Scope Statements
Natural Resources
Fish, Game, Etc., Chs.
NR 1—
(DNR # FH-25-12)
The statement of scope was approved by the governor on December 28, 2012.
Rule No.
Relating to
Commercial fishing trap nets in Lake Superior.
Rule Type
Permanent.
Finding/Nature of Emergency (Emergency Rule Only)
Not Applicable.
Detailed Description of the Objective of the Proposed Rule
The proposed rule change will revise ch.
NR 25, Wis. Adm. Code, to define trap net placement locations and commercial fishing activity in the Restricted Use Area of Lake Superior, which is bounded by the Bayfield Ferry line, a line between Houghton Point and Long Island Point, and a line between Long Island Point and the southernmost point on Madeleine Island.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Commercial fishers may currently place trap nets in the Restricted Use Area, described above, for the taking of whitefish or herring from June 1 to August 15. Currently, the only limit on how many nets an individual fisher or all fishers combined may place in this small area is the total number of trap nets allowed per commercial licensee, which is 10, and distance restrictions limiting the proximity of adjacent trap nets. Over the last two years, there have been complaints received from sport/recreational anglers about a proliferation of trap nets within this area.
The primary issues with current trap net placement are navigational safety and user conflict. Nets must be clearly marked according to regulations, but excessive use of this area creates confusion about the exact placement and orientation of individual nets and makes navigation through the area potentially hazardous. Given that the area is the only ingress or egress from Chequamegon Bay and a popular sport fishing and recreational boating corridor, the risks can be significant. Also, in each of the last two seasons, commercial fisherman setting nets in this area have experienced significant acts of vandalism to their nets with repair costs ranging into the thousands, if not tens of thousands, of dollars. Out of concern for these issues, the Department decided to seek a rule change. The rule is intended to address the number and placement of trap nets in the Restricted Use Area and possibly when the nets may be placed there. Alternatives will be discussed with the Lake Superior Commercial Fishing Board and local angler groups.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
29.014 (1), 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, Stats., provides that the Department may regulate fishing on and in all interstate boundary waters and outlying waters.
Section
29.519 (1m) (b), Stats., authorizes the Department to limit the number of Great Lakes commercial fishing licenses, designate the areas in the outlying waters under the jurisdiction of this state where commercial fishing operations are restricted, and designate the kind, size, and amount of gear to be used in the harvest.
Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
Approximately 200 hours.
List with Description of All Entities that May Be Affected by the Proposed Rule
• State-licensed Commercial Fisherman
• Charter Fisherman
• Recreational Anglers
This rule would increase navigational safety and likely expand safe fishing and boating opportunities for the charter fishers and recreational anglers. Commercial fishers may need to reduce the number or alter placement of trap nets in the Restricted Use Area, but a rule change is not expected to significantly impact their ability to harvest fish from this area according to applicable laws and statutes.
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
The Department is not aware of any existing or proposed federal regulation that would govern commercial fishing in Wisconsin's waters of Lake Superior.
Anticipated Economic Impact of Implementing the Rule (Note If the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
Minimal economic impact is anticipated as a result of this rule change. Fishing effort may be redistributed to other areas, possibly requiring additional travel for some fishers, but no quota or fishing effort changes are expected. The Department anticipates a balanced approach that protects the navigational safety of the recreational fishing and boating public and the economic needs of commercial fishers.
Contact Person
Peter Stevens
Department of Natural Resources
141 S. Third Street
Bayfield, WI 54814
Telephone: (715) 779-4035
Natural Resources
Environmental Protection — Air Pollution Control, Chs.
NR 400—
(DNR # AM-24-12)
The statement of scope was approved by the governor on December 28, 2012.
Rule No.
Relating to
The construction and operation permit programs in chs.
NR 406 and
407 respectively and related definitions in ch.
NR 400 and hazardous air pollutant control requirements in ch.
NR 445.
Rule Type
Permanent.
Detailed Description of the Objective of the Proposed Rule
The primary objective of the proposed rules is to improve operational efficiency for, and to simplify the permitting processes administered under chs.
NR 406 and
407, while remaining consistent with the federal Clean Air Act (CAA) and retaining approvability by the U.S. Environmental Protection Agency (USEPA). Specific proposed rules along with issues to be examined in order to accomplish this objective are described below. The Wisconsin Department of Natural Resources (WDNR) may encounter potential opportunities related to this objective which are unforeseen and therefore not described. The WDNR will evaluate and act on such opportunities consistent with the stated objective. Chapters not previously identified, but explicitly associated with proposed changes under chs.
NR 406 and
407, could be affected by such an effort.
The WDNR will propose changes to s.
NR 445.09 to remove any inconsistencies between methods to demonstrate compliance with both state and federal requirements.
Specific proposed rules and issues to be examined
