e) The department finds that an evaluation of a size or bag limit could not be completed before a sunset date listed in s.
NR 20.20. The department may extend the limits and they shall remain the same for 7 years from the date specified in s.
NR 20.20 or until a permanent rule change is in place, whichever occurs first. The determination to extend a size limit sunset date shall be made within two years prior to the sunset date listed in s.
NR 20.20.
Wisconsin Conservation Congress Proposals
Each year the Wisconsin Conservation Congress proposes advisory questions to the general public at the Fish and Wildlife Spring Hearings. Those questions are not reviewed by the department until after they are supported by a majority vote at the hearings and approved by the Congress at its annual meeting. The Fisheries Management Bureau will expedite review of the approved fisheries-related advisory questions from the April 2012 hearings and include in this rule those proposed non-controversial regulations for which available data warrant immediate attention. The Bureau will consult further with Congress committees and its species teams on the other proposed regulations that require additional data and review.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
The proposed rule would make modifications to portions of chs.
NR 20,
21,
22, and
23 pertaining to sport fishing regulations on inland, outlying, and boundary waters of Wisconsin. These changes are proposed to protect and enhance the State's fish resources.
All rule change proposals were submitted by fish biologists and peer-reviewed for justification and enforceability by Fisheries Management supervisors and the Bureau Director, species management teams, and the Bureaus of Law Enforcement and Legal Services. Proposals were discussed with Wisconsin Conservation Congress members and will be presented at the 2013 Fish and Wildlife Spring Hearings. Proposals that reduce regulation complexity or eliminate a special regulation in favor of a statewide one were given preference.
The existing policy behind fishing regulations is to provide diverse fishing opportunities throughout the state and that policy will be continued and enhanced by these rule changes. Based on the management goals for individual waters and species, the Fisheries Management Program strives to provide:
□ consumptive opportunities where anglers can fish for a meal from a self-sustained, slow-growing fish population;
□ quality and memorable opportunities where anglers can catch large fish and the density of adult fish in the populations are sustained or increased; and
□ trophy opportunities where anglers can catch large trophy-size fish and the survival of older and larger fish is increased.
It is not expected that rule changes as a result of comments from the 2013 Fish and Wildlife Spring Hearings would affect the scope or economic impact of the rule proposal. For example, the department may make changes in response to hearing comments that would remove a proposal to implement an 18-inch minimum size limit and daily bag limit of 3 fish for walleye, sauger, and hybrids in one or more counties. Without implementing the proposed size and bag limits, existing regulations remain in place to ensure continued protection of fish resources. Similarly, if comments from public hearings result in additional elements to a proposal, it is not expected that it would affect the scope or economic impact of the rule proposal. For example, a proposal to require the use of quick-strike rigs when fishing with a 10-inch or longer minnow as bait was changed after a hearing in order to allow the use of circle hooks or quick-strike rigs when fishing with an 8-inch or longer minnow as bait. These changes still met the intent and objectives of the original rule proposal.
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
227.11 (2) (a), 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.
Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
Approximately 300 hours.
List with Description of all Entities that may be Affected by the Proposed Rule
The proposed rule will primarily affect sport anglers. As with any change in regulations, there will be a requirement for anglers to learn the new rules. The Fisheries Management Bureau works to notify the public of new regulations via press releases, the internet, and fishing regulations pamphlets.
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
Authority to promulgate fishing regulations is granted to states. None of the proposed changes violate or conflict with federal regulations.
Anticipated Economic Impact of Implementing the Rule
Minimal to no economic impact. (Level 3)
It is not expected that there will be any economic impact directly related to these rule changes. The proposed rule will primarily affect sport anglers. Regulations are already in place and this rule is intended to continue protection and enhancement of the State's fish resources. One intention of the rule is to help maintain or improve the general economic impact of fishing throughout Wisconsin.
The department will conduct an economic impact analysis to determine if any individuals, businesses, local governments, or other entities expect to be adversely affected economically. The proposed rule does not impose any compliance or reporting requirements on small businesses nor are any design or operational standards contained in the rule. The rule does not allow for the potential to establish a reduced fine for small businesses, nor does it establish “alternative enforcement mechanisms" for “minor violations" of administrative rules made by small businesses.
Contact Person
Natural Resources
Fish, Game, etc., Chs.
NR 1—
This statement of scope was approved by the governor on July 25, 2012.
Rule No.
Relating to
Fisheries Administrative Code Housekeeping: corrections, clarifications, and updates to outdated language regarding fishing in inland, outlying, and boundary waters.
Rule Type
Permanent.
Finding/Nature of Emergency (Emergency Rule Only)
Not applicable.
Detailed Description of the Objective of the Proposed Rule
The proposed rule would make non-substantive housekeeping changes to sections of
NR 19, 20, 21, 22, 23, 25, and 26, relating to the regulation of fishing. The goal is to ensure the rule language that governs fishing in inland, outlying, and boundary waters is accurate and properly reflects the desired management of Wisconsin waters. The rule is in response to recent legislative changes and to the interests of the public and both Law Enforcement and Fisheries Management staff. The objectives are to:
□ add language to respond to newly created statutory language,
□ remove sections of code that are outdated or have been replaced by other statute or code changes,
□ correct errors that occurred during the drafting of rules, and
□ add or repeal language to clarify intent of original rules.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
The goal of fish management, as stated in s.
NR 1.01 (2), is “to provide opportunities for the optimum use and enjoyment of Wisconsin's aquatic resources, both sport and commercial. A healthy and diverse environment is essential to meet this goal and shall be promoted through management programs."
Fishing regulations in this rule, such as length and bag limits or season dates, are used as a tool to ensure good fishing exists into the future. The department has used different types of fishing regulations in order to: control angler impacts on fish populations; maintain numbers and sizes of fish in a lake or stream; provide different types of fishing experiences, such as fishing for dinner or for a trophy fish; and make access to fishing as fair as possible.
No new policy will be proposed in this housekeeping rule. It will include non-substantive changes to administrative code that support existing policies and goals, including:
□ Amending Subchapter III of NR 19, which regulates fish farms in natural waterbodies, in response to legislative changes in
2011 Wisconsin Act 207. Natural waterbody permits now do not expire unless the department makes a finding that substantial public interest exists in the waterbody and that public or private rights in the waterbody will be damaged. A natural waterbody permit will not be required for someone wishing to use a natural waterbody for a fish farm if he or she was already issued a permit for changing the course of a stream, enlarging a waterway, or constructing a dam. In addition, the department is not required to hold a hearing or provide notice that it will not hold a hearing before issuing a permit, but it must post a notice of every permit application on its website.
□ Removing all notations of a 40-inch size limit for muskellunge in ss.
NR 20.20 (1) through
(72) county regulations. A minimum size of 40 inches is now the general inland waters size limit for muskellunge and is indicated in s.
NR 20.20 (73).
□ Removing expired language for regulations on Sparkling Lake in Vilas County and Twin Valley Lake in Iowa County.
□ Clarifying in s.
NR 20.06 (1) that trolling may also be allowed as provided in s.
29.193, Stats., which authorizes approvals for disabled persons.
□ Creating no possession limit in s.
NR 20.03 (31) for food distribution services, as defined in s.
29.001 (28), Stats., that lawfully receive fish for purposes of redistribution. This clarifies in code the existing law enforcement policy on fish donations.
□ Updating Wisconsin-Michigan boundary water regulations to be consistent with Michigan regulations. Department of Natural Resources staff from both states met in 2011 and agreed to make night angling, hook size, and spearing changes for consistency and clarity within code. A prior rule that was mistakenly modified will now restore night fishing and remove a hook gap restriction on the Menominee River. Spearing for rough fish will also be closed on all WI-MI boundary waters to make regulations the same as in Michigan and to bring the rule back into compliance with how it had been enforced and understood in prior years.
□ Adding sunset language in s.
NR 20.20 (64) (c) for bass regulations on Sparkling Lake in Vilas County that was mistakenly excluded from a rule in 2008.
□ Removing perch in Vilas County from the list of detrimental fish under s.
NR 20.38. There are and never were any contracts issued for removal of perch on those waters and abundant perch are no longer considered bad for the fishery.
□ Correcting language in s.
NR 20.20 (44) for the Minocqua Chain in Oneida County. Bass season language was left out in error during rule changes in 2011.
□ Clarifying boundaries of trout regulations in s.
NR 20.20 (54) (e) for the East Fork of Raccoon Creek in Rock County.
□ Preventing currently overlapping dates of regulations for walleye, sauger, and hybrids on the Fox River downstream from the DePere Dam.
□ Providing free fishing during the third weekend in January each year when no license is required to fish, in response to legislative changes in
2011 Wisconsin Act 168.
□ Revising code to allow anyone to fish for rough fish with a crossbow under the same circumstances as with a bow and arrow and adding Asian carp to the definition of rough fish, in response to
2011 Wisconsin Act 180.
□ Making ice shelter labeling rules the same on boundary waters as on inland waters. Owners will not be required to post their names and addresses on fishing shelters that are occupied or otherwise in use.
□ Providing free fishing during the third weekend in January each year when no license is required to fish, in response to legislative changes in
2011 Wisconsin Act 168.
□ Revising code to allow anyone to fish for rough fish with a crossbow under the same circumstances as with a bow and arrow and adding Asian carp to the definition of rough fish, in response to
2011 Wisconsin Act 180.
□ Deleting references to minimum harvesting requirements for commercial fishing in the Great Lakes, in response to legislative changes in
2011 Wisconsin Act 177.
□ Removing expired language for a fish refuge on the Grand River in Green Lake County.
□ Extending an existing fish refuge on Wingra Creek in Dane County. The refuge boundaries will be extended in response to a rebuilt and extended platform next to the refuge.
Detailed Explanation of Statutory Authority for the Rule
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., provides that “after giving due consideration to the recommendations made by the commercial fishing boards under sub. (7), the department may establish species harvest limits and promulgate rules to establish formulas for the allocation of the species harvest limits among commercial fishing licensees or for the allotment of individual licensee catch quotas."
Section
29.733 (2) (f) provides that the department shall promulgate rules to establish the fees, criteria and procedures to be used in issuing permits for natural waters used in fish farms.
Section
227.11 (2) (a), 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.
Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
Approximately 120 hours.
List with Description of All Entities that may be Affected by the Proposed Rule
The proposed rule will have minimal impact on members of the public. As with any change in regulations, there will be a requirement for anglers to learn the new rules. However, a majority of this rule change clarifies code to reflect existing policies for which anglers must already comply. The Fisheries Management Bureau works to notify the public of new regulations via press releases, the internet, and fishing regulations pamphlets.
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
Authority to promulgate fishing regulations is granted to states. None of the proposed changes violate or conflict with federal regulations.
Anticipated Economic Impact of Implementing the Rule
Minimal to no economic impact expected. (Level 3)
It is not expected that there will be any economic impact directly related to these rule changes on anglers. The department will conduct an economic impact analysis to determine if any individuals, businesses, local governments, or other entities expect to be adversely affected economically. The proposed rule does not impose any compliance or reporting requirements on small businesses nor are any design or operational standards contained in the rule.
The rule does not allow for the potential to establish a reduced fine for small businesses, nor does it establish “alternative enforcement mechanisms" for “minor violations" of administrative rules made by small businesses.
