Multi-species and law enforcement proposals: - See PDF for table PDF
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 general policy behind fishing regulations is to protect and enhance fish populations while providing diverse fishing opportunities throughout the State. That policy will be continued and enhanced by these rule changes. Based on the management goals for individual waters and species, the department 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.
Not making the proposed rule changes would result in less than optimal management of fish populations in the waterbodies and reduced fishing opportunities for resident and visiting anglers. However, existing regulations would remain in place to provide some level of continued protection of fish resources.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section 23.09 (2) (c), Stats., provides that the department may designate fish refuges to secure the perpetuation and adequate supply of any species of fish and provide safe retreats in which fish may breed and replenish adjacent fishing waters.
Section 23.22 (2), Stats., directs the department to establish a statewide program to control invasive species, which are nonindigenous species whose introduction causes or is likely to cause economic or environmental harm or harm to human health. The department created ch. NR 40, Wis. Adm. Code, that lists several species of Asian carp as prohibited invasive species.
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 29.053 (2), Stats., provides that the department may establish conditions governing the taking of fish for the state as a whole, for counties or parts of counties, or for waterbodies or parts of waterbodies. It also allows the department to establish a fishing season on specified bodies of water in certain urban areas to allow fishing only by persons who are under 16 years old or who are disabled, as specified in s. 29.193 (3) (a), (b), or (c), Stats.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
Approximately 250 hours
6. 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 department works to notify the public of new regulations via press releases, the internet, and fishing regulations pamphlets.
The proposal to require that Asian carp are dead and unrevivable before transporting in or through Wisconsin would affect fish haulers from other states and potentially commercial fishers in Wisconsin if Asian carp numbers increase. There is only a small number of Asian carp in Wisconsin waters so far and this proposal is intended to keep it that way by educating fishers and haulers on safe methods for transporting the invasive species.
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
Authority to promulgate fishing regulations is granted to states. None of the proposed changes 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)
It is not expected that there will be any economic impact or change 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 purpose of the rule is to help maintain 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 by the rule. The proposed rule does not impose any 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. Minimal to no economic impact. (Level 3)
9. Anticipated Number, Month, and Locations of Public Hearings
The department anticipates holding 72 public hearings in the month of April 2015. The rule will be available for public review and comments at the 2015 Fish and Wildlife Spring Hearings held on the second Monday of April 2015.
The department will hold these hearings in these locations to get statewide public input on all proposals. The draft list of questions that will be on the Spring Hearings questionnaire will be provided to the Natural Resources Board in January 2015.
Contact Person
Kate Strom Hiorns, Fisheries Policy Specialist, 608-266-0828.
Public Instruction
Revised Statement of Scope
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.
This scope statement takes the place of SS 111-13 (revises Chapter PI 26) and SS 114-13 (creates Chapter PI 49); both scope statements were published in the September 14, 2013, Wisconsin Administrative Register No. 693.
Rule No.
Chapter PI 26 (revise).
Relating to
Academic and career planning and education for employment plans and programs.
Rule Type
Permanent.
1. Finding/Nature of the Emergency (Emergency Rule Only)
N/A.
2. Detailed Description of the Objective of the Proposed Rule
Pursuant to s. 121.02 (1) (m), Stats., school districts are required to provide education for employment programs that are approved by the state superintendent. The Department of Public Instruction (DPI) promulgated ch. PI 26 to administer this requirement. Beginning in the 2017-18 school year, school districts will also be required to provide academic and career planning services under s. 115.28 (59), Stats. The DPI is required to promulgate rules to implement this new requirement.
The proposed rule will update ch. PI 26 to implement the new academic and career planning requirements. The proposed rule will connect school districts' Education for Employment Plans and Programs to the new academic and career planning requirements.
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
Connecting school districts' Education for Employment Plans and Programs with the new academic and career planning initiative will increase efficiency and effectiveness.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
121.02 School district standards
(1) Except as provided in s. 118.40 (2r) (d), each school board shall:
(m) Provide access to an education for employment program approved by the state superintendent. Beginning in the 1997-98 school year, the program shall incorporate applied curricula; guidance and counseling services under par. (e); technical preparation under s. 118.34; college preparation; youth apprenticeship under s. 106.13 or other job training and work experience; and instruction in skills relating to employment. The state superintendent shall assist school boards in complying with this paragraph.
115.28 General duties. The state superintendent shall:
(59) ACADEMIC AND CAREER PLANNING.
(a) Ensure that, beginning in the 2017-18 school year, every school board is providing academic and career planning services to pupils enrolled in grades 6 to 12 in the school district.
(b) Procure, install, and maintain information technology, including computer software, to be used statewide by school districts to provide academic and career planning services to pupils in grades 6 to 12.
(c) Provide guidance, training, and technical assistance to school districts and school district staff, including teachers and counselors, on how to implement model academic and career plans, including training and technical assistance that is necessary to implement the information technology under par. (b).
(d) Promulgate rules to implement this subsection.
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 indeterminate.
6. List with Description of all Entities that may be Affected by the Proposed Rule
This rule change will affect school districts.
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
Agency Contact
Bureau for Policy and Budget
Attn: Katie Schumacher
608-267-9127 or katie.schumacher@dpi.wi.gov.
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Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.