Section 23.24, Wis. Stats. Section 23.22, Wis. Stats. s. 23.24(2)(a) requires the Department to implement efforts to protect and develop diverse and stable communities of native aquatic plants, regulate how aquatic plants are managed, and administer and establish by rule procedures and requirements for the issuing of aquatic plant management permits. . s. 23.24(2)(c) authorizes the promulgation of permit requirements specifying the quantity and species of aquatic plants that may be managed, the areas and times in which aquatic plants may be managed, the methods used for aquatic plant management activities and for disposing or using of aquatic plants, and plan requirements. s. 23.24(3)(b) authorizes the Department to require that an application for an aquatic plant management permit contain a plan for the Department’s approval as to how the aquatic plants will be managed, s. 23.24(3)(c) authorizes the Department to promulgate a rule to establish fees for aquatic plant management permits. Under the rule, the Department may establish a different fee for an aquatic plant management permit to manage aquatic plants that are in a body of water that is entirely confined on the property of one property owner. s, 23.24(4)(c) authorizes the Department to promulgate a rule to waive permit requirements for certain aquatic plant management activities.
s. 23.24(2)(b) requires the Department to designate by rule which aquatic plants are invasive for the purposes of aquatic plant management. The Department is required to designate Eurasian Watermilfoil, Curly-Leaf Pondweed and Purple Loosestrife as invasive species and may designate any other aquatic plant as an invasive if it has the ability to cause significant adverse change to desirable aquatic habitat, to significantly displace desirable aquatic vegetation, or to reduce the yield of products produced by aquaculture. s. 23.22(2)(b) directs the Department to create and administer a statewide management plan to control invasive species and to administer the program in s. 23.24, Wis. Stats., as it relates to invasive aquatic plants. s. 23.22(2)(c) requires the Department to promulgate rules to establish a cost-sharing grant program for projects to control invasive species.
s. 281.17(2), requires the Department to supervise chemical treatment of waters for the suppression of nuisance-producing organisms that are not specifically regulated under s. 23.24 (2), Wis. Stats. s. 281.68(1m) requires the Department to develop and administer a financial assistance program to provide lake management planning grants. s. 281.68(3)(a) requires the Department to promulgate rules for the administration of the lake management planning grant program. s. 281.68(3)(bg) requires the Department to promulgate rules for the administration of the lake monitoring and protection contracts program, s. 281.69(1m) requires the Department to develop and administer a financial assistance program to provide grants for lake management and classification projects. s. 281.69(3) requires the Department to promulgate rules to administer and determine eligibility for grants for lake management projects. s. 281.69(5)(a) requires the Department to promulgate rules to administer and determine eligibility for grants for lake classification projects. s. 281.70(2) requires the Department to develop and administer a financial assistance program to provide grants for planning projects and management projects for river protection. ss. 281.70(4)(b), (5), and (6) require the Department to promulgate rules to establish qualifications for eligible recipients and designate eligible activities for river protection grants. s. 227.11(2)(a) authorizes the Department to promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute. s. 227.11(2)(b) authorizes the Department as an agency authorized to exercise discretion in deciding individual cases to formalize general policies evolving from its decisions by promulgating the policies as rules. 5. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
The Department estimates that approximately 3500 hours of staff time will be required to complete the proposed rule.
6. List with description of all entities that may be affected by the proposed rule:
Public: Any lake association, district or unit of local government managing aquatic plants or aquatic invasive species and any lake, wetland or river user in Wisconsin where control activities take place.
Business/Industry: A large array of contractors, including: commercial pesticide applicators, pesticide manufacturers, mechanical harvesting contractors, mechanical harvesting manufacturers, SCUBA diver assisting manual removal, environmental consultants and manual removal tool manufacturers.
State Government: Department of Agriculture Trade and Consumer Protection (DATCP) serves as a partner with pesticide use, aquatic nursery growers and fish farms. The Department will work with DATCP to avoid duplicative processes to increase efficiencies.
Permit applicants: Any person, association, district or unit of local government managing aquatic plants or aquatic invasive species. The Department issued approximately 1,975 APM permits in 2019.
7. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:
The proposed changes for aquatic plant management program are in accordance with federal regulations:
•
Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). The EPA approves pesticide products for use, classifies according to toxicity and evaluates safety. These rules apply to everyone. The proposed rule revision clarifies the use of these products in waters of the state.•
The Clean Water Act (CWA) regulates waters in the United States, including setting minimum water quality standards, and regulates additives in waters as pollutants. According to the Cotton Council Decision in Federal Court (need case citation), additives, including pesticides, are required to have a National Pollutant Discharge Elimination System (NPDES). In Wisconsin, the Department issues WPDES in lieu of NPDES, thereby regulating the use at the state level rather than federal level.8. Anticipated economic impact of implementing the rule (note if the rule is likely to have an economic impact on small businesses):
The proposed changes for the aquatic plant management program will have a moderate economic impact after rule implementation. There will not be a significant economic impact on small businesses. The fee structure will increase to adequately fund program staff requirements. The Department anticipates that the cost to comply with minimum qualifications for applicators will consist of less than a day to study and take a free exam. Any specialized training required by the new rule would also be provided free, requiring only the individual’s time and possibly travel. Electronic permitting and multiple year permitting will decrease the time to apply for a permit and reduce staff time to process permits.
9. Anticipated number, month and locations of public hearings:
The Department anticipates holding one public hearing in the month of September 2021. Anticipated locations for this hearing is Madison in person, with a telepresence in Rhinelander, Green Bay, Milwaukee, Eau Claire and Superior. The Department will hold these hearings in these locations to provide convenient access for interested parties around the state, as well as the infrastructure to host real-time communications.
Contact Person:
Madi Johansen, Aquatic Plant Management Team Leader
(608)-267-3531
Preston D. Cole, Secretary
