This statute expressly confers on DOJ the general power to determine whether administrative rules interpreting those statutory provisions in Act 35 that are to be enforced or administered by DOJ are necessary to effectuate the purpose of those statutory provisions and, if such necessity is found, to promulgate such administrative rules, as long as those rules do not exceed the bounds of correct interpretation of the governing statutes.
DOJ finds that the rules here proposed are necessary to effectuate those portions of ss.
175.49 and
175.60 that require DOJ to establish and operate procedures governing:
•
the issuance of concealed carry licenses to qualified applicants, including verification that each applicant has satisfied the applicable statutory training requirements, has passed the mandatory background check, and has met all of the other statutory eligibility requirements for a license;
•
the issuance of concealed carry certification cards to qualified former federal law enforcement officers residing in Wisconsin, including verification that each applicant has satisfied the applicable firearm certification requirements, has passed the mandatory background check, and has met all of the other statutory eligibility requirements for certification;
•
the administration of concealed carry licenses and certifications that have been issued by DOJ, including the maintenance and treatment of records; the receipt and processing of information from courts about individuals subject to a court-imposed disqualification from possessing a dangerous weapon; the renewal of licenses and certifications and the replacement of those that are lost, stolen, or destroyed; the processing of address changes or name changes for licenses and certifications; procedures and standards for revoking or suspending a license or certification; procedures for the administrative review by DOJ of any denial, suspension, or revocation of a license or certification; and procedures governing DOJ's cooperation with courts and law enforcement agencies in relation to emergency licenses issued by a court; and
•
the qualification and certification of firearms instructors by DOJ and the identification of those firearm instructors who are certified by a national or state organization.
DOJ further finds that the rules here proposed:
•
do not exceed the bounds of correct interpretation of ss.
175.49 or
175.60;
•
are authorized by the statutes described above and are not based on authority derived from any other statutory or nonstatutory statements or declarations of legislative intent, purpose, findings, or policy;
•
are authorized as necessary interpretations of the specific requirements of ss.
175.49 and
175.60 and are not based on authority derived from any other general powers or duties of DOJ; and
•
do not impose any standards or requirements that are more restrictive than the standards and requirements contained in ss.
175.49 and
175.60.
The rules proposed here may be promulgated as emergency rules under s.
227.24 (1) (a), Stats., which provides:
An agency may promulgate a rule as an emergency rule without complying with the notice, hearing and publication requirements under this chapter if preservation of the public peace, health, safety or welfare necessitates putting the rule into effect prior to the time it would take effect if the agency complied with the procedures.
DOJ finds that the public welfare necessitates promulgating the proposed rules as emergency rules under s.
227.24 (1) (a), Stats. For the reasons already described in Section 1 above, in order to ensure continuity and avoid confusion and disruption in the operation of the rules governing the concealed carry permit program, it is necessary for DOJ to promulgate revised emergency rules that do not include the provisions of the existing emergency rules that were suspended by JCRAR on November 7, 2011. The preservation of such continuity and the avoidance of such confusion and disruption is plainly in the public interest. The public welfare thus necessitates that the proposed rules be promulgated as emergency rules under s.
227.24, Stats. Once these emergency rules have been promulgated, DOJ will continue the permanent rulemaking process that is already under way.
Estimate of the Amount of Time that State Employees will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
It is estimated that state employees will spend approximately 10 hours on the rulemaking process for the emergency rules proposed here, primarily for compliance with required rulemaking procedures.
Description of all Entities that may be Impacted by the Rule
The proposed rules governing procedures and standards for the issuance and administration of concealed carry licenses under s.
175.60, Stats., directly affect the interests of all Wisconsin residents who wish to apply for a license to carry a concealed weapon. In addition, the proposed rules also indirectly affect the interest of the general public to the extent that the proper training and licensing of concealed carry licensees generally affects public safety.
The proposed rules governing procedures and standards for the issuance and administration of certification cards under s.
175.49 (3), Stats., directly affect the interests of all former federal law enforcement officers residing in Wisconsin who wish to apply for such certification. In addition, the proposed rules also indirectly affect the interest of the general public to the extent that the proper firearm certification of former law enforcement officers generally affects public safety.
The proposed rules governing the procedures and standards for the qualification and certification of firearms instructors by DOJ under s.
175.60 (4) (b), Stats., directly affect the interests of all eligible persons who wish to apply for such certification. The proposed rules identifying those firearm instructors who are certified by a national or state organization, as provided in s.
175.60 (4) (a), Stats., directly affect the interests of all persons who wish to claim such certification as a basis for providing training in firearms and firearm safety under that statute. In addition, the proposed rules also indirectly affect the interest of the general public to the extent that the proper certification of firearms instructors generally affects public safety.
Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
For persons other than current and former law enforcement officers, the regulation of the carrying of concealed weapons is primarily governed at the state level. Numerous federal statutes and regulations restrict the possession of weapons that have been shipped in interstate commerce, but there are no federal regulations that relate to the licensing of concealed carry by such persons, nor are there federal regulations governing the certification of firearms instructors for concealed carry purposes.
For qualified current and former law enforcement officers, state and local laws restricting the carrying of concealed firearms are federally preempted by 18 U.S.C. ss. 926B-926C (commonly referred to as “H.R. 218"). The provisions in
2011 Wis. Act 35 related to qualified current and former law enforcement officers are state-law codifications of the corresponding provisions in H.R. 218. Similarly, the rules proposed here governing procedures and standards for the issuance and administration of concealed carry certification cards for qualified former federal law enforcement officers also codify corresponding provisions in the federal law.
Contact Person
Assistant Attorney General Clayton P. Kawski, (608) 266-7477.
