SECTION 45 restores the continuous catch and release season for trout on McKeawn Springs and Paradise Springs in Waukesha County. A closed season was applied to these waters in error.
SECTION 46 removes the size limit for largemouth bass on Huron Lake in Waushara County while retaining the bag limit of 5 bass. An alternate size limit is warranted because of the slow growth rates of bass on the lake. Alternate size limits may be applied through a simplified regulation change process if fish populations meet the requirements of s. NR 20.35 (3), Wis. Admin. Code. SECTION 47 applies pike regulations to Little Lake Butte des Morts in Winnebago County that are consistent with Lake Winnebago, a connected waterbody.
SECTION 48 clarifies that the season for taking bullheads with a bow and arrow or crossbow runs concurrent with the season for spearing rough