Owners and operators of food processing plants and food warehouses who choose to pursue the tax credits in sections
71.07 (3rm)
,
71.28 (3rm)
, and
71.47 (3rm)
of the Statutes, for modernizing or expanding those facilities.
Reporting, bookkeeping and other procedures required for compliance with the rules.
An application form prescribed by the Department must be completed and submitted to the Department.
Types of professional skills necessary for compliance with the rules.
No new professional skills are necessary for compliance with the rules.
Rules have a significant economic impact on small businesses.
No.
Environmental Analysis
The Department has considered the environmental impact of the proposed rules. In accordance with chapter Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.
Fiscal Estimate
Assumptions used in arriving at fiscal estimate
Although the rules will newly result in review of documentation relating to certifying applicants as eligible to then claim allocated tax credits for investments in food processing plants and food warehouses, the number of these reviews and allocations is expected to be too small to result in significant changes in the Department's costs for administering its business development programs. Therefore, the proposed rules are not expected to have any significant fiscal effect on the Department.
The proposed rules are not expected to impose any significant costs on the private sector, because the rules address only voluntary submittal of documentation relating to tax credits for investments in food processing plants and food warehouses.
State fiscal effect
No state fiscal effect.
Local government fiscal effect
No local government costs.
Long-range fiscal implications
None known
.
Agency Contact Person
Steven Sabatke
Wisconsin Department of Commerce
Bureau of Business Finance and Compliance
P.O. Box 7970, Madison, WI 53707-7970
Telephone: (608) 267-0762
Notice of Hearing
Natural Resources
Fish, Game, Forestry, Recreation, Chs. NR 1—
DNR # WM-22-10(E)
NOTICE IS HEREBY GIVEN that pursuant to ss.
29.014
,
29.041
,
29.197
,
227.11 (2) (a)
, and
227.24 (4)
Stats., the Department of Natural Resources will hold a public hearing on emergency rules to revise Chapter
NR 10
, Wis. Adm. Code, relating to the 2010 migratory game bird seasons and waterfowl hunting zones. This emergency order took effect on September 1, 2010.
Hearing Information
Date and Time:
|
Location:
|
Tuesday
October 26, 2010
2:00 p.m.
|
State Natural Resources Office
Building, Room 608
101 South Webster Street
Madison, WI
|
Pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Scott Loomans at (608) 267-2452 with specific information on your request at least 10 days before the date of the scheduled hearing.
Copies of Rule and Submittal of Written Comments
The proposed rules and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov
. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Kent Van Horn, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707 or by email to
kent.vanhorn@wisconsin.gov
. Comments may be submitted until
October 26, 2010
. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Mr. Van Horn.
Analysis Prepared by Department of Natural Resources
Statutes interpreted
Statutory authority
Plain language analysis
Section 1 of this rule order establishes the season length and bag limits for the 2010 Wisconsin migratory game bird seasons. For ducks, the state is divided into two zones each with 60-day seasons. The season begins at 9:00 a.m. September 25 and continues for 60 consecutive days in the north, closing on November 23. In the South the season begins at 9:00 a.m. on October 2 and continues through October 10, followed by a 5-day split, and then reopens on October 16 and continues through December 5. The daily bag limit is 6 ducks including no more than: 4 mallards, of which only 1 may be a hen, 3 wood ducks, 2 scaup, 2 redheads, 2 pintails, 1 black duck and 1 canvasback,.
For Canada geese, the state is apportioned into 3 goose hunting zones: Horicon, Collins and Exterior. Other special goose management subzones within the Exterior Zone include Brown County and the Mississippi River. Season lengths are: Collins Zone - 65 days (three hunting periods, September 16 – October 3, October 4 – 24, October 25 – November 19); Horicon Zone - 92 days (2 hunting periods, first period beginning September 16 and the second on November 1); Exterior Zone in the northern duck zone - 85 days (Sept. 18 – Dec. 11); Exterior Zone in the southern duck zone – 85 days (Sept. 18 – Oct. 10 and Oct. 16 – Dec. 16) and Mississippi River subzone - 85 days (Oct. 2 – Oct. 10 and Oct. 16 – Dec. 30). The statewide daily bag limit for Canada geese in all zones is 2 birds per day during the open seasons within the zones.
Section 2 establishes the youth waterfowl hunting season dates.
Comparison with federal regulations
Under international treaty and Federal law, migratory game bird seasons are closed unless opened annually via the U.S. Fish and Wildlife Service (USFWS) regulations process. As part of the Federal rule process, the USFWS proposes a duck harvest-management objective that balances hunting opportunities with the desire to achieve waterfowl population goals identified in the North American Waterfowl Management Plan (NAWMP). Under this harvest-management objective, the relative importance of hunting opportunity increases as duck populations approach the goals in the NAWMP. Thus, hunting opportunity would be maximized when the population is at or above goals. Other factors, such as habitat, are considered.
In the past, the regular Canada goose season was based on the allowable Mississippi Valley Population (MVP) harvest which was determined based on the spring breeding population estimate obtained from an aerial survey of the MVP breeding range as prescribed by the Mississippi Flyway MVP management plan. However, because locally produced giant Canada geese now constitute a considerable portion of the harvest in all states that also harvest Mississippi Valley Population birds, the Mississippi Flyway Council (MFC) is testing the use of a standard season framework for 5 years. Beginning in the fall of 2007 and continuing through 2011, season lengths and bag limits for each MVP harvest state will remain unchanged. Each state retains the flexibility to schedule the timing of their Canada goose season. In addition, if the MVP spring population numbers dropped to a predetermined low level during the 5-year period, the stable season framework would be adjusted.
All proposed modifications included in this rule order are consistent with these parameters and guidelines which are annually established by the USFWS in
50 CFR 20
.
Comparison with rules in adjacent states
Since migratory bird species are managed under international treaty, each region of the country is organized in a specific geographic flyway which represents an individual migratory population of migratory game birds. Wisconsin along with Minnesota, Michigan, Illinois and Iowa are members of the Mississippi Flyway. Each year the states included in the flyways meet to discuss regulations and guidelines offered to the flyways by the USFWS. The USFWS regulations and guidelines apply to all states within the Flyway and therefore the regulations in the adjoining states closely resemble the rules established in this rule order, and only differ slightly based on hunter desires, habitat and population management goals. However, these variations fall within guidelines and sideboards established by the USFWS.
Summary of factual data and analytical methodologies:
For the regular duck season, a data based process called Adaptive Harvest Management is used annually by the USFWS and the Flyways to determine which of 3 framework alternatives best matches the current year's data on populations and habitat (data from the spring pond and duck survey). The option of a closed season is also possible if survey conditions indicated that this is necessary for the management of duck populations. The determination of which alternative is selected is based in part on the spring wetland conditions on the breeding grounds and the Mid-Continent Mallard population. These data come from the May Pond and Breeding Waterfowl Population Surveys conducted by the USFWS and Canadian Wildlife Service on traditional survey areas as well as surveys from select states, including Wisconsin.
Wisconsin's regular Canada goose season harvest consists of close to a 50:50 ratio between resident giant and MVP population Canada geese. As a result, the parameters of Wisconsin's regular goose seasons are guided by the Mississippi Flyway management plans for the MVP and giant Canada goose populations and approved by the Mississippi Flyway Council and the USFWS. The health of these populations was measured with spring breeding population surveys, survival data and harvest rates obtained from banding and production studies. The surveys and studies are conducted annually and are supported by the State of Wisconsin as part of the MFC. The result of this work is reviewed annually by the MFC committee and the USFWS to measure the impact of the stable season framework trial period.
The primary elements of Wisconsin's waterfowl regulatory process include conducting spring waterfowl surveys, participation in MFC meetings, commenting on federal proposals, and soliciting input from the public. The state process begins with Flyway meetings in February and March each year where staff provide input to the development of federal framework alternatives and requests related to the early seasons. In spring and summer, breeding waterfowl surveys and banding are conducted in support of the regulatory process.
In early July, staff conducted a public meeting to solicit input from interest groups, including representatives of the Conservation Congress Migratory Committee. At this meeting staff provided the attendees with breeding status information and asked for items that they wish the department to pursue at the MFC meeting in mid July. Department staff then attended the MFC Technical and Council meetings. At these meetings, staff was provided status information and the proposed framework alternative from the USFWS. Department staff then worked with the other states in our Flyway to develop proposals and recommendations that were voted on by the MFC. Proposals that passed at the MFC meeting were forwarded to the USFWS for consideration by the Service Regulations Committee (SRC) at their meeting. The SRC recommended its final waterfowl season framework on July 30 and it was announced on August 2. Department staff summarized waterfowl status and regulation information for Wisconsin citizens and presented this information to the Migratory Committee of the Conservation Congress and at a public meeting (Post-Flyway Meeting) of interest groups and individuals on July 31. Staff gathered public input at these meetings regarding citizen suggestions for the development of Wisconsin's waterfowl regulations given the federal framework. Public hearings were held on the permanent version of this rule order from August 2 through 5 around the state to solicit additional input.
Analysis and supporting documents used to determine effect on small business
These rules, and the legislation which grants the department rule making authority, do not have a significant fiscal effect on the private sector or small businesses. Additionally, no significant costs are associated with compliance to these rules.
Small Business Impact
These rules are applicable to individual sportspersons and impose no compliance or reporting requirements for small businesses, nor is any design or operational standards contained in the rule.
Pursuant to s.
227.114
, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses.
Environmental Analysis
The Department has made a determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch.
NR 150
, Wis. Adm. Code.
Fiscal Estimate
Assumptions used in arriving at fiscal estimate
This proposed migratory bird season rule is similar to the season in previous years and will not result in any significant changes in spending or revenue. There are no new government costs anticipated due to the provisions of this rule.
State fiscal effect
No state fiscal effect.
Increase costs — May be possible to absorb within agency's budget.
Local government fiscal effect
No local government costs.
Long-range fiscal implications
None.
