Proposed change: Adjust lower bounds of prize values used to determine the permit application fee. Tournament permit applicants tend to estimate the maximum prize values on their application at a level that results in an unnecessarily high application fee. This change would add $1 to the lower bounds of the prize value structure in order to reduce application fees for some applicants from $50 to $25 and from $200 to $50. The department would expect minor revenue losses for the tournament program (~$1,600).
D) Current policy: The department accepts permit applications during an open period from April 1st through June 30th for fishing tournaments to be held in the following calendar year. If the number of tournament applications during that period exceeds the maximum number of tournaments allowed on a waterbody, applicants are subject to a drawing.
Proposed change: Remove the open period from the permit application process and allow applicants to apply starting on January 1st of the preceding year for traditional tournaments (a fishing tournament that was issued permits 4 out of 5 years from 2004 to 2008 for the same water and time period) and April 1st of the preceding year for non-traditional tournaments. The current permitting process has been in effect for two years and the department has received roughly 16% of the total annual applications during the open period in each year. A drawing was not necessary in either year and there have generally been few instances of multiple proposed tournaments collectively approaching the participation limits. Moreover, the complicated nature of the open period has been confusing for tournament organizers and logistically challenging for the department. Removing the open period and potential for a drawing will simplify the rule, streamline the permitting process, and reduce workload for department staff.
E) Current policy: In lakes less than 100 acres, ice fishing tournaments are limited to 50 participants per day. However, a tournament permit is not needed unless there are 100 or more participants. In lakes 100 to 449 acres, the maximum daily number of participants is 150.
Proposed change: Increase the maximum daily number of participants allowed for permitted ice fishing events in small lakes: 150 daily participants would be allowed on lakes less than 100 acres and 250 daily participants would be allowed on lakes between 100-449 acres. Numerous community-oriented fundraising events with ice fishing tournaments are limited by the current participation limits. These events are more focused on the social aspects of the event rather than the competition of the tournament and organizers generally are unable to determine how many participants are actually fishing. An increase in participation limits will reduce the likelihood that these community-oriented events would potentially be in violation of the law. While increasing the participation limit does result in a potential increase in crowding, the department does not believe increases will be perceptible given the vague distinction between tournament participants and non-tournament participants.
F)
Current policy: The department issues roughly 600 tournament permits every year, consuming a substantial amount of staff time. Approximately half of tournaments do not require an in depth permit review because of built in capacity limits, standard permit conditions, and the nature of the tournaments. For Great Lakes salmon and trout tournaments there are no participation limits and virtually all the fish are harvested. Small open-water tournaments are limited in capacity by NR 20.40, must abide by standard permit conditions, and are small enough to contribute little to delayed fish mortality. In addition,
as a result of
2011 Wisconsin Act 24 that allowed culling in department-authorized bass tournaments, bass tournaments with fewer than 20 boats that formerly did not need permits are now applying for them in order to cull fish. Moreover, the majority of ice fishing tournaments require minimal permit review past the capacity limits because they tend to be catch and kill events.
Proposed change: Authorize an automated, simplified permitting process for Great Lakes salmon and trout tournaments, ice fishing tournaments less than 450 participants, and open water tournaments less than 30 boats. This permit option would allow qualified tournament organizers to register their tournament on-line for a given day and place provided space is available and thus have immediate approval. After on-line registration, the tournament organizer would print out the permit and all documentation that accompanies normally reviewed permits. Included in the documentation would be general provisions and permit conditions which would still include locally relevant tournament specific conditions, thus be the same as fully reviewed permit conditions. Approximately half (300) of all annual tournaments would be eligible for this permit resulting in reduced staff workload and simpler and faster permitting for tournament organizers. The three primary issues justifying the tournament regulatory system: crowding, fish mortality, and invasive species, would still be addressed with a simplified permit option.
G) Current policy: The size and number of permitted fishing tournaments allowed on a water body may not exceed limits in administrative code based on lake acreage and the numbers of boats, fishing days, and participants.
Proposed change: Exclude small permitted tournaments from the total number of tournaments allowed on individual waters.
