ORDER OF THE STATE OF WISCONSIN NATURAL RESOURCES BOARD
AMENDING
AND CREATING RULES
The state
ment of scope for this rule, SS
029-12
, was
approved by the Governor on May 2, 2012, published in
Register No. 677
on June 1, 2012
, and approved by th
e Natural Resources Board on June 27, 2012
.
Wisconsin Natural Resources Board proposes an order to amend NR 25.06 (2) (a); to repeal and recreate NR 25.07 (2) (a) and (am); and to create NR 25.02 (38m) and (69m), relating to commercial harvest of chubs from Lake Michigan and affecting small business.
FH-
10-12
Analysis Prepared by Department of Natural Resources
3. Explanation of agency authority.
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 the department, after giving due consideration to the recommendations made by the commercial fishing boards, 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.
4. Related statutes
or rules
.
Section
29.519
, Stats., Commercial fishing in outlying waters
5. Plain language
analysis of the proposed rule.
The proposed rule establishes
a system for the automatic adjustment of the total allowable commercial harvest of
bloater
chubs
(
Coregonus hoyi
)
from Lake Michigan.
The harvest limit would be
come
a simple function of population
estimates provided
by the
Great Lakes Science Center of the
US Geological Survey
(USGS)
,
and
may
change annually.
The proposed rule
also removes outdated and ambiguous procedures for allocating the harvest among commercial fishers and replaces them with a percentage all
ocation.
The proposed rule also eliminates outdated restrictions on the timing of chub harvest in the northern chub harvest zone.
SECTION 1
defines “Lake Michigan adult
bloater
chub index” as the average of the three most recent
bottom trawl and the three most recent acoustic
estimates of adult
(greater than or equal to 190 mm)
bloater
chub biomass density (in kilograms per hectare)
determined annually by
the Great Lakes Science Center of the USGS.
SECTION 2 defines “Wisconsin Lake Michigan spawning
bloater
chub biomass” as
1,
900,000
hectares
multiplied by
the Lake Michigan adult
bloater
chub index
,
multiplied by
2.2
.
Where th
e multiplier
“1,
900,000
”
is the
approximate
surface
area of
the
Wisconsin waters of Lake Michigan and
“
2.2
”
is the
multiplier
needed to convert
the
bloater
chub biomass
estimate in kilograms to an estimate in pounds.
(See PDF for image)
SECTION 3
allows the department to annually determine the total allowable commercial harvest of
bloater
chubs using a set formula. It
sets the total allowable commercial harvest of
bloater
chubs at
25
percent
of the Wisconsin Lake Michigan spawning
bloater
chub biomass
or 350,000 p
ounds
,
whichever is greater
.
If the Wisconsin Lake Michigan spawning
bloater
chub biomass decreases, the total allowable
commercial
harvest would also decrease with the lowest potential total allowable
commercial
harvest limit being 350,000 pounds
(supported
by the department and
the
L
ake
M
ichigan
C
ommercial
F
ishing
B
oard
)
.
SECTION 3 also divides the total allowable commercial harvest of
bloater
chubs
between
chub fishing
zones
(Figure 1)
as a rati
o rather than a static number.
O
ne-sixth
of the total allowable harvest is allocated
to
the northern chub fishing zone and
five-sixths to the southern chub fishing zone
which is the same ratio as the prior
static number
allocation between zones
.
This allows the
southern and northern chub fishing zone
harvest limits
to vary automatically
as
the total allowable annual commercial harvest
is adjusted
.
Thi
s section also removes an allotm
ent
of the harvest limit
for special
population
assessments
conducted
by the
d
epartment.
[See pdf for Figure 1]
(See PDF for image)
SECTION 4
d
eletes an outdated section from NR 25.07
(2)
(a) and
, within the year-round open season,
removes
the
“quota periods”
harvest limits
of ch
ubs from t
he northern chub fishing zone
that are based on harvest at certain times of the year
.
Section
4
also
simplifies the rules for allocation of the total allowable commercial harvest of
chub
s
from the southern chub fishing zone
and describes the process for permanent transfer of
individual licensee catch
quota
s
.
