5. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
Employees will likely spend more than 300 hours developing the emergency rule and permanent rules, including travel time to meet with the Red Cliff and Bad River Bands of Lake Superior Chippewa and meetings with the Lake Superior Commercial Fishing Board and other stakeholders.
6. List with description of all entities that may be affected by the proposed rule:
— State-licensed commercial fishers on Lake Superior
— Tribally licensed commercial and subsistence fishers on Lake Superior (indirect impact)
— Recreational fishers on Lake Superior
— Related fishing businesses such as recreational fishing guides and charter fishing businesses that operate in the area of Lake Superior, and wholesale fish dealers who purchase fish from commercial fishers
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. None of the rule proposals violate or conflict with federal regulations.
8. Anticipated economic impact of implementing the rule (note if the rule is likely to have an economic impact on small businesses):
The proposed rules could have an impact on the harvest of Lake Superior fish species, including cisco and lake trout, by commercial fishers and recreational fishers. Rules imposing harvest restrictions are necessary in order to ensure a sustainable fishery over the long-term that provides an economic and natural resource benefit for all user groups. The proposed permanent rule may have a moderate economic impact (economic impact above $50,000 but less than $20 million), but an exact amount of impact is unknown at this time. When a permanent rule is pursued, the department will prepare an economic impact analysis and will solicit input and comments from any individuals, businesses, local governments, or other entities that expect to be affected economically by the proposed rule change.
Average state-licensed commercial fishers’ annual catch between 2019 and 2022 was 631,754 round pounds of cisco and 30,702 dressed pounds of lake trout. In 2022, the cisco price per pound was $0.25-0.80, but has been as high as $1.20 per pound since 2012. While the price per pound has varied over time, estimated total value of the commercial cisco roe fishery is between $200,000 and $500,000 per year. Lake trout price per pound has been approximately $1.50 per pound and has not fluctuated as much due to the lack of international forces present with the cisco roe fishery. The estimated dockside values are also considered minimum values obtained and retail markets are likely much higher. The methods in the proposed rules for determining harvest restrictions are expected to allow commercial fishers to harvest at or near the current total average annual catch amount. Therefore, the rules may have minimal to moderate economic impact on commercial fishing businesses. Outside of the rules, market demand and fuel and other variable expenditures would have a greater economic impact. The proposed rules will allow the department to reduce or increase the harvest limit based on assessment data and recommended harvest parameters.
Recreational fishers may be affected if changes to recreational seasons, daily bag limits, or size limits are needed in order to manage overall harvest. If so, such changes are not expected to cause any new expenditures for recreational fishers. The proposed rules may have an indirect effect on fishing guides and charter fishing businesses, but total allowable harvest of the main target of the fishery, lake trout, is expected to be similar or to increase and therefore could benefit these businesses and recreational fishers with a reduction in the chance of an early season closure.
9. Anticipated number, month and locations of public hearings:
The department anticipates holding one public hearing in the month of December 2023 for the emergency rule and one public hearing in the month of May 2024 for the permanent rule. The hearings will be held virtually or in the city of Ashland, WI.
The department will hold these hearings in these locations to obtain feedback on the proposed rules from Lake Superior stakeholders and the public.
