The purpose of this rule is to restructure, reorganize and simplify ch. NR 25, “Commercial Fishing – Outlying Waters.” These changes will aid the department and stakeholders in interpreting and implementing this chapter. This rule will not impose new regulations on commercial fishers, and changes will be of a minor nature. SECTION 1 revises the title of ch. NR 25 to appropriately reflect the contents of the chapter. SECTION 2 creates a new subchapter for the general provisions of ch. NR 25. SECTION 3 clarifies that the purpose of the chapter is not only to regulate commercial fishing in outlying waters, but also to regulate wholesale fish dealers doing business in Wisconsin. Wholesale fish dealer regulations have long been included in this chapter, but the organization of ch. NR 25 has not accurately reflected that wholesale fish dealers include both Wisconsin commercial fishers and other entities that are not commercial fishers. SECTIONS 4, 5, and 6 add and revise references to rule provisions that are applicable to treaty fishers in the absence of a Lake Superior fishing agreement and are being renumbered and reorganized in this rule.
SECTIONS 7, 8, 10 to 13, 15, 16, 18 to 30, and 32 to 62 renumber existing definitions to place them in a new commercial fishing subchapter.
SECTION 9 renumbers the definition of catch-per-unit-of-effort to place it in a new commercial fishing subchapter, and amends the definition to include CPE, a commonly used acronym.
SECTION 14 renumbers the definition of “commercial fishing gear” to place it in a new commercial fishing subchapter, and amends the definition to remove unnecessary language relating to recreational fishing gear that is not regulated under this chapter.
SECTION 17 modifies the definition of "condition of the fish" to clarify that "description of the fish" is a term also commonly used for the same purpose.
SECTION 31 renumbers the definition of “high value species” to place it in the commercial fishing subchapter, and amends the definition to clarify that in any zone where a commercial fisher’s individual catch quota is less than 13,656 pounds, whitefish are considered to be a high-value species.
SECTION 63 creates a new subchapter to better organize the regulations specific to commercial fishers and commercial fishing in outlying waters. This subchapter contains the definitions that are renumbered in the sections above.
SECTION 64 creates the definitions section in Subchapter II, which contains the definitions renumbered in the sections above, and also creates a definition of "home use fisher," a term that is used in this chapter but has not previously been defined.
SECTION 65 modifies the description of the yellow perch fishing seasons in Green Bay to be less confusing, and adds a map to better illustrate the restrictions.
SECTION 66 corrects the date of the end of the commercial ice fishing season to be March 31, which is the last day in March.
SECTION 67 removes the reference to feet in favor of the equivalency in miles to improve consistency in measurement units throughout the chapter, reconciles language on transferring lake trout tags with the existing ability for fishers to transfer lake trout quota on Lake Superior, and corrects a cross-reference.
SECTION 68 and 70 clarify language relating to gear restrictions at certain times of the year and depths to reduce use of the passive voice, make the existing language easier to read and understand, and remove the references to days as a measurement of time in favor of hours, which are more specific. SECTION 68 also clarifies that these gear requirements would apply to treaty fishers as well, in the absence of a Lake Superior fishing agreement. SECTION 70 also clarifies the statutory gill net marking requirements that apply for Lake Superior and clarifies an existing rule provision relating to gill net placement when trap nets are set illegally in the "all nets" gear restriction category for Lake Superior.
SECTIONS 71 and 73 clarify language relating to gear restrictions to reduce use of the passive voice and make the existing language easier to read and understand, and remove the references to days as a measurement of time in favor of hours, which are more specific.
SECTION 72 moves existing language on lifting gill nets with a mesh size greater than 2 ¾ inch stretch measure in Lake Michigan in water less than 25 fathoms into a new, separate provision to better separate the rules from gill nets in Lake Michigan that are 2 ¾ inch stretch measure or less.
SECTION 74 clarifies language on the restriction on pound or trap nets in specific areas of Lake Michigan from June 29 to Labor Day to more clearly state the requirements for using these nets during this timeframe and for removing the net webbing, and adds a map of where the restrictions apply.
SECTION 75 clarifies language and marking requirements for pound and trap nets so that each net is marked with the license number or fleet reporting number of the licensee using the net rather than the person to whom the net belongs, who may be a different person.
SECTION 76 clarifies language relating to gear restrictions for seines to reduce use of the passive voice.
SECTION 77 repeals a provision for fishing with seines that is being merged with existing seine provisions.
SECTIONS 78 and 79 reduce use of the passive voice in language on the use of trawls in southern Green Bay, and consolidate language on where trawls may be used into the introductory language of the subdivision (in SECTION 78) rather than in a separate provision (which is repealed in SECTION 79).
SECTION 80 clarifies language relating to trawling gear restrictions to reduce use of the passive voice and duplicative language that is already stated earlier in the paragraph, and adds a map of the area where trawling is allowed.
SECTION 81 specifies that the lead line coordinates rather than the king line coordinates of trap nets must be reported. This would facilitate trap net reporting for commercial fishers, as they more often utilize lead line coordinates in their operations. In combination with the pot coordinates, the lead line coordinates provide an accurate representation of the layout of the net.
SECTION 82 removes an obsolete reference to statutes, removes an obsolete geographical point of reference, rectifies incorrect coordinates, and removes redundant geographical references for restricted areas in Lake Superior and Lake Michigan. This section also clarifies that applicants for a restricted area permit must complete the application form with all information required by the department on the form.
SECTIONS 83, 84 and 85 renumber existing provisions relating to lake trout tagging and identification, wholesale fish dealer reports, and vehicle identification requirements to reorganize them into the appropriate subchapters.
SECTION 86 organizes existing wholesale fish dealer regulations into a new subchapter.
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:
