Figure 1: Lake Michigan commercial fishing zones.
The overall lake whitefish population (all stocks) in Lake Michigan has generally been in decline for several years with fewer fish recruiting to replenish the stocks. The current lake whitefish commercial total allowable commercial harvest in Wisconsin waters of Lake Michigan (including Green Bay) is 2.88 million pounds of dressed whitefish per year, which was approved in 2010 (an increase from the prior limit). However, the total pounds of whitefish harvested has been significantly lower than this TAC for many years (Figure 2).
Figure 2: Lake Michigan commercial whitefish harvest by method compared to overall whitefish total allowable commercial harvest, 1960 - 2020
The trend of lower fish recruitment is especially true in the northern end of the lake. Preliminary data from an in-progress department-coordinated whitefish tagging study indicate that the whitefish from the Big Bay de Noc and North/Moonlight Bay stocks mix and contribute to the general Wisconsin commercial fishery in Lake Michigan. These data also indicate that some fish from these stocks, especially the Big Bay de Noc stock, move south into Wisconsin waters of Green Bay. In the lower half of Green Bay proper, however, whitefish stocks have been increasing in abundance and recolonizing historic spawning grounds over the past 10-15 years. Surveys show that some Wisconsin tributaries in Green Bay are sources of lake whitefish recruitment. Whitefish from these tributaries appear to generally remain in Green Bay as adults, with minimal movement into Lake Michigan.
Green Bay whitefish harvest
Due to the increase in whitefish abundance in lower Green Bay, this rule would provide a framework for allowing commercial fishers to harvest additional whitefish in Zone 1, consistent with the emergency rule. However, sport fishers have expressed concern about user conflicts in areas popular for recreational harvest of whitefish and other game fish, as well as commercial catch of non-target game fish species, which this rule addresses through new commercial fishing provisions in southern Green Bay.
To address bycatch issues, should they arise, existing rules require large mesh gill net users to move their nets if the level of bycatch reaches 10 percent of the total legal catch. Existing and proposed rules also limit the number of trap nets that a license holder may use at any one time.
Lake Michigan whitefish harvest
While whitefish stocks are increasing in southern Green Bay, the Lake Michigan whitefish population models indicate that stocks are stable or declining. Therefore, this rule adjusts the allowable harvest for Zones 2 and 3 in Lake Michigan to reflect the population model. When this rule is implemented in 2022, the Zone 3 allocation will remain the same as prior to the rule, at 351,487 pounds. After accounting for the Zone 3 allotment of 351,487 pounds, the remaining 448,920 pounds would be allotted to Lake Michigan waters of Zone 2. Therefore, the allowable harvest for Zone 2 (Lake Michigan and Green Bay waters combined) will decrease from the previous Zone 2 limit. However, the actual annual commercial whitefish harvest in Zone 2 has not approached the level of the new harvest limit over the past 8 years. Commercial fishers with individual quota allocations for Zone 2 will be able to fish in either the Green Bay waters of Zone 2, Lake Michigan waters of Zone 2 or both until the total allowable commercial harvest for Green Bay or Lake Michigan, less the Zone 1 and Zone 3 allowable harvest, is reached, to allow commercial fishers greater flexibility in where they fish for whitefish to maximize their individual quota allocations. Once the harvest limits for Zone 2 are reached, the Zone 2 waters of Green Bay, Lake Michigan, or both will be closed to further commercial fishing, but commercial fishers would be able to continue fishing in Zone 1 and Zone 3 as long as they still have available quota in those zones.
The allowable harvest in Zone 3 will not change in the short term with this rule. Therefore, Zone 3 commercial whitefish fishers would be able to continue fishing as they have under rules currently in effect. After future runs of the Lake Michigan population model, Zone 3 harvest would be limited either by 43.9135% of the future Lake Michigan TAC or 351,487 pounds, whichever is less. The 43.9135% was calculated by dividing the current Zone 3 allowable harvest of 351,487 pounds by the Lake Michigan TAC in this rule of 800,407 pounds.
Provisions for commercial fishing in southern Green Bay
Historically, commercial fishing activity for lake whitefish using trap nets in southern Green Bay has been low to zero since 1990. However, due to concerns about the potential impacts of increased trap net use on both sublegal whitefish that spawn in Green Bay as well as game fish species susceptible to becoming bycatch, which may result from the increased Zone 1 quota, a framework to allow for meaningful data collection and monitoring from trap net users is needed. This rule limits the number of trap nets that may be used in southern Green Bay at any one time, requires fishers to notify the department prior to lifting trap nets in this area, and requires reporting of bycatch. These provisions were devised as alternatives to establishment of a new restricted area due to concerns from the public that any commercial fisher could be issued a permit to fish at will in the proposed restricted area and, conversely, that the criteria for licensees to obtain a permit were too uncertain, especially since data on the impacts of trap nets on fish in this area are sparse. These proposed provisions aim to measure the impacts on species susceptible to becoming bycatch, limit user conflicts, and allow the department to monitor and collect data on trap net fishing activities.
Electronic harvest reporting
The use of an electronic harvest reporting system was first identified as a priority in the 2000 Commercial Fisheries Task Force report, but to date, the goal to receive all commercial harvest reports electronically has not been fulfilled. The report stated: “DNR shall establish an electronic Fish Harvest Reporting System (FHRS) in order to record and report all elements of the commercial catch. This system will replace the current biweekly reporting system, reducing paperwork and improving the timeliness and accuracy of reports. It will also form the basis for a database about fish populations that will assist with efficient management of the Great Lakes resource.”
The first electronic fish harvest reporting system was codified in 2008, with a mandate that all commercial fishers report electronically by July 2010. However, this rule was not ever fully implemented, so many commercial fishers continued to report on the biweekly paper forms, and rule-making in 2016 once again formally restored the paper reporting option with electronic reporting as an elective reporting method. Some commercial fishers have expressed discomfort with using smartphones or computers, or have noted inconsistent cell phone coverage to be able to enter reports when on the boat. However, over the past decade, advancements in cell phones, cell phone coverage, and integration of phones and mobile-friendly websites have improved exponentially, making electronic reporting even faster and easier. To safeguard against connectivity issues or system outages, the department has established procedures in s. NR 25.13 (2) (c), Wis. Admin. Code for situations in which the electronic device malfunctions or the licensee cannot connect to the electronic reporting system, including completing a paper copy of the report for that day before submitting it electronically upon reconnecting to the system. When this rule is implemented, all Great Lakes commercial fishers would be required to report information on their harvest and fishing activities through the current Electronic Fish Harvest Reporting System (EFHRS), which is a reporting option that multiple commercial fishers already utilize and which is the required reporting method in emergency rule FH-28-20 (E) / EmR 2114 / FH-10-21 (E) / EmR 2123. EFHRS is the only reporting method that can both provide timely data on commercial fish harvest and track bycatch levels on a daily basis, so its use is critical for both monitoring commercial fisheries and catch of bycatch for certain fisheries, such as whitefish. As with the emergency rule, to provide some flexibility for reporting if certain commercial fishers do not have easy access to a smartphone or computer while on the water, this rule would provide two options, one of which allows the commercial fisher to first record the information on a paper form after the last net lift of the day. To further assist commercial fishers in utilizing EFHRS, the department has developed an instruction manual on using the system and will provide training sessions as well.
10. Analysis and Supporting Documents Used to Determine the Effect on Small Business or in Preparation of an Economic Impact Report:
The rule will impact the harvest of lake whitefish by commercial fishers, and exact economic impacts are likely to vary among commercial fishers. Because of the shift in distribution and overall decline in lake whitefish populations, some members of the Lake Michigan commercial fishing community may benefit more from the increase of allowable whitefish harvest in Green Bay than others. Additionally, more commercial harvest of whitefish may benefit associated businesses that sell whitefish to consumers (restaurants, taverns, fish boils, fish markets, smoke houses, grocers, fish suppliers, etc.).
The rule is not anticipated to result in any economic impacts from harvest in Zones 2 and 3 because the actual harvest in Zone 2 has not reached the proposed level in several years, and the Zone 3 allowable harvest will not change initially through this rule. However, some commercial fishers may experience a minimal economic impact relating to mandatory use of EFHRS for reporting the daily catch.
