Section 27.07. Incidental take applications.

 

(1)   Public notification of receipt of an application for the incidental take of endangered or threatened species.

(a)

1. Upon receipt of an application for an incidental take permit, an accompanying conservation plan and an implementing agreement under s. 29.604 (6m) , Stats., all of which are deemed complete and acceptable to the department, the department shall develop a news release that includes all of the following information:

a. The name and address of the applicant.

b. A brief description of the project or activity, including location, and the endangered and threatened species to be affected.

c. A statement regarding the proposal's potential to cause significant adverse effects to endangered and threatened species, the whole plant-animal community of which they are a part, or the habitat that is critical to its existence.

d. A brief description of efforts the applicant intends to conduct to minimize and mitigate the impact caused by the taking.

e. The name and address of a contact within the department who can receive comments and respond to questions.

f. A date until which the department will accept and consider comments.

2. Notwithstanding subd. 1. , but consistent with s. 29.604 (6m) (e) , Stats., when deemed appropriate by the department, any other department notice, including a notice required under another statute or administrative rule, containing the information in subd. 1. a. to f. may be used in addition to a news release.

(b) The department shall distribute the news release or notice to appropriate news media in the vicinity of the proposed taking and to the official state newspaper designated under s. 985.04 , Stats.

(c) In addition to distributing the news release or notice under par. (b) , the department shall mail, or may otherwise provide the information specified in par. (a) in the manner requested, and consistent with s. 29.604 (6m) (e) , Stats., to the following organizations, at the address or location they provide:

1. University of Wisconsin-Madison, School of Natural Resources;

2. University of Wisconsin-Stevens Point, College of Natural Resources;

3. Sigurd Olson Environmental Institute, Northland College, Ashland;

4. Wisconsin Wildlife Federation;

5. Wisconsin Conservation Congress;

6. Citizens Natural Resources Association of Wisconsin;

7. Wisconsin Society for Ornithology;

8. Wisconsin Woodland Owners Association;

9. Sierra Club-Muir Chapter;

10. Wisconsin Audubon Council;

11. The Nature Conservancy;

12. The Izaak Walton League;

13. Wisconsin Wetlands Association;

14. U.S. Department of the Interior, Fish and Wildlife Service;

15. Wisconsin Paper Council;

16. Wisconsin Association of County Planning Directors;

17. Wisconsin Manufacturers & Commerce;

18. Prairie Enthusiasts;

19. Great Lakes Indian Fish & Wildlife Commission;

20. Milwaukee Public Museum;

21. Madison Audubon Society;

22. Natural Areas Preservation Council;

23. Wisconsin Waterfowl Association;

24. Wisconsin Environmental Decade; and

25. Other organizations or individuals clearly requesting notification of receipt of applications under s. 29.604 (6m) , Stats., by filing a written request with the bureau of endangered resources.

(2)   Public comment.

(a) A minimum of 2 weeks from the date the news release or notice was distributed to news media under sub. (1) (b) or mailed under sub. (1) (c) , whichever is later, shall be allowed for the receipt of public comment on the proposed taking.

(b) The department shall consider all public comment on the application if received within the comment period by the bureau of endangered resources by mail or delivered to its offices in Madison, Wisconsin.

(3)   Public record treatment. Any application, conservation plan and implementing agreement submitted under s. 29.604 (6m) , Stats., shall be available for review at the offices of the bureau of endangered resources in Madison, Wisconsin. Any request for a copy of those documents, shall be considered a public record request and provided subject to payment of copying charges consistent with subch. II of ch. 19 , Stats., and rules adopted by the department.

History: Emerg. cr. eff. 11-18-96; cr. Register, April, 1998, No. 508 , eff. 5-1-98; corrections in (1) (a), (c) and (3) made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1999, No. 525 .

Note

The mailing address for the Bureau of Endangered Resources is Department of Natural Resources, P.O. Box 7921, Madison, WI 53707. Microsoft Windows NT 6.1.7601 Service Pack 1 The offices of the bureau of endangered resources are located at 101 South Webster Street, Madison, Wisconsin. Microsoft Windows NT 6.1.7601 Service Pack 1