The proposed rule limits the transport of live fish away from specified waters and requires the immediate drainage of water from boats, boating equipment, fishing equipment and other containers upon removal from those specifies waters. Waters specified in the rule include Lake Michigan, Lake Superior, Mississippi River, Lake Winnebago and the Fox River downstream to Green Bay, and all connecting waters upstream to the first barrier impassable to fish. If VHS is found outside of the waters specified in the rule, than all waters of the state would be included.
The proposed rule also requires that bait dealers apply for and possess a department permit to harvest wild bait from any water and keep daily harvest and disposition records.
The proposed rule bans the use or possession of imported live bait (minnows, crayfish and frogs), with exceptions. It also prohibits any person from using dead fish, fish eggs, crayfish, frogs or any parts thereof as bait, with exceptions, and it limits the use of fish and fish parts as bait in crayfish traps and turtle traps, with exceptions.
Finally, the proposed rule adds a new criterion for the issuance of permits for licensed bait dealers to use nonstandard minor gear, allowing the permits to be denied if use of the gear could spread invasive species or diseases.
The Order makes permanent and clarifies the emergency measures put into effect April 8, 2007 by Order No. FH-22-07(E), May 2, 2007 by Order No. FH-25-07(E) and May 27, 2007 by Order No. FH-28-07(E) for the control and prevention of viral hemorrhagic septicemia (VHS) in fish in waters of the state.
SECTION 1 of this Order creates definitions of “live fish" and “live fish eggs" for purposes of the rule created by SECTION 3 that prohibits the transport of live fish and fish eggs taken from or possessed on any inland or outlying water or its bank or shore.
SECTION 2 revises the title of s.
NR 19.05.
SECTION 3 adds a new subsection (3) to s.
NR 19.05, that prohibits the transport of live fish or fish eggs that were taken from or possessed on the Great Lakes, the Mississippi River, Lake Winnebago, the lower Fox River from Lake Winnebago to Green Bay, or any connected waters upstream to the first fish barrier, or from the bank or shore of any of those waters.
SECTION 4 of the Order creates a new rule in ch.
NR 19 that requires any person who removes a boat, boat trailer, boating equipment or fishing equipment from the Great Lakes, the Mississippi River, Lake Winnebago, the lower Fox River from Lake Winnebago to Green Bay, or any connected waters upstream to the first fish barrier, or from the bank or shore of any of those waters, to immediately drain all water from the boat, boat trailer, boating equipment or fishing equipment, including water in any bilge, ballast tank, bait bucket, live well or other container, unless it has been exempted in writing by the department after determining that it will not allow VHS virus to be transported to other waters. In addition, if the department formally determines that any other water body is infected with Viral Hemorrhagic Septicemia virus, SECTION 4 makes the immediate drainage requirement apply to all waters of Wisconsin. The drainage requirement also applies to containers and fishing equipment used by bank or shore anglers. Finally, it exempts tanks or containers of potable drinking water and other beverages intended for human consumption.
SECTION 5 of the Order establishes a procedure for the department to formally notify the public if it determines that any water body other than the Great Lakes, the Mississippi River, Lake Winnebago, the lower Fox River from Lake Winnebago to Green Bay, or any connected water upstream to the first fish barrier, is infected with Viral Hemorrhagic Septicemia virus, based on test results or other empirical evidence that the virus is present. Public notice must be given by issuing a press release, by publication of a notice in the official state newspaper, and by any other means that is reasonably likely to inform the public. Following such a determination and public notice, the provisions of s.
NR 19.03 (3) restricting the transport of live fish and eggs from these waters, and of s.
NR 19.056 requiring immediate drainage of boats, boat trailers, boating equipment and fishing equipment upon removal from the water, bank or shore of these waters, thereafter apply state-wide to all waters.
SECTION 6 of the Order requires that bait dealers apply for and possess a department permit in order to harvest wild bait from any water, that they keep records of their harvest and of its disposition, except for retail sales to consumers, and that they not possess farm-raised fish while transporting wild harvested minnows, crayfish or frogs back to their business or to the point of sale.
SECTION 7 of the Order eliminates the current requirement that only fish or fish parts and meal may be used as bait for trapping crayfish. It then adds a requirement that if fish (or fish parts) are used as crayfish bait, they must come from the same water where they will be used as bait, except with written approval of the department.
SECTION 8 of the Order bans the use of fish (and fish parts) as bait to trap turtles unless the fish came from the same body of water where they will be used as bait, or with written approval of the department.
SECTION 9 of this Order creates definitions of “live fish" and “live fish eggs" for purposes of the rules created by SECTION 10 that restrict the use of improperly imported live bait and the use of dead bait that has not been preserved by a means that will kill the VHS virus.
SECTION 10 of the Order bans the use or possession of imported live bait (minnows, crayfish and frogs) except bait imported in compliance with DATCP's import and health requirements in ch.
ATCP 10, Wis. Adm. Code, and live bait from Iowa or Minnesota used or possessed on boundary waters with those states (the Mississippi River “between the tracks", Lake St. Croix, and the St. Croix river and the St. Louis river as defined in s.
NR 21.02 (16)). It also prohibits any person from possessing or using dead fish, dead fish eggs, dead crayfish, dead frogs, or any parts thereof as bait, with 3 exceptions: dead fish, dead fish eggs, dead crayfish, dead frogs, or any parts thereof may be used as bait on Lake Michigan, Green Bay and their tributaries upstream to the first dam or other obstruction impassible to fish; they may be used on the same water body from which they were obtained; and they may be used on any waters of the state if they have been preserved by means other than refrigeration or freezing. The rules also allow dead minnows to still be used as bait, as if they were alive, if certain conditions are met, even though the dead minnows are not preserved by any particular method.
SECTION 11 adds a provision to the current rule governing minnow collection, reiterating the requirement that a bait dealer must obtain the wild bait harvest permit created by SECTION 6 of this Order; describes the permit issued under s.
NR 20.39 as a “non-standard gear permit" to distinguish it from the wild harvest permit; and corrects the wording of the Note to NR 20.14 regarding transport of live minnows as affected by this Order. The current note incorrectly states that transportation of minnows is permitted throughout the state.
SECTION 12 of the Order adds a new criterion for the issuance of permits that allow licensed bait dealers to use non-standard minnow gear. The new rule stipulates that such permits may be denied if the department determines that use of the non-standard gear (minnow seines, minnow dip nets or minnow traps) is likely to result in the spread of invasive species or diseases. SECTION 12 also adds a Note to NR 20.39 regarding the need for a wild harvest permit issued under rules created by SECTION 6 of this Order.
Initial Regulatory Flexibility Analysis
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., the proposed rule may have an impact on small businesses as follows:
a. Types of small businesses affected: Bait dealers, wholesale fish dealers, commercial fishers, anglers, boaters and individuals involved in the harvest, rearing or use of fish bait.
b. Description of reporting and bookkeeping procedures required: No new procedures
c. Description of professional skills required: No new skills
Environmental Analysis
NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch.
NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
Hearing Information
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
August 14, 2007 South Central Region Hdqrs.
Tuesday 3911 Fish Hatchery Road
at 5:30 p.m. Fitchburg
August 15, 2007 Room B19
Wednesday La Crosse State Office Bldg.
at 5:30 p.m. 3550 Mormon Coulee Road
La Crosse
August 16, 2007 Room 140
Thursday DNR Southeast Region Hdqrs.
at 5:30 p.m. 2300 N. Dr. Martin Luther King
Jr. Dr.
Milwaukee
August 20, 2007 Wetland Room
Monday Green Bay Wildlife Sanctuary
at 5:30 p.m. 1660 East Shore Drive
Green Bay
August 23, 2007 Upstairs Meeting Room
Thursday State Highway Patrol Hdqrs.
at 5:30 p.m. 2805 Martin Avenue
Wausau
August 23, 2007 Classroom
Thursday Superior Public Library
at 5:30 p.m. 1530 Tower Avenue
Superior
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Bill Horns at (608) 266-8782 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
It is indeterminate whether the proposed changes will have any fiscal impact on state or local governments.
Assumptions used in arriving at fiscal estimate
The fiscal impact that this rule will have on state and local government--namely the increased costs associated with addressing or containing the VHS problem--is difficult to estimate given the short amount of time that has elapsed since the discovery of the virus and the uncertainty about the extent to which the virus may or may not spread to other parts of the state. Consequently, the Department is characterizing the state and local fiscal impact as “indeterminate" until more detailed cost information becomes available.
Copies of Rule, Written Comments, Contact Person
The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Bill Horns, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until August 23, 2007. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Mr. Horns.
Notice of Hearings
Natural Resources
(Fish, Game, etc., Chs.
NR 1—)
NOTICE IS HEREBY GIVEN that pursuant to ss.
29.014,
29.041,
227.24 and
29.192 (3), Stats., interpreting ss.
