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, Office of Legal Counsel, P.O. Box 8935, Madison, Wisconsin 53708, or by email to pamela.haack@drl.state.wi.us. Written comments must be received on or before August 11, 2005 to be included in the record of rule-making proceedings.

Statutes interpreted: Sections 457.10 (3), 457.11 and 457.14, Stats.

Statutory authority: Sections 15.08 (5) (b), 227.11 (2) and 457.03 (1), Stats.

Explanation of agency authority: The Marriage and Family Therapist Section has the authority under s. 457.03, Stats., to establish minimum standards for supervised clinical training. Those standards are set forth with specificity in s. MPSW 16.03. They currently require one hour of face-to-face supervision for each 10 hours of supervised practice. The use of the term “supervised practice" has been confusing for applicants. As a result, the term “client contact" is being substituted to better clarify what is actually needed and should therefore remedy any confusion.

The Marriage and Family Therapist Section has the authority under s. 457.14, Stats., to issue temporary certificates and temporary licenses. More specifically, s. MPSW 17.01 provides that a temporary marriage and family therapist license is valid for nine months or until the applicant's examination scores are released, whichever occurs first. It also provides for a renewal of the temporary license, not to exceed nine months. This proposal puts fewer restrictions on the renewal provisions for the temporary license thereby accommodating the practical realities that applicants typically face while attempting to obtain their permanent license.

Related statute or rule: There are no other statutes or rules.

Plain language analysis:

SECTION 1. The rules currently require one hour of face-to-face supervision for each 10 hours of supervised practice. The use of the term “supervised practice" has been confusing for applicants. Section MPSW 16.03 is amended to substitute “supervised practice" with “client contact" to better clarify that supervisees must receive the minimum one hour of face-to-face supervision for each 10 client contact hours.

SECTION 2. The rules currently provide that a marriage and family therapist temporary license is valid for nine months or until the applicant's examination scores are released, whichever occurs first and also provides for a renewal not to exceed nine months. Section MPSW 17.01 is amended to grant one renewal of the temporary license, and to permit a holder of a temporary license to place it “on hold."

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report:

The department finds that this rule has no significant fiscal effect on the private sector.

The proposed rule will have no impact on the department's funds.

Pursuant to s. 227.114 (1) (a), Stats., these proposed rules will have no significant economic impact on a substantial number of small businesses. The Department's Small Business Regulatory Review Coordinator may be contacted by email at christopher.klein@drl.state.wi.us, or by calling (608) 266-8608.

Pamela Haack, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708-8935. Telephone: (608) 266-0495. Email: pamela.haack@drl. state.wi.us.

Comments may be submitted to Pamela Haack, Department of Regulation and Licensing, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708-8935.

Email: pamela.haack@drl.state.wi.us. Comments must be received on or before August 11, 2005, to be included in the record of rule-making proceedings.

TEXT OF RULE

SECTION 1. MPSW 16.03 is amended to read:

MPSW 16.03 Supervised clinical practice. The person whose practice is being supervised shall receive a minimum of one hour of face-to-face supervision for each 10 client contact hours of supervised practice. Practice of marriage and family therapy which occurs as part of the requirements for obtaining a master's or doctoral degree in marriage and family therapy or a substantially related field shall not be considered to fulfill any part of the postgraduate supervised practice requirement. Only those individuals who hold a valid marriage and family therapist training certificate may begin accumulating hours towards their postgraduate supervised practice requirements.

SECTION 2. MPSW 17.01 is amended to read:

MPSW 17.01 Temporary license. The marriage and family therapist section may issue a temporary license permitting a person who has completed the educational and supervised practice requirements for eligibility for a license as a marriage and family therapist upon payment of the fee for the temporary license and application for the next available examination to use the title “marriage and family therapist" and to practice marriage and family therapy. The temporary license is valid for a period not to exceed 9 months from the date of its issuance, or the date on which examination scores are released, whichever comes sooner. The marriage and family therapists section may grant one renewal of the temporary license in cases of hardship, for a period not to exceed 9 months or the date of the release of scores from the next available examination after the date of renewal of the temporary license, whichever occurs sooner. A person who fails the licensure examination shall immediately return the temporary license to the marriage and family therapists section. The marriage and family therapists section may not grant or renew a temporary license to an applicant who has failed the licensure examination and it may be renewed once upon receipt of a written request and any required renewal fee. If a temporary license is returned to the department prior to its expiration along with a written request that it be placed on hold, the temporary license may later be reissued to the holder for the remainder of the 9 month period.

NOTICE IS HEREBY GIVEN that pursuant to ss. 29.014 and 227.11 (2) (a), Stats., interpreting ss. 29.014 and 29.041, Stats., the Department of Natural Resources will hold public hearings on revisions to ch. NR 10, Wis. Adm. Code, relating to the 2005 migratory game bird seasons. The proposed order establishes the season length and bag limits for the 2005 Wisconsin migratory game bird seasons. Under international treaty and federal laws, migratory game bird seasons are closed unless opened annually via the U.S. Fish and Wildlife Service regulations process. The public hearings will be held after the U.S. Fish and Wildlife Service's final draft framework is available.

For ducks, it is anticipated that for the 2005 season the state will be divided into two waterfowl hunting zones each with 60-day seasons. The season begins at noon September 24 and continues for 60 consecutive days in the north, closing on November 22. In the south the season begins at noon on October 1 and continues through October 9, followed by a 5-day split, and then reopens on October 15 and continues through December 4. The daily bag limit is 6 ducks including no more than: 4 mallards, of which only one may be a hen, one black duck, one pintail (from Sept. 24 (noon) – Oct. 23 in the North and from Oct. 1 (noon) – Oct. 9 and Oct. 15 – Nov. 4 in the south), one canvasback (from Oct. 15 – Nov. 13 statewide), 2 wood ducks, 2 redheads and 3 scaup.

For Canada geese, the state is apportioned into 3 goose hunting zones: Horicon, Collins and Exterior. Other special goose management subzones within the Exterior Zone include Brown County, Burnett County, Rock Prairie and the Mississippi River. Season lengths are: Collins Zone - 64 days (3 periods, first period beginning September 16); Horicon Zone - 92 days (4 periods, first period beginning September 16); Exterior Zone - 92 days (North: Sept. 17 – 23 and Sept. 24 (noon) – Dec. 17 and South: Sept 17 – Sept. 30 and Oct 1 (noon) – Dec. 17); and Mississippi River subzone - 70 days (Oct. 1 (noon) – Oct. 9 and Oct. 15 - Dec. 14). The Burnett County subzone is closed to Canada goose hunting. The statewide daily bag limit for Canada geese in the Horicon and Collins Zones is 2 birds per day during the open seasons within each zone. In the Exterior zone and its subzones the daily bag limit will be 1 bird per day until Oct. 31, and from Nov. 1 to the end of the season in each zone or subzone the daily bag limit will be 2 birds per day.

In addition, the rule includes the elimination Horicon Intensive Management Subzone and its corresponding goose hunting blind restrictions.

NOTICE IS HEREBY FURTHER GIVEN that the Department is requesting specific public input on:

Placement of the waterfowl hunting zone line, if the Department continues to have only the north and south zones.

Waterfowl hunting zone locations if the Department is granted additional zone/split options.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses. The Department's Small Business Regulatory Coordinator may be contacted at:
SmallBusinessReg.Coordinator@dnr.state.wi.us or by calling (608) 266-1959.

NOTICE IS HEREBY FURTHER GIVEN that 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.

NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:

Monday, August 8, 2005 at 7:00 p.m.

Basement Auditorium, La Crosse Co. Admin. Bldg.

400 4th St. North

La Crosse

Tuesday, August 9, 2005 at 7:00 p.m.

DNR Northern Region Headquarters

107 Sutliff Ave.

Rhinelander

Wednesday, August 10, 2005 at 7:00 p.m.

Room 310, Green Bay City Hall

100 N. Jefferson St.

Green Bay

Thursday, August 11, 2005 at 7:00 p.m.

Nagawicka Conference Room, Radisson Suites

Hwy. J and I-94

Pewaukee

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Kurt Thiede at (608) 267-2452 with specific information on your request at least 10 days before the date of the scheduled hearing.

