9. Analysis and Supporting Documents Used to Determine the Effect on Small Business or in Preparation of an Economic Impact Report:
This rule imposing harvest revisions is necessary in order to ensure a sustainable cisco fishery over the long-term, an economic and natural resource benefit for all. The emergency rule may have a small economic impact in the Lake Superior region, however the newly created harvest quota is set at a level above the average commercial harvest over the past several years.
The department met with the Lake Superior Commercial Fishing Board on three occasions in spring and summer 2016 to discuss the potential rule. Productive dialogue led to the proposed strategy. This strategy was also shared with the general public at two meetings in June 2016. Consensus at these meetings was the need for precautionary management that sustains cisco populations and commercial profits for the long-term benefit of Lake Superior.
10. Effect on Small Business - Initial Regulatory Flexibility Analysis:
The rule will impact the harvest of cisco by state fishers, but while the emergency rule is in place it is likely that there will be no reduction in overall harvest. The rules imposing harvest restrictions are necessary in order to ensure a sustainable cisco fishery over the long-term that provides an economic and natural resource benefit for all affected. If a permanent rule is pursued, the department will conduct an economic impact analysis to gather comments from any individuals, businesses, local governments, or other entities that expect to be affected economically by the rule change.
Average state-licensed commercial fishers’ annual catch between 2008 and 2015 was 878,343 pounds of cisco. In 2015, the cisco price per pound was $0.40-0.65, but has been as high as $1.20 per pound since 2012. While the price per pound has varied over time, estimated total value of the commercial cisco roe (egg) fishery is between $500,000 and $1,000,000 per year. This rule’s harvest limits are expected to allow commercial fishers to harvest at or near the current average annual catch amount. Therefore, the rules may have minimal economic impact on commercial fishing businesses. Market demand, fuel, and other variable expenditures would have a greater economic impact than this rule. However, this rule and an upcoming permanent rule are important to have in place because they will allow the department to reduce or increase the harvest limit based on assessment data and recommended harvest parameters.
Harvest reporting requirements included in this rule will enhance the information collected by the department to properly monitor the commercial harvest of cisco and ensure that harvest limits are not exceeded. In addition to current bimonthly reporting requirements, additional daily phone reporting is required during the October to December cisco spawning season after 70% of the individual licensee quota allotment is reached. The combination of bimonthly reports and daily phone reports will allow for tracking of overall and individual allotments of the harvest limits with up to date records during the time of year with the majority of harvest.
Minimal to no impact is expected for recreational fishers or for businesses or business associations that do not rely on harvest of cisco.
11. Agency Contact Person:
Todd Kalish
WI Department of Natural Resources
PO Box 7921
Madison, WI 53707-7921
608-266-5285
12. Place where comments are to be submitted and deadline for submission:
Hearing dates and the comment submission deadline will occur within 45 days after the emergency rule is in effect.
Section 1 NR 25.06 (1)(c) is created to read:
NR 25.06 Quotas and catch fees. (1) Lake Superior. (c) Lake herring (Cisco). The total allowable annual harvest of cisco by state fishers during the open season in Wisconsin waters of Lake Superior shall not exceed 7.5 percent of the total of the most recent hydroacoustics cisco biomass estimate, expressed in round weight pounds of cisco, as determined by the department.
NR 25.06(1)(a)1. 1. The total allowable state harvest in the waters of Lake Superior may not exceed 1,497,900 round weight pounds in a calendar year. 2. From October 1 through December 31 of each year, the total harvest of cisco by state licensed commercial fishers using gill nets with a mesh size of not less than 2 3/8 inch and not more than 3 inch stretch measure may not exceed 1,317,900 round weight pounds.
3. Excluding harvest under subd. 2, from January 1 through December 31 of each year, the total harvest of cisco by state fishers and the department shall not exceed 180,000 round weight pounds. The department shall subdivide the allocation of 180,000 round weight pounds among commercial incidental catch, recreational angling, and department assessment activities.
Section 2 NR 25.07 (1) (b) is created to read:
NR 25.07 Individual licensee catch quotas. (1) Lake Superior. (b) Lake herring (Cisco). 1. Each state commercial license shall be allotted an equal individual licensee catch quota of the total allowable annual cisco harvest quota established under s. NR 25.06 (1) (c). Section 3 NR 25.08 (intro.) is amended to read:
NR 25.08 Transfer of individual licensee catch quotas. Individual licensee catch quotas allotted under s. NR 25.07 (1) (a) or (b) or (2) (am) 1., (b), (bg), (br), (c), (d), (e) or (f) may be transferred by the licensee receiving the quota allocation to another valid licensee authorized to engage in commercial fishing in the waters to which the quota applies, who meets all criteria for receiving such a quota other than previous fishing history, subject to the conditions stated in this section. Section 4 NR 25.13 (1) (d) is created to read:
NR 25.13 (1) (d) In addition to reporting requirements under this subsection, each person required to be licensed under s. 29.519 (1m), Stats., to conduct commercial fishing operations on Lake Superior and who has received an individual licensee catch quota under s. NR 25.07 (1) (b) for the harvest of lake herring (cisco) shall submit a daily fishing report to the department from October 1 to December 31 after 70 percent of the individual licensee catch quota has been reached that includes all records of pounds of lake herring harvest, harvest effort, and all other information called for on the report form. Daily fishing reports shall be submitted by calling a phone number provided by the department. Section 5. Statement of Emergency. In order to preserve the welfare of state-licensed commercial fishers, Chippewa tribal commercial fishers, recreational fishers, and associated businesses, as well as the welfare and sustainability of the lake herring (cisco) population in Lake Superior, the department finds that an emergency rule is necessary to implement rule changes for lake herring (cisco) harvest.
Section 6. Effective Date. This rule shall take effect upon publication in the official state newspaper, as provided in s. 227.24(1)(d), Stats.
Section 7. Board adoption. This rule was approved and adopted by the State of Wisconsin Natural Resources Board on August 3, 2016.
