The statement of scope for this rule, SS 016-23 was approved by the Governor on February 2, 2023, published in Register No. 806A1 on February 6, 2023, and approved by the Natural Resources Board on April 12, 2023. This rule was approved by the Governor on insert date. ORDER OF THE STATE OF WISCONSIN NATURAL RESOURCES BOARD
AMENDING, REPEALING AND RECREATING AND CREATING RULES
The Wisconsin Natural Resources Board proposes an order to amend NR 25.09 (2m) (a) 3., to repeal and recreate NR 25.09 (2) (d) 2. d., and to create NR 25.095 and diagram relating to trawling regulation on Lake Michigan and affecting small business. |
FH-01-23
Analysis Prepared by the Department of Natural Resources
1. Statute Interpreted: Sections 29.014 (1), 29.041, 29.053 (2), and 29.519, Stats., have been interpreted as allowing the department to regulate fishing activities in waters of the state. All rules promulgated under this authority are subject to review under ch. 227, Stats. 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. The department is authorized to regulate fishing on and in all interstate boundary waters and outlying waters by s. 29.041, Stats., “Department to regulate hunting and fishing in interstate waters.” Provisions of s. 29.053 (2), Stats., “Specific open and closed seasons,” provide 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. Under s. 29.519 (1m) (b), Stats., “Commercial fishing in outlying waters,” the department is granted the authority to establish restrictions on the kinds, size and amount of gear used in commercial fishing. Finally, this section authorizes the department to conduct inspections of buildings, boats, vehicles, storage and records associated with commercial fishing operations. 4. Related Statutes or Rules: No additional rules or statutes relate to commercial lake whitefish fisheries in Lake Michigan.
5. Plain Language Analysis: In 2015, the department authorized a cooperative study with UW Sea Grant to evaluate the use of trawls in the commercial harvest of lake whitefish in Lake Michigan to determine if trawling could be used to effectively harvest lake whitefish while limiting bycatch. The study was confined to specific grids in Zone 3 (Figure 1).
Trawls are dragged through the water on the bottom of the lake to harvest fish over a period of an hour and have the potential to be more destructive to the lakebed. Trawling is also a more efficient method of harvest than other types of nets (gill and trap nets are deployed and left to catch fish for days before being lifted to retrieve the harvest). However, the quota system and the limited number of licenses currently in place for this zone will prevent overharvest of lake whitefish and fewer nets left in the water as obstacles would make it easier for sport anglers to navigate and troll for sportfish in Lake Michigan.
Due to the success of the UW Sea Grant cooperative study, a permanent rule was put in place in May 2020 that allowed this fishing activity to occur with the following provisions:
Season/ time
—Trawls may only be operated from December 1 to August 31
—Trawls may only be operated from one hour before sunrise to one hour before sunset
—One hour drag – when trawl doors enter the water and leave the water
Authorized Trawl Area
—Trawls may only be operated within the areas in blue in Figure 1 above (defined in s. NR 25.09 (2) (d) 2., Wis. Adm. Code.).
Reporting
— Commercial fishers trawling for lake whitefish must report electronically using our Electronic Fish Harvest Reporting System (EFHRS).
—Commercial fishers must report all trawling bycatch.
Surveillance Equipment
Commercial fishing boats trawling for whitefish in Lake Michigan must be equipped with the following video surveillance equipment:
—Two cameras on the boat
—One camera looking aft over work area.
—One camera looking over processing table and toward trawl reel.
—Measuring board in inches on bycatch chute
—Hard drive (1 TB) and retain at least 30 days of video.
Additionally, commercial fishers must:
—Turn the video surveillance equipment on with the boat and continually record until engine is turned off.
—Retain video for at least 30 days and allow DNR access to the system.
—If surveillance system stops working, return to dock and contact DNR.
Movement of Gear
