1501:31-13-14 Walleye and yellow perch daily bag limits in the lake Erie sport fishing district.

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

Department of Natural Resources

Agency Name

 

Division of Wildlife                                             Mike Shelton

Division                                                                  Contact

 

2045 Morse Road Bldg. D-3 Columbus OH 43229-6693

614-265-6891        614-261-9601

Agency Mailing Address (Plus Zip)                                       Phone                     Fax

1501:31-13-14

Rule Number

NEW

TYPE of rule filing

Rule Title/Tag Line              Walleye and yellow perch daily bag limits in the lake Erie

sport fishing district.

RULE SUMMARY

1.  Is the rule being filed consistent with the requirements of the RC 119.032 review? No

2.  Are you proposing this rule as a result of recent legislation? No

3.  Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 119.03

4.  Statute(s) authorizing agency to adopt the rule: 1531.06, 1531.08, 1531.10

5.  Statute(s) the rule, as filed, amplifies or implements: 1531.06, 1531.08, 1531.10

6.  State the reason(s) for proposing (i.e., why are you filing,) this rule:

This rule is being proposed to allow the Division of Wildlife to set daily bag limits for Lake Erie walleye and yellow perch after quotas are announced by the Lake Erie Committee in late March. Due to the length of the current rulemaking process and printing logistics for the fishing regulations pamphlet, the Division must submit bag limit rule proposals 8 months before quotas are issued. Quotas are used to minimize the risk of over-fishing and therefore provide for healthy fish populations and sustainable fisheries. Daily bag limits are the primary method of aligning the Ohio sport catch with the Ohio quotas for these two species. If the bag limit is set too high, we risk exceeding the quota, which has negative social, political, and

biological consequences. If the bag limit is set too low, we risk unnecessarily constraining the catch, which can negatively affect angler participation and associated expenditures through Lake Erie coastal industries (food, retail, lodging, tourism, etc). All risks are greatly minimized if bag limits are based on exact knowledge of quotas, rather than on projections from 8 months prior. Transparent linkages between quotas and bag limits should help affected persons to make educated business decisions about future trends in Ohio's Lake Erie fisheries.

7.  If the rule is an AMENDMENT, then summarize the changes and the content of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, then summarize the content of the rule:

Based upon the walleye quota for Ohio and based upon the yellow perch quota for each lake Erie yellow perch management unit, the seasonal daily bag limit for walleye and yellow perch would be determined by using the formula (tables) listed in this rule. The bag limits would then be posted on the division of wildlife website at WildOhio.com, in a statewide news release, and in a printed pamphlet prior to May 1.

8.  If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections

121.71 to 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons:

This response left blank because filer specified online that the rule does not incorporate a text or other material by reference.

9.  If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation of why filing the text or other material electronically was infeasible:

This response left blank because filer specified online that the rule does not incorporate a text or other material by reference.

10.  If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why filing the text or other material was infeasible:

Not Applicable.

11.  If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so:

Changes made to correct minor grammatical errors in Rule Summary and Fiscal Analysis.

12.  119.032 Rule Review Date:

(If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.)

NOTE: If the rule is not exempt at the time of final filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

FISCAL ANALYSIS

13.  Estimate the total amount by which this proposed rule would increase/ decrease either revenues /expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget of your agency/department.

This will increase expenditures.

$36,000

While this proposed rule would change the timing of the announcement of Lake Erie walleye and yellow perch catch limits, we do not anticipate any effects on revenue during the current biennium. This proposed rule would require additional effort to make Ohio's anglers aware of Lake Erie walleye and yellow perch bag limits that would go into effect on May 1. The bag limits would not be contained in the fishing regulations publication that is issued in February each year (a new fishing license is required March 1) - consequently, another pamphlet would have to be published to cover the new Lake Erie walleye and yellow perch bag limits.

Estimated cost for this publication would be $18,000 per year. The new catch limits would also be publicized through statewide news releases and the Division of Wildlife website, but costs for these would be negligible.

14.  Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule:

A.M. Sub HB1, line 740-401

15.  Provide a summary of the estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency:

Compliance with this proposed rule will not impose any additional or unexpected costs on directly affected anglers or persons involved in related coastal industries, because they are already familiar with the variable nature of fishing on Lake Erie. Most, if not all, affected persons have experienced annual changes in walleye and yellow perch quotas, as well as periodic changes in daily bag limits for these species. Most affected persons also understand and agree with the need to manage Ohio's Lake Erie fisheries for sustainable benefits. This rule does not change the scientific methods by which daily bag limits are determined. It simply proposes to change the timing of the announcement of daily bag limits, so as to better align expected catches with Ohio's exact walleye and yellow perch quotas. Costs could be substantial to all affected persons if catches and quotas are misaligned, which is more likely to occur when bag limits are determined 8 months prior to, rather than after quotas are established. More timely alignment of catches with quotas through the use daily bag limits has received support from officers of the Lake Erie Charter Boat Association as representatives for their Board of Directors. Additionally, during a special open house held in Port Clinton, Ohio on August 29, 2009, very few comments were received regarding this rule proposal. Of those that were received, only one person disagreed with the idea of setting walleye and perch daily limits after quotas are announced in the spring.

16.  Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No

17.  Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? No