July 16, 17, 30 & 31 - Pursuant to §§ 29.014(1), 29.041, 29.503(4)(b) and (e), 29.519(1m)(b) and (c), (2)(d) and (5), 29.973 and 227.11(2)(a), Stats., interpreting §§ 29.014(1), 29.041, 29.503, 29.516, 29.519 and 29.973, Wis. Stats., the Department of Natural Resources will hold public hearings on revisions to ch. NR 25, Wis. Adm. Code, relating to wholesale fish dealing and commercial fishing in outlying waters and affecting small business. The proposed rules complete the implementation of the statutory requirements of 2003 Wisconsin Act 288 and recommendations of the Great Lakes Fishing Task Force. The proposed changes include:
Electronic fish harvest reporting system. The rule creates the electronic fish harvest reporting system (EFHRS) and related procedures to replace the current biweekly “paper” reporting system for recording and reporting all elements of the Great Lakes commercial catch.
Fleet reporting system. The rule will allow an individual to hold multiple commercial fishing licenses in his or her own name, and creates a fleet reporting program whereby a person holding multiple commercial fishing licenses on Lake Superior or Lake Michigan can consolidate the quotas under these licenses and permits for reporting purposes. It establishes the individual species harvest limits for a commercial fisher with multiple licenses engaged in fleet reporting as being the sum total of that person’s quotas held under the individual licenses. The rule requires the licensee to mark all commercial fishing nets with a common “fleet reporting number” in place of the individual license numbers, and authorizes the licensee’s crew members to operate all the commercial fishing gear and vessels included under the fleet reporting number without obtaining additional crew cards for each license included in the licensee’s fleet. The rule clarifies the number of nets allowed and specifies that all nets in the water bearing a license number or fleet reporting number shall count toward the maximum number of nets allowed whether or not the net is actively fishing.
Records and reporting. Commercial fishers will no longer be required to complete and submit biweekly catch and disposition (sales) records to the Department. The rule implements an annual inventory report for both commercial fishers and wholesale fish dealers. It creates a float plan requirement for fishing “high value” species (whitefish for commercial fishers holding quotas less than 13,656 pounds and yellow perch). This rule creates float plan and enhanced reporting requirements for individuals previously convicted of specific commercial fishing violations. The rule makes it illegal to possess, control, transport or cause to be transported any fish for which a record has not been created or submitted as required.
Elimination of tagging of foreign (imported) lake trout. This rule repeals the provisions associated with the foreign lake trout tagging program while continuing to require commercial fishers to tag domestic lake trout.
Roe harvest. The rule requires commercial fishers to land and report all fish from which eggs are harvested, and limits the quantity of roe landed to a weight percentage of the fish landed.
License transfers. The rule eliminates certain license transfer criteria for transfer to immediate family members and persons holding non-temporary crew cards.
Commercial fishing nets on Lake Superior; other net and boat use restrictions. The rule creates a permit authorization by which the Department can allow the legal placement open water nets during the winter months on Lake Superior. The rule also creates a requirement for all Great Lakes commercial fishers to notify a Conservation Warden of any lost or recovered commercial fishing net. The rule prohibits anyone from lifting, tampering or disturbing commercial fishing gear without the permission of the owner. Also, state commercial fishing licensees and their crew members are prohibited from operating a boat used by the licensee in commercial fishing under ch. NR 25 if there are any lake trout tags on board that were not issued by the department to a state licensed commercial fisher. Finally, the rule prohibits a state licensed commercial fisher from allowing his or her licensed boats to be used to tend nets that were not set by a state licensed commercial fisher, and from allowing his or her licensed nets to be used by a person who is not a state licensed commercial fisher or crew member.
Ports of landing. The rule designates primary and secondary ports of landing for commercial fishers on Lake Superior, Lake Michigan and Green Bay. Commercial fishers are required to call in a daily float plan to the Department if they intend to land their catch at a secondary port.
Vehicle identification. The rule creates vehicle identification requirements for transportation of fish in vehicles belonging to commercial fishers and wholesale fish dealers.
Housekeeping provisions. The rule includes several housekeeping provisions updating language and terms, clarifying provisions on the use of gear, and identifying the specific locations of particular lines and boundaries.
The proposed rule may have an impact on small commercial fishers and wholesale fish dealers businesses. The current biweekly “paper” reporting system for daily fishing activity is replaced with an electronic fish harvest reporting system whereby commercial fishers submit electronic reports and data relating to fishing activity and reports on a daily basis via the Internet. The department will provide the portable electronic reporting unit to the commercial fishers. A fleet reporting system is created to allow family commercial fishing businesses to consolidate quota allocations, fish harvest weights and daily fishing activity information for reporting purposes, thereby eliminating extensive record keeping requirements relating to individual licenses. The completion and submittal of a biweekly catch and disposition report to the Department is eliminated for commercial fishers. Commercial fishers and wholesale fish dealers will be required to submit a new annual inventory report documenting fish in possession, storage or under control on an annual date of their choosing to allow them to use the same inventory data as required for tax reporting or other business purposes. The required inspection and tagging of foreign lake trout imported by wholesale fish dealers is eliminated. 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. The proposed rule and fiscal estimate may be reviewed and comments electronically submitted through the Wisconsin Administrative Rules Web site. Written comments on the proposed rule may be submitted until August 10 via U.S. mail to Tom Hansen, Administrative Warden, DNR Northeast Region, P.O. Box 7921, Madison, WI 53707. For more information or a copy of the proposed rule and fiscal estimate contact Tom Hansen at (920) 662 5438. The hearings will be held:
July 16, Ashland - 5 p.m. in the Garland Room, Vaughn Public Library, 502 West Main St.
July 17, La Crosse - 4 p.m. in Room B19, DNR Service Center, 3550 Mormon Coulee Road.
July 30
- Milwaukee - 10:30 a.m. in Room 104, DNR Southeast Region Hdqrs., 2300 N. Dr. Martin Luther King, Jr. Dr.
- Cleveland - 3 p.m. in the Wells Fargo Room, Lakeshore Technical College, 1290 North Ave,
July 31
- Peshtigo - 10 a.m. in the Council Chambers, Peshtigo City Hall, 331 French St. (Hwy 41)
- Green Bay -1:30 p.m in the Lake Michigan Room, DNR Northeast Region Hdqrs., 2984 Shawano Ave.
- Sturgeon Bay - 5:30 p.m. in the Sturgeon Bay Library, 107 South 4th Ave.
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