Chapter
ATCP 127, Wis. Adm. Code (Existing)
Relating to
Regulating telephone solicitations.
Description of the Objective of the Rule
Recently enacted
2011 Wisconsin Act 197 prohibits text message solicitation to residential customers enrolled in the Wisconsin No Call program. The proposed rule change would update ATCP 127 (Direct Marketing) to align the rule with recent changes to s.
100.52, Stats., and to prohibit a telephone solicitation practice called “spoofing" that hides or provides a false telephone number for the telephone solicitor.
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
History and Background. The Wisconsin No Call program was established by statute in 2001 and the Department of Agriculture, Trade, and Consumer Protection (DATCP) promulgated a rule to implement the program in 2002. Telephone solicitors are prohibited from calling residential customers on the state No Call list. Exceptions are made for calls made to current clients and for calls made on behalf of non-profit and political organizations. Solicitors are required to register with DATCP and to pay an annual or quarterly fee to solicit residential customers located in Wisconsin. Residential customers who do not want to receive unsolicited commercial calls must provide their telephone number and zip code to the department every two years to remain on the non-solicitation list. In 2008, the statute was amended to include cellular phones.
2011 Wisconsin Act 197 further amended the statute to include regulation of text messages. This proposed rule change would align the rule with the statute.
Current s.
ATCP 127.04 requires that a telephone solicitor identify the name of the person making the solicitation and the name of the principal seller. It also prohibits the use of a fictitious name by the telephone solicitor. The proposed rule would prohibit the practice of “spoofing" that transmits misleading or inaccurate caller identification information.
Proposed Policies. The rule will regulate text messages as required by
2011 Wisconsin Act 197 and will modify the existing solicitor registration fee structure as necessary to register solicitors that send commercial text messages to residential customers. The rule will also regulate the practice of “spoofing".
Policy Alternatives. Do nothing. If the department does not modify the rule to incorporate text messaging, businesses attempting to comply with the law may find the requirements confusing. The department would also have difficulty enforcing the No Call program since solicitors that use voice communication would be covered by the rule, while businesses that solicit via text would be regulated only by statute. If the department does not modify the existing solicitor registration fee structure, businesses that solicit residential customers via text message may not be required to pay a registration fee to the department, while solicitors that use voice communication will continue to pay registration fees.
If the department does not prohibit “spoofing", recipients may continue to receive telephone solicitations which lack accurate identification of the caller's telephone number.
Statutory Authority for the Rule (Including the Statutory Citation and Language)
93.07 Department duties. It shall be the duty of the department:
(1) REGULATIONS. To make and enforce such regulations, not inconsistent with law, as it may deem necessary for the exercise and discharge of all the powers and duties of the department, and to adopt such measures and make such regulations as are necessary and proper for the enforcement by the state of chs.
93 to
100, which regulations shall have the force of law.
100.20 (2) (a) The department, after public hearing, may issue general orders forbidding methods of competition in business or trade practices in business which are determined by the department to be unfair. The department, after public hearing, may issue general orders prescribing methods of competition in business or trade practices in business which are determined by the department to be fair.
100.52 (2) (b) The department shall promulgate rules for establishing, maintaining and semiannually updating a directory that includes listings of residential customers who do not wish to receive telephone solicitations made on behalf of telephone solicitors.
Estimate of the Amount of Time that State Employees will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
DATCP estimates that it will use approximately .02 FTE staff to develop this rule. This includes time required for research and analysis, rule drafting, preparing related documents, holding public hearings and communicating with affected persons and groups. DATCP will use existing staff to develop this rule.
Description of All Entities that May be Impacted by the Rule
The part of this rulemaking related to text messaging will impact any businesses that solicit Wisconsin residential customers through text messages. It will not impact entities that solicit residential customers that are current clients or non-profit and political organizations that solicit residential customers via text message. The part of this rule related to “spoofing" will impact businesses that conduct telephone or text message solicitations of Wisconsin residential customers.
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 federal CAN-SPAM Act prohibits sending commercial electronic mail (e-mail) messages to wireless devices, including cellular phones and pagers, unless the recipient provided prior authorization to receive such messages. In addition, Federal Communications Commission (FCC) rules prohibit sending unwanted text messages to a wireless phone number if they are sent using an auto dialer. Finally, FCC rules prohibit sending unwanted text messages to a telephone number on the national Do Not Call list.
