EmR1511 Rule Text

Evaluation of creel survey data illustrates that, on average, changing ‘No minimum size’ regulations to ‘No minimum but only one fish may be greater than 14 inches’ regulations would result in up to a 10.7% reduction in the harvest of adult walleye and up to a 10.8% reduction in the total number of walleye harvested from those waters. These regulations are applied to waters with high walleye recruitment and slow growth due to high population density. The harvest of young and small adult fish is encouraged to ‘thin’ the population, allow for increased growth of remaining fish and increase potential for higher proportions of large fish in the population.

Protected slot regulations can be expected to have a far greater impact in controlling or reducing angler exploitation than ‘1-over’ regulations which allow harvest of one fish larger than a given length in an angler’s daily bag limit. Further, the relative impact of protected slot regulations for fish greater than 20 inches would be limited where harvest of small fish predominates, and greatest where numbers and harvest of large fish is more prevalent.

If angler bag limits are standardized to 3 walleye/day in the Ceded Territory and regulations were modified to add a ‘1 over 14 inch’ component to existing ‘no minimum harvest size’ regulations and a 20 to 24-inch protected slot limit added to existing 15-inch minimum size regulations, the department expects that angler harvest would increase in approximately 33% of Ceded Territory mixed fishery waters, and remain similar or be slightly reduced in approximately 67% of Ceded Territory mixed fishery waters.

Lakes where increased harvest would be expected are those that currently have ‘No minimum size but only one fish >14 inches’ regulation or a ‘14 to 18-inch protected slot limit’ regulation. As previously noted, these regulations are applied to waters with high recruitment and slow walleye growth due to high fish density. The harvest of young fish is encouraged to “thin” the population, allow for increased growth of remaining fish and increase the potential for more large fish in the population. In these cases, some level of additional harvest may improve size structure and quality of the fishery.

The proposed rule is sufficient to control overall angler exploitation of walleye at a sustainable rate that is well within the bounds established by Federal Court rulings, and will not increase angler harvest in the majority of Ceded Territory lakes except as noted above. The rule will potentially allow for development of improved size structure within walleye spawning populations in many fisheries. The rule does not regulate tribal harvest. It is crafted to minimize the risk that total walleye harvest will not exceed 35% of the adult walleye population.

The department ensures the accuracy, integrity, objectivity and consistency of data used in preparing the proposed rule.

9. Analysis and Supporting Documents Used to Determine the Effect on Small Business or in Preparation of an Economic Impact Report: The rule change would impact sport anglers. Changes in angling regulations enacted to accommodate declared, expected, or realized tribal harvest could potentially alleviate or minimize regional social and economic disruption sometimes associated with reductions in walleye bag limits on off-reservation waters within the Ceded Territory. Exact economic impact of the rule is unknown, but more predictable, stable angling regulations may have a positive indirect impact on fishing-related businesses.

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 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:

Steve Hewett, Fisheries Management Section Chief

Department of Natural Resources

P.O. Box 7921

Madison, WI 53707-7921

Phone: [phone]

Fax: [phone]

[e-mail]

12. Place where comments are to be submitted and deadline for submission:

Written comments may be submitted at the public hearings, by regular mail, fax or email to the contact listed above. Written comments may also be submitted to the Department using the Wisconsin Administrative Rules Internet website at http://adminrules.wisconsin.gov. Hearing dates and the comment submission deadline are to be determined.

Section 1   NR 20.20 (2) (g) is amended to read:

NR 20.20 (2) ASHLAND (for species or waters not listed, including Lake Superior, see sub. (73))

(g) Walleye, sauger and hybrids

1. Spider lake, Moquah lake Spider−Moquah chain of lakes

a. Hook and line

First Saturday in May to the first Sunday in March

3 in total

18

3. Gordon lake, Lake Galilee, Zielke lake, North Fork Flambeau river and its tributaries upstream to the first dam or lake, Mineral lake, Spillerburg lake

a. Hook and line

First Saturday in May to the first Sunday in March

5 in total but only 1 may be longer than 14” 3 in total

None but only 1 may be longer than 14

4. All tributaries and connected sloughs to Lake Superior

a. Hook and line

First Saturday in May to the first Sunday in March

5 in total but only 1 may be longer than 20”

15 but only 1 may be longer than 20

5. Spillerburg lake

a. Hook and line

First Saturday in May to the first Sunday in March

5 in total

None

Section 2   NR 20.20 (3) (f) 2. is repealed.

Section 3   NR 20.20 (4) (i), (9) (g), (16) (h), (18) (h) 2., (19) (e), (21) (h), (26) (g), (34) (e), (35) (g), and (37) (i) are amended to read:

NR 20.20 (4) BAYFIELD (for species or waters not listed, including Lake Superior, see sub. (73))

(i) Walleye, sauger and hybrids

1. Bony lake, Jackson lake, Middle Eau Claire lake, Namekagon lake, Pike Lake chain (includes Buskey Bay lake, Millicent lake, Hart lake, Twin Bear lake, Eagle lake, Flynn lake and McCarry lake combined)

a. Hook and line

First Saturday in May to the first Sunday in March

5 in total but only 1 may be longer than 14” 3 in total

None except the possession of fish from 14 to 18 is prohibited and only 1 fish may be longer than 18

2. All tributaries to Lake Superior and their connected sloughs

a. Hook and line

First Saturday in May to the first Sunday in March

5 in total but only 1 may be longer than 20”

15 but only 1 may be longer than 20

3. Diamond lake

a. Hook and line

First Saturday in May to the first Sunday in March

3 in total but only 1 may be longer than 28”

15, except the possession of fish from 20” to 28” is prohibited

4. Lake Owen, Lower Eau Claire lake, Upper Eau Claire lake

a. Hook and line

First Saturday in May to the first Sunday in March

3 in total

18

  NR 20.20 (9) (g) CHIPPEWA (for species or waters not listed see sub. (73))

(g) Walleye, sauger and hybrids

1. Chippewa river and its impoundments and tributaries upstream to the first dam or lake including Yellow river upstream to the Suetlik dam at Cadott and its tributaries upstream to the first dam or lake, Long lake (T32N R8W) including Herde lake, Dark lake (T32N R8W), Jump river and its tributaries upstream to the first dam or lake

a. Hook and line

First Saturday in May to the first Sunday in March

5, but only 1 may be longer than 18 inches 3 in total

No minimum length, except the possession of fish from 14” through 18” is prohibited None except the possession of fish from 14 to 18 is prohibited and only 1 fish may be longer than 18

2. Long lake (T32N R8W) including Herde lake and Dark lake, Sand lake

a. Hook and line

First Saturday in May to the first Sunday in March

3 in total

18

  NR 20.20 (16) (h) DOUGLAS (for species or waters not listed, including Lake Superior, see sub. (73)). Note: Allouez bay, Little Pokegama bay, Kimballs bay and Pokegama bay are considered part of the St. Louis river, a Wisconsin−Minnesota boundary water. See ch. NR 21. The Nemadji river is an inland water that is contiguous with these Wisconsin−Minnesota boundary waters but is regulated under this subsection.

(h) Walleye, sauger and hybrids

1. Nemadji river

a. Hook and line

Saturday 2 weeks prior to the Saturday nearest Memorial day to March 1

2 in total

15

2. Tributaries to Lake Superior and their connected sloughs upstream to the first dam or lake

a. Hook and line

First Saturday in May to the first Sunday in March

5 in total but only 1 may be longer than 20”

15, but only 1 may be longer than 20

3. Beauregard lake, Minong flowage including Cranberry lake and upstream to the confluence of Totagatic river and Bergen creek in Washburn county

a. Hook and line

First Saturday in May to the first Sunday in March

5 3 in total

None, but only 1 may be longer than 14

4. Amnicon lake, Lake Nebagamon, Lower Eau Claire lake, Red Lake

a. Hook and line

First Saturday in May to the first Sunday in March

3 in total

18

  NR 20.20 (18) EAU CLAIRE (for species or waters not listed see sub. (73))

(h) Walleye, sauger and hybrids

2. Chippewa river upstream from Dells Pond dam including sloughs, bayous, flowages and tributaries upstream to the first dam or lake

a. Hook and line

First Saturday in May to the first Sunday in March

5 in total, but only 1 may be longer than 18 inches 3 in total

No minimum length, except the possession of fish from 14” through 18” is prohibited None except the possession of fish from 14 to 18 is prohibited and only 1 fish may be longer than 18

  NR 20.20 (19) FLORENCE (for species or waters not listed, see sub. (73))

(e) Walleye, sauger and hybrids

1. Keyes lake, Sea Lion lake

a. Hook and line

First Saturday in May to the first Sunday in March

3 in total

18

  NR 20.20 (21) FOREST (for species or waters not listed, see sub. (73))

(h) Walleye, sauger and hybrids

1. Crane lake, Franklin lake, Hilbert lake, Jungle lake, Lucerne lake, Metonga lake, and Pickerel lakes lake

a. Hook and line

First Saturday in May to the first Sunday in March

3 in total

18

2. Butternut and Franklin lakes

a. Hook and line

First Saturday in May to the first Sunday in March

5 in total but only 1 may be longer than 18”

None except the possession of fish from 14” through 18” is prohibited

  NR 20.20 (26) IRON (for species or waters not listed, including Lake Superior, see sub. (73))

(g) Walleye, sauger and hybrids

1. Grand Portage lake, Mercer lake

a. Hook and line

First Saturday in May to the first Sunday in March

3 in total

18

3. Catherine lake, Cedar lake, Echo lake, Gile flowage, Island lake, Little Oxbow lake, Oxbow lake, Pine lake, Randall lake, Sherman lake, Spider lake, North Fork Flambeau river and its tributaries, West Branch Montreal river, Turtle river upstream from Echo lake

a. Hook and line

First Saturday in May to the first Sunday in March

5 3 in total

None, but only 1 may be longer than 14

4. Tributaries to Lake Superior and their connected sloughs

a. Hook and line

First Saturday in May to the first Sunday in March

5 in total

15, but only 1 fish may be longer than 20

5. Wilson lake Bear river, Flambeau river upstream of Turtle-Flambeau flowage, Little Turtle river, Manitowish river (including Benson lake, Sturgeon lake, and Vance lake), Trude lake, Turtle-Flambeau flowage

a. Hook and line

First Saturday in May to the first Sunday in March

5 3 in total

None

6. Sherman lake

a. Hook and line

Continuous

None

None

  NR 20.20 (34) LANGLADE (for species or waters not listed see sub. (73))

(e) Walleye, sauger and hybrids

1. Jessie lake, Pickerel lake, Rolling Stone lake, Rose lake, Sawyer lake

a. Hook and line

First Saturday in May to the first Sunday in March

3 in total

18

2. Jesse lake, Rose lake, Sawyer lake

a. Hook and line

First Saturday in May to the first Sunday in March

5 in total but only 1 may be longer than 14”

None

3. Enterprise lake

a. Hook and line

First Saturday in May to the first Sunday in March

3 in total but only 1 may be longer than 18”

None but the possession of fish from 14 through 18 inches is prohibited

  NR 20.20 (35) LINCOLN (for species or waters not listed see sub. (73))

(g) Walleye, sauger and hybrids

1. Wisconsin river upstream from Grandfather dam to Kings dam including sloughs, bayous and flowages upstream to the first dam or highway bridge, except the boundary of the Wisconsin and Somo rivers is the Tomahawk Railway Railroad bridge on the west side of lake Mohawksin, the boundary of the Wisconsin and Tomahawk rivers is the Canadian National Railroad bridge nearest Baymill road, and the boundary of the Wisconsin and Spirit rivers is the confluence of the Spirit river with the Wisconsin river located one mile south of the Spirit river dam

a. Hook and line

Continuous

5 3 in total

15 except the possession of fish from 20 to 24 is prohibited and only 1 fish may be longer than 24

1g. Wisconsin river upstream from Kings dam including sloughs, bayous, and flowages upstream to the first dam or highway bridge

a. Hook and line

First Saturday in May to the First Sunday in March

5 3 in total

15 except the possession of fish from 20 to 24 is prohibited and only 1 fish may be longer than 24

1m. Wisconsin river downstream from Grandfather dam including sloughs, bayous and flowages upstream to the first dam or highway bridge

a. Hook and line

Continuous

5 3 in total

15 except the possession of fish from 20 to 28 is prohibited and only 1 fish may be longer than 28

2. Pesobic lake

a. Hook and line

First Saturday in May to the First Sunday in March

5 in total but only 1 fish may be longer than 14

None

2. Rice River Flowage chain (Bridge lake, Deer lake, Nokomis lake, and Rice lake combined)

a. Hook and line

First Saturday in May to the first Sunday in March

3 in total

15 except the possession of fish from 20 to 24 is prohibited and only 1 fish may be longer than 24

  NR 20.20 (37) MARATHON (for species or waters not listed see sub. (73))

(i) Walleye, sauger and hybrids

1. Wisconsin river downstream of the Wausau dam (in Wausau) including sloughs, bayous and flowages upstream to the first dam or highway bridge except the eastern boundary of the Wisconsin River and Peplin and Johnson Creeks and the Little Eau Claire River, at Lake DuBay, is the south−bound lane of Interstate 39, Eau Claire river downstream from the Schofield dam and the eastern boundary of the Wisconsin river and the Eau Claire river is the Schofield dam

a. Hook and line

Continuous

5 in total

15 minimum, but except the possession of fish from 20 to 28 is prohibited and only 1 fish may be longer than 28

2. Wisconsin river upstream of the Wausau dam (in Wausau) including sloughs, bayous and flowages upstream to the first dam or highway bridge

a. Hook and line

Continuous

3 in total

15 except the possession of fish from 20 to 28 is prohibited and only 1 fish may be longer than 28

3. Big Eau Pleine reservoir (upstream from Dam road)

a. Hook and line

First Saturday in May to the first Sunday in March

3 in total

15 except the possession of fish from 20 to 24 is prohibited and only 1 fish may be longer than 24

2.4. Big Rib river downstream from highway 29, Johnson creek, Little Eau Claire river, Little Eau Pleine river, Peplin creek

a. Hook and line

First Saturday in May to the first Sunday in March

5 in total

15 minimum, but except the possession of fish from 20 to 28 is prohibited and only 1 fish may be longer than 28

Section 4   NR 20.20 (38) (f) and (43) (f) are created to read:

NR 20.20 (38) MARINETTE (for species or waters not listed, including Green Bay and its tributaries, see sub. (73))

(f) Walleye, sauger and hybrids

1. Big Newton lake, Eagle lake, Hilbert lake, Little Newton lake, Oneonta lake, Thunder lake

a. Hook and line

First Saturday in May to the first Sunday in March

3 in total

18

  NR 20.20 (43) OCONTO (for species or waters not listed, including Green Bay and its tributaries, see sub. (73))

(f) Walleye, sauger and hybrids

1. Archibald lake, Bass lake, Bear lake, Boot lake, Chain lake, Crooked lake, Horn lake, John lake, Maiden lake, Munger lake, Reservoir pond, Surprise lake, Townsend flowage, Waubee lake, Wheeler lake

a. Hook and line

First Saturday in May to the first Sunday in March

3 in total

18

Section 5   NR 20.20 (44) (b) 4., (44) (g), (49) (f), (51) (g), (55) (e), (57) (i), (61) (d), (64) (h), and (66) (g) are amended to read:

  NR 20.20 (44) ONEIDA (for species or waters not listed see sub. (73))

(b) Largemouth and smallmouth bass

4. Minocqua chain (includes Jerome, Kawaguesaga, Little Tomahawk, Mid, Minocqua, and Mud, and Tomahawk lakes, Minocqua Thoroughfare, Tomahawk Thoroughfare, and connecting waters), Tomahawk chain (includes Little Tomahawk lake and Tomahawk lake)

a. Hook and line

First Saturday in May to Friday preceding the third Saturday in June

0 for smallmouth bass, 5 for largemouth bass

None for largemouth bass only

Third Saturday in June to the first Sunday in March

5 in total

None

NR 20.20 (44) ONEIDA (for species or waters not listed see sub. (73))

