Related to both commercial and angler use of lake trout and cisco, harvest quotas are ideally reviewed every 2-3 years, with data collection and review occurring each year. Because of the variability of harvest quotas, there is no true baseline against which to compare increases and decreases and related economic impacts. Because of this variability, it is also difficult to estimate specific long-term economic impacts except to surmise that continued availability of the resource has overall positive impacts.
11. Effect on Small Business (initial regulatory flexibility analysis):
This rule is likely to have a minimal (less than $50,000) total economic impact on commercial fishing businesses and sport fishing businesses. Both the lake trout quota allocation for the commercial fishery and the lake trout harvest closure trigger will increase in this rule, allowing for additional lake trout commercial harvest and more opportunities for recreational fishers to harvest lake trout with a lower risk of an early season closure. This will benefit local businesses.
The rule does not allow for the potential to establish a reduced fine for small businesses, nor does it establish “alternative enforcement mechanisms” for “minor violations” of administrative rules made by small businesses. Public utility rate payers and local governmental units will not be affected by the rule.
12. Agency Contact Person: Brad Ray, Lake Superior fisheries team supervisor, 141 S. Third St., Bayfield, WI 54814, 715-779-4036, Bradley.Ray@wisconsin.gov 13. Place where comments are to be submitted and deadline for submission:
RULE TEXT
Section 1. NR 20.20 (73) (n) 5. is amended to read:
COUNTY AND SPECIES | WATERS | AUTHORIZED METHODS | OPEN SEASON (both dates inclusive) | DAILY BAG LIMIT | MINIMUM LENGTH OR OTHER SIZE RESTRICTIONS (INCHES) |
(73) SPECIES OR WATERS NOT LISTED IN SUBS. (1) TO (72) |
(n) Trout and salmon | 5. Lake Superior, lake trout only | a. Hook and line | December 1 to September 30 except that when recreational lake trout harvest during a season in waters east of a line running north−south from Bark Point (46° 53.21’, −91° 11.16’) measured by department creel surveys exceeds 9,500 11,250 lake trout, the season may be closed only in those waters east of Bark Point. A season closure shall become effective upon issuance of an order of the secretary and publication in the official state newspaper. | 2 in total in waters east of a line running north−south from Bark Point. 3 in total west of a line running north− south from Bark Point. | In waters east of a line running north−south from Bark Point (46° 53.21’, −91° 11.16’) the minimum is 15 and only 1 fish longer than 25 For lake trout in waters west of a line running north−south from Bark Point the minimum is 15 and only 1 fish longer than 25 |
Section 2. NR 25.06 (1) (a) 1. (intro.) and 2. (intro.), a., and b. are amended to read:
NR 25.06 (1) (a) 1. ‘WI-1.’ The total allowable commercial and tribal home use harvest in WI−1 may not exceed 6,000 lake trout. and shall be allocated as follows:
2. ‘WI-2.’ The total allowable commercial and tribal home use harvest in the waters of WI−2 may not exceed 47,33052,000 lake trout. and shall be allocated as follows:
a. That number of lake trout to be harvested by non−tribal licensed commercial fishers from the waters of WI−2 may not exceed 6,3307,500 lake trout.
b. That number of lake trout to be harvested by the Red Cliff and Bad River bands, including both commercial and tribal home use fishers, from the waters of WI−2 may not exceed 41,000 44,500 lake trout.
Section 3. NR 25.09 (1) (b) 1. is amended to read:
NR 25.09 (1) (b) 1. The licensee may use entrapping nets only when the pot or crib is set, placed, or operated in water not more than 90 feet (15 fathoms) deep, and only when the mesh size of the pot or crib, excluding shoaling twine, is 4 ¼ inch stretch measure or greater.
Section 4. Statement of Emergency. Lake Superior is the largest freshwater lake in the world and its sport and commercial fisheries are internationally significant. The welfare of state-licensed commercial fishers, tribal commercial fishers, recreational anglers, and associated businesses of Lake Superior depends upon abundant, sustainable fish populations. Additionally, appropriate quotas will allow commercial and recreational fishers to sustainably utilize the available fishery resources. Three years of data are required to identify trends in fish populations and harvest and formulate management decisions, and rule promulgation timelines do not allow for a permanent rule to be implemented after such decisions are made but in time for the regulations to be in place for the start of the fishing season. To preserve the welfare of fish populations in Lake Superior and the fishers and businesses that rely on them, the department finds that an emergency rule is necessary to implement rule changes that apply to the harvest of lake trout, a commercial and recreational fish species. In addition, establishing minimum mesh size requirements for trap nets is necessary to prevent catch and mortality of sublegal whitefish caught in lake trout and whitefish fishing operations. In order to use the most current biological information and align with the start of the fishing season, an emergency rule process needs to be implemented.
Section 5. Effective Date. This rule takes effect upon publication in the official state newspaper, as provided in s. 227.24(1)(c), Stats. Section 6. Board adoption. This rule was approved and adopted by the State of Wisconsin Natural Resources Board on December 13, 2023.
