ORDER OF THE STATE OF WISCONSIN NATURAL RESOURCES BOARD REPEALING,
AMENDING, REPEALING AND RECREATING, AND CREATING RULES
The statement of scope for this rule, SS 093-14, was approved by the Governor on August 27, 2014, published in Register No 705 on October 1, 2014, and approved by the Natural Resources Board on October 29, 2014. The Wisconsin Natural Resources Board proposes an order to repeal NR 25.02 (50); amend 25.09 (1) (am) f., and 25.13 (9) (b), (11) (c) and (11) (d); repeal and recreate 25.13 (1) through (5); and create 25.02 (18m) relating to implementing a web-based electronic fish reporting system for licensed commercial fishers of the Great Lakes and affecting small business.
FH-13-14
Analysis Prepared by the Department of Natural Resources
3. Explanation of Agency Authority:
Section 29.014 (1), Stats., directs the department 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 29.503 (5) (br), Stats. requires each wholesale fish dealer to complete and submit an annual inventory of sturgeon and Great Lakes fish to the department. Section 29.519 (5) (b), Stats., requires each commercial fisher to maintain and submit records to the department on their daily fishing activities in the form and manner required by the department. 4. Related Statutes or Rules: All of s. 29.519 (5), Stats. 5. Plain Language Analysis:
The proposed rule would implement commercial fishing reporting procedures for a web-based electronic fish harvest reporting system that utilizes current technology and meets recommendations requested by the commercial fishing industry in the June 2000 Commercial Fisheries Task Force.
Section 1 defines electronic communication device, which are devices such as computers, tablets, smart phones or other devices that commercial fishers may use to access and submit required fish harvest reports.
Section 2 repeals a definition of “portable electronic reporting units” that are no longer provided by the department or used by commercial fishers.
Section 3 updates references to sections in s. NR 25.13, which are repealed and recreated by this rule.
Section 4 removes redundant language involving identical rules for Lake Superior and Lake Michigan and removes directions for commercial fishers to use a discontinued, obsolete fish harvest reporting system. The new language creates a single section for reporting elements that are identical on Lake Michigan and Lake Superior; and it allows commercial fishers the option of continuing to report their daily fishing activity via a paper biweekly report or to use the new electronic fish harvest system to report daily. It also creates new directions for an updated electronic fish harvest reporting system that will allow commercial fishers to use their own electronic communication devices for accessing the system and submitting reports that are required under state statute.
Sections 5, 6, and 7 remove outdated language from code.
Note: “Electronic fish reporting system” is already defined in s. NR 25.02 (19) as “a system established or authorized by the department for reporting daily commercial fishing activity and other required information to the department by electronic means.” 6. Summary of, and Comparison with, Existing or Proposed Federal Statutes and Regulations:
The department is not aware of any existing or proposed federal regulation that would govern commercial fishing in Wisconsin’s waters.
7. Comparison with Similar Rules in Adjacent States:
Illinois has no active commercial fishing licenses on the Great Lakes; thus there are no Great Lakes reporting requirements at the current time.
Michigan commercial fishers are required to file a monthly report with the Michigan Department of Natural Resources documenting their daily fishing activity and data is similar to that required of Wisconsin Great Lakes commercial fishers. Michigan rules are similar to those proposed for Wisconsin. Michigan commercial fishes have the option of either electronically filing the report by completing and submitting a web-based form or reporting by means of a monthly paper report.
Similar to Wisconsin and Michigan, the Minnesota licensed Great Lakes commercial fishers file a monthly paper report documenting daily fishing activity. Minnesota does not have an electronic reporting system available for use by commercial fishers.
8. Summary of Factual Data and Analytical Methodologies Used and How Any Related Findings Support the Regulatory Approach Chosen:
The current s. NR 25.13 (5), Wis. Adm. Code, directs Great Lakes commercial fishers to use a discontinued, obsolete fish harvest reporting system and is not applicable to the next reporting system under development. The revised rules will create the necessary procedures and will allow the Great Lakes commercial fishers to use the new system for recording and reporting all elements of their commercial catch. Recognizing that a small percentage of the commercial fishers may not own computers or may not be comfortable with electronically submitting their daily fishing activity reports, the department will allow these commercial fishers to continue reporting with the current biweekly paper system until they decide to retire from the industry or become comfortable with use of the new technology. A U.S. Fish and Wildlife Service grant was obtained to develop a new web-based reporting system that will allow Great Lakes commercial fishers to electronically submit their daily fishing activity reports directly to the department via computers and eventually smart phones. The new web-based system was ready for testing in early 2015.
This rule includes changes to administrative code that support existing policies and fisheries management goals. The department took steps to ensure the accuracy, integrity, objectivity, and consistency of data were used in preparing the proposed rule and related analysis.
9. Analysis and Supporting Documents Used to Determine the Effect on Small Business or in Preparation of an Economic Impact Report:
