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 should uphold the wise use and conservation of the fish, so as to prevent overexploitation. Section 29.519 (5), Stats. authorizes the department to determine the methods that commercial fishers must use to submit commercial fishing records and reports. Section 29.973, Stats., directs the department to establish and implement a commercial fish reporting system. 5. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
Approximately 450 hours will be required to hold public meetings to discuss rule options, develop rule language and hold public hearings.
6. List with description of all entities that may be affected by the proposed rule:
Wisconsin-licensed commercial fishers, wholesale fish dealers, and others whose businesses are tied to commercial fishing will be affected by this rule. Great Lakes commercial fishers will be impacted by potential changes to the harvest reporting systems. Sport fishers, fishing guides, and related fishing businesses on Green Bay may be impacted by a potential geographical shift or increase in commercial fishing effort for whitefish. A perception of increased fishing pressure or increased commercial net use may cause some sport fishers to alter their fishing patterns, especially in the waters of Green Bay. Southern Green Bay is a very popular sport fishing location, including for whitefish, and sport anglers may not support potential commercial fishing increases and related game fish bycatch in this area. Currently, the combined harvest of sport and commercial fishers is below the Wisconsin Lake Michigan commercial whitefish quota. However, increased commercial harvest in southern Green Bay may create user conflicts between sport and commercial fishers. Adequate education and enforcement would be needed to help prevent additional commercial gear from interfering with sport fishing, and vice versa.
During development of this rule, the department will conduct comprehensive outreach to stakeholders to gain input, and will aim to balance the needs of all stakeholders.
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 (note if the rule is likely to have an economic impact on small businesses):
The rule will impact the harvest of lake whitefish by commercial fishers, and exact economic impacts are likely to vary among commercial fishers. Because of the shift in distribution and overall decline in lake whitefish populations, some commercial fishers could have a reduction in their individual harvest quotas or percentage of the harvest while others have an increase. Certain areas or the whole fishery may be further restricted by season and methods. However, the overall economic impact may be positive for the commercial industry because the rule would allow for more efficient harvest to make full use of the available lake whitefish commercial stocks.
The rule may also have a minimal economic impact on sport anglers, guides and charter businesses, especially if commercial fishers shift part of their harvest effort to Green Bay. This could affect the density and distribution of sport anglers in Green Bay, including those that are targeting game fish other than whitefish. However, fishing may also improve in areas where commercial fishing is lessened due to revised quota allocations.
The rule changes are necessary in order to ensure a sustainable lake whitefish fishery over the long-term and to better allow commercial fishers to harvest the total allowable commercial catch for whitefish. The rule may have a moderate economic impact in the Lake Michigan region, but an exact amount of impact is unknown at this time. 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. In addition, the department will seek advice from the Lake Michigan Commercial Fishing Board when developing the rule.
The rule may also revise commercial harvest reporting requirements for Lake Superior, Lake Michigan or both. Transitioning to full implementation of the electronic reporting system for all commercial fishers may have a minimal impact since some commercial fishers would need to obtain a computer or cell phone to enter reporting information electronically.
The proposed rule would likely not contain any design or operational standards.
9. Anticipated number, month and locations of public hearings:
The department anticipates holding two public hearings in the month of July 2020. Hearing cities will be: Cleveland, WI and Green Bay, WI.
The department will hold this hearing in these locations to obtain public input on the rule from Lake Michigan-area commercial and sport fishers.
Contact Person: Brad Eggold, Great Lakes district fisheries supervisor, 414-303-0138; Meredith Penthorn, policy specialist, 608-316-0080
Preston D. Cole, Secretary
Date Submitted