Anticipated Economic Impact
DATCP anticipates that the proposed rule will have minimal economic impact statewide and locally.
Contact Person
Sandy Chalmers, Administrator of the Division of Trade and Consumer Protection, DATCP; Phone (608) 224-4929.
Natural Resources
Fish, Game, etc., Chs.
NR 1—
This statement of scope was approved by the governor on April 12, 2012.
Rule No.
WM-08-12 and WM-09-12 (Emergency)
Relating to
Establishing a wolf hunting/trapping season and regulations, NR Chapters
10,
12, and
19.
Rule Type
Both permanent and emergency.
Finding/Nature of Emergency
Non-statutory provisions in SECTION 21 of 2011 ACT 169 require the department to submit rules necessary for implementation or interpretation and establish that the department is not required to make a finding of emergency.
Detailed Description of the Objective of the Proposed Rule
The objectives of this proposed rule are to establish regulated and managed harvest opportunities for gray wolves via hunting and trapping, and to establish the administrative procedures for submission and payment of wolf depredation claims. The desired outcome of these rules is the maintenance of a healthy wolf population at an established population goal.
This rulemaking will restate in administrative code many provisions that are already explicitly described in statute. Many similar or identical provisions, which apply to other species, are found only in administrative code. If statutory provisions related to wolves are not duplicated in administrative code, a person who is not aware of statutory provisions will draw incorrect conclusions about regulations that apply. These include; season dates, hunting hours, baiting regulations, regulations on firearms and crossbow use, and updates to the payments of claims for damage associated with gray wolves.
This proposed rulemaking will establish wolf harvest zones and the process for modifying those zones in the future. The department has established 4 wolf management zones previously in rule. Wolf harvest zones may differ from wolf management zones. Through this rulemaking process, the department will consider and may propose a process for annually establishing an allowable statewide harvest of wolves and allocating the harvest among the wolf harvest zones. Currently, for other species, some population goals are established in administrative code and others are established in a species management plan that has been approved by the agency's board but have not been promulgated as rules. In the past, the wolf population goal was established not by rule but in a management plan. The goal was a late winter count of 350 animals outside of Native American reservations. This proposal will also recognize tribal harvest rights of up to 50% of the annual allowable take of wolves within the Ceded Territory.
This rulemaking may establish that the number of wolf harvest permits to be issued will be based on annual population estimates in relation to the statewide population goal, and hunter and trapper success rates.
In order to facilitate the issuance of wolf harvest permits, as well as, collect information on harvest and enforce harvest limits, the following requirements will be established; application deadlines, selection protocol, permit transfer procedures, possession of a carcass tag while hunting, tagging the carcasses of harvested animals, reporting, registration, tissue, parts and carcass collection, and a process for rapid season closure when harvest quotas are met before the scheduled close of the season. These regulations will be familiar to hunters and trappers because they are similar or identical to those already in place for species such as bobcat, fisher, otter, deer, bear, turkeys and Canada geese.
This proposal will establish trapping regulations that meet public expectations for humane capture of wolves and avoidance of non-target species. The proposal may establish regulations on the size, type, placement, and times for use of traps and cable restraints. To the greatest extent possible, regulations will be based on research and testing for methods that result in low injury scores and eliminate harvest of non-target species. Wolf trapping in the lower 48 states is new in modern times and a review of existing best management practices is ongoing at the time this scope statement is being proposed.
Currently, hunting is prohibited in the Necedah National Wildlife Refuge except that hunting deer, turkey, and unprotected species with firearm and bow is allowed where posted by the United State Fish & Wildlife Service with their signs. This proposal extends the option for the property owner to also allow wolf hunting. Trapping for wolves is an option that the service already has if they choose to implement it.
Trapper education is currently a prerequisite for most people who wish to purchase a trapping license. However, the safe methods for trapping wolves have not been part of the curriculum of the Wisconsin Cooperative Trapper Education Course. Through this rulemaking, the department will investigate and propose the simplest, most efficient means possible of updating trapper's knowledge. Trapping wolves involves trap and cable restraints of sizes not previously in use on dry land in this state and significant care and regulatory assurances are needed for this practice to be accepted in the long run by the public.
Statute currently establishes conditions and authorities for the removal of wild animals causing damage and the department has established rules. This rule proposal will add wolves to rules the department has already promulgated for other species. In particular, the rules would require written permission to remove and relocate or to destroy a wolf causing damage and may require that the public be allowed to hunt on properties where removal is permitted. This proposal may also create a requirement that abatement measure be implemented before lethal means of control are authorized. This proposal will not affect current rules which allow a landowner to kill a wolf that is in the act of killing, wounding or biting a domestic animal. This proposal the department will investigate and propose rules that outline the process for submitting a wolf depredation claim and payment schedule. The department already has a similar process for agricultural damage caused by deer, bear, geese and turkeys.
Description of Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Policies relevant to the rule are consistent with existing policies for hunting, trapping, and wildlife damage claims payments for other species in most aspects. The department has regulations in place for the method of harvest, transportation, recording and registration of many harvested animals. The department establishes population goals for species such as deer, bear and bobcat. These proposed rules do not differ significantly from ones that are currently in place. Additionally, the department already administers a wolf depredation program including investigating suspected incidents of depredation on domestic animals and payment of claims.
Detailed Explanation of Statutory Authority for the Rule
The department is directed by s.
29.014, Wis. Stats. to establish regulations for the taking of game that conserve populations, including wolves, and provide opportunities for good hunting. This authorizes the department to establish rules that restrict harvest to safe levels which are established based on population estimates, population goals, and hunter and trapper success rates. This section authorizes other actions such as establishing that wolves are not small game and allows removing them from a protected species list because they will be protected under other rules.
Non-statutory provisions of 2011 ACT 169 exempt the department from making a finding of emergency in promulgating any rules that are necessary to implement the ACT.
Many provisions of the ACT will be duplicated in administrative code because that is where people are accustomed to finding similar or identical regulatory information for other species. The following are found in s.
29.185 (5) and
(6); season dates, use of dogs, hunting hours, baiting regulations, regulations on firearms and crossbow use. Rule updates on the payments of claims for damage associated with gray wolves will be similar or identical to new language created in 20.370 (5) (fv) of the ACT.
A variety of provisions explicitly authorize the department to limit wolf harvest if necessary to effectively manage the state wolf population. The department's authority to limit the number of harvest licenses issued is established in 29.185 (1). The establishment of wolf harvesting zones is required by the s.
29.185 (5) (b) of the ACT. Department authority to close the season in a harvest zone if the harvest quota is reached is established in 29.185 (5) (c). Regulations on the proper use of tags and registration of harvest are authorized under s.
29.185 (7) and generally by s.
29.014.
Regulations on the types of traps that may be used to harvest wolves are authorized under s.
29.185 (6) (f) and generally by s.
29.014.
The department is required to establish and supervise the Wisconsin Cooperative Trapper Education Program under s.
29.597.
Restrictions on the removal of wild animals and the wildlife damage abatement and claims program are established under the authority of ss.
29.014 and
29.885. These provisions allow the department to require written authorization for a member of the public to capture and relocate or kill wolves in damage and nuisance situations, consistent with current requirements for species such as deer, bear, and elk. Current administrative rule and statutory requirements for preventative abatement action before killing certain wild animals will be extended to wolves. Public hunting and trapping of certain species must be allowed for species currently covered under s.
29.885 (4m). The department will consider extending these requirements for wolves being removed under 29.888 of the ACT through this rulemaking. These provisions will not affect current rules that allow a landowner to kill a wolf that is actually in act of killing, wounding or biting a domestic animal.
Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The Bureau of Wildlife Management, in cooperation with endangered resources, costumer & outreach services, law enforcement, and legal services, will be responsible for promulgating permanent and emergency rules that support the implementation of a wolf hunting and trapping season. This would be a one-time expense that will be absorbed in the department's current budget. It is generally estimated that the effort of various staff will amount to the equivalent of two months of a staff specialist's time, approximately 320 hours.
List with Description of All Entities that May be Affected by the Proposed Rule
These rules are applicable to individual sportspersons and impose no compliance or reporting requirements for small businesses and no design or operational standards are established in the rule.
The Great Lakes Indian Fish & Wildlife Commission, representing eleven Ojibwe tribes who reserved hunting, fishing and gathering rights in the 1837, 1842, and 1854 Treaties, have indicated that they are affected by the proposed rule. The department will consult with the commission during promulgation of these rules.
It is likely that some of the groups that registered with the Government Accountability Board when the authorizing legislation was being considered in the legislature believe they will be affected by this proposed rule. Groups registering in support of the ACT include primarily groups with hunting and agricultural interests; Safari Club International, Wisconsin Chapters, United Sportsmen of Wisconsin, Inc., Wi~Force (Wisconsin Firearm Owners, Ranges, Clubs & Educators, Inc.), Wisconsin Bear Hunters Association, Wisconsin Bowhunters Association, Wisconsin Cattlemen's Association, Wisconsin Farmers Union, Wisconsin Independent Businesses Inc., Wisconsin Pork Association, and the Wisconsin State Cranberry Growers Association. The Stockbridge-Munsee Community registered in opposition with the board. The Humane Society of the United States registered in opposition at the hearing held by the State Assembly Natural Resources Committee on February 1, 2012.
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
Wolves are currently a state managed species. The US Department of Interior announced in December, 2011 that gray wolf populations in the Great Lakes region have recovered and no longer require the protection of the Endangered Species Act. The U.S. Fish and Wildlife Service published a final rule in the Federal Register that removed wolves in Michigan, Minnesota and Wisconsin, and in portions of adjoining states, from the list of endangered and threatened wildlife and plants. The rule went into effect on January 27, 2012.
The states of Wisconsin, Minnesota and Michigan are required to monitor wolf populations for at least five years to ensure the species continues to thrive. If it appears, at any time, that the gray wolf cannot sustain itself without the protections of the ESA, the service can initiate the listing process, including emergency listing.
Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to have a Significant Economic Impact on Small Businesses)
In the long term it is expected that new wolf hunting and trapping opportunities, and continuing wildlife watching activity, will contribute positively to Wisconsin's existing tourism economy. Even though the total number of participants in hunting and trapping will be low, these unique opportunities will bolster Wisconsin's image as a premier destination for wildlife and outdoors oriented activities.
These rules, and the legislation which grants the department rule making authority, do not have a significant fiscal effect on the private sector or small businesses. Additionally, no significant costs are associated with compliance to these rules. The department does not have experience yet to gauge the level of public participation and interest in this new activity. People who hunt or trap wolves may reside anywhere in the state but are likely to hunt and trap in the northern third of the state where most wolves are found. This will result in increased purchases of lodging services. Some hunters/trappers will need to be assisted by paid guides in order to have a high likelihood of success. The gear used for wolf hunting will be similar to that used for deer and that, combined with the low number of hunters, means there will be limited new retail expenditures even though this is a new opportunity. Successful hunters and trappers will contribute economically through the sales of wolf pelts or, more often, the purchase of taxidermy services. These will be minor contributions overall but for an individual taxidermist, guide, or motel owner who receives extra work, the impact is worth noting.
The ACT and this rulemaking will allow Wisconsin to manage wolves to population levels that will be lower than the current population. A result will be less wolf depredation on domestic animals. Under previous requirements of law and under the ACT, the department reimburses owners for the fair market value of domestic animals killed, or veterinary services, in wolf depredation incidents. A reduction in depredation will result in less time investigating damage, filling claims, and working with agency staff who administer the program. Individual producers who are concerned about livestock depredation are likely to view a hunting season as very important to them economically. In 2010, the department investigated and made damage payments for depredations of 84 cattle or missing cattle and six sheep.
The department does not anticipate that there will be significant conflict in the field between people pursuing different outdoor recreational opportunities. It is possible that some wildlife watchers who seek wolves for viewing opportunities may be concerned about user conflict, however, and will be less active. They may initially spend less money travelling and pursuing these activities.
Contact Person
Tom Hauge, Wildlife Management Bureau Director, 101 South Webster Street, Madison WI 53707. (608) 266-2193,
tom.hauge@wisconsin.gov.
Scott Loomans, Wildlife Regulation Policy Specialist, 101 South Webster St., Madison, WI 53707. (608) 267-2452,
scott.loomans@wisconsin.gov.
