Scope Statements
Natural Resources
Fish, Game, etc., Chs.
NR 1—
This statement of scope was approved by the governor on March 12, 2012.
Rule No.
SS-04-12
Relating to
Invasive species.
Rule Type
Permanent.
Finding of Emergency (Emergency Rule Only)
Not an Emergency Rule.
Detailed Description of the Objective of the Proposed Rule
The proposed rule revision will classify additional invasive species into existing categories established in Ch.
NR 40, Wis. Admin, Code, making them subject to existing administrative rules and statutes that regulate the introduction, possession, transfer, and transport of invasive species in order to prevent them from becoming established in Wisconsin or to prevent already-established invasive species from spreading within the state. Other proposed revisions will address accommodations to facilitate compliance with NR 40, clarify language, and improve organization of the rule.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives
The proposed rule revision will identify or list additional invasive species into existing categories set out in Ch.
NR 40, making them subject to existing administrative rules and statutes. When Ch.
NR 40 became effective Sept. 1, 2009, a number of invasive species intentionally were not included in the initial rule. During the public input and drafting processes, it was recognized that many additional species may need to be evaluated and, if appropriate, categorized and listed in the rule. Most of these species are used by some sector of society and evaluation will need to involve the affected stakeholders. There likely will be many species of terrestrial plants, several aquatic plants, and a few vertebrates, terrestrial invertebrates, and aquatic invertebrates assessed and possibly categorized. Other proposed revisions will facilitate compliance with NR 40, clarify language, and improve organization of the rule.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
The legislature granted specific rule-making authority to the department in the context of “invasive species" in s.
23.09 (2), Stats., which states: “The department may promulgate rules...as it deems necessary to carry out the provisions and purpose of this section." The purpose of this statute section, pursuant to s.
23.09 (1), Stats., is “to provide an adequate and flexible system for the protection, development and use of forests, fish and game, lakes, streams, plant life, flowers and other outdoor resources in this state."
More specifically, the legislature has directed the department, through the enactment of s.
23.22, Stats., to control invasive species in Wisconsin in the furtherance of the purpose outlined in s.
23.09 (1) Stats. Particularly, ss.
23.22 (2) (a) and
(b), Stats., outline the duties and authority of the department concerning the regulation of “invasive species." Section
23.22 (2) (a), Stats., states the department “shall establish a statewide program to control invasive species in this state." Importantly, s.
23.22 (1) (a), Stats., defines “control" to mean “to cut, remove, destroy, suppress, or prevent the introduction or spread of." Furthermore, s.
23.22 (2) (b) 1. through
6., Stats., outlines certain aspects of the program the department is required to implement. Of utmost importance in this context is s.
23.22 (2) (b) 6., Stats., which provides that the department shall “[p]romulgate rules to identify, classify, and control invasive species for the purposes of the program [established under s.
23.22 (2) (a), Stats.]." This proposed rule revision will effectuate this directive in two ways. First, this rule revision will alter what species the department classifies as “invasive species." Second, this rule will alter how the department will “control" “invasive species" through revisions in how the public will comply with the department's rules concerning “invasive species."
Estimate of the Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
We estimate that this revision will require approximately 6,240 hours of DNR staff time over 2 years (1.5 FTE). In addition, the Wisconsin Council on Invasive Species, species experts, and various partners and stakeholders will be involved in assessing species and evaluating rule revisions.
List with Description of all Entities that may be Affected by the Proposed Rule
We expect considerable interest in the proposed rule revisions. Interested parties may include the nursery, landscape, forestry, seed and agriculture industries, fish farmers, bait dealers, commercial fishers and wholesale fish dealers, aquarium and ornamental fish dealers, game farms, anglers, landowners, gardeners, county and municipal governments, Native American Indian tribes, lake districts, state agencies, and environmental and conservation organizations.
Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
There are no known proposed federal regulations that would provide the ability for the state to act when newly establishing invasive species are discovered. Existing regulations address a narrow subset of noxious weeds under the Federal Noxious Weed Act (
7 U.S.C. 2801 et seq; 88 Stat, 2148) or animals under the Lacey Act (
18 U.S.C. 42-43,
16 U.S.C. 3371-3378), primarily species that are already too widespread for a more cost-effective prevention approach.
Anticipated Economic Impact of Implementing the Rule
The potential economic impact of this proposed rule revision is estimated to be Level 1. This is a conservative estimate reflecting the diversity of species under assessment, as well as the fact that a number of these species may be used by various sectors of society. These rule revisions also have the potential to provide valuable economic benefits by reducing future control and management costs for regulated invasive species. Businesses may potentially mediate costs by substituting non-invasive species in their practices. During the species assessment process, the economic costs and benefits will be evaluated for each species considered for inclusion in the rule revisions. Certain species may have larger potential economic impacts than others.
Contact Person
Mindy Wilkinson, Department of Natural Resources - SS/7, PO Box 7921, Madison, WI 53707-7921; Phone: (608) 266-6437; E-mail:
Melinda.Wilkinson@Wisconsin.gov.
Natural Resources
Fish, Game, etc., Chs.
NR 1—
This statement of scope was approved by the governor on March 14, 2012.
Rule No.
FR-07-12, amending Chapter
NR 47.
Relating to
County Forest Time Standards Grant (new).
Rule Type
New Administrative Rule.
Finding/Nature of Emergency (Emergency Rule Only)
This is not an emergency rule request.
Detailed Description of the Objective of the Proposed Rule
Create rules to direct the distribution of grant funding for the County Forest Time Standards grant.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives
This is a new rule and grant program. Presently the DNR Division of Forestry (DOF) provides assistance to County Forests, aligning workload with the statutory role of the DNR in oversight of the County Forest program. An agreed upon number of hours are provided to each county based on the workload for that particular county. The DOF's Strategic Direction process in 2011-12 realigned forest resources to better accomplish the DOF's mission in Wisconsin's Statewide Forest Plan. As part of that process each County Forest was given the opportunity to modify the suite of grants and assistance the DOF provides to their best advantage. Three counties (Iron, Jackson and Clark) have elected to reduce their assistance from DNR in exchange for funding that would allow them to hire contractors or seasonal staff to accomplish forestry work. The thought is that some of the forestry tasks can be done adequately using contracted or lesser paid staff, the end result being the ability to get more work done with the same amount of resources. The proposed grant program would be structured to focus on tasks already identified in the time standards agreement for each county. This funding would provide for on-the-ground sustainable forestry practices with the reallocation of funding into appropriation 20.370 (5) (bw).
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
DNR's responsibilities for oversight of the County Forest program can be found in s.
28.11 (5) Wis. Stats. and the authority for sustainable forestry funding is included in 28.11 (5r) Wis. Stats. Section
28.11 (5r) (b) states: “The department may make grants, from the appropriation under s.
20.370 (5) (bw), to counties having lands entered under sub.(4) to fund the cost of activities designed to improve sustainable forestry on the lands". Finally, Wis. Stat. s.
227.11 (2) (a) allows the DNR to promulgate rules for any statute if the DNR considers it necessary to effectuate the purpose of the statute. Without rulemaking authority for this rule, the DNR will not be able to administer or enforce the grant program authorized by statute, since the DNR would not be able to establish criteria that would uniformly apply across grant applicants without running afoul of the definition of “rule" found under Wis. Stat. s.
227.01 (13).
Estimate of the Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
It is anticipated that rule development will require 80 hours of staff time and a minor amount of travel and conferencing costs.
List with Description of all Entities that may be Affected by the Proposed Rule
Currently there are twenty-nine counties with county forests that could take advantage of this grant opportunity. In the near future (FY14 & 15) only three counties have indicated an interest in taking advantage of this option – Clark, Iron and Jackson. To the extent that counties utilize this grant, independent forestry consultants may stand to gain work. Conversely, DNR Forestry staff time would be reduced.
Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
This rule/grant does not impact any federal regulations.
Anticipated Economic Impact of Implementing the Rule
This grant would provide an option for counties to receive grant funding as an alternative to DNR staff assistance. As such, there would be no anticipated economic impact, rather just a reallocation of resources for this purpose.
Contact Person
