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NR 1.02(7)(a) (a) For the purpose of this subsection, the following terms are defined as:
NR 1.02(7)(a)1. 1. “Classification survey" means a fishery survey employing techniques generally accepted by fisheries biologists that:
NR 1.02(7)(a)1.a. a. Investigates the variety of habitat types present in the water being surveyed;
NR 1.02(7)(a)1.b. b. Provides a representative sample of the fish species present, and their relative abundance;
NR 1.02(7)(a)1.c. c. Provides the length distribution and the age structure of the trout population.
NR 1.02(7)(a)2. 2. “Trout spawning habitat" means areas of gravel, small rubble or coarse sand which are infiltrated by groundwater or stream flow of sufficient quantity and quality to allow successful hatching of trout eggs and emergence of fry.
NR 1.02(7)(a)3. 3. “Trout habitat" means those areas having sufficient quantity and quality of water, cover and food to allow trout to complete one or more life history stages.
NR 1.02(7)(b) (b) Classification of trout streams, as determined by classification surveys, shall be based on the following criteria:
NR 1.02(7)(b)1. 1. `Class I'. A class I trout stream is a stream or portion thereof with a self-sustaining population of trout.
NR 1.02(7)(b)1.a. a. Such a stream contains trout spawning habitat and naturally produced fry, fingerling, and yearling in sufficient numbers to utilize the trout habitat, or
NR 1.02(7)(b)1.b. b. Contains trout with 2 or more age groups, above the age of one year, and natural reproduction and survival of wild fish in sufficient numbers to utilize the available trout habitat and to sustain the fishery without stocking.
NR 1.02(7)(b)2. 2. `Class II'. A class II trout stream is a stream or portion thereof that:
NR 1.02(7)(b)2.a. a. Contains a population of trout made up of one or more age groups, above the age one year, in sufficient numbers to indicate substantial survival from one year to the next, and
NR 1.02(7)(b)2.b. b. May or may not have natural reproduction of trout occurring; however, stocking is necessary to fully utilize the available trout habitat or to sustain the fishery.
NR 1.02(7)(b)3. 3. `Class III'. A class III trout stream is a stream or portion thereof that:
NR 1.02(7)(b)3.a. a. Requires the annual stocking of trout to provide a significant harvest, and
NR 1.02(7)(b)3.b. b. Does not provide habitat suitable for the survival of trout throughout the year, or for natural reproduction of trout.
NR 1.02(7)(c) (c) After classification or reclassification of a stream or portion thereof under this subsection, the department shall, as soon as is feasible or reasonable, give notice in a newspaper or such other media the department selects in the area affected which is likely to inform the local residents. The department shall provide the information to all clerks of the county, town, city or village in which the stream or portion thereof is located. The department shall notify the legislators whose districts include the affected stream and the chairpersons of the committees of the legislature with jurisdiction for natural resources issues.
NR 1.02(7)(d) (d) The notice shall contain the location and description of the stream and the basis for its classification. If a hearing is not requested in writing within 30 days after the mailing of the notice, the department may waive the hearing. Upon receipt of a request for a hearing, the department shall, not less than 10 days before such hearing, mail written notice thereof to each person notified under par. (c).
NR 1.02(7)(e) (e) At each hearing, the department shall take evidence offered by persons in support of or in opposition to the stream classification. If the department finds the stream is not properly classified, the stream shall be reclassified on the basis of the criteria specified under par. (b).
NR 1.02(7)(f) (f) The department shall maintain a list of classified trout streams for public information. This list shall not be assumed to be exhaustive but will include all trout streams surveyed and classified.
NR 1.02 History History: Cr. Register, February, 1980, No. 290, eff. 3-1-80; cr. (7), Register, July, 1981, No. 307, eff. 8-1-81; correction in (7) (b) 3. made under s. 13.93 (2m) (b) 1., Stats., Register, September, 1999, No. 525.
NR 1.03 NR 1.03 Mississippi river fisheries management. In carrying out an effective management program for fish and aquatic resources, the department shall:
NR 1.03(1) (1)Regulate sport and commercial harvest to provide an optimum sustained yield.
NR 1.03(2) (2)Promote cooperative agreements with Iowa, Minnesota and the U.S. fish and wildlife service in an effort to maintain:
NR 1.03(2)(a) (a) The unique habitats on the river;
NR 1.03(2)(b) (b) Programs to maintain and improve public access;
NR 1.03(2)(c) (c) Cooperative research and surveys of populations and harvests, especially those related to endangered or threatened species.
NR 1.03 History History: Cr. Register, February, 1980, No. 290, eff. 3-1-80.
NR 1.04 NR 1.04 Great Lakes fishery management. The board endorses a flexible management system for the protection, development and utilization of the waters and fish populations of the Great Lakes for the maximum public benefit.
NR 1.04(1) (1)Management of the Great Lakes is of intrastate, interstate, federal and international interest; therefore, cooperation with managing agencies shall be sought in developing management objectives and measures for fish stocks of common concern.
NR 1.04(2) (2)The Great Lakes fisheries are to be considered part of a diverse community. The department shall promote efforts to maintain and enhance the quality of this community and its environment.
NR 1.04(3) (3)Management of the fishery resources shall be based on a sound understanding of the dynamics of interacting fish stocks. The department shall conduct research and resource base, inventories, and collect harvest and utilization statistics on which to base sound management decisions.
NR 1.04(4) (4)The fishery resources of the Great Lakes, though renewable, experience dynamic changes and are limited. The resources will be managed in accordance with sound biological principles to attain optimum sustainable utilization. Management measures may include but are not limited to seasons, bag and quota limits, limitations on the type and amount of fishing gear, limitation as to participation in the fisheries and allocation of allowable harvest among various users and the establishment of restricted areas.
NR 1.04 History History: Cr. Register, February, 1980, No. 290, eff. 3-1-80.
NR 1.05 NR 1.05 Identification of areas of special natural resource interest.
NR 1.05(1)(1)To fulfill its affirmative duty to protect public trust waters, the department shall identify and designate by rule areas that possess significant scientific value under s. 30.01 (1am) (c), Stats., as areas of special natural resource interest under s. 30.01 (1am), Stats.
NR 1.05 Note Note: Section 30.01 (1am) (c), Stats., was repealed by 2015 Wis. Act 387.
NR 1.05(2) (2)Exemptions listed in ss. 30.12 (1g) (a) to (km), 30.123 (6) (d) and 30.20 (1g) (b) 1. and 2., Stats., do not apply in areas of special natural resource interest. General or individual permits are required.
NR 1.05 Note Note: Activities not exempted in areas of special natural resource interest under ss. 30.12 and 30.20, Stats., are: deposits less than 2 cubic yards; seasonal structures other than piers or wharves; fish habitat structures; bird nesting platforms; dry hydrants; pilings; riprap repair or replacement; biological shore erosion control structures; intake or outfall structures; dredging to place or maintain an exempt structure; dredging without auxiliary power. Activities not exempted in areas of special natural resource interest under ch. NR 320 are culvert replacements. However, new and existing piers may be exempt in areas of special natural resource interest under s. 30.13, Stats., as set forth in ch. NR 326.
NR 1.05(3) (3)All of the following waters are identified as areas of special natural resources interest under s. 30.01 (1am), Stats.:
NR 1.05(3)(a) (a) A state natural area designated or dedicated under ss. 23.27 to 23.29, Stats.
NR 1.05(3)(b) (b) A surface water identified as a trout stream by the department under s. NR 1.02 (7).
NR 1.05(3)(c) (c) A surface water identified as an outstanding or exceptional resource water under s. 281.15, Stats.
NR 1.05(4) (4)All of the following are determined to be areas of special natural resources interest under s. 30.01 (1am) (c), Stats., as areas with significant scientific value:
NR 1.05 Note Note: Section 30.01 (1am) (c), Stats., was repealed by 2015 Wis. Act 387.
NR 1.05(4)(a) (a) Waters or portions of waters that contain endangered or threatened species or aquatic elements as defined and identified in the Wisconsin Natural Heritage Inventory.
NR 1.05 Note Note: The definitions and scientific protocols for their identification are available on the department's website at http://dnr.wi.gov keyword “NHI" or by contacting the Bureau of Natural Heritage Conservation.
NR 1.05(4)(b) (b) Wild rice waters as identified in a written agreement between the department and the Great Lakes Indian Fish and Wildlife Commission.
NR 1.05(4)(c) (c) Waters in areas identified in a special area management plan, abbreviated SAMP, approved by the U.S. Army Corps of Engineers, or special wetland inventory study, abbreviated SWIS, identified under s. NR 103.04.
