Permanent and emergency.
1. Finding/Nature of Emergency (Emergency Rule Only)
The Department of Natural Resources (Department) finds that an emergency rule is needed to promote the preservation and protection of public peace, health, safety, and welfare in the Ceded Territory of Wisconsin by minimizing regional social and economic disruption associated with reductions in walleye bag limits on off-reservation waters. Pursuant to treaties signed between the six Wisconsin bands of Lake Superior Ojibwe and the United States and affirmed by Lac Courte Oreilles v Voigt,
700 F. 2d 341 (7th Cir. 1983), the bands have the right to harvest fish from off-reservation waters using efficient methods such as spearing and netting. The current model of reducing angling bag limits in response to annual tribal declarations to ensure a sustainable walleye harvest has become increasingly unpredictable in recent fishing seasons, and angling harvest management may be better accomplished with a stable set of regulations that achieve results similar to annual bag limit adjustments.
Authority to promulgate an emergency rule under this scope will provide the Department with the flexibility necessary to adjust angler regulations to potentially alleviate and minimize regional social and economic disruption associated with reductions in walleye bag limits on off-reservation waters within the Ceded Territory.
2. Detailed Description of the Objective of the Proposed Rule
The proposed rules would allow emergency and permanent changes for making adjustments to fishing regulations in the Ceded Territory to allow more flexibility in responding to tribal declarations and harvest levels. Currently these regulations are prescribed in ss.
NR 20.18,
20.20,
20.36,
20.37, and
23.055, Wis. Adm. Code. In particular, the Department may consider comparable alternatives to bag limit adjustments such as size limit or season adjustments.
Additional rule changes may be pursued which are reasonably related to those discussed here.
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 proposed rules would make modifications to portions of chs.
NR 20 and
23, Wis. Adm. Code, pertaining to sport fishing regulations on inland and border waters of Wisconsin. These changes are proposed to protect and enhance the State's fish resources.
Current administrative code requires the Department to make changes to angler bag limits for walleye in lakes named for harvest by any of the Chippewa Bands. These bag limit adjustments are designed to prevent exceeding 35% exploitation of individual walleye fisheries by joint tribal and angler harvest. Angler bag limit reductions are designed to accommodate the intended amount of tribal harvest.
Factors affecting expected tribal harvest in 2015 and beyond are currently uncertain and the Department requests approval to consider rule alternatives to bag limit reductions which could accomplish similar controls on angler harvest to preserve a sustainable walleye fishery
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.
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
Licensed sport anglers.
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 sport fishing in Wisconsin's waters.
8. Anticipated Economic Impact of Implementing The Rule
The proposed rule change would impact sport anglers. Changes in angling regulations enacted to accommodate declared, expected, or realized tribal harvest could potentially alleviate and minimize regional social and economic disruption known to be associated with reductions in walleye bag limits on off-reservation waters within the Ceded Territory. Exact economic impact of the rule is unknown, but positive impact is expected for businesses or business associations by virtue of more predictable, stable angling regulations.
9. Anticipated Number, Month, and Locations of Public Hearings
The Department anticipates holding two public hearings in summer 2015. Hearing cities will be: Madison and Minocqua. If possible, hearings will be combined for the emergency and permanent rules.
The Department will hold these hearings in these locations to gather input from sport anglers and tribal interests.
Contact Person
Revenue
This statement of scope was approved by the governor on November 11, 2014.
Rule No.
Relating to
The apportionment of Wisconsin apportionable income of interstate brokers-dealers, investment advisers, investment companies, and underwriters.
Rule Type
Permanent.
1. Detailed Description of the Objective of the Proposed Rule
The department's objective is to evaluate other methods of assigning gross receipts from the sale of “trading assets" to Wisconsin in s.
Tax 2.495 for purposes of computing the amount of income apportioned to Wisconsin for interstate brokers-dealers, investment advisers, investment companies, and underwriters.
“Trading assets" includes securities, commodities, and related financial instruments that a taxpayer acquires and holds for sale in its inventory account.
2. Description of Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Existing policies for assigning the income of interstate brokers-dealers, investment advisers, investment companies, and underwriters to Wisconsin are set forth in the rules. Specifically, s.
Tax 2.495 assigns gross receipts from the sale of trading assets to Wisconsin based on where the day-to-day decisions regarding the trading assets occur. If the day-to-day decisions occur in more than one state, the gross receipts are assigned to Wisconsin if the trading policies and guidelines are established in Wisconsin. There is a rebuttable presumption that the trading policies and guidelines are established at the taxpayer's commercial domicile.
The department will evaluate other methods of assigning gross receipts from the sale of trading assets to Wisconsin for purposes of computing the amount of income apportioned to Wisconsin for interstate brokers-dealers, investment advisers, investment companies and underwriters.
3. Detailed explanation of Statutory Authority tor the Rule (Including the Statutory Citation and Language)
Sections
71.04 (8) (c) and
71.25 (10) (c), Wis. Stats., require the department to promulgate rules for apportioning income of specialized industries, specifically “The net business income of railroads, sleeping car companies, car line companies, pipeline companies,
financial organizations, telecommunications companies, air carriers, and public utilities requiring apportionment shall be apportioned pursuant to rules of the department of revenue, but the income taxed is limited to the income derived from business transacted and property located within the state."
Section
227.11 (2) (a), Wis. Stats., provides “[e]ach 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..."
4. 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 it will take approximately 100 hours to develop the rule.
5. List with Description of all Entities that may be Affected by the Proposed Rule
Brokers-dealers, investment advisers, investment companies, and underwriters.
6. 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
There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
7. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
It is the department's intent that any new methods of assigning gross receipts from the sale of “trading assets" to Wisconsin in s.
Tax 2.495 for purposes of computing the amount of income taxable to Wisconsin will not have a significant economic impact on any interstate broker-dealer, investment adviser, investment company, underwriter or small business.
Contact Person
Dale Kleven, (608) 266-8253.
Safety and Professional Services —
Examining Board of Professional Geologists, Hydrologists and Soil Scientists
This statement of scope was approved by the governor on October 20, 2014.
Rule No.
Chapters
GHSS 1 (revise) and
6 (create).
Relating to
Continuing education for professional geologists, hydrologists, and soil scientists.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A
2. Detailed Description of the Objective of the Proposed Rule
The legislature granted rulemaking authority to the Board to establish continuing education requirements that a person credentialed by the Board must satisfy to be able to renew a credential. The objective of the proposed rule is to create continuing education requirements.
3. Description of Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Currently continuing education is not required for professional geologists, professional hydrologists and professional soil scientists. The industry is changing with new technologies and continuing education for the professions credentialed by the Board would ensure their professional competency.
The alternative is to not require continuing education and have professionals practicing in the field without education in the current standards of practice of the profession.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
15.08 (5) (b) Each examining board shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains, and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the particular trade or profession.
470.03 (2) Upon the advice of the appropriate section of the examining board, the examining board may promulgate rules that establish continuing education requirements that a person must satisfy to be eligible to renew a license that is issued under this chapter.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
80 hours
6. List with Description of all Entities that may be Affected by the Proposed Rule
Licensed professional geologists, professional hydrologists, and professional soil scientists.
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
None
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
None to minimal. It is not likely to have a significant economic impact on small businesses.
Contact Person
Sharon Henes, Administrative Rules Coordinator, (608) 261-2377
Safety and Professional Services —
Marriage and Family Therapy, Professional Counseling and Social Work Examining Board
This statement of scope was approved by the governor on October 20, 2014.
Rule No.
