Section 23.11 (1), Stats., grants the department such powers as may be necessary or convenient to enable it to exercise the functions and perform the duties required of it by ch. 23, Stats., and by other provisions of law.

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., authorizes the department to limit the number of Great Lakes commercial fishing licenses, designate the areas in the outlying waters under the jurisdiction of this state where commercial fishing operations are restricted, and designate the kind, size, and amount of gear to be used in the harvest.

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.

Approximately 40 hours.

The proposed rule change would expand opportunities for commercial fishing businesses and was initiated in response to the expressed concerns of commercial fishers.

The department is not aware of any existing or proposed federal regulation that would govern commercial fishing in Wisconsin's waters of Lake Michigan and Green Bay or Lake Superior.

The statement of scope for this rule was approved by the governor on September 6, 2011.

RL 84.04 (1) (b)

Revises section RL 84.04 (1) (b), relating to certified general appraiser equivalent education semester credit hours.

To correct an error in Clearinghouse Rule 10-135 which will go into effect on September 1, 2011. The Federal Institutions Reform, Recovery, and Enforcement Act requires a certified general appraiser credential to have a bachelor's degree or equivalent education of at least 30 semester credit hours.

Under the Federal Institutions Reform, Recovery and Enforcement Act (FIRREA), the state criteria for the qualifications of certified real estate appraisers must meet the minimum qualifications criteria for certification established by the Appraiser Qualifications Board (AQB) of the Appraisal Foundation. The education requirement is a bachelor's degree or equivalent education from an accredited college or university. Equivalent education shall consist of at least 30 semester credit hours successfully completed at an accredited college or university or completed through the CLEP, which cover ten specified subject matter courses.

Prior to Clearinghouse Rule 10-135 which inadvertently changed the education requirement to 10 semester hours instead of 30, RL 84.04 (1) (b) required the equivalent education to consist of at least 30 semester credit hours. This rule is to correct the error which occurred with Clearinghouse Rule 10-135.

The Department of Safety and Professional Services has specific rule making authority pursuant to:

5 hours.

Applicants for a certified general appraiser credential.

Pursuant to FIRREA, the state criteria for the qualifications of certified real estate appraisers must meet the minimum qualifications criteria established by AQB. This rule will bring Wisconsin in line with the FIRREA and AQB requirements.