2011 Wisconsin Act 24 allowed culling in department-authorized bass tournaments, and as a result bass tournaments with fewer than 20 boats that formerly did not need permits are now applying for them in order to cull fish. The increase in permit applications could create a shortage of permits on certain waterbodies, potentially preventing large tournaments in need of a permit from receiving one. Prior to Act 24, these tournaments would already occur without a permit and not be counted toward the tournament permit limit because the small number of participants would not cause crowding on the water. To avoid this unintended consequence of Act 24, small tournaments (<20 boats) that apply for a permit only so participants can cull fish would not be counted toward any participation limits (maximum daily number of boats, maximum monthly boat days, maximum daily concurrent tournaments).
H) Current policy: Catch-hold-release tournaments are subject to provisions intended to set standards for the care of fish meant to be released. Current language requires participants to have a boat with a functioning live well however does not differentiate this requirement for open water versus ice fishing events.
Proposed change: Add language to specify that boat and live well requirements only apply to open water tournaments and that any fish transported to or from the weigh-in site in a catch-hold-release ice fishing tournament must be held in water if the fish will be released.
I) Current policy: The fishing tournament permitting program administered by the Minnesota DNR that authorizes tournament activity on WI-MN boundary waters of the Mississippi River is very similar to that of WDNR. Accordingly, the states have recognized tournament permits and allowed tournament activity in their waters under the other states' permit. The number of permits available per river pool was set to reflect this agreement. No administrative code language currently exists that explicitly states this agreement.
Proposed change: Add language to explicitly state the authority to recognize neighboring states' tournament permits on border waters.
Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
23.11 (1), Stats., grants the department such powers as may be necessary or convenient to enable it to exercise the functions and perform the duties required of it by Ch.
23, Stats., and by other provisions of law.
Section
29.014 (1), Stats., directs the department to establish and maintain conditions governing the taking of fish that will conserve the fish supply and ensure the citizens of this state continued opportunities for good fishing.
Section
29.041, Stats., provides that the department may regulate fishing on and in all interstate boundary waters and outlying waters.
Section
29.403 (1g), Stats., authorizes the department to promulgate rules to establish a program to authorize and regulate fishing tournaments and establish the scope and applicability of the program.
Section
29.403 (2), Stats., provides that the department may require a permit to conduct a fishing tournament and may impose terms and conditions that apply to a specific permit.
Section
227.11 (2) (a), Stats., expressly confers rulemaking authority on the department to promulgate rules interpreting any statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of the statute.
Estimate of the Amount of Time that State Employees will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
Approximately 120 hours.
Description of all Entities that may be Impacted by the Rule
The proposed rule change would impact fishing tournament organizers and sport anglers who participate in fishing tournaments. No negative impact is expected for businesses, business associations, public utility rate payers, or local governmental units.
Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
The department is not aware of any existing or proposed federal regulation that would govern fishing tournaments in Wisconsin.
Contact Person
Safety and Professional Services
This revised statement of scope was approved by the governor on January 13, 2012.
The original statement of scope was published in
Register No. 663 on March 31, 2011.
Rule No.
165 — Chapters
SPS 90-
94 (formerly RL 90-94)
Relating to
Temporary licensure of massage therapists and bodywork therapists.
Description of the Objective of the Rule
Modernize Wis. Admin. Code Chapters
SPS 90 to
94, regulating the practice of massage therapy and bodywork therapy as a result of the passage of
2009 Wisconsin Act 355.
Description of Existing Policies Relevant to the Rule and of New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives; the History, Background and Justification for the Proposed Rule
A scope statement was published on March 31, 2011 in
Register No. 633 of the Wisconsin Administrative Register seeking revisions to Chapters
RL 90 to
94, now SPS 90 to 94, following the passage of
2009 Wisconsin Act 355. The Massage Therapy and Bodywork Therapy Affiliated Examining Board now revises the earlier scope statement by specifying the nature and breadth of the necessary amendments to the administrative rules governing massage therapy and bodywork practice in Wisconsin.
