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.
2. Detailed Description of the Objective of the Proposed Rule
This emergency rule order will establish the 2014 migratory bird hunting seasons.
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
This is an annual rule that will be consistent with a federal framework and is not a change from past policies. Migratory game bird hunting is regulated by the United States Fish & Wildlife Service (USFWS), in
50 CFR part 20, who will offer a final season framework to Wisconsin on approximately August 1, 2014. The State of Wisconsin's season proposal will be based on the federal framework and local conditions. Wisconsin will also not be more restrictive than the federal bag limit framework except that we will propose one less hen mallard in the bag limit if the federal framework allows two or more, consistent with existing Wisconsin rules.
These rules may modify season dates, bag limits, and other regulations for any migratory bird species but in particular ducks and geese. In 2014, the department also anticipates that the USFWS will offer states an option to lengthen the mourning dove hunting season.
The department will consider simplifications to migratory bird hunting regulations that may be identified during this rulemaking process.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
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.
Special regulations on the taking of certain wild animals are authorized under s.
29.192, Stats., including specific language that authorizes rules related to Canada goose hunting.
The establishment of migratory game bird refuges is authorized in s.
23.09 (2) (b), Stats., relating to the department's ability to designate locations reasonably necessary for the purpose of providing safe retreats in which birds may rest and replenish adjacent hunting grounds.
Wisconsin's boundary waters with other states are popular waterfowl hunting locations. Specific authority to regulate hunting in and on all interstate boundary waters and outlying waters is established in s.
29.041, Stats.
Sections
23.11 and
29.014, Stats., allow for the protection of natural resources on state lands such as migratory bird refuges, establish general department powers, and authority to establish hunting and trapping regulations on department managed lands.
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 640 hours will be needed by the department prior to and following the hearings.
6. Description of all Entities that may be Impacted by the Rule
These rules will impact migratory game bird hunters and those who enjoy viewing waterfowl in Wisconsin.
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
Migratory game bird hunting is regulated by the United States Fish & Wildlife Service (USFWS), in
50 CFR part 20. Under international treaty and Federal law, migratory game bird seasons are closed unless opened annually through the USFWS regulations process. As part of the federal rule process, the service annually evaluates migratory game bird populations and breeding habitat in cooperation with state provincial agencies and the Canadian Wildlife Service. After considering recommendations from the flyway councils of states and the guidance of cooperatively developed harvest strategies, the USFWS establishes annual frameworks within flyway or bird populations regions. States can then establish hunting seasons within the sideboards for each species and region. As a result, the hunting seasons of neighboring states are similar to Wisconsin migratory game bird hunting regulations because they are subject to the same federal frameworks.
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. The hunting season frameworks proposed in this rule will be comparable to those in place during the previous season. These rules are applicable to individual hunters and impose no compliance or reporting requirements for small business, nor are any design or operational standards contained in the rule.
9. Anticipated Number, Month and Locations of Hearings
The department will hold four public hearings on these emergency rules during the first week of August in four locations spread geographically around the state.
Contact Person
Scott Loomans, 101 S Webster St., Madison, WI 53707, (608) 267-2452,
scott.loomans@wisconsin.gov or Kent Van Horn, Migratory Birds Specialist, 101 South Webster Street, PO Box 7921, Madison, WI 53707-7921, (608) 266-8841,
kent.vanhorn@wisconsin.gov.
Safety and Professional Services —
Chiropractic Examining Board
This statement of scope was approved by the governor on March 7, 2014.
Rule No.
Relating to
Practical exam for chiropractors.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A
2. Detailed Description of the Objective of the Proposed Rule
The purpose of this proposed rule is to align current administrative code regulating chiropractors with recent legislation, namely,
2013 Wisconsin Act 20.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
2013 Wisconsin Act 20 repealed s. 446.02 (3) (a), Stats., which required applicants for chiropractic credentials to take a practical exam. After removing this requirement, the Legislature replaced the practical exam with a requirement to successfully complete Parts I, II, III and IV of the National Board of Chiropractic Examiners Exam (NBCE Exam). The Legislature set the successful completion score of 438 for Part III and a successful completion score of at least 475 on Part IV. The new statutory provisions also included a grandfathering clause for applicants who had applied on or after January 1, 2012 and the effective date of
2013 Wisconsin Act 20, June 30, 2013. This class of applicants had to have taken the practical exam and had to have achieved a score of 375 or higher on Part III, and Part IV of the NBCE Exam and successfully completed the exam that tests the applicant's knowledge of the laws of this state relating to the practice of chiropractic. Consequently, this proposed rule will revise the pertinent chiropractic rules in Wis. Admin Code as necessary to make them consistent with
2013 Wisconsin Act 20.
4. Detailed Explanation Of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
227.11 (2), 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 Chiropractic Examining Board falls within this definition. Therefore, the Board may promulgate administrative rules which interpret the statutes it enforces or administers as long as the proposed rule does not exceed proper interpretation of the statute.
Section
446.02 (2) (b), Stats., states that the, “examining board shall promulgate rules establishing educational requirements for obtaining a license . . .". One of the requirements for obtaining a license is the successful completion of the NBCE examination. New legislation has prompted a change in the successful score on the NBCE Exam and the corresponding rule should be amended to reflect that change. Therefore the Board is authorized both generally and specifically to promulgate the proposed rule.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
80 hours.
6. List with Description of all Entities that may be Affected by the Proposed Rule
Persons who are applying for chiropractic credentials.
7. 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 existing or proposed federal regulations intended to address the activities to be regulated by this rule.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