Agency Contact Person
Kent Van Horn, Staff Specialist
PO Box 7921
101 S. Webster Street, WM/6
Madison, WI 53707-7921
Phone: ( 608) 266-8841
Natural Resources
Fish, Game, Forestry, Recreation, Chs. NR 1—
DNR # ER-35-10, ER-37-10(E)
NOTICE IS HEREBY GIVEN that pursuant to ss.
23.09 (2)
,
29.604
,
227.11 (2)
and
227.24
, Stats., the Department of Natural Resources will hold public hearings on the emergency and permanent rule proposals to list four cave bat species as threatened in s.
NR 27.03 (3)
, Wis. Adm. Code. The hearings will be held concurrently with hearings to list the fungus,
Geomyces destructans
, as a prohibited invasive species in s.
NR 40.04 (2)
, Wis. Adm. Code.
Hearing Information
The hearings will begin at
11:00 am
at the locations listed below. Following a brief informational presentation, public comments and statements will be accepted.
October 25, 2010
Conference Room 1
DNR Oshkosh Service Center
625 E. County Rd Y
Oshkosh
October 26, 2010
Glaciers Edge and Gathering Waters
Rooms
DNR South Central Region Hdqrs.
3911 Fish Hatchery Road
Fitchburg
October 28, 2010
Room 185
DNR West Central Region Hdqrs.
1300 W. Clairemont
Eau Claire
October 29, 2010
Conference Room 1
DNR Northern Region Hdqrs.
107 Sutliff Avenue
Rhinelander
Pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Stacy Rowe at (608) 266-7012 with specific information on your request at least 10 days before the date of the scheduled hearing.
Copies of Proposed Rule and Submittal of Written Comments
The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov
. Written comments on the proposed rule may be submitted via U.S. mail to Ms. Stacy Rowe, Bureau of Endangered Resources, P.O. Box 7921, Madison, WI 53707 or by email to
stacy.rowe@wisconsin.gov
. Comments may be submitted until November 1, 2010. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Ms. Rowe.
Analysis Prepared by Department of Natural Resources
Statutes interpreted
In promulgating this rule, s.
227.11 (2) (a)
, Wis. Stats., has been interpreted as allowing the department the authority to create and amend rules. Section
29.604 (3)(b)
, Wis. Stats., has been interpreted as allowing the department the authority to create and amend the list of Wisconsin's endangered and threatened species, NR 27.03, Wis. Adm. Code.
Statutory authority
The state statutes that authorize the promulgation of this rule include ss.
29.604
and
227.11
, Wis. Stats.
Explanation of agency authority
These sections grant rule-making authority for the establishment of an endangered and threatened species list to the department.
Related statute or rules
Section
29.604 (3)
, Wis. Stats., requires the Department to establish an endangered and threatened species list. Chapter
NR 27
, Wis. Admin. Code, provides the list of endangered and threatened species.
Plain language analysis
The proposed changes to Ch.
NR 27
, Wis. Adm. Code, will add the four cave bat species in Wisconsin to the Wisconsin threatened species list. The four species include the little brown bat (
Myotis lucifugus
), big brown bat (
Eptesicus fuscus
), northern long-eared bat (
Myotis septentrionalis
), and eastern pipistrelle (
Perimyotis subflavus
).
Comparison with federal regulations
Although several species of cave bats are listed federally by the United States Fish and Wildlife Service (USFWS), we are not aware of any listings that have occurred specifically due to white-nose syndrome. However, USFWS has received a petition to list two cave bat species due to white-nose syndrome and is in the process of reviewing the petition.
Comparison with rules in adjacent states
Vermont, New York and Massachusetts are in the process of listing several cave bat species due to white-nose syndrome. The Minnesota Department of Natural Resources has recently proposed the little brown bat (
Myotis lucifugus
) and big brown bat (
Eptesicus fuscus
) as species of special concern because of the eminent threat of white-nose syndrome in the state. The other two species of cave bats in Minnesota, northern long-eared bat (
Myotis septentrionalis
) and eastern pipistrelle (
Perimyotis subflavus
) are already listed as species of special concern in Minnesota.
Summary of factual data and analytical methodologies
The proposed emergency rule is related to the addition of Wisconsin's four cave bat species to the state's threatened species list. The four species include the little brown bat (
Myotis lucifugus
), big brown bat (
Eptesicus fuscus
), northern long-eared bat (
Myotis septentrionalis
), and eastern pipistrelle (
Perimyotis subflavus
).
The proposed rule change seeks to provide protection to Wisconsin cave bat species, which face the imminent threat of white-nose syndrome. White-nose syndrome has spread across 14 states and 2 Canadian provinces in the last 3 years, spreading up to 800 miles per year. Mortality rates of affected bat colonies reach 100%. The disease was located last spring within 225 miles of Wisconsin's southern boarder and 300 miles from the northern boarder. Because the known dispersal distance of the little brown bat is 280 miles, an affected cave is now located within the dispersal range of Wisconsin little brown bats. Based on the current location and known rate of spread of the disease, we anticipate the presence of white-nose syndrome in Wisconsin as early as January 2011.
Wisconsin has one of the highest concentrations of cave bat hibernacula in the Midwest and large numbers of cave bats from neighboring states hibernate in Wisconsin. Consequently, Wisconsin's cave bat population, and those of surrounding states, is threatened by this devastating disease. All Wisconsin bat species are among the species fatally affected by the white-nose syndrome.
Cave bats were assessed for changes in population condition, using the following triggers established by the Bureau of Endangered Resources:
1.
Significant change in the Natural Heritage Inventory State Rank since 1997
2.
Significant change in the Natural Heritage Inventory Global Rank since 1997
3.
Change in United States Endangered Species Act status since 1997
4.
Is there a need for immediate protection (i.e., new threat)
5.
Change in other statuses, e.g., International Union for Conservation of Nature (IUCN), Convention on International Trade in Endangered Species (CITES)
6.
New data on population condition available
7.
Recommended for listing/delisting since 1997
8.
Taxonomic change
9.
For currently listed species, have recovery goals been met
All four cave bat species met triggers #1 and #4, and the little brown bat also met trigger #7 (recommended for listing by stakeholders), therefore indicating the need for the emergency rule change.
Listing these species before white-nose syndrome has been detected in Wisconsin will allow the Department time to work collaboratively with stakeholders to ensure that appropriate conservation measures are developed and in place. Because of the speed of white-nose syndrome, the Department would not have time to develop appropriate conservation measures if listing were delayed until after white-nose syndrome was detected in Wisconsin.
Analysis and supporting documents used to determine effect on small business
None.
Small Business Impact
Pursuant to s.
227.114
, Stats., it is not anticipated that the proposed rule will have a significant economic impact on small businesses.
Affected constituencies include commercial caves and mines, private cave and mine owners, recreational cavers, wildlife rehabilitators, animal control operators, the agricultural industry, the conservation community, wind utilities, WI Department of Transportation (WDOT) and homeowners. Concerns will likely include how listing the bats will affect current activities. Many of these potential concerns will be addressed through a broad incidental take permit/authorization and voluntary agreements so that the listing does not have a significant economic impact on a substantial number of small businesses.
A broad incidental take permit/authorization would be created, as provided for under s.
29.604
, Wis. Stats. The broad incidental take permit/authorization would allow for the incidental taking of state listed cave bats that may occur as a result of specific public health concerns, bat removals, building demolitions, forestry activities, bridge demolitions, miscellaneous building repairs and wind energy development projects (see the "Broad Incidental Take Permit/Authorization for Cave Bats" attachment for more information). Some take of bats may still occur as a result of these activities, however take will be minimized by following specific minimization measures and the department has concluded that the projects covered under this permit are not likely to jeopardize the continued existence and recovery of the state population of these bats or the whole plant-animal community of which they are a part; and has benefit to the public health, safety or welfare that justifies the action. This incidental take permit/authorization is only needed when a bat is present or suspected to be present (e.g., Natural Heritage Inventory report of bats in the area, evidence of bat presence).
Environmental Analysis
The Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch.
NR 150
, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
Fiscal Estimate
Assumptions used in arriving at fiscal estimate
State fiscal effect
The proposed rule package will require time by DNR staff to prepare the rule and administer rule hearings. Endangered Resources review staff will likely see an increase in time associated with the listing of bats. There will be an increase in the time associated with incidental take permits. It is assumed there will not be a significant increase in staff time, and that this time can be covered by existing appropriations. Staff at the Public Service Commission and the Office of Energy will see an increase in staff time associated with issues surrounding bats and wind farms. These agencies will also see an increase in time associated with incidental permits. It is assumed there will not be a significant increase in staff's time at these agencies.
Local government fiscal effect
It is assumed there will be minimal cost increases to local governments as a result of this rule change. As an example of these minimal costs, local public works departments will need to distribute new local construction permits to include the listing of bats.
Private sector fiscal effect
It is assumed the Department will be issuing a broad incidental take permit associated with the listing. Many private companies such as pest control operators and construction companies will be covered under this broad incident take permit. The impact to wind farms will be determined by the location. Depending on the impact to bats, wind farms may be required to report damages to bats or to perform a determined mitigation.
State fiscal effect
Indeterminate. Increase Costs — May be possible to absorb within agency's budget.
Local government fiscal effect
Indeterminate. Increase Costs — Permissive.
Types of local governmental units affected
Towns, Villages, Cities, Counties.
Agency Contact Person
Erin Crain, EIM Section Chief
PO Box 7921
101 S. Webster Street, ER/6
Madison, WI 53707-7921
Phone: (608) 267-7479
Natural Resources
Fish, Game, Forestry, Recreation, Chs. NR 1—
DNR # IS-42-10(E) and IS-41-10
NOTICE IS HEREBY GIVEN that pursuant to ss.
23.09 (2)
,
23.22
,
227.11 (2)
and
227.24
, Stats., the Department of Natural Resources will hold public hearings on the emergency and permanent rule proposals to list the fungus,
Geomyces destructans
, as a prohibited invasive species in s.
NR 40.04 (2)
, Wis. Adm. Code. The hearings will be held concurrently with hearings to list four cave bat species as threatened in s NR 27.03 (3), Wis. Adm. Code.
Hearing Information
The hearings will begin at
11:00 am
at the locations listed below. Following a brief informational presentation, public comments and statements will be accepted.
October 25, 2010
Conference Room 1
DNR Oshkosh Service Center
625 E. County Rd Y
Oshkosh
October 26, 2010
Glaciers Edge and Gathering Waters
Rooms
DNR South Central Region Hdqrs.
3911 Fish Hatchery Road
Fitchburg
October 28, 2010
Room 185
DNR West Central Region Hdqrs.
1300 W. Clairemont
Eau Claire
October 29, 2010
Conference Room 1
DNR Northern Region Hdqrs.
107 Sutliff Avenue
Rhinelander
Pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Ms. Rowe at (608)266-7012 with specific information on your request at least 10 days before the date of the scheduled hearing.
Copies of Proposed Rule and Submittal of Written Comments
The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov
. Written comments on the proposed rule may be submitted via U.S. mail to Ms. Stacy Rowe, Bureau of Endangered Resources, P.O. Box 7921, Madison, WI 53707 or by email to
stacy.rowe@wisconsin.gov
. Comments may be submitted until
November 1, 2010
. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Ms. Rowe.
Analysis Prepared by Department of Natural Resources
Statutes interpreted
Statutory authority
Explanation of agency authority
The principal authority for the department's invasive species rules is s.
23.22 (2) (a)
and
(b) 6.
, Stats., which requires the department to establish a statewide program to control invasive species in this state and directs the department to promulgate rules to identify, classify and control invasive species for purposes of the program, which may include procedures and requirements for issuing permits to control invasive species. In order to fulfill this broad duty, the department adopted ch.
NR 40
to provide it with all of the tools that are required to control invasive species, wherever found in the state, including regulation of the possession, transportation, transfer and introduction of specific invasive species, general preventive measures designed to restrict pathways by which humans commonly spread or introduce invasive species, authority to enter property in order to inspect, survey and control invasive species, and authority to recover the state's costs when it must carry out necessary control measures because responsible parties do not comply with department orders to control invasives themselves.
Section
23.11 (1)
, Stats., delegates to the department such further powers as may be necessary or convenient to enable it to exercise the functions and perform the duties required of it by ch.
23
, Stats., and by other provisions of law.
Invasive species have caused environmental and economic damage and threaten human health, and will continue doing so unless adequate control measures are adopted and implemented. The general legislative delegation to the department of all necessary or convenient powers set out in s.
23.11 (1)
, Stats., combined with the broad directive in s.
23.22 (2) (a)
and
(b) 6.
, Stats., to control invasive species in this state give the department sufficient power to adopt and revise as needed rules for the protection of public health, safety, welfare and the environment, but particularly for the promotion of public welfare, convenience and general prosperity. The department's exercise of legislatively delegated police powers, as embodied in its invasive species rules, has its basis in the inherent power and duty of government to protect and promote the life, comfort, safety and welfare of society.
Section
23.09 (2) (intro)
, Stats., grants the department general authority to adopt rules for the protection, development and use of forests, fish and game, lakes, streams, plant life, flowers and other outdoor resources in this state. Section
23.091
, Stats., authorizes the department to acquire, develop, operate and maintain state recreation areas, to establish use zones within state recreation areas providing for the full range of recreational uses, including hunting and fishing, and to promulgate rules to control uses within zones and limit the number of persons using any zone. Section
23.11 (1)
, Stats., gives the department the authority to have and take the general care, protection and supervision of all state parks, of all state fish hatcheries and lands used therewith, of all state forests, and of all lands owned by the state or in which it has any interests.
Section
23.28 (3)
, Stats., prohibits the department from allowing any use of a designated state natural area which is inconsistent with or injurious to its natural values, and authorizes the department to establish use zones, control uses within a zone and limit the number of persons using zones in designated state natural areas. Section
27.01 (2) (j)
, Stats., grants the department authority to promulgate rules necessary to govern the conduct of state park visitors, and for the protection of state park property, or the use of facilities, including the use of boats and other watercraft on lakes or rivers within the limits of a state park, and the use of roads, trails or bridle paths.
Section
29.039 (1)
, Stats., authorizes the department to develop conservation programs to ensure the perpetuation of nongame species, require harvest information and establish limitations relating to taking, possession, transportation, processing and sale or offer for sale, of nongame species. "Nongame species" is defined as any mammal, bird, fish, or other creature of a wild nature endowed with sensation and the power of voluntary motion that is living in the wild and that is not classified as a game fish, game animal, game bird or furbearing animal.
Section
227.11 (2) (a)
, Stats., expressly confers rulemaking authority on the department to promulgate rules interpreting any statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of the statute. The department considers the rules created by this Order to be necessary to effectuate the purposes of s.
23.22
, Stats.
Plain language analysis
The proposed changes to ch.
NR 40
, Wis. Adm. Code, will add the fungus,
Geomyces destructans
, to the list of prohibited invasive species, allowing the department to effectively manage its spread and limit human transport.
Existing rules ban the transportation (including importation), possession, transfer (including sale) and introduction of invasive species that are listed or identified as "prohibited", with certain exceptions. Transportation, possession, transfer and introduction without a permit are exempt if the department determines that the transportation, possession, transfer or introduction was incidental or unknowing, and was not due to the person's failure to take reasonable precautions. Existing rules authorize the department to enter property with the permission of the owner or person in control of the property and, if permission cannot be obtained, to seek an inspection warrant from the Circuit Court. Entry is only for the purpose of inspection, sampling or control of prohibited invasive species.
The current rules also allow the department to enter into consent orders with persons who own, control or manage property where prohibited invasive species are present to implement approved control measures, and to issue unilateral orders for control purposes unless the person was not responsible for the presence of the prohibited invasive species. If a control order is not complied with and the department undertakes control measures, the current rules allow for cost-recovery by the department for the expenses it incurred.
Related statute or rule
Related statutes or rules include but are not limited to the following provisions which, to varying degrees, may apply to the identification, classification, control or other regulation of species that are invasive, or to conduct that may result in the introduction or spread of invasive species:
Statutory section
Title [or subject]
15.347 (18)
Invasive species council.
23.24
Aquatic plants.
29.011
Title to wild animals.
29.604
Endangered and threatened species protected.
29.614
Scientific collector permit.
29.885
Removal of wild animals.
29.924
Investigations; Searches.
30.07
Transportation of aquatic plants and animals;
placement of objects in navigable waters.
94.01
Plant inspection and pest control authority.
94.02
Abatement of pests.
94.03
Shipment of pests and biological control
agents; permits.
94.69
Pesticides; rules.
169.04
Possession of live wild animals.
169.06
Introduction, stocking, and release of wild
animals.
169.07
Exhibition of live wild animals.
169.08
Propagation of wild animals.
169.10
Sale and purchase of live wild animals.
169.11
Harmful wild animals.
Comparison with federal regulations
We are not aware of any existing or proposed federal regulations that would list the fungus,
Geomyces destructans
, as an invasive species.
Comparison with rules in adjacent states
Wisconsin appears to be unique in taking the approach of listing the fungus, Geomyces destructans, as an invasive species; we are not aware of any other states or provinces that have taken similar actions. We don't know of any other states that have a similar mechanism — an invasive species rule — for listing the fungus. We are also not aware of any existing or proposed federal regulations that would list the fungus, Geomyces destructans, as an invasive species.
Summary of factual data and analytical methodologies
White-nose Syndrome (WNS) is a disease responsible for unprecedented mortality in cave hibernating bats and is identified by the white fungus (
Geomyces destructans
) that grows on the nose, ears, and muzzle and/or wing membrane. Infected bats exhibit atypical behavior, such as daytime activity during winter hibernation, which rapidly depletes stored energy reserves. Wing damage and emaciation are also common.
WNS has been documented in fourteen states and two Canadian provinces, is spreading rapidly from the first affected sites (up to 800 miles per year). The speed at which WNS is spreading necessitates immediate action on the part of the department to list the white-nose fungus as a prohibited invasive species. Based on the current location and known rate of spread of the disease, it is likely that WNS will reach Wisconsin as early as January 2011.
This rule was developed with the assistance of the Bureaus of Endangered Resources and Legal Services and with input from the Wisconsin Council on Invasive Species (Council). The Bureau of Endangered Resources prepared an Issue Brief for the Council, which provided background on white-nose syndrome, the extent and serious nature of the threat of the disease to Wisconsin's cave bats, and the need for listing
Geomyces destructans
as a prohibited invasive species.
Analysis and supporting documents used to determine effect on small business
None.
Small Business Impact
Pursuant to s.
227.114
, Stats., it is not anticipated that the proposed rule will have a significant economic impact on small businesses.
Affected constituencies include commercial caves and mines, private cave and mine owners, recreational cavers, property owners, the agricultural industry, and the conservation community. Concerns will likely include how listing the fungus will affect current activities. Many of these potential concerns may be addressed through cost-sharing, technical support, and education provided by the department. Examples include: reviewing proposed research proposals and issuance of scientific research licenses, cost-sharing for installation of bat gates and other conservation actions, providing cave closure signage and decontamination protocols, and providing locations of caves that may be used for recreational caving activities (where bats are known to have been excluded).
Under NR 40, the department may ask any person who owns, controls, or manages property where a prohibited species is present to control the prohibited species in accordance with a plan approved by the department. While a person who owns, controls or manages property where a prohibited species is present is responsible for controlling the prohibited species that exists on the property, the department will seek funds to assist in the control of prohibited species. Therefore, conducting control measures will not necessarily result in a cost to commercial cave operators. Additionally, commercial caves will have the option to exclude bats from their cave(s) with the help of the department, allowing them to remain open for tourism, and resulting in no loss of tourism dollars.
Under s.
227.19 (3m)
, Wis. Stats., a final regulatory flexibility analysis is not required.
Environmental Analysis
The Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch.
NR 150
, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
Fiscal Estimate
Assumptions used in arriving at fiscal estimate
State fiscal effect
The proposed rule package will require time by DNR staff to prepare the rule and administer rule hearings. In addition, once the rule is implemented DNR staff time associated with NR 40 will require increased surveillance and treatment. It is assumed all of the increased time will be possible to absorb within the Department's current budget.
Local fiscal effect
It is assumed there will be no increase in local government costs associated with this rule.
Private sector fiscal impact
Once the rule is implemented, there will be no costs to private land owners to follow invasives law. As with the existing law, if private land owners do not allow DNR on their land or if they intentionally move the invasive species, there will be an associated penalty cost if NR 40 is not followed.
State fiscal effect
Indeterminate.
Local government fiscal effect
None.
Agency Contact Person
Erin Crain, EIM Section Chief
PO Box 7921
101 S. Webster Street, ER/6
Madison, WI 53707-7921
Phone: (608) 267-7479
Natural Resources
Fish, Game, Forestry, Recreation, Chs. NR 1—
DNR # PR-36-10
NOTICE IS HEREBY GIVEN that pursuant to ss.
27.01 (2) (c)
and
(j)
,
23.09 (2) (d) 10.
and
12.
, and
27.01 (10) (f)
, Stats., the Department of Natural Resources (Department) will hold a public hearing on revisions to Chapters
NR 1
and
45
, Wis. Adm. Code, relating to the management of Department-owned lands purchased for the Ice Age and North Country Trails.
The authority proposed in this rule is necessary in order to facilitate the development and management of properties purchased by the Department for the Ice Age and North Country Trails. This proposal would repeal and recreate s.
NR 1.29
, Wis. Adm. Code, to allow the Department to authorize some basic management activities on properties prior to writing and implementing a Department master plan. This proposal would also help to guide master planning on these properties. The proposed rules guide and permit management such as selective timber harvest, invasive species removal, installation of the Ice Age and North Country trails, and establishment of minor support facilities and amenities like small gravel parking lots and informational kiosks. The rule does not require that these activities occur. This rule change gives the department the ability to be significantly more responsive in managing State Ice Age trail areas.
This proposal also modifies a section of s.
NR 45.10
to allow camping along the Ice Age and North Country Trails for long-distance hikers.
Hearing Information
Date and Time:
|
Location:
|
November 3, 2010
6:00 p.m.
|
DNR South Central Region
Hdqrs.
3911 Fish Hatchery Road
Fitchburg, WI
|
Pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Brigit Brown at (608) 266-2183 with specific information on your request at least 10 days before the date of the scheduled hearing.
Copies of Proposed Rule and Submittal of Written Comments
The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov
. Written comments on the proposed rule may be submitted via U.S. mail to Ms. Brigit Brown, Bureau of Parks and Recreation, P.O. Box 7921, Madison, WI 53707. Comments may be submitted by email to
brigit.brown@wisconsin.gov
. Comments on the proposed rule must be received on or before
November 5, 2010
. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings.. A paper copy of the proposed rule and fiscal estimate may be obtained from Ms. Brown.
Analysis Prepared by Department of Natural Resources
Statutes interpreted
Sections
27.01 (2) (c)
,
(j)
and
(10) (f)
,
23.09 (2) (d) 10.
and
12.
, Stats., have been interpreted as providing the department with the authority to make these changes to provide guidance and direction on the management and development of lands for the Ice Age and North Country Trails.
Statutory authority and Explanation of agency authority
The statute that authorizes the promulgation of this rule order is s.
27.01 (2) (c)
(j)
, Stats. (in addition to the general authority under ss.
227.10
and
227.11
, Stats). This section grants rule making authority to the department to establish rules governing properties. Further, s.
23.09 (2) (d) 10.
and
12.
, Stats. authorizes purchase of lands by the department for the Ice Age Trail and North Country Trails, s.
27.01 (2) (c)
, Stats., instructs the department to plan for these properties, s.
23.17 (4)
, Stats., authorizes the development of department lands for the Ice Age Trail, and s.
27.01 (10) (f)
, Stats., allows the department to waive camping fees. All rules promulgated under this authority are subject to review under ch.
227
, Stats.
Related statute or rule
There are no state rules or statutes currently under promulgation that directly relate to the provisions that are proposed in this administrative order.
Plain language rule analysis
The Bureau of Parks and Recreation recommends promulgating administrative rules that modify a section of s.
NR 1.29
related to management of lands purchased for the Ice Age and North Country Trails.
Currently, there are no rules to specifically guide the management and development of this classification of land.
These rules would provide property managers and other department staff guidance on the management of lands purchased for the Ice Age and North Country trails. The proposed rules guide and permit some management of these lands such as selective timber harvest, invasive species removal, installation of the Ice Age and North Country trails, and minor support facilities and amenities such as small parking lots and informational kiosks.
The Bureau of Parks and Recreation also recommends promulgating administrative rules that modify a section of s.
NR 45.10
to allow camping along the Ice Age and North Country Trails for long-distance hikers.
