Modifications to chs.
NR 11 and
15 will likely be needed to update cross references with ch.
NR 10 which will be modified significantly. Although the report did not recommend changes to these chapters of administrative code, additional modifications to these chapters may be made if that assists with regulations simplification or improvement of hunting opportunities.
Ch.
NR 12 related to Wildlife Damage and Nuisance Control
Modifications to ch.
NR 12 will likely be needed to update cross references with ch.
NR 10 which will be modified significantly. Although the report did not recommend significant structural changes to the damage program, additional modifications to this chapter may be made if that assists with regulations simplification or improvement of hunting opportunities.
Ch.
NR 13 related to Chippewa Treaty Rights Participants
Chapter
NR 13 is intended to regulate off-reservation treaty rights of treaty rights participants recognized by
Lac Courte Oreilles Band v. Voigt,
700 F. 2d 341 (7th Cir. 1983). Modifications to ch.
NR 13 will likely be needed to update numerous cross references with ch.
NR 10, which will be modified significantly.
Ch.
NR 19 related to Miscellaneous Fur, Fish, Game and Outdoor Recreation
Modifications to ch.
NR 19 will likely be needed to update cross references with ch.
NR 10, which will be modified significantly. This section also contains regulations for feeding of wild animals and white-tailed deer related provisions which are not directly related to the report. Additional modifications to the chapter may be made if that assists with regulations simplification or improvement of hunting opportunities.
Ch.
NR 45 related to the Use of Department Properties
Modifications to ch.
NR 45 will likely be needed to update cross references with ch.
NR 10, which will be modified significantly. The report did not recommend specific changes to this chapter of administrative code. However, many regulations in this chapter apply to deer hunters who are using department managed lands. Additional modifications to this chapter may be made if that assists with regulations simplification or improvement of hunting opportunities.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Department authority to conduct a variety of habitat and wildlife management activities is established in ss.
23.09 (2) (b),
(d), and
(h),
(k) and
(km), and
(p), Stats. These sections authorize rulemaking related to deer and deer habitat management and: plans and priorities for conservation, game refuges, cooperative forest protection, research, resources inventory, and disease control. These sections authorize many of the existing provisions of chs.
NR 1 (Natural Resources Board Policy), 11 (closed areas), 15 (game refuges), and 45 (use of department properties).
The department's ability to promulgate emergency rules to implement recommendations of the deer trustee report is established in non-statutory provisions of 2013 ACT 20. Specifically included in emergency rule authority is the ability to establish bonus antlerless deer permit fees and to establish a deer management assistance program. Additionally, the department is given authority to promulgate emergency rules that will implement recommendations of the assessment of this state's deer management plans and policies under s.
29.40 Stats. These emergency rules can remain in place until permanent rules are implemented. The department is not required to make a finding of emergency.
The primary authority to establish hunting regulations for deer and other species is established in s.
29.014, Stats. This section directs the department to establish and maintain open and closed seasons, bag limits, size limits, rest days, and other conditions for the taking of game that conserves the game supply and provides citizens with good hunting opportunities. This section authorizes many of the existing provisions of chs.
NR 8 (license and permit procedures), 10 (game and hunting), and 19
(Miscellaneous Fur, Fish, Game and Outdoor Recreation).
The wildlife damage and nuisance program and rulemaking authority are established in s.
29.889 (2) (b), Stats., which directs the department to establish rules for program eligibility and funding, methods of abating damage, forms and procedures, prorating claims, and record keeping, audits and inspections. This is the authorizing legislation for much of ch.
NR 12 related to wildlife damage.
The department's ability to establish fees for participation in the deer management assistance program is established in s.
29.020 (2), Stats.
Rules related to Chippewa treaty rights (ch.
NR 13) are promulgated under general authority to establish hunting regulations in s.
29.014, Stats., and these rules are the department's interpretation of how laws must be interpreted or limited in order to comply with the general limitations on state regulatory authority expressed in Lac Courte Oreilles v. State of Wisconsin,
668 F. Supp. 1233 (W.D. Wis. 1987) and the specific limitations expressed in the regulatory phase of the Voigt litigation. (See e.g., Lac Courte Oreilles v. State of Wisconsin,
707 F. Supp. 1034 (W.D. Wis. 1989)).
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The department estimates that emergency and permanent rule and program development will require the equivalent of 5 full time staff people, or 10,400 hours. This estimate includes developing new deer management programs in addition to time spent specifically on rule promulgation.
6. List with Description of all Entities that may be Affected by the Proposed Rule
White-tailed deer affect nearly every Wisconsin resident in some way. Many of these effects are significant from a recreational, economic, and/or social perspective. A wide variety of groups and individuals will be interested in this proposed rule. Some groups include: Wisconsin Conservation Congress, Great Lakes Indian Fish and Wildlife Commission, Wisconsin Farm Bureau Federation, Wisconsin Deer Hunters Assn., The Nature Conservancy, Whitetails Unlimited, Wisconsin Bowhunters Assn., Wisconsin County Forest Association, Wisconsin Woodland Owners Assn., Quality Deer Management Association, Rocky Mountain Elk Foundation, and the Sierra Club.
