- The department will normally follow an informal, stepped enforcement process in order to obtain compliance with invasive species rules. This involves informal discussions between department staff and the individual, landowner or company, notifying the person of potential violations and providing guidance on how to comply with the rules. Notices of non-compliance may follow if necessary. If normal enforcement is necessary, ch. NR 40 will be enforced by department conservation wardens, county district attorneys, and circuit courts through the use of citations and civil or criminal complaints. Civil and criminal enforcement may also be carried out by department referral of violations to the Wisconsin Attorney General, with prosecution and abatement actions in the circuit courts. Criminal enforcement will be limited to intentional violations. Finally, violations of the permits issued under ch. NR 40 also may be enforced by administrative permit revocation proceedings.Summary of Comments by Legislative Review CommitteesNo comments were reported.Natural ResourcesFish, Game, etc., Chs. NR 1—(DNR # IS-41-10)Revises Chapter NR 40 , relating to the listing of the fungus that causes white-nose syndrome in bats as an invasive species. Effective 6-1-11.Summary of Final Regulatory Flexibility AnalysisAffected 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 invasive species permits, 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 ch. 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 necessary 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.Summary of Comments by Legislative Review CommitteesNo comments were reported.Public InstructionRevises section PI 6.06 , relating to public library system audit requirements. Effective 6-1-11.Summary of Final Regulatory Flexibility AnalysisThe proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1) (a) , Stats.Summary of Comments by Legislative Review CommitteesNo comments were reported.Public InstructionRevises section PI 6.03 , relating to public librarian certification. Effective 6-1-11.Summary of Final Regulatory Flexibility AnalysisThe proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1) (a) , Stats.Summary of Comments by Legislative Review CommitteesNo comments were reported.TransportationRevises Chapter Trans 178 , relating to the Unified Carrier Registration System. Effective 6-1-11.Summary of Final Regulatory Flexibility AnalysisThe fees charged under federal law, federal regulation, and Unified Carrier Registration Agreement will affect some small businesses by increasing the amount of annual registration fee. The new fee schedule increases all fees by just less than 96%. These fees are established under federal law at 49 CFR 367.20 but may be revised annually by publication in the federal register. If Wisconsin does not charge these fees, small businesses that operate affected trucks and trailers outside this state will nevertheless be required to pay these same fees to other states.Summary of Comments by Legislative Review CommitteesNo comments were reported.