Harvest allocation shall be allotted among 32 individual licensee catch quotas as a percentage of the total allowable commercial harvest. In addition, no individual licensee catch quota allotted to a permittee may exceed 70,000 pounds until each allotted individual licensee catch quota equals 70,000 pounds. When all individual licensee catch quotas each equal 70,000 pounds, any further increases shall be divided equally among the individual licensee catch quotas.
The license and quota allocations for the northern and southern zones are based on a calendar year open season.
6. Summary of and comparison with existing or proposed federal
statutes and
regulation
s
.
No
existing or proposed federal
statute or
regulation
govern
s
commercial fishing in Wi
sconsin’s waters of the Great Lakes
.
7. Comparison
with
rules in adjacent states.
There is currently no chub harvest in Indiana or Illinois waters of Lake Michigan. In Michigan waters there are modest state-licensed and tribal harvests,
with participation too sm
all to require harvest limits.
O
ver 80% of the lake
-
wide
chub
harvest occurs in Wisconsin waters.
8. Summary of factual data and analytical methodologies.
1) The
bloater
chub population and commercial harvests in Wisconsin have declined dramatically
.
The
bloater
chub population of Lake Michigan has fluctuated w
idely over the past 50 years.
Following
a
st
eep decline in the 1970
s, the population rebounded to ver
y high levels in the early 1990
s, but since then
the population has declined steadily
(Figure 2).
These
population
estimates
are derived from
the
lake
-
wide bottom trawl
survey conducted by the USGS.
These estimates
have limitations
because t
he bottom trawl survey is limited to depths less than 110 m, so it does not include fish at greater depths, and
only the bottom portion of the water column is sampled so
fish higher in the water column
are not counted
.
However,
unquestionably
there is a trend
of long-term decline in
bloater
chub abundance.
Reasons for this
more recent
decline are not fully understood and may include disappearance of one of the
bloater
chub’s most important food items
Diporeia
, a small Crustacean, due to invasive species.
[See pdf for Figure 2]
(See PDF for image)
(See PDF for image)
The Wisconsin
commercial
fishery was closed following the population decline in the 1970’s but was soon reopened as the population recovered. The harvest limit was increased to the present level of 3,600,000 pounds in 1991, and has remained at that level
even
as the population
has
declined. The Wisconsin harvest is
currently
restricted to two areas, the northern and southern chub fishing zones
(Figure 1)
, with allowable harvests of 600,000 pounds in the north and 3,000,000 pounds in the south. The reported commercial harvest has never reached the harvest limit, and in recent years has declined sharply, hitting a low of 15,216 pounds in 2012. During most of this period of population decline
,
both the harvest limit and the reported harvest were only a small fraction of the estimated lake
-
wide
b
iomass,
therefore
the commercial harvest
was not a
likely
factor in the population decline. However, the estimated lake
-
wide
chub
population declined
to
3.2 million p
ounds in 201
3
,
which is below the current
Wisconsin harvest
limit
of 3.6 million pounds
(Figure 3
)
,
making the current Wisconsin harvest limit outdated and unsustainable.
[See pdf for Figure 3]
2) The formula for allocating the harvest limit is confusing
and should be updated
.
(See PDF for image)
(See PDF for image)
The harvest limit for chubs is divided among license holders by rules that are more complicated than those used for other species. The northern chub fishing zone is
managed
a
s a
“
racehorse
”
fishery
which means that it has an overall allowable harvest and any
licensed
fisher
who holds a northern
chub permit
can participat
e
in the fishery until the combined harvest of all fishers reaches
80% of
the allowable harvest
for
that
zone
. In the southern chub fishing zone, 10% of the allowable harvest is reserved for a
similar
racehorse fishery
. The
remaining 90%
of the allowable harvest is
allocated
to individual quota holders
according to a formula
. If
the
allowable harvest for the southern zone is
2,240,000 pounds
or more
,
all individual quota holders receive an equal quota. However, if the allowable harvest
for the southern zone
falls below 2,240,000 pounds
,
a ranking
/percentage
system is
used to
determine
individual quotas
.
