ORDER OF THE STATE OF WISCONSIN NATURAL RESOURCES BOARD
REPEALING, AMENDING, AND CREATING RULES
The Wisconsin Natural Resources Board proposes an order to repeal NR 20.38 (1) (g), (h), (j), and (L), (3) (b), and (5); to amend NR 20.03 (15) and (21), 20.10 (7), 20.19 (1) (table), 20.20 (4) (h) 1r., (38) (d) 4., (44) (c) 2., (d) 2., and (g) 1., (60) (a) 2., (64) (d) 2., (f) 2., (g) 2., and (73) (f) 4., 20.38 (1) (a), (d) and (e), 20.40 (10) (c) 1., 20.60 (1) (b), and 26.01 (15) (d) and (55) (b); and to create NR 20.10 (7) (note), 20.20 (25) (b) 2., (50) (f) 4m., and NR 26.01 (68) (am) relating to minor changes to fishing regulations on inland, outlying and boundary waters (the 2023 Fisheries Management housekeeping rule) |
FH-14-22
Analysis Prepared by the Department of Natural Resources
1. Statute Interpreted: Sections 23.09 (2) (c), 29.014, 29.041, 29.053 (2), and 29.424, Stats., have been interpreted as authorizing the department to conserve and regulate the fish supply on waters of the state while continuing to provide opportunities for good fishing. 2. Statutory Authority: Sections 23.09 (2) (c), 29.014, 29.041, 29.053 (2), and 29.424, Stats., authorize this rule. 3. Explanation of Agency Authority: Section 23.09 (2) (c), Stats., provides that the department may designate fish refuges to secure the perpetuation and adequate supply of any species of fish and provide safe retreats in which fish may breed and replenish adjacent fishing waters. Section 29.014, Stats., “rule-making for this chapter,” grants the department the authority to establish and maintain open and closed seasons, bag limits, size limits and other conditions that will conserve fish populations and provide good fishing opportunities for the citizens of the state. Section 29.041, Stats., provides that the department may regulate fishing on and in all interstate boundary waters and outlying waters. Section 29.053 (2), Stats., provides that the department may establish conditions governing the taking of fish for the state as a whole, for counties or parts of counties, or for waterbodies or parts of waterbodies. It also allows the department to establish a fishing season on specified bodies of water in certain urban areas to allow fishing only by persons who are under 16 years old or who are disabled, as specified in s. 29.193 (3) (a), (b), or (c), Stats. Section 29.424, Stats., authorizes the department to designate species of fish as detrimental in waters of the state where it is found to be detrimental, and may remove these fish or cause them to be removed. 4. Related Statutes or Rules: No related statutes or rules apply.
5. Plain Language Analysis: This rule is minor in nature and mainly clarifies regulations, codifies existing department policies to ensure consistency in implementation, corrects outdated language and drafting errors, removes obsolete provisions, updates cross-references and points of reference, and addresses inconsistencies in administrative code language. Some of these changes also make administrative code consistent with regulation changes that were implemented using the process outlined in s. NR 20.35, Wis. Admin. Code, which allows the department to remove a special regulation or implement a predefined alternate regulation through a public notice period and public meeting, if requested. Specifically, these rules will amend recreational fishing regulations found in chs. NR 20 and 26, Wis. Admin. Code. SECTION 1 specifies a geographical point of reference for the mouth of the Fox River. It is not currently clear to the public where the boundary is between the river and Green Bay in terms of which fishing regulations apply.
SECTION 2 adds geographical coordinates for the Duck Creek Green Bay tributary boundary.
SECTION 3 refines the description of a sturgeon spear’s spearhead width to clarify that the legal width is measured between the outside edges of the outermost tines, excluding barbs. The current description is ambiguous and has been interpreted differently than originally intended, since barbs on the ends of tines can often extend past the legal spearhead width between the tines.
SECTION 4 creates a note explaining that sturgeon spearhead barbs are considered separate from the tine and may extend past the legal spearhead width, which is based on the measurement between the main tines of the spearhead.
SECTION 5 rewords the possession limit for rock bass, white bass, yellow bass, white perch, bullheads, and rough fish species to be clearer that there is no possession limit for these species rather than potentially reading as no fish of those species may be taken into possession. This section also corrects an error in the trout and salmon possession limit. The possession limit for lake trout is twice the total daily bag limit of 2, and the possession limit for trout and salmon taken from the inland waters is separate from the possession limit taken from the outlying waters.
SECTION 6 corrects a typographical error in the trout and salmon daily bag limit for the Bark River and its tributaries in Bayfield County, which erroneously reads 55 in total but should only be 5 in total.
