The State of Michigan has uniform trap net-marking requirements for all of its Great Lakes Waters (parts of Lakes Superior, Michigan, Huron, and Erie). Those net-marking requirements are similar but not identical to those proposed here for Wisconsin waters of Lakes Michigan and Superior.
The Michigan Department of Natural Resources and Environment has the authority to limit trap netting by individual license holders if and when conflicts arise. Pursuant to that authority the MDNRE prohibits trap nets during June, July, and August in one area near Tawas on Lake Huron.
Summary of factual data and analytical methodologies
SECTION 1 and 3 of the rule reflect an effort by the department to take steps to minimize the risk of conflicts between sport trollers and commercial trap nets. SECTION 2 and SECTION 4 modify net-marking requirements for Lake Superior and Lake Michigan. Those changes reflect the judgment of Fisheries and Law Enforcement staff following examination of Great Lakes accident data, discussions with appropriate sport and commercial advisory groups, and internal discussions. The rule was amended in response to public comment.
Analysis and supporting documentation that the agency used in determination of the rule's effect on small businesses
We know that small businesses engaged in commercial fishing and wholesale fish dealing may be affected by the rule. We currently have no basis for quantifying the economic impacts of the rule. However, in testimony at public hearings on the rule, Lake Michigan commercial fishers indicated that the time and area restrictions set out in the original version of the rule might have an impact on their catch, and thus have a negative economic impact. These and other comments are reflected in the changes made to the rule.
Effect on Small Business, Including How the Rule Will Be Enforced
This rule is of interest to commercial fishers and was initiated in response to the expressed concerns of recreational fishers. The impact on commercial fishers is discussed above.
The rule will be enforced by department Conservation Wardens under the authority of chapters 23 and 29, Stats., through routine patrols, record audits of wholesale fish dealers and commercial fishers and follow up investigations of citizen complaints.
Pursuant to s.
227.114
, Stats., it is not anticipated that the rule will have a significant economic impact on small businesses. Small businesses engaged in commercial fishing and wholesale fish dealing may be affected by the rule. However, the Department currently has no basis for quantifying the economic impacts of the rule.
Small business regulatory coordinator
Environmental Impact
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
State fiscal effect
No state fiscal effect.
Local government fiscal effect
No local government costs.
Agency Contact Person
William Horns
Department of Natural Resources
P.O. Box 7921
Madison, WI 53707-7921
Telephone: (608) 266-8782
Notice of Hearing
Natural Resources
Fish, Game, etc., Chs. NR 1—
(DNR # WM-15-11(E))
NOTICE IS HEREBY GIVEN that pursuant to sections
29.014
,
29.177
,
227.11
and
227.24
Stats., interpreting sections
29.014
,
29.177
, and
227.11
, Stats., the Department of Natural Resources will hold public hearings on an emergency rule to revise Chapter
NR 10
Wis. Adm. Code relating to deer hunting seasons and carcass tag use. The State Natural Resources Board adopted this emergency rule on April 27, 2011 in order to be able to implement the rule for the 2011 seasons.
Hearing Information
Date and Time
Location
June 28, 2011
Natural Resources State Office
Tuesday
Building (GEF-2), Room G09
at 2 P.M.
101 South Webster Street
Madison, WI 53703
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.
Submittal of Written Comments and Copies of Proposed Rule
The proposed rule and fiscal estimate may be reviewed at the following Internet site:
http://adminrules.wisconsin.gov
. A personal copy of the proposed rule and fiscal estimate may be obtained from Scott Loomans by email or U.S. mail. Written comments on the proposed rule may be submitted by email to
scott.loomans@wisconsin.gov
or via U.S. mail to Mr. Scott Loomans, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until June 29, 2011. 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.
Analysis Prepared by the Department of Natural Resources
Plain language analysis
The department recommends promulgating administrative rules that modify ch.
NR 10
related to the use and issuance of deer tags.
Section 1 allows the department to, upon order of the secretary, distribute antlerless deer permits for the cost of issuance in designated herd control units without holding a four-day, October antlerless firearm hunt in the same units.
Sections 2 through 4 establish that the department's existing earn-a-buck regulations for deer hunters in a CWD Management Zone do not apply to use of the archery and gun buck deer carcass tags that are issued with each archery and firearm deer hunting license.
Related statute or rule
There are no state statutes currently under promulgation that directly relate to the provisions that are proposed in this administrative order.
Federal regulatory analysis
These state rules and statutes do not relieve individuals from the restrictions, requirements and conditions of federal statutes and regulations. Regulating the hunting and trapping of native species has been delegated to state fish and wildlife agencies.
Comparison with similar rules in adjacent states
These rule change proposals do not represent significant policy changes and do not differ significantly from surrounding states. All surrounding states have regulations and rules in place for the management and recreational use of game species that are established based on needs that are unique to that state's resources and public desires.
Illinois:
The 2011 Illinois archery season in most of the state will run from October 1 - January 15 except that it is closed during the firearm deer season in some areas. Illinois has two periods for firearm deer hunting. The first firearm season in 2011 will be
November 18 - 20, and the second season is December 1 - 4. The Illinois muzzleloader only season will be December 9 – 11 in 2011. Illinois will hold a youth firearm deer season on October 8 and 9. Hunters may purchase any number of antlerless permits subject to availability in county quotas but are limited to purchasing only one prior to the beginning of random daily drawings in September
.
Iowa:
In 2010 Iowa had two archery hunting periods, the first October 1 - Dec. 3 and the second December 20 - January 10, 2011. Iowa also has two periods for firearm hunting, December 4 – 8 and December 11 – 19. Iowa's two muzzleloader only hunting periods are October 16 – 24 and December 20 - January 10. Iowa also held a deer season for youth and disabled hunters from September 18 to October 3. Iowa residents may purchase multiple antlerless tags subject only to the availability in a unit, but are limited to purchasing only 1 prior to September 15.
Michigan:
Michigan has two archery hunting periods, the first beginning on October 1 and continuing through November 14 and the second running December 1 – January 1. The Michigan firearm season begins on November 15 and continues through November 30. Additionally, Michigan has a 5 day early, private land only, antlerless firearm season beginning on September 16 and a 4 day youth season beginning on September 21. Michigan's muzzleloader-only seasons vary in three zones, all occurring in December and vary from 10 to 17 days in length. Hunters may purchase additional antlerless permits up to a maximum of 5 a year in some units, however additional antlerless harvest opportunity is available in some areas.
Minnesota:
Minnesota's 2010 archery season ran from September 18 to December 31. Minnesota's firearm season begins on November 6 and continues to November 14 or 21 depending on the zone. Additional firearm "B" seasons run from Nov. 20 – 28, Nov. 6 – 28, Oct 23 and 24, or Oct. 21 – 24 in certain areas. The muzzleloader-only season runs from November 27 to December 12. Minnesota hunters are generally limited to harvesting one buck, regardless of the number of seasons or licenses they purchase. The harvest of up to 7 antlerless deer is possible by hunting in different units and zones.
Summary of factual data and analytical methodologies
The harvest of antlerless deer is managed by the department in order to achieve overwinter goals established in s.
NR 10.104
Wis. Admin. Code. In management units where the deer population is below goal, the department may restrict antlerless deer harvest or establish an antlerless quota of zero. In management units where the population is above goal, the department will issue a number of antlerless permits that are likely to result in harvest that helps reduce the population to its overwinter goal. Earn-a-buck regulations, which require that a hunter first harvest an antlerless deer before they can harvest a buck, are an additional tool that can be used in some units to encourage even greater harvest of antlerless deer.