NR 1.05 Note Note: Special area management plans exist for the City of Superior, Douglas County and Chiwaukee Prairie, Kenosha County. A Special Wetland Inventory Study exists for the area bordering the bay of Green Bay.
NR 1.05(4)(d) (d) Waters in ecologically significant coastal wetlands along Lakes Michigan and Superior as identified in Publication # ER-002-00, Data Compilation and Assessment of Coastal Wetlands of Wisconsin's Great Lakes, March 2000.
NR 1.05(4)(e) (e) Federal or state, under ss. 30.26 and 30.27, Stats., designated wild or scenic rivers.
NR 1.05(5) (5)Areas of special natural resource interest shall be designated by the Natural Resources Board by rule.
NR 1.05(5)(a) (a) The Natural Resources Board may designate by rule categories of waters as areas of special natural resource interest. The status of waters added or removed from designated categories by independent listing processes shall be effective at the time that the name or location of the water is made available in the listing on the department's website as required in sub. (6) and no earlier than the effective date of any rule or required report to the legislature designating a water or portion of a water as an Area of Special Natural Resource Interest.
NR 1.05(5)(b) (b) The Natural Resources Board may designate by rule individual waters or portions of waters as areas of special natural resource interest.
NR 1.05(6) (6)The department shall maintain on its website and make available at its offices a consolidated list of areas of special natural resource interest along with all other waters designated under ss. NR 1.06 and 1.07 so that a person may readily determine the applicability of all exemptions or permit requirements under ch. 30, Stats. For categories of waters with ongoing independent listing processes, notice of waters or portions of waters added or removed shall be provided at the website as soon as the name or location of the water is made available. Notice shall be maintained for 3 months after the initial listing.
NR 1.05 Note Note: See the department's website at http://dnr.wi.gov under the topic “Waterway and Wetland Permits."
NR 1.05(7) (7)The department shall report to the chairs of the standing natural resource committees of the Legislature and to the co-chairs of the joint committee for review of administrative rules in July of each year the aquatic-dependent species of special concern that may be added or removed from the state's list and those bodies of water that may be impacted by the addition or removal of those species. The department will notify the chairs of the standing natural resource committees of the Legislature and the co-chairs of the joint committee for review of administrative rules in January of those bodies of water that have been added to or removed from the consolidated list of areas of special natural resource interest as required in sub. (6) that result from identification of special concern species. This notification shall be included in an annual report on waterway and wetland permit program performance that is provided to all members of the legislature and the clerk of each county.
NR 1.05 History History: Emerg. cr. eff. 4-19-04; emerg. r. and recr. eff. 8-24-04; CR 04-066: cr. Register April 2005 No. 592, eff. 5-1-05; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register April 2016 No. 724.
NR 1.06 NR 1.06 Identification of public rights features.
NR 1.06(1)(1)Department to assess waters. To fulfill its affirmative duty to protect public trust waters, the department shall assess the state's public trust waters to identify locations of public rights features where activities shall require general or individual permit review in lieu of exemptions, or reasonable limitations on location to assure that the public's rights and interests under the public trust doctrine are protected, under ss. 30.12 (1p) (a) 3. and (2m), 30.123 (6m) and (6s), 30.20 (1k) (a) 2. and (1m), 30.206 (1) (ag), (3) and (3r), Stats.
NR 1.06(2) (2) Exemptions not allowed. Due to the potential significant adverse impacts of the activity on public rights features, exemptions listed in ss. 30.12 (1g) (km) and 30.20 (1g) (b) 2., Stats., are not allowed in locations where there are public rights features as described under sub. (5). General or individual permits are required for those activities in locations of public rights features.
NR 1.06 Note Note: Exemptions not allowed in locations of public rights features are: intake or outfall structures other than dry hydrants; replacement culverts with inside diameter not more than 24 inches; dredging without auxiliary power. However, new and existing piers may be exempt in areas with public rights features under s. 30.13, Stats., as set forth in ch. NR 326.
NR 1.06(3) (3) Exempt activities. For those activities that are not allowed in locations where there are public rights features as described under sub. (5), a person may undertake an exempt activity after the person has evaluated the site and determined that the activity is not in the location of a public rights features as described under sub. (5).
NR 1.06 Note Note: Anyone undertaking a project in public waters is encouraged to seek a voluntary exemption determination as provided for in s. 30.12 (2r), 30.123 (6r) or 30.20 (1r), Stats. A one-page form for requesting a determination is available from department service centers and at the department's website at http://dnr.wi.gov under the topic “Waterway and Wetland Permits."