While this rule will not impose any additional regulations on sport fishers or related fishing businesses, nor will it directly contribute to user conflicts with sport fishers, sport fishers, fishing guides and associated businesses may be impacted indirectly if the increased Zone 1 allowable harvest limit in this rule leads to additional commercial fishing activities in Green Bay. Sport fishing attracts many anglers to the area each year and contributes $264.3 million in direct and indirect effects to the Green Bay-area economy annually through fishing expenditures (bait shops, outfitters, guide services, etc.) and related spending (travel, hotels, restaurants, taverns, etc.)1, and the ice fishery and walleye fishery are increasing in popularity among sport fishers. Of note, sport fishers are concerned about the impacts of additional commercial fishing on bycatch of walleye, northern pike, smallmouth bass, yellow perch and other game fish species, as well as the effects on whitefish. This rule also creates provisions for collecting data on and monitoring trap net activities in southern Green Bay to address concerns of bycatch impacts, mortality of sublegal whitefish, and user conflicts.
1. Winden, Matthew, John Stoll, Kara Bennett and Russ Kashian. "The Economic and Fiscal Impact of Green Bay Recreational Fishing." University of Wisconsin-Whitewater, 2018.
11. Effect on Small Business (final regulatory flexibility analysis):
This rule is anticipated to positively impact commercial fishing businesses that fish for whitefish in Green Bay, as well as local businesses (restaurants, bars, taverns, fish markets, food processors, smoke houses, etc.) that purchase whitefish from commercial fishing businesses to sell to consumers. The exact amount of economic benefit that each commercial fisher may gain due to the increased allowable harvest in Zone 1 waters of Green Bay is unknown, as is the economic impact to associated businesses as a result of increased whitefish harvest. Currently, nine commercial fishing licensees and their employees actively fish for whitefish in Green Bay and have access rights to Zone 1, and additional commercial fishers may be able to purchase quota in Green Bay to fish there, thereby benefitting from this increase. Assuming a dockside value of $2 per pound for whitefish based on average dockside values over the past five years, a whitefish allowable harvest increase in Zone 1 of 207,603 pounds could convey up to a $415,206 dockside value benefit to the commercial fishing industry, which would translate into additional income for commercial fishers and their employees, as well as benefits to associated businesses (restaurants, fish markets, taverns, grocers, fish boils, etc.), non-profit organizations that utilize whitefish, and the local economy once the fish are sold at wholesale and retail prices. Four fish suppliers and restaurant managers commented that they have observed an increasing demand for fresh whitefish to supply markets both locally in Wisconsin, as well as in other states. The Door County Economic Development Corporation indicated that the commercial fishing industry supports the local economy and provides jobs with above-average wages, which contribute to spending in the local economy. However, the exact amount of benefit to businesses and the local economy is unknown at this time.
Commercial fishers that fish in Zone 2, which lies across northern Green Bay and Lake Michigan, may experience a negative economic impact from this rule only if they are unable to harvest as much whitefish as in the past due to limits on Green Bay and Lake Michigan whitefish harvest in Zone 2. Over the past 10 years, total harvest in Zone 2 has not approached the current Zone 2 allowable harvest limit, and over the past 8 years and with the 5-year average commercial harvest, the Zone 2 actual harvest has remained below the proposed Zone 2 allowable harvest, so this rule and its adjustments to the Zone 2 quota may not impact the amount of whitefish commercial fishers are able to harvest and therefore may not have an economic impact. Additionally, this rule would continue to allow commercial fishers with Zone 2 individual licensee catch quota allocations to fish anywhere in Zone 2 (including the Green Bay portion, with a higher concentration of whitefish), until the harvest limits for Green Bay and Lake Michigan waters of Zone 2 are reached. In Zone 3, the allowable harvest will not change, so no negative impact from this rule is expected for Zone 3 commercial whitefish fishers due to harvest limits. Therefore, this rule is expected to have a minimal economic impact on Zone 2 fishers and Zone 3 fishers.
This rule would require harvest reports to be entered electronically. EFHRS will require the commercial fisher or crew member to have access to a smartphone or computer to enter the electronic reports, and those that do not have a phone or computer would have to purchase such a device. According to the Pew Research Center (1), an estimated 85 percent of American adults owns a smartphone. With 46 licensed commercial fishers operating in Green Bay and Lake Michigan and 8 in Lake Superior, therefore, an estimated 7 commercial fishers in Lake Michigan and 1 in Lake Superior may not have a smartphone for entering reports electronically. However, some of these commercial fishers may have a computer for entering the reports, and crew members of licensees may also have an electronic device to enter the reports for the licensee’s commercial fishing operations. With this information, and estimating that a low-cost smartphone and basic data plan can be obtained for about $120 per year, the impact to each commercial fishing licensee and the industry overall is likely to be very minimal, about $960 per year in total at maximum.
The rule will not directly impact sport fishing businesses, but sport fishing businesses and anglers may have a perception of increased user conflict due to additional commercial fishing effort in Green Bay, namely Zone 1, if commercial fishing effort in Green Bay does in fact increase. Since the Green Bay fishery is a shared fishery between sport and commercial fishers, close monitoring of the impacts of the increased Zone 1 allowable harvest through this rule will be important for ensuring that the welfare of sport fishing businesses is also protected. User conflicts will likely remain the same or decrease slightly in Lake Michigan.
13. Place where comments are to be submitted and deadline for submission:
Written comments may be submitted at the public hearings, by regular mail, or email to:
Meredith Penthorn
Department of Natural Resources
P.O. Box 7921
Madison, WI 53707
Comments may be submitted to the department contact person listed above or to DNRAdministrativeRulesComments@wisconsin.gov until the deadline given in the upcoming notice of public hearing. The notice of public hearing and deadline for submitting comments will be published in the Wisconsin Administrative Register and on the department’s website, at https://dnr.wi.gov/calendar/hearings/. Comments may also be submitted through the Wisconsin Administrative Rules Website at https://docs.legis.wisconsin.gov/code/chr/active. The deadline for submission of comments was Jan. 4, 2022.
RULE TEXT
Section 1 NR 25.06 (2) (e) 1. is amended to read:
NR 25.06 (2) (e) 1. The total allowable annual commercial harvest of whitefish in Wisconsin waters of Lake Michigan and the total allowable annual commercial harvest of whitefish in Wisconsin waters of Green Bay shall be determined by the natural resources board based on recommendations from the department and results from Green Bay and Lake Michigan whitefish population models described under subd. 2. a.
Section 2 NR 25.06 (2) (e) 2. a. is repealed and recreated to read:
NR 25.06 (2) (e) 2. a. The department shall utilize the Green Bay whitefish population model for calculating the department recommendation for the total allowable commercial harvest of lake whitefish in Green Bay and shall utilize the Lake Michigan whitefish population model for calculating the department recommendation for the total allowable commercial harvest of lake whitefish in Lake Michigan. The recommendation for the total allowable commercial harvest for each area shall be calculated every three years using output from the population models. The population models shall use the following quantitative data for each whitefish management unit: weight at age, length at age, maturity schedule, trap net harvest by weight, trap net fishing effort by number of lifts, age composition of whitefish caught in trap nets, gill net harvest by weight, gill net fishing effort by number of lifts, age composition of whitefish caught in gill nets, recreational harvest by numbers, recreational fishing effort by angler hours, age composition of recreationally caught whitefish, and, in Green Bay, young-of-the-year index survey. An appropriate exploitation rate based on recent harvest trends shall be applied to the Green Bay and Lake Michigan model estimates, respectively, and the department may also account for whitefish mortality to reach the total allowable commercial harvest recommendation for Green Bay and the total allowable commercial harvest recommendation for Lake Michigan.
Section 3 NR 25.06 (2) (e) 2. b. is repealed and recreated to read:
NR 25.06 (2) (e) 2. b. For the 2022 and 2023 license years, the allowable harvest for zone 1 shall not exceed 48.4148% of the total allowable commercial harvest of whitefish in Green Bay determined under subd. 2. a. or 569,788 pounds. For any given license year after December 31, 2023, the allowable harvest for zone 1 shall not exceed 67.9758% of the total allowable commercial harvest of whitefish in Green Bay determined under subd. 2. a. or 800,000 pounds, whichever is less. For any given license year, the allowable harvest for zone 3 shall not exceed 43.9135% of the total allowable commercial harvest of whitefish in Lake Michigan determined under subd. 2. a. or 351,487 pounds, whichever is less, and the allowable harvest for zone 2 shall consist of the total allowable commercial harvest for Green Bay less the allowable harvest for zone 1 plus the total allowable commercial harvest for Lake Michigan less the allowable harvest for zone 3, and shall be implemented in accordance with subds. 2. c. and 5.
Section 4 NR 25.06 (2) (e) 2. c. and d. are created to read:
NR 25.06 (2) (e) 2. c. If the allocation for zone 2 exceeds the allowable harvest for zone 2 produced by the Green Bay and Lake Michigan population models as described under subd. 2. b., the adjusted amount of whitefish that may be allocated to the Green Bay waters of zone 2 shall be calculated by the following formula: [X + ((zone 2 recommended allocation – (X+Y))*(X/(X+Y)))], and the adjusted amount of whitefish that may be allocated to the Lake Michigan waters of zone 2 shall be calculated by the following formula: [Y + ((zone 2 recommended allocation – (X+Y))*(Y/(X+Y)))], where X is the difference between the Green Bay total allowable commercial harvest calculated under subd. 2. a. and the zone 1 allowable harvest under subd. 2. b., and Y is the difference between the Lake Michigan total allowable commercial harvest calculated under subd. 2. a. and the zone 3 allowable harvest under subd. 2. b. For accuracy, decimals shall be rounded to nearest sixth decimal place.
d. For the 2022 and 2023 license years, the Green Bay total annual allowable commercial harvest shall be 1,176,889 pounds, the Lake Michigan total annual allowable commercial harvest shall be 800,407 pounds, the zone 1 annual allowable harvest shall be 569,788 pounds, the zone 2 annual allowable harvest shall be 1,056,021 pounds, and the zone 3 annual allowable harvest shall be 351,487 pounds.
Section 5 NR 25.07 (2) (e) 5. is created to read:
NR 25.07 (2) (e) 5. Licensees with an individual licensee catch quota issued under this paragraph may fish for whitefish in either the Green Bay waters of zone 2, the Lake Michigan waters of zone 2, or both. Licensees shall cease fishing for whitefish in either the Green Bay waters of zone 2, the Lake Michigan waters of zone 2, or both as follows:
a. When the whitefish total allowable commercial harvest in Green Bay as established under s. NR 25.06 (2) (e) 2. a. less the zone 1 allowable harvest set under s. NR 25.06 (2) (e) 2. b. has been reported caught, the department shall notify licensees to cease fishing for whitefish in Green Bay waters of zone 2, except that all whitefish nets in the water shall be lifted or rendered inoperable under s. NR 25.09 (2) (a) 10. or (b) 2. and the legal fish may be harvested. b. When the whitefish total allowable commercial harvest in Lake Michigan as established under s. NR 25.06 (2) (e) 2. a. less the zone 3 allowable harvest set under s. NR 25.06 (2) (e) 2. b. has been reported caught, the department shall notify licensees to cease fishing for whitefish in Lake Michigan waters of zone 2, except that all whitefish nets in the water shall be lifted or rendered inoperable under s. NR 25.09 (2) (a) 10. or (b) 2. and the legal fish may be harvested. Section 6 NR 25.09 (3) (f) is created to read:
NR 25.09 (3) (f) After setting, moving, replacing, or recasting a trap net for whitefish in Green Bay or Lake Michigan and before starting for the dock or shore, the licensee, or a member of the licensee’s crew, shall record all of the following in accordance with s. NR 25.13 (2) (at): 1. The latitude and longitude at which the pot and king line buoy of the net are set.
2. A unique name for that trap net.
Section 7 NR 25.102 is created to read:
NR 25.102 Commercial fishing in southern Green Bay. For commercial fishers fishing for whitefish in that portion of southern Green Bay south of the line at 44o 50’ N latitude, commonly known as grids 901, 902 and 1001, all of the following requirements apply:
