Filed with LRB:
May 24, 2012
Publication Date:
March 21, 2012
Effective Dates:
March 21, 2012 through
August 17, 2012
Hearing Date:
July 16, 24, 25, 2012
Extension Through:
October 16, 2012
Natural Resources (3)
Fish, Game, etc., Chs. NR 1—
This emergency rule was approved by the governor on April 26, 2012.
The statement of scope for this rule, SS
046-11
, was approved by the governor on
December 2, 2011
, published in
Register No. 672
on
December 31, 2011
, and approved by the Natural Resources Board on
February 22, 2012
.
Finding of Emergency
The department is aware that several ATV trails in Wisconsin overlap existing roads. From the onset of the program, these overlapping paths were identified as trails, signed accordingly, and were eligible to receive ATV grant funds. A few years ago, the ORV Advisory Council and WI County Forestry Association proposed that the department revise Ch.
NR 64
to accommodate paths used by both ATVs and motor vehicles. These trail-route combinations – also called hybrid trails but commonly referred to as "troutes" – will be eligible for future maintenance grant funding at the current rate if it can be shown that the hybrid trails ("troute") existed prior to the effective date of this rule.
This emergency rule will establish a new category of all-terrain trail commonly called a "troute", or a trail-route combination, that provides a connector between trails and allows grant funding for these unique trails. An emergency rule is needed because we anticipate that the permanent rule revisions to Ch.
NR 64
that will include troutes will not be effective until Sept 2012, at the earliest. Without this emergency rule, DNR will not be able to award grants to project sponsors for ATV "troutes" in July 2012, as is our practice. About one-third of the trails in northern Wisconsin are "troutes" and have been funded as trails since the program started. Our partners count upon grant funds for troute maintenance.
Without this Emergency Rule, the integrity and safety of troutes could be severely compromised. Our partners may be forced to close troutes without grant funding to maintain them until the permanent rule is effective. If troutes are closed, riders could be stranded in an unfamiliar location or be forced to turn around and ride back the same way they came instead of continuing onto their destination.
Filed with LRB:
May 9, 2012
Publication Date:
June 1, 2012
Effective Dates:
June 15, 2012 through
November 11, 2012
Hearing Date:
June 25, 2012
2.
EmR1207
— The Wisconsin Natural Resources Board proposes an order to amend
section
NR 10.01 (3) (d) 1.
, relating to the bobcat hunting and trapping season.
This emergency rule was approved by the governor on May 4, 2012. This emergency rule, modified to reflect the correct effective date, was approved by the governor on May 25, 2012.
The statement of scope for this rule, SS
009-12
, was approved by the governor on February 15, 2012, published in
Register No. 674
, on February 29, 2012, and approved by the Natural Resources Board on March 28, 2012.
This rule was approved and adopted by the State of Wisconsin Natural Resources Board on April 25, 2012.
Finding of Emergency
Pursuant to s.
227.24
, Stats., the Department of Natural Resources finds that an emergency exists and that the attached rule is necessary for the immediate preservation of the public peace, health, safety, or welfare.
If emergency rules are not promulgated, the season automatically reverts back to a single permit period beginning on the Saturday nearest October 17 and continuing through December 31 in 2012. Frequent change of season dates and regulations for hunting and trapping can be confusing and disruptive to the public, can result in citations being issued, and is not necessary for protection of the bobcat population in this situation. Some people will view a reversion to the single season framework as a reduction of opportunity that is not socially acceptable. Therefore, this emergency rule is needed to preserve the public welfare.
Filed with LRB:
May 30, 2012
Publication Date:
June 10, 2012
Effective Dates:
October 1, 2012 through
February 27, 2013
Hearing Date:
August 27, 2012
3.
EmR1210
— The Wisconsin Natural Resources Board proposes an order to amend
sections
NR 10.001 (25c)
,
10.02 (1)
,
10.06 (5)
and
(8) (intro.)
,
10.07 (2) (b) 2.
,
10.07 (2m) (intro.)
and
(e) (intro.)
,
10.07 (2m) (f) (intro.)
,
10.09 (1)
,
10.13 (1) (b) 9.
,
10.13 (1) (b) 15.
,
10.13 (1) (b) 16.
,
10.145 (intro)
,
10.145 (3)
to
(8)
,
12.10 (intro.)
,
12.10 (1) (a) 4.
,
12.10 (1) (b) 2.
,
12.15 (13)
and
19.25
and to create
sections
NR 10.001 (22q)
,
10.001 (23a)
,
10.001 (23am)
,
10.001 (23b)
,
10.001 (26g)
,
10.001 (33)
,
10.01 (3) (j)
,
10.07 (1) (m)
,
10.07 (2m) (em)
,
10.07 (2m) (g) 3.
,
NR 10.07 (4)
,
10.13 (1) (b) 15m.
,
10.13 (1) (b) 18.
,
10.145 (1m)
,
(1u)
and Note, sections
NR 10.16 (5)
,
10.295
,
12.15 (11) (e)
,
12.60
to
12.63
,
12.64 (1) (a)
and
(b) (intro.) 1.
,
12.64 (1) (b) 2.
and
3.
,
12.64 (1) (b) 4.
and
5.
,
12.64 (2) (a)
to
(c)
,
12.64 (2) (d)
,
12.64 (3)
and
12.65
, relating to the wolf hunting and trapping season and regulations and a depredation program.
This emergency rule was approved by the Governor on August 10, 2010.
The statement of scope for this rule, SS
023-12
, was approved by the governor on April 12, 2012, published in
Register No. 676
, on April 30, 2012, and approved by the Natural Resources Board on May 23, 2012.
Finding of Emergency
A non-statutory provision,
Section
21, of 2011 ACT 169 requires the department to submit rules necessary for implementation or interpretation and establishes that the department is not required to make a finding of emergency.
Filed with LRB:
August 15, 2012
Publication Date:
August 18, 2012
Effective Dates:
August 18, 2012 through
January 14, 2013
Safety and Professional Services
(Formerly Regulation and Licensing)
EmR0827
— Rule adopted creating
section
RL 91.01 (3) (k)
, relating to training and proficiency in the use of automated external defibrillators for certification as a massage therapist or bodyworker.
Exemption from Finding of Emergency
Section 41 (2) (b) of the nonstatutory provisions of
2007 Wisconsin Act 104
provides that notwithstanding section
227.24 (1) (a)
and
(3)
of the statutes, the department of safety and professional services (formerly regulation and licensing) is not required to provide evidence that promulgating a rule as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated to implement
2007 Wisconsin Act 104
. Notwithstanding section
227.24 (1) (c)
and
(2)
of the statutes, these emergency rules will remain in effect until the date on which the final rules take effect.
Filed with LRB:
September 8, 2008
Publication Date:
September 10, 2008
Effective Dates:
September 10, 2008
through the date on which
the final rules take effect
Hearing Date:
November 26, 2008
April 13, 2009
