This rule may also modify the times of year when bait harvest gear may be placed in trout streams, as well as the types of gear that may be placed in trout streams, in order to protect game fish from inadvertent harvest and mortality.
This rule may also permit the taking of white suckers or their eggs for rearing to use as wild bait. The department has previously utilized cooperative agreements to allow commercial bait dealers to take white suckers or their eggs from the wild to rear as bait while returning a subset of the reared suckers to state fish hatcheries for use in rearing muskies. However, the cooperative agreements no longer provide reciprocal benefit due to the complexities involved with moving fish between private fish farms and state fish hatcheries, so a permitting approach would provide a more practical means to authorize bait dealers to take white suckers or their eggs for use as wild bait.
This rule may also contain changes of a minor nature reasonably related to those discussed above.
If this rule is not pursued, existing bait harvest regulations will continue to provide protection to baitfish and associated fish populations, but these regulations would not allow the department to adapt to current baitfish management needs or improve the efficiency of permitting and data collection, and would not reflect stakeholder input and preferences.
4. Detailed explanation of statutory authority for the rule (including the statutory citation and language):
Section 29.509, Stats., requires commercial bait harvesters to obtain a bait dealer license, with the exception of youth under 16 years of age that make no more than $500 annually in sales of bait and operate under a possession limit of 5,000 of each species. Under s. 29.509 (4), Stats., bait dealers are required to keep records of bait transactions, open to department inspection. The department is granted the authority to issue permits for taking bait from specific waterbodies under s. 29.509 (5), Stats. 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 will spend 500 hours developing this rule, including holding task team discussions and public meetings to gain stakeholder input and holding the hearing for this rule.
6. List with description of all entities that may be affected by the proposed rule:
Commercial bait dealers and anglers that harvest bait for personal use will be most impacted by this rule, as this rule will address bait harvest regulations. Other anglers may be indirectly impacted if this rule impacts where and when bait harvest gear can be used, such as areas popular for hook and line 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. 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):
This rule is likely to have a minimal economic impact on both commercial and personal bait harvesters. No new costs are expected to be imposed on bait harvesters, including small businesses, as a result of this rule. This rule may improve regulatory flexibility for bait harvesters by adjusting the duration of a wild bait harvest permit. The department will develop an economic impact analysis to accompany this rule, which will outline the expected costs of implementation of and compliance with the rule, and will solicit public feedback on the economic impact analysis.
9. Anticipated number, month and locations of public hearings:
The department anticipates holding one public hearing in the month of June 2023. Hearing cities will be: virtual or Madison, WI.
The department will hold these hearings in these locations to gain public input from bait harvesters of Wisconsin on the proposed regulations.
Contact Person: Todd Kalish, Fisheries Management Deputy Bureau Director, 608-225-5826
