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Section 29.405, Stats., “Fishing with bow and arrow or crossbow,” describes the conditions under which taking catfish and rough fish by bow and arrow or crossbow are allowed. This section provides that the department’s authority to promulgate rules regulating bow and crossbow seasons, bag limits, length limits, zones and other limitations for catfish and rough fish is not affected. In s. 29.406, “Fishing by hand,” the department is authorized to promulgate similar rules relating to taking catfish or rough fish by hand.
The department has the authority to regulate commercial harvest, including harvest limits, gear restrictions and fishing area restrictions under s. 29.519, Stats., “Commercial fishing in outlying waters.”
4. Related Statutes or Rules:
Ch. NR 26, Wis. Admin. Code, contains fish refuges within the state that are closed to all forms of fishing, including fishing for catfish and rough fish.
A companion permanent rule, FH-16-18, is also in development.
5. Plain Language Analysis:
Catfish are a valued Wisconsin game fish, and closed seasons, bag limits, and size limits have been established for fishing with hook and line and bank poles to ensure sustainable use.  Under 2017 Act 297, taking catfish by hand is now allowed but no seasons, size or bag limits for this method of take are yet in place.  In certain situations, including spawning and overwintering seasons, catfish will be very vulnerable to harvest using these new methods without additional harvest regulations
The proposed rule creates bowfishing regulations for catfish that are similar to those currently in place for rough fish. The rule also establishes a season for fishing by hand for catfish, subject to bag limits, size limits, gear restrictions and other regulations. Prior to Act 297, Wisconsin did not have any statewide rules allowing the harvest of game fish by bow, crossbow or by hand, but rough fish could be harvested by bow and crossbow in most of the state and by hand on some waters.
This rule will apply on inland and boundary waters of the state. Where special size regulations and closed seasons or refuges exist, anglers will adhere to the regulations on those waters in addition to complying with the bag limits and equipment restrictions described in this rule.
This rule will also prohibit commercial harvest of catfish by bow, crossbow or by hand. While commercial harvest with bow or crossbow would likely be inefficient and not pursued, hand fishing for commercial purposes could quickly deplete local catfish populations during certain times of the year.
This rule will also correct inconsistencies in rough fish regulations between administrative code and the new statutes.
SECTION 1 provides that no person may take catfish with any gear other than bare hands, or with the aid of any type of breathing apparatus.
SECTION 2 adds catfish to the list of species that can be taken with a bow and arrow or crossbow.
SECTION 3 establishes bow and arrow, crossbow and hand fishing as authorized methods for harvesting catfish, and provides exceptions for waters with closed seasons and those that are designated as fish refuges under ch. NR 26, Wis. Admin. Code.
SECTIONS 4 through 24 create seasons, bag limits and size limits for taking catfish with bow and arrow, crossbow or by hand on specific waters throughout the state.
SECTION 25 amends the reciprocity agreement for Wisconsin-Minnesota boundary waters to clarify that it applies to hook and line sport fishing and that alternative methods of harvest for catfish are only allowed in boundary waters within Wisconsin.
SECTION 26 establishes seasons for taking catfish by bow and arrow, crossbow or by hand on Wisconsin-Minnesota boundary waters.
SECTIONS 27 and 30 add bow and arrow, crossbow and hand fishing to the list of methods by which rough fish may be taken on the boundary waters and subsequently sold.
SECTIONS 28 and 31 provide that rough fish may be taken by hand on boundary waters within Wisconsin.
SECTIONS 29, 32 and 35 provide that catfish may be taken with a bow and arrow, crossbow or by hand on boundary waters with Minnesota, Michigan and Iowa.
SECTION 34 adds a cross-reference to SECTION 35, pertaining to harvesting catfish in Wisconsin-Michigan boundary waters.
SECTIONS 33 and 36 prohibit commercial fishing of catfish with bow, crossbow or by hand.
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 Registrar.
