Not pursuing these rule changes would result in inadequate regulation of catfish harvest due to inconsistencies between Administrative Code and the most current state statutes. Inappropriate harvest methods or excessive harvest with these methods could be detrimental to catfish populations during vulnerable times of the year.
4. Detailed explanation of statutory authority for the rule (including the statutory citation and language):
Section 29.014, Wis. Stats., “rule-making for this chapter,” grants the department the authority to establish and maintain open and closed seasons, bag limits, size limits and other conditions that will conserve fish populations and provide good fishing opportunities for the citizens of the state. Section 29.041, Wis. Stats provides that the department may regulate fishing on and in all interstate boundary waters and outlying waters. Requirements for weapon type, hours of harvest and possession when taking rough fish and catfish with a bow and arrow or crossbow are outlined in s. 29.405, Wis. Stats. This section also allows the department to establish bag or length limits, season dates, zones and other regulations for bowfishing. Section 29.406 grants the department the authority to establish bag or length limits, season dates, zones and other regulations for taking catfish and rough fish by hand. 5. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
An estimated 120 hours of staff time will be required to develop these rules and hold public hearings.
6. List with description of all entities that may be affected by the proposed rule:
These rules will primarily affect recreational anglers, and commercial fishers to a lesser extent, by opening new opportunities to harvest catfish. Rules applicable to the harvest of rough fish are not expected to substantially change with these rules.
7. 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. States possess inherent authority to manage the fishery and wildlife resources within their boundaries, except insofar as preempted by federal treaties and laws, including regulations established in the Federal Register.
8. Anticipated economic impact of implementing the rule (note if the rule is likely to have an economic impact on small businesses):
Economic impacts are expected to be minimal. The regulations proposed in this rule are not expected to present additional costs to anglers or commercial fishers; rather, they will allow alternative methods of harvest for catfish and rough fish. These rules are mainly applicable to individual anglers and impose no compliance or reporting requirements for small business, nor are any design or operational standards contained in the rule.
9. Anticipated number, month and locations of public hearings:
The department anticipates holding three public hearings in fall 2018 at locations to be determined. Additional hearings may be held if public interest in this rule warrants additional opportunities for public comment.
