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.
Sections 81 and 82 remove the size limit for pike on Geneva Lake and applies a bag limit of 5 to increase harvest of smaller pike and improve size structure.
Section 88 revises the bass regulation on Hatch Lake in Waupaca County to a minimum length limit of 18 and a bag limit of one fish. This regulation aims to increase largemouth bass abundance and, through increased predation, decrease the abundance of bluegill to improve bluegill size and growth rates.
Section 96 increases the minimum length limit of lake sturgeon on Lake Superior to 60 inches to protect the self-sustaining population of lake sturgeon while allowing opportunity for limited harvest.
Section 100 decreases the bag limit for walleye and sauger from 5 to 3 on the Winnebago system to protect female walleye and year classes of a certain size which face high fishing pressure. This regulation change impacts waters in Calumet, Fond du Lac, Green Lake, Marquette, Outagamie, Shawano, Waupaca, Waushara and Winnebago counties.
Sections 101 to 104 provide that the department can, by permit and during the open harvest season, allow participants in a catch-hold-release bass fishing tournament to adhere to the statewide regulation of a 5-fish daily bag limit and 14-inch minimum length limit in lieu of special regulations. All bass would need to be released back to the water from which they were caught. This would provide flexibility to tournament participants, since some size and bag limit regulations on certain waters would result in very few fish available for entry in the tournament.
Section 105 and 112 establish Mississippi River regulations for walleye and sauger that are consistent between Wisconsin, Minnesota and Iowa and address walleye size structure issues and declining sauger abundance.
Section 106 establishes Mississippi River regulations for northern pike that are consistent between Wisconsin and Minnesota and help mitigate harvest of trophy northern pike, especially during summer and winter when pike are more concentrated.
Section 107 reduces the bag limit to 15 each for sunfish, crappies and yellow perch on the Mississippi River Pools 3 to 9. A daily bag limit of 15 for each of the three types of panfish could help reduce exploitation of panfish.
Section 108 and 109 establish a bag limit of 10 for white bass to reduce harvest pressure on white bass in Pools 3 to 9 of the Mississippi River and provide consistent regulations with Minnesota, while retaining the existing regulations for yellow and rock bass. White bass are a popular panfish species and are frequently targeted on the Mississippi River.
Section 110 reduces the bag limit for catfish on the Mississippi River to 10 combined and establishes that only one catfish over 30 inches may be harvested. These regulations would be consistent between Wisconsin and Minnesota.
Section 111 decreases the shovelnose sturgeon bag limit to 3 on the Mississippi River, which would protect shovelnose sturgeon from overharvest, particularly as demand for caviar increases, and would result in consistent regulations between Wisconsin and Minnesota.
Section 113 removes the minimum length limit for bass on Smoky Lake in Vilas County and establishes a protected slot of 14 to 18 inches with one bass over 18 inches allowed for harvest. This will encourage a quality bass fishery with more abundant large bass, and is consistent with Michigan's proposed regulations. This section also moves the harvest season opener to June and creates a catch-and-release season the rest of the year, consistent with Michigan’s regulations.
Section 114 moves the opening date of the bass harvest season on Wisconsin-Michigan boundary waters from the first Saturday in May to the third Saturday in June, with catch-and-release fishing allowed the remainder of the year.
Section 115 revises the musky season on the Wisconsin-Michigan boundary waters to run from June 1 to December 31 on open water. This section also increases the minimum length limit for musky on most Wisconsin-Michigan boundary waters to 50 inches.
Section 116 extends the time during which the Fox River fish refuge in Brown County is closed so that fishing will not be allowed through the end of May, which will protect spawning lake sturgeon and musky that also occupy the area in the spring from disturbance from anglers.
Section 117 creates a fish refuge on the Mink River in Door County from early March to June 15 to protect spawning bass.
6. Summary of, and Comparison with, Existing or Proposed Federal Statutes and Regulations:
No federal regulations apply. States retain management authority over the fish and wildlife resources within state boundaries provided that state regulations do not conflict with regulations established in the Federal Register. None of these rule changes violate or conflict with the provisions established in the Federal Code of Regulations.
7. Comparison with Similar Rules in Adjacent States:
Individual state or provincial agencies are responsible for managing fisheries within their state boundaries and each jurisdiction has their own decision-making process. Wisconsin’s approach to fisheries management and regulations are comparable to that of surrounding states. Additionally, several items contained in this rule were developed in collaboration with the natural resources agencies of Minnesota and Michigan to improve consistency in regulations on boundary waters between the two states.
8. Summary of Factual Data and Analytical Methodologies Used and How Any Related Findings Support the Regulatory Approach Chosen:
With this rule, the department will make changes to certain fish size limits, bag limits, seasons, and other regulations related to fishing in inland, outlying, and boundary waters. Fishing regulations are in place to help meet management goals and objectives for fish populations in waters of the state. Examples include providing a trophy walleye fishery or a bass fishery that maximizes predation on smaller fishes. New regulations are proposed when management goals have changed or the department must address a critical need, such as a fish population decline.
This rule also incorporates several changes to regulations on shared boundary waters with Michigan, Minnesota and Iowa. These changes are the product of discussions between the three states and Wisconsin to achieve consistent regulations that account for biological data and public desires for the respective fisheries. Consistent regulations contribute to a uniform management strategy for each regulated boundary water species and also reduce confusion for anglers and law enforcement officers on those waters.
The regulation proposals included in this rule are based on surveys and analyses conducted by fish biologists and input from local stakeholders and the Wisconsin Conservation Congress. All proposals are peer-reviewed for justification, enforceability, and completeness by department Bureaus of Fisheries Management, Law Enforcement, and Legal Services.
Based on the management goals for individual waters and species, the department strives to provide:
- consumptive opportunities where anglers can fish for a meal from a self-sustained, slow-growing fish population;
- quality and memorable opportunities where anglers can catch large fish and the density of adult fish in the populations are sustained or increased; and
- trophy opportunities where anglers can catch large trophy-size fish and the survival of older and larger fish is increased.
Most recreational fishing regulation changes are updated in Administrative Code every two years. Forestalling the proposed rule changes would result in less than optimal management of fish populations in waters of the state and reduced fishing opportunities for resident and visiting anglers. However, existing regulations would remain in place to provide some level of continued protection of fish resources.
9. Analysis and Supporting Documents Used to Determine the Effect on Small Business or in Preparation of an Economic Impact Report:
