Michigan statutes specify that genetically engineered fish may not be introduced, and the Michigan Department of Natural Resources internal policy on stocking describes the guidelines for maintaining genetic integrity in stocked waters. No other neighboring states have established rules or policy relating to the role of genetics in stocking.
8. Summary of Factual Data and Analytical Methodologies Used and How Any Related Findings Support the Regulatory Approach Chosen:
The department’s handbook chapter on fish stocking explains the importance of stocking strains of fish that are genetically adapted to the local area. Central to this stocking strategy is meeting the management goals for the diverse fisheries of the state. The department’s stocking strategy ensures that a stock selected for transfer is compatible with the geographic area in which stocking occurs, and does not put unique genetic resources at risk. Because each native fish population’s genetics is well suited to the environment, maintaining the genetics within these populations helps maintain population diversity across the state. Stocking with strains not suited to the local environment could reduce the genetic diversity of the local population and may contribute to outbreeding depression, in which introduced genetics result in offspring with inferior fitness.
To determine which strains are appropriate for stocking, the department creates species-specific management plans that include information on the genetic structure of populations across the landscape and spatially distinct genetic management units that encompass genetically similar populations. The department analyzes the genetic composition of wild fish populations by collecting tissue samples across a broad array of populations and comparing the polymorphic genetic markers to identify genetic differences. To arrive at a stocking plan, the department assesses genetic population structure and diversity and reproductive biology, determines broodstock collection protocols and sources that will preserve genetic diversity, and locations appropriate for stocking. Walleye, muskellunge, and lake sturgeon are examples of species for which genetics are significant considerations. A challenge of these policies is that private aquaculture may not have fish with genetics that the department has determined are the most appropriate for a region. New policies will make it possible to work cooperatively with private aquaculture so that they have access to genetically appropriate fish as well as to establish predictable stocking policies.
The department’s policy on receiving gifts, which would include donations of live fish or fish eggs, is described in manual codes 1401 and 1403.11 as well as a new manual code currently under development. Rules related to standardizing donations of fish will closely reflect the policy outlined in these manual codes. It is the policy of the Natural Resources Board to accept gifts and bequests for the promotion of activities beneficial to the preservation, wise use and scientific management of Wisconsin’s natural resources. Significant donations are accepted at monthly meetings of the board; however, this process may not be responsive enough to utilize gifts of live fish or eggs for stocking into waters of the state. Private aquaculturists have offered surplus fish to the department in the past, but the department has been unable to take advantage of this opportunity because a clear and streamlined process for accepting such donations was not in place.
9. Analysis and Supporting Documents Used to Determine the Effect on Small Business or in Preparation of an Economic Impact Report:
According to the report “A Consumer’s Guide for Wisconsin Farm-raised Fish,” jointly produced by the Wisconsin Aquaculture Association, University of Wisconsin-Extension, Wisconsin Department of Agriculture, Trade and Consumer Protection and the University of Wisconsin-Stevens Point Northern Aquaculture Demonstration Facility, aquaculture results in the sale of over $14 million in fish and minnows and contributes $21 million in economic activity to the state. Because these rules will provide additional flexibility to the aquaculture industry, these rules may benefit private aquaculturists, which could in turn increase the industry’s contribution to the state’s economy.
10. Effect on Small Business (initial regulatory flexibility analysis):
These rules may create additional opportunities for businesses in the aquaculture industry, which may generate beneficial economic impacts. For example, aquaculturists may gain access to unique wild genetics through cooperative agreements with the department, and public and private partnerships to produce fish may be created. The department has met with the representatives of the aquaculture industry and state-licensed commercial fishing representatives and has held public meetings to consider policies and regulations relating to these rules.
The rules will not have an economic impact on recreational angling, though recreational anglers may indirectly benefit from new partnerships for stocking fish into waters of the state.
The rule will not impose new compliance or reporting requirements or design or operational standards.
The department developed a preliminary economic impact analysis and held a comment period pursuant to Governor’s Executive Order 50, Section IV, in winter 2018. Fiscal impacts on the department were also summarized in this analysis.
12. 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:
Meredith Penthorn
Department of Natural Resources
P.O Box 7921, Madison, WI 53707
608-316-0080
Section 1 NR 1.02 (4) (intro.) is renumbered NR 1.02 (4)(a).
Section 2 NR 1.02 (4) (b), (c) and (d) are created to read:
1.02 (4) (b) The department shall implement fish stocking strategies that recognize economic impact by species, provide opportunities to resident and non-resident anglers, and ensure that fish stocked are best suited to survive and thrive in the unique ecological conditions found throughout the state. These strategies shall be developed in coordination and consultation with private aquaculturists to ensure effective coordination and partnerships in protecting, sustaining and improving the genetic integrity of native, nonnative and self-sustained populations of fish of the species defined in s. NR 40.02 (30) within the state. (c) Preserving the genetic integrity of fish stocks that are documented and proven to survive and thrive in Wisconsin waters is a central goal of fisheries management in Wisconsin. All fish stocking in Wisconsin inland waters shall be authorized under a permit issued by the department and shall be conducted to maintain the genetic boundaries of fish best adapted to those waters. Stocking shall be considered an important restoration tool used to reestablish naturally reproducing populations and may not be conducted to the potential detriment of natural reproduction.
(d) In order to effectively meet statewide stocking goals, the department shall, on an annual basis, make available fish or fish eggs to private entities so they have access to the same genetic fish strains the state maintains in their hatchery system. This will provide additional resources and opportunities to ensure that statewide stocking needs are met through coordination and partnerships between the department and private entities.
Section 3 NR 1.985 is created to read:
1.985 Donation of live fish or fish eggs from a private fish farm. The department may accept gifts of live fish or fish eggs from a private fish farm located within Wisconsin if all of the following apply:
(1) The fish or fish eggs will be stocked into waters of the state accessible to the public for which stocking needs have not been met.
(2) The fish or fish eggs of the species to be stocked are of a compatible genetic strain to any existing native population of that species in the waters to be stocked.
(3) The fish or fish eggs are covered under a valid fish health certificate issued under s. ATCP 10.65. Section 4. Effective Date. This rule takes effect on the first day of the month following publication in the Wisconsin Administrative Register as provided in s. 227.22 (2) (intro.), Stats. Section 5. Board adoption. This rule was approved and adopted by the State of Wisconsin Natural Resources Board on June 26, 2019.
