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 AnnMarie Kutzke at (608) 266-2952 with specific information on your request by April 3, 2006.

The 2005 - 07 state budget (2005 Wisconsin Act 25) created a provision to allow the department to issue turkey permits, remaining after the initial permit drawing, over the counter on a first-come, first-served basis at the cost of $10 for residents and $15 for non-residents. The department's intent is to prevent any one individual from hoarding permits, and at the same time make sure that there are a limited number of left over permits that go unused. The intent of the budget proposal was to make sure permits are issued to those who have the ability and desire to use the permits. Therefore, the department recommends that turkey permits remaining after the initial drawing, be made available to customers at a rate of 1 permit per day, with no limit on the number of permits that an individual hunter may obtain in a given license year. By limiting the permits to one per day per hunter it will avoid hoarding and allow hunters equal opportunities at available permits.

The fiscal impacts associated with this provision were generated by the budget bill, and not the rule itself, but are described here for informational purposes.

Cost of implementing this change will be an estimated $10,000 to change the functionality and logic in the Department's Automated License Issuance System (ALIS) and to update and print new applications.

Additionally, by issuing turkey permits over the counter, the department will see an increase in revenue. Based on 2005 applicant information this could potentially generate on the order of over $347,000 in revenue:

2005 Fall Turkey:

98.6% of the applicants are residents

1.4% of the applicants are nonresidents - See PDF for diagram

At $9 and $14 per tag this equals $31,617 for resident tags and $700 for nonresident tags for a total of $32,317.

2005 Spring Turkey:

96.2% of the applicants are residents

3.8% of the applicants are nonresidents

We had 34,250 second permits issued in 2005.

Using those percentages, 32,948 applicants would be residents and 1,302 would be nonresidents.

At $9 and $14 per tag this equals $296,532 for resident tags and $18,228 for nonresident tags for a total of $314,760.

The reason that $9 and $14 was used as the revenue multiplier is because there is a $.15 issuance fee for each tag. ALIS charges us about $.89 per transaction. Some will be issued at DNR locations so the issuance fee would not apply. Some will be sold along with other approvals in the same transaction so the entire transaction fee wouldn't be for just the turkey tag. So it was estimated that the cost would be about $1 per turkey tag.

The costs and revenue described here are not included in the worksheet because they are attributable to the enabling legislation, and not the rule. However, there are two rule change proposals that could have a fiscal impact independent of enabling legislation. The first is a proposed change to require a pheasant stamp of any hunter in the state who hunts pheasants.

The pheasant stamp was created in 1991 to fund pheasant restoration and management. Specifically the department was directed by state statute to use the revenues generated by the sale of the stamp for “developing, managing, preserving, restoring and maintaining the wild pheasant population in the state." To define areas where these funds were primarily utilized, the department created the Pheasant Management Zone (PMZ). The PMZ included counties or portions of counties with a healthy wild pheasant population. Therefore, a pheasant stamp was only required by those hunters who hunted pheasants within the PMZ.

However, as a result of 2005 Wisconsin Act 25 (The 2005 State Budget), a portion of pheasant stamp revenue is now allocated toward pheasant rearing and stocking. This now benefits pheasant hunters even outside the PMZ. As a result, the department recommends that all pheasant hunters in the state be required to purchase the pheasant stamp in addition to their small game license to hunt pheasants in Wisconsin.

In 2005, 29,978 pheasant stamps were sold (does not include the 70,401 Conservation Patron License holders, where a pheasant stamp was included with their Patron License). At a cost of $10 each, this resulted in approximately $300,000 in revenue resulting form the sale of pheasant stamps (excluding the allotment from the Patron License sales) in 2005. From small game hunter surveys, the department estimates that there are approximately 75,000 hunters who annually hunt pheasants in Wisconsin. Based on this information, and that most hunters who hunt pheasants do so within the pheasant management zone where a stamp is required, we assume that 95% of pheasant hunters (71,250) either purchase a pheasant stamp or hunt pheasants under the authority of a Conservation Patron license (which includes the pheasant stamp). Based on these assumptions, if this rule proposal goes forward and the pheasant stamp is required statewide, then the department could anticipate the sale of an additional 3,750 pheasant stamps, which would result in an additional $37,500 in revenue for pheasant habitat restoration and pheasant stocking.

Secondly, establishing a deer hunting season at High Cliff State Park would increase department costs. Costs include signage at the property (one time cost ~$500). Patrolling of the property by Park staff during the season will result in additional costs to the local Park staff in terms of staff time.

One additional conservation warden will be needed to be on staff during this hunt (LTE). Additional hours would be at a minimum 188 hours if the LTE worked 23.5 days of the season with permanent staff working the other 23.5 days. Hours will also be needed to work on dual boundary posting adjacent to private property. The park facility repair worker and other staff can accomplish this in a minimum of 50 hours.

LTE officer   =$1,786.00 (wage)

FTE officer   =$3,478.00 (wage)

FTE staff   =$846.00 (wage) - time spent on boundary work – One time cost.

Materials   =$500.00 (signs/posts for boundaries) – One time cost.

Estimated annual expenditures (staff time) - $5,264

One time staff cost - $846

Mileage and equipment (including sign maintenance) - $500 - See PDF for diagram

The proposed rules and fiscal estimates may be reviewed and comments electronically submitted at the following Internet site: adminrules.wisconsin.gov. Written comments on the proposed hunting and trapping regulations may be submitted via U.S. mail to Mr. Kurt Thiede, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707. Written comments on the proposed fishing regulations may be submitted via U.S. mail to Mr. Joe Hennessy, Bureau of Fisheries Management, P.O. Box 7921, Madison, WI 53707. Written comments shall be postmarked not later than April 11, 2006. Written comments whether submitted electronically or by U.S. mail will NOT, however, be counted as spring hearing votes.

NOTICE IS HEREBY GIVEN that pursuant to ss. 299.11(3) to (5) and (7) to (9), Stats., interpreting s. 299.11, Stats., the Department of Natural Resources will hold public hearings on the repeal and recreation of ch. NR 149, Wis. Adm. Code, relating to laboratory certification and registration. Chapter NR 149 sets requirements for the certification and registration of laboratories that submit data to the department for covered programs. Since the last revision of ch. NR 149 in 1998, the Department realized the need for updating the rule to reflect current analytical practices, give specificity to vague language, provide needed flexibility, and promote efficient means of administering the certification and registration program. Highlights of the proposed changes include:

• Provisions for issuing laboratory certificates that clearly reflect the analytical capabilities of participating laboratories

• Clarifications and improvements of the application process for participating laboratories

• Equitable fee schedules for laboratories based on the complexity of the analyses they perform

• Allowances for incorporating national acceptance criteria for proficiency testing samples

• Procedures the Department will follow to evaluate laboratories on site

• Comprehensive requirements that incorporate a systematic approach to ensure the quality of the data submitted to the Department by laboratories

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., the proposed rules may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:

a. Types of small businesses affected: Small commercial laboratories

b. Description of reporting and bookkeeping procedures required: The proposed rule requires laboratories to submit applications for obtaining, renewing and transferring certifications and registrations; analyze PT samples to obtain, maintain and renew certifications and registrations; allow the Department to perform an on-site evaluation to obtain certification or registration and every 3 years to maintain certification or registration; respond to and resolve deficiencies identified during on-site evaluations; submit fees to obtain and renew certifications and registrations; operate under a quality system to ensure data reported to the department is of known and documented quality; use approved methods of analyses; and report analytical data to the Department and clients in specified formats. The proposed rule does not impose specific bookkeeping requirements on participating laboratories

c. Description of professional skills required: The rule requires levels of professional skills commensurate with the complexity of the tests performed by a laboratory, the breadth of operations and the degree of sophistication of the analytical instrumentation used. Analyses covered by the rule are performed by personnel with a wide spectrum of credentials, from technicians with a basic high school science education to degreed chemists, biologists and other scientists. The rule allows analysts with lesser experience to work under the direct supervision of qualified analysts. The rule does not specifically require academic degrees or a minimum number of years of experience for those involved in its implementation.

The Department's Small Business Regulatory Coordinator may be contacted at SmallBusiness@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:

March 23, 2006 Thursday at 1:00 p.m.	DNR Service Center 1300 W. Clairemont Avenue Eau Claire
March 28, 2006 Tuesday at 1:00 p.m.	Downstairs Room State Patrol Office 2805 Martin Avenue Wausau
March 29, 2006 Wednesday at 1:00 p.m.	Room 213 Lindholm School Administration Bldg. 222 Maple Avenue Waukesha
March 30, 2006 Thursday at 1:00 p.m.	Ag Extension Service Center 1150 Bellevue Street Green Bay
April 6, 2006 Thursday at 1:00 p.m.	Prairie Room DNR Service Center 1500 N. Johns Street Dodgeville

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 Diane Drinkman at (608) 264-8950 with specific information on your request at least 10 days before the date of the scheduled hearing.

There is a potential fiscal impact on local governments.

The overall costs for maintaining a laboratory's quality system will be driven by the selection of the options offered in this proposed rule. Local government laboratories are most likely to experience a reduction in these costs if they choose to modify current practices.

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 Ms. Diane Drinkman, Bureau of Integrated Science Services, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until April 14, 2006. 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 Ms. Drinkman.

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Nursing Home Administrator Examining Board in ss. 15.08 (5) (b) and 227.11 (2), Stats., and interpreting s. 456.07 (2), Stats., the Nursing Home Administrator Examining Board will hold a public hearing at the time and place indicated below to consider an order to renumber and amend NHA 1.02 (5); to amend the Note following NHA 3.01 (1), NHA 3.02 (1), (1m) and the Note following NHA 3.02 (1m), NHA 3.03 (1) (intro.), the Note following NHA 3.03 (1) (c), and (2); and to create NHA 3.02 (6) and (7), and 3.03 (5), relating to continuing education.

Date:   March 16, 2006

Time:   9:45 A.M.

Location:   1400 East Washington Avenue
  Room 121A
  (Enter at 55 Dickinson Street)
  Madison, Wisconsin

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 Administrative Rules, P.O. Box 8935, Madison, WI 53708, or by e-mail to pamela.haack@drl.state.wi.us. Written comments must be received by March 27, 2006 to be included in the record of rule-making proceedings.