EmR1609 Rule Text

Under this emergency rule, all lakes, rivers, and streams in the Ceded Territory would have a daily bag limit of 3 walleye (walleye, sauger, or hybrids) with varying size limits. The 3-fish daily bag limit and size limits would be applied to prevent a total harvest (tribal and non-tribal) of more than 35% of the adult walleye population in those waters, which preserves a sustainable walleye fishery.

Walleye in most waters in the Ceded Territory would have a minimum size limit of 15 inches, except walleye between 20 and 24 inches may not be kept and only 1 walleye larger than 24 inches may be kept. Unless a different regulation was requested by the local fisheries biologist to ensure better management of the walleye population in a specific water, lakes would have size limits based on the following table:

If the current regulation is: →

Then it will become this under the rule:

15" minimum size, 5 fish daily bag limit (general statewide walleye regulations)

15" minimum size, 20-24” protected slot, and 1fish may be >24", 3 fish daily bag limit

No minimum size, 5 fish daily bag limit

No minimum size, but only 1fish may be >14", 3 fish daily bag limit

No minimum size, but only 1fish may be >14", 3 or 5 fish daily bag limit

No minimum size, but only 1fish may be >14", 3 fish daily bag limit

No minimum size, 14-18” protected slot, and 1 fish may be >18", 3 or 5 fish daily bag limit

No minimum size, 14-18” protected slot, and 1 fish may be >18", 3 fish daily bag limit

18" minimum size, 3 fish daily bag limit

18" minimum size, 3 fish daily bag limit

28" minimum size, 1 fish daily bag limit

28" minimum size, 1 fish daily bag limit

SECTIONS 1 through 4 make the changes noted above in the 30 counties that are completely or partially within the Ceded Territory. SECTION 6 changes the walleye bag limits to 3 fish per day on Wisconsin-Michigan boundary waters within the Ceded Territory, but retains the 15-inch minimum size limit to match the Michigan size limit. No changes are made to Wisconsin-Minnesota boundary waters. The regulation changes follow the Ceded Territory boundary line, not county boundary lines.

In addition, SECTION 3 creates a catch-and-release only walleye fishery in the Minocqua and Tomahawk chains of lakes in Oneida County. Out of mutual concern for the walleye population in these mixed-fishery chains of Ceded Territory lakes, representatives of the Lac Du Flambeau Chippewa Tribe, the Headwaters Basin Chapter of Walleyes for Tomorrow, the Department, and the Great Lakes Indian Fish and Wildlife Commission have collaboratively developed a plan for a cooperative rehabilitation project. It seeks to restore healthy, self-sustaining walleye populations with a density of at least three adult fish per acre in Minocqua and Kawaguesaga lakes, and to improve the age diversity and abundance of walleye in Tomahawk Lake. All parties mentioned have agreed to not harvest walleye in the Minocqua chain of lakes for a period of five years - until March 31, 2020 - at which point limited harvest would be permitted.

SECTIONS 5 and 7 update the language that specifies how modifications in daily bag limits or size limits may be made in response to Chippewa harvest levels in the Ceded Territory, including Wisconsin-Michigan boundary waters.

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.

In Minnesota, several Bands of Lake Superior Chippewa have harvested walleye and northern pike from Mille Lacs since 2000. Annual allowable total catch quotas are calculated for the lake and apportioned between tribal members and anglers. The State of Minnesota adjusts the size of fish allowed for angler harvest annually (a “harvest slot” limit), based on walleye population size and the age composition of that population.

Off-reservation spear harvest also occurs in Michigan, and the state of Michigan and the Great Lakes Indian Fish and Wildlife Commission use the same model for calculating Safe Harvest that is used in Wisconsin. Michigan has no specific response to tribal harvest in the regulations for state anglers but may consider such adjustments in the future.

8. Summary of Factual Data and Analytical Methodologies Used and How Any Related Findings Support the Regulatory Approach Chosen:

The department currently regulates anglers’ harvest of walleye through a combination of daily bag limits, harvest-length restrictions, and season closures. The current statewide base regulation for walleye management is a 15-inch minimum size restriction in conjunction with a 5-fish daily bag limit, but numerous other regulatory combinations are used to manage angling harvest depending upon lake- or river-specific situations.

In the Ceded Territory, a “sliding bag limit system” - where daily bag limits are adjusted during the fishing season to prevent a total harvest of more than 35% of the adult walleye population - had been used since 1991 and has shown to be effective in managing walleye exploitation among all anglers. However, concerns about the system have been expressed by many anglers and business interests in northern Wisconsin, including the annual uncertainty resulting from sliding bag limits that occur between March and May, and the resulting bag limits of 1 or 2 walleye per day. Comments received by the department state that these regulations discourage anglers from fishing on affected lakes to the economic detriment of associated businesses. Public input from both anglers and business interests suggests that a stable daily bag limit of 3 walleye is a preferable tool for walleye harvest management, even if it means more restrictive size limits would be needed to achieve the same level of angling harvest reduction.

The department investigated the potential impact of various harvest size restrictions in conjunction with a 3-walleye daily bag limit using creel survey data collected from anglers. Creel survey data allows for determination of the proportion of walleye that would be excluded from harvest if a more restrictive harvest regulation were put in place.

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. 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 have minimal impact sport anglers. Similar regulations, including the 3-walleye daily bag limit, are already in place through an emergency rule that expires on January 26, 2016. 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. The department conducted an economic impact analysis on a permanent rule that takes effect April 1, 2016, to determine if any small businesses will be affected by the rule. No comments were received during the open economic impact comment period from May 18 to June 1, 2015.

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 public hearings or by regular mail, fax or email to the contact listed above. A public hearing will be held within 45 days of rule promulgation.

Section 1   NR 20.20 (2) (g), (3) (f), (4) (i), (7) (h), (9) (g), (16) (h), (18) (h), (19) (e), (21) (h), (26) (g), (34) (e), (35) (g), and (37) (i) are repealed and recreated 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−Moquah chain (Spider lake and Moquah lake combined)

a. Hook and line

First Saturday in May to the first Sunday in March

3 in total

18

2. Butternut lake (on Price County border), Gordon lake, Zielke lake, North Fork Flambeau river from Upper Park Falls Flowage dam in Price County upstream to the Turtle-Flambeau flowage in Iron County and its tributaries upstream to the first lake, dam, or fish refuge, Mineral lake, Spillerberg lake

a. Hook and line

First Saturday in May to the first Sunday in March

3 in total

None but only 1 may be longer than 14

3. 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

15 but only 1 may be longer than 20

NR 20.20 (3) BARRON (for species or waters not listed, see sub. (73))

(f) Walleye, sauger and hybrids

1. Red Cedar lake, Hemlock lake, Beaver Dam lake, Bear lake (on Washburn County border), Horseshoe lake (T36N, R14E, S3, 115 ac.), Lower Turtle lake, Upper Turtle lake

a. Hook and line

First Saturday in May to the first Sunday in March

3 in total

18

2. Loon lake

a. Hook and line

First Saturday in May to the first Sunday in March

3 in total

None but only 1 may be longer than 14

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, Middle Eau Claire 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

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

15 but only 1 may be longer than 20

3. 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

4. Namekagon lake (including Garden lake)

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 (7) BURNETT (for species or waters not listed see sub. (73))

