4. Detailed explanation of statutory authority for the rule (including the statutory citation and language):
Section 29.014, Wis. Stats., “rule-making for this chapter,” grants the department the authority to establish and maintain open and closed seasons, bag limits, size limits and other conditions that will conserve fish populations and provide good fishing opportunities for the citizens of the state. Section 29.041, Wis. Stats provides that the department may regulate fishing on and in all interstate boundary waters and outlying waters. Section 29.053 (2), Stats., provides that the department may establish conditions governing the taking of fish for the state as a whole, for counties or parts of counties, or for waterbodies or parts of waterbodies. 5. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
The department estimates spending 200 hours developing this rule, including holding public meetings and hearings.
6. List with description of all entities that may be affected by the proposed rule:
This rule would mainly affect participants in the Lake Winnebago sturgeon spearfishery. Some businesses that sell underwater cameras and other fishing technology may be impacted, but exact impacts are unknown since people can purchase this equipment from a variety of online and in-person sources. Additionally, the department is uncertain of the number of spearers that may continue or discontinue purchasing electronic equipment for use during other fishing seasons if a technology prohibition is in place during the sturgeon spearing season.
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 currently apply. States possess inherent authority to manage the fishery and wildlife resources within their boundaries, except insofar as preempted by federal treaties and laws, including regulations established in the Federal Register. The U.S. Fish and Wildlife Service is currently reviewing the conservation status of the lake sturgeon populations throughout the United States, but no action has been taken to further regulate lake sturgeon on a federal level.
8. Anticipated economic impact of implementing the rule (note if the rule is likely to have an economic impact on small businesses):
Economic impacts are expected to be minimal, if any. The rule is mainly applicable to individual anglers and imposes no compliance or reporting requirements for small business, nor are any design or operational standards contained in the rule.
9. Anticipated number, month and locations of public hearings:
The department anticipates holding 2 public hearings in the month of November 2021. Hearing cities will be: Appleton, WI and Fond du Lac, WI.
The department will hold these hearings in these locations to obtain public input from Winnebago sturgeon spearing season participants.
