1. Number of Great Lakes commercial fishing licenses.
Illinois — The number of licenses is fixed at 5.
Michigan — The number is limited to the number issued the previous year. The number issued during the current license year is 56. This does not include Native American commercial fishers fishing under Tribal authority.
Minnesota — The number of master licenses is fixed at 25.
2. Relicensing requirement.
Illinois — Commercial licenses are re-issued every 3 years if several requirements are met. Licenses may be issued to corporations. The licensing requirements for individuals and corporations are a) actual residence (for individuals) or incorporation (for corporations) in Illinois for the immediately preceding year, b) legal ownership or legal control of a vessel of at least 12 net tons with valid current Coast Guard documentation, an Illinois port of registration, and demonstrated compliance with all State requirements for such vessels, c) possession of at least 6,000 feet of gill net meeting specified standards, d) agreement to keep appropriate daily records, e) an annual operational plan for the coming year, f) agreement to permit Illinois DNR biologists and conservation police officers to obtain information about the harvest as deemed necessary, g) licensing of all equipment as required by state law, h) a boat captain who is a legal resident of Illinois.
Michigan — Annual relicensing requires legal possession of the license during the entire previous year or acquisition of the license by transfer during that year.
Minnesota — None known.
3. Commercial fishing license year.
Illinois — April 1 through March 31 of the following year.
Michigan — January 1 through December 31.
Minnesota — March 1 through February 28 of the following year.
Summary of factual data and analytical methodologies
This rule was not based on a technical analysis of data. It was developed in consultation with commercial fishers to address expressed concerns regarding relicensing criteria for Great Lakes commercial fishing licenses and the dates marking the start and end of a commercial fishing license year.
Analysis and supporting documentation used to determine effect on small businesses
We know that small businesses relating to commercial fishing and wholesale fish dealing may be affected by the rule. However, we currently have no basis for quantifying the economic impacts of the rule.
Small Business Impact
This rule is of interest to commercial fishers and was initiated in response to their expressed concerns. For commercial fishers on Lake Michigan it will allow annual relicensing in some situations that would otherwise have led to denial of relicensing requests. For commercial fishers on Lake Superior, new minimum catch requirements are established that may require additional fishing effort by some individuals in order to remain licensed in succeeding years. The establishment of a calendar-year-based license year will improve business planning for some licensees by making the license year complement the biological fishing year for some commercial fish species.
The rule will be enforced by department Conservation Wardens under the authorities of chapters 23 and 29, Stats., through routine patrols, record audits of wholesale fish dealers and commercial fishers and follow up investigations of citizen complaints.
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
Lake Michigan commercial fishing license holders will find re-licensing requirements to be less burdensome. Lake Superior commercial fishing businesses will have additional re-licensing requirements, although the intent is not to affect any license holders who are currently active. The redefinition of “license year" will simplify business decision making for some commercial fishers. The increase in the number of Lake Michigan commercial fishing licenses may make it easier for current licensees to sell all or part of their businesses.
Description of reporting and bookkeeping procedures required
The rule will not require any additional reporting, bookkeeping or other procedures.
Description of professional skills required
No new skills will be required.
Small business regulatory coordinator
The Department's Small Business Regulatory Coordinator for this rule may be contacted at Peter.Flaherty@ Wisconsin.gov or by calling (608) 266-8254
Environmental Impact
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 rule makes several changes to the Department's administrative rules for Great Lakes commercial fishing. These changes have no fiscal impact at either the state or local level.
State fiscal effect
None.
Local government fiscal effect
None.
Long-range fiscal implications
None.
