|
17
|
18
|
20
|
22
|
19
|
20
|
22
|
20
|
18
|
20
|
22
|
20
|
25
|
22A
|
20
|
25
|
23
|
20
|
25
|
24
|
20
|
25
|
26
|
20
|
23
|
27
|
20
|
25
|
29B
|
12
|
15
|
30
|
15
|
19
|
33
|
20
|
25
|
34
|
17
|
20
|
Deer
Management Unit
|
Current
over-winter goal density
|
Proposed new over-winter
density
|
43
|
15
|
17
|
49A
|
25
|
20
|
57
|
22
|
25
|
57A
|
25
|
30
|
59A
|
20
|
25
|
59B
|
15
|
25
|
59D
|
20
|
25
|
59M
|
10
|
15
|
60A
|
20
|
25
|
60B
|
20
|
25
|
60M
|
10
|
15
|
61
|
20
|
25
|
62A
|
25
|
30
|
62B
|
25
|
30
|
63A
|
25
|
30
|
64
|
20
|
25
|
64M
|
10
|
15
|
66
|
25
|
30
|
68B
|
30
|
25
|
74A
|
20
|
25
|
77C
|
15
|
20
|
77M
|
10
|
15
|
80B
|
20
|
25
|
These changes are recommended to provide hunters with more deer hunting opportunities in instances where goals are proposed for increases and to alleviate agricultural damage in the instances where the goals have been recommended for a decrease. However, there is a concern that a higher goal with low hunter densities will increase the need for continuous herd control seasons.
Comparison with federal regulations
Provided state rules and statutes do not relieve individuals from the restrictions, requirements and conditions of federal statutes and regulations. Regulation of hunting and trapping of native species has been delegated to state fish and wildlife agencies.
Comparison with rules in adjacent states
All of Wisconsin's neighboring states have established management units for the purpose of managing deer populations. By using units with identifiable boundaries, deer populations can be monitored and kept at various population levels to more effectively control the deer herd and to address regional differences in habitat, population (human and deer) and to reduce conflict with other land uses such as residential, agricultural or forested.
Factual data and analytical methodologies
The Department has evaluated the need for deer population goal reviews based on the following criteria: 1) Intolerable level of agricultural damage when at goal; 2) Ability of hunters to harvest enough deer to keep the population at the goal level; 3) Hunter demand for antlerless permits; 4) Vehicle-deer accident rate; and 5) buck harvest success rate; 6) Chippewa treaty harvest; 7) Hunter access to land in a deer management unit; 8) Ability to keep the deer herd in a deer management unit at goal; 9) Tolerable levels of deer damage to crops.
In addition, an Environmental Assessment was prepared in 1995. Copies of Deer Population Goals and Harvest Management Environmental Assessment are available from the department upon request.
Anticipated private sector costs
These rules, and the legislation which grants the department rule making authority, do not have a significant fiscal effect on the private sector or small businesses.
Small Business Impact
These rules are applicable to individual sportspersons and impose no compliance or reporting requirements for small businesses, nor are any design or operational standards contained in the rule.
Pursuant to s.
227.114, Stats., it is not anticipated that the proposed rule will have a significant economic impact on small businesses.
Environmental Analysis
The Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch.
NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
Fiscal Estimate
The fiscal estimate may be reviewed at the following Internet site:
http://adminrules.wisconsin.gov. A personal copy of the fiscal estimate may be obtained from Mr. Warnke, listed below.
Agency Contact Information
Keith Warnke
101 S. Webster St.
PO Box 7921
Madison, WI 53707-7921
Phone: (608) 264-6023
Scott Loomans
101 S. Webster St.
PO Box 7921
Madison, WI 53707-7921
Phone: (608) 267-2452
Notice of Hearings
Natural Resources
Fish, Game, etc., Chs.
NR 1—
(DNR # WM-15-10)
NOTICE IS HEREBY GIVEN that pursuant to ss.
29.014 and
227.11, Stats., the Department of Natural Resources will hold public hearings on revisions to Chapter
NR 10, Wis. Adm. Code, relating to the use of archery deer hunting licenses.
Hearing Information
The public hearings will begin at 7:00 p.m. at the locations listed below. Following a brief informational presentation, public comments and statements will be accepted.
May 17, 2010 James Williams Middle School
915 Acacia Lane
Rhinelander 54501
May 18, 2010 DNR South Central Region Headquarters
3911 Fish Hatchery Road
Fitchburg 53711
May 24, 2010 DNR Northeast Region Headquarters
2984 Shawano Avenue
Green Bay 54313-6727
Pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Scott Loomans at (608) 267-2452 with specific information on your request at least 10 days before the date of the scheduled hearing.
Copies of Proposed Rule and Submittal of Written Comments
The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Scott Loomans, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until
June 1, 2010. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Mr. Loomans.
Analysis Prepared by Department of Natural Resources
