Section 23.09 (2) (intro.) authorizes the department to promulgate rules, conduct studies, investigations and surveys, and establish services to carry out the conservation purposes outlined in s. 23.09 (1), including the protection, development and use of natural resources. Section 23.09 (2) (km) further authorizes the department to “develop an information system to acquire, integrate and disseminate information” on aquatic resources. Guide reporting provides an important source of information on sport fish harvest, which can be incorporated into quotas for the sustainable use of fishery resources. Section 29.512 (1), Stats. requires any person guiding others in fishing in exchange for compensation to be issued a guide license, and requires guide licensees to comply with the requirements of ch. 29, Stats. Subject to s. 29.411, Stats., guides must cooperate with a department employee conducting a fish census. These two provisions provide that the department may obtain fish census information from licensed guides. Section 29.514 (2), Stats. requires records of the number of each type of fish taken under a sport trolling license, and authorizes the department to specify other information that sport trolling licensees must report for guiding on outlying waters. 5. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
The department estimates that this rule will require 200 hours of staff time, including meetings to develop rule language and conducting public hearings.
6. List with description of all entities that may be affected by the proposed rule:
Licensed fishing guides in Lake Michigan, Lake Superior, and Green Bay will be the primary entity affected by these rules. While fishing guides are required to report harvest data to the department under existing rules, reporting is very rarely done in practice. This rule would require all licensed fishing guides to comply with specific reporting requirements established in the rule.
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):
This rule will have a minimal economic impact, if any, on licensed guides. The types of information required to be reported under the proposed rule would not generate any costs. The method for reporting may minimally impact some guides if electronic reporting is mandatory and those guides do not already possess an electronic device such as a computer or cell phone to enter the reporting information.
This rule will not contain any design or operational standards, but will contain new reporting requirements that will apply to licensed guides and sport trolling guide licensees.
9. Anticipated number, month and locations of public hearings:
The department anticipates holding one public hearing in the month of April, 2021. The hearing city will be: Green Bay, WI.
The department will hold the hearing in this location to obtain public feedback on the proposed guide reporting requirements in an area popular among sport fishing guides.
Preston D. Cole, Secretary
Date Submitted