(h) Walleye, sauger, and hybrids

1. Big McKenzie lake (on Washburn County border), Middle McKenzie lake (on Washburn County border)

a. Hook and line

First Saturday in May to the first Sunday in March

3 in total

18

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

(g) Walleye, sauger and hybrids

1. The daily bag limit and length restrictions apply separately to each of the following sections of the Chippewa River and its impoundments and tributaries upstream to the first dam or lake: upstream from Dells Pond Dam (including Dells Pond) in Eau Claire County to Chippewa Falls Flowage Dam, upstream from Chippewa Falls Flowage Dam to Lake Wissota Dam, upstream from Lake Wissota Dam (including Lake Wissota) to Old Abe Flowage Dam in Jim Falls including Yellow River upstream to the Suetlik dam at Cadott, upstream from Old Abe Flowage Dam in Jim Falls (including Old Abe Flowage) to Cornell Flowage Dam, upstream from Cornell Flowage Dam (including Cornell Flowage) to Lake Holcombe Dam, upstream from Lake Holcombe Dam (including Lake Holcombe) to the Arpin dam in Sawyer County including the Flambeau river upstream to the Thornapple flowage dam in Rusk County; 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

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. Island chain (Chain lake, Clear lake, Island lake, McCann lake and connecting waters combined on Rusk County border), Long lake (T32N R8W including Herde lake and Dark lake combined), Sand lake (on Rusk County border)

a. Hook and line

First Saturday in May to the first Sunday in March

3 in total

18

  NR 20.20 (16) 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

15 but only 1 may be longer than 20

3. Lyman lake, Minnesuing 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

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

1. Chippewa river downstream from Dells Pond dam including sloughs, bayous, flowages and tributaries upstream to the first highway or railroad bridge; Eau Claire river including sloughs and bayous from Altoona dam downstream to the Chippewa river

a. Hook and line

Continuous

5 in total

15

2. Chippewa river upstream from Dells Pond dam upstream to Chippewa Falls Flowage Dam in Chippewa County 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

3 in total

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

3. Eau Claire river upstream from Altoona dam (including Altoona lake) to Lake Eau Claire 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

3 in total

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

4. Eau Claire river upstream from Lake Eau Claire dam (including Lake Eau Claire) 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

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

(e) Walleye, sauger and hybrids

1. Keyes lake, Sea Lion lake, Spread Eagle chain of lakes (Bass, East, Long, Middle, North, Railroad, South and West lakes combined)

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 (on Marinette County border), Jungle lake, Lucerne lake, Metonga lake, Pickerel lake (on Langlade County border)

a. Hook and line

First Saturday in May to the first Sunday in March

3 in total

18

2. Julia lake (on Oneida County border)

a. Hook and line

First Saturday in May to the first Sunday in March

3 in total

None but only 1 may be longer than 14

  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

2. Gile flowage, Island lake (connected to Montreal river), Pine lake, Randall lake, North Fork Flambeau river from Upper Park Falls Flowage dam in Price County upstream to the Turtle-Flambeau flowage in Iron County and its tributaries upstream to the first lake, dam, or fish refuge, West Branch Montreal river

a. Hook and line

First Saturday in May to the first Sunday in March

3 in total

None but only 1 may be longer than 14

3. 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 may be longer than 20

4. Bear river, Flambeau river upstream of Turtle-Flambeau flowage (at Murray’s Landing), 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

3 in total

None

5. 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 (on Forest County border), 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

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

(g) Walleye, sauger and hybrids

1. 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; The daily bag limit and length restrictions apply separately to each of the following sections of the Wisconsin River and its sloughs, bayous, flowages, and tributaries upstream to the first dam or highway bridge: Kings dam downstream to Pride dam (including Lake Mohawksin), Pride dam downstream to Grandmother dam, Grandmother dam downstream to Grandfather dam

a. Hook and line

Continuous

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. Wisconsin river upstream from Kings dam to the Hat Rapids dam in Oneida county including Lake Alice and sloughs, bayous, tributaries, and flowages upstream to the first dam or highway bridge

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

3. The daily bag limit and length restrictions apply separately to each of the following sections of the Wisconsin River and its sloughs, bayous, flowages, and tributaries upstream to the first dam or highway bridge: Grandfather dam downstream to Lake Alexander dam, Lake Alexander dam downstream to Merrill dam, Merrill dam downstream to the Wausau dam in Marathon County

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

4. Rice Reservoir chain (including Bridge lake, Deer lake, Lake Nokomis, and Rice River flowage 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))