This rule will not increase any costs for businesses. The rule may produce an economic benefit for small businesses that commit minor violations of DATCP regulations when discretion is exercised to forego formal sanctions or to seek reduced sanctions.
This rule will not have an economic impact upon the state, any business sector, citizens, utility rate payers or any geographical area in the state.
Each DATCP division contributed to the analysis of the effect of the proposed rule.
Analysis and supporting documents used to determine effect on small business or in preparation of an economic impact analysis
Supporting documentation includes files of enforcement activities in DATCP and the DATCP compliance manual.
P.O. Box 8911
E-Mail:
dennis.fay@wisconsin.gov
ADMINISTRATIVE RULES
FISCAL ESTIMATE
AND ECONOMIC IMPACT ANALYSIS
|
Type of Estimate and Analysis
|
X
Original Updated Corrected
|
Administrative Rule Chapter, Title and Number
|
Ch. ATCP 1, Subch. VII
|
Subject
|
Discretion in enforcement of rule violations by small businesses
|
Fund Sources Affected
|
Chapter 20 , Stats. Appropriations Affected
|
GPR FED PRO PRS SEG SEG-S
|
None
|
Fiscal Effect of Implementing the Rule
|
X
No Fiscal Effect
Indeterminate
|
Increase Existing Revenues
Decrease Existing Revenues
|
Increase Costs
Could Absorb Within Agency's Budget
Decrease Costs
|
The Rule Will Impact the Following (Check All That Apply)
|
State's Economy
Local Government Units
|
Specific Businesses/Sectors
Public Utility Rate Payers
|
Would Implementation and Compliance Costs Be Greater Than $20 million?
Yes
X
No
|
Policy Problem Addressed by the Rule
|
This rule complies with the requirements of s. 227.04 (2) (b) created by 2011 Wis. Act 46, which requires each state agency to "establish by rule, reduced fines and alternative enforcement mechanisms for minor violations of administrative rules made by small businesses", and which requires that the rule include a definition of "minor violation".
|
Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
|
This rule will not increase any costs for businesses. The rule may produce an economic benefit for small businesses that commit minor violations of DATCP regulations when discretion is exercised to forego formal sanctions or to seek reduced sanctions.
Local Governments
This rule will not impact local governments. Local governments will not have any implementation or compliance costs.
Utility Rate Payers
The rule will have no impact on utility rate payers.
General Public
This rule will have no impact on the general public.
|
Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
|
Benefits
This rule may benefit small businesses that commit minor violations of DATCP rules.
Alternatives
Adoption of this rule is required by the provisions of s. 227.04 (2) (b).
|
Long Range Implications of Implementing the Rule
|
There are no long range implications.
|
Compare With Approaches Being Used by Federal Government
|
Federal agencies exercise similar enforcement discretion.
|
Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota
)
|
Agencies in surrounding states exercise similar enforcement discretion.
Comments Received in Response to Web Posting and DATCP Response
No comments were received in response either to the posting on the DATCP external website or the statewide administrative rules website.
|
Notice of Hearing
Department of Natural Resources
Fish, Game, etc., Chs. 1 —
(DNR # WM-16-12(E))
NOTICE IS HEREBY GIVEN that pursuant to
Section
21
of
2011 Act 169
, ss.
227.11
, and
227.24
, Stats., and interpreting
2011 Act 169
and ss.
29.014
, and
29.185 (5) (d)
, Stats., the Department of Natural Resources will hold public hearings on revisions to Chapter
NR 10
, Wis. Adm. Code, relating to the coyote hunting season. This emergency order took effect upon publication in the official state paper on Monday October 1, 2012.
Hearing Information
Date:
Monday, November 12, 2012
Time:
11:00 a.m.
Location:
Room 613
Natural Resources State Office Building
(GEF-2)
101 South Webster St.
Madison, WI 53707
Accessibility
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.
Written Comments and Copies of Rule
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 Mr. Scott Loomans, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707 or by email to
scott.loomans@ wisconsin.gov
. Comments may be submitted until November 12, 2012. 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. Loomans.
Plain Language Analysis
The Bureau of Wildlife Management recommends promulgating rules modifying chapter NR 10 Wis. Admin. Code related to the coyote hunting season.
SECTIONS
1 and 2 repeal the coyote hunting season closure in Wolf Management Zone 1 and create a statewide open season.
Summary of, and Comparison with, Existing or Proposed Federal Regulations
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 Rules in Adjacent States
Coyotes are an unprotected species in Minnesota and they may be hunted year-round. In Michigan, the coyote hunting season begins on July 15 and ends on April 15. The Iowa coyote season is open continuously, year-round. In Illinois, the coyote season is open year-round except that, during firearm deer seasons, coyote hunters must also possess a valid, unfilled deer tag.
Summary of Factual Data and Analytical Methodologies
The coyote hunting season is currently closed at times when firearm deer seasons are open in Wolf Management Zone 1. This rule would open the coyote season.
Under this proposal, wolves would continue to be protected during the firearm deer season and harvest would only be allowed by a person who possesses a valid wolf harvesting license.
The current closure was established when wolves were listed in Wisconsin and federally as an endangered species, to prevent incidents of misidentification by people who intended to harvest coyotes. The closure is no longer needed for protection of the wolf population and this coyote hunting opportunity can be restored. The wolf population has expanded and packs are established in many areas outside of Wolf Management Zone 1, where the current coyote season closure has never been in effect. Coyote harvest has also been allowed in Wolf Management Zone 1 at times when firearm deer seasons were not open.
Policies relevant to the rule are consistent with existing policies for hunting. Coyote harvest is currently and has historically been allowed during firearm deer seasons outside of Zone 1 and this does not seem to have impacted wolf management in those areas. The department has regulations in place establishing open and closed seasons or continuous open seasons for many established species.
Coyotes are commonly harvested incidentally by people who primarily hunting deer during the firearm deer season. Expanding that opportunity to hunters in Wolf Management Zone 1 will increase opportunity for those hunters and they are the only people who are likely to be affected by the proposed rule.
Analysis and Supporting Documents Used to Determine Effect on Small Business or in Preparation of Economic Impact Report
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 costs are associated with compliance to these rules. During the firearm deer season, hunters are primarily pursuing deer and that is what drives a person's decision to participate. Hunters may appreciate the opportunity to harvest a coyote incidentally to their deer hunting activities, but the opportunity is not anticipated to have any impact on hunter participation or their related activities and expenditures.
Effects 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. Because this rule does not add any regulatory requirements for small businesses, the proposed rules will not have a significant economic impact on a substantial number of small businesses under 227.24 (3m), Stats.
Pursuant to s.
227.114
, Stats., it is not anticipated that the proposed rule will have a significant economic impact on small businesses. The Department's Small Business Regulatory Coordinator may be contacted at
SmallBusiness@dnr.state.wi.us
or by calling (608) 266-1959.
Environmental Impact
That the department has determined these emergency rule revisions are a Type IV action which is exempt under Chapter
NR 150
, Wis. Adm. Code, and no environmental analysis is required.
Fiscal Estimate
State: No State Fiscal Effect.
Local: No Local Government Costs.
Agency Contact Person
Mr. Scott Loomans
Bureau of Wildlife Management
P.O. Box 7921
Madison, WI 53707
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Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.
