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Fish passage in the lower Menominee River is important in helping to restore the lake sturgeon population in Lake Michigan. The U.S. Fish and Wildlife Service estimates the total adult population of lake sturgeon in Lake Michigan at 3,000 fish. Wisconsin and Michigan have determined the adult population below the Menominee Dam is approximately 1,200 lake sturgeon. Poor recruitment of lake sturgeon has been documented below the Menominee Dam due to industrial development, contamination, and limited habitat. Moving sturgeon above the Menominee Dam would provide them access to underutilized juvenile and spawning habitat in the 20 river miles between the Grand Rapids and Menominee dams. Allowing the adult sturgeon population below the Menominee Dam access to the waters above that dam will expedite the restoration of this species in Lake Michigan.
4. Detailed explanation of statutory authority for the rule:
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 29.053 (2), Stats., provides that the Department may establish conditions governing the taking of fish for the State as a whole, for counties or parts of counties, or for waterbodies or parts of waterbodies. 5. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
Approximately 250 hours
6. List with description of all entities that may be affected by the proposed rule:
The proposed rule will primarily affect recreational anglers who fish the approximate 20 miles of river from the Grand Rapids Dam tailwaters to the Menominee Dam. As with any change in regulations, there will be a requirement for anglers to learn the new rules. The Department works to notify the public of new regulations via press releases, the internet, and fishing regulations pamphlets.
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:
Authority to promulgate fishing regulations is granted to states. None of the proposed changes violate or conflict with federal regulations.
8. Anticipated economic impact of implementing the rule:
It is not expected that there will be any economic impact or change directly related to these rule changes. The proposed rule will primarily affect sport anglers. Anglers will still have the opportunity to harvest a legal-sized sturgeon in over 40 miles of waters upstream of the Grand Rapids Dam. It is not expected that this rule would affect businesses that register sturgeon. There are only two non-Department sturgeon registration stations in the area and only 10 sturgeon have been harvested above the Menominee Dam since 2006. The Peshtigo Department Service Center is an alternate registration station.
9. Anticipated number, month and locations of public hearings:
The Department anticipates holding one public hearing for the emergency and permanent rules in September or October 2015. The hearing will be held in Peshtigo.
Contact Person: Mike Donofrio, Fisheries Team Supervisor (715) 582-5050
