SECTION 87 adds a definition of "wholesale fish dealer" based on the statutory definition since the term is used in this chapter of administrative code, and clarifies the relationship of the statutory definition to commercial fishing licensees.
6. Summary of, and Comparison with, Existing or Proposed Federal Statutes and Regulations:
No federal statutes or regulations apply. 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.
7. If Held, Summary of Comments Received During Preliminary Comment Period
and at Public Hearing on the Statement of Scope:
No preliminary public hearing and comment period were required.
8. Comparison with Similar Rules in Adjacent States:
Fisheries management rules are generally similar in the states surrounding Wisconsin. Neighboring states employ seasons, quotas, gear restrictions, reporting requirements, limitations on the number of licenses, and other regulations to regulate their commercial fishing industry, and have also established license, record-keeping and reporting requirements and other regulations for wholesale fish dealers.
9. Summary of Factual Data and Analytical Methodologies Used and How Any Related Findings Support the Regulatory Approach Chosen:
The Bureaus of Fisheries Management and Law Enforcement evaluated ch. NR 25, Wis. Admin. Code for ways to better organize the provisions that apply to commercial fishers, wholesale fish dealers, or both, as well as to make language less confusing and easier to navigate. All changes are very minor in nature and do not impact the existing operations of commercial fishers and wholesale fish dealers. 10. Analysis and Supporting Documents Used to Determine the Effect on Small Business or in Preparation of an Economic Impact Report:
This rule is anticipated to have no economic impact on small businesses, because it is not making any substantive changes to the regulatory function of rule provisions in ch. NR 25, Wis. Admin. Code. 11. Effect on Small Business (initial regulatory flexibility analysis):
No economic effects are anticipated for small businesses as a result of this rule. In addition, this rule does not impose any new compliance or reporting requirements, nor are any changes to design or operational standards contained in the rule.
13. Place where comments are to be submitted and deadline for submission:
Written comments may be submitted at the public hearings, by regular mail, or email to:
Meredith Penthorn
Department of Natural Resources
101. S. Webster St.
Madison, WI 53704
RULE TEXT
Section 1 Chapter NR 25 (title) is repealed and recreated to read:
NR 25 COMMERCIAL FISHING in OUTLYING WATERS and wholesale fish dealers
Section 2 Chapter NR 25, Subchapter I (title) [precedes NR 25.01] is created to read: Subchapter I - General Provisions
Section 3 NR 25.01 (1) is amended to read:
NR 25.01 (1) This chapter, along with other applicable rules and statutes, regulates commercial fishing in the outlying waters and wholesale fish dealers doing business in Wisconsin.
Section 4 NR 25.01 (3) (ag) and (ar) are created to read:
Section 5 NR 25.01 (3) (j) is repealed.
Section 6 NR 25.01 (3) (k) is amended to read:
Section 7 NR 25.02 (1) is renumbered NR 25.027 (1).
Section 8 NR 25.02 (2) is renumbered NR 25.027 (2).
Section 9 NR 25.02 (2m) is renumbered NR 25.027 (3) and is amended to read:
NR 25.027 (3) “Catch-per-unit-of-effort” “CPE” means catch-per-unit-of-effort, which is the average number of fish caught per 1,000-foot lift of gill net or per lift of trap net, and includes all dead and live fish.
Section 10 NR 25.02 (3m) is renumbered NR 25.027 (4).
Section 11 NR 25.02 (4) is renumbered NR 25.027 (5).
Section 12 NR 25.02 (5) is renumbered NR 25.027 (6).
Section 13 NR 25.02 (8) is renumbered NR 25.027 (7).
Section 14 NR 25.02 (9) is renumbered NR 25.027 (8) and is amended to read:
NR 25.027 (8) “Commercial fishing gear" or “commercial gear" is that equipment identified in or regulated by this chapter, with the exception of hook and line or angling equipment, gear for the taking of smelt pursuant to s. NR 20.20, or the taking of minnows. Section 15 NR 25.02 (9m) is renumbered NR 25.027 (9).
Section 16 NR 25.02 (10) is renumbered NR 25.027 (10).
Section 17 NR 25.02 (11) is amended to read:
NR 25.02 (11) “Condition of the fish" or “description of the fish” means the form that fish are in, and includes but is not limited to fresh round, fresh dressed, frozen dressed, fresh fillet, frozen fillet, fresh chunked, frozen chunked, smoked dressed, smoked fillet, smoked chunked, fresh snipped or frozen snipped.
Section 18 NR 25.02 (13) is renumbered NR 25.027 (11).
Section 19 NR 25.02 (14) is renumbered NR 25.027 (12).
Section 20 NR 25.02 (17) is renumbered NR 25.027 (13).
Section 21 NR 25.02 (18) is renumbered NR 25.027 (14).
Section 22 NR 25.02 (18m) is renumbered NR 25.027 (15).
Section 23 NR 25.02 (19) is renumbered NR 25.027 (16).
Section 24 NR 25.02 (20) is renumbered NR 25.027 (17).
Section 25 NR 25.02 (21) is renumbered NR 25.027 (18).
Section 26 NR 25.02 (22) is renumbered NR 25.027 (19).
Section 27 NR 25.02 (27) is renumbered NR 25.027 (20).
Section 28 NR 25.02 (29) is renumbered NR 25.027 (21).
Section 29 NR 25.02 (30) is renumbered NR 25.027 (22).
Section 30 NR 25.02 (32) is renumbered NR 25.027 (23).
Section 31 NR 25.02 (33) is renumbered NR 25.027 (24) and is amended to read:
NR 25.027 (24) “High value species" means whitefish when a commercial fisher’s whitefish individual catch quota in any zone is less than 13,656 pounds and yellow perch.
Section 32 NR 25.02 (35) is renumbered NR 25.027 (26).
Section 33 NR 25.02 (37) is renumbered NR 25.027 (27).
Section 34 NR 25.02 (38) is renumbered NR 25.027 (28).
Section 35 NR 25.02 (40) is renumbered NR 25.027 (29).
Section 36 NR 25.02 (41) is renumbered NR 25.027 (30).
Section 37 NR 25.02 (42) is renumbered NR 25.027 (31).
