Changes to the language of s. Chir 6.02, Unprofessional Conduct, to reflect the need for chiropractors to receive adequate training, education and experience relating to the use of new therapies and treatment modalities in the chiropractic practice prior to application.

Objective of the rule. To ensure that chiropractic practitioners will be adequately trained and educated on the proper usage, treatment and procedures directly related to the usage of new therapies and treatment modalities prior to the treatment of their patients. The new rule should offer an allowance for training to be received during coursework at an accredited chiropractic college or board-approved continuing education course.

Cold laser therapy, anodyne therapy (infrared light treatment) and other new therapies and treatment modalities are emerging into the practice of chiropractic on a regular basis. To ensure that these new therapies and treatment modalities being made available by advancements in the field are administered appropriately, and to adequately educate chiropractors on the treatment of their patients, a rules change specifying that the chiropractic practitioner should have adequate education and training prior to patient application will be required.

The board is amending its rules to specify that chiropractors need adequate training and education from coursework at an accredited college of chiropractic or from a board-approved continuing education program prior to usage of these new treatments (to assure competence) in their practice.

None.

Sections 15.08 (5) (b) and 227.11 (2), Stats.

200 Hours.

Ch. DFI—Gen 2, relating to the discretion the agency will use in the enforcement of rules and guidelines against small business.

The objective of the rule is to create ch. DFI—Gen 2. Section 895.59 (2), Stats., requires each agency to disclose in advance the discretion that the agency will follow in the enforcement of rules and guidelines against a small business. A rule promulgated under s. 895.59 (2) shall 1) include the reduction or waiver of penalties for a voluntary disclosure by a small business of actual or potential violations or rules or guidelines, and may include the consideration of the violator's ability to pay when determining the amount of any monetary penalty, assessment, or surcharge; 2) shall specify when the agency will not allow discretion in the enforcement of a rule or guideline against small businesses; and 3) shall include all of the situations set forth in s. 895.59 (2) (a) – (f) in which discretion is not allowed. Section 895.59 (1) (a), Stats., defines “small business" as having the meaning as set forth in s. 227.114 (1), Stats., but not including an entity as defined in ss. 48.685 (1) (b) or 50.065 (1) (c), Stats. The purpose of the proposed rule is to comply with s. 895.59 (2).

None.

Sections 895.59 (2) and 227.11 (2), Stats.

160 hours.

Entities that may be affected by the proposed rule include adjustment service companies, currency exchanges, collection agencies, insurance premium finance companies, loan companies, sales finance companies, sellers of checks, mortgage bankers, mortgage brokers, credit providers, corporate and UCC filers, securities broker-dealers, agents, investment advisers, investment adviser representatives, Wisconsin target company acquirors, franchisors, securities issuers and such other entities as may be affected by the department.

Objective of the rule. Modification to ch. NR 10, relating to deer hunting seasons and regulations for the 2006 deer hunting season.

The Department will be promulgating administrative rules relating to deer hunting seasons and regulations for the 2006 deer hunting season. The primary policy issue and related objective will be to try to reach consensus, primarily amongst the various deer hunting groups in the state, on changes to deer hunting seasons and regulations that will result in increased simplification of regulations, social acceptance of management objectives, and enforceability of regulations without compromising the Department's ability to manage antlerless deer harvest to fulfill the Department's mandate to responsibly manage deer populations at established deer population goals.

Deer Management for 2000 and Beyond was the last and the largest deer management related strategic planning effort initiated by the department to achieve the same objective outlined for the proposed administrative rule order. A majority of the current deer hunting regulations and seasons are a result of Deer 2000. However, the current controversies in Wisconsin related to deer are evidence to the fact that not all the issues surrounding deer management in Wisconsin were solved with Deer 2000, even with the extensive effort put forth to engage the public through the Deer 2000 initiative. Therefore, to expect to reach consensus with this rule order is ambitious and perhaps too optimistic. However, the Department has recently concluded the Department Deer Streamlining Team effort to review current deer seasons and tagging to find ways to reduce complications associated with current seasons while retaining herd control. The recommendations from this team along with results from the 2005 Spring Hearings and previous guidance from the Natural Resources Board will be considered when drafting the proposed 2006 deer hunting season rules.

Section 29.014, Stats.

Approximately 785 hours will be needed by the department to develop the rule prior to and following the hearings.

The groups specifically interested in this rule process include the various deer hunting groups in the state which represent gun, bow and muzzleloader deer hunters, conservation groups such as the Conservation Congress and the Wisconsin Wildlife Federation, and other groups such as the tribes in the ceded territory, non-hunting recreationists, farmers, foresters, motorists and private landowners.

Federal regulations allow states to manage the wildlife resources located within their boundaries provided they do not conflict with regulations established in the Federal Register. None of these rule changes violate or conflict with the provisions established in the Federal Code of Regulations.

Objective of the rule. The objective of the rule is to establish formula-driven commercial harvest limits for yellow perch from Lake Michigan and Green Bay. Such limits would allow harvest limits to rise and fall as objective indices of fish abundance rise and fall. This will 1) remove the need for controversial and divisive rule-making to increase or cut harvest limits, 2) produce timely reductions in harvests when fish populations decline, and 3) will allow rapid increases in harvests when fish populations recover. Adjustments to daily sport fishing bag limits for yellow perch from Green Bay and Lake Michigan may be included in the rule that is proposed.

The proposed rule is a change from current practice in which harvest limits are made on a case-by-case basis as fish populations increase or decline, but would not represent a change in policy. NR 1.04 (Great Lakes fisheries management) states, “Management measures may include but are not limited to seasons, bag and harvest limits, limitations on the type and amount of fishing gear, limitations as to participation in the fisheries and allocations of allowable harvest among various users and the establishment of restricted areas."

ss 29.041, 29.014 (1), 29.519 (1), and 227.11 (2) (a), Stats.

The Lake Michigan Fisheries Team will develop the rule. The Great Lakes Fisheries Specialist, working with a DNR attorney will develop options for consideration by the LMF. It is estimated that the Great Lakes Fisheries Specialist will devote 40 hours to rule development, the DNR attorney will devote five hours the problem, and the LMFT will devote six hours of meeting time to the issue.

None applicable.

The rule will affect commercial fishers directly and sport fishers indirectly.

Objective of the rule. Approval of a limited revision to NR 118, Wis. Adm. Code, standards for the Lower St. Croix National Scenic Riverway.