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.
The department will conduct an economic impact analysis and comment period to determine if any individuals, businesses, local governments, or other entities will be affected economically.
11. Effect on Small Business (initial regulatory flexibility analysis):
The department expects no economic impact directly related to these rule changes. The proposed rule does not impose any compliance or reporting requirements on small businesses nor are any design or operational standards contained in the rule.
13. Place where comments are to be submitted and deadline for submission:
A comment period was held from October 30, 2023 to November 21, 2023 with a public hearing on November 21, 2023.
RULE TEXT
Section 1 NR 20.03 (15) is amended to read:
NR 20.03 (15) “Green Bay” means those waters of Lake Michigan located to the west of the Green Bay−Lake Michigan line. For the purposes of s. NR 20.20, Green Bay shall mean Green Bay, Sturgeon Bay, Sawyer’s Harbor, the Sturgeon Bay ship canal from Sturgeon Bay to a line located in the NE¼ of the NW¼, section 22, T27N, R26E, Door county, commencing at a point on the southwest shore of the Sturgeon Bay ship canal directly beneath the center of the Wisconsin public service company power line and extending in a northeasterly direction beneath and parallel to the center of the power line to a point on the northeast shore of the ship canal and the Fox river from its mouth at the east shore of the Fox river where the metal walkway extends out from shore at 44° 32' 18.5274"N, 88° 0' 11.628"W and the west shore of the Fox river at 44°32.363‵N, 88°00.395‵W, up to the dam at DePere. For purposes of this chapter, “Green Bay” does not include that portion of Green Bay bounded by the mouth of the Menominee river on the west, the “government pier” or breakwall on the south, the “lighthouse pier” or breakwall on the north, and a line connecting the eastern−most points of those breakwalls on the east. Section 2 NR 20.03 (21) is amended to read:
NR 20.03 (21) “Major Green Bay tributaries” means Duck creek upstream to the first dam above the Pamperin park foot bridge in the village of Howard, located at coordinates 44° 32' 27.8514"N, 88° 6' 39.1674"W on the Oneida Golf and Riding Club property, city of Green Bay, excluding its tributaries, Suamico river upstream to CTH HS, East river upstream to Hoffman road (CTH XX) excluding its tributaries, Brown county; Peshtigo river upstream to the Peshtigo dam, Little river upstream to Radar road, Marinette county; Little Suamico river upstream to CTH J excluding tributaries, Pensaukee river upstream to CTH J excluding tributaries, Oconto river upstream to Stiles dam excluding tributaries except Little river, Little river upstream to state highway 141 excluding tributaries, Oconto county.
Section 3 NR 20.10 (7) is amended to read:
NR 20.10 (7) Fish for lake sturgeon with a spear having a spearhead width greater than 18 inches as measured between the outside edges of the tines from the outside edge of one outermost tine to the outside edge of the other outermost tine, excluding barbs, or with tines arranged in any formation other than a single straight line, or both, or possess such a spear during the open season for lake sturgeon.
Section 4 NR 20.10 (7) (note) is created to read:
NR 20.10 (7) Note: Barbs are not considered to be part of the tine and may extend beyond 18 inches.
Section 5 NR 20.19 (1) (table) is amended to read:
NR 20.19 (1)
Cisco (lake herring), whitefish, and their hybrids | 20 in total |
Largemouth and smallmouth bass | 10 in total |
Minnows | As specified in s. NR 20.14 |
Rock bass, white bass, yellow bass, white perch, bullheads, and rough fish | NoneNo limit |
Ruffe and gobies | 1 of each which has been killed and possessed only for immediate delivery to a department service center or regional office |
Shovelnose sturgeon | 6 in total |
Trout and salmon | 10 in total from inland waters except that only 4 may be lake trout, and 10 in total from outlying waters except that only 4 may be lake trout |
Walleye, sauger, and their hybrids | 10 in total |
Section 6 NR 20.20 (4) (h) 1r. is amended to read:
