SECTION 23 makes a number of revisions to ss.
NR 22.11 and
22.12 so that the language in these sections is more consistent with current s.
NR 21.11.
SECTION 25 removes reference to tortoises and simply refers to these animals as turtles.
For consistency, SECTION 26 creates several new restrictions in s.
NR 22.11 that currently apply to commercial fishing on the Mississippi river in the Wisconsin-Minnesota boundary waters in s.
NR 21.11, but not to commercial fishing on the Mississippi river in the Wisconsin/Iowa boundary waters under ch.
NR 22.
SECTION 27 amends s.
NR 22.12 commercial fishing gear restrictions to make them more consistent with the commercial gear restrictions found in ch.
NR 21. These new restrictions will provide for more consistency in the commercial fishing rules up and down the Mississippi river, as well as provide additional opportunity to use commercial fishing gear on this water.
Comparison with federal regulations
The department is not aware of any existing or proposed federal regulation that would govern fishing in Wisconsin's boundary waters with Minnesota or Iowa.
Summary of the 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 concerns regarding the lack of legal descriptions of what the varieties of nets are and inconsistency between the rules that apply to the same Wisconsin commercial fisher depending on if he or she is fishing in the waters between Wisconsin and Iowa or the waters between Wisconsin and Minnesota.
Analysis and supporting documentation used to determine the rule's effect on small businesses
Small businesses engaged in commercial fishing may be affected by the rule. However, we currently have no basis for quantifying the economic impacts of the rule.
Small Business Impact (including how the rule will be enforced)
This rule will benefit commercial fishers on the Mississippi river by providing clear descriptions of the nets that their licenses authorize them to use on this water and not leaving the types of nets open for a variety of interpretations. This rule will also benefit commercial fishers by creating more consistency in the rules regardless of which part of the river in Wisconsin they are fishing. The rule will be enforced by department Conservation Wardens under the authority of chapters 23 and 29, Stats., through routine patrols, record audits of commercial fishers and follow up investigations of citizen complaints. Liberalization of some of the commercial fishing rules will also benefit commercial fishers such as the higher number of hooks on setlines allowed with these changes.
Environmental Impact
This is a type III action under Chapter
150, Wis. Adm. Code, and neither an environmental impact statement nor an environmental assessment is required.
Fiscal Estimate
The proposed rule would authorize commercial anglers fishing in the Wisconsin-Iowa boundary waters to use up to 12 setlines, instead of the current limit of 8. The cost for 4 additional setline tags which are set by statute at a cost of 25 cents each would be $1 per license. In 2009, there were 135 setlines issued for use on the Mississippi River. The cost to the state to purchase setline tags is 18.5 cents per metal tag or 74 cents per license.
Agency Contact Person
Thomas Van Haren
Department of Natural Resources
PO Box 7921
101 S. Webster Street, LE/8
Madison, WI 53707
Phone: (608) 266-3244
Notice of Hearing
Natural Resources
Fish, Game, etc., Chs.
NR 1—
(DNR # LF-14-10(E))
NOTICE IS HEREBY GIVEN that pursuant to ss.
23.28 (3),
227.11 (2) (a), and
227.24 Stats., the Department of Natural Resources will hold a public hearing on emergency rules to revise Chapter
NR 45, relating to the establishment of a slow-no-wake zone on the “narrows" of the Wisconsin Dells. This emergency order took effect on May 15, 2010.
Hearing Information
The public hearing will be held:
Date: Tuesday, June 22, 2010
Time: 5:00 p.m.
Location: Kilbourn Public Library
620 Elm Street
Wisconsin Dells, WI 53821
Reasonable accommodations, including the provision of informational material in an alternative format will be provided for qualified individuals with disabilities upon request. Contact Andy Janicki in writing at the Department of Natural Resources, P O Box 7921, 101 S. Webster Street, LF/6, Madison, WI 53707-7921, by e-mail to
Andrew.janicki@wisconsin.gov or by calling (608) 267-7490. A request must include specific information and be received at least 10 days before the date of the scheduled hearing.
Copies of the Proposed Rule and Fiscal Estimate
The proposed rule and supporting documents, including the fiscal estimate, may be viewed at
http://adminrules. wisconsin.gov. If you do not have internet access, a printed copy of the proposed rule and supporting documents may be obtained free of charge by contacting Kathryn Fitzgerald, Department of Natural Resources, LF/6, 101 S. Webster Street, Madison, WI 53707-7921, by e-mail to
Kathryn. fitzgerald@wisconsin.gov, or by calling (608) 267-2764.
Submittal of Written Comments
Comments on the proposed rule must be received on or before June 25, 2010. Written comments may be submitted by U.S. mail, fax, E-mail or through the internet and will have the same weight and effect as oral statements presented at the public hearing. Written comments and any questions on the proposed rule should be submitted to: Kathryn Fitzgerald, Department of Natural Resources, LF/6, 101 S. Webster Street, Madison, WI 53707-7921, Kathryn.fitzgerald@ wisconsin.gov, or by calling (608) 267-2764.
Analysis Prepared by Department of Natural Resources
Statutes interpreted
Statutory authority
Plain language analysis
This provision prohibits motorboats from going faster than slow-no-wake, defined as the minimum speed required to maintain steerage, on an approximately 0.7 mile long stretch of the Wisconsin River at the Dells of the Wisconsin River state natural area. Currently, no fixed speed limit exists on this stretch of the Wisconsin River other than “reasonable and prudent speed" and the general laws that regulate 1) speed of personal watercraft in the vicinity of other boats, and 2) the speed of boats towing persons within defined distances of anchored and occupied boats.
