The statement of scope for this rule, SS 012-22 was approved by the Governor on February 3, 2022, published in Register No. 794A2 on February 14, 2022, and approved by the Natural Resources Board on April 13, 2022. This rule was approved by the Governor on November 10, 2022. ORDER OF THE STATE OF WISCONSIN NATURAL RESOURCES BOARD
AMENDING AND CREATING RULES
The Wisconsin Natural Resources Board proposes an order to renumber and amend NR 20.60 (1); to amend NR 20.60 (2); and to create NR 20.60 (1) (a), (b), and (c) and (3) relating to reporting requirements for sport trolling licensees and affecting small business. |
FH-16-21
Analysis Prepared by the Department of Natural Resources
1. Statute Interpreted: Section 29.514, Stats., is interpreted as requiring sport trolling licensees to keep records and report to the department in the manner specified. 2. Statutory Authority: Section 29.514, Stats., establishes the outlying water sport trolling license for charter captains. This section directs sport trolling licensees to keep records regarding activities conducted under the license. The department is authorized to specify the information required on the report and the manner of the report. This section further specifies that reports must be submitted on or before the 10th day of each month. 3. Explanation of Agency Authority: Section 29.514, Stats., grants the department the authority to specify the information required on the report form that sport trolling licensees are required to keep and submit, as well as the form of the report, and further specifies that reports must be submitted on or before the 10th day of each month. 4. Related Statutes or Rules:
Section NR 20.65, Wis. Admin. Code, establishes the electronic reporting requirements for fishing guides on the Great Lakes who are licensed under s. 29.512, Stats. Section NR 25.13 (2), Wis. Admin. Code, establishes the electronic reporting requirements for licensed commercial fishers on the Great Lakes. 5. Plain Language Analysis:
This rule requires sport trolling licensees (charter captains guiding anglers in trolling for trout and salmon on the outlying waters of Lake Michigan (including Green Bay) or Lake Superior) to submit their fishing trip reports electronically, provides for a method of reporting in the unlikely event that the electronic reporting system is not in operation, and includes updated details on the information required on the report form. In addition, this rule maintains existing reporting timelines, which are also compatible with reporting through electronic means.
SECTIONS 1 and 2 subdivide the existing language in s. NR 20.60 (1) into separate paragraphs to describe the method of reporting for sport trolling licensees, information required in the report, and procedures for reporting if the electronic reporting system designated by the department is not in operation. The information required on the report form is largely unchanged except for the additions of identifiers for the licensee’s boat and more specific information for improved fisheries management (number of fish of each species harvested and fin clip information). In the event that the electronic reporting system is not in operation, including situations in which the licensee’s smartphone malfunctions to the extent that the licensee cannot enter information into the system, paper reporting would still be required, but the licensee would have to resume entering trip reports electronically and retroactively enter trips not entered during this malfunction into the electronic reporting system as soon as the electronic reporting system is again operational. SECTION 3 clarifies the language relating to submittal of monthly sport trolling reports so that it applies to electronic reporting. All individual sport trolling fishing reports entered into the electronic reporting system for the preceding month would need to be submitted by the 10th day of each month. However, many sport trolling licensees may find it quicker and easier to submit their fishing trip reports on the very days that they conduct chartered fishing trips rather than submitting all reports after the fact in a monthly batch.
SECTION 4 requires sport trolling licensees to report any months during which they did not conduct chartered fishing trips. In the absence of this provision, it would be more difficult to determine whether the licensee simply did not conduct any chartered fishing trips that month or whether the licensee had failed to comply with the reporting requirements.
6. Summary of, and Comparison with, Existing or Proposed Federal Statutes and Regulations:
While charter captains are required by state and federal law to possess a valid U.S. Coast Guard operator’s license and follow those license requirements, no other federal regulations specifically relating to trip reporting 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 Register.
7. If Held, Summary of Comments Received During Preliminary Comment Period
and at Public Hearing on the Statement of Scope:
The department was not directed to hold a preliminary public hearing on the scope statement for this rule.
8. Comparison with Similar Rules in Adjacent States:
In Michigan, charter captains (both sport trolling charter captains and those using other fishing methods) in the Great Lakes are required to submit monthly reports to the Michigan Department of Natural Resources using an electronic system. The reports contain information on lake fished, date, specific location and hours fished, total number of anglers, total catch of major species, targeted species, and sea lamprey presence on certain salmonids. The Michigan DNR collects this data by sending a notification of reporting requirements to charter captains either by email or by hard-copy mailing, and then follows up with an additional postcard or mail notification and law enforcement contacts for those charter captains that have not yet submitted reports. This approach resulted in a 99 percent compliance rate in 2019-20201.
Illinois considers charter boats to include those taking anglers on paid fishing trips for sportfish in Lake Michigan. The Illinois DNR requires charter sportfishing boat operators to complete daily catch reports, all of which are due by the 15th of the following month, on forms and in the manner established by the managing DNR program. Those who do not comply may be subject to penalties and may not be able to obtain a charter boat permit in future years2,3.
Minnesota requires licensed Lake Superior fishing guides (including charters) to submit monthly fishing reports by the 10th day of the following month during the fishing season. Those that do not submit reports three times in a 2-year period may not be eligible for a guide license for up to three years.4
Iowa does not require guide licenses or guide reporting.
Sources:
9. Summary of Factual Data and Analytical Methodologies Used and How Any Related Findings Support the Regulatory Approach Chosen:
