Scope Statements
Natural Resources
Fish, Game, etc., Chs.
1—
(DNR # FH-01-12)
This statement of scope was approved by the governor on April 8, 2013.
The original statement of scope, SS
006-12, was approved by the governor on January 13, 2012, and published in the Admin
Register 674 on February 14, 2012. The scope of this rule has expanded to include improved customer service and staff efficiencies and are in response to
2011 Wisconsin Act 24, which allowed culling during permitted bass fishing tournaments.
Rule No.
Relating to
Fishing tournaments.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A.
2. Detailed Description of the Objective of the Proposed Rule
To simplify and create more effective fishing tournament rules that increase user satisfaction while still addressing concerns about crowding, tournament associated fish mortality, and the spread of invasive species.
Proposed changes are in response to
2011 Wisconsin Act 24, which allowed culling during permitted bass fishing tournaments, and efforts to improve customer service and staff efficiencies.
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
The current fishing tournament rule has been in effect for over three years and the Fisheries Management Bureau has taken a critical look at the rule to identify areas for improvement. The Tournament Rule Review Task Force, which includes DNR Fisheries Management and Law Enforcement staff and public tournament organizers from Wisconsin BASS and the Midwest Walleye Series, has and will discuss suggestions for fishing tournament rule changes.
Current fishing tournament rules establish maximum amount of tournament fishing pressure that can occur on individual waterbodies, a process for applying for tournament permits, established fees to recover the costs associated with processing and issuing tournament permits, and outline conditions that may be added to the fishing tournament permit by the department to reduce unwanted mortality and prevent the spread of aquatic invasive species. These conditions are explicitly stated at the time of permit issuance.
After several years of issuing tournament permits and evaluating both angler and program management needs, the department is proposing more efficient and effective tournament rules. New policies may include:
•
defining “culling"
•
determining certain permit exceptions and participant limits
•
streamlining tournament permit application procedures
•
specifying boat and live well requirements
•
clarifying rules on border waters
•
clarifying use of tournament specific conditions for catch-hold-release bass and walleye tournaments
The rule may include additional policies and proposals discussed and proposed by the Tournament Rule Review Task Force.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
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) and
(3), 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.
5. Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
Approximately 200 hours.
6. List with Description of all Entities that may be Affected by the Proposed Rule
The proposed rule change would positively 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.
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
The department is not aware of any existing or proposed federal regulation that would govern fishing tournaments in Wisconsin.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
The department anticipates that the proposed rule will have minimal or no economic impact locally or statewide (Level 3). The proposed rule change would impact fishing tournament organizers and sport anglers who participate in fishing tournaments. No negative impact is expected for businesses or business associations. No additional compliance or reporting requirements will be imposed on small businesses as a result of these rule changes.
Contact Person
Natural Resources
Environmental Protection — Air Pollution Control,
Chs.
400—
(DNR # AM-18-13)
This statement of scope was approved by the governor on May 8, 2013.
Rule No.
Relating to
Volatile organic compound control regulations for lithographic printing in.
Rule Type
Permanent.
Detailed Description of the Objective of the Proposed Rule
The United States Environmental Protection Agency (EPA) revised control techniques guidelines (CTG) for volatile organic compound (VOC) emissions from lithographic printing in September 20061. This CTG serves as the basis for states with ozone nonattainment areas to promulgate and implement rules to control VOC emissions from the lithographic printing industry sector. The Department is required under s. 182 (b) (2) of the Clean Air Act (42 U.S.C. § 7511a(b)(2)) to submit a revision to the state implementation plan (SIP) that requires reasonably available control technology (RACT) for VOC emissions. In addition, the Department is required to keep RACT rules, such as those for lithographic printing, in place even after nonattainment areas are reclassified to attainment to ensure compliance with national air quality standards is maintained. This is commonly referred to the “anti-backsliding" provision of the Clean Air Act.
With the intent to satisfy this requirement, the Department proposed revised state rules for VOC emissions from lithographic printing operations that became effective on August 1, 2009. However, when the Department submitted the rules to EPA for approval as a revision to Wisconsin's SIP, EPA identified deficiencies in the rules and declined to approve them. The Department subsequently proposed amendments to the state rules to correct all of the EPA-identified deficiencies. These amended state rules, found under chs.
NR 422 and
NR 423, Wis. Adm. Code, became effective on February 1, 2012, and were subsequently approved by EPA as a revision to the SIP on August 7, 2012 [
77 FR 46961].
The final version of the lithographic printing rules approved by EPA is in two separate parts within the state rules, with part I containing the older regulation (i.e., pre-2006 CTG) and part II, the requirements based on the 2006 CTG. While technically sufficient, the Department received feedback that the two part organizational structure causes confusion that could lead to inconsistent interpretation and application of the rules. The Department is therefore proposing changes to simplify and streamline these rules to facilitate implementation and to enhance consistency and clarity. Additionally, in order to provide flexibility for small businesses, the Department may propose changes to compliance demonstration methods for a limited number of low emitting lithographic printing sources, which may include small businesses.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
The Department's policy to require control of VOC emissions as a precursor to ozone formation, consistent with U.S. EPA requirements, is not being changed. The Department is clarifying and streamlining existing requirements as part of the proposed rules, not proposing any new policies. An alternative to this proposed rule action is to keep the rules as they are and to issue guidance memorandums, as necessary, to clarify specific issues. However, the Department believes this alternative would not bring the same degree of clarity nor long-term certainty to regulated sources and therefore would not be as effective as the proposed clarification and streamlining of the rules.
