•
Allow the department to enforce a reduced recreational daily bag limit for lake trout in Lake Superior if the recreational lake trout harvest exceeds a percentage of the total allowable harvest. Lake trout harvest limits are created for both commercial and recreational fishers in Lake Superior in order to manage the total population.
Additional rule changes may be pursued which are reasonably related to those discussed in this scope.
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 allowable lake trout harvests are reviewed by a state-tribal biological committee, using the latest available data and modeling results. Based on those results and recommendations from the biological committee, the Agreement is re-negotiated as needed to change the total annual harvest of lake trout by all fishers, and possibly to address other issues related to shared harvest of lake trout and other species by state and tribal fishers.
There has been a steady decline in lean lake trout abundance in Lake Superior since the early 2000s. This decline has been confirmed by independent surveys conducted by the Department and has been projected by models used to set safe harvest levels. Some level of decline was expected because of high harvest limits in the early 2000s, which were in response to several large year classes (numbers of fish spawned in the same year) predicted to enter the fishery. However, these year classes did not attain the abundance originally anticipated and, as a result, the overall lake trout population did not reach the levels previously expected. This combination of increased harvest and re-scaled estimates of lake trout abundance has caused actual lake trout abundance to decline. While relatively stable abundances of spawning lake trout suggest that this decline is still reversible, action needs to be taken to arrest the lean lake trout population's decline. The continued, persistent decline in lake trout population abundances and predicted further declines necessitate harvest reductions in order to ensure a sustainable lake trout fishery over the long-term.
Lake trout harvest limits were reduced by emergency rule for the 2012-13 open season. Rule alternatives are not being considered because the recommendations must be negotiated through the State-Tribal Lake Superior Agreement.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
The proposed rule amends the annual commercial fishing harvest limit for lake trout on Lake Superior, which is an “outlying water." Commercial fishing harvest limits are authorized under s.
29.014 (1), Stats., which directs the Department to establish and maintain any bag limits and 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
29.519 (1m) (b), Stats., grants discretion to the Department to establish commercial fish species harvest limits after giving due consideration to the recommendations made by the commercial fishing boards. It also specifies that the limitations on harvests must be based on the available harvestable population of fish and in the wise use and conservation of the fish, so as to prevent over-exploitation.
5. Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
Employees may spend up to 200 hours developing the emergency rule. It will require in-state travel to meet with tribal negotiators.
6. List with Description of all Entities that may be Affected by the Proposed Rule
•
State-licensed commercial fishers on Lake Superior
•
Recreational fishers on Lake Superior
•
Red Cliff Band of Lake Superior Chippewa
•
Bad River Band of Lake Superior Chippewa
State-licensed and tribal commercial fishers may be affected by the amount of fish they are able to harvest. It is not expected that fishers will have any compliance expenditures or reporting changes associated with the rule.
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
No federal regulations apply. None of the rule proposals violate or conflict with federal regulations.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
The rule may impact the commercial harvest of lake trout and other species by state-licensed and tribal commercial fishers. The total dockside value of the reported state commercial lake trout harvest in 2012 was approximately $20,000. Harvest is not expected to change by more than 15 percent. Therefore the impacted to the value of the lake trout fishery is not expected to exceed ±$3,000. However, this rule may also alter the amount of gill net effort commercial fishers can use to target whitefish since lake trout are frequently caught in the same nets. Changes in gill net effort therefore have the potential to cause commercial fishers additional income changes. The total dockside value of whitefish harvested by state commercial fishers using gill nets was approximately $155,000 in 2012. Harvest is expected to be modified by no more than 15 percent putting the total value adjustment at no more than ±$23,000 and likely less because fishers can shift to using trap nets that are not subject to the same effort restrictions governing gill nets. Moreover, commercial fishers can continue current efforts to adjust the location, time, and manner in which they set gill nets targeting whitefish so as to reduce harvest of non-target lake trout. The exact amount of economic impact is unknown, but is not expected to exceed $50,000.
9. Anticipated Number, Month and Locations of Public Hearings
The Department anticipates holding one public hearing in the month of December 2013. Hearing city will be: Bayfield.
The Department will hold the hearing in this location to collect public input on the proposed lake trout harvest quota.
10. Contact Person
Peter Stevens, Lake Superior Fisheries Supervisor, 715-779-4035 ext. 12.
Natural Resources
Environmental Protection — General, Chs.
