EmR1207 Revise section NR 10.01 (3) (d) 1., relating to the bobcat hunting and trapping season.  

  • Health Services
    Health, Chs. DHS 110—
    EmR1204 — The Wisconsin Department of Health Services hereby adopts emergency rules to create section DHS 115.05 (3) , relating to fees for screening newborns for congenital and metabolic disorders and other services.
    This emergency rule was approved by the governor on April 19, 2012.
    The statement of scope for this rule, SS 033-11 , was approved by the governor on October 25, 2011 , published in Register No. 671 , on November 14, 2011 , and approved by the Department of Health Services Secretary, Dennis G. Smith, effective November 25, 2011 .
    Exemption from Finding of Emergency
    The legislature by 2011 Wisconsin Act 32 , SECTION 9121 (9) provides an exemption from a finding of emergency to adopt these emergency rules. The exemption is as follows:
    2011 Wisconsin Act 32 , SECTION 9121 (9) CONGENITAL DISORDER TESTING FEES; RULES. Using the procedure under section 227.24 of the statutes, the department of health services shall promulgate rules required under section 253.13 (2) of the statutes, as affected by this act, for the period before the effective date of the permanent rules promulgated under section 253.13 (2) of the statutes, as affected by this act, but not to exceed the period authorized under section 227.24 (1) (c) of the statutes, subject to extension under section 227.24 (2) of the statutes. Notwithstanding section 227.24 (1) (a) , (2) (b) , and (3) of the statutes, the department of health services is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.
    Filed with LRB:   May 1, 2012
    Publication Date:   May 4, 2012
    Effective Dates:   May 4, 2012 through       September 30, 2012
    Hearing Date:   May 25, 2012
    Extension Through:   January 28, 2013
    Justice
    EmR1206 — The State of Wisconsin Department of Justice ("DOJ") proposes an order to repeal and re-create Chapter Jus 17 and Chapter Jus 18 , relating to licenses authorizing persons to carry concealed weapons; concealed carry certification cards for qualified former federal law enforcement officers; and the certification of firearms safety and training instructors.
    Governor Walker approved the final draft emergency rules on March 15, 2012. Attorney General Van Hollen signed an order approving the final emergency rules on March 15, 2012, and the emergency rules were published in the Wisconsin State Journal on March 21, 2012.
    The statement of scope for these emergency rules, SS 010-12 , was approved by Governor Walker on February 15, 2012, published in Administrative Register No. 674 , on February 29, 2012, and approved by Attorney General J.B. Van Hollen on March 12, 2012.
    Finding of Emergency
    Under section 101 of 2011 Wis. Act 35 , DOJ has been statutorily required to receive and process concealed carry license applications and to issue or deny licenses since November 1, 2011. The Legislature has thus determined that the public welfare requires the licensing system commenced on that date to remain continuously in effect. Emergency rules governing the licensing process were adopted on October 25, 2011, and have been in effect since November 1, 2011.
    On November 7, 2011, JCRAR suspended certain portions of the emergency rules adopted on October 25, 2011. Since that time, DOJ has implemented concealed carry licensing without enforcing the suspended provisions. DOJ is also in the process of developing proposed permanent rules that do not include the substance of any of the provisions in the emergency rules that were suspended by JCRAR.
    Under Wis. Stat. s. 227.26 (2) (i) , if a bill supporting JCRAR's suspension action of November 7, 2011, is not enacted into law by the end of the current legislative session on March 15, 2012, then the suspension would be lifted and the original version of the emergency rules — including the previously suspended portions — would go back into legal effect. At that point, the emergency rules in effect would be inconsistent both with the emergency rules as they have been administered by DOJ since November 7, 2011, and with the proposed permanent rules, the scope of which has already been approved by the Governor and the Attorney General. Any such lack of continuity in the operation of DOJ's concealed carry rules would be confusing and disruptive both for permit applicants and for DOJ staff administering the concealed carry permit program.
    In order to prevent such a discontinuity in the operation of the concealed carry rules, it is necessary to re-promulgate the existing emergency rules in their entirety, with the exception of the portions that were suspended by JCRAR on November 7, 2011. Only if DOJ utilizes the emergency rulemaking procedures of s. 227.24 , Stats., can the revised emergency rules be promulgated and in effect in time to prevent discontinuity in the operation of the existing rules. The public welfare thus necessitates that the rules proposed here be promulgated as emergency rules under s. 227.24 , Stats.
    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:   December 15, 2012
    Natural Resources (4)
    Fish, Game, etc., Chs. NR 1—
    1.   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
    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
    3.   EmR1214 (DNR # WM-02-12(E)) — The Wisconsin Natural Resources Board proposes an order to repeal and recreate sections NR 10.01 (1) (b) , (g) and (u) , 10.06 (9) (a) and 10.32 , to amend section NR 10.01 (1) (v) , and to create section NR 10.12 (3) (e) , relating to hunting and the 2012 migratory game bird seasons and waterfowl hunting zones.
    This emergency rule was approved by the governor on September 6, 2012.
    The statement of scope for this rule, SS 011-12 , 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 May 23, 2012.
    Finding 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 federal government and state legislature have delegated to the appropriate agencies rule-making authority to control the hunting of migratory birds. The State of Wisconsin must comply with federal regulations in the establishment of migratory bird hunting seasons and conditions. Federal regulations are not made available to this state until late July of each year. This order is designed to bring the state hunting regulations into conformity with the federal regulations. Normal rule-making procedures will not allow the establishment of these changes by September 1. Failure to modify our rules will result in the failure to provide hunting opportunity and continuation of rules which conflict with federal regulations.
    Filed with LRB:   September 10, 2012
    Publication Date:   September 12, 2012
    Effective Dates:   September 13, 2012 through     February 9, 2013
    4.   EmR1215 (DNR # WM-16-12(E)) — The Wisconsin Natural Resources Board proposes an order to repeal and recreate section NR 10.01 (3) (h) 1. , relating to the coyote hunting season.
    This emergency rule was approved by the governor on August 30, 2012.
    The statement of scope for this rule, SS 038-12 , was approved by the governor on May 29, 2012, published in Register No. 678 , on June 14, 2012, and approved by the Natural Resources Board on June 27, 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:   September 14, 2012
    Publication Date:   October 1, 2012
    Effective Dates:   October 1, 2012 through       February 27, 2013