This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
The department has implemented varying emergency rules for the Lake Superior fishery over the past three years. A permanent rule has not yet been created because of the status of negotiations with the tribes. However, a permanent rule process may be conducted in 2016 and 2017 so it is in place before the start of the November 2017 lake trout season.
4. Detailed explanation of statutory authority for the rule (including the statutory citation and language):
Section 29.014 (1), Stats., directs the department to establish and maintain any bag limits and conditions governing the taking of fish that will conserve the fish supply and ensure the citizens of this state continued opportunities for good fishing.
Section 29.041, Stats., provides that the department may regulate fishing on and in all interstate boundary waters and outlying waters.
Section 29.519 (1m) (b), Stats., grants discretion to the department to establish commercial fish species harvest limits after giving due consideration to the recommendations made by the commercial fishing boards. It also specifies that the limitations on harvests must be based on the available harvestable population of fish and in the wise use and conservation of the fish, so as to prevent over-exploitation.
5. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
Employees will likely spend more than 240 hours developing the emergency rule, including travel time to meet with the Red Cliff and Bad River Bands of Lake Superior Chippewa.
6. List of all entities that may be affected by the proposed rule:
State-licensed commercial fishers on Lake Superior
Tribal-licensed commercial fishers on Lake Superior
Recreational fishers on Lake Superior
Recreational fishing guides and charter fishing businesses
State-licensed commercial fishers will be affected by the amount of fish they are able to harvest. It is not expected that fishers will have any compliance expenditures or reporting changes associated with the rule.
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:
No federal regulations apply. None of the rule proposals violate or conflict with federal regulations.
8. Anticipated economic impact of implementing the rule:
The rule will impact the harvest of lake trout and other species by commercial fishers and recreational fishers. The rule may alter the amount of gillnet effort commercial fishers can use to target lake whitefish, which is the primary species sought by commercial fishers. Lake trout are often caught in the same nets as whitefish. However, the impact of reduced gillnet footage can be buffered if commercial fishers shift to using trap nets, which are not subject to the same effort restrictions governing gillnets. Recreational fishers may be affected by a change in daily bag limits or size limits, but this is not expected to cause any expenditures for recreational fishers. The proposed rule would have an effect on small businesses that conduct commercial fishing and a potential indirect effect on fishing guides and charter fishing businesses, but would not impose any compliance or reporting requirements.
The rule imposing harvest limits is necessary in order to ensure a sustainable fishery over the long-term that provides an economic and natural resource benefit for all affected. The rule may have a moderate economic impact (Governor’s Executive Order 50, level 2 economic impact analysis above $50,000 but less than $20 million), but an exact amount of impact is unknown at this time. If a permanent rule is pursued, the Department will conduct an economic impact analysis to gather comments from any individuals, businesses, local governments, or other entities that expect to be affected economically by the rule change.
9. Anticipated number, month and locations of public hearings:
The Department anticipates holding two public hearings in fall 2016 for the emergency rule. Hearing cities will likely be Ashland and Saxon, WI. Locations and times for a permanent rule will be determined.
Contact Person: Terry Margenau, Lake Superior Fisheries Supervisor, 715-779-4035
Loading...
Loading...
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.