Changes in WI DNR WNS hearing text

[John Lovaas]

I just noticed some new, more specific information on what the WI DNR proposes to do with the NR40 rule at the hearings page:

http://dnr.wi.gov/org/caer/ce/news/hearmeet.html

"...The proposed changes to ch. NR 40, Wis. Adm. Code, will add the fungus, Geomyces destructans, to the list of prohibited invasive species, allowing the department to effectively manage its spread and limit human transport. The changes would also: give department personnel access to mines or caves to monitor for the fungus that causes WNS; restrict the use of caving and mine equipment inside Wisconsin caves that has been used outside the state; require decontamination procedures for clothing, gear and other equipment that is taken in or near a cave or mine; and allow the department to work with landowners to install and maintain -- at no cost to the owner -- physical barriers to limit access to caves or mines by either people or bats. Existing rules ban the transportation (including importation), possession, transfer (including sale) and introduction of invasive species that are listed or identified as “prohibited”, with certain exceptions. Transportation, possession, transfer and introduction without a permit are exempt if the department determines that the transportation, possession, transfer or introduction was incidental or unknowing, and was not due to the person’s failure to take reasonable precautions. Existing rules authorize the department to enter property with the permission of the owner or person in control of the property and, if permission cannot be obtained, to seek an inspection warrant from the Circuit Court. Entry is only for the purpose of inspection, sampling or control of prohibited invasive species..."

[onebat]

This, along with the part about being able to access a landowners cave with or without his/her permission (court order) is scary to me. It gives me the impression of the state taking over private caves.


>allow the department to work with landowners to install and maintain -- at no cost to the owner -- physical barriers to limit access to caves or mines by either people or bats.

[tncaver]

I hope someone will challenge that ruling in court. Big brother growing bigger than ever before. I can't help but think the US Constitution has precedent
over Wisconsin DNR.

[Cheryl Jones]

Existing rules ban the transportation (including importation), possession, transfer (including sale) and introduction of invasive species that are listed or identified as “prohibited”, with certain exceptions. Transportation, possession, transfer and introduction without a permit are exempt if the department determines that the transportation, possession, transfer or introduction was incidental or unknowing, and was not due to the person’s failure to take reasonable precautions.

Scary stuff.

[BrianC]

This, along with the part about being able to access a landowners cave with or without his/her permission (court order) is scary to me. It gives me the impression of the state taking over private caves.


>allow the department to work with landowners to install and maintain -- at no cost to the owner -- physical barriers to limit access to caves or mines by either people or bats.

Did anyone actually think this would not happen?

[PYoungbaer]

More proposed changed in Wisconsin: They have now added a third proposed rule. According to a document filed on Wisconsin's Administrative Rules webpage, they include the authority to treat bats, such as with fungicides, and also to force cave owners, including cave owners to close their caves to bats. While they graciously say it will be at no cost to cave owners, the owners really have only two choices: Close their cave to everyone, but permit bats to stay; or exclude bats if they want people to continue to enter.

The public hearing dates have also been changed to only October 26 and November 29. Public comments may be submitted in writing (mail) by Nov. 29, but email comments can only be submitted by creating an on-line account. It takes a few minutes.

The new rule language is not yet posted, only a "statement of scope," which can be read here:

https://health.wisconsin.gov/admrules/public/Rmo?nRmoId=10083

[boogercaver71]

or exclude bats if they want people to continue to enter.

Won't that effectively kill the bats anyway? Why bother with concern over the fungus if you lock out the bats.

[tncaver]

More proposed changed in Wisconsin: They have now added a third proposed rule. According to a document filed on Wisconsin's Administrative Rules webpage, they include the authority to treat bats, such as with fungicides, and also to force cave owners, including cave owners to close their caves to bats. While they graciously say it will be at no cost to cave owners, the owners really have only two choices: Close their cave to everyone, but permit bats to stay; or exclude bats if they want people to continue to enter.

The public hearing dates have also been changed to only October 26 and November 29. Public comments may be submitted in writing (mail) by Nov. 29, but email comments can only be submitted by creating an on-line account. It takes a few minutes.

The new rule language is not yet posted, only a "statement of scope," which can be read here:

https://health.wisconsin.gov/admrules/public/Rmo?nRmoId=10083

I'm really disturbed by the fact that so many STUPID individuals are in positions of power in state and Federal government simply because they have
a degree, money, or know someone who got them their job. What a shame that common sense is no longer a viable reason to have a position of
authority. Sorry Benjamin Franklin, you would not be eligible today.

[MUD]

I'm really disturbed by the fact that so many STUPID individuals are in positions of power in state and Federal government simply because they have
a degree, money, or know someone who got them their job. What a shame that common sense is no longer a viable reason to have a position of
authority. Sorry Benjamin Franklin, you would not be eligible today.

Stupid is as stupid does.

[John Lovaas]

Here's the agenda item from

http://dnr.wi.gov/org/nrboard/2010/Octo ... Agenda.htm

"...Request adoption of Emergency Board Order IS-49-10(E) and request authorization for public hearings on Board Order IS-47-10, revision to ch. NR 40, regarding the management of bats and white-nose syndrome in Wisconsin (Erin Crain, Ecological Inventory and Monitoring Section Chief, and Gregor Schuurman, Conservation Biologist, 20 minutes)..."

As of this writing, the "green sheet" PDFs explaining what IS-47-10 and IS-49-10 haven't been posted. The deadline for public participation and written comments is at 4PM this Friday.

Sure would like to comment and participate- that's a challenge when there is nothing to comment on.

[onebat]

Sounds like that is the idea, not to let anyone know what's going on.



>Sure would like to comment and participate- that's a challenge when there is nothing to comment on.

[John Lovaas]

WIDNR just posted the PDF discussing their proposed WNS management rules-

http://dnr.wi.gov/org/nrboard/2010/Octo ... 10-3B1.pdf

This will be discussed on October 27 in Madison, WI.

28 pages. Enjoy. Deadline for written comments is 4PM this Friday- send to Laurie.Ross@wisconsin.gov

When submitting a written comment, please provide the following information:

1. Your Name
2. Name of Organization(s) you represent (if none, state that you are "representing self")
3. Topic or agenda item number and whether you support or oppose it
4. City of Residence
5. Phone Number
6. Email or mailing address (to receive confirmation of your appearance or receive a reply to your written comment)

[John Lovaas]

A couple of doozies already-

"...Equipment, gear, clothing and other objects may not be brought or placed into or near a cave or mine
if they have been in or near a cave or mine located outside of Wisconsin..."

Hey- that's me, and everything I own!

"...In the unlikely event that a cave or mine owner refuses to take requested actions to restrict access to
caves/mines to either humans or bats, the department may issue an order requiring such action and if
compliance is not forthcoming may take such actions itself pursuant to an inspection warrant..."

Hm. Property rights- overrated?

"...The cost of excluding bats at a cave with high human visitation would be $100-$500..."

Huh?

And the decontamination procedure- priceless:

"...any person removing any equipment, gear, clothing or other object of any kind from any cave or mine or from within 100 feet of any cave or mine or exiting any cave or mine or the area within 100 feet of any cave or mine with any equipment, gear, clothing or other object of any kind shall immediately decontaminate the equipment, gear, clothing and other objects..."

Yeah- I hear bleach and 409 really help spring wildflowers. Good for oak savannas, as well. Jesus H. Christ...

[graveleye]

someone contact the ACLU. This kind of stuff is right up their alley.

[Pippin]

I just wrote my response and was able to keep it fairly polite. Have all of your written a letter and asked all of your friends to do the same???