None
Private sector fiscal effect
The rule change will have no effect on the private sector regulated by OCI.
Long-range fiscal implications
None
Notice of Hearing
Natural Resources
Fish, Game, etc., Chs. NR 1
NOTICE IS HEREBY GIVEN that the Department of Natural Resources will hold public hearings on revisions to Chapter NR 25, Wis. Adm. Code, relating to wholesale fish dealing and commercial fishing in outlying waters and affecting small business.
Hearing Information
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
July 16, 2008
Wednesday
at 5:00 p.m.
Garland Room
Vaughn Public Library
502 West Main Street
Ashland
July 17, 2008 Thursday
at 4:00 p.m.
Room B19, DNR Service Center 3550 Mormon Coulee Road
La Crosse
July 30, 2008 Wednesday
at 10:30 a.m.
Room 104 - DNR Southeast Region Hdqrs., 2300 N. Dr. Martin Luther King, Jr. Drive
Milwaukee
July 30, 2008 Wednesday
at 3:00 p.m.
Wells Fargo Room
Lakeshore Technical College
1290 North Avenue
Cleveland
July 31, 2008 Thursday
at 10:00 a.m.
Council Chambers
Peshtigo City Hall
331 French St. (Hwy 41)
Peshtigo
July 31, 2008 Thursday
at 1:30 p.m.
Lake Michigan Room
DNR Northeast Region Hdqrs., 2984 Shawano Avenue
Green Bay
July 31, 2008 Thursday
at 5:30 p.m.
Sturgeon Bay Library
107 South 4th Avenue
Sturgeon 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 Tom Hansen at (920) 662-5438 with specific information on your request at least 10 days before the date of the scheduled hearing.
Submission of Written Comments, Agency Contact and Copies of Proposed Rule
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. Tom Hansen, Administrative Warden, DNR Northeast Region, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until August 10, 2008. 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. Hansen.
Analysis Prepared by the Department of Natural Resources
Statutory authority
Statutes interpreted
Sections 29.014 (1), 29.041, 29.503, 29.516, 29.519 and 29.973, Stats.
Plain language summary
The proposed rules complete the implementation of the statutory requirements of 2003 Wisconsin Act 288 and recommendations of the Great Lakes Fishing Task Force. The proposed changes include:
1. Electronic fish harvest reporting system. The rule creates the electronic fish harvest reporting system (EFHRS) and related procedures to replace the current biweekly “paper" reporting system for recording and reporting all elements of the Great Lakes commercial catch.
2. Fleet reporting system. The rule will allow an individual to hold multiple commercial fishing licenses in his or her own name, and creates a fleet reporting program whereby a person holding multiple commercial fishing licenses on Lake Superior or Lake Michigan can consolidate the quotas under these licenses and permits for reporting purposes. It establishes the individual species harvest limits for a commercial fisher with multiple licenses engaged in fleet reporting as being the sum total of that person's quotas held under the individual licenses. The rule requires the licensee to mark all commercial fishing nets with a common “fleet reporting number" in place of the individual license numbers, and authorizes the licensee's crew members to operate all the commercial fishing gear and vessels included under the fleet reporting number without obtaining additional crew cards for each license included in the licensee's fleet. The rule clarifies the number of nets allowed and specifies that all nets in the water bearing a license number or fleet reporting number shall count toward the maximum number of nets allowed whether or not the net is actively fishing.
3. Records and reporting. Commercial fishers will no longer be required to complete and submit biweekly catch and disposition (sales) records to the Department. The rule implements an annual inventory report for both commercial fishers and wholesale fish dealers. It creates a float plan requirement for fishing “high value" species (whitefish for commercial fishers holding quotas less than 13,656 pounds and yellow perch). This rule creates float plan and enhanced reporting requirements for individuals previously convicted of specific commercial fishing violations. The rule makes it illegal to possess, control, transport or cause to be transported any fish for which a record has not been created or submitted as required.
4. Elimination of tagging of foreign (imported) lake trout. This rule repeals the provisions associated with the foreign lake trout tagging program while continuing to require commercial fishers to tag domestic lake trout.
5. Roe harvest. The rule requires commercial fishers to land and report all fish from which eggs are harvested, and limits the quantity of roe landed to a weight percentage of the fish landed.
6. License transfers. The rule eliminates certain license transfer criteria for transfer to immediate family members and persons holding non-temporary crew cards.
7. Commercial fishing nets on Lake Superior; other net and boat use restrictions. The rule creates a permit authorization by which the Department can allow the legal placement open water nets during the winter months on Lake Superior. The rule also creates a requirement for all Great Lakes commercial fishers to notify a Conservation Warden of any lost or recovered commercial fishing net. The rule prohibits anyone from lifting, tampering or disturbing commercial fishing gear without the permission of the owner. Also, state commercial fishing licensees and their crew members are prohibited from operating a boat used by the licensee in commercial fishing under ch. NR 25 if there are any lake trout tags on board that were not issued by the department to a state licensed commercial fisher. Finally, the rule prohibits a state licensed commercial fisher from allowing his or her licensed boats to be used to tend nets that were not set by a state licensed commercial fisher, and from allowing his or her licensed nets to be used by a person who is not a state licensed commercial fisher or crew member.
8. Ports of landing. The rule designates primary and secondary ports of landing for commercial fishers on Lake Superior, Lake Michigan and Green Bay. Commercial fishers are required to call in a daily float plan to the Department if they intend to land their catch at a secondary port.
9. Vehicle identification. The rule creates vehicle identification requirements for transportation of fish in vehicles belonging to commercial fishers and wholesale fish dealers.
10. Housekeeping provisions. The rule includes several housekeeping provisions updating language and terms, clarifying provisions on the use of gear, and identifying the specific locations of particular lines and boundaries.
Initial Regulatory Flexibility Analysis
Pursuant to s. 227.114, Stats., the proposed rule may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:
Types of small businesses affected
Commercial fishers and wholesale fish dealers
Description of reporting and bookkeeping procedures required
The current biweekly “paper" reporting system for daily fishing activity is replaced with an electronic fish harvest reporting system whereby commercial fishers submit electronic reports and data relating to fishing activity and reports on a daily basis via the Internet. The Department will provide the portable electronic reporting unit to the commercial fishers. A fleet reporting system is created to allow family commercial fishing businesses to consolidate quota allocations, fish harvest weights and daily fishing activity information for reporting purposes, thereby eliminating extensive record keeping requirements relating to individual licenses. The completion and submittal of a biweekly catch and disposition report to the Department is eliminated for commercial fishers. Commercial fishers and wholesale fish dealers will be required to submit a new annual inventory report documenting fish in possession, storage or under control on an annual date of their choosing to allow them to use the same inventory data as required for tax reporting or other business purposes. The required inspection and tagging of foreign lake trout imported by wholesale fish dealers is eliminated.
Description of professional skills required
No new professional skills are required.
Environmental Analysis
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.
Fiscal Estimate
Summary
This rule streamlines Great Lakes commercial fish reporting processes by implementing a fleet reporting system and a Department-managed electronic fish harvest reporting system (EFHRS). Both of these new systems for managing required data and reports will increase the efficiencies of Department staff (Fisheries and LE) by eliminating the need to enter commercial fishing data and the related handling and filing of the current biweekly commercial fishing daily activity reports. Fisheries and LE staff will be able to directly access daily fishing activity data electronically through EFHRS, thereby allowing timely and efficient analysis of data for ensuring compliance and protection to the Great Lakes fishery resource. It is very difficult to quantify the labor cost savings/significance of these two new systems, as the increased efficiencies will allow affected Department staff to redirect their activities to other required tasks and pressing issues.
Complete implementation of EFHRS in 2010 will eliminate the need for the Department to print and distribute the paper biweekly daily fishing activity report to individual commercial fishers, which will reduce Department printing and mailing costs by approximately $500 per year. It is estimated that EFHRS will cost approximately $15,000 to establish and $2,700 annually to maintain.
Fleet reporting benefits both the Department and the commercial fishing industry by allowing family commercial fishing businesses to consolidate individual fish harvest quotas into a single reporting entity. This significantly reduces paper work for the commercial fishers and the number of reports and associated data for DNR Fisheries staff to manage.
State fiscal effect
Indeterminate
Local fiscal effect
None
Fund sources affected
SEG
Affected chapter 20 appropriations
Notice of Hearing
Natural Resources
Fish, Game, etc., Chs. NR 1
NOTICE IS HEREBY GIVEN that the Department of Natural Resources will hold public hearings on revisions to Chapter NR 10, Wis. Adm. Code, relating to the 2008 migratory game bird seasons and waterfowl hunting zones.
Hearing Information
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
August 4, 2008   Rooms B-19 and B-20
Monday   State Office Building
at 7:00 p.m.   3550 Mormon Coulee Road
  La Crosse
August 5, 2008   Room 241, WI Indianhead Tech College
Tuesday   1900 College Drive
at 7:00 p.m.   Rice Lake
August 6, 2008   Main Conference Room
Wednesday   Agricultural Services Center
at 7:00 p.m.   3369 W. Brewster Street
  Appleton
August 7, 2008   Trecker Lodge
Thursday   Kettle Moraine State Forest-
at 7:00 p.m.   Lapham Peak Unit
  W329, N845 County C
  Delafield
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 Kent Van Horn at (608) 266-8841 with specific information on your request at least 10 days before the date of the scheduled hearing.
Submission of Written Comments, Agency Contact and Copies of Proposed Rule
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. Kent Van Horn, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until August 7, 2008. 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. Van Horn.
Analysis Prepared by the Department of Natural Resources
Statutory authority
Sections 29.014, 29.041, 29.197 and 227.11 (2) (a), Stats.
Statutes interpreted
Sections 29.014, 29.041 and 29.885, Stats.
Plain language summary
Season dates and bag limits will be set for ducks and Canada geese. Under international treaty and federal law, migratory game bird seasons are closed unless opened annually via the U.S. Fish and Wildlife Service regulatory process. Because of the timing of Wisconsin's rule process and the U.S. Fish and Wildlife Service rule process, the actual season lengths, dates and bag limits cannot be determined at this time for much of the rule. The daily bag limit for ducks is expected to be 6 ducks including not more than 4 mallards, of which only one may be a hen, one black duck, one pintail, 2 canvasbacks, 2 wood ducks, 2 redheads and 2 scaup. Season lengths for Canada geese are expected to be: Collins Zone – 67 days; Horicon Zone – 92 days; Exterior Zone – 85 days; and Mississippi River Subzone – 85 days.
The proposed rule also reduces the number of time periods for Canada goose hunting in the Horicon Zone from 4 times periods to 2 time periods. The rule also proposes an addition of 10 days to the mourning dove hunting season which is consistent with the anticipated federal season framework that will be offered this year. The additional 10 days would be added on to the end of our existing 60-day season which runs from September 1 to October 30.
Initial Regulatory Flexibility Analysis
Pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses. The Department's Small Business Regulatory Coordinator may be contacted at SmallBusiness@dnr. state.wi.us or by calling (608) 266-1959.
Environmental Analysis
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.
Fiscal Estimate
Summary
The proposed changes will not result in any significant changes in spending or revenue. There are no government costs anticipated due to the provision of this rule.
State fiscal effect
None
Local fiscal effect
None
Long-range fiscal implications
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Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.