(g) Walleye, sauger and hybrids

1. Three lakes chain (includes Big, Big Fork, Big Stone, Crystal, Deer, Dog, Fourmile, Island, Laurel, Little Fork, Long, Medicine, Moccasin, Planting Ground, Rangeline, Round, Spirit, Townline, Virgin and Whitefish lakes, all connecting waters and Eagle river downstream to Vilas county line the Long Lake (Burnt Rollways) dam), Alva, Bearskin lake, Buckskin lake, Buffalo, Crescent lake, Diamond, George lake, Hasbrook lake, Katherine lake, Lost (T38N R9E S24), Mercer lake, Moen chain including Moen, Second, Third, Fourth, Fifth lakes and connecting waters, Muskellunge, Oneida lake, Pine (T37N R9E S4), Soo, Squash and Squirrel lakes and Sugar Camp chain including Dam, Sand, Echo, Chain and Stone (T39N R9E S32) lakes and connecting waters Squirrel lake

a. Hook and line

First Saturday in May to the first Sunday in March

5 in total but only 1 may be longer than 14” 3 in total

None except only 1 fish may be longer than 14

2. Maple lake, Minocqua chain (includes Kawaguesaga, Little Tomahawk, Mid, Minocqua Mud, and Tomahawk lakes and connecting waters), North Nokomis lake, Sevenmile lake, Shishebogama lake, Squash lake, Stella lake, Thunder lake, Two Sisters lake

a. Hook and line

First Saturday in May to the first Sunday in March

3 in total

18

3. Shishebogama lake

a. Hook and line

First Saturday in May to the first Sunday in March

3 in total unless otherwise posted at public boat landings pursuant to s. NR 20.37

18 unless otherwise posted at public boat landings pursuant to s. NR 20.37

4. Minocqua chain (includes Jerome, Kawaguesaga, Mid, Minocqua, and Mud lakes, Minocqua Thoroughfare, Tomahawk Thoroughfare, and connecting waters), Tomahawk chain (includes Little Tomahawk lake and Tomahawk lake)

a. Hook and line

First Saturday in May to the first Sunday in March

0, catch and release only

—

5. Diamond lake

a. Hook and line

First Saturday in May to the first Sunday in March

3 in total

None except the possession of fish from 14 to 18 is prohibited and only 1 fish may be longer than 18

6. Rice River Flowage chain (Bridge lake, Deer lake, Nokomis lake, and Rice lake combined)

a. Hook and line

First Saturday in May to the first Sunday in March

3 in total

15 except the possession of fish from 20 to 24 is prohibited and only 1 fish may be longer than 24

  NR 20.20 (49) POLK (for species or waters not listed see sub. (73))

(f) Walleye, sauger and hybrids

1. Cedar lake

a. Hook and line

First Saturday in May to the first Sunday in March

3 in total but only 1 may be larger than 18

None except the possession of fish from14 to 18 is prohibited and only 1 fish may be longer than 18

2. Balsam lake, Big Round lake, Big Butternut lake, Half Moon lake, Pipe and North Pipe lakes combined, Ward lake

a. Hook and line

First Saturday in May to the first Sunday in March

3 in total

18

  NR 20.20 (51) PRICE (for species or waters not listed see sub. (73))

(g) Walleye, sauger and hybrids

1. North Spirit lake, Spirit lake, Thompson lake, Whitcomb lake, Jump river and its tributaries upstream to the first dam or lake

a. Hook and line

First Saturday in May to the first Sunday in March

5 in total but only 1 may be longer than 18” 3 in total

None but except the possession of fish from 14 to 18 inches is prohibited and only 1 fish may be longer than 18

2. North Fork Flambeau river and South Fork Flambeau river including their impoundments and tributaries upstream to the first dam or lake, Elk river from Musser flowage dam downstream to its confluence with South Fork Flambeau river including the Phillips chain of lakes (Duroy, Elk, Long, and Wilson lakes combined), Butternut lake, Grassy lake, Lac Sault Dore, Pike chain of lakes (Amik, Pike, Round, and Turner lakes combined), Solberg lake (including its tributaries upstream to the first dam or highway bridge and all of Squaw Creek)

a. Hook and line

First Saturday in May to the first Sunday in March

5 in total but only 1 may be longer than 14” 3 in total

None but only 1 fish may be longer than 14

  NR 20.20 (55) RUSK (for species or waters not listed see sub. (73))