Health Services
Management and Technology and Strategic Finance, Chs.
DHS 1—
Revises Chapter
DHS 1, relating to records status and retention period for records of clients who have unpaid liability to the Department or counties. Effective 6-1-11.
Summary of Final Regulatory Flexibility Analysis
The rules do not effect businesses.
Summary of Comments by Legislative Review Committees
No written comments were received.
Natural Resources
Fish, Game, etc., Chs.
NR 1—
(DNR # PR-36-10)
Revises Chapters
NR 1 and
45, relating to management of lands for the Ice Age and North Country Trails. Effective 6-1-11.
Summary of Final Regulatory Flexibility Analysis
These rules are applicable only to certain designated lands owned by the department and impose no compliance or reporting requirements and will not have a significant economic impact on small businesses. Therefore, under s.
227.19 (3m), Stats., a final regulatory flexibility analysis is not required.
Summary of Comments by Legislative Review Committees
No written comments were reported.
Natural Resources
Fish, Game, etc., Chs.
NR 1—
(DNR # ER-35-10)
Revises Chapter
NR 27, relating to adding cave bats to Wisconsin's threatened species list. Effective 6-1-11.
Summary of Final Regulatory Flexibility Analysis
Affected constituencies include commercial caves and mines, private cave and mine owners, recreational cavers, wildlife rehabilitators, animal control operators, agricultural and forestry industries, the conservation community, wind utilities, WI Department of Transportation (WDOT) and homeowners. Many of the concerns of these groups will be addressed through a broad incidental take permit/authorization and voluntary agreements so that the listing does not have a significant economic impact on a substantial number of small businesses.
A broad incidental take permit/authorization has been issued, as provided for under s.
29.604, Wis. Stats. The broad incidental take permit/authorization will allow for the incidental taking of state listed cave bats that may occur as a result of specific public health concerns, bat removals, building demolitions, forestry activities, bridge demolitions, miscellaneous building repairs and wind energy development projects (see the “Broad Incidental Take Permit/Authorization for Cave Bats Conservation Plan" for more information). Some take of bats may still occur as a result of these activities, however take will be minimized by following specific minimization measures. The department has concluded that the projects covered under this permit/authorization are not likely to jeopardize the continued existence and recovery of the state population of these bats or the whole plant-animal community of which they are a part; and has benefit to the public health, safety or welfare that justifies the action. This incidental take permit/authorization is only needed when a bat is present or suspected to be present (e.g. Natural Heritage inventory report of bats in the area, evidence of bat presence).
Summary of Comments by Legislative Review Committees
No comments were reported.
Natural Resources
Fish, Game, etc., Chs.
NR 1—
(DNR # IS-47-10)
Revises Chapter
NR 40, relating to white-nose syndrome management. Effective 6-1-11.
Summary of Final Regulatory Flexibility Analysis
The rule is not expected to have a significant adverse effect on a substantial number of small businesses. Therefore, under s.
227.19 (3m), Stats., a final regulatory flexibility analysis is not required. The rule may have favorable effects on a number of businesses by preventing the introduction or limiting the spread of WNS, thereby preserving the agricultural, economic and environmental benefits associated with healthy bat populations.
There are approximately 120 known bat hibernacula in Wisconsin, and approximately 12 of these are public caves. In addition, less than 20 of the caves and mines in Wisconsin are routinely caved.
Affected constituencies include commercial caves and mines, active underground mines, private cave and mine owners, recreational cavers, agriculture and forest industries, and conservation organizations. Concerns will likely include how the proposed rules will affect current activities. Many of these potential concerns may be addressed through cost-sharing, technical support, and education provided by the department. Examples include: cost-sharing for installation of bat-friendly gates or other physical barriers, cost-sharing for conservation actions, providing cave closure signage and cleaning protocols, and providing locations of caves that may be used for recreational caving activities (where bats are known to have been excluded). Agriculture industries, forest industries and conservation organizations would be negatively affected by not attempting to control or slow the spread of WNS.