NR 100—
(DNR # AM-28-13 and AM-29-13 (E))
This statement of scope was approved by the Governor on August 14, 2013.
Rule No.
Relating to
Stage 2 Vapor Recovery System Removal Grants.
Rule Type
Permanent and Emergency.
1. Finding/Nature of Emergency
The Department is requesting authority to begin both a permanent and an emergency rulemaking process to establish a grant program for the removal of stage 2 vapor recovery equipment at gasoline stations located in the counties of Kenosha, Kewaunee, Manitowoc, Milwaukee, Ozaukee, Racine, Sheboygan, Washington, and Waukesha.
Stage 2 vapor recovery equipment captures fuel vapors (volatile organic compounds or VOC) that have the potential to escape during refueling and returns them to an underground gasoline storage tank where they condense. Beginning with 1998 model year cars, the U.S. Environmental Protection Agency (EPA) phased in requirements for onboard (on the vehicle) refueling vapor recovery (ORVR) systems. These systems essentially serve the same purpose as stage 2 vapor recovery equipment at a gasoline station. On May 16, 2012, the U.S. EPA published a finding in the Federal Register that ORVR technology is in “widespread use" (77 FR 28772). They stated that “more than 75 percent of gasoline refueling nationwide occurs with ORVR-equipped vehicles, so stage 2 programs have become largely redundant control systems." The U.S. EPA also stated that the limited compatibility between ORVR and stage 2 vapor recovery equipment may ultimately result in an emissions increase. As such, the U.S. EPA authorized states to remove the requirements for stage 2 vapor recovery equipment from their ozone State Implementation Plans (SIPs).
This grant program will provide incentive to gasoline station owners and operators to remove their stage 2 vapor recovery equipment in a timely manner. Removal of this equipment will allow station owners and operators to avoid those costs associated with maintenance of the equipment that would otherwise be incurred. Timely removal will also hasten the avoidance of potential VOC emission increases cited by the U.S. EPA above.
2. Description of the Objective of the Proposed Rule
The proposed rule will establish a grant program for the removal of stage 2 vapor recovery equipment, as required by s.
285.31 (6) (b), Stats. For the purposes of the proposed rule, the term “remove" will be defined as proper decommissioning of stage 2 vapor recovery equipment, thereby removing it from service. A description of what constitutes proper decommissioning will be included as part of the proposed rule. In addition, the proposed rule will focus on the administration of the grant program, including which costs are eligible grant costs.
3. 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 U.S. EPA's ORVR widespread use finding authorized states to remove the requirement for stage 2 vapor recovery systems from their ozone SIPs. Wisconsin had stage 2 requirements codified in s.
NR 420.045, Wis. Adm. Code, that applied to gasoline stations located in the counties of Kenosha, Kewaunee, Manitowoc, Milwaukee, Ozaukee, Racine, Sheboygan, Washington, and Waukesha. However, s.
285.31 (5), Wis. Stats
., now states that this rule no longer applies. In response, the Department submitted a SIP revision to the U.S. EPA on November 12, 2012 to remove the state's stage 2 requirements from the ozone SIP. The U.S. EPA proposed approval of the requested SIP revision on June 11, 2013. The U.S. EPA has not yet issued the final approval, but that is expected soon.
The new policy associated with the proposed rulemaking is to establish a grant program for the removal of stage 2 vapor recovery equipment. There are no policy alternatives because s.
285.31 (6), Wis. Stats
., requires the Department to promulgate rules for a stage 2 vapor recovery equipment removal grant program.
4. Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
285.31 (6) of the Wisconsin Statutes requires the Department to implement rulemaking for the establishment of a stage 2 vapor recovery removal grant program. The statute reads as follows:
285.31 (6) VAPOR RECOVERY SYSTEM REMOVAL GRANTS. (a) The department shall administer a program to provide grants to owners and operators of retail stations for eligible costs incurred after April 15, 2012, to remove vapor control systems described in sub. (3) (a). The maximum grant under this subsection is 50 percent of eligible costs of removing a vapor control system from a retail station or $8,000, whichever is less. The department shall award grants under this subsection in the order in which applications are received.
(b) The department shall promulgate rules for the administration of the program under this subsection, including rules specifying which costs are eligible costs.
5. Estimate of the Amount of Time that State Employees will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
The Department estimates 700 hours of state employee time are needed for the development of the proposed permanent rule and an additional 300 hours of state employee time for the development of the proposed emergency rule.
6. Description of all Entities that may be Impacted by the Rule
There are 846 gasoline stations located in the counties of Kenosha, Kewaunee, Manitowoc, Milwaukee, Ozaukee, Racine, Sheboygan, Washington, or Waukesha that would be potentially eligible for grant funding as a result of this proposed rule.
7. Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
There is no comparable federal grant program for the removal of stage 2 vapor recovery equipment.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have an Economic Impact on Small Businesses)
The Department anticipates the proposed rule will have a positive moderate economic impact. The purpose of this proposed rule is to establish a grant program to provide economic assistance to gasoline stations to offset the costs of removing stage 2 vapor recovery equipment. One million dollars was allocated for the stage 2 vapor recovery system removal grant program as part of Wisconsin Act 20 (2013). Gasoline stations will be able to receive 50 percent of eligible costs of removing a vapor control system up to a maximum amount of $8,000. By removing the equipment affected gasoline station owners and operators will also avoid equipment maintenance costs. Station owners and operators could qualify as small businesses under s.
227.114 (1), Wis. Stats.
9. Anticipated Number, Month and Locations of Public Hearings
In accordance with s.
227.24 (4), Wis. Stats., the Department is required to hold a public hearing within 45 days after it promulgates the proposed emergency rule. The Department anticipates conducting one public hearing in Milwaukee in March of 2014 related to the emergency rule. In addition, the Department anticipates conducting another public hearing in Milwaukee in August of 2014 related to the proposed permanent rule.
10. Contact Person
Joseph Hoch — Bureau of Air Management
Wisconsin Department of Natural Resources
101 South Webster Street
Madison, WI 53707-7921
Phone: 608-267-7543,
Revenue
This statement of scope was approved by the Governor on August 2, 2013.
Rule No.
Relating to
Sales and use tax provisions.
Rule Type
Permanent.
1. Detailed Description of the Objective of the Proposed Rule
The objectives of the rule are (1) reflect law changes in
2013 Wisconsin Act 20, and (2) correct two errors in current rule provisions.
a. Custom farming services. Reflect the creation of s.
77.51 (2d), Stats., to provide that “custom farming services" includes services performed by veterinarians to farm livestock or work stock used exclusively in the business of farming. This requires updates to the provisions of ss.
Tax 11.12 and
11.61.
c. Health Insurance Risk-Sharing Plan Authority. Reflect the amendment to s.
77.54 (9) (a), Stats. Due to the dissolution of the Health Insurance Risk-Sharing Plan and Authority, the exemption for sales made to the authority is being rescinded. This requires updates to ss.
Tax 11.04 (1),
11.05 (4), and
11.49 (2) (b).
d.
Lump sum contracts. Reflect the creation of the exemption in sec. 77.54 (60), Stats. This provision exempts certain property sold by a contractor as a part of a lump sum contract and deems the contractor the consumer of such property, with exception. Amendments are needed to s.
Tax 11.68 (7) (b) and the examples following it.
e.
“Place of primary use." In s.
Tax 11.66 (1) (u), reflect the amendments to s.
77.522 (4) (a) 9., Stats., so the definition of “place of primary use" in the rule is the same as current law. Remove s.
Tax 11.66 (u) 1. and 2. as these are included in the amended definition.
f.
“Prepaid wireless calling service." In s.
Tax 11.66 (1) (x), reflect the amendments to s.
77.51 (10f), Stats., so the definition of “prepaid wireless calling service" in the rule is the same as current law.
g.
Printing exemptions. Reflect the creation of s.
77.54 (61), Stats. This requires updates to the provisions of s.
Tax 11.56.
h.
Property transferred incidentally with a taxable service. Amend the first note at the end of s.
Tax 11.48 and the first note at the end of s.
Tax 11.67 to reference s.
77.52 (21), Stats.
j.
Qualified research and animal raising. Reflect the repeal of s.
77.54 (57) (b) 1. and
2., Stats., the renumbering of s.
77.54 (57) (a) 1f., Stats., to s.
77.51 (1c), Stats., the renumbering of s.
77.54 (57) (a) 1m., Stats., to s.
77.51 (1d), Stats., the renumbering of s.
77.54 (57) (a) 4., Stats., to s.
77.51 (10rn), Stats., the amending of s.
77.54 (57) (a) 5.and
(b) 4., Stats., and the creation of s.
77.54 (57d), Stats. This requires updates to the provisions of s.
Tax 11.20.
