ORDER OF THE STATE OF WISCONSIN NATURAL RESOURCES BOARD
REPEALING, RENUMBERING AND AMENDING, AMENDING, REPEALING AND RECREATING AND CREATING RULES
The Wisconsin Natural Resources Board proposes an order to repeal NR 20.20 (25)(f) 4. and 20.20 (63)(c) 2.; to renumber and amend NR 23.05 (5)(d) 1.; to amend NR 20.18 (2)(a), 20.20 (intro.), 20.20 (1)(b) 3., (2)(a) 1. and (c) 1., (3)(a) and (b), (4)(c) and (d) 2., (5)(c) 2. and (d) 1., (7)(b), (9)(b), (9)(f) 1., (11)(d) 3., (12)(e) 3., (13)(c) 2. and (g) 1., (13)(h) 1., (14)(a) 2., (16)(d) 1., (17)(g) 1., (18)(c) 2., (19)(b) 1. and (c) 1. a., (20)(a) 1., (21)(a) 1. and (b), (21)(c) 1., (22)(e) 1., 3. and 4., (25)(f) 3., (26)(a), (26)(c) 1. and (h) 4., (27)(c) 1., (28)(d) 1., (30)(b) 2., (33)(b) 2., (34)(b) 1., 3. and 4., (34)(e) 1., (35)(b) 1. and 3., (36)(a), (38)(a) 1., (d) 3. and (f) 1., (39)(c) 2., (42)(b) 2., (43)(a) 1., (43)(b) 1. and (d) 2., (44)(b) and (c), (49)(a), (50)(a) 2., (50)(c) 1., (51)(a) 1. and 2. and (c) 1., (52)(b) 2., 3. and 4.. (53)(e) 3. and 4., (54)(e) 1., (55)(a) 1. and 2., (e) 2. and (g) 1., (56)(c) 2., (57)(c) and (e) 1. and 2., (60)(a) 1. and 2. and (d) 1., (61)(b), (62)(b) 1., (63)(a) 1., (63)(c) 3., (64)(b) 2. and 3. and (c) 1., 2. and 7., (64)(d), (65)(b) and (c) 1., (66)(b), (67)(b) and (c) 1., (68)(c) 1. and 2., (69)(a) 2., (69)(f) 1., (70)(a) 2. and 3., (71)(c) 1., (73)(c) 3., (73)(e) 1., (73)(f) 1., 2., 4. and 5., (73)(g) 1., (73)(g) 3., (73)(o) 6., 20.40 (3)(intro.) and (3m)(intro.), 21.04 (5)(b) 1. and (8)(b), 22.04 (2)(a), 23.05 (5)(d) 1. and (5)(e), and 26.01 (5)(a); to repeal and recreate NR 21.04 (2)(c), (3)(b) and (4); and to create NR 20.10 (7), 20.20 (1)(d) 2., (9)(b) 4., (10)(c) 2., (12)(e) 3m., (13)(g) 1m., (14)(b) 3. and (e), (15)(e), (17)(g) 1m., (21)(b) 4., (25)(f) 5m., (26)(h) 5., (28)(d) 2., (39)(d) 3., (43)(a) 2., (44)(c) 4., (48)(b) 1r., (49)(a) 3., (56)(e) 4. and (i), (58)(f) 2., (60)(d) 3m., (65)(c) 2., (68)(d) 3., (69)(a) 3., (b) 4. and (c) 4., (69)(f) 2., (70)(c) 5., and (71)(c) 2., 20.40 (3)(f), 20.40 (10)(g) 10., 21.04 (4g) and (4r), and 26.01 (15)(e) relating to fishing regulations on inland, outlying and boundary waters.
FH-19-18
Analysis Prepared by the Department of Natural Resources
1. Statutes Interpreted: Section 23.09 (2) (c), Wis. Stats. is interpreted as allowing the department to designate fish refuges. Sections 29.014 (1), 29.041 and 29.053 (2), Wis. Stats. have been interpreted as authorizing the department to conserve and regulate the fish supply on waters of the state while continuing to provide opportunities for good fishing. Sections 29.403 (1g) and (4), Stats. is interpreted as allowing the department to regulate fishing tournaments. 3. Explanation of Agency Authority: Section 23.09 (2) (c), Stats., provides that the department may designate fish refuges to secure the perpetuation and adequate supply of any species of fish and provide safe retreats in which fish may breed and replenish adjacent fishing waters. The department is directed under s. Section 29.014 (1), Stats., to establish and maintain any bag limits and 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. It also allows the department to establish a fishing season on specified bodies of water in certain urban areas to allow fishing only by persons who are under 16 years old or who are disabled, as specified in s. 29.193 (3) (a), (b), or (c), Stats. Section 29.403 (1g), Stats. requires the department to authorize and create rules regulating fishing tournaments, including the overall scope of the tournament program. Furthermore, s. 29.403 (4), Stats. prohibits the department from authorizing activities for tournament participants but not non-tournament anglers, except that the department may make exceptions for bass tournaments. 4. Related Statutes or Rules: No related statutes or rules apply.
5. Plain Language Analysis:
This rule will serve several purposes, including applying fishing regulations to waters of the state to accomplish management goals. Such management goals include improving size structure of game fish, increasing the density or abundance of certain fish species or increasing the survival of mature adults; improving the clarity and consistency of regulations on shared boundary waters with Michigan and Minnesota; establishing statewide regulations that provide harvest opportunity while protecting fish populations; and aligning regulations with public desires for certain waterbodies. Specifically, these rules would accomplish the following.
Section 1 establishes sturgeon spear standards for the Lake Winnebago sturgeon spearing season. Currently, there are no regulations on the width or shape of sturgeon spears, and some spearers are concerned that larger, more complex spears do not align with the intent of the traditional sturgeon spearing season.
Sections 2, 28, 30, 79 and 95 revise the statewide daily bag limit for cisco and whitefish to be 10 fish in total rather than the existing weighed measure of 25 pounds plus one fish. No other species of game fish is regulated by weight, and commonly used, inexact estimates of 25 pounds can result in overharvest of fish. A 10-fish bag limit will help maintain stable populations of whitefish and cisco and be consistent with outlying waters.
Section 3 creates a definition for “open water” for the purposes of NR 20.20.
Sections 4 and 12 modify the bass regulation for Jordan Lake in Adams County and Pike Lake in Chippewa County to a 14-18-inch protected slot limit and daily bag limit of 5, and establish a year-round catch-and-release season for bass with harvest only allowed during the traditional open season from the first Saturday in May to the first Sunday in March.
Sections 5 and 51 reduce the bag limit for northern pike on Amey Pond and Mason Lake to a daily limit of one fish with a minimum length of 32 inches to increase pike abundance and predation on rough fish.
Sections 6 to 11, 15, 18, 21, 27 to 30, 37, 40, 43, 44, 45, 47 to 50, 52, 53, 56, 59, 61, 63, 64, 67, 68, 70, 72, 74, 75, 76, 79, 81, 83, 84, 85, 87, 88, 91, and 97 establish a statewide, year-round catch-and-release season for bass with harvest only allowed during the traditional open season from the first Saturday in May to the first Sunday in March.
Sections 6 to 9, 13, 24, 32, 38, 49, 55 to 57, 62, 63, 67, 70, 80, 98 and 99 extend the musky season in waters north of U.S. Highway 10 to December 31 (on open water to minimize the risk of hooking mortality) to provide additional fishing opportunity and make regulations consistent with waters south of U.S. Highway 10.
Sections 14, 22, 23, 55, 69, 88, and 92 reduce the bag limit for panfish on several Wisconsin waters to 10 with no size limit to increase the abundance of bluegill and provide a memorable panfish fishing opportunity.
Sections 16, 19, 33, 34, 65, 77, and 78 increase the daily bag limit from 3 to 5 for certain trout waters managed with a maximum size limit of 12 inches. This will allow harvest of smaller trout while cultivating quality size structure.
Sections 17 and 65 remove the size limit for trout on Plum Run in Crawford and Richland counties and establish a bag limit of 5 to simplify regulations.
Section 18 increases the size limit of trout on Black Earth Creek to increase the abundance of larger trout.