The cost of cleaning equipment, gear, clothing and other objects will be minimal. The cost of caving gear typically ranges from $125-$750. Very few sites in Wisconsin require vertical climbing gear. The cost of commercially cleaning gear according to department protocols typically ranges from $10 to $12 per set of gear. The cost of signage at caves and mines would be $0 because the department will provide the signs.
Under Current ch.
NR 40, the department may ask any person who owns, controls, or manages property where a prohibited species is present to control the prohibited species in accordance with a plan approved by the department. While a person who owns, controls, or manages property where a prohibited species is present is responsible for controlling the prohibited species that exists on the property, the department will seek funds to assist in the control of prohibited species.
The department will normally follow an informal, stepped enforcement process in order to obtain compliance with invasive species rules. This involves informal discussions between department staff and the individual, landowner or company, notifying the person of potential violations and providing guidance on how to comply with the rules. Notices of non-compliance may follow if necessary. If normal enforcement is necessary, ch.
NR 40 will be enforced by department conservation wardens, county district attorneys, and circuit courts through the use of citations and civil or criminal complaints. Civil and criminal enforcement may also be carried out by department referral of violations to the Wisconsin Attorney General, with prosecution and abatement actions in the circuit courts. Criminal enforcement will be limited to intentional violations. Finally, violations of the permits issued under ch.
NR 40 also may be enforced by administrative permit revocation proceedings.
Summary of Comments by Legislative Review Committees
No comments were reported.
Natural Resources
Fish, Game, etc., Chs.
NR 1—
(DNR # IS-41-10)
Revises Chapter
NR 40, relating to the listing of the fungus that causes white-nose syndrome in bats as an invasive species. Effective 6-1-11.
Summary of Final Regulatory Flexibility Analysis
Affected constituencies include commercial caves and mines, private cave and mine owners, recreational cavers, property owners, the agricultural industry, and the conservation community. Concerns will likely include how listing the fungus will affect current activities. Many of these potential concerns may be addressed through cost-sharing, technical support, and education provided by the department. Examples include: reviewing proposed research proposals and issuance of invasive species permits, cost-sharing for installation of bat gates and other conservation actions, providing cave closure signage and decontamination protocols, and providing locations of caves that may be used for recreational caving activities (where bats are known to have been excluded).
Under ch.
NR 40, the department may ask any person who owns, controls, or manages property where a prohibited species is present to control the prohibited species in accordance with a plan approved by the department. While a person who owns, controls or manages property where a prohibited species is present is responsible for controlling the prohibited species that exists on the property, the department will seek funds to assist in the control of prohibited species. Therefore, conducting control measures will not necessary result in a cost to commercial cave operators. Additionally, commercial caves will have the option to exclude bats from their cave(s) with the help of the department, allowing them to remain open for tourism, and resulting in no loss of tourism dollars.
Under s.
227.19 (3m), Wis. Stats., a final regulatory flexibility analysis is not required.
Summary of Comments by Legislative Review Committees
No comments were reported.
Public Instruction
Revises section
PI 6.06, relating to public library system audit requirements. Effective 6-1-11.
Summary of Final Regulatory Flexibility Analysis
The proposed rules will have no significant economic impact on small businesses, as defined in s.
227.114 (1) (a), Stats.
Summary of Comments by Legislative Review Committees
No comments were reported.
Public Instruction
Revises section
PI 6.03, relating to public librarian certification. Effective 6-1-11.
Summary of Final Regulatory Flexibility Analysis
The proposed rules will have no significant economic impact on small businesses, as defined in s.
227.114 (1) (a), Stats.
Summary of Comments by Legislative Review Committees
No comments were reported.
Transportation
Revises Chapter
Trans 178, relating to the Unified Carrier Registration System. Effective 6-1-11.
Summary of Final Regulatory Flexibility Analysis
The fees charged under federal law, federal regulation, and Unified Carrier Registration Agreement will affect some small businesses by increasing the amount of annual registration fee. The new fee schedule increases all fees by just less than 96%. These fees are established under federal law at
49 CFR 367.20 but may be revised annually by publication in the federal register. If Wisconsin does not charge these fees, small businesses that operate affected trucks and trailers outside this state will nevertheless be required to pay these same fees to other states.
Summary of Comments by Legislative Review Committees
No comments were reported.