This regulation is intended to improve public safety and help minimize user conflicts. In the last few years, the conservation warden for the area has received a number of complaints from boat operators regarding the user conflict of high speed recreational boats operating close to the larger and less maneuverable boat tours. Accidents and near misses have been documented in this stretch of the river. This rule is also being advanced as a permanent rule which was authorized on March 16, 2010, but will not be promulgated in time for this summer's heavy use season. In order to minimize the potential for accidents during the 2010 season, this is being advanced as an emergency rule.
Comparison with federal regulations
The Wisconsin River above the Kilbourn Dam is not a designated federal water and there are no federal boating laws that impact that portion of the river.
Comparison with rules in adjacent states
Slow-no-wake regulation in neighboring states
Illinois:
Any political subdivision of IL may adopt an ordinance or local law relating to operation and equipment of vessels if the provisions are not inconsistent with the provisions of the Boat Registration and Safety Act and the regulations issued there under. 625 Illinois Complied Statutes § 45/8-1.
Iowa:
Any subdivision of the state may adopt an ordinance or local law relating to the operation or equipment of vessels, so long as it is not inconsistent with the Iowa Code Water Navigation Regulations Chapter and the rules adopted by the Natural Resource Commission. Iowa Code § 462A.17.
Michigan:
The Department of Natural Resources may regulate the operation of vessels on waters of the state. The Department may initiate investigations into the need for special local rules or a local political subdivision request investigation. If the Department determines that special rules are needed then it submits an ordinance to the local political subdivision in which the water body is located. The political subdivision then approves or denies the ordinance. Michigan Complied Laws 324.80108.
Minnesota:
A political subdivision may adopt regulations that are not inconsistent with MN Statutes Water Safety, Watercraft, And Watercraft Titling Chapter and the rules of the Commissioner of Natural Resources relating to the use of waters of the state that are wholly or partly within the territorial boundaries of a county or entirely within the boundaries of a city. Minnesota Statute § 86B.201.
Summary of factual data and analytical methodologies
On this heavily used stretch of river, high speed operation of boats create wave actions that rebound off the walls of the river banks creating a dangerous situation for canoes and other small boats. While the depth of the river allows the passage of large vessels, and the area is used regularly by tour boats holding upwards of 200 passengers, it is less than 100 feet wide from shore to shore in spots with meanders that provide limited sight lines for oncoming boat traffic. The addition of jet boat tours in recent years, along with the existing cruising tour boats, high speed recreational watercraft, canoes and kayaks has created user conflicts and a potentially dangerous situation that can best be handled by imposing a speed limit on boats traveling through this stretch of the river.
Seventeen reportable accidents* occurred on this stretch of the Wisconsin River from 2001-2007. Of the 17 reportable accidents, contributing factors were summarized by the following:
A “reportable" boat incident is any incident (regardless of the number of boats involved) which results in loss of life, injury that requires medical treatment beyond first aid, boat or property damage in excess of $2,000, or complete loss of a boat.
•
8 were caused by a collision with another boat or person being towed by the boat,
•
4 listed excessive speed as a cause,
•
5 were caused by a collision with shore or fixed object,
•
2 were caused by large boat wakes, and
•
1 accident involved excessive alcohol use.
There was not a discernable pattern in the accident frequency except that the majority of the accidents occurred on the weekend.
On Wednesday, August 6, 2008 and Saturday, August 28, 2008, wardens surveyed the frequency of use during the peak summer season (Memorial Day to Labor Day) for 8 hours during 2 four-hour blocks of time. The block of time for the observational survey was from 12:00 PM to 4:00 PM each day. On the weekday (Wednesday) during the survey, approximately 1,162 people passed through the Narrows in boats. On the weekend (Saturday) during the survey approximately 1,323 people passed through the narrows in some type of watercraft. The survey did reveal some surprising facts with regard to type of boats; on the weekday the most common type of boat to pass through the Narrows was a pontoon or small boat of open construction. During the weekend, the most common boat to pass through the Narrows was a Personal Watercraft (PWC). One fact was that more people passed through the narrows in tour boats than any other type of boat. Sixty five percent of all of the people that passed through the narrows were on large high capacity tour boats whether it was a jet tour boat or a large cabin cruising commercial vessels. While not a lengthy observational period, this gives an indication of the level of activity on a given weekday and a weekend day. Based on this data, it is estimated that on a typical weekday, there may be approximately 23 boats moving through the narrows in an hour; on the weekend, 34 boats moving through the narrows every hour.
Small Business Impact
This rule provision creates a slow-no-wake area on a stretch of the Wisconsin river. There are four commercial enterprises that operate boat tours in the Upper Dells on the Wisconsin river; two run both traditional tour (cruise) boats and jet boats, one runs exclusively jet boats and one only operates a tour/dinner boats. When contacted by the department, all the tour boat operators said their normal practice is to go slowly through the area anyway, so there would be no impact to them on their scheduling. They expressed support for a slow-no-wake regulation because their ability to navigate is often jeopardized by recreational watercraft attempting to jump the wakes of their boats or trying to maneuver around the larger boats at high speed. The distance of the slow-no-wake area is approximately 3,700 linear feet.
Fiscal Estimate
Assumptions used in arriving at fiscal estimate
The Department will incur one-time costs of approximately $750 for the purchase and placement of signs at the start and end of the slow-no-wake stretch. This will be done by existing FTE staff, within regularly scheduled work hours. These costs would be funded with federal Coast Guard and state segregated boating funds.
No additional enforcement costs are anticipated. The level of enforcement on the river by the conservation wardens will remain the same.
State fiscal effect
Increase costs - may be possible to absorb within agency's budget.
Local government fiscal effect
None.
Fund sources affected
FED, SEG.
Affected Ch.
20 appropriations
Agency Contact Person
Conservation Warden Barbara Wolf
3911 Fish Hatchery Rd.