Sections 20, 41, 42 and 66 lower the daily bag limit to 3 and raise the minimum length limit to 18 inches for walleye in Lake Koshkonong, the Crawfish River, the Rock River and their tributaries. This change aims to reduce walleye exploitation to maintain a sustainable population.
Sections 22, 84, 86, 93 and 94 apply a protected slot limit of 25 to 35 inches for northern pike and a daily bag of two to increase the survival and density of larger pike for Lake Emily in Dodge County, Little Lake Butte des Morts in Outagamie and Winnebago counties, Big Cedar and Gilbert lakes in Washington County and Okauchee and Upper Oconomowoc lakes in Waukesha County.
Sections 25, 26, 58, 72 and 73 apply a trout regulation of a three-fish daily bag limit and 8-inch minimum length limit to Pine, North Pine and Cady creeks to simplify regulations while maintaining quality-sized trout.
Section 31 removes the size limit for bass on Roberts Lake in Forest County, establishes a bag limit of 5 bass, and also establishes a catch-and-release season during the remainder of the year outside of the traditional season.
Section 33 extends by one mile the area of Castle Rock Creek where a 12-inch minimum length limit and daily bag of 2 for trout is in effect, and bait is allowed. Previously, the regulation was a catch-and-release season for trout on this mile-long segment of the creek with only artificial lures allowed. This section also increases the daily bag limit to 5 for trout streams in Grant County managed with a maximum size limit of 12 inches to allow harvest of smaller fish and cultivate quality size structure.
Section 35 repeals the existing trout regulation for Pompey Pillar and Smokey Hollow creeks, which are moving to the county base regulation of an 8-inch minimum length limit and daily bag of 3.
Section 36 establishes a daily bag limit of 5 and no size limit for brown and rainbow trout combined, but all brook trout must be released, on Harker and Lowery creeks in Iowa County. These streams are a wild brook trout broodstock source important to departmental stocking efforts.
Section 38 changes the walleye regulation on the Turtle-Flambeau Flowage to a minimum length limit of 12 inches with only one walleye over 15 inches allowed.
Section 39 preserves existing regulations on Sherman Lake in Iron County, which did not change with the modification to Turtle-Flambeau Flowage regulations.
Section 46 adds Karbergers Springs in Langlade County to the list of waters managed for trout with an 8-inch minimum length and daily bag limit of 3.
Section 49 reverts Middle Inlet Creek in Marinette County to the county base regulation of an 8-inch minimum length limit and daily bag limit of 3.
Section 53 adds Wheeler Lake to the list of waters managed for bass with a daily bag limit of 5 and no size limit, in order to reduce largemouth bass abundance.
Section 54 applies a protected slot limit of 14 to 18 inches with one largemouth bass over 18 inches allowed for harvest, and a daily bag limit of 5, for largemouth bass on Paya Lake in Oconto County to improve size structure. This section also establishes a catch-and-release season for bass during the rest of the year outside the harvest season.
Sections 57 and 80 increase the musky size limit to 50 inches on the Rainbow Flowage and Minocqua Chain in Oneida County and White Sand Lake in Vilas County. These proposals originated as citizen resolutions through the Wisconsin Conservation Congress.
Sections 59 and 60 establishes a daily bag limit of one and minimum length limit of 18 inches for smallmouth bass in Pipe and North Pipe lakes in Polk County to improve size structure and density of smallmouth bass. These sections also establish a year-round catch-and-release season for bass with harvest only allowed during the traditional open season from the first Saturday in May to the first Sunday in March.
Section 67 reverts Devils Creek in Rusk County to no size limit and a daily bag limit of 5 for trout, which is the county base regulation.
Sections 69 and 88 apply a protected slot and daily bag of 5 for northern pike on Dutch Hollow, Mirror and White lakes to increase the harvest of smaller pike and preserve more large pike from harvest to improve size structure.
Sections 71, 89 and 90 reduce the daily bag limit to three and increase the size limit to 18 inches for walleye, sauger and hybrids in waters of Shawano and Waupaca counties to enhance the quality of these stocking-dependent fisheries.