23.09 (2) (intro.),
29.014 (1),
29.041,
227.11 (2) (a) and
227.24 (1) (a), Stats. The Department of Natural Resources will hold a public hearing on Natural Resources Board Emergency Order No. FH-29-07(E) pertaining to the hook and line harvest of lake sturgeon. The emergency rule amends s.
NR 20.20 to increase the minimum length limit for lake sturgeon in inland waters from 50
‶ to 60
‶ and reduce the season length from 6 weeks to 4 weeks. This emergency order will take effect on July 23, 2007.
Hearing Information
NOTICE IS HEREBY FURTHER GIVEN that the public hearing will be held on:
August 13, 2007 Room G09
Monday GEF #2 Office Building
at 1:00 p.m. 101 South Webster Street
Madison
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Karl Scheidegger at (608) 267-9426 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
The proposed changes have no fiscal impact on state or local government.
Assumptions used in arriving at fiscal estimate
This emergency rule makes the following changes to the harvest of inland populations of lake sturgeon:
1) It increases the minimum length limit of lake sturgeon from 50‶ to 60‶ in inland waters where lake sturgeon are now harvested by hook and line.
2) It reduces the season length from 6 weeks to 4 weeks. Currently the open season for hook and line lake sturgeon is the first Saturday in September to October 15. The proposed season length would run from the first Saturday in September to September 30.
Copies of Rule, Written Comments, Contact Person
The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Karl Scheidegger, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until August 17, 2007. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Mr. Scheidegger.
Notice of Hearings
Natural Resources
(Fish, Game, etc., Chs.
NR 1—)
Yellow perch abundance fluctuates widely. For the most part these fluctuations can be attributed to weather and to biological factors outside our control. But commercial and recreational harvests can deplete a population and inhibit recovery when numbers are low, so the Department regulates the harvest of yellow perch from Green Bay by limiting the annual total allowable commercial harvest and the daily recreational bag limit. The Department attempts to split the allowable harvest equally between sport and commercial fishers. The proposed rule would increase the total allowable commercial harvest from 60,000 pounds to 100,000 pounds.
Initial Regulatory Flexibility Analysis
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., the proposed rule may have an impact on small businesses as follows:
a. Types of small business affected: Commercial fishers for yellow perch in Green Bay
b. Description of reporting and bookkeeping procedures required: No new procedures
c. Description of professional skills required: No new skills
Environmental Analysis
NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch.
NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
Hearing Information
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
August 13, 2007 Council Chambers
Monday Peshtigo Municipal Bldg.
at 1:00 p.m. 331 French Street
Peshtigo
at 4:30 p.m. Estuary Room
Green Bay Wildlife Sanctuary
1660 East Shore Drive
Green Bay
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Bill Horns at (608) 266-8782 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
There will be no fiscal impact. This is a simple adjustment of a harvest limit, and requires no special or additional work by state employees.
Copies of Rule, Written Comments, Contact Person
The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Bill Horns, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until August 23, 2007. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Mr. Horns.
Notice of Hearing
Natural Resources
(Environmental Protection-Water Regulation, Chs.
NR 300—)
NOTICE IS HEREBY GIVEN that pursuant to ss.
30.12 (1g) and
(3),
30.123 (6) and
(7),
30.19 (1m) and
(3r),
30.20 (1r) and
(1t),
30.206 and
227.24, Stats., interpreting ss.
30.12 (1g) and
(3),
30.123 (6) and
(7),
30.19 (1m) and
(3r),
30.20 (1r) and
(1t) and
30.206, Stats., the Department of Natural Resources will hold a public hearing on Natural Resources Board Emergency Order No. WT-32-07(E) pertaining to general permit criteria requiring decontamination of equipment for invasive species and viruses. The emergency rule, which took effect on July 12, 2007, creates provisions in chs.
NR 320,
323,
328,
329,
341,
343 and
345, Wis. Adm. Code.
The emergency rule modifies existing rules to establish a new exemption and general permit criteria requiring decontamination of equipment for invasive species and viruses (including but not limited to VHS (viral hemorrhagic septicemia)) for activities that would otherwise require an individual permit condition to which the same condition would apply. The new exemption or general permit standard requires any person conducting an exempt or general permit activity to:
1. Inspect and remove aquatic plants, animals and mud from equipment.
2. Drain all water from equipment, including but not limited to tracked vehicles, barges, boats, silt or turbidity curtain, hoses, sheet pile and pumps.
3. Dispose of aquatic plants, animals in the trash. Never release or transfer aquatic plants, animals or water from one waterbody to another.
4. Wash equipment with hot (>104° F) and/or high pressure water or allow equipment to dry thoroughly for 5 days.
Hearing Information
