3.   Types of professional skills necessary for compliance with the rules.
  There are no additional professional skills necessary for compliance with the rules.
4.   Rules have a significant economic impact on small businesses.
  No. Rules not submitted to Small Business Regulatory Review Board.
Environmental Impact
Notice is hereby given that the Department has prepared a preliminary Environmental Assessment (EA) on the proposed rules. The preliminary recommendation is a finding of no significant impact. Copies of the preliminary EA are available from the Department on request and will be available at the public hearings. Requests for the EA and comments on the EA should be directed to:
Division of Department of Commerce
P.O. Box 2689
Madison, WI 53701
Telephone (608) 266-8741
or TTY (608) 264-8777
Written comments will be accepted until July 11, 2011.
Fiscal Estimate
State fiscal effect
None.
Local government fiscal effect
No local government costs.
Assumptions used in arriving at fiscal estimate
The Safety and Buildings Division is responsible for administering and enforcing rules relating to the design, installation or construction, inspection and maintenance of private onsite wastewater treatment systems. The proposed rules consist of updates of chapters Comm 81 to 84 relating to private sewage systems.
The proposed rules implement the mandates imposed by 2009 Wisconsin Act 392. The Act affects governmental units (counties) by setting deadlines for the completion of an inventory of private sewage systems within their jurisdictions. However, Act 392 does not impose any additional responsibilities that would have a fiscal effect.
Anticipated costs incurred by the private sector
The proposed rules will not have a significant effect on the private sector.
Long-range fiscal implications
No long-range fiscal implications are anticipated.
Agency Contact Person
Roman Kaminski, Program Manager, roman.kaminski@wisconsin.gov, (715) 345-5334.
Notice of Hearing
Natural Resources
Fish, Game, etc., Chs. NR 1
(DNR # WM-02-11)
NOTICE IS HEREBY GIVEN that pursuant to sections 23.09 (2) (b), 29.011, 29.014, 29.063 (3), 29.335, 29.361, and 227.11, Stats, the Department of Natural Resources will hold public hearings on revisions to Chapters NR 10, 15, 19 and 45, Wis. Adm. Code, relating to game and hunting, game refuges and the use of department managed properties.
Hearing Information
Date and Time   Location
June 28, 2011   Natural Resources State Office
Tuesday     Building (GEF-2), Room 608     at 1 P.M.     101 South Webster Street
    Madison, WI 53703
Pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Scott Loomans at (608) 267-2452 with specific information on your request at least 10 days before the date of the scheduled hearing.
Submittal of Written Comments and Copies of Proposed Rule
The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Scott Loomans, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until June 29, 2011. 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. Loomans.
Analysis Prepared by the Department of Natural Resources
Statutory authority and explanation of agency authority
Statutes that authorize the promulgation of this rule order include ss. 23.09 (2) (b), 29.011, 29.014, 29.063 (3), 29.335, 29.361, and 227.11, Stats. These sections grant rule making authority to the department to manage department lands, establish open and closed seasons for hunting and to establish other regulations for hunting and trapping. All rules promulgated under this authority are subject to review under ch. 227, Stats.
Statute(s) interpreted and explanation
In promulgating this rule, ss. 23.09 (2) (b), 29.011, 29.014, 29.063 (3), 29.335, 29.361 and 227.11, Stats., have been interpreted as providing the department with the authority to make these housekeeping clarifications. Statutes establish trap tagging requirements, which were updated by 2009 Act 38, and provisions in administrative code are no longer needed.
Plain language analysis
The intent of these rule changes is to correct drafting errors, provide clarification to existing rules, simplify regulations, and update administrative code language and references. Policy issues affected by this rule are ones which have already been addressed by previous rulemaking. The proposed rules will:
1. Clarify that the definitions of “animal part or animal byproduct" and “carcass" apply to bear baiting regulations as well as to deer baiting and feeding. These sections also clarify that eggs are not legal to use as bear bait and milk is, consistent with current interpretation. Lastly, this proposal clarifies that the term carcass includes domestic as well as wild animal carcasses.
2. Relax the deer registration requirement in the CWD management zone so that it is consistent with the registration requirements for archery hunters in the rest of the state.
3. Eliminate the April 10 elk permit application deadline in order to allow more time for people to submit applications. A new deadline will not be established by rule.
4. Allow the use of no. 8 gauge shotguns for waterfowl hunting as long as the gun is modified so that the chamber cannot hold cartridges larger than no. 10 gauge and no larger cartridges are possessed.
5. Repeal trap tagging information that is unnecessary because there is a specific statutory requirement and because 2009 ACT 38 allowed use of a department issued customer identification number instead of name and address information.
6. Correct the location information of Vernon Marsh Wildlife Management area in Waukesha County to include acreage in an additional township.
7. Clarify that the prohibition on the placement of personal property on department lands also applies to items left out to mark or “reserve" trap locations if the season is not open.
Related statute or rule
There are no state rules or statutes currently under promulgation that directly relate to the provisions that are proposed in this administrative order.
Comparison with similar rules in adjacent states
These rule change proposals do not represent significant policy changes and do not differ significantly from surrounding states. All surrounding states have regulations and rules in place for the management and recreational use of wild game and furbearer species that are established based on needs that are unique to that state's resources and public desires.
Federal regulatory analysis
These state rules and statutes do not relieve individuals from the restrictions, requirements and conditions of federal statutes and regulations. Regulating the hunting and trapping of native species has been delegated to state fish and wildlife agencies. Additionally, none of the proposed rules exceed the authorities granted to states in 50 CFR part 10.
Summary of factual data and analytical methodologies
This rule order is necessary to correct inconsistencies created through the promulgation of other rules and statutes, update code language, correct previous drafting errors, and to clarify existing administrative code language. The rule changes included in this order do not deviate from current department policy on the management of wildlife and the regulation of hunting and trapping.
Effect on Small Business
Pursuant to s. 227.114, Stats., it is not anticipated that the proposed rules will have a significant economic impact on small businesses.
Small business regulatory coordinator
The Department's Small Business Regulatory Coordinator may be contacted at SmallBusiness@dnr.state.wi.us or by calling (608) 266-1959.
Environmental Impact
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.
Fiscal Estimate
State fiscal effect
Increase costs-may be possible to absorb within agency's budget.
Local government fiscal effect
No local government costs.
Fund sources affected
SEG.
Assumptions used in arriving at fiscal estimate
Annually the department updates administrative code language to correct inconsistencies, update outdated language and provide clarification where appropriate. The department anticipates no fiscal impact. This year, the department is proposing changes that would:
  Clarify that the definitions of "animal part or animal byproduct" and "carcass" are general definitions not limited to deer baiting regulations.
  Relax deer registration requirements in the CWD management zone.
  Eliminate the April 10 elk permit application deadline in order to allow more time for people to submit applications.
  Allow the use of no. 8 gauge shotguns for waterfowl hunting when the gun is modified for no. 10 gauge cartridges.
  Repeal a trap tagging requirement that is unnecessary because there is a specific statutory requirement.
  Correct the location information of Vernon Marsh Wildlife Management area in Waukesha County.
  Clarify that volunteer wildlife rehabilitators are subject to the same restrictions as basic license holders.
  Clarify that the prohibition on the placement of personal property on department lands also applies to items left out to mark or "reserve" trap locations if the season is not open.
Long-range fiscal implications
No long range fiscal implications are anticipated.
Anticipated costs incurred by the private sector
These rules, and the legislation which grants the department rule making authority, do not have a significant fiscal effect on the private sector. Additionally, no significant costs are associated with compliance to these rules.
Agency Contact Person
Scott Loomans, 101 South Webster St., P.O. BOX 7921, Madison, WI 53707-7921. (608) 267-2452, scott.loomans@wisconsin.gov.
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Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.