CR 23-008 Rule Text

The statement of scope for this rule, SS 022-21 was approved by the Governor on February 19, 2021, published in Register No. 783A1 on March 1, 2021, and approved by the Natural Resources Board on May 26, 2021. This rule was approved by the Governor on June 15, 2023.

ORDER OF THE STATE OF WISCONSIN NATURAL RESOURCES BOARD

REPEALING, RENUMBERING, RENUMBERING AND AMENDING, AMENDING, REPEALING AND RECREATING AND CREATING RULES

The Wisconsin Natural Resources Board proposes an order to repeal NR 25.01 (3) (j), 25.09 (1) (am) 3. h., (2) (c) 2. and (d) 1. c.; to renumber NR 25.02 (1), (2), (3m), (4), (5), (8), (9m), (10), (13), (14), (17), (18), (18m), (19), (20), (21), (22), (27), (29), (30), (32), (35), (37), (38), (40), (41), (42), (43), (44), (45), (46), (47), (48), (49), (54), (55), (57), (58), (59), (60), (61), (63), (64), (65), (66), (67), (68), (69), (69m), (70), (71), and (72), 25.16, 25.17, and 25.19; to renumber and amend NR 25.02 (2m), (9), and (33); to amend NR 25.01 (1) and (3) (k), 25.02 (11), 25.05 (4), 25.06 (1) (b) 2. and (3) (e) and (h), 25.09 (1) (intro.), (ad), (ah), and (am) 1., 2., 3. a., b., d., and f., 4., 5., 6., and 7., (ar), (as), (av), (b), and (bm) 1., (2) (a) 1. to 9. and 10. a., b., c., and d., (b) 1. and 2. a. to d., f. and g., (c) 1., (d) 1. a., b., and d. and 2. (intro.), a. and b., (3) (f) 1., and 25.10 (1) (a) 1., (2) (a) 5. and (f), and (4) (a) 2.; to repeal and recreate NR 25 (title), 25.05 (1) (e), and 25.09 (2) (b) 2. e.; and to create NR 25 Subchapter I, 25.01 (3) (ag), (am), and (ar), Subchapter II, 25.027, 25.09 (2) (a) 10. am., Subchapter III, and NR 25.20 relating to the Chapter NR 25 reorganization rule.

FH-16-20

Analysis Prepared by the Department of Natural Resources

1. Statutes Interpreted: The department has interpreted ss. 29.014 (1), 29.041, 29.516 (2) (d), and 29.519, Stats., as authorizing this rule.

2. Statutory Authority: Sections 29.014 (1), 29.041, and 29.519, Stats., authorize these rules, and s. 29.516 (2) (d), Stats., describes the methods for marking commercial fishing nets and is cross-referenced in this rule.

3. Explanation of Agency Authority:

Under s. 29.014 (1), Stats., “Rule-making for this chapter,” the department is directed to establish and maintain 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, Stats., provides that the department may regulate the commercial fishery, including through harvest limits, formulas for allocation of harvest limits among licensees, allotment of individual licensee catch quotas, gear regulations, and restricted fishing areas, and authorizes the department to determine the method of submission of all required reports and records. These rules are established in ch. NR 25, Wis. Admin. Code.

4. Related Statutes or Rules:

None apply.

5. Plain Language Analysis:

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.