The proposed rule would codify some of the best management practices, including the closure of gill net fishing in Lake Pepin. The State of Minnesota has also prohibited the use of gill nets in Lake Pepin. Under s. NR 21.11 (1) (p), the department is currently able to require any commercial fisher to cease fishing operations when they are destructive to game fish or will endanger any other species of wild animal. Rather than annually using this policy authority, the changes will be made permanent in chapter NR 21.
4. Detailed explanation of statutory authority for the rule:
Section 29.014 (1), Stats., 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 29.604 (1) and (6m), Stats., find that certain wild animals are endangered or threatened and are entitled to preservation and protection as a matter of general state concern, and that the department may issue a permit authorizing a taking that otherwise is prohibited if the taking is only incidental to an otherwise lawful activity. 5. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
Approximately 180 hours
6. List with description of all entities that may be affected by the proposed rule:
There are approximately 60 commercial fishers with net licenses who may fish anywhere along the Wisconsin waters of the Mississippi River. Only six commercial fishers with net licenses actively fish in Lake Pepin. Approximately 100 people have setline licenses that they are able to use in Wisconsin waters of the Mississippi River, but a majority of those people use setlines solely for recreational fishing.
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:
No federal regulations apply. 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):
It is expected that the proposed rule would have minimal economic impact overall and on small commercial fishing businesses. (Governor’s Executive Order 50, level 3 economic impact analysis of less than $50,000) Only six commercial fishers actively fish Lake Pepin with gill nets, and only during certain times of the year. To help alleviate any potential loss of fishing activity, the department plans to allow gill net fishing in two bays in the upper portions of Lake Pepin, known as Wacouta Bay and Catherine’s Pass, because it is uncommon for paddlefish and lake sturgeon to use these bays.
The Department will conduct an economic impact analysis to gather comments from any individuals, businesses, local governments, or other entities that expect to be affected economically by the rule change.
9. Anticipated number, month and locations of public hearings:
The Department anticipates holding one public hearing in the fall of 2016 in the City of Pepin, WI.
Contact Person: Kate Strom Hiorns, 608-266-5206
