Relating to
Establishing hunting seasons during which the use of crossbows is allowed.
Rule Type
Emergency.
1. Finding/Nature of Emergency (Emergency Rule Only)
The department is not required to make a finding of emergency before promulgating these rules. The department is directed to promulgate these rules in
2013 Act 61 and is exempted from making a finding of emergency under non-statutory provisions of the act.
2. Detailed Description of the Objective of the Proposed Rule
This emergency rule order will establish seasons for hunting deer with crossbows under the authority of a crossbow hunting license. In 2014 and the 2015, the crossbow only season will be identical to the season dates for hunting deer with a bow and arrow only.
Additionally, the department will review ch.
NR 10 and make any updates which are needed to maintain consistency with the act and the new crossbow hunting season.
3. 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
These rules will be consistent with previous policies to establish and regulate hunting by various methods including with firearms, bow and arrow, crossbows, and air guns. In order to hunt deer with a crossbow in the past, a person had to be either age 65 or older, hold a permit for hunters with disabilities, or could use a crossbow under the authority of a firearm license during a firearm season. Under the act and these rules, any person who otherwise can legally hunt will be able to purchase a license authorizing deer hunting by the use of a crossbow.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
The department is directed, in the non-statutory provisions of
2013 Act 61, to promulgate emergency rules that are needed to establish hunting seasons where the use of crossbows is allowed. These provisions also exempt the department from the requirement to make a finding of emergency.
The chapter related to wild animals and plants, in s.
29.014 Stats., “rule making for this chapter", establishes that the department shall maintain open and closed seasons for fish and game and any limits, rest days, and conditions for taking fish and game. This grant of rule-making authority allows the department to promulgate rules related to migratory game bird hunting.
5. 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 40 hours will be needed by the department to promulgate these rules.
6. Description of all Entities that may be Impacted by the Rule
These rules will impact deer hunters, especially those who are interested in hunting with archery gear, both bow and arrow, and with crossbow gear.
7. Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
Federal regulations allow states to manage the wildlife resources located within their boundaries provided they do not conflict with regulations established in the Federal Register. None of these rule changes violate or conflict with the provisions established in the Federal Code of Regulations.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
No economic impacts are anticipated. State statutes have already established that crossbow hunting is allowed and the conditions for the use of crossbows, including the required licenses and the season dates for 2014 and 2015. These rules will not establish any additional requirements or exceptions that would have an economic impact.
9. Anticipated Number, Month, and Locations of Hearings
We do not plan to hold hearings on these rules. Under 227.24 (1) (a), Stats., an agency is not required to hold hearings on emergency rules. Season dates and licensing requirements in these rules will be identical to those established in the statute. Other provisions of existing rules which the department may identify as needing revision will result in modifications that are remedial in nature.
Contact Person
Natural Resources
Fish, Game, etc., Chs.
1—
(DNR # LE-01-14)
This statement of scope was approved by the governor on March 10, 2014.
Rule No.
Relating to
Boat rules and registration.
Rule Type
Permanent
1. Finding/Nature of Emergency (Emergency Rule Only)
2. Detailed Description of the Objective of the Proposed Rule
a)
Correct Noise Level Testing Requirements to meet Society of Automotive Engineers recommended practices.
b)
Add Slow No Wake restrictions within 100' of patrol boat displaying emergency lights due to public safety and law enforcement officer safety concerns.
c)
Add a requirement for an assigned number be affixed to all approved waterway markers to allow law enforcement officials to determine the legality of the marker. DNR proposes a numbering system that includes the county code, the township code and the DNR assigned permit number.
d)
Correction to s.
NR 5.13 to remove sailboards from ch.
NR 5 requirements as s.
30.62 (3) (a), Stats., exempts sailboards from personal flotation requirement.
e)
Additions and revisions to meet federal requirements:
• Add visual distress signals and sound producing devices to meet federal requirements.
•
Revisions to application information to require the collection of unique identification information for each vessel owner who applies for a certificate of number. States have until January 1, 2017 to implement this change.
•
Add requirement for vessel owners to verify that a valid primary vessel HIN has been affixed to the vessel for which a certificate of number is issued, renewed, or upon the transfer of a vessel's ownership. States have until January 1, 2017 to implement this change.
3. 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)
Revise Noise Level Testing Requirements – current language contained in s.
NR 5.125 refers to testing methods J34a, J1970 or J2005. SAE only refers to J34 not J34a. Chapter
NR 5 should reflect actual Test #/Title of that being J34. Updates to the J34 Monitoring Test reflect a correction factor to a 50' distance/regulation and in J1970 (4.2.1) specifically states: “The applicable reading does not require the measured boat to be at any specific distance from the shoreline or microphone". Officers should not be limited by a minimum distance requirement in code and should rely on each Test Procedure.
b)
Add Slow No Wake within 100' of patrol boat displaying emergency lights — s.
