8. Contact Person
Natural Resources
Fish, Game, etc., Chs.
NR 1—
(DNR # FH-27-13 (E))
This statement of scope was approved by the Governor on August 12, 2013.
Rule No.
Relating to
Creating a competitive grant program for municipal fish hatcheries and private fish farms in order to increase the capacity to raise walleye for stocking in Wisconsin waters.
Rule Type
Emergency.
1. Finding/Nature of Emergency (Emergency Rule Only)
2013 Wisconsin Act 20, the 2013-15 state budget, included the following: notwithstanding section
227.24 (1) (c) and
(2) of the statutes, emergency rules promulgated for walleye population maintenance and enhancement grants remain in effect until June 30, 2016, or the date on which permanent rules take effect, whichever is sooner. In addition, notwithstanding section
227.24 (1) (a) and
(3) of the statutes, the department is not required to provide evidence that promulgating this rule as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.
2. Detailed Description of the Objective of the Proposed Rule
2013 Wisconsin Act 20 directed the department to establish a grant program to award grants on a competitive basis to cities, villages, towns, and counties; to federally recognized Indian tribes or bands located in this state; and to fish farms for the purpose of increasing their capacity to raise walleye for stocking in the waters of the state. The grants may be used to build, improve, or repair any of the following:
(a) Buildings and structures used as fish hatcheries or for fish rearing.
(b) Fish rearing ponds.
(c) Wells or water recirculation systems.
(d) Biosecurity systems to ensure fish health.
(e) Holding facilities and equipment used for fish brood stock.
(f) Equipment used for the distribution of fish or for the collection of fish spawn.
For a fish farm to be eligible for a grant under this section, the fish farm must be registered with the Department of Agriculture, Trade and Consumer Protection under s.
95.60, Stats., and be in compliance with all applicable state and federal environmental laws and all applicable state and federal laws related to fish health.
A contract awarding a grant under this section shall state the number of walleye fingerlings that will be reared as a result of the increased capacity and the purchase price the grantee shall charge for the fingerlings when the construction, improvement, or repair is completed.
In addition, the department may enter into contracts with local governmental units, federally recognized Indian tribes or bands located in this state, and fish farms for the purpose of increasing the amount of walleye available for stocking in the waters of the state.
The terms of a contract, which shall not exceed five years, may include all of the following:
(a) Authorization for the department to furnish fish eggs and fish for free or at cost to a local governmental unit, tribe, band, or fish farm that is a party to the contract.
(b) Authorization for the department to purchase fish from a local governmental unit, tribe, band, or fish farm that is a party to the contract.
Additional rule changes may be pursued which are reasonably related to those discussed here.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included In the Rule, and an Analysis of Policy Alternatives
The proposals in this rule would support the efforts of the new “Wisconsin Walleye Initiative," which is intended for state, municipal, tribal, and private fish hatchery operations to increase the production of large walleye fingerlings for stocking in Wisconsin waters. The Fisheries Management Bureau does not currently manage a grant program for that purpose, but the department has extensive experience with managing grant programs to private and municipal entities that can serve as examples for this program.
The department is statutorily required to create the grant program through administrative rule using policy listed in statute.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
29.014(1), Stats., directs the department to establish and maintain conditions governing the taking of fish that will conserve the fish supply and ensure the citizens of this state continued opportunities for good fishing.
Section
29.041, Stats., provides that the department may regulate fishing on and in all interstate boundary waters and outlying waters.
Section
29.709, Stats., provides that the department may operate state fish hatcheries, including receiving fish eggs or fish donated to the state or purchased, and procure, receive, exchange, distribute, and dispose of fish eggs and fish.
Section
29.739, Stats., directs the department to establish a grant program to award grants on a competitive basis to cities, villages, towns, and counties; to federally recognized Indian tribes or bands located in this state; and to fish farms.
Section
29.740, Stats., provides that the department may enter into contracts with local governmental units, federally recognized Indian tribes or bands located in this state, and fish farms for the purpose of increasing the amount of walleye available for stocking in the waters of the state.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
200 hours.
6. List with Description of all Entities that may be Affected by the Proposed Rule
•
Municipal fish hatcheries: fish hatcheries that are owned or operated by a city, village, town, county, or a federally recognized Indian tribe or band located in Wisconsin.
•
Private fish farms: farms registered with the Department of Agriculture, Trade and Consumer Protection under s.
95.60, Stats.
•
Tribal and non-tribal fishers: sustenance and recreational fishers will likely benefit from additional walleye stocking opportunities.
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
There is no federal authority over the proposed actions. None of the rule proposals violate or conflict with federal regulations.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
Minimal to no negative economic impact (Level 3).
The rule is not expected to have an adverse effect on the economy, a sector of the economy, productivity, jobs, or the overall economic competitiveness of the State. It will have a positive impact by providing $1 million annually in the 2013-15 biennium to municipal fish hatcheries and private fish farms through a competitive grant program. Grants will be used for building and improving hatchery buildings, rearing ponds, equipment and other facilities. In addition, $500,000 will be available annually starting in fiscal year 2014-15 for the department to contract with municipal fish hatcheries and private fish farms to purchase fish for the purpose of raising walleye for stocking with Wisconsin waters.
The rule will not allow for the potential to establish a reduced fine for small businesses, nor will it establish “alternative enforcement mechanisms" for “minor violations" of administrative rules made by small businesses.
9. Anticipated Number, Month and Locations of Public Hearings
The Department anticipates holding one public hearing in the month of January 2014. Hearing cities will be: Madison, WI.
The Department will hold this hearing in this location to gather input on the implementation of walleye population maintenance and enhancement grants that are required by the 2013-15 state budget.
10. Contact Person
Mike Staggs, Fisheries Management Bureau Director, 608-267-0796.
Natural Resources
Fish, Game, etc., Chs.
NR 1—
(DNR # FH-26-13 (E))
This statement of scope was approved by the Governor on August 13, 2013.
Rule No.
Relating to
Lake trout harvest limits in Lake Superior.
Rule Type
Emergency.
1. Finding/Nature of Emergency (Emergency Rule Only)
The welfare of state-licensed commercial fishers, tribal commercial fishers, recreational anglers, and associated businesses is threatened by a decline in the lake trout population in the Apostle Islands vicinity of Lake Superior. The emergency rule is necessary to implement harvest limits for the 2013-14 lake trout commercial harvest season.
2. Detailed Description of the Objective of the Proposed Rule
The purpose of the emergency rule is to amend Lake Superior lake trout harvest limits as required by revisions to the State-Tribal Lake Superior Agreement. The total allowable catch of lake trout in Wisconsin waters of Lake Superior is divided among tribal commercial fisheries, state-licensed commercial fisheries, tribal subsistence fishers, and state recreational anglers. The 10-year State-Tribal Lake Superior Agreement specifies annual allowable lake trout harvests, defines refuges and special fishing areas, and establishes other terms and arrangements for state and tribal commercial fishing. The Agreement was last negotiated in 2005, and has been amended three times, most recently in November 2012. Lake trout harvest limits will be amended by October 2013 via negotiation between the Department of Natural Resources and the Red Cliff and Bad River Bands of Lake Superior Chippewa and put in place by emergency rule for the 2013-14 open season. The Wisconsin State-Tribal Technical Committee, which is made up of Department, Red Cliff, and Bad River biologists, has recommended about a 15 percent reduction in lake trout harvest for the 2013-14 and 2014-15 seasons. However, this is only a recommendation and must be formally agreed upon through the negotiation process before becoming final. These harvest limits must be ordered through Administrative Code by emergency rule so limits are in place by November 28, 2013, the beginning of the 2013-14 season.
The rule will:
•
Modify the annual commercial fishing harvest limit for lake trout on Lake Superior.
•
Revise rules used to determine the footage of gill net that may be set in the water by each fisher, also called “fishing effort." No commercial fisher may set more than his or her allowable gill net effort during the lake trout open season, based on a formula to determine each commercial fisher's allowable gill net effort in feet of net. When targeting whitefish with gill nets, each fisher is allowed to fish only the amount of net that would cause an incidental catch and kill of his or her lake trout quota. However, harvest may be only moderately affected because fishers can shift to using trap nets that are not subject to the same effort restrictions governing gill nets.
•
Allow the department to enforce a reduced recreational daily bag limit for lake trout in Lake Superior if the recreational lake trout harvest exceeds a percentage of the total allowable harvest. Lake trout harvest limits are created for both commercial and recreational fishers in Lake Superior in order to manage the total population.
Additional rule changes may be pursued which are reasonably related to those discussed in this scope.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included In the Rule, and an Analysis of Policy Alternatives
The allowable lake trout harvests are reviewed by a state-tribal biological committee, using the latest available data and modeling results. Based on those results and recommendations from the biological committee, the Agreement is re-negotiated as needed to change the total annual harvest of lake trout by all fishers, and possibly to address other issues related to shared harvest of lake trout and other species by state and tribal fishers.
There has been a steady decline in lean lake trout abundance in Lake Superior since the early 2000s. This decline has been confirmed by independent surveys conducted by the Department and has been projected by models used to set safe harvest levels. Some level of decline was expected because of high harvest limits in the early 2000s, which were in response to several large year classes (numbers of fish spawned in the same year) predicted to enter the fishery. However, these year classes did not attain the abundance originally anticipated and, as a result, the overall lake trout population did not reach the levels previously expected. This combination of increased harvest and re-scaled estimates of lake trout abundance has caused actual lake trout abundance to decline. While relatively stable abundances of spawning lake trout suggest that this decline is still reversible, action needs to be taken to arrest the lean lake trout population's decline. The continued, persistent decline in lake trout population abundances and predicted further declines necessitate harvest reductions in order to ensure a sustainable lake trout fishery over the long-term.
Lake trout harvest limits were reduced by emergency rule for the 2012-13 open season. Rule alternatives are not being considered because the recommendations must be negotiated through the State-Tribal Lake Superior Agreement.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
The proposed rule amends the annual commercial fishing harvest limit for lake trout on Lake Superior, which is an “outlying water." Commercial fishing harvest limits are authorized under s.
29.014 (1), Stats., which directs the Department to establish and maintain any bag limits and conditions governing the taking of fish that will conserve the fish supply and ensure the citizens of this state continued opportunities for good fishing.
Section
29.041, Stats., provides that the Department may regulate fishing on and in all interstate boundary waters and outlying waters.
Section
29.519 (1m) (b), Stats., grants discretion to the Department to establish commercial fish species harvest limits after giving due consideration to the recommendations made by the commercial fishing boards. It also specifies that the limitations on harvests must be based on the available harvestable population of fish and in the wise use and conservation of the fish, so as to prevent over-exploitation.
5. Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
Employees may spend up to 200 hours developing the emergency rule. It will require in-state travel to meet with tribal negotiators.
6. List with Description of all Entities that may be Affected by the Proposed Rule
•
State-licensed commercial fishers on Lake Superior
•
Recreational fishers on Lake Superior