Natural Resources
Fish, Game, etc., Chs.
NR 1—
This statement of scope was approved by the governor on February 15, 2012.
Rule No.
WM-05-12(E) (Revises Chapter
NR 10)
Relating to
Reestablishing a four day, October, anterless-only firearm deer season in the CWD Management Zone.
Description of the Objective of the Rule
This emergency rule proposal would re-establish the annual October, antlerless-only, four day firearm deer season that has been held in the chronic wasting disease management zone.
Description of Existing Policies Relevant to the Rule and of New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives; the History, Background and Justification for the Proposed Rule
Under 2011 ACT 50, if the department elects to continue holding the four day, antlerless-only, firearm deer season prior to the traditional nine day firearm season, it must do so by enacting emergency rules each year. This season may only be held in areas where a chronic wasting disease management zone has been established. The season would begin on Thursday, October 11.
Since 2002, the department has held an October firearm deer season to provide hunting opportunity and for herd management and disease control purposes in the chronic wasting disease management zone. Deer population reduction is the available disease control method most likely to be effective in controlling CWD in free-ranging deer. Over the past 50 years, regulated hunting has been shown to be an ecologically sound, socially beneficial, and fiscally responsible method of managing deer populations. Hunter harvest in the CWD Management Zone during the past eight years appears to have reduced the deer population in this region, although it has not been sufficient to cause substantial, widespread population decline. An October season helps maintain a consistent hunting-season structure that improves hunter understanding of regulations and enhances both compliance and enforcement of those regulations. A consistent season framework also makes it easier to evaluate management efforts.
Statutory Authority for the Rule (Including the Statutory Citation and Language)
In promulgating this rule, ss.
29.014,
29.016 (2) (b),
29.063 and
227.24, Stats., have been interpreted as providing the department with the authority to make modifications to deer hunting seasons.
Estimate of the Amount of Time that State Employees will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
Approximately 73 hours will be needed by the department prior to and following adoption by the board.
Description of all Entities that may be Impacted by the Rule
Interested groups and individuals are those who are concerned about deer management including hunters and people whose interests involve agriculture, environment, forestry, wildlife viewing, and non-hunting related outdoor recreation that occurs during deer hunting seasons.
Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
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.
Anticipated Economic Impact of the Rule
No economic impacts are anticipated. The hunting season framework proposed in this rule is identical to the season framework that was in place during the previous season.
Contact Person
Scott Loomans, Wildlife Regulation Policy Specialist, 101 S. Webster Street, PO Box 7921, Madison WI 53707-7921, (608) 267-2452 or Kevin Wallenfang, Big Game Specialist, 101 S. Webster Street, PO Box 7921, Madison WI 53707-7921, (608) 261-7589.
Natural Resources
Fish, Game, etc., Chs.
NR 1—
This statement of scope was approved by the governor on February 15, 2012.
Rule No.
WM-03-12(E) (Revises Chapter
NR 10)
Relating to
Modifying Chapter
NR 10 related to the bobcat hunting and trapping season.
Description of the Objective of the Rule
This rule would establish the 2012 bobcat hunting and trapping season framework.
Description of Existing Policies Relevant to the Rule and of New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives; the History, Background and Justification for the Proposed Rule
Through this rulemaking, the department will propose continuing the current trial bobcat season framework that was split into two separate time periods in 2010 and 2011. The alternatives to be considered are reverting back to a single, straight season framework, or extending the trial period in order to allow additional evaluation.
In 2010 and 2011, the bobcat season was split into two separate permit periods: the Saturday nearest Oct. 17 - Dec. 25 and Dec. 26 to Jan 31. There appears to have been public support for the new season framework and the opinion of department staff is that it provides the tools for sound use, management and protection of the bobcat resource. If emergency rules are not promulgated, the season automatically reverts back to a single permit period beginning on the Saturday nearest October 17 and continuing through December 31 in 2012. Some people will view a reversion to the single season framework as a reduction of opportunity that is not socially acceptable. Frequent change of season dates and regulations for hunting and trapping can be confusing and disruptive to the public, can result in citations being issued, and is not necessary for protection of the bobcat population in this situation. Therefore, this emergency rule is needed to preserve the public welfare.
During this rule making process the impacts of the split season framework and public opinion will be evaluated, including through consideration of voting on an advisory question at the April, 2012 spring hearings in each county. If there is support, this rule proposal will be followed by permanent rules.
Statutory Authority for the Rule (Including the Statutory Citation and Language)
Estimate of the Amount of Time that State Employees will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
144 hours.
Description of all Entities that may be Impacted by the Rule
Groups likely to be impacted or interested in this rulemaking are bobcat hunters and trappers, including members of groups such as the Wisconsin Trappers Association, Bear Hunters Association, Wildlife Federation, and the Conservation Congress.
Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
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.
Anticipated Economic Impact of the Rule
No economic impacts are anticipated. The hunting season framework proposed in this rule is identical to the season framework that was in place during the previous season.
Contact Person
Scott Loomans, 101 S Webster St., Madison, WI 53707, (608)267-2452,
scott.loomans@wisonsin.gov or John Olson, 2501 Golf Course Road, Ashland, WI 54806, (715) 685-2934,
johnf.olson@wisconsin.gov
Natural Resources
Fish, Game, etc., Chs.
NR 1—
This statement of scope was approved by the governor on February 15, 2012.
Rule No.
WM-02-12(E) (Revises Chapter
NR 10)
Relating to
Establishing the 2012 Migratory Bird Season Framework.
Description of the Objective of the Rule
This emergency rule order will establish the 2012 migratory bird hunting seasons.
Description of Existing Policies Relevant to the Rule and of New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives; the History, Background and Justification for the Proposed Rule
