Detailed Description of the Objective of the Proposed Rule
In order to provide better protection from introduction of wood borne invasive pests and diseases, the proposed change to NR 45.045 (2) (a) would reduce the distance from the state campground or property from which allowable firewood may originate from 25 to 10 miles. The proposed elimination of NR 45.045 (2) (b) would remove a regulation that would no longer provide significant additional protection if the change to (a) is approved.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
DNR currently limits firewood entering state lands to that wood originating from within 25 miles and within the state or from dealers that are certified by the state as treating their wood to prevent transmission of pests or diseases. In response to concerns from the public, we propose to reduce the allowable distance to 10 miles. A model of the changing risk of introduction of an invasive pest with decreasing allowable distance shows a significant reduction in level of risk between 25 and 10 miles. With the establishment of emerald ash borer and beech bark disease at several sites in Wisconsin and the new threat of thousand cankers disease of walnut; this seems to be a prudent step to take. If the allowable distance is reduced to 10 miles, the prohibition of out-of-state wood will no longer provide the additional protection it once contributed. If a pest is established within 10 miles, it will be a short time before it can spread on its own onto the property. In this situation, the out-of-state prohibition doesn't provide additional protection. Regulation that doesn't provide a benefit should be dropped. We also expect a long term benefit of simplifying the message that safe wood is local or treated and avoiding the appearance of blaming other states for invasive pests.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Chap. 23.09 (2intro): Departmental rules; studies; surveys; services; powers; long-range planning. The department may promulgate such rules, inaugurate such studies, investigations and surveys, and establish such services as it deems necessary to carry out the provisions and purposes of this section. The department shall establish long-range plans, projects and priorities for conservation. The department may:
Chap. 23.09 (2m) (b): Forest land plans and management. The department shall manage forest land under its jurisdiction in a manner that is consistent with, and that furthers the purpose of, the designation of that forest land as a state forest, southern state forest, state park, state trail, state natural area, state recreation area, or similar designation.
Chap. 23.09 (10): Conservation easements and rights in property. Confirming all the powers hereinabove granted to the department and in furtherance thereof, the department may acquire any and all easements in the furtherance of public rights, including the right of access and use of lands and waters for hunting and fishing and the enjoyment of scenic beauty, together with the right to acquire all negative easements, restrictive covenants, covenants running with the land, and all rights for use of property of any nature whatsoever, however denominated, which may be lawfully acquired for the benefit of the public. The department also may grant leases and easements to properties and other lands under its management and control under such covenants as will preserve and protect such properties and lands for the purposes for which they were acquired.
Chap. 23.091 (1): Designation. The department may acquire, develop, operate and maintain state recreation areas. State lands and waters may be designated as state recreation areas that are environmentally adaptable to multiple recreational uses, or are so located to provide regional or urban recreational opportunities or for preservation.
Chap. 23.11 (1): General powers. In addition to the powers and duties heretofore conferred and imposed upon said department by this chapter it shall have and take the general care, protection and supervision of all state parks, of all state fish hatcheries and lands used therewith, of all state forests, and of all lands owned by the state or in which it has any interests, except lands the care and supervision of which are vested in some other officer, body or board; and said department is granted such further powers as may be necessary or convenient to enable it to exercise the functions and perform the duties required of it by this chapter and by other provisions of law. But it may not perform any act upon state lands held for sale that will diminish their salable value.
Chap. 23.11 (4): The department shall have police supervision over all state-owned lands and property under its supervision, management and control, and its duly appointed agents or representatives may arrest, with or without warrant, any person within such area, committing an offense against the laws of this state or in violation of any rule of the department in force in such area, and deliver such person to the proper court of the county wherein such offense has been committed and make and execute a complaint charging such person with the offense committed. The district attorney of the county wherein such offense has been committed shall appear and prosecute all actions arising under this subsection.
Chap. 26.30 (2):
Powers. The department is vested with authority and jurisdiction in all matters relating to the prevention, detection and control of forest pests on the forest lands of the state, and to do all things necessary in the exercise of such authority and jurisdiction, except that this shall not be construed to grant any powers or authority to the department for the silvicultural control of forest pests on any land. This section shall apply only to the detection and control of forest pests on forest lands and does not affect the authority of the department of agriculture, trade and consumer protection under chs.
93 and
94. The action of the department under sub.
(4) shall be coordinated with the department of agriculture, trade and consumer protection in accordance with s.
20.901. The secretaries of natural resources and agriculture, trade and consumer protection shall execute annually a memorandum of agreement to enable the coordination of pest control work of their departments.
Chap. 27.01 (2) (i): Establish and operate in state parks such services and conveniences and install such facilities as will render such parks more attractive for public use and make reasonable charges for the use thereof.
Chap. 27.01 (2) (j): Promulgate rules necessary to govern the conduct of state park visitors, and for the protection of state park property, or the use of facilities, including the use of boats and other watercraft on lakes or rivers within the limits of a state park, and the use of roads, trails or bridle paths.
Chap. 28.04 (2) (a) The department shall manage the state forests to benefit the present and future generations of residents of this state, recognizing that the state forests contribute to local and statewide economies and to a healthy natural environment. The department shall assure the practice of sustainable forestry and use it to assure that state forests can provide a full range of benefits for present and future generations. The department shall also assure that the management of state forests is consistent with the ecological capability of the state forest land and with the long-term maintenance of sustainable forest communities and ecosystems. These benefits include soil protection, public hunting, protection of water quality, production of recurring forest products, outdoor recreation, native biological diversity, aquatic and terrestrial wildlife, and aesthetics. The range of benefits provided by the department in each state forest shall reflect its unique character and position in the regional landscape.
Chap. 28.04 (2) (c): In managing the state forests, the department shall recognize that management may consist of both active and passive techniques.
Chap. 227.11 (2) (a): Rule-making authority is expressly conferred as follows: Each agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute, but a rule is not valid if the rule exceeds the bounds of correct interpretation. All of the following apply to the promulgation of a rule interpreting the provisions of a statute enforced or administered by an agency:
Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
206 hours total, before and after public hearings.
List with Description of All Entities that may be Affected by the Proposed Rule
We expect campers and firewood dealers would be impacted or interested in this rule.
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 Apostle Islands National Park has prohibited all firewood into the park since 2006. The Chequamegon-Nicolet National Forest prohibits firewood from south of Route 29 or from outside Wisconsin. The Huron-Manistee National Forest in Michigan prohibits bringing ash firewood onto the forest. The Army Corps of Engineers regulates firewood they allow onto their lands in Wisconsin.
Anticipated Economic Impact of Implementing the Rule (Note: if the Rule is Likely to have a Significant Impact on Small Businesses)
Small vendors just outside state campgrounds are already getting their wood from close by given the current 25 mile limit on allowable wood. For this reason, we do not anticipate an additional significant impact on these vendors with the decrease to 10 miles. It may have a beneficial effect on vendors who are certified as treating their wood by the Department of Agriculture, Trade and Consumer Protection as it could increase the convenience of their product since it can be brought into any state property, regardless of where it originated.
Contact Person
Andrea Diss-Torrance, Gypsy Moth and Invasive Forests Insects Program Coordinator, 101 South Webster Street, PO Box 7921, Madison, WI 53707-7921, (608) 264-9247,
Andrea.DissTorrance@wisconsin.gov.
Natural Resources
Fish, Game, etc., Chs.
NR 1—
This statement of scope was approved by the governor on July 25, 2012.
Rule No.
Relating to
Fishing regulations on inland, outlying, and boundary waters that will be proposed at the 2013 Spring Fish and Wildlife Hearings.
Rule Type
Permanent.
Finding/Nature of Emergency (Emergency Rule Only)
Not applicable.
Detailed Description of the Objective of the Proposed Rule
With this rule, the department will make changes to fish size limits, bag limits, seasons, and other regulations related to fishing in inland, outlying, and boundary waters, as described in the table below. Fishing regulations are in place to help meet management goals and objectives for waters and their fish species, such as providing a trophy walleye fishery or a bass fishery that maximizes predation on smaller fishes. New regulations are proposed when management goals have changed or the department must address a critical need, such as a major fish population decline. They are based on input solicited from stakeholders when the proposals were developed as well as a plan for evaluating the regulation after it is in place.
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See PDF for table 
In addition to the regulation changes listed above, the rule would also amend s.
NR 20.35 in order to allow fish biologists to adjust fish harvest bag and size limits under certain conditions. Procedures already exist in s.
NR 20.35 to allow the department to apply alternative size limits, bag limits, or both for identified fish species to provide for better use and management of the fishery resources of the water. These alternative limits apply temporary regulations to fish species in a waterbody. After distributing a notice and conducting a public information meeting if requested, the department posts signs at the water's public access sites noting that an alternate limit applies. Currently, s.
NR 20.35 allows the department to apply no size limit to walleye, largemouth bass, or smallmouth bass if it has been found that the fish population has very slow growth in the water or if there are high contamination levels of mercury or other toxins. Under this rule proposal, alternate size or bag limits may be applied to walleye, largemouth bass, smallmouth bass, northern pike, or panfish if, for the particular species in a particular water, the department finds that at least one of the following conditions exist:
a) A lake restoration project is in place to reduce detrimental fish species that includes bio-manipulation of a waterbody through increasing the abundance and biomass of predator game fish.
b) Fish have been removed or destroyed as a result of a rehabilitation program to reestablish a good supply of game fish.
c) An inland water has been documented to contain detrimental species, species nonindigenous to the waters of the state, or rough fish. In order to control the population of detrimental, nonindigenous, or rough fish species and protect the native fish populations, the department shall apply alternate limits.
d) The department is collaborating with an established university research project in a particular waterbody. The department shall apply alternate size or bag limits for particular species as determined in collaboration with university researchers that shall remain in full force and effect until the research project has ended and the size or bag limits return to those previously in place.
e) The department finds that an evaluation of a size or bag limit could not be completed before a sunset date listed in s.
NR 20.20. The department may extend the limits and they shall remain the same for 7 years from the date specified in s.