This ranking system was
established
prior to rules allowing
for the permanent
transfer of individual
chub
quotas
. These rules
d
id
not explicitly describe how the individual rankings
and corresponding percentages
transfer between license holders.
For all other commercial species, quota allocations are based on simple percentage shares;
in any zone
each license is allocated a percentage share of the harvest limit, and the percentage sha
re
may be transferred
permanently
from one license to another
.
The more complex system that applies to chubs was deemed necessary when adopted over 30 years ago
, but updates and revisions to the allocation formula are now needed
.
9. Analysis and supporting documen
ts
used
to determine effect on small business
or
in preparation of
an economic impact
analysis
.
The decline in
bloater
chub abundance in Lake Michigan has been confirmed by
population
surveys
and commercial harvests.
The value of the fishery h
as declined in response to the
low populations and catches (Table 1).
Rule changes are necessary in order to ensure a sustainable chub fishery over the long-term.
The Lake Michigan Commercial Fishing Board was consulted during development of this rule and is in support of the rule changes.
The department
conduct
ed
an economic impact analysis
in April 2015
to determine if any individuals, businesses, local governments, or other entities expect
ed
to be adversely affected economically by the rule
and no comments were received
.
There would be n
o implementation costs for the
d
epartment
.
Table 1: Summary of the harvest and dockside value of three chub products (dressed chubs, chub eggs, and the mixture of chub viscera known as “eggs and guts”) by Wisconsin commercial fishers in 2008 and 2013.
1
Price per pound values provided by a licensed wholesale fish dealer. Wholesale prices fluctuate.
|
|
product
|
price per pound
|
harvest
(
lbs
)
|
dockside value
|
2008
|
dressed chubs
|
$3.00
|
268,034
|
$804,102
|
|
|
chub eggs
|
$7.00
|
2,140
|
$14,980
|
|
|
chub eggs and guts
|
$1.00
|
27,424
|
$27,424
|
201
3
|
dressed chubs
|
$
5.5
0
|
18,959
|
$
104,275
|
|
|
chub
eggs
|
$
10
.00
|
545
|
$
5,450
|
|
|
chub eggs and guts
|
$
3
.00
|
3,053
|
$
9,159
|
10. E
ffects on small business
.
The rule would directly affect
commercial fishers
with permits to harvest
chubs from Lake Michigan. Associated businesses may also be affected.
However, it is expected that this rule would not substantially limit commercial fishers’
opportunity to harvest
chub
s
. If this proposed rule were in place for the past ten years, commercial fishers would have not been limited by this regulation because their harvest fell far below what would have been the total allowable
commercial
harvest. The low harvest over the past ten years was a result of economic factors (e.g., fuel, labor, market demand) and low catch rates for these fish that are no longer abundant. The low harvest was not a result of harvest regulations.
Adjustments in harvest limits affect the livelihoods of commercial fishers and associate
d
businesses, but such adjustments are a necessary part of fisheries management. Because this rule will cause those adjustments to be more timely and responsive to fish population changes it will support stability in fish populations and in the fishery.
Automatic h
arvest limit adjustments can result in
short-term
economic benefit to commercial fishers
when populations increase and potential
short-term
economic losses in years
when the
fish population is in decline.
For example
,
if the Wisconsin Lake Michigan spawning
bloater
chub biomass increase
s
by 1,000,000 pounds then the total allowable
commercial
harvest would increase by 250,000 pounds. If the Wisconsin Lake Michigan spawning
bloater
chub biomass decreases, the total allowable
commercial
harvest would also decrease with the lowest potential total allowable harvest
limit
being 350,000 pounds.
This
strategy is supported
by the department and the Lake Michigan Commercial Fishing Board.
The proposed rule does not impose any new reporting requirements on small businesses nor are any design or operational standards contained in the rule.
1
1
.
Age
ncy contact person
.
David Boyarski
Department of Natural Resources
110 S. Neenah Ave
Sturgeon Bay, WI 54235
Telephone: (
920)746-2865
1
2
. Place where comments are to be submitted and deadline for submission.
Written comments may be submitted at the public hearings, by regular mail, fax or email to the contact person listed above. Written comments may also be su
bmitted to the d
epartment using the Wisconsin Administrative Rules website at
http://adminrules.wisconsin.gov
.
A public h
earing
will be held July 29, 2015,
and the comment submission deadline
is July 31, 2015
.
SECTION 1. NR 25.02
(
38m
) is created to read:
NR 25.02
(3
8m
)
“Lake Michigan adult
bloater
chub index” means the average of the three most recent
bottom trawl and the three most recent acoustic
annual estimates of the adult
(greater than or equal to 190 mm)
bloater
chub biomass density in Lake Michigan, expressed in kilograms per hectare,
as determined annually by
the Great Lakes Science Center of the US Geological Survey.
SECTION 2. NR 25.02
(
69m
) is created to read:
NR 25.02
(
69m
)
“Wisconsin Lake Michigan spawning
bloater
chub biomass” is
expressed in pounds and equals
1,9
00
,
000
hectares
multiplied by the Lake Michigan adult
bloater
chub index, multiplied by 2.2. Where the multiplier “1,9
00
,
000
” is the
approximate
surface area of the Wisconsin waters of Lake Michigan
expressed in hectares
and “2.2”
is the
multiplier needed to convert the
bloater
chub biomass estimate in kilograms to an estimate in pounds.
SECTION 3. NR 25.06
(2)
(a) is amended to read:
NR 25.06
(2)
Lake Michigan and Green Bay
.
(a)
Chubs.
The total allowable
annual
commercial harvest of chubs in Wisconsin waters of Lake Michigan shall be determined
by the natural resources board based on recommendations from the department
annually by the department
on or
before
December 31
for
the
following
license
year.
1. The total allowable commercial harvest for any license year
may not exceed
3,600,000 pounds
shall equal
2
5 percent
of the
Wisconsin
Lake Michigan
spawning
bloater
chub biomass
or 350,000 pounds
,
whichever is greatest
.
2. No more than
600,000 pounds
one-sixth
of the total allowable commercial harvest for any license year may be taken in the northern chub fishing zone.
3. No more than
3,000,000 pounds
five-sixths
of the total allowable commercial harvest for any license year may be taken in the southern chub fishing zone.
4. The department reserves
100,000 pounds
three per cent of the total allowable annual commercial harvest of chubs to be used for special assessment.
SECTION 4. NR 25.07
(2)
(a)
and (am) are
repealed and recreated
to read:
NR 25.07 (2)
NR
25.07
(2)(a)
(a)
Chubs.
NR
25.07
(2)(a)1.
1.
A chub fishing permit shall be issued under this subdivision to each applicant who selects the northern chub fishing zone under sub.
(3)
(d)
, is a licensed commercial fisher and held a Lake
Michigan chub harvest permit for the northern chub fishing zone for the 1985-1986, 1986-1987
,
or 1987-1988 license year.
NR
25.07
(2)(a)1m.
1m.
A chub fishing permit and individual licensee catch quota shall be issued under this subdivision to each applicant who selects the southern chub fishing zone under sub.
(3)
(d)
and is a licensed commercial fisher.
2. The department shall notify all permittees under subd. 1. who selected the northern chub fishing zone to cease fishing upon receipt of information that 85% of the total allowable commercial harvest in the northern chub fishing zone under s.
NR 25.06 (2) (a) 2.
has been harvested except that all nets in the water shall be lifted under s.
NR 25.09 (2) (a) 10.
and the legal fish therein harvested.
(am)
Chubs; southern fishing zone limitations.
All permittees under par.
(a) 1m.
who select the southern chub fishing zone under sub.
(3) (d)
shall be subject to the following limitations:
NR
25.07
(2)(am)1.
1.
In the southern chub fishing zone, 90% of the total allowable commercial harvest established in s.
NR 25.06 (2) (a) 3.
shall be allotted among 32 individual licensee catch quotas as a percentage of the total allowable commercial harvest.
The individual licensee catch quota allotted to a permittee is calculated using the individual licensee catch quota percentage multiplied by the total allowable commercial harvest established in s.
NR 25.06 (2) (a) 3.
Note:
In 1989,
Each individual licensee catch quota was assigned to a permittee based on the reported individual authorized regular season legal chub harvest from April 1, 1981 through December 31, 1982. The permittees reporting the five highest chub harvests were assigned an individual licensee catch quota percentage of 3.94, sixth through tenth highest a percentage of 3.64, eleventh through fifteenth highest a percentage of 3.34, sixteenth through twentieth highest a percentage of 3.04, twenty-first through twenty-fifth highest a percentage of 2.74, twenty-sixth through thirtieth highest a percentage of 2.44, and thirty-first through thirty-second highest a percentage of 2.15. Transfers of full or partial individual licensee catch quotas allowed under s.
NR 25.08
since 1982 have resulted
in permittees who have full and
partial amounts of individual license
e
catch quotas.
The
percentage and resulting poundage transfers are tracked by the department.
a
.
In conjunction with any chub individual licensee catch quota transfer subject to s.
NR 25.08
, the corresponding percentage of the total allowable commercial harvest, whether in part or whole, shall be transferred.
Note:
For example, if Permittee A was originally assigned an individual licensee catch quota of 3.94% and half was transferred to Permittee B who already had an individual licensee catch quota of 3.64% and the total allowable commercial harvest was 1,700,000, Permittee A would receive 1.97% of the total allowable commercial harvest (1,700,000 * 0.0197 = 33,490 pounds) and Permittee B would receive 5
.61% of the total allowable commercial harvest (1,700,000 * (0.0197+0.0364) = 95,370 pounds).
NR
25.07
(2)(am)1.b.
b.
No individual licensee catch quota allotted to a permittee under subd. 1. may exceed 70,000 pounds until each allotted individual licensee catch quota equals 70,000 pounds. When an individual licensee catch quota allotted to a permittee reaches 70,000 pounds, any additional total allowable commercial harvest shall be divided equally among the remaining individual licensee catch quotas not equaling 70,000 pounds. When all individual licensee catch quotas each equal 70,000 pounds, for a total of 2,240,000 pounds, any further increases shall be divided equally among the individual licensee catch quotas. Quota allotments shall be made in whole pound increments.
NR
25.07
(2)(am)2.
2.
In the southern chub fishing zone, 10% of the total allowable commercial harvest established in s.
NR 25.06 (2) (a) 3.
shall be allotted to permittees who do no
t receive individual allotted quotas under subd.
1.
3
.
Any permittee with an individual chub quota allotment under subd.
1.
may temporarily transfer, for the remainder of the current license year, all or part of his or her individual chub quota allotm
ent to a person who holds a permit under subd.
2.
, subject to s.
NR 25.08 (intro.)
,
(1)
,
(4)
, and
(5)
. However, a quota transfer approved under s.
NR 25.08 (5)
is not valid and may not be fished until
the
department, acting under subd.
6.
, has clos
ed the southern chub zone "racehorse" fishery by notifying permittees fishing under subd.
2.
to cease fishing; all of the tra
nsferee's nets in the water have been lifted and the legal fish in the nets harvested; and one calendar day has passed.
NR
25.07
(2)(am)6.
4
.
The department shall notif
y permittees to cease fishing upon receipt of information that 85% of their a
llotment as established in par. (am) 1. and 2. has been harvested except that all nets in the water shall be lifted under s.
NR 25.09 (2) (a) 10.
, and the legal fish therein harvested.
SECTION 6
. EFFECTIVE DATE.
This rule shall take effect on the first day of the month followin
g publication in the Wisconsin Administrative R
egister, as provided in s.
227.22
(2)
(intro.)
,
Wis.
Stats.
SECTION
7
. BOARD ADOPTION. This rule was approved and adopted by the State of Wisconsin Natural Resources Board on ___________________.