NR 1.06 Note Note: As required by ch. NR 310, the department will make reasonable efforts to determine whether sites that are the subject of exemption determination requests or general permit applications are locations of public rights features and will notify requestors or applicants.
NR 1.06(4) (4) Department determination. For those activities that are not exempt or eligible for general permits in locations where there are public rights features as described in sub. (5), the department will base determinations of whether activities are in locations of public rights features on information as specified in sub. (6).
NR 1.06(5) (5) Public rights features identified. Public rights features are:
NR 1.06(5)(a) (a) Fish and wildlife habitat, including specific sites necessary for breeding, nesting, nursery and feeding.
NR 1.06 Note Note: Physical features constituting fish and wildlife habitat include stands of aquatic plants; riffles and pools in streams; undercut banks with overhanging vegetation or that are vegetated above; areas of lake or streambed where fish nests are visible; large woody cover.
NR 1.06(5)(b) (b) Physical features of lakes and streams that ensure protection of water quality.
NR 1.06 Note Note: Physical features that protect water quality include stands of aquatic plants (that protect against erosion and so minimize sedimentation), natural streambed features such as riffles or boulders (that cause turbulent stream flow and so provide aeration).
NR 1.06(5)(c) (c) Reaches of bank, shore or bed that are predominantly natural in appearance (not man-made or artificial) or that screen man-made or artificial features.
NR 1.06 Note Note: Reaches include those with stands of vegetation that include intermixed trees, shrubs and grasses; stands of mature pines or other conifer species; bog fringe; bluffs rising from the water's edge; beds of emergent plants such as wild rice, wild celery, reeds, arrowhead.
NR 1.06(5)(d) (d) Navigation thoroughfares or areas traditionally used for navigation during recreational boating, angling, hunting or enjoyment of natural scenic beauty.
NR 1.06 Note Note: Physical features indicative of navigation thoroughfares include shallow water areas typically used by wading anglers or areas frequently occupied by regularly repeated public uses such as water shows.
NR 1.06(6) (6) Basis of department determination. The department shall base its identification of public rights features on factual information obtained from reputable sources, including:
NR 1.06(6)(a) (a) Field surveys and inspections, including historical surveys for fish, wildlife, rare species, aquatic plants, geologic features or water quality.
NR 1.06(6)(b) (b) Surveys or plans from federal, state or local agencies.
NR 1.06(6)(c) (c) Factual documentation of features or use patterns from property owners, user groups or knowledgeable users on the waterbody.
NR 1.06(7) (7) Procedure for identifying public rights features.
NR 1.06(7)(a) (a) After survey data shows possible locations of public rights features, the department shall give notice in the official state newspaper or other local media the department selects in the area affected which is likely to inform the local residents. The department shall provide notice on its website and through its system of electronic notices to state media.
NR 1.06(7)(b) (b) The department shall notify the county clerk of any county bordering the lake or reach of a stream, legislators whose districts include the affected public waters and the chairpersons of the committees of the legislature with jurisdiction for natural resources issues, and local, regional or state lake, river or watershed organizations affected by the activity.
NR 1.06(7)(c) (c) The notice shall contain the location and description of the possible public rights features and the basis for its determination that the location is likely to contain public rights features. If a hearing is not requested in writing within 30 days after the mailing of the notice, the department may waive the hearing. Upon receipt of a request for a hearing, the department shall, not less than 10 days before the hearing, mail written notice thereof to each person notified under par. (b), and shall provide notice on its website and through its system of electronic notices to state media.
NR 1.06(7)(d) (d) At each hearing, the department shall take evidence offered by persons in support of or in opposition to the determination. If the department finds any location not properly classified, the location may not be identified as the location containing public rights features.
NR 1.06(8) (8) Sensitive areas. Sensitive areas designated under s. NR 107.05 (3) (i) are determined to be public rights features.
NR 1.06 Note Note: Lakes and streams specifically named in the Wisconsin Land Legacy Report, publication number LF-001-2004 are known to contain extensive public rights features. Persons considering activities in these lakes and streams should consult the department before undertaking activities to determine whether they are in public rights features.
NR 1.06(9) (9) Department website. The department shall maintain on its website and make available at its offices a consolidated list of waters with identified public rights features along with all other waters designated under this section as well as a visual guide to identification of public rights features to assist a person in determining the applicability of all exemptions or permit requirements under ch. 30, Stats.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.