Amending, and Creating Rules
The statement of scope for this rule, SS 014-16, was approved by the Governor on February 12, 2016, published in Register No. 722A4 on February 22, 2016, and approved by the Natural Resources Board on May 24, 2016. This rule was approved by the Governor on November 7, 2017. The Wisconsin Natural Resources Board proposes an order to repeal NR 20.20 (25) (c) 1., (26) (h) 5., 20.20 (38) (d) 4., (64) (c) 6.; to amend NR 20.10 (3) and (3s), NR 20.20 (4) (h) 5. and 6., (9) (d) 1., (11) (f) 1., (15) (d) 1. a., (19) (g) 5., (21) (b) 1. and (e) 1., (22) (e) 1., (25) (f) 3. and 4., and (26) (h) 4., (27) (h) 1., (30) (a) 1., (34) (b) 2. a., and (38) (d) 2., (50) (d) 1., and (g) 3. and 4., (51) (a) 1., (c) 1., (e) 2., and (h) 2., (55) (e) 1. and 2., (56) (g) 2., (57) (a) 1., (e) 1., (f) 3., and (i) 2. and 5., and (63) (c) 4., (64) (h) 3., and (i) 3. and 6., (65) (e) 2., and (73) (e) 2., NR 20.33 (5) (d), NR 20.38 (1) (a); and to create NR 20.20 (48) (b) 1m., and 26.01 (16) (br) relating to minor changes to fisheries administrative code.
FH-06-16
Analysis Prepared by the Department of Natural Resources
1. Statute Interpreted: Sections 29.014(1), 29.041, and 29.053(2), Stats., have been interpreted as giving the department the authority to make changes to Wisconsin fishing rules. 3. Explanation of Agency Authority: Section 29.014(1), Stats., directs the department to establish and maintain conditions governing the taking of fish that will conserve the fish supply and ensure the citizens of this state continued opportunities for good fishing. 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. 4. Related Statutes or Rules: Section 29.192 (3), Stats., allows the department to limit the number of persons fishing for sturgeon by hook and line or by spear or both, and may limit the maximum harvest of sturgeon in any area. 5. Plain Language Analysis: The proposed rule addresses minor changes to administrative code relating to the regulation of fishing. The rule is being pursued to ensure the rule language that governs fishing in inland, outlying, and boundary waters is accurate and properly reflects the desired management of Wisconsin waters. The objectives are to:
• Remove sections of code that are outdated or have been replaced by other statute or code changes.
• Correct errors that occurred during the drafting of rules.
• Add or repeal language to clarify intent of original rules.
SECTIONS 1 through 14 make minor changes to regulations to correct spelling errors, define boundaries of regulations on streams and rivers for better understanding and enforcement by the public, and ensure proper management of the waters as determined by local fish biologists.
For example, minor code errors were discovered after a statewide package of trout regulations were put in place in spring 2016. Changes in this rule in Bayfield and Florence counties respond to public questions about the trout regulation boundaries and make them comply with resource needs. Other examples of minor changes include:
• Kentuck Lake straddles both Forest and Vilas counties and regulations were added to Forest County to match those already listed in Vilas County code
• Trout regulations on Lake Superior tributaries in Bayfield and Iron counties were returned to what they were before they were mistakenly changed in a 2015 Board Order. Public hearing information at that time stated that the tributary regulations would not change.
• A drafting error that created a continuous open season for walleyes at Door County’s Kangaroo lake is corrected and the standard statewide game fish season is restored.
• Sherman Lake regulations were updated in Iron and Vilas counties to make the season and bag limit match the Ceded Territory regulations.
• Iowa county’s Twin Valley Lake currently has a one fish bag limit and 40 inch size limit for northern pike which is repealed by these rules. This is a non-standard regulation type and northern pike are not known to be present in the lake.
• Poerio Park Pond in Kenosha County was removed from the list of urban ponds because it has been filled in and no longer exists
• Northern pike and walleye regulation boundaries were clarified on the Little Eau Pleine River in Portage County to keep regulations consistent with connecting waters
• Clarifies that the trout size and bag limit for George lake/Spring Valley reservoir, located in St. Croix and Pierce counties, is the same as the bag and size limits for St. Croix County.
• In Sawyer County, lake chains were specified for all species to match newly created bass regulations on the Lac Courte Oreilles and Quiet Lake chains
• Wildwood Lake special bass regulations were removed in Vilas County, returning the season, bag, and size limits to the general northern zone regulations. It also removes the requirement for use of artificial lures, which was recently changed under bass regulations as well.
• Sturgeon spearing regulations are clarified to reduce confusion when cutting holes in the ice and to make code language consistent with the open season times designated in s. NR 20.10 (10m) • The boundaries for sturgeon spearing regulations are clarified in code to be Lake Winnebago, Lake Poygan, Lake Butte des Morts, and Lake Winneconne rather than stating “Lake Winnebago system waters.” This clarification matches with how the sturgeon carcass tags are issued for sturgeon spearing and safeguards proper enforcement of spearing boundaries.
• St. Croix County was added to a list of other northern counties in which bullheads are considered detrimental species, allowing easier control and removal of these sometimes undesirable species.
• The Brule River fish refuge in Douglas County was added to code. At some point in time it was mistakenly removed from code, although the refuge has been posted and in place for years. The department website also lists the refuge. This is a sea lamprey barrier refuge closed to fishing year-round that extends 500 feet both upstream and downstream of the barrier.
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 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.
8. 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 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 department took steps to insure the accuracy, integrity, objectivity and consistency of data were used in preparing the proposed rule and related analysis.
9. 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 conducted an economic impact analysis to determine if any individuals, businesses, local governments, or other entities will be affected economically. The Department did not receive any comments during the economic impact comment period that began on September 23 and continued through October 7, 2016.
10. Effect on Small Business (initial regulatory flexibility analysis): It is expected that there will be 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.
Agency Contact Person: Scott Loomans, 101 South Webster St., PO BOX 7921, Madison, WI 53707-7921. (608) 266-5206, scott.loomans@wisconsin.gov Comment period: The deadline for written comments was July 25, 2017.
Section 1 NR 20.10 (3) and (3s) are amended to read:
NR 20.10 (3) Cover ice holes cut, in the ice which are used or maintained for sturgeon spearing pursuant to s. NR 20.11 (2) with a fishing shelter except during the period from 48 hours before and continuing through the open season for sturgeon spearing. (3s) Cut, use or maintain ice holes in the ice larger than 48 square feet for sturgeon spearing pursuant to s. NR 20.11 (2). Section 2 NR 20.20 (4) (h), 5, and 6, (9) (d) 1., (11) (f) 1., (15) (d) 1. a., (19) (g) 5., (21) (b) 1. and (e) 1., and (22) (e) 1. are amended to read:
NR 20.20 (4) BAYFIELD (for species or waters not listed, including Lake Superior, see sub. (73))
(h) Trout and salmon | 1. Bark river and all its tributaries, Bono creek, Boyd creek, Cranberry river, East Fork Cranberry river downstream from Lenawee road, Flag river downstream from its confluence with East Fork Flag river, Iron river downstream from the sea lamprey barrier at the former site of the Orienta dam, North Fish creek downstream from its confluence with Pine creek (T47N R6W S13), Onion river downstream from Lake Superior District Power Company power line (T49N R4W S6), Pikes creek downstream from the Red dam, Pine creek downstream from its confluence with Little Pine creek, Sioux river downstream from the Big Rock Falls pool (T49N R4W S19), Siskiwit river downstream from the second bridge from its mouth, Whittlesey creek downstream from Town Hall road | a. Hook and line | Last Saturday in March First Saturday in May to November 15 | 5 in total but only 2 may be brown trout longer than15 and only 1 may be a rainbow trout | Brook trout 8, brown trout 10, salmon 12, rainbow trout 26 |
| 1m. Cranberry river, East Fork Cranberry river downstream from Lenawee road, Flag river downstream from its confluence with East Fork Flag river, Iron river and all its tributaries downstream from the sea lamprey barrier at the former site of the Orienta dam, North Fish creek downstream from its confluence with Pine creek (T47N R6W S13), Sioux river downstream from the Big Rock Falls pool (T49N R4W S19), Siskiwit river downstream from the second bridge from its mouth | a. Hook and line | Last Saturday in March to November 15 | 5 in total but only 2 may be brown trout longer than15 and only 1 may be a rainbow trout | Brook trout 8, brown trout 10, salmon 12, rainbow trout 26 |
| 1r. Bark river and all its tributaries, Whittlesey creek and all its tributaries downstream from Town Hall road | a. Hook and line | First Saturday in May at 5:00 a.m. to November 15 | 5 in total but only 2 may be brown trout longer than15 and only 1 may be a rainbow trout, all brook trout caught shall be immediately released | Brown trout 10, salmon 12, rainbow trout 26 |
| 2. All other tributaries and portions of tributaries to Lake Superior not listed in subd. 1. (intro.), 1m. (intro.), or 1r. (intro.), including the Little Sioux river downstream from falls in NE1/4 of the NE1/4, S13, T49N, R5W | a. Hook and line | First Saturday in May at 5:00 a.m. to September 30 | 5 in total but only 2 may be brown trout longer than15 and only 1 may be a rainbow trout | Brook trout 8, brown trout 10, salmon 12, rainbow trout 26 |
| 3. Cap creek, Schultz springs | a. Hook and line, only artificial lures may be used | First Saturday in May at 5:00 a.m. to October 15 | All trout caught shall be immediately released | — |
| 4. Iron river upstream from the sea lamprey barrier at the former site of the Orienta dam | a. Hook and line | First Saturday in May at 5:00 a.m. to October 15 | 3 in total | 8 |
| 5. Long lake branch of the White river downstream from Taylor Lane to the confluence with the White River, White river downstream from Pikes bridge to White River dam | a. Hook and line | First Saturday in May at 5:00 a.m. to October 15 | 1 in total | 18 |
| 6. White river upstream from Pikes bridge, White river (East Fork), White river (South For Fork and springs), White river (West Fork) and White river unnamed tributaries | a. Hook and line | First Saturday in May at 5:00 a.m. to September 30 October 15 | 3 in total | 8 |
| 7. Namekagon river | a. Hook and line, only artificial lures may be used | First Saturday in May at 5:00 a.m. to October 15 | 1 in total | 14 |
| 9. All waters not listed | a. Hook and line | Streams and connected springs and spring ponds: first Saturday in May at 5:00 a.m. to October 15. Lakes: first Saturday in May at 5:00 a.m. to the first Sunday in March | 5 in total | None |
NR 20.20 (9) CHIPPEWA (for species or waters not listed, see sub. (73))
(d) Trout and salmon | 1. Elk creek and all its tributaries (including Big Eld Elk creek, creek 35−12, creek 5-16, creek 17-11, creek 4-2, and creek19-16) | a. Hook and line | First Saturday in May at 5:00 a.m. to October 15 | 5 in total | Maximum length limit 12 |
NR 20.20 (11) COLUMBIA (for species and waters not listed, see sub. (73))
(f) Trout and salmon | 1. Durward Glen Durward’s Glenn creek (Prentice creek) | a. Hook and line | First Saturday in May at 5:00 a.m. to October 15 | 5 in total | None for brown trout and rainbow trout, maximum length limit 9 for brook trout |
