Anglers are advised to not eat any lake sturgeon from Green Bay because of PCB contamination. The sturgeon passed over the Menominee Dam will have identification tags inserted under their skin, but will not have any external mark that tells an angler that the sturgeon came from Green Bay. If anglers catch and keep a lake sturgeon that was transported from Green Bay past the Menominee Dam, personnel at sturgeon registration stations would scan the identification tag and advise anglers not to eat it. The lake sturgeon would likely be discarded, resulting in waste of a natural resource.
The emergency rule is necessary to prevent the harvest and consumption of lake sturgeon that have been transported from Green Bay upstream past the Menominee Dam. In addition, it will prevent the harvest and waste of sturgeon that should not be eaten.
Current rules allow an angler to harvest by hook and line one lake sturgeon over 60 inches per season (the first Saturday in September to September 30) upstream from the Menominee Dam on the Menominee River. Only catch and release fishing is allowed downstream of the Menominee Dam on the Menominee River. SECTION 1 extends the catch and release lake sturgeon fishing area to the Grand Rapids Dam, an additional 20-mile stretch of the river. Anglers will still have the opportunity to harvest a sturgeon greater than 60 inches in length in the more than 40 river miles upstream from the Grand Rapids Dam.
5. 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.
6. Comparison with Similar Rules in Adjacent States: The Menominee River is a Wisconsin-Michigan boundary water. The Michigan Department of Natural Resources is also pursuing a rule change to match the lake sturgeon regulations proposed in this rule. The change made by both states will ensure there are consistent lake sturgeon regulations on this shared waterbody.
7. Summary of Factual Data and Analytical Methodologies Used and How Any Related Findings Support the Regulatory Approach Chosen: 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.
The department insured that accuracy, integrity, and consistency of data were used in preparing the proposed rule and related analysis.
8. Analysis and Supporting Documents Used to Determine the Effect on Small Business or in Preparation of an Economic Impact Report: 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. It is not expected that there will be any economic impact or change directly related to these rule changes. 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 lake sturgeon have been harvested above the Menominee Dam since 2006. The Peshtigo DNR Service Center is an alternate registration station.
9. Effect on Small Business (initial regulatory flexibility analysis): 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. The proposed rule does not impose any reporting requirements on small businesses nor are any design or operational standards contained in the rule.
10. Agency Contact Person:
Mike Donofrio
101 N. Ogden Rd., Suite A
Peshtigo, WI 54157-1734
(715) 582-5050
11. Place where comments are to be submitted and deadline for submission:
Written comments may be submitted at the public hearings, by regular mail, fax or email to the person listed above. Written comments may also be submitted to the Department using the Wisconsin Administrative Rules Internet website at http://adminrules.wisconsin.gov. A public hearing will be held September 29, 2015 in Peshtigo. The comment submission deadline is September 30.
Section 1 NR 23.05 (5) (c) is amended to read:
NR 23.05 (5) (c) LAKE STURGEON
1. Menominee river, upstream from Hattie St. Grand Rapids dam | First Saturday in September to September 30 | 1 per season | 60 |
1m. Menominee river, downstream from Hattie St. Grand Rapids dam | First Saturday in September to September 30 | 0 (catch-and-release only) | Harvest prohibited |
2. All other boundary waters | No open season | -- | -- |
Section 2. Statement of Emergency. The department finds that an emergency rule is needed to promote the preservation and protection of health, safety, and welfare for recreational anglers on the Menominee River, a boundary water with the State of Michigan. The emergency rule is necessary to prevent harvest and consumption of lake sturgeon from the Menominee River downstream of the Grand Rapids Dam during the 2015 lake sturgeon harvest season.
Section 3. Effective Date. This rule shall take effect on September 1, 2015.
Section 4. Board adoption. This rule was approved and adopted by the State of Wisconsin Natural Resources Board on August 12, 2105.
