In promulgating these rules the department will consider economic factors, healthy fish populations, and fishing opportunities. The department has been in extensive consultation with interested parties, including fishing groups and the aquaculture industry.
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 to activities that occur entirely within the state. States possess inherent authority to manage the fishery and wildlife resources located within their boundaries, except insofar as preempted by federal treaties and laws, including regulations established in the Federal Register.
For activities involving movement of fish or eggs between the states, a violation of state law constitutes a violation of federal law under the Lacey Act. Violations would be enforceable by agents of the United States Fish & Wildlife Service.
The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service lifted the Viral Hemorrhagic Septicemia Federal Order that was first issued in 2006. By removing the Federal Order, which had become duplicative with state regulations, the service still has a goal to protect the health of farmed and wild fish while also supporting the interstate movement needs of the aquaculture industry. Interstate movement of VHS-susceptible species of live fish from VHS-affected or at-risk states, including: Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania and Wisconsin is no longer federally restricted. Salmonid importation requirements under title 50 of the Code of Federal Regulations are still in effect.
8. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses):
These revisions to regulations that impact the aquaculture industry are likely to result in economic benefits to the industry, and the state economy. The rule may have a moderate economic impact on the acquaculture industry, but an exact amount of impact is unknown at this time. Any impact should be beneficial. The department has met with the representatives of the acquaculture industry state-licensed commercial fishing representatives and held public meetings to consider policies and regulations on a variety of issues.
Beneficial impacts would be a result of additional opportunities for businesses in the acqauculture industry. For instance, unique wild genetics may be made available, public and private partnerships to produce fish may be created, and various regulations on the movement or possesson of fish could be modified as a result of this rulemaking process.
The rule is not likely to impose new compliance or reporting requirements or operational standards. Requirements such as when to test fish for viral hemorrhagic septicemia will be considered as the department and interested parties conduct the evaluations required by 2017 Act 21. However, the department can require testing under current rules and that is not likely to be a topic of the resulting rule proposal. The department will develop a preliminary economic impact anlaysis and hold a comment period pursuant to Governor’s Executive Order 50, Section IV, in summer 2018. Fiscal impacts on the department will also be summarized in this analysis.
9. Anticipated number, month and locations of public hearings:
The Department anticipates holding two public hearings in the month of September 2018. The Department will hold these hearings in the Madison and Wausau areas.
Contact Person:
Scott Loomans, Fisheries Program and Policy Analyst
(608) 266-5206