NR 5.33 contains requirements for Restricted Speed Zones. However there are no restrictions for vessel operators approaching a law enforcement boat displaying emergency lights. Due to public safety and law enforcement officer safety concerns, WDNR requests a variation of the “move over law" currently in place on highways.
c)
Section s.
30.62 (3) (a), Stats., exempts sailboards from personal flotation requirement. Need to remove sailboards from ch.
NR 5 requirements: s.
NR 5.13 Personal flotation and life saving device requirements. (1) This section applies to all boats that are propelled or controlled by machinery, sails, oars, paddles or poles or another vessel including but not limited to inflatables and sailboards, used on waters subject to the jurisdiction of this state except:
d)
Add Visual Distress Signals language to meet federal requirements — language not currently contained in ch.
NR 5.
e)
Add Sound Producing Device language to meet federal requirements — language not currently contained in ch.
NR 5.
f)
Revisions to application information for boat certificate or number and application for transfer to meet federal requirements. Changes to federal regulations require the collection of unique identification information for each vessel owner who applies for a certificate of number. The options to be collected are: owner's tax identification number, date of birth with driver's license number; or date of birth together with other unique number. States have until January 1, 2017 to implement this change.
g)
Add requirement for vessel owner to verify that a valid primary vessel HIN has been affixed to the vessel for which a certificate of number is issued, renewed, or upon the transfer of a vessel's ownership. States have until January 1, 2017 to implement this change, Per the federal regulations, States may use methods of its choosing to verify that each vessel's owner has affixed a valid primary HIN. WDNR would propose to require the vessel owner to complete a statement on the application form or renewal form.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
• 30.505, Stats. — The certificate of number system and the issuance of identification numbers employed by the department shall be in conformity with the overall system of identification numbering for boats established by the U.S. government. The department shall promulgate rules as are necessary to bring the state certificate of number system and the issuance of identification numbers into conformity with this federal system.
•
30.62 (2) (d) 2., Stats. — The department may promulgate rules establishing testing procedures to determine noise levels for the enforcement of this section.
•
30.62 (2) (d) 3., Stats. — The department may revise these rules as necessary to adjust to advances in technology.
•
30.62 (9), Stats. — The department shall promulgate such rules modifying or supplementing the associated equipment requirements of this section as are necessary to keep those requirements in conformity with federal regulations.
•
30.65 (2), Stats. — The department may promulgate such additional traffic rules as it deems necessary in the interest of public safety. Such rules shall conform as nearly as possible to the federal pilot rules
5. Estimate of the Amount of Time that State Employees Will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
One month.
6. Description of all Entities that may be Impacted by the Rule
Wisconsin law enforcement officers and vessel owners
7. Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
Coast Guard conducted an on-site review of Wisconsin's State Recreational Boating Safety (RBS) Program. Onsite reviews are used to help determine a state's eligibility to receive funding made available under Title
46 U.S.C. Chapter 131 for the State RBS Program. A state's eligibility is determined by the content of its RBS Program and its conformance to applicable federal laws and regulations.
Based on the programmatic review of Wisconsin's State RBS program, two deficiencies were noted that require corrective action. The State laws and regulations do not include a provision for the carriage of visual distress signals (VDS) in waters where required under Title 33 Code of Federal Regulations (CFR), Part 175 Subpart C; and State laws and regulations do not include a provision for the carriage of a sound-producing device where required under the Navigation Rules; International-Inland. State law must require the carriage of the minimum federal equipment requirements in order to meet eligibility requirements as an adequate law enforcement program.
The above elements are part of an approved vessel numbering system necessary to maintain overall program approval and eligibility to receive federal financial assistance under the State RBS Grant Program
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
None.
9. Anticipated Number, Month and Locations of Public Hearings
The Department anticipates holding two public hearings in the month of June 2014. Hearing cities will be: Madison and Wausau
Contact Person
Roy Zellmer, (608) 212-5385.
Natural Resources
Fish, Game, etc., Chs.
1—
(DNR # WM-04-14(E))
This statement of scope was approved by the governor on March 10, 2014.
Rule No.
Relating to
Establishing the 2014 migratory bird season framework.
Rule Type
Emergency.
1. Finding/Nature of Emergency (Emergency Rule Only)
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, when a number of the migratory bird hunting seasons open. Failure to modify our rules will result in the failure to provide hunting opportunity and continuation of rules which conflict with federal regulations.
