• Allow only 1 walleye to be kept per day and it must be at least 28 inches on Lac LaBelle in Waukesha County
• Allow only 10 panfish to be kept per day on Hodge Lake in Chippewa County
• Require that kept muskellunge be at least 40 inches on the Spider Lake Chain (includes Big Spider, Little Spider, Clear, Fawn, and North lakes), the Tiger Cat Chain (includes McClaine, Upper Twin, Lower Twin, Tiger Cat Flowage, Burns, and Placid), Mud/Callahan lakes, and North Fork Chief River from the Tiger Cat Dam downstream to Mud Lake in Sawyer County
• Allow only 1 northern pike to be kept per day and it must be at least 40 inches on Lake Ellwood in Florence County
• Allow only 2 northern pike to be kept per day and they must be at least 26 inches on Caroline Pond in Shawano County
• Allow only 1 northern pike to be kept per day and it must be at least 32 inches on the following lakes in Waukesha and Walworth counties:
• Lac LaBelle
• Pewaukee Lake
• Eagle Spring Lake, Lulu Lake (Walworth County) and connecting portions of the Mukwonago River
• Remove the regulation sunset and continue to allow only 2 northern pike to be kept per day and they must be at least 26 inches on Marion Millpond in Waupaca County
• Allow 5 northern pike of any size to be kept per day on Alpine Lake in Waushara County and Sharon • Lake in Marquette County
• Add Wiedenbach Park Pond in Washington County to the urban fishing program
• Remove special regulations and use the general statewide or countywide length and bag limits for certain species on 25 waters in 8 counties
SECTIONS 9, 10, 11, and 12 apply new regulations on Wisconsin-Minnesota boundary waters that will make the regulations consistent between the Wisconsin and Minnesota waters of the Mississippi, St. Croix and St. Louis rivers, reducing angler confusion and improving ease of enforcement:
• Establish a uniform open season (from the Saturday nearest Memorial Day to November 30) and require that kept muskellunge be at least 50 inches on the Mississippi, St. Croix and St. Louis rivers and the Nemadji River, Douglas County
• Allow catch and release angling for lake sturgeon in the Mississippi River upstream of Red Wing Dam and the St. Croix River from Prescott to the Dam at the Gordon Flowage from June 16 through March 1; and allow catch and release angling for lake sturgeon on the St. Louis River, Nemadji River in Douglas County, and Mississippi River downstream from Red Wing Dam from June 16 through April 14
• Open a catch and release only season for shovelnose sturgeon from June 16 to March 1 on waters of the Mississippi, St. Croix, and St. Louis rivers upstream of Red Wing Dam, with a closed season March 2 to June 15
SECTIONS 14 and 15 update references to ch. NR 26 within ch. NR 25. SECTION 16 repeals and recreates ch. NR 26, the list of fish refuges throughout the State. This proposal removes or modifies 51 of the 140 existing fish refuges, resulting in 110 inland fish refuges. No changes were made to refuges in Lake Superior. This list is the result of discussions between fish biologists and wardens. No new refuges are added. 6. Summary of, and Comparison with, Existing or Proposed Federal Statutes and Regulations:
Authority to promulgate fishing regulations is granted to states. None of the proposed changes violate or conflict with federal regulations.
7. Comparison with Similar Rules in Adjacent States:
Fisheries management rules are generally similar in the states surrounding Wisconsin. Each bordering state regulates fishing by the use of seasons, bag limits, and size limits. Specific seasons and bag and size limits may differ for species among the surrounding states, but the general principles are similar. Michigan, Minnesota, Iowa, and Illinois all have statewide seasons and bag and size limits for fish species, along with special or experimental regulations on individual waters.
8. Summary of Factual Data and Analytical Methodologies Used and How Any Related Findings Support the Regulatory Approach Chosen:
The general policy behind fishing regulations is to protect and enhance fish populations while providing diverse fishing opportunities throughout the State. That policy will be continued and enhanced by these rule changes.
The accuracy, integrity, objectivity, and consistency of data in all rule change proposals submitted by fish biologists was insured through peer-review of proposals by Fisheries Management supervisors and the Bureau Director, species management teams, and the Bureaus of Law Enforcement and Legal Services. Proposals were discussed with Wisconsin Conservation Congress members and with fisheries biologists employed by the Great Lakes Indian Fish and Wildlife Commission. They were presented at the Spring Fish and Wildlife Public Hearings that occurred in every county of the State on April 13, 2015. Proposals that reduce regulation complexity or eliminate a special regulation in favor of a statewide one were given preference.
Not making the proposed rule changes would result in less than optimal management of fish populations in the waterbodies and reduced fishing opportunities for resident and visiting anglers. However, existing regulations would remain in place to provide some level of continued protection of fish resources.
9. Analysis and Supporting Documents Used to Determine the Effect on Small Business or in Preparation of an Economic Impact Report:
It is not expected that there will be any economic impact or change directly related to these rule changes. The proposed rule will primarily affect sport anglers. Regulations are already in place and this rule is intended to continue protection and enhancement of the State’s fish resources. One result of the rule may be maintenance of the general economic impact of fishing throughout Wisconsin.
The department conducted an economic impact analysis in March 2015 to determine if any individuals, businesses, local governments, or other entities expect to be adversely affected economically by the rule. No comments were submitted to the department. The proposed rule does not impose any reporting requirements on small businesses nor are any design or operational standards contained in the rule.
10. Effect on Small Business (initial regulatory flexibility analysis):
It is not expected that there will be any effect on small business directly related to these rule changes. The proposed rule does not impose any reporting requirements on small businesses nor are any design or operational standards contained in the rule.
11. Agency Contact Person:
Kate Strom Hiorns, Fisheries Policy Specialist
Department of Natural Resources
P.O. Box 7921, 101 S. Webster St., Madison, WI 53707-7921
Phone: 608-266-0828 or 266-5206
Fax: 608-266-2244
12. Place where comments are to be submitted and deadline for submission:
Written comments were submitted at the public hearings, or by regular mail, fax or email to the contact person listed above. No written comments were submitted to the Department using the Wisconsin Administrative Rules website at http://adminrules.wisconsin.gov. Public hearings took place on April 13, 2015, which was also the comment submission deadline. Section 1 NR 19.001 (3m) is created to read:
NR 19.001 (3m) “Asian carp” means bighead carp (Hypophthalmichthys nobilis), black carp (Mylopharyngodon piceus), grass carp (Ctenopharyngodon idella), silver carp (Hypophthalmichthys molitrix), and all other non-native carp species except common carp (Cyprinus carpio), goldfish (Carassius auratus), and koi carp (Cyprinus carpio).
Section 2 NR 19.05(4) is created to read:
NR 19.05 (4) Except as authorized under permits pursuant to ch. NR 40 and 50 CFR 16.22, no person may transport Asian carp over land within or through Wisconsin unless the Asian carp have been eviscerated or the gills plate completely severed so that the fish cannot be revived under any circumstances. Section 3 NR 20.03 (18) is amended to read:
NR 20.03 (18) “Lake Michigan tributaries” means the Pike river and its tributaries, Kenosha and Racine counties; Kewaunee river and its tributaries excluding Little Scarboro, Scarboro, Roger and Casco creeks, Kewaunee county; Milwaukee river upstream to the Grafton dam in the village of Grafton and tributaries to the Milwaukee river upstream to the first dam or lake; Menomonee river upstream to the Lepper dam in the village of Menomonee Falls and tributaries to the Menomonee river upstream to the first dam or lake; Sheboygan river and its tributaries excluding Unnamed tributary (locally known as Willow creek), Sheboygan county; and all other tributaries to Lake Michigan upstream to the first dam or lake.
Section 4 NR 20.03 (31) (a) is amended to read:
NR 20.03 (31) (a) The possession limit for trout from inland waters is 10, of which no more than 5 may be a combined total of brown and rainbow trout.
Section 5 NR 20.16 (1) (a) and (a) 1. are amended to read:
NR 20.16 NR 20.16(1)(1) NR 20.16(1)(a)(a) Open season and waters. Except as specified in sub. (2), there is an open season for trout from 5:00 a.m. on the first Saturday in March January through the Sunday preceding the first Saturday in May Friday preceding the first Saturday in May on the following waters: 1. All streams in Adams, Ashland, Barron, Bayfield, Buffalo, Burnett, Chippewa, Clark, Columbia, Crawford, Dane, Dodge, Douglas, Dunn, Eau Claire, Fond du Lac, Grant, Green, Green Lake, Iowa, Iron, Jackson, Jefferson, Juneau, Kenosha, La Crosse, Lafayette, Milwaukee, Monroe, Ozaukee, Pepin, Pierce, Polk, Price, Racine, Richland, Rock, Rusk, St. Croix, Sauk, Sawyer, Sheboygan, Taylor, Trempealeau, Vernon, Walworth, Washburn, Washington, Waukesha and Wood counties.
Section 6 NR 20.16 (1) (a) 2. is repealed.
Section 7 NR 20.18 (12) (a) is amended to read:
NR 20.18 (12) (a) Inland waters 10 5 in total of which no more than 5 may be a combined total of brown and rainbow trout but only 2 may be lake trout
Section 8 NR 20.20 County and statewide table is repealed and recreated to read:
See attached table NR 20.20
Section 9 NR 21.04 (7) is amended to read:
NR 21.04 (7) LAKE STURGEON
(a) St. Croix river downstream from the dam at St. Croix Falls | First Saturday in September to September 30 | 1 per season | 60 inches |
| October 1 to October 15 June 16 to Friday preceding the first Saturday in September and October 1 to March 1 | 0 (Catch and release only) | −− |
(b) Mississippi river downstream from the Red Wing dam, St. Louis river and St. Croix river upstream from the dam at St. Croix Falls | No open season June 16 to April 14 | 0, Catch and release only | −− |
Section 10 NR 21.04 (7) (c) is created to read:
NR 21.04 (7) LAKE STURGEON
(c) Mississippi river from the Red Wing dam upstream, St. Croix river upstream from the dam at St. Croix Falls (to the dam at Gordon flowage in Douglas county) | June 16 to March 1 | 0, Catch and release only | −− |
Section 11 NR 21.04 (8) (a) and (11) (a) are amended to read:
