consumptive opportunities where anglers can fish for a meal from a self-sustained, slow-growing fish population;
quality and memorable opportunities with a sustained or increased density of adult fish in the population, in which anglers can catch larger fish; and
trophy opportunities where anglers can catch large trophy-size fish with increased survival of older and larger fish.To improve regulatory consistency and reduce the number of special regulations, the department uses a “regulation toolbox” with a standard set of consumptive, quality, memorable and trophy opportunities for each species. In the majority of cases when a regulation change is warranted, the department applies an alternate toolbox regulation to the waterbody rather than a new regulation. The proposed rule would update administrative code with regulations that reflect the most current science and local desires for the specified waterbodies and fish populations. The rule may modify length and daily bag limits, possession limits, season dates, fish refuge classifications and other regulations.
Most recreational fishing regulation changes are updated in administrative code every two years. If the proposed rules are not put into place, the department will not be able to manage fish populations in the impacted waterbodies according to biological and social goals, and resident and visiting anglers may experience reduced fishing opportunities. However, existing regulations would remain in place to provide some level of continued protection of fish resources.
4. Detailed explanation of statutory authority for the rule (including the statutory citation and language):
Section 23.09 (2) (c), Stats., provides that the department may designate fish refuges to secure the perpetuation and adequate supply of any species of fish and provide safe retreats in which fish may breed and replenish adjacent fishing waters. Section 29.014, Wis. Stats., “rule-making for this chapter,” grants the department the authority to establish and maintain open and closed seasons, bag limits, size limits and other conditions that will conserve fish populations and provide good fishing opportunities for the citizens of the state. Section 29.041, Wis. 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. It also allows the department to establish a fishing season on specified bodies of water in certain urban areas to allow fishing only by persons who are under 16 years old or who are disabled, as specified in s. 29.193 (3) (a), (b), or (c), Stats. 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 of staff time will be required to develop these rules.
6. List with description of all entities that may be affected by the proposed rule:
The proposed rule will primarily affect recreational anglers, who will need to adapt to the new regulations. 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:
No federal regulations apply. States possess inherent authority to manage the fishery and wildlife resources within their boundaries, except insofar as preempted by federal treaties and laws, including regulations established in the Federal Registrar.
8. Anticipated economic impact of implementing the rule (note if the rule is likely to have an economic impact on small businesses):
Economic impacts directly related to these rule changes are expected to be minimal (less than $50,000). This rule simply modifies existing regulations and primarily affects recreational anglers. This rule will not require any expenditures from anglers or local businesses in order to comply with the regulation changes. One purpose of the rule is to help maintain the general economic impact of fishing throughout Wisconsin.
The proposed rule would not impose any reporting requirements on small businesses nor would any design or operational standards be contained in the rule. The rule would not allow for the potential to establish a reduced fine for small businesses, nor would it establish “alternative enforcement mechanisms” for “minor violations” of administrative rules made by small businesses.
9. Anticipated number, month and locations of public hearings:
The department anticipates holding public hearings in all 72 counties as part of the spring hearings and joint Conservation Congress meetings in April 2021. The department will present the list of questions that will appear on the spring hearings agenda to the Natural Resources Board in January 2021.