SECTION 7 codifies an alternate size limit (no minimum length limit) for bass on two Iowa County lakes, which was implemented in 2009 and 2013 in accordance with the procedures in s. NR 20.35 (2) and (3) (a). SECTION 8 clarifies that the recent regulation change for trout in the South Branch Pike River applies up to the Brock Pond dam and does not include the pond itself.
SECTION 9 updates the name of a lake occurring in Oneida and Vilas counties, which was renamed Amber Lake as part of an effort by the Wisconsin Geographic Names Council to remove derogatory geographic names.
SECTION 10 establishes that Springville Pond, an impoundment of the Little Plover River, is a lake for the purpose of trout fishing open season rather than a trout stream or spring pond (despite the name, this water is not a spring pond). This 14-acre lake has historically been open to game fish fishing until the first Sunday in March, consistent with the standard trout season structure for lakes, but this status as a lake is not currently clear in administrative code.
SECTION 11 updates the name of a lake occurring in St. Croix County, which was renamed Apple Lake as part of an effort by the Wisconsin Geographic Names Council to remove derogatory geographic names.
SECTION 12 updates the name of a lake occurring in Oneida and Vilas counties, which was renamed as part of an effort by the Wisconsin Geographic Names Council to remove derogatory geographic names, and applies the same muskellunge and panfish regulations to the lake in Vilas County as apply in Oneida County since this lake straddles the border between the two counties. This section also restores missing text indicating that Sherman Lake lies on the Oneida/Vilas County border.
SECTION 13 restores language relating to the standard southern bass zone season structure for bass in Green Bay tributary streams (first Saturday in May to the first Sunday in March for harvest of largemouth and smallmouth bass), which was inadvertently omitted from administrative code around 1999. This change would match the tributary stream bass regulations with the Green Bay bass regulations, which has been the understanding of both department staff and anglers. This code change would place Green Bay tributary streams into the “all other waters” standard regulation category in s. NR 20.20 (73) (f) 5., which is consistent with longstanding interpretation of the regulation for these waters. SECTION 14 removes bullheads as detrimental in Langlade and Lincoln counties, since bullheads are a native species and their status as detrimental is no longer needed in these counties. This section also adds several lakes in Florence and Forest Counties to the list of waters where bullheads are considered detrimental. This designation of bullheads as detrimental in these waters of Florence and Forest counties will allow the department to partner with local organizations to remove bullheads as part of management efforts for other species, notably walleyes, in a more efficient manner.
SECTION 15 removes bullheads, catfish and white bass from the detrimental species list for Green Bay and Lake Michigan. The detrimental designation for these native species is no longer needed in these waters.
SECTION 16 revises the provision relating to opening weekend fishing tournaments. Since the definition of opening weekend was revised in a previous rule to encompass the first weekend in May, the language relating to fishing seasons for a particular species no longer applies.
SECTION 17 removes the requirement for charter captains to report the number of lines fished during chartered fishing trips. This information is not needed for department management of the Great Lakes fisheries at this time.
SECTION 18 corrects part of the legal descriptions for the Sturgeon Bay ship canal fish refuge and the Thornapple River fish refuge.
SECTION 19 restores a longstanding fish refuge on the Bark River in Waukesha County to administrative code that was inadvertently omitted from administrative code during a rewrite of ch. NR 26. 6. Summary of, and Comparison with, Existing or Proposed Federal Statutes and Regulations:
No federal regulations apply. States possess inherent authority to manage the fishery and wildlife resources within their boundaries, except insofar as preempted by federal treaties and laws, including regulations established in the Federal Register.
7. If Held, Summary of Comments Received During Preliminary Comment Period
and at Public Hearing on the Statement of Scope:
The department was not directed to hold a preliminary public hearing on this rule.
8. 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 the same. 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.
9. Summary of Factual Data and Analytical Methodologies Used and How Any Related Findings Support the Regulatory Approach Chosen:
Fishing regulations, such as length and bag limits or season dates, are used as a tool to ensure that good fishing exists into the future. The department has used different types of fishing regulations in order to: control angler impacts on fish populations; maintain numbers and sizes of fish in a lake or stream; provide different types of fishing experiences, such as fishing for dinner or for a trophy fish; and make access to fishing as fair as possible.
This rule includes minor changes to administrative code that support existing policies and fisheries management goals. The items in this rule have been compiled by fisheries staff across the state as well as department law enforcement professionals.
10. Analysis and Supporting Documents Used to Determine the Effect on Small Business or in Preparation of an Economic Impact Report:
The proposed rule will have minimal impact on sport anglers and is not expected to have an economic impact. As with any change in regulations, there will be a requirement for anglers to learn the new rules. However, a majority of this rule change clarifies code to reflect existing policies for which anglers must already comply. The department works to notify the public of new regulations via press releases, the internet, and fishing regulations pamphlets.