Comparison with federal regulations
These state rules will help to carry out federal conditions placed on lands purchased for the Ice Age and North Country Trails using federal funds.
Comparison with rules in adjacent states
These rule change proposals do not represent significant policy changes and, when comparisons can be made, do not differ significantly from surrounding states. The Ice Age Trail is unique to Wisconsin and does not have a counterpart in surrounding states. Michigan and Minnesota manage the North Country Trail in a similar manner to what is being proposed.
Summary of factual data and analytical methodologies
The department owns approximately 75 properties which would be affected by this proposed rule. The rule would allow the department and trail partners to proceed with development and management of these properties and to ensure appropriate public access in accordance with the intended use of the properties.
Small Business Impact
These rules are applicable only to state properties and impose no compliance or reporting requirements for small businesses, and no design or operational standards are contained in the rule.
Pursuant to s.
227.114
, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses.
Environmental Analysis
The Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch.
NR 150
, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
Fiscal Estimate
Assumptions used in arriving at fiscal estimate
State fiscal effect
The rule does not impose new requirements on the Department to perform work on these properties but would allow for increased flexibility to perform certain management activities where funds and available labor exist. Currently, much of this work is being done, or is proposed to be done by external partners, the Ice Age Trail Alliance and volunteers.
At this time, the special permission needed to perform management work on these properties requires Department staff time to develop the request for submittal to agency management. With these rules in place, that staff time would be decreased and could result in greater efficiencies at the program level.
Local fiscal effect
These properties are wholly managed by the Department; consequently their approval would have no local fiscal effect. By increasing the ability to perform management of these properties to provide basic facilities (constructed trail, parking lot, e.g.), there may be an increase in use of these properties which may benefit local economies.
Anticipated private sector costs
These rules, and the legislation which grants the department rule making authority, do not have a significant fiscal effect on the private sector. Additionally, no significant costs are associated with compliance to these rules.
State fiscal effect
Indeterminate.
Local government fiscal effect
None.
Fund sources affected
GPR, FED, SEG-S.
Affected Ch.
20
appropriations
Long-range fiscal implications
None. New properties will be able to be managed to basic standards upon purchase.
Agency Contact Person
Brigit Brown
101 South Webster Street
PO Box 7921, Madison, WI 53707-7921
Phone: (608) 266-2183
Notice of Hearing
University of Wisconsin System
NOTICE IS HEREBY GIVEN that pursuant to s.
36.30
, Stats., the Board of Regents of the University of Wisconsin System will hold a public hearing to consider rules to amend sections
UWS 19.01
and
19.03
, Wis. Adm. Code, relating to accrual and use of sick leave by faculty, academic staff, and limited appointees of the University of Wisconsin System.
Hearing Information
Date and Time:
|
Location:
|
Thursday
November 4, 2010
9:00 a.m.
|
Room 1920, Van Hise Hall
UW-Madison Campus
1220 Linden Drive
Madison, WI
|
Persons with disabilities requesting an accommodation to attend are asked to contact Jane S. Radue in advance of the hearing at (608) 262-2324.
Copies of Proposed Rule
Copies of the text of the proposed rule may be obtained at no charge from Jane S. Radue, Secretary, Board of Regents, 1860 Van Hise Hall, 1220 Linden Drive, Madison, Wisconsin 53706; e-mail:
jradue@uwsa.edu
.
Submittal of Written Comments
Comments may be submitted to: Jane S. Radue, Secretary, Board of Regents, 1860 Van Hise Hall, 1220 Linden Drive, Madison, Wisconsin 53706; E-mail:
jradue@uwsa.edu
. The deadline for written comments is 4:30 p.m. on
November 3, 2010.
Analysis Prepared by the Board of Regents of the University of Wisconsin System
Statutes interpreted
Statutory authority
Explanation of agency authority
Section
36.30
, Stats., authorizes the Board to promulgate rules regulating sick leave for University of Wisconsin System faculty, academic staff, and employees holding positions under section
20.923 (4g)
and
(5)
, Stats.
Related statutes or rules
Summary of proposed rule
The proposed rule would amend Ch.
UWS 19
, Wis. Adm. Code, to change the sick leave reinstatement period for unclassified employees who leave and then return to employment in the UWS from three to five years to be consistent with the current policy for classified staff. The proposed rule also would make a non-substantive correction to the definition of "sick leave" to conform to the federal Family and Medical Leave Act which has changed since Ch.
UWS 19
was promulgated.
Comparison with federal regulations
There are no existing or proposed federal regulations for summary and comparison.
Comparison with rules in adjacent states
There are no comparable rules in other states.
Summary of factual data and analytical methodologies
There were no factual data or analytical methodologies used to develop the proposed rules.
Analysis and supporting documents used to determine effect on small business
The proposed rules affect only faculty and academic staff of the University of Wisconsin System. They have no effect on small business.
Agency Contact Person
Christopher L. Ashley, Senior System Legal Counsel
UW System Administration, 1808 Van Hise Hall
1220 Linden Drive, Madison, WI 53706
Telephone: (608) 262-3662
