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, 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, 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:
The department estimates that 100 hours will be needed to develop these rules.
6. List with description of all entities that may be affected by the proposed rule:
This rule will mainly affect individual anglers that currently fish the waters within the boundaries of any area proposed as a new fish refuge.
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 Register.
8. Anticipated economic impact of implementing the rule (note if the rule is likely to have an economic impact on small businesses):
These rules are not expected to have a direct economic impact, as they will only restrict fishing from a small area around fish passages and similar projects. These rules may have an indirect, positive economic impact since any fish refuges created through these rules will ensure the perpetuation of game fish species by allowing the fish to safely move across barriers and reach their spawning waters.
9. Anticipated number, month and locations of public hearings:
The department anticipates holding one public hearing for the emergency rule in the month of December 2022 and one public hearing for the permanent rule in the month of March 2023. Hearing cities will be: Milwaukee, WI or virtual by videoconference.
The department will hold these hearings in these locations to gain public input in the areas in which fish refuges are proposed.
