Rule-Making Notices
Notice of Hearing
Natural Resources
Fish, Game, etc., Chs.
NR 1—
(DNR # FH-21-11)
NOTICE IS HEREBY GIVEN THAT pursuant to sections 23.11 (1), 29.014 (1), 29.041, 30.62 (1), and 227.11 (2) (a), Wis. Stats., interpreting sections 29.014 (1), 29.041, and 30.62 (1), Wis. Stats., the Department of Natural Resources will hold a public hearing to consider the creation of section
NR 19.058, Wis. Adm. Code, in permanent rule Order FH-21-11, relating to requiring access to wire cutters when trolling in outlying waters.
Hearing Information
NOTICE IS HEREBY FURTHER GIVEN THAT the hearing will be held on:
Date: Wednesday, April 11, 2012
Time: 5:00 P.M.
Location: Lakeshore Technical College
Sheboygan County Training Room
1290 North Avenue
Cleveland, WI 53015
Pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call William Horns at (608) 266-8782 with specific information on your request at least 10 days before the date of the scheduled hearing.
Copies of Rules and Submitting Comments
The proposed rule and supporting documents may be reviewed and comments electronically submitted at the following internet site:
http://adminrules.wisconsin.gov. A copy of the proposed rules and supporting documents may also be obtained from William Horns, Bureau of Fisheries Management, P.O. Box 7921, Madison, WI 53707 or
William.Horns@wisconsin.gov.
Written comments on the proposed rule may be submitted via U.S. mail or email to William Horns at the addresses noted above. Written comments, whether submitted electronically or by U.S. mail, will have the same weight and effect as oral statements presented at the public hearings. Comments may be submitted until April 12, 2012.
Analysis Prepared by the Department of Natural Resources
The proposed permanent rule will:
□
Prohibit persons from trolling with downriggers on outlying waters (Lake Superior, Lake Michigan, Green Bay, Sturgeon Bay, Sawyer's Harbor, and the Fox River from its mouth up to the dam at DePere, s.
29.001(63), Stats.) without direct and immediate access to a wire cutter or other device capable of severing any line pulled behind the boat.
This rule is pursuant to recommendations of the Natural Resources Board (NRB). Trap nets are fixed structures on the lake bottom that can pose a risk to sport trollers whose lures and downriggers can become entangled in the trap net ropes. This has been the subject of controversy and rule making over the past three decades. Current department policy reflects legislative intent to accommodate both sport and commercial fishing in the Great Lakes. In April 2011, the NRB approved permanent rule changes (FH-50-10,
CR 11-008) related to the marking and placement of trap nets. The NRB also implemented these rules on an emergency basis so they would be in effect for the 2011 fishing season (FH-10-11E). As part of the emergency rule, there was also a requirement that sport anglers carry wire cutters sufficient to cut themselves free should a downrigger cable become snagged in a trap net or other obstruction. That requirement was not included in the permanent rules because it was outside of the scope of the original public hearings, but it is addressed by this rule proposal.
Statutes interpreted
Statutory authority
Explanation of agency authority
Section
23.11 (1), Wis. Stats., grants the department such powers as may be necessary or convenient to enable it to exercise the functions and perform the duties required of it by ch.
23, Wis. Stats., and by other provisions of law.
Section
29.014 (1), Wis. Stats., directs the department to establish and maintain conditions governing the taking of fish that will conserve the fish supply and ensure the citizens of this state continued opportunities for good fishing.
Section
29.041, Wis. Stats., provides that the department may regulate fishing on and in all interstate boundary waters and outlying waters.
Section
30.62 (1), Wis. Stats., provides that when equipment is required no person shall operate any boat on the waters of this state unless such boat is equipped as required by statute or rules of the department promulgated under 30.62 (1), Stats.
Section
227.11 (2) (a), Wis. Stats., expressly confers rulemaking authority on the department to promulgate rules interpreting any statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of the statute.
Related statutes and rules
29.924 Investigations; searches.
29.931 Seizures.
29.971 General penalty provisions.
29.984 Commercial fish protection surcharge.
29.9905 Great Lakes resource surcharge.
29.991 Fishing net removal surcharge
Plain language analysis
SECTION 1. of the Order prohibits persons from trolling with downriggers on outlying waters (Lake Superior, Lake Michigan, Green Bay, Sturgeon Bay, Sawyer's Harbor, and the Fox River from its mouth up to the dam at DePere, s.
29.001 (63), Wis. Stats.) without direct and immediate access to a wire cutter or other device capable of severing any line pulled behind the boat.
The rule will require sport trollers on outlying waters to carry wire cutters for emergency release from entanglement with trap nets or other obstructions. This rule is pursuant to recommendations of the Natural Resources Board. Trap nets are fixed structures on the lake bottom that can pose a risk to sport trollers whose lures and downriggers can become entangled in the trap net ropes. This has been the subject of controversy and rule making over the past three decades. Current department policy reflects legislative intent to accommodate both sport and commercial fishing in the Great Lakes. In April 2011, the Natural Resources Board (NRB) approved permanent rule changes (FH-50-10,
CR 11-008) related to the marking and placement of trap nets. The NRB also implemented these rules on an emergency basis so they would be in effect for the 2011 fishing season (FH-10-11E). As part of the emergency rule, there was also a requirement that sport anglers carry wire cutters sufficient to cut themselves free should a downrigger cable become snagged in a trap net or other obstruction. That requirement was not included in the permanent rules because it was outside of the scope of the original public hearings, but it is addressed by this rule proposal.
Summary of, and comparison with, existing or proposed federal regulations
The department is not aware of any existing or proposed federal regulation that would govern commercial fishing in Wisconsin's waters of Lake Michigan and Green Bay or Lake Superior.
Comparison with rules in adjacent states
None of the adjacent states require wire-cutting equipment to be on board boats.
Summary of factual data and analytical methodologies
SECTION 1 of the rule reflects an effort by the department to take steps to minimize the risk of conflicts between sport trollers and commercial trap nets. This change reflects the judgment of Fisheries and Law Enforcement staff following examination of Great Lakes accident data, discussions with appropriate sport and commercial advisory groups and the Natural Resources Board, and internal discussions.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report
There would be no implementation costs for the department and no expected costs or impacts on small businesses. Compliance costs would be minimal for individual sport anglers who need to purchase wire cutters. A quick online search for the cost of wire cutters showed prices ranging from $3 to $56.
Rules Proposed by the Department of Veterans Affairs
No information.
Effects on Small Business
The rule would directly affect sport anglers who engage in trolling with downriggers on the Great Lakes. It is not expected to have an effect on small business.
The rule will be enforced by department Conservation Wardens under the authority of chapters 23 and 29, Wis. Stats., through routine patrols, with a total citation penalty of $243.
Pursuant to ss.
227.114 and
227.137, Wis. Stats., it is not anticipated that the proposed rules will have a significant economic impact on small businesses. The Department conducted an economic impact analysis in consultation with businesses, business associations, local governmental units, and individuals. The Department has determined that this rule would not adversely affect in a material way the economy, a sector of the economy, productivity, jobs, or the overall economic competitiveness of this state. The Department's Small Business Regulatory Coordinator may be contacted at
SmallBusiness@dnr.state.wi.us or by calling (608) 266-1959.
The Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch.
NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
Agency Contact Person
William Horns
