This proposal will establish a general framework of season dates, bag limits, and conditions for taking migratory game birds by hunting or falconry. Primary objectives of the rule will be to reduce the amount of migratory bird-related emergency rule making that is needed each year, to simplify regulations, codify provisions already in effect by emergency rule, and repeal a sunset provision.
Description of the Existing policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
In the past, the department has annually promulgated emergency and permanent rules establishing the same year's migratory bird hunting regulations. The emergency rule is necessary because migratory game bird hunting is regulated by the United States Fish & Wildlife Service which offers a final season framework to Wisconsin on approximately August 1 each year. This timeframe does not allow for promulgation of a permanent rule prior to the hunting season. As part of the federal regulation of migratory game bird hunting, groups of states are organized into councils by migratory flyways to work together on the management and regulation of migratory game birds. Wisconsin is part of the Mississippi Flyway Council (MFC) which consists of 14 states and 3 Canadian provinces and state rules are subject to flyway council management plans and agreements. The department has promulgated permanent rules in the past so that information related to zones, tagging requirements for geese, and other regulations remain current. However, season dates and bag limits established in the Wis. Admin. Code reflect the previous year's season framework and are not useful, current information.
Through this rulemaking process, the department will evaluate ways to establish more general descriptions of the migratory bird hunting season in Wis. Admin. Code. For example, new rule language might start the duck season on the “last Saturday in September" instead of a specific date. Emergency rulemaking will still be required of the department as the federal frameworks are established each year, but a result would be less rulemaking overall.
Through this rulemaking process, the department will investigate what authority it has or which can be established to modify season dates or bag limits through an order of the department secretary instead of by rule. The ability to modify regulations, specifically when necessary to remain in compliance with the federal season framework, could reduce the amount of emergency rulemaking that is needed. A rule of this nature could establish sideboards requiring the department to take full advantage of the federal framework.
The department will also recommend ways to simplify Canada goose hunting regulations. Current rules require tagging geese that are harvested in the Horicon Zone but a simpler process of recording harvest may be possible. Additionally, the department will consider eliminating the permit application deadline for Horicon zone hunters and simply issue harvest permits while recognizing the flyway management and federal protections against overharvest of the Mississippi Valley Population. The department will also consider reducing the size of the Horicon zone which would result in expanded hunting opportunities in areas no longer in that zone.
The department will consider other simplifications to migratory bird hunting regulations that may be identified during this rulemaking process.
Through this rulemaking, the department may suggest revisions to the existing prohibition and exceptions for open-water hunting. Most waterfowl hunters are required to be partially or entirely concealed in emergent vegetation while hunting from a boat, blind or similar device on state water. This requirement preserves open water areas as safe resting areas for migrating waterfowl. By emergency rule, the department has established an exception for disabled permit holders and their assistants. This would establish the same exception by permanent rule in Wis. Admin. Code. Additional revisions of a housekeeping nature could be made. The department will consider other suggested ways to modify the provision, including advisory resolutions offered by the Wisconsin Conservation Congress.
This proposal would eliminate the sunset of 1:00 p.m. closure of migratory bird hunting at two wildlife management areas - Lake Mills Wildlife Area, Jefferson County, and Mead Wildlife Management Area, Wood, Marathon, and Portage Counties. Similar regulations in other states have been shown to provide good hunting across an entire property rather than just near refuges and hold ducks in an area for a longer period of time. This regulation sunsets after 3 years but there continues to be public support so the rule would be reauthorized under this proposal. At Lake Mills, mourning dove hunting hours also close at 1:00 p.m. The department may ask hunters if they would like this or similar opportunities at additional properties which are managed for mourning dove hunting.
These rules may modify the regulations of people who practice falconry for pursuing migratory game birds if necessary changes are identified during the rulemaking process.
The department may include other, minor, non-controversial rule proposals passed at the annual Spring Fish & Wildlife Hearings as advisory questions by the Conservation Congress.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
The chapter on 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, establish general department powers on lands it manages including migratory bird refuges, and authority to establish hunting and trapping regulations on department managed lands.
Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
Approximately 400 hours will be needed by the department prior to and following the hearings.
List with Description of all Entities that may be Affected by the Proposed Rule
These rules will impact migratory game bird hunters, primarily those pursuing ducks and geese.
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
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.
Locally produced giant Canada geese are now a considerable portion of the harvest in states that also harvest Mississippi Valley Population geese that nest in Northern Ontario. The Mississippi Flyway Council has tested the use of a standard season framework for 5 years, ending in 2011. Season lengths and bag limits for each MVP harvest state remained unchanged. In 2012, the MFC conducted an evaluation of harvest impacts of these stable regulations and established a framework for future seasons. It was agreed within the MFC that states harvesting MVP Canada geese could take small steps toward liberalization while impacts are cooperatively monitored.
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.
Contact Person
Safety and Professional Services — Examining Board of Architects, Landscape Architects, Professional Engineers, Designers, and Land Surveyors
This statement of scope was approved by the governor on March 6, 2013.
Rule No.
Relating to
Continuing Education (CE).
Rule Type
Permanent.
Finding/Nature of Emergency (Emergency Rule Only)
NA.
Detailed Description of the Objective of the Proposed Rule
The objective of this proposed rule-making is to clarify various provisions of ch.
A-E 13, Wis. Admin. Code, which sets forth minimum standards for continuing education for professional engineers and to resolve inconsistencies between the rules in that chapter. In particular, this proposal is intended to revise the rules so that newly registered comity applicants are treated consistently with newly registered Wisconsin engineers with respect to continuing education. This proposal may include amendments to other A-E Code chapters as necessary based on the changes to ch.
A-E 13.
It is also intended to clarify the rules for a person who has retired from the profession and is seeking a waiver from the continuing education requirements. It will revise the rules to state retirees may not perform or provide professional engineering services nor receive remuneration to be eligible for the waiver.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Policies relevant to ch.
A-E 13, Wis. Admin. Code: All registered professional engineers, like any other professional, should adhere to minimum standards of practice, where such standards have been promulgated by engineer-practitioners knowledgeable in both the practice and its governing law. Minimum professional standards must be easily understood by practitioners. They must also be consistent with each other, the statutes, and other related law; and should reflect current practices of the profession. These policies remain in effect. No new alternative policies are involved, making an analysis of policy alternatives unnecessary.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Examining Boards are generally empowered by the legislature pursuant to ss.
15.08 (5) (b) and
227.11, Stats., to promulgate rules that govern their profession. The Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors (Board)are specifically authorized by s.
443.015, Stats., to establish rules governing continuing education requirements. Therefore the Board is authorized generally and specifically to promulgate the proposed rules. See sections
15.08 (5) (b),
227.11 (2) (a), and
443.015 (2), Stats.
Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
100 hours
List with Description of all Entities that may be Affected by the Proposed rule
Registered professional engineers and individuals and entities using their services.
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
No federal laws regulate the practice of professional engineering as it relates to the activities regulated by the rules proposed herein.
Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
None.
Contact Person
Shawn Leatherwood, (608) 261-4438,
Shancethea.Leatherwood@Wisconsin.gov.
Safety and Professional Services
Professional Services, Chs.
SPS 1—299
This statement of scope was approved by the governor on March 6, 2013.
Rule No.
Relating to
Hearings, injunctions, and warnings.
Rule Type
Permanent.
Finding/Nature of Emergency (Emergency Rule Only)
NA.
Detailed Description of the Objective of the Proposed Rule
The objective of the proposed rule is to address an outdated process and fix typographical errors.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Sections
SPS 1.08 (2) and
2.10 (1) currently provide for the designation of the presiding officer to be employed by the Department unless the credentialing authority designates otherwise. These sections also indicate the administrative law judge shall be an attorney in the department designated by department general counsel, an employee borrowed from another agency or a person employed as a special project or limited term employee. The Department of Safety and Professional Services no longer has designated administrative law judges within the Department and contracts with Department of Administration, Division of Hearing and Appeals to preside over hearings. The proposed policy is to have the presiding officer of Class 1 and Class 2 hearings be an administrative law judge employed by the Department of Administration.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
440.03(1), Wis. Stats. The department may promulgate rules defining uniform procedures to be used by the department, the real estate appraisers board, and all examining boards and affiliated credentialing boards, attached to the department or an examining board, for receiving, filing and investigating complaints, for commencing disciplinary proceedings and for conducting hearings.
Section
440.205, Wis. Stats. The department shall promulgate rules establishing uniform procedures for the issuance and use of administrative warnings.
Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
20 hours
List with Description of all Entities that may be Affected by the Proposed Rule
Credential holders.
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
None.
Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
None.
Contact Person
Sharon Henes, (608) 261-2377.
Safety and Professional Services
Professional Services, Chs.
SPS 1—299