2009 Wisconsin Act 355 transformed the Massage Therapy and Bodywork Council into the Massage Therapy and Bodywork Therapy Affiliated Credentialing Board. (MTBT Board) The newly formed affiliate board, now attached to the Medical Examining Board, was granted rule-making authority. The act further authorizes the MTBT Board to issue a license to MTBT professionals instead of a certification and issue a temporary license for entry level MTBT professionals. The act also required the MTBT Board to consist of seven members six of which are licensed massage therapists or bodywork therapists with at least two years working experience, one member of the board to represent a massage therapy or bodywork therapy school and one member of the board to represent a massage therapy or bodywork therapy program offered by a technical college for a balanced representation of the profession. The former council now has all of the responsibilities of an affiliate board and seeks to carry out the mandate of the legislation via these proposed rules.
By passing
2009 Wisconsin Act 355, the legislature directs the MTBT board to draft rules regarding temporary licensure. A temporary license will be granted to persons who have graduated from a massage therapy or bodywork therapy program but have not yet received scores from an approved nationally administered examination. A temporary license lasts for six months and is non-renewable. In addition to defining temporary licensure, the proposed rules will define other new terms as well. The new terms include “client", “informed consent", “intimate parts", “joint mobilization or manipulation" and “sexually oriented business". The terms will be added to clarify the scope of practice for MTBT licensed professionals and temporary license holders. These changes prompted by the legislation, address policy trends within the profession as identified by the Federation of State Massage Therapy Boards (FSMTB) at their 2010 Annual Meeting including a need for a consistent scope of practice for MTBT professionals and a need for consistent entry level standards for those entering the profession. The proposed rules address those needs and will result in a change that will increase the level of safety for MTBT clients in Wisconsin and further define the scope of practice for MTBT professionals.
Statutory Authority for the Rule (Including the Statutory Citation and Language)
Rule-making authority is but one of the general powers of affiliated credentialing boards provided for in s.
15.085 (b), Stats. Affiliated credentialing boards, “shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains. . ." These proposed rules will provide guidance within the MTBT profession on entry level requirements and scope of practice issues. Section
440.035 (1), Stats., further provides that affiliated credentialing boards shall, “independently exercise its powers, duties and functions prescribed by law with regard to rule-making
…" Notwithstanding the independent use of this general power by affiliated credentialing boards, the Wisconsin Medical Examining Board will provide additional oversight and an opportunity to comment on these proposed rules at least 60 days before the Massage Therapy and Bodywork Therapy Affiliated Board submits the proposed rules to legislative council staff for review in accordance with ss.
15.085 (5) (b) (1) and
(2), Stats.
Section
227.11 (2) (a), Stats., discusses the parameters of an agency's rule-making authority stating, an agency “may promulgate rules interpreting the provisions of any statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of the statute, but a rule is not valid if it exceeds the bounds of correct interpretation." Section
227.01 (1), Stats., defines agency as a board. The Massage Therapy and Bodywork Therapy Affiliated Credentialing Board falls within this definition. Therefore, it may promulgate administrative rules which interpret the statutes it enforces or administers as long as the proposed rules do not exceed proper interpretation of the statute.
The legislature granted specific rule making authority to the Massage Therapy Bodywork Therapy Affiliated Credentialing Board to promulgate rules with regard to its general duties found in s.
460.04 (2) (a) – (g), Stats. Of utmost importance is s.
460.04 (2) (f), Stats. This provision was added with the passage of
2009 Wisconsin Act 355. In accordance with s.
460.04 (2) (f), Stats., the board shall promulgate rules stating the requirements for the newly created temporary license provision found in s.
460.08 Stats. These proposed rules will include when temporary licensees must make disclosures to clients and the various levels of supervision for temporary license holders while practicing under a licensed MTBT professional.
Pursuant to s.
460.10, Stats., the Massage Therapy and Bodywork Therapy Affiliated Credentialing Board may promulgate rules establishing requirements and procedures for a licensee to complete continuing education programs or courses of study to qualify for renewal of his or her license. These proposed rules will define the specific continuing education requirements.
Estimate of the Amount of Time that State Employees will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
It is estimated state employees may spend up to 200 hours in developing the proposed rules.
Description of all Entities that may be Impacted by the Rule
MTBT instructors, graduates of massage therapy or bodywork therapy schools and licensed MTBT professionals.
Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
There are no comparable federal regulations directly related to the proposed rules.
Economic Impact
It is anticipated that the proposed rule will have no economic impact locally or statewide.
Contact Person
Shawn Leatherwood 608-261-4438.