The proposed changes will not result in any significant changes in spending or revenue.

The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Ken Van Horn, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until August 11, 2005. 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. Van Horn.

NOTICE IS HEREBY GIVEN that pursuant to ss. 59.692, 227.11 (2) (a) and 281.31, Stats., interpreting ss. 59.69, 59.692 and 281.31, Stats., the Department of Natural Resources will hold public hearings on revisions to ch. NR 115, Wis. Adm. Code, relating to minimum standards for county shoreland zoning ordinances. The proposed revisions are intended to meet the statutory objectives of the program, while providing certainty and flexibility to counties and property owners. Changes include adding definitions to the rule for clarity; establishing standards for multi-unit residential development, mobile home parks and campgrounds; providing exemptions for certain activities from shoreland setback and shoreland vegetation standards; establishing impervious surface standards; and replacing the “50% rule" for nonconforming structures with a standard based on the size and location of structures. These changes will significantly decrease the number of variances granted by counties, allowing certain activities to be allowed with a simple administrative permit by the county. Substantive changes include:

Language is added to advance the statutory purposes of the program found in s. 281.31 (1), Stats.

Language is added recognizing that this rule only establishes minimum standards for county shoreland zoning ordinances, and counties may adopt more protective regulations to adequately protect local resources.

Language consistent with s. 59.692(7), Stats., is added to clarify how this rule impacts lands annexed or incorporated by cities and villages.

Language clarifying the authority of the town shoreland zoning ordinances is added.

Language clarifying the applicability of ch. NR 115 in areas under the jurisdiction of ch. NR 118 is added.

The number of definitions was increased from 13 to 52 to help provide consistency in interpretation of county shoreland zoning ordinances

The requirement for land division review is changed from the creation of “3 or more lots" to the creation of “one or more lots" to ensure that all new lots created meet minimum lot size requirements. This standard was added to protect prospective property owners and ensure that all lots have a buildable area.

If new lots are created that are divided by a stream or river, one side of the lot must meet minimum lot size requirements and density standards. No portion of a lot or parcel divided by a navigable stream may be developed unless that portion of the lot or parcel meets or is combined to meet the minimum lot size requirements and density standards. This provision will ensure that development only takes place on lots or parcels which meet minimum lot size requirements, again safeguarding property owners.

Counties may adopt standards to regulate substandard lots in common ownership.

Minimum lot size and density standards are established for multi-unit residential development, mobile home parks, campgrounds and other types of uses.

Counties may request the approval of an alternative regulation for campgrounds that is different than the minimum standards in ch. NR 115. Counties utilizing this option must demonstrate how the alternative regulation would achieve the statutory purposes of the program.

Counties are granted the flexibility to regulate keyhole lots.

New lot width measurement is developed which will accommodate irregular shaped lots.

Counties are granted the flexibility to regulate backlots in the shoreland zone.

Outlots may be created as part of a subdivision plat or certified survey map.

Counties may request the approval of standards for alternative forms of development with reduced lot sizes and development densities for planned unit developments, cluster developments, conservation subdivisions, and other similar alternative forms of development if they include, at a minimum, a required shoreland setback of more than 75 feet and a larger primary buffer than is required in s. NR 115.15 (2).

Language is added to address structures exempted by other state or federal laws from the shoreland setback standards.

Provisions are added to allow counties to exempt 15 types of structures from the shoreland setback, an increase from 3 exempted structures.

The construction of new dry boathouses is prohibited.

Standards are established to qualify a lot for a reduced setback and two methods of calculating the reduced setback are provided. Counties may also request approval of an alternative setback reduction formulate, demonstrating how the alternative is as effective in achieving the purposes of s. 281.31 (1) and (6), Stats.

Language governing management of shoreland vegetation in the primary shoreland buffer is improved, resulting in a more functional buffer protection habitat and water quality.

Tree and shrubbery pruning is allowed. Removal of trees and shrubs may be allowed if exotic or invasive species, diseased or damaged, or if an imminent safety hazard, but must be replaced.