Filed with LRB:   May 24, 2012
Publication Date:   March 21, 2012
Effective Dates:   March 21, 2012 through       August 17, 2012
Hearing Date:   July 16, 24, 25, 2012
Extension Through:   December 15, 2012
Natural Resources (5)
Fish, Game, etc., Chs. NR 1
emergency_rules EmR1205 1.   EmR1205 (DNR # CF-26-11(E)) — The Wisconsin Department of Natural Resources proposes an emergency order to revise Chapter NR 64, relating to All-Terrain Vehicles, as follows: to renumber section NR 64.14 (9) (d); to amend section NR 64.12 (7) (a) and section NR 64.14 (9) (a) 1.; and to create sections NR 64.02 (9m), NR 64.02 (15), NR 64.12 (7) (am), NR 64.14 (2r) (a) and (b), and NR 64.14 (9) (d), relating to the all-terrain vehicle grant programs and trail-route combinations.
This emergency rule was approved by the governor on April 26, 2012.
The statement of scope for this rule, SS 046-11, was approved by the governor on December 2, 2011, published in Register No. 672 on December 31, 2011, and approved by the Natural Resources Board on February 22, 2012.
Finding of Emergency
The department is aware that several ATV trails in Wisconsin overlap existing roads. From the onset of the program, these overlapping paths were identified as trails, signed accordingly, and were eligible to receive ATV grant funds. A few years ago, the ORV Advisory Council and WI County Forestry Association proposed that the department revise Ch. NR 64 to accommodate paths used by both ATVs and motor vehicles. These trail-route combinations – also called hybrid trails but commonly referred to as “troutes" – will be eligible for future maintenance grant funding at the current rate if it can be shown that the hybrid trails (“troute") existed prior to the effective date of this rule.
This emergency rule will establish a new category of all-terrain trail commonly called a “troute", or a trail-route combination, that provides a connector between trails and allows grant funding for these unique trails. An emergency rule is needed because we anticipate that the permanent rule revisions to Ch. NR 64 that will include troutes will not be effective until Sept 2012, at the earliest. Without this emergency rule, DNR will not be able to award grants to project sponsors for ATV “troutes" in July 2012, as is our practice. About one-third of the trails in northern Wisconsin are “troutes" and have been funded as trails since the program started. Our partners count upon grant funds for troute maintenance.
Without this Emergency Rule, the integrity and safety of troutes could be severely compromised. Our partners may be forced to close troutes without grant funding to maintain them until the permanent rule is effective. If troutes are closed, riders could be stranded in an unfamiliar location or be forced to turn around and ride back the same way they came instead of continuing onto their destination.
Filed with LRB:   May 9, 2012
Publication Date:   June 1, 2012
Effective Dates:   June 15, 2012 through       November 11, 2012
Hearing Date:   June 25, 2012
emergency_rules EmR1207 2.   EmR1207 — The Wisconsin Natural Resources Board proposes an order to amend section NR 10.01 (3) (d) 1., relating to the bobcat hunting and trapping season.
This emergency rule was approved by the governor on May 4, 2012. This emergency rule, modified to reflect the correct effective date, was approved by the governor on May 25, 2012.
The statement of scope for this rule, SS 009-12, was approved by the governor on February 15, 2012, published in Register No. 674, on February 29, 2012, and approved by the Natural Resources Board on March 28, 2012.
This rule was approved and adopted by the State of Wisconsin Natural Resources Board on April 25, 2012.
Finding of Emergency
Pursuant to s. 227.24, Stats., the Department of Natural Resources finds that an emergency exists and that the attached rule is necessary for the immediate preservation of the public peace, health, safety, or welfare.
If emergency rules are not promulgated, the season automatically reverts back to a single permit period beginning on the Saturday nearest October 17 and continuing through December 31 in 2012. Frequent change of season dates and regulations for hunting and trapping can be confusing and disruptive to the public, can result in citations being issued, and is not necessary for protection of the bobcat population in this situation. Some people will view a reversion to the single season framework as a reduction of opportunity that is not socially acceptable. Therefore, this emergency rule is needed to preserve the public welfare.
Filed with LRB:   May 30, 2012
Publication Date:   June 10, 2012
Effective Dates:   October 1, 2012 through       February 27, 2013
Hearing Date:   August 27, 2012
This emergency rule was approved by the governor on August 10, 2010.
The statement of scope for this rule, SS 023-12, was approved by the governor on April 12, 2012, published in Register No. 676, on April 30, 2012, and approved by the Natural Resources Board on May 23, 2012.
Finding of Emergency
A non-statutory provision, Section 21, of 2011 ACT 169 requires the department to submit rules necessary for implementation or interpretation and establishes that the department is not required to make a finding of emergency.
Filed with LRB:   August 15, 2012
Publication Date:   August 18, 2012
Effective Dates:   August 18, 2012 through       January 14, 2013
emergency_rules EmR1214 4.   EmR1214 (DNR # WM-02-12(E)) — The Wisconsin Natural Resources Board proposes an order to repeal and recreate sections NR 10.01 (1) (b), (g) and (u), 10.06 (9) (a) and 10.32, to amend section NR 10.01 (1) (v), and to create section 10.12 (3) (e), relating to hunting and the 2012 migratory game bird seasons and waterfowl hunting zones.
This emergency rule was approved by the governor on September 6, 2012.
The statement of scope for this rule, SS 011-12, was approved by the governor on February 15, 2012, published in Register No. 674, on February 29, 2012, and approved by the Natural Resources Board on May 23, 2012.
Finding of Emergency
The emergency rule procedure, pursuant to s. 227.24, Stats., is necessary and justified in establishing rules to protect the public welfare. The federal government and state legislature have delegated to the appropriate agencies rule-making authority to control the hunting of migratory birds. The State of Wisconsin must comply with federal regulations in the establishment of migratory bird hunting seasons and conditions. Federal regulations are not made available to this state until late July of each year. This order is designed to bring the state hunting regulations into conformity with the federal regulations. Normal rule-making procedures will not allow the establishment of these changes by September 1. Failure to modify our rules will result in the failure to provide hunting opportunity and continuation of rules which conflict with federal regulations.
Filed with LRB:   September 10, 2012
Publication Date:   September 12, 2012
Effective Dates:   September 13, 2012 through     February 9, 2013
emergency_rules EmR1215 5.   EmR1215 (DNR # WM-16-12(E)) — The Wisconsin Natural Resources Board proposes an order to repeal and recreate section NR 10.01 (3) (h) 1., relating to the coyote hunting season.
This emergency rule was approved by the governor on August 30, 2012.
The statement of scope for this rule, SS 038-12, was approved by the governor on May 29, 2012, published in Register No. 678, on June 14, 2012, and approved by the Natural Resources Board on June 27, 2012.
Finding of Emergency
A non-statutory provision, Section 21, of 2011 ACT 169 requires the department to submit rules necessary for implementation or interpretation and establishes that the department is not required to make a finding of emergency.
Filed with LRB:   September 14, 2012
Publication Date:   October 1, 2012
Effective Dates:   October 1, 2012 through       February 27, 2013
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