Groups registered to lobby the Wisconsin legislature within the last year, many registered specifically on these rules, include: Wisconsin Bear Hunter's Assoc., White-tails of Wisconsin, Safari Club International — Wisconsin Chapters, WI-Force, Wisconsin Wildlife Federation, National Rifle Assoc. of America, and the Assoc. of Wisconsin Snowmobile Clubs.
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
Federal regulations allow states to manage the wildlife resources located within their boundaries provided they do not conflict with regulations established in the Federal Register. None of these rule changes violate or conflict with the provisions established in the Federal Code of Regulations.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to have a Significant Economic Impact on Small Businesses)
Agencies are exempted from the requirement to prepare an economic impact analysis for emergency rules under s.
227.137 (5), Stats.
For similar or potentially identical emergency rules which the department is also promulgating, the department estimates that the economic impact will be moderate. Pursuant to
2011 Executive Order 50, the department will facilitate a 30 day period for comment on a draft economic impact analysis. The comment period will be held in late summer, 2013.
Contact Person
Scott Loomans, (608) 267-2452.
Public Instruction
Per the Dane County Circuit Court order issued in Coyne, et al. v. Walker, et al., Case No. 11-CV-4573, the Department of Public Instruction is not required to obtain the Governor's approval for this statement of scope.
Rule No.
Relating to
High School Equivalency Diplomas and Certificates of General Educational Development.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A
2. Detailed Description of the Objective of the Proposed Rule
Chapter
PI 5 governs the issuance of high school completion credentials by the State Superintendent, which includes the General Educational Development (GED) Test and the High School Equivalency Diploma (HSED). This rule change is designed to align the rule with changes in the GED Test. The current rule references the number of subtests and the passing scores for the GED, which will be changing in January 2014, when a new test is implemented by GED Testing Service. Additionally, technical changes are needed to align the rule with statute.
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
This rule change is designed to align the rule with changes in the GED Test and with current statute.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
115.29 General powers. The state superintendent may:
(4) High school graduation equivalency. (a) Grant declarations of equivalency of high school graduation to persons, if in the state superintendent's judgment they have presented satisfactory evidence of having completed a recognized high school course of study or its equivalent. The state superintendent may establish the standards by which high school graduation equivalency is determined. Such standards may consist of evidence of high school courses completed in high schools recognized by the proper authorities as accredited, results of examinations given by or at the request of the state superintendent, successful completion of correspondence study courses given by acceptable correspondence study schools, a general educational development certificate of high school equivalency issued by an agency of the U.S. government, course credits received in schools meeting the approval of the state superintendent or other standards established by the state superintendent.
(b) Promulgate rules establishing fees for issuing a declaration of equivalency of high school graduation or a general educational development certificate under par. (a). The rules may provide exemptions from the fees based on financial need.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The amount of time needed for rule development by department staff and the amount of other resources necessary are minimal.
6. List with Description of all Entities that may be Affected by the Proposed Rule
Testing and preparation sites authorized by the state superintendent to administer the GED Test may be affected by the proposed rule, including technical colleges, community based organizations, correctional institutions and high schools throughout Wisconsin.
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
N/A
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
The proposed rules will have no significant economic impact on small businesses, as defined in s.
227.114 (1), Stats.
9. Contact Person
Bureau for Policy and Budget
Attn: Katie Schumacher
Public Instruction
Per the Dane County Circuit Court order issued in Coyne, et al. v. Walker, et al., Case No. 11-CV-4573, the Department of Public Instruction is not required to obtain the Governor's approval for this statement of scope.
Rule No.
Relating to
Children At Risk Plan and Program.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A
2. Detailed Description of the Objective of the Proposed Rule
The proposed rule change will modify s.
PI 25.05 to align it with the statutory change made in
2011 Wisconsin Act 32, which removed the statutory limitation on the number of children at risk a school district may contract with private agencies to provide services for.
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
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
118.153 Children at risk of not graduating from high school.
(7) The state superintendent shall promulgate rules to implement and administer this section. The rules shall not be overly restrictive in defining approved programs and shall not serve to exclude programs that have demonstrated success in meeting the needs of children at risk.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The amount of time needed for rule development by department staff and the amount of other resources necessary are minimal.
6. List with Description of all Entities that may be Affected by the Proposed Rule
This rule change should not affect any entity since this is only a technical change to align the rule with statutes.
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
N/A
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
The proposed rules will have no significant economic impact on small businesses, as defined in s.
227.114 (1), Stats.
9. Contact Person
Bureau for Policy and Budget
Attn: Katie Schumacher
