The Blanding's turtle is a long-lived species that is slow to mature. Life spans may exceed 75 years and individuals may not reach sexual maturity for 14-25 years. Adult females are most at risk for collection because they are easier to locate, as they nest in open areas like fields and roadways, and may receive a higher price in the pet trade. Inherently, losses of adult females have a greater long-term impact on the population. It may be difficult for populations to recover from these losses.
Internationally, there is concern for this species. In 2013, the United States Fish and Wildlife Service proposed addition of the Blanding's turtle to The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) list because of the increasing trend in the pet trade internationally:
http://www.fws.gov/international/cites/cop16/blandings-turtle.html. The IUCN/SSC Tortoise and Freshwater Turtle Specialist Group identified the elimination of commercial collecting as an immediate conservation need for this species worldwide:
http://www.iucn-tftsg.org/emydoidea-blandingii-015/.
Since 1979, when the Blanding's turtle was added to the threatened list, there has not been a pet trade industry for this species in the state. Regionally, the Blanding's turtle is state protected in Illinois, Iowa, and Minnesota. In Michigan, Blanding's turtles cannot be taken or possessed except as authorized by the Director of the Department of Natural Resources.
Given the population-age structure of the species, the impact of collection may be severe enough to place the Blanding's turtle's long term survival in the state in jeopardy, causing the species to be considered for addition back to the state's endangered and threatened species list. The proposed rule changes will continue similar possession and collection limits that the Blanding's turtle receives on the State's Threatened list. As such, minimal controversy is anticipated.
The emergency and permanent rules both contemplate the following changes: add Blanding's turtle to the list of Wild Protected Animals (s.
NR 10.02); add Blanding's turtles to the Captive Wildlife — Reptile/Amphibian Possession Exemptions [s.
NR 16.12 (3) (b)]; and add Blanding's turtles to the turtle season/limits with a season/limit of none/zero on ss.
NR 19.275 (4),
21.13 (4), and
22.13 (4). Permanent rule-making procedures will not allow the establishment of these proposed rule changes before the start of the 2014 open season for turtles. The impact of collection and harvest to Blanding's turtle conservation necessitates putting the emergency rule into effect during the 2014 open season for turtles while the agency complies with the permanent rule making procedures.
The permanent rule only will also contemplate performing housekeeping on scientific and common names of several plant and animal species, Federal Protection Status on administrative rules ss.
NR 10.02,
16.12,
19.275,
21.13,
22.13, and ch.
NR 27, and other related rules listing native plant and animal species. 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 emergency and permanent rules both contemplate the following changes: add Blanding's turtle to the list of Wild Protected Animals [s.
NR 10.02]; add Blanding's turtles to the Captive Wildlife — Reptile and Amphibian Possession Exemptions [s.
NR 16.12 (3) (b)]; and add Blanding's turtles to the turtle season/limits with a season/limit of none/zero on ss.
NR 19.275 (4),
21.13 (4), and
22.13 (4).
The permanent rule only, will also contemplate performing housekeeping on scientific and common names, and Federal Protection Status on administrative rules 10.02, 16.12, 19.275, 21.13, 22.13, 27, and other related rules listing native plant and animal species.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Statutes that authorize the promulgation of these rules include: ss.
29.011,
29.014, and
29.039, Stats. These statutes establish management authority, provide that the title to wild animals is vested with the state, and provide the department with authority to maintain open and closed seasons and other regulations and programs to conserve game and nongame species. All rules promulgated under this authority are subject to review under ch.
227, Stats.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
160 hours.
6.List with Description of all Entities that may be Affected by the Proposed Rule
The proposed rule changes will continue similar possession and collection limits that the Blanding's turtle receives under the protections afforded to the species on Wisconsin's Threatened species list. The Blanding's turtle was added to the Threatened species list in 1979. As such, there has not been a market for its collection and possession since then.
No changes to the permitting process for researchers and rehabilitators are expected as part of this proposed rule change. As part of the administrative rule ER-27-11, researchers will need to apply for a Scientific Collectors Permit or Research License Authorization to collect or possess a Blanding's turtle instead of an Endangered and Threatened Species Permit.
The effect of this proposed rule will be minimal with few entities affected as collection and possession limits will not change. Interested parties may include individuals using turtles as bait or food, and the turtle pet/food trade.
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
There are no federal regulations that would be in conflict with this proposed action. In 2013, the United States Fish and Wildlife Service proposed addition of the Blanding's turtle to The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) list:
http://www.fws.gov/international/cites/cop16/blandings-turtle.html.
There are similar laws in other states. The Blanding's turtle is state protected in Illinois, Iowa, and Minnesota. In Michigan, Blanding's turtles shall not be taken or possessed except as authorized by the Director of the Department of Natural Resources.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
The Department estimates minimal economic impact as there has not been a market for this species in Wisconsin since 1979, when it was added to the Threatened species list. However, in the absence of this proposed emergency and permanent rule, development of a trade for Blanding's turtles collected in Wisconsin is expected.
9. Anticipated Number, Month, and Locations of Public Hearings
The Department anticipates holding 1 public hearing in the month of March, 2014. The hearing location will be the DNR office in Madison with remote participation at the DNR offices in Green Bay, Eau Claire, and Wausau. The Department will hold these hearings in these locations to allow for greater participation across the state and to effectively use staff time and resources.
10. Contact Person
Natural Resources
Environmental Protection — Air Pollution Control,
Chs.
NR 400—
(DNR # AM-32-13)
This statement of scope was approved by the Governor on September 24, 2013.
Rule No.
Relating to
Reporting, monitoring, and record-keeping requirements for stationary source owners or operators and additional changes of a clarifying or clean-up nature.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A.
2. Detailed Description of the Objective of the Proposed Rule
The Department proposes to initiate an evaluation of reporting, monitoring, and record-keeping requirements that apply to owners and operators of stationary sources, as that term is defined in s.
285.01 (41), Stats., with the objective of identifying opportunities, and then promulgating rules, to simplify, reduce, and increase the efficiency of those requirements, while remaining consistent with all applicable requirements under the Clean Air Act. The Department, in part, is required to initiate this rulemaking effort under s.
285.17 (4), Stats.
The Department is also proposing rulemaking of a clarifying or clean-up nature in the identified chapters. The Department may propose changes where existing rule language has been found to be unclear or susceptible to unintended interpretation. Changes of a clean-up nature are periodically necessary, for example, to correct errors in internal administrative code or statutory references, or to update references as a result of changes to federal regulations or reference test methods.
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 rulemaking will not affect existing policy or include any new policies. The Department did not prepare an analysis of policy alternatives since the proposed rulemaking is only intended to simplify, reduce, and increase the efficiency of certain requirements, or is of a clarifying or clean-up nature.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Sections
227.11 (2) (a) and
285.11 (1), Stats., provide general rulemaking authority to promulgate rules interpreting and implementing the provisions of ch.
285, Stats., which is enforced and administered by the Department. Section
285.11 (6), Stats., requires that the Department develop, and thereafter be responsible for the revision and implementation of, plans for the prevention, abatement, and control of air pollution in the state. Numerous chapters potentially affected by the proposed rulemaking have been submitted to the U.S. Environmental Protection Agency under the Clean Air Act and are part of these plans. These rules must conform to the Clean Air Act except as provided for in s.
285.11 (6), Stats. The Department does not believe these exceptions apply to the proposed rulemaking. Authority for rulemaking specific to reporting, monitoring, and recordkeeping is contained in s.
285.17, Stats. Section
285.17 (1) (a), Stats., establishes that the Department may by rule, after classifying air contaminant sources, require reporting for any of the classes. Similarly, s.
285.17 (2) (a), Stats., establishes that the Department may by rule require the owner or operator of an air contaminant source to monitor emissions or to monitor the ambient air in the vicinity of the source and to report the results of the monitoring to the Department. Section
285.17 (4), Stats., which became effective on July 2, 2013, and was created under
2013 Wisconsin Act 20, specifically directs the Department to evaluate reporting, monitoring, and record-keeping requirements imposed on owners or operators of stationary sources of air pollution that are required to have an operation permit under s.
285.60, Stats., but are not required to have an operation permit under the federal Clean Air Act. This statutory provision further directs the Department to promulgate rules to simplify, reduce, and increase the efficiency of these requirements.
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 anticipates that approximately 1,000 hours of state employee time will be needed to complete the promulgation process for this proposed rulemaking.
6. List with Description of all Entities that may be Affected by the Proposed Rule
Rule requirements for reporting, monitoring, and record-keeping are established based on a variety of factors including the pollutant involved and the amount being emitted, the units of the applicable emission limitation, whether emission control equipment is being used and the type of equipment, and the compliance demonstration method being used, to mention a few. Existing rules establish these requirements for a broad array of industrial source categories from small businesses involved in painting operations to major sources like paper mills and electric utilities. Any of these sources or source categories may potentially be affected by this proposed rulemaking.
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
Many of the Department's air pollution control rules, including those for reporting, monitoring, and record-keeping, are based on existing U.S. Environmental Protection Agency regulations or guidance or are required as part of Wisconsin's state implementation plan under the Clean Air Act. After an evaluation of reporting, monitoring, and record-keeping requirements has been completed, the Department will be able to identify those specific changes to be pursued to simplify, reduce, and increase the efficiency of these requirements. At that time, as part of the preparation of any proposed rules, the Department is required under s.
227.14 (2) (a) 3., Stats., to, and will be in a better position to, conduct this same comparison to relevant federal regulations. Any changes made under this proposed rulemaking will be consistent with all applicable requirements under the Clean Air Act.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to have a Significant Economic Impact on Small Businesses)
The Department assumes that the overall economic impact of implementing the proposed rules will be minimal to moderate and that the proposed rules will not have a significant impact on small businesses. Given the objectives of the proposed rulemaking as detailed in Section 2, the economic impact is expected to be positive. That is, the simplification, reduction, and increased efficiency of reporting, monitoring, and record-keeping rules, and the general clarification and correction of other rules should lead to cost savings for all sources affected by these requirements.
9. Anticipated Number, Month, and Locations of Public Hearings
Considerable time and effort will be required to complete, as proposed in this rulemaking, an evaluation of reporting, monitoring, and record-keeping requirements and to develop and consider opportunities to simplify, reduce, and increase the efficiency of these requirements. The Department will work with interested stakeholders in the evaluation and any subsequent rulemaking effort.
During the evaluation and rulemaking process, the Department will develop a more complete picture of those potentially affected by this effort. This will allow the Department to plan for an appropriate number of hearings as well as locations and timing for hearings.
10. Contact Person
Kristin Hart
(608) 266-6876
Safety and Professional Services
This statement of scope was approved by the Governor on September 20, 2013.
Rule No.
Relating to
Real estate appraiser requirements.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A.
2. Detailed Description of the Objective of the Proposed Rule
The purpose of the proposed rule is to bring current administrative code regulating appraisers in line with the federal policy generated by the Appraiser Qualifications Board (AQB). In addition, pursuant to Executive Order #61, the department will take this opportunity to review chs.
SPS 80 to
87 in order to discover ways to reduce the regulatory impact on small business as long as it does not result in non-compliance with AQB standards.
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
In December of 2011, the Appraiser Qualifications Board of the Appraisal Foundation adopted changes to the Real Property Appraiser Qualification Criteria. These changes will go into effect on January 1, 2015. This new criteria will impact education, experience, and examination requirements for licensed appraisers, certified general appraisers, and certified residential appraisers. As a result of the new federal policy, the department seeks to revise chs.
SPS 80 to
87. This is a federal mandate prompted by the Appraiser Qualifications Board. Since the AQB sets the minimum requirements for each state to implement and licensees must be AQB compliant in order to conduct federally related transactions, there is no alternative to rule making.
The Department will review chs.
SPS 80 to
87, pursuant to Executive Order #61, and look for ways to reduce the regulatory impact on small business in areas which do not impact AQB compliance.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
The Department of Safety and Professional Services has specific rule making authority pursuant to s.
227.11 (2) (a), Stats., which provides that, “each agency may promulgate rules interpreting the provisions of any statute enforced or administered by it
…" Section
444.03 (1), Stats., specifies, “the department may promulgate rules defining uniform procedures to be used by the department, [and] the real estate appraisers board..." In s.
458.03 (1) (b), Stats., the board may, “promulgate rules establishing criteria for the approval of educational and continuing educational programs and courses of study for appraisers and establishing criteria for the approval of the courses required under ss.458.06 (2) (d) and 458.08 (2) (d)."
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
125 hours.
6. List with Description of all Entities that may be Affected by the Proposed Rule
Licensed appraisers, certified residential appraisers, and certified general appraisers as well as applicants and individuals who hold these credentials.
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
Title XI Financial Institutions Reform, Recovery, and Enforcement Act of 1989 mandates that all state certified appraisers must meet the minimum education, experience, and examination requirements promulgated by the Appraisal Qualifications Board (AQB).
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to have a Significant Economic Impact on Small Businesses)