7. Comparison with Similar Rules in Adjacent States:
Minnesota and Iowa allow fishing for rough fish with a bow and arrow, but do not allow fishing for catfish with a bow and arrow, crossbow or by hand. Michigan allows rough fish and catfish harvest with a bow and arrow or crossbow, but hand fishing is not legal. In Illinois, all of these methods are legal for harvesting catfish. All neighboring states establish seasons, bag limits, size limits and closed areas for regulating the harvest of game fish.
8. Summary of Factual Data and Analytical Methodologies Used and How Any Related Findings Support the Regulatory Approach Chosen:
Catfish spawn using cavities in the bank or sheltered areas behind large wood or other structures. During spawning, males will guard the nest, making them susceptible to hand fishing. Catfish are also vulnerable to overharvest during the winter. They exhibit strong site fidelity with individuals returning to the same winter locations for consecutive years. Catfish will congregate in large numbers within these wintering areas and become lethargic and docile, becoming very susceptible to being taken by hand. Season limits and gear restrictions are necessary to protect wintering populations of catfish. In addition, catfish species can be vulnerable to harvest with the use of bow and arrow at night as they lie in shallow water. Through reduced bag limits, this rule will prevent overharvest of catfish with bow or crossbow or by hand.
9. Analysis and Supporting Documents Used to Determine the Effect on Small Business or in Preparation of an Economic Impact Report:
Economic impacts are expected to be minimal. The regulations proposed in this rule are not expected to present additional costs to anglers; rather, they will provide opportunities for alternative methods of harvest for catfish and rough fish while ensuring that harvest remains sustainable. While commercial fishers will not be able to utilize the new harvest methods, this rule will have no impacts on commercial harvest.
10. Effect on Small Business (initial regulatory flexibility analysis):
Impacts on small businesses as a result of this rule will be minimal, as the proposed regulations will continue to allow catfish and rough fish to be harvested through the new methods and will not significantly impact current hook and line fishing. These rules are mainly applicable to individual anglers and impose no compliance or reporting requirements for small business, nor are any design or operational standards contained in the rule.
11. Agency Contact Person:
Meredith Penthorn, Meredith.Penthorn@wisconsin.gov, 608-316-0080
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:
Meredith Penthorn
Department of Natural Resources
P.O Box 7921, Madison, WI 53707
608-316-0080
Written comments may also be submitted to the Department at DNRAdministrativeRulesComments@wisconsin.gov.
Hearing dates and the comment submission deadline are to be determined.
Section 1   NR 20.05 (5m) is created to read:
20.05 General restrictions. (5m) Take catfish by hand with the aid of or while in possession of artificial nests or spawning boxes, ropes, gaffes, hooks, grapples or similar equipment for snagging catfish, or breathing devices including but not limited to snorkeling or SCUBA gear.
Section 2   NR 20.09 (2) and (3) are amended to read:
20.09 Spearing restrictions. (2) Use, possess, or control any bow, spear, or similar device from sunset to sunrise while on the waters or on the banks or shores of any waters except as authorized in s. NR 20.20, and that a bow and arrow or crossbow may be possessed and used for spearing rough fish or catfish from sunset to sunrise during the open season for spearing rough fish, except on waters with a closed season for taking catfish.
(3) Spear any game fish except that flathead and channel catfish may be taken with a bow and arrow or crossbow during the open season for taking catfish with a bow and arrow or crossbow on waters specified in s. NR 20.20, and white bass, yellow bass, rock bass, panfish and bullheads may be speared while skin diving or scuba diving during the open season for rough fish spearing on waters specified in s. NR 20.20, provided that the season for white bass, yellow bass, rock bass, panfish and bullheads is also open on the same water. Daily bag limits and size restrictions specified in s. NR 20.20 for catfish, white bass, yellow bass, rock bass, panfish and bullheads also apply.
Section 3   NR 20.15 (5) and (6) are created to read:
20.15 Authorized methods. (5) Take catfish with a bow and arrow or crossbow during the open season for spearing rough fish on waters specified in s. NR 20.20, except that catfish may not be taken on those waters with closed seasons or those waters established as fish refuges under ch. NR 26.
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