In management units where the normal deer hunting season framework is not likely to reduce the population to within 20% of its overwinter goal a number of season framework options have already been established by rule. The first season framework option requires both the issuance of free (except for a $2.00 issuance fee) antlerless deer tags and holding a four day October antlerless only firearm season beginning on the Thursday nearest October 15.
Under this proposal, the department could select either to issue free tags or to hold an October four day firearm season, but is not required to select both.
In the CWD management zone, whenever a management unit's deer population is over its established goal, the department may require that a hunter first harvest an antlerless deer before harvesting a buck. This proposal exempts a hunter from earn-a-buck requirements in filling their archery or gun buck deer carcass tag. This proposal preserves the earn-a-buck regulation as it applies to special, free permits issued in the CWD management zone.
Effect on Small Business
These rules are applicable to individual sportspersons 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 rules will have a significant economic impact on small businesses.
Small business regulatory coordinator
Environmental Impact
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
State fiscal effect
None.
Local government fiscal effect
None.
Anticipated costs incurred by the private sector
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.
Assumptions used in arriving at fiscal estimate
The department recommends promulgating administrative rules that modify ch.
NR 10
related to deer hunting seasons and the use and issuance of deer tags.
This proposal will, upon an order of the secretary, allow the department to distribute antlerless deer permits for the cost of issuance in designated herd control units without holding a four-day, October antlerless firearm hunt in the same units. Under current rules, if the department issues antlerless permits for only cost of issuance, it must also hold the four day season.
Additionally, the rule establishes that the department may not require that a hunter harvest an antlerless deer before harvesting a buck when using their archery or gun buck deer carcass tag in a CWD management zone. The harvest of additional bucks will continue to first require the harvest of an antlerless deer.
The department already administers the creation and distribution of carcass tags for deer hunting and establishes and publishes hunting season information. No new processes, record keeping, or printing requirements are created as a result of this proposal. Additionally, there are no new requirements of law enforcement as a result of this proposal. The department does not anticipate any fiscal effect from the provisions of this proposal.
Long-range fiscal implications
No long range fiscal implications are anticipated.
Statement of Emergency
The emergency rule procedure, pursuant to s.
227.24
, Stats., is necessary and justified in establishing rules to protect the public welfare. The rule is necessary in order to foster participation by hunters and landowners so they will continue to hunt and cooperate in CWD control and deer herd management. This rule proposal balances pressing social concerns about the quality of the deer hunt with the need for effective herd control measures such as additional antlerless deer harvest in management units that are more than 20% over population goals or simply over population goals in units that are part of the CWD Management Zone. This rule will increase harvest of bucks in the CWD zone which have a higher prevalence of CWD and, because of their greater dispersal distances, have a higher likelihood of spreading CWD. However, the rule retains a herd control tool which requires that antlerless deer be harvested before additional bucks (beyond the initial one) may be taken. The federal government and state legislature have delegated to the appropriate agencies rule-making authority to control and regulate hunting of wild animals. The State of Wisconsin must provide publications describing the regulations for deer hunting to more than 630,000 deer hunters prior to the start of the season. These regulations must be approved prior to printing nearly 1 million copies of the regulations publication.
Agency Contact Person
Notice of Hearing
Regulation and Licensing
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Regulation and Licensing in sections
15.08 (5) (b)
,
227.11 (2) (a)
,
440.03 (1)
,
448.40 (1)
Stats., the Department of Regulation and Licensing will hold a public hearing at the time and place indicated below to consider an order to renumber and amend section
RL 4.08 (intro)
, and to create section
RL 4.08 (2)
, relating to background checks and fingerprinting.
Hearing Information
Date and Time
Location
July 20, 2011
1400 East Washington Avenue
Wednesday
Room 121A
at 8 A.M.
Madison, WI 53703
Appearances at the Hearing and Submittal of Written Comments
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Division of Board Services, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received at or before the public hearing to be held on
July 20, 2011
, to be included in the record of rule-making proceedings. Comments may
be submitted to Shawn
L
eatherwood, Paralegal, Department of Regulation and Licensing, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708-8935, or by email to
Shancethea.Leatherwood@wisconsin.gov
.
Copies of Proposed Rule
Copies of this proposed rule are available upon request Shawn Leatherwood, Paralegal, Department of Regulation and Licensing, Division of Board Services, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, or by email at
Shancethea.Leatherwood@wisconsin
.gov
.
Analysis Prepared by the Department of Regulation and Licensing
Statute(s) interpreted
Statutory authority
Explanation of agency authority
Section
448.05
, Stats., is enforced and administered by
the Department of Regulation and Licensing ("DRL") and the Medical Examining Board. Specificall
y
, s.
448.40 (1)
, Stats., authorizes the Medical Examining Board to promulgate rules to carry
out the purposes of the Medical Examining Board subchapter. Section
448.05 (1)
, Stats., is in the Medical Examining Board subchapter.
Further, the Medical Examining Board is obligated under s.
15.08 (5) (b)
, Stats., to 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.
DRL
is a department in the state government, and is therefore an "agen
c
y
" under s.
227.01 (1)
, Stats. Under s.
227.11(2) (a)
, Stats., it may
promulgate rules interpreting the provisions of any
statute enforced or administered by
it, if the agency
considers it necessary
to effectuate the purpose of the statute. Both ss.
440.03 (13)
and
448.05 (1)
, Stats., are enforced and administered by
DRL.
Last, DRL is authorized under s.
440.03 (1)
, Stats., to promulgate rules defining uniform procedures to be used
b
y the department, the attached boards, the examining boards, and the affiliated credentialing boards.
Related statute or rule
Plain language analysis
Subject to ss.
111.321
,
111.322
and
111.355
, Stats., s.
448.05 (1) (a)
, Stats., requires that an applicant must not have an arrest or conviction record to be qualified for the grant of any
license by
the Medical Examining Board. Section
448.03 (13) (a)
, Stats., authorizes DRL
to conduct investigations to determine whether applicants have arrest or conviction records and require applicants to provide a
n
y
information that is necessary for the investigation. Under s.
448.03 (13) (b)
, Stats., DRL may
investigate whether applicants to practice medicine and surgery
have arrest or conviction records pursuant to rules it promulgates.
DRL
promulgated Wis. Admin. Code chs.
RL
4.07 and
RL
4.08 to interpret s.
448.03 (13)
, Stats. Under chs.
RL
4.07 and
RL
4.08, DRL may require an applicant for ph
y
sician licensure to submit fingerprints and undergo a criminal background check if "there exists reason to believe that the applicant has failed to accurate
l
y
describe his or her conviction record."
The addition to Section 1 creates a class of licensed credentials the applicants for which may
be required to be photographed, submit fingerprints, and undergo criminal background checks in situations when there is not a reason to believe that an applicant has failed to accurate
l
y
describe his or her conviction record.
Section 2 defines the class of licensed credentials created
b
y
the changes to Section 1. Section 2 requires applicants for a p
h
y
sician license to practice medicine and surgery
to submit a full set of fingerprints along with their application for licensure. The fingerprints will be used to verify
the applicant's identity and conduct searches for criminal arrests and convictions in accordance with s.
440.03 (13)
, Stats.
Summary of, and comparison with, existing or proposed federal regulations
The FBI will conduct background checks pursuant to federal law or a state law approved by
the U.S. Attorney
General under Public Law 92-544 (1972). DRL contacted the Crime
I
nformation Bureau of the Wisconsin Department of Justice to determine whether s.
440.03 (13)
, Stats., is an approved statute to authorize DRL
to require background checks of applicants to practice medicine and surger
y
. On January
7, 2011, Phillip Collins, Deputy
Director of the Crime Information Bureau confirmed that that the FBI approves s.
440.03 (13)
, Stats., as a statute authorizing DRL
to require background checks of applicants to practice medicine and surger
y
.
Comparison with similar rules in adjacent states
Illinois:
I
llinois statute requires applicants for medical licensure to provide fingerprints for a criminal background check. 225 ILCS 60/9.7. The statute further requires the Illinois Department of Professional Regulation to promulgate rules to implement the requirement.
Id.
However, a review of Illinois' application and online instructions indicates that Illinois current
l
y
does not require applicants to submit fingerprints or undergo background checks.
See
http://www.idfpr.com/dpr/WHO/med.asp
, accessed on Jan. 3, 2011.
Iowa:
I
owa administrative rules require applicants for medical licensure to pay for and provide a full set of fingerprints for state and federal criminal background checks. IAC 653-9.4 (2) p., 9.5 (3) p., 9.6 (2) j. and 8.4 (7).
Iowa promulgated the administrative rules based on the federal Volunteers for Children Act, Public
L
aw 10
5
-251 (1998). The U.S. Attorney General alrea
d
y approved the Volunteers for Children Act as a basis to enable "qualified entities" to require emplo
y
ees and volunteers to submit fingerprints for no
n
- law enforcement criminal background checks.
Michigan:
Michigan statute requires applicants for medical licensure to provide fingerprints for state and federal criminal background checks. MCL 333.16174 (3).
Minnesota:
Minnesota current
l
y
does not require applicants for medical licensure to undergo criminal background checks.
Summary of factual data and analytical methodologies
In February
2010, DRL was awarded an American Recovery and Reinvestment Act grant to lead a group of nine states to reduce barriers to the portability
of ph
y
sician licenses. Since the award, Wisconsin has worked with Illinois,
I
ndiana, Iowa, Kansas, Michigan, Minnesota, Missouri and South Dakota to develop best practices to improve the licensing process of ph
y
sicians. In November, the states identified requiring applicants to submit fingerprints and undergo criminal background as a best practice. The requirement conforms to longstanding recommendations
b
y
the Federation of State Medical Boards ("FSMB").
Since April 2001, FSMB has affirmed its position that it is a best practice for state medical boards to "conduct criminal background checks as part of the licensure application process.
See
Federation of State Medical Boards,
Public Policy Compendium
, April 2010. The FSMB reaffirmed its position in April 2010.
Id.
Further, as of September 2010, 35 out of 68 U.S. medical and osteopathic boards require applicants to submit fingerprints and undergo criminal background checks as part of the application process. FSMB,
Criminal Background Checks Overview by State
, Last Updated September 6, 2010, at
http://www.fsmb.org/pdf/GRPOL_Criminal_Background_Checks.pdf
.
Analysis and supporting documents used to determine effect on small business or in preparation of economic report
Section
227.137
, Stats., requires an "agenc
y
" to prepare an economic impact report before submitting the proposed rule-making order to the Wisconsin Legislative Council. The Department of Regulation and
L
icensing is not included as an "agenc
y
" in this section.
Effect on Small Business
These proposed rules will be reviewed
b
y
the department's Small Business Review Advisory
Committee to determine whether the rules will have a
n
y
significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1)
, Stats.
Small business regulatory coordinator
The Department's Regulatory
Review Coordinator may
be contacted by
email at
john.murra
y
@wisconsin.gov
, or by calling (608) 266-8608.
Fiscal Estimate
The department estimates that the proposed rule will have no significant fiscal impact.
Anticipated costs incurred by the private sector
Every
person seeking initial licensure to practice medicine and surgery
in Wisconsin will incur the cost of conducting the criminal background check. The cost to the applicant of conducting a criminal background check is approximately
$56.25. The cost is
t
he price the department charges applicants for the professions that it currently requires undergoing the same criminal background check process.
Agency Contact Person
Shawn Leatherwood, Paralegal
Department of Regulation and Licensing
1400 East Washington Avenue
P.O. Box 8935
Madison, Wisconsin 53708
telephone: 608-261-4438