NR 20.20 or until a permanent rule change is in place, whichever occurs first. The determination to extend a size limit sunset date shall be made within two years prior to the sunset date listed in s.
NR 20.20.
Wisconsin Conservation Congress Proposals
Each year the Wisconsin Conservation Congress proposes advisory questions to the general public at the Fish and Wildlife Spring Hearings. Those questions are not reviewed by the department until after they are supported by a majority vote at the hearings and approved by the Congress at its annual meeting. The Fisheries Management Bureau will expedite review of the approved fisheries-related advisory questions from the April 2012 hearings and include in this rule those proposed non-controversial regulations for which available data warrant immediate attention. The Bureau will consult further with Congress committees and its species teams on the other proposed regulations that require additional data and review.
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 proposed rule would make modifications to portions of chs.
NR 20,
21,
22, and
23 pertaining to sport fishing regulations on inland, outlying, and boundary waters of Wisconsin. These changes are proposed to protect and enhance the State's fish resources.
All rule change proposals were submitted by fish biologists and peer-reviewed for justification and enforceability by Fisheries Management supervisors and the Bureau Director, species management teams, and the Bureaus of Law Enforcement and Legal Services. Proposals were discussed with Wisconsin Conservation Congress members and will be presented at the 2013 Fish and Wildlife Spring Hearings. Proposals that reduce regulation complexity or eliminate a special regulation in favor of a statewide one were given preference.
The existing policy behind fishing regulations is to provide diverse fishing opportunities throughout the state and that policy will be continued and enhanced by these rule changes. Based on the management goals for individual waters and species, the Fisheries Management Program strives to provide:
□ consumptive opportunities where anglers can fish for a meal from a self-sustained, slow-growing fish population;
□ quality and memorable opportunities where anglers can catch large fish and the density of adult fish in the populations are sustained or increased; and
□ trophy opportunities where anglers can catch large trophy-size fish and the survival of older and larger fish is increased.
It is not expected that rule changes as a result of comments from the 2013 Fish and Wildlife Spring Hearings would affect the scope or economic impact of the rule proposal. For example, the department may make changes in response to hearing comments that would remove a proposal to implement an 18-inch minimum size limit and daily bag limit of 3 fish for walleye, sauger, and hybrids in one or more counties. Without implementing the proposed size and bag limits, existing regulations remain in place to ensure continued protection of fish resources. Similarly, if comments from public hearings result in additional elements to a proposal, it is not expected that it would affect the scope or economic impact of the rule proposal. For example, a proposal to require the use of quick-strike rigs when fishing with a 10-inch or longer minnow as bait was changed after a hearing in order to allow the use of circle hooks or quick-strike rigs when fishing with an 8-inch or longer minnow as bait. These changes still met the intent and objectives of the original rule proposal.
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
227.11 (2) (a), Stats., expressly confers rulemaking authority on the department to promulgate rules interpreting any statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of the statute.
Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
Approximately 300 hours.
List with Description of all Entities that may be Affected by the Proposed Rule
The proposed rule will primarily affect sport anglers. As with any change in regulations, there will be a requirement for anglers to learn the new rules. The Fisheries Management Bureau works to notify the public of new regulations via press releases, the internet, and fishing regulations pamphlets.
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
Authority to promulgate fishing regulations is granted to states. None of the proposed changes violate or conflict with federal regulations.
Anticipated Economic Impact of Implementing the Rule
Minimal to no economic impact. (Level 3)
It is not expected that there will be any economic impact directly related to these rule changes. The proposed rule will primarily affect sport anglers. Regulations are already in place and this rule is intended to continue protection and enhancement of the State's fish resources. One intention of the rule is to help maintain or improve the general economic impact of fishing throughout Wisconsin.
The department will conduct an economic impact analysis to determine if any individuals, businesses, local governments, or other entities expect to be adversely affected economically. The proposed rule does not impose any compliance or reporting requirements on small businesses nor are any design or operational standards contained in the rule. The rule does not allow for the potential to establish a reduced fine for small businesses, nor does it establish “alternative enforcement mechanisms" for “minor violations" of administrative rules made by small businesses.
Contact Person
Natural Resources
Fish, Game, etc., Chs.
NR 1—
This statement of scope was approved by the governor on July 25, 2012.
Rule No.
Relating to
Fisheries Administrative Code Housekeeping: corrections, clarifications, and updates to outdated language regarding fishing in inland, outlying, and boundary waters.
Rule Type
Permanent.
Finding/Nature of Emergency (Emergency Rule Only)
Not applicable.
Detailed Description of the Objective of the Proposed Rule
The proposed rule would make non-substantive housekeeping changes to sections of
NR 19, 20, 21, 22, 23, 25, and 26, relating to the regulation of fishing. The goal is to ensure the rule language that governs fishing in inland, outlying, and boundary waters is accurate and properly reflects the desired management of Wisconsin waters. The rule is in response to recent legislative changes and to the interests of the public and both Law Enforcement and Fisheries Management staff. The objectives are to:
□ add language to respond to newly created statutory language,
□ remove sections of code that are outdated or have been replaced by other statute or code changes,
