SECTION 6. DCF 250.12 (2) (b) is created to read:
DCF 250.12 (2) (b) At least once per year, the department shall inspect each vehicle that is required to have a child safety alarm under s. DCF 250.08 (8) (a) to determine whether the child safety alarm is in good working order.
SECTION 7. DCF 251.08 (8) is created to read:
DCF 251.08 (8) CHILD CARE VEHICLE SAFETY ALARM. (a) A vehicle shall be equipped with a child safety alarm that prompts the driver to inspect the vehicle for children before exiting if all of the following conditions apply:
1. The vehicle is owned or leased by a licensee or a contractor of a licensee.
2. The vehicle has a seating capacity of 6 or more passengers plus the driver. The seating capacity of the vehicle shall be determined by the manufacturer.
3. The vehicle is used to transport children in care.
(b) No person may shut off a child safety alarm unless the person first inspects the vehicle to ensure that no child is left unattended in the vehicle.
(c) The child safety alarm shall be properly maintained and in good working order each time the vehicle is used for transporting children to or from a center.
Note: Information on the required vehicle safety alarm is available in the “child care licensing/information for providers" section of the department website at http://dcf.wisconsin.gov.
SECTION 8. DCF 251.12 (2) is renumbered DCF 251.12 (2) (a).
SECTION 9. DCF 251.12 (2) (b) is created to read:
DCF 251.12 (2) (b) At least once per year, the department shall inspect each vehicle that is required to have a child safety alarm under s. DCF 251.08 (8) (a) to determine whether the child safety alarm is in good working order.
SECTION 10. DCF 252.06 is renumbered DCF 252.06 (2) (a).
SECTION 11. DCF 252.06 (2) (b) is created to read:
DCF 252.06 (2) (b) At least once per year, the department shall inspect each vehicle that is required to have a child safety alarm under s. DCF 252.09 (5) (a) to determine whether the child safety alarm is in good working order.
SECTION 12. DCF 252.09 (5) is created to read:
DCF 252.09 (5) CHILD CARE VEHICLE SAFETY ALARM. (a) A vehicle shall be equipped with a child safety alarm that prompts the driver to inspect the vehicle for children before exiting if all of the following conditions apply:
1. The vehicle is owned or leased by a licensee or a contractor of a licensee.
2. The vehicle has a seating capacity of 6 or more passengers plus the driver. The seating capacity of the vehicle shall be determined by the manufacturer.
3. The vehicle is used to transport children in care.
(b) No person may shut off a child safety alarm unless the person first inspects the vehicle to ensure that no child is left unattended in the vehicle.
(c) The child safety alarm shall be properly maintained and in good working order each time the vehicle is used for transporting children to or from a base camp.
Note: Information on the required vehicle safety alarm is available in the “child care licensing/information for providers" section of the department website at http://dcf.wisconsin.gov.
SECTION 13. EFFECTIVE DATE. This rule shall take effect the first day of the month following publication in the Administrative Register as provided in s. 227.22 (2) (intro.), Stats.
STATE OF WISCONSIN
DEPARTMENT OF ADMINISTRATION
DOA-2049 (R03/2012)
Division of Executive Budget and Finance
101 East Wilson Street, 10th Floor
P.O. Box 7864
Madison, WI 53707-7864
FAX: (608) 267-0372
ADMINISTRATIVE RULES
Fiscal Estimate & Economic Impact Analysis
1. Type of Estimate and Analysis
X Original   Updated   Corrected
2. Administrative Rule Chapter, Title and Number
DCF 202, Child Care Certification; DCF 250, Family Child Care Centers; DCF 251, Group Child Care Centers; and DCF 252, Day Camps for Children and Day Care Programs Established by School Boards.
3. Subject
Child Care Vehicle Safety Alarm
4. Fund Sources Affected
5. Chapter 20, Stats. Appropriations Affected
GPR   FED   PRO   PRS   SEG   SEG-S
6. Fiscal Effect of Implementing the Rule
No Fiscal Effect
Indeterminate
Increase Existing Revenues
Decrease Existing Revenues
X Increase Costs
X Could Absorb Within Agency's Budget
Decrease Cost
7. The Rule Will Impact the Following (Check All That Apply)
State's Economy
X Local Government Units
Specific Businesses/Sectors
Public Utility Rate Payers
Small Businesses (if checked, complete Attachment A)
8. Would Implementation and Compliance Costs Be Greater Than $20 million?
Yes   X No
9. Policy Problem Addressed by the Rule
Section 48.658 (4), Stats., directs the department to promulgate rules that include the requirement that the department, whenever it inspects a child care provider that is licensed under s. 48.65 (1) or established or contracted for under s. 120.13 (14), and a certification agency, whenever it inspects a child care provider that is certified under s. 48.651, to inspect the child safety alarm of each child care vehicle that is used to transport children to and from the child care provider to determine whether the child safety alarm is in good working order.
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
Certification agencies, Wisconsin Child Care Administrators Association, Wisconsin Family Child Care Association, Wisconsin Early Childhood Association, Supporting Families Together Association, AFSCME, and Wisconsin Intertribal Child Care Association.
11. Identify the local governmental units that participated in the development of this EIA.
Waukesha County Health and Human Services
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
There is no economic or fiscal impact on child care providers. The child care vehicle safety alarm requirements in the rule are also in statute.
The rule affects the department and certification agencies. Section 48.658 (4), Stats., directs the department to promulgate rules that include the requirement that the department or certification agency inspect the child care vehicle of child care licensees and certified child care operators to determine whether the child safety alarm is in good order. The rules provide that the department shall inspect a child care vehicle of licensees at least once per year. Certification agencies shall inspect a child care vehicle before initial certification, recertification, or within 30 days following a child care operator's move to a new location.
The economic or fiscal effect of the rules on certification agencies and the department is the cost of the difference between the frequency that the rules require inspections of child care vehicles and the cost of less frequent inspections. Inspection of child care vehicles can be time-consuming if the vehicle is not on the child care premises when the department or certification agency is there for other reasons. The department's inspections of child care licensees are unannounced. Certification agencies do an unannounced inspection of certified child care operators at least once every 2 years and other inspections may be scheduled. The vehicle may not be present at the time of an inspection because the child care provider contracts with a third-party transportation company or the vehicle may be in use transporting children.
One certification agency commented.
Waukesha County Health and Human Service's certification program does not have a financial impact in doing inspections with monitoring the car alarms for this proposed rule. The certifiers have been checking this for the past few years as part of the routine transportation section for car alarms in DCF 202 standards. We check this at initial visits, re- certifications, and, if needed, during monitoring visits. Most of our providers have chosen to either not transport or use a car that has less than 6 passengers, so we do not have many providers transporting at this time.
Four group child care centers commented.
1. I do not see any issues. The alarm requirement is already effective. The rule clarifies what the licensing specialist expects.
2. I agree with the rule. All safeguards should be in place to ensure no harm comes to the children.
3. The cost is around $125 for each vehicle, which is not bad.
4. There was a cost to this requirement, especially because we have 3 vehicles. We are looking at the safety of our children and that is worth more than any amount of money. The alarm requirement should apply to any vehicle that carries groups of children.
Three family child care centers commented. In general, licensed family child care centers may not provide care to more than 8 children under the age of 7, and certified child care providers may not provide care for more than 3 unrelated children under the age of 7.
1. The alarm requirement should not apply to family child care centers. It is an unnecessary cost that I cannot afford. We already are required to have a system of counting to know how many and where children are at all times. A center that cannot handle that should not be caring for children. The alarm requirement is an unnecessary cost that I cannot afford. It has taken away the field trips that the children looked forward to. The alarm may be warranted for larger centers and centers with larger vehicles, but it is not warranted for family child care centers.
2. Field trips used to be a vital part of my child care program, but I ended the field trips and sold my van because of the alarm requirement. I could not figure out how to comply with the requirement and keep the children safe. I would have to unload the children and leave them unattended to enter the van and climb to the back to turn off the alarm.
3. The alarm requirement should be changed to apply only to passenger vehicles of 8 or more in addition to the driver instead of 6 or more. Child care programs are already facing hardship because of Youngstar and other Shares policies. School buses are not required to have a safety alarm.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
Section 48.658 (4), Stats., directs the department to promulgate the rule.
14. Long Range Implications of Implementing the Rule
None
15. Compare With Approaches Being Used by Federal Government
NA
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
None of the adjacent states have a child care vehicle safety alarm requirement.
17. Contact Name
18. Contact Phone Number
Jill Chase
(608) 267-7933
This document can be made available in alternate formats to individuals with disabilities upon request.
Notice of Hearing
Natural Resources
Fish, Game, etc., Chs. 1
(DNR # FH-34-13)
NOTICE IS HEREBY GIVEN THAT pursuant to ss. 227.16 and 227.17, Stats, the Department of Natural Resources, hereinafter the Department, will hold a public hearing on Board Order FH-34-13 affecting Chapters NR 20 and 23, relating to trolling regulations on inland and boundary waters of Wisconsin on the date and at the time and locations listed below.
Hearing Date and Locations
Date and time
April 14, 2014, at 7:00 p.m.
Locations (listed by county)
Adams
Adams County Courthouse County Board Room
400 Main Street, Friendship, WI 53934
Ashland
Ashland County Court House 3rd Floor Court Room
201 Main Street West, Ashland, WI 54806
Barron
Barron County Government Center Auditorium
335 E Monroe Avenue, Barron, WI 54812
Bayfield
Drummond Civic Center
52540 Front Avenue, Drummond, WI 54832
Brown
NWTC Corporate Conference Center Room CC210
2740 W Mason St., Green Bay, WI 54307
Buffalo
Alma High School Gymnasium
S1618 State Road 35, Alma, WI 54610
Burnett
Burnett County Government Center Room 165
7410 County Road K, Siren, WI 54872
Calumet
Calumet County Courthouse Room B025
206 Court Street, Chilton, WI 53014
Chippewa
Chippewa Falls Middle School
750 Tropicana Boulevard, Chippewa Falls, WI 54729
Clark
Greenwood High School Cafetorium
306 W Central Avenue, Greenwood, WI 54437
Columbia
Poynette Village Hall
106 S Main Street, Poynette, WI 53955
Crawford
Prairie du Chien High School
800 E Crawford Street, Prairie du Chien, WI 53821
Dane
Middleton High School Performing Arts Center
2100 Bristol Street, Middleton, WI 53562
Dodge
Horicon Marsh International Ed. Center Lower Auditorium
N7725 STH 28, Horicon, WI 53032
Door
Sturgeon Bay High School Commons
1230 Michigan Street, Sturgeon Bay, WI 54235
Douglas
Solon Springs High School
8993 E Baldwin Avenue, Solon Springs, WI 54873
Dunn
Dunn County Fish and Game Club
1600 Pine Avenue, Menomonie, WI 54751
Eau Claire
CVTC Business Ed. Center Room 103
620 W Clairemont Ave., Eau Claire, WI 54701
Florence
Florence Natural Resources Center
5631 Forestry Drive, Florence, WI 54121
Fond du Lac
Theisen Middle School
525 E Pioneer Road, Fond du Lac, WI 54935
Forest
Crandon High School
9750 US Highway 8 West, Crandon, WI 54520
Grant
Lancaster High School Auditorium
806 E Elm Street, Lancaster, WI 53813
Green
Monroe Middle School
1510 13th Street, Monroe, WI 53566
Green Lake
Green Lake High School Small Gymnasium
612 Mill Street, Green Lake, WI 54941
Iowa
Dodgeville High School Gymnasium
912 Chapel Street, Dodgeville, WI 53533
Iron
Mercer Community Center
2648 W Margaret Street, Mercer, WI 54547
Jackson
Black River Falls Middle School LGI Room
1202 Pierce Street, Black River Falls, WI 54615
Jefferson
Jefferson County Fair Park Activity Center
503 N Jackson Avenue, Jefferson, WI 53549
Juneau
Olson Middle School Auditorium
508 Grayside Avenue, Mauston, WI 53958
Kenosha
Bristol School District #1 Gymnasium
20121 83rd Street, Bristol, WI 53104
Kewaunee
Kewaunee High School Little Theater
911 3rd Street, Kewaunee, WI 54216
La Crosse
Onalaska High School Performing Arts Center
700 Hilltopper Place, Onalaska, WI 54650
Lafayette
Darlington Elementary School Lg. Group Room
11630 Center Hill Rd., Darlington, WI 53530
Langlade
Antigo High School Volm Theater
1900 10th Avenue, Antigo, WI 54409
Lincoln
Merrill High School Auditorium
1201 N Sales Street, Merrill, WI 54452
Manitowoc
UW-Manitowoc Theatre
705 Viebahn Street, Manitowoc, WI 54220
Marathon
D.C. Everest Middle School Auditorium
9302 Schofield Avenue, Weston, WI 54476
Marinette
Wausaukee High School Auditorium
N11941 Highway 141, Wausaukee, WI 54177
Marquette
Montello High School Community Room
222 Forest Lane, Montello, WI 53949
Menominee
Menominee County Courthouse
W3269 Courthouse Lane, Keshena, WI 54135
Milwaukee
Nathan Hale High School Auditorium
11601 W Lincoln Avenue, West Allis, WI 53227
Monroe
Meadowview School Cafetorium
1225 N Water Street, Sparta, WI 54656
Oconto
Suring High School Cafeteria
411 E Algoma Street, Suring, WI 54174
Oneida
James William Middle School
915 Acacia Lane, Rhinelander, WI 54501
Outagamie
Riverview Middle School Auditorium
101 Oak Street, Kaukauna, WI 54130
Ozaukee
Webster Middle School Commons
W75 N624 Wauwatosa Road, Cedarburg, WI 53012
Pepin
Pepin County Government Center County Board Room
740 7th Avenue West, Durand, WI 54736
Pierce
Ellsworth High School Auditorium
323 Hillcrest Street, Ellsworth, WI 54011
Polk
Unity High School Auditorium
1908 State Hwy 46, Balsam Lake, WI 54810
Portage
Ben Franklin Junior High School Auditorium
2000 Polk Street, Stevens Point, WI 54481
Price
Price County Courthouse Boardroom
126 Cherry Street, Phillips, WI 54555
Racine
Union Grove High School
3433 S Colony Avenue, Union Grove, WI 53182
Richland
Richland County Courthouse
181 W Seminary Street, Richland Center, WI 53581
Rock
Milton High School Auditorium
114 W High Street, Milton, WI 53563
Rusk
Ladysmith High School Auditorium
1700 Edgewood Avenue East, Ladysmith, WI 54848
Saint Croix
St. Croix Central High School Commons
1751 Broadway Street, Hammond, WI 54015
Sauk
UW-Baraboo Campus, Lecture Hall A-4
1006 Connie Road, Baraboo, WI 53913
Sawyer
Winter High School Auditorium
6585 Grove Street, Winter, WI 54896
Shawano
Shawano Middle School Room LGI
1050 S Union Street, Shawano, WI 54166
Sheboygan
Plymouth High School Auditorium
125 Highland Avenue, Plymouth, WI 53073
Taylor
Taylor County Multipurpose Meeting Room
Hwy 64/Hwy 13, Medford, WI 54451
Trempealeau
Whitehall City Center Gymnasium
18620 Hobson Street, Whitehall, WI 54773
Vernon
Viroqua High School Commons
100 Blackhawk Drive, Viroqua, WI 54665
Vilas
St. Germain Elementary School Gymnasium
8234 Hwy 70 West, St. Germain, WI 54558
Walworth
Delavan-Darien High School LGR Room 124/125
150 Cummings Street, Delavan, WI 53115
Washburn
Spooner High School Auditorium
801 County Highway A, Spooner, WI 54801
Washington
Washington County Fair Park
3000 Hwy PV, West Bend, WI 53095
Waukesha
Waukesha Co. Tech. Coll., Richard Anderson Center
800 Main Street, Pewaukee, WI 53072
Waupaca
Waupaca High School Performing Arts Center
E2325 King Road, Waupaca, WI 54981
Waushara
Waushara Co. Court House Board Room 265
209 S Saint Marie St., Wautoma, WI 54982
Winnebago
Webster Stanley Middle School Auditorium
915 Hazel Street, Oshkosh, WI 54901
Wood
Pittsville School District Admin. Building Auditorium
5459 Elementary Ave., Pittsville, WI 54466
Reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Contact Kari Lee-Zimmerman by email kari.leezimmerman@wisconsin.gov or by calling (608) 266-0580. A request must include specific information and be received at least 10 days before the date of the scheduled hearing.
Availability of the proposed rules and fiscal estimate
The proposed rule and supporting documents, including the fiscal estimate, may be viewed and downloaded from the Administrative Rules System Web site which can be accessed through the link https://health.wisconsin.gov/admrules/public/Home. If you do not have Internet access, a printed copy of the proposed rule and supporting documents, including the fiscal estimate, may be obtained free of charge by contacting Tim Simonson, Department of Natural Resources, Bureau of Fisheries Management 101 S. Webster St, Madison, WI, 53703, or by calling (608) 266-5222.
Submitting Comments and Deadline for Submission
Comments on the proposed rule must be received on or before April 14, 2014. Written comments may be submitted by U.S. mail, fax, email, 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 rules should be submitted to:
Tim Simonson
Department of Natural Resources
Bureau of Fisheries Management
101 S Webster St, Madison, WI 53703
Phone: 608-266-5222
Internet: Use the Administrative Rules System website accessible through the link provided above.
Analysis Prepared by the Department of Natural Resources
Statutory authority
Sections 29.014 (1) and 29.041, Stats., have been interpreted as giving the department the authority to make changes to fishing regulations on inland, outlying, and boundary waters of Wisconsin.
Plain language analysis of the proposed rule
The proposed rule would make modifications to portions of chs. NR 20 and 23, pertaining to trolling fishing regulations on inland and boundary waters of Wisconsin.
This rule would allow some form of trolling on all inland waters in Wisconsin, which would simplify current regulations and reduce confusion between trolling and position fishing. Trolling means fishing by trailing any lure, bait, or similar device that may be used to attract or catch fish from a boat propelled by a means other than drifting or rowing. Drifting or “row trolling" is allowed in all waters statewide. Position fishing means fishing from a boat in a manner where the fishing line extends vertically into the water while the boat is maneuvered by the use of a motor. Position fishing could be a musky angler fishing with a sucker as bait while maneuvering the boat, but the fishing line would have to remain vertical. If it is trailed out behind the boat or fished under a bobber, then a significant part of the fishing line is no longer vertical in the water and the person is then motor trolling, which is prohibited on many waters. Many anglers want the option to trail a fishing line behind their boat while maneuvering the boat and not need to worry whether the line is staying completely vertical in the water. Allowing trolling in all inland waters may remove the need to define position fishing and allow anglers to trail bait behind their boats as well as do other forms of trolling, such as using planar boards that extend fishing lines far from the boat while motoring through the water.
Allowing trolling statewide would:
1) simplify regulations by eliminating confusion about where trolling is or is not allowed;
2) allow moving boats to trail behind suckers or other minnows while occupants are casting on all waters;
3) eliminate the need for disabled anglers to have to apply for trolling permits; and
4) provide additional fishing opportunities for anglers who may have difficulty fishing by other methods.
The rule allows fishing by the method of trolling on all inland waters with one hook, bait, or lure and — depending on location — up to three hooks, baits, or lures. Trolling means trailing a lure or bait from a boat propelled by a means other than drifting or rowing, and Section 1 will also include means other than pedaling or paddling.
Section 2 (amending s. NR 20.06 (1)) allows trolling with one hook, bait, or lure statewide and applies county-wide to Iron, Menominee, Milwaukee, Ozaukee, and Vilas counties. It also applies county-wide to Fond du Lac and Waushara counties, with the exception of Lake Winnebago system waters in those counties that allow 3 hooks, baits, or lures when trolling.
Exceptions to the one hook, bait, or lure rule are listed in Section 3 (creating s NR 20.15 (4), covering 55 counties) and Sections 16, 20, 25, 32, 33, 35, 37, 48, 50, 55, 60, and 61 (amendments throughout s. NR 20.20 and ch. NR 23). All other sections repeal existing rule language for counties that will now be governed by Section 3, which allows trolling with up to three hooks, baits, or lures per person. Door, Florence, Jackson, Lincoln, Marathon, Marquette, Oneida, Sawyer, Sheboygan, and Washington counties will allow trolling with 3 hooks, baits, or lures on waters where it is currently allowed and trolling with 1 hook, bait, or lure on all other waters in the county. The number of hooks, baits, or lures allowed on Lake Michigan and Green Bay tributaries will match the number allowed in their respective counties. All Lake Winnebago system waters will allow trolling with up to 3 hooks, baits, or lures. There is no change to trolling rules on outlying waters and WI-MN, WI-IA, and WI-MI boundary waters, which already allow trolling with up to three hooks, baits, or lures except on WI-MI boundary waters of Vilas County which will allow trolling with only 1 hook, bait, or lure.
Summary of and comparison with existing or proposed federal statutes and regulations
Authority to promulgate fishing regulations is granted to states. None of the proposed changes violate or conflict with federal regulations.
Comparison with rules in adjacent states
Motor trolling has been allowed for decades in Michigan (3 lines) and Minnesota (1 line). Trolling is allowed in Illinois provided the angler has not more than three poles and lines with not more than two hooks or lures on each. Iowa anglers may not use more than two lines or more than two hooks on each line when still fishing or trolling; if trolling and bait casting, one cannot use more than two trolling spoons or artificial baits on one line. A third line may be used when possessing a valid third line fishing permit.
Summary of factual data and analytical methodologies
Restrictions on motor trolling are inconsistently applied across the inland waters of Wisconsin. There is no biological justification for this inconsistency from lake-to-lake or county-to-county; angling success (catch rates) and harvest of muskellunge, walleye, or northern pike do not differ between casting and trolling. Also, a variety of interpretations still exist among anglers regarding the differences between “motor trolling" and “position fishing." For example, the practice of drifting with live bait and occasionally repositioning the boat, usually with an electric motor (often while also casting and retrieving an artificial lure), is specifically prohibited, yet many anglers believe this method is consistent with the definition of “position fishing." There are two primary concerns related to motor trolling: first, that trolling will result in more conflicts among anglers on small lakes, and second, that trolling negatively impacts the size-structure of fish populations (mainly muskellunge). However, the department has had no reports of user conflicts from the considerable number of waters already open to motor trolling, even though most are less than 400 acres in size.
In 2012, attendees of the statewide Spring Fish and Wildlife Hearings voted in favor of a Conservation Congress advisory question to allow motor trolling statewide, with 1,928 people in favor and 1,576 people opposed. In a 2010-11 statewide mail survey, 64% of musky anglers reported doing some amount of trolling for muskellunge in Wisconsin during 2010, and 91% indicated they would do some amount of trolling if it were legalized statewide.
A 2013 rule (FH-18-12) proposed by the department originally included a trolling proposal that would have allowed trolling on all inland waters statewide with up to three hooks, baits, or lures per angler (three is the maximum number of hooks, baits, or lures that a person may use while hook and line fishing). After public hearings in each county and discussions with Wisconsin Conservation Congress delegates, the rule was modified to allow trolling on all inland waters statewide with one hook, bait, or lure per angler, and allowing trolling with up to three hooks, baits, or lures in most counties of the State and some individual waters. However, after submitting the rule to the Governor's Office of Regulatory Compliance, it requested that the department remove all trolling elements from the rule and obtain additional public input on a trolling proposal.
Analysis and supporting documents used to determine effect on small business or in preparation of an economic impact analysis
It is not expected that there will be any economic impact directly related to these rule changes. The proposed rule does not apply directly to businesses, but to sport anglers. The department will conduct an economic impact analysis to determine if any individuals, businesses, local governments, or other entities expect to be affected economically.
Effects on Small Business
The rule is not expected to have an effect on small businesses. The proposed rule does not impose any compliance or reporting requirements on small businesses nor are any design or operational standards contained in the rule.
The 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 adoption of the proposed rules would not involve significant adverse environmental effects and would not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on comments received, an environmental analysis may be prepared before proceeding. This analysis would summarize the Department's consideration of the impacts of the proposal and any reasonable alternatives.
Fiscal Estimate Summary
It is not expected that there will be any economic impact directly related to these rule changes. The proposed rule does not apply directly to businesses, but to sport anglers. The rule is not expected to have an effect on small businesses. The proposed rule does not impose any compliance or reporting requirements on small businesses nor are any design or operational standards contained in the rule.
Agency Contact Person
Tim simonson
Department of Natural Resources
P.O. Box 7921
Madison, WI 53707-7921
Telephone: (608) 266-5222
Email: timothy.simonson@wisconsin.gov
STATE OF WISCONSIN
DEPARTMENT OF ADMINISTRATION
DOA-2049 (R03/2012)
Division of Executive Budget and Finance
101 East Wilson Street, 10th Floor
P.O. Box 7864
Madison, WI 53707-7864
FAX: (608) 267-0372
ADMINISTRATIVE RULES
Fiscal Estimate & Economic Impact Analysis
1. Type of Estimate and Analysis
X Original   Updated   Corrected
2. Administrative Rule Chapter, Title and Number
NR 20, Fishing: Inland Waters; Outlying Waters and NR 23, Wisconsin-Michigan Boundary Waters
3. Subject
Trolling regulations on inland and boundary waters of Wisconsin
4. Fund Sources Affected
5. Chapter 20, Stats. Appropriations Affected
GPR   FED   PRO   PRS   SEG   SEG-S
6. Fiscal Effect of Implementing the Rule
X No Fiscal Effect
Indeterminate
Increase Existing Revenues
Decrease Existing Revenues
Increase Costs
Could Absorb Within Agency's Budget
Decrease Cost
7. The Rule Will Impact the Following (Check All That Apply)
State's Economy
Local Government Units
Specific Businesses/Sectors
Public Utility Rate Payers
Small Businesses (if checked, complete Attachment A)
8. Would Implementation and Compliance Costs Be Greater Than $20 million?
Yes   X No
9. Policy Problem Addressed by the Rule
This rule is being pursued in order to allow some form of trolling on all inland waters in Wisconsin, which would simplify current regulations and reduce angler confusion between trolling and position fishing.
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
For comments on the economic impact of the rule, the department will be contacting the Wisconsin Conservation Congress, the Wisconsin Counties Association, League of Wisconsin Municipalities, tribal entities, and many other angling associations throughout the state.
11. Identify the local governmental units that participated in the development of this EIA.
If any local governmental units request to coordinate with the department on preparation of the EIA they will be listed here.
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
It is not expected that there will be any economic impact directly related to these rule changes. The proposed rule does not apply directly to businesses, but to sport anglers. The rule is not expected to have an effect on small businesses. The proposed rule does not impose any compliance or reporting requirements on small businesses nor are any design or operational standards contained in the rule.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
Restrictions on motor trolling are inconsistently applied across the inland waters of Wisconsin. There is no biological justification for this inconsistency from lake-to-lake or county-to-county; angling success (catch rates) and harvest of muskellunge, walleye, or northern pike do not differ between casting and trolling. Also, a variety of interpretations still exist among anglers regarding the differences between “motor trolling" and “position fishing." For example, the practice of drifting with live bait and occasionally repositioning the boat, usually with an electric motor (often while also casting and retrieving an artificial lure), is specifically prohibited, yet many anglers believe this method is consistent with the definition of “position fishing." There are two primary concerns related to motor trolling: first, that trolling will result in more conflicts among anglers on small lakes, and second, that trolling negatively impacts the size-structure of fish populations (mainly muskellunge). However, the department has had no reports of user conflicts from the considerable number of waters already open to motor trolling, even though most are less than 400 acres in size.
14. Long Range Implications of Implementing the Rule
No state fiscal impact is expected.
Allowing trolling statewide would:
1) simplify regulations by eliminating confusion about where trolling is or is not allowed;
2) allow moving boats to trail behind suckers or other minnows while occupants are casting on all waters;
3) eliminate the need for disabled anglers to have to apply for trolling permits; and
4) provide additional fishing opportunities for anglers who may have difficulty fishing by other methods.
15. Compare With Approaches Being Used by Federal Government
Authority to promulgate fishing regulations is granted to states. None of the proposed changes violate or conflict with federal regulations.
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
Motor trolling has been allowed for decades in Michigan (3 lines) and Minnesota (1 line). Trolling is allowed in Illinois provided the angler has not more than three poles and lines with not more than two hooks or lures on each. Iowa anglers may not use more than two lines or more than two hooks on each line when still fishing or trolling; if trolling and bait casting, one cannot use more than two trolling spoons or artificial baits on one line. A third line may be used when possessing a valid third line fishing permit.
A 2013 department rule (FH-18-12) originally included a trolling proposal that would have allowed trolling on all inland waters statewide with up to three hooks, baits, or lures per angler (three is the maximum number of hooks, baits, or lures that a person may use while hook and line fishing). After public hearings in each county and discussions with Wisconsin Conservation Congress delegates, the rule was modified to allow trolling on all inland waters statewide with one hook, bait, or lure per angler, and allowing trolling with up to three hooks, baits, or lures in most counties of the State and some individual waters. However, after submitting the rule to the Governor's Office of Regulatory Compliance, it requested that the department remove all trolling elements from the rule and obtain additional public input on a trolling proposal.
17. Contact Name
18. Contact Phone Number
Tim Simonson
608-266-5222
This document can be made available in alternate formats to individuals with disabilities upon request.
Notice of Hearing
Natural Resources
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