This statement of scope was approved by the governor on May 2, 2012.
Rule No.
FH-10-12
Relating to
Chapter
NR 25 Great Lakes commercial fishing harvest limits.
Rule Type
Permanent.
Finding/nature of Emergency (Emergency Rule only)
Not applicable.
Detailed Description of the Objective of the Proposed Rule
This rule would revise the total allowable annual commercial harvests for bloater chubs from Lake Michigan (s.
NR 25.06 (2) (a), Wis. Adm. Code). The current harvest limit of 3.6 million pounds was established by the department in 1991. Since then the bloater chub population in Lake Michigan has declined steadily and the reported total annual harvest now falls below 50,000 pounds. The proposed rule may use objective criteria by which harvest limits would be adjusted as fish abundance changes.
We will also consider establishing criteria for automatic adjustment of harvest limits of other Lake Michigan commercial species, possibly including yellow perch, lake whitefish, round whitefish, and rainbow smelt (s.
NR 25.06 (2) (b-e), Wis. Adm. Code). Those harvest limits have been adjusted many times over the past 30 years as populations have fluctuated.
Finally, we will seek advice from the Lake Michigan Commercial Fishing Board (LMCFB) regarding the allocation of a reduced bloater chub harvest limit among commercial fishing license holders and, based on that advice, may seek to update the allocation formula (s.
NR 25.07 (2) (a), Wis. Adm. Code).
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives
Section
NR 1.04, Wis. Adm. Code, provides the guiding department policy related to harvest limits and quota allocations: “(4) The fishery resources of the Great Lakes, though renewable, experience dynamic changes and are limited. The resources will be managed in accordance with sound management principles to attain optimum sustainable utilization. Management measures may include but are not limited to seasons, bag and harvest limits, limitations on the type and amount of fishing gear, limitation as to participation in the fisheries and allocation of allowable harvest among various users and the establishment of restricted areas."
Although the development of objective criteria by which harvest limits would be automatically adjusted is a departure from past practice of periodic ad hoc adjustments of harvest limits, it is fully consistent with the existing policy. Under existing practice, harvest limits may be adjusted by rule at any time that assessment data indicate that a fish population is either growing or declining. Use of an objective measure for fish population changes will allow the department to respond in a timely and predictable manner when quota adjustments are necessary. Automatic adjustment of harvest limits will have two advantages: 1) It will protect fish populations by reducing harvests promptly when fish abundance declines. 2) It will support commercial fisheries by allowing immediate harvest increases when fish populations recover.
The Lake Michigan Commercial Fishing Board is directed by s.
29.519 (7), Stats., to “recommend to the department species harvest limits and formulas for the allotment of individual licensee catch quotas when the department establishes species harvest limits for allocation among licensees." We have held preliminary discussions with the Board members and are aware of some concerns they have raised, including the need to fully consider LMCFB advice during rule development, to find objective criteria that reliably reflect the status of the fish populations, and to consider incorporating more than one data source into the criteria.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
29.014 (1), Stats., directs the department to “establish and maintain open and closed seasons for fish and game and any bag limits, size limits, rest days and conditions governing the taking of fish and game that will conserve the fish and game supply and ensure the citizens of this state continued opportunities for good fishing hunting and trapping." Section
29.041, Stats., provides that the department “may regulate fishing and fishing on and in all interstate boundary waters, and outlying waters." Section
29.519 (1m) (b), Stats., provides that “After giving due consideration to the recommendations made by the commercial fishing boards under sub. (7), the department may establish species harvest limits and promulgate rules to establish formulas for the allocation of the species harvest limits among commercial fishing licensees or for the allotment of individual licensee catch quotas."
Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
Employees may spend approximately 200 hours developing the rule. This will require some within-state travel to meet with the Lake Michigan Commercial Fishing Board and interested members of the public.
List with Description of all Entities that may be Affected by the Proposed Rule
The rule will affect commercial fishing license holders, fish wholesalers, and others whose interests or businesses are affected by commercial fishing.
Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
No federal regulations apply.
Anticipated Economic Impact of Implementing the Rule
Adjustments in harvest limits always affect the livelihoods of commercial fishers and associate businesses, but such adjustments are a necessary part of fisheries management. Because this rule will cause those adjustments to be more timely and responsive to fish population changes it will support stability in fish populations and in the fishery. Harvest limit adjustments can result in economic benefit to commercial fishers or, when the fish population is in decline, economic losses. We expect that the economic analysis will reveal a moderate impact (Level 2) of between $50,000 and $2,000,000.
Contact Person
William Horns, Great Lakes Fisheries Specialist, 608-266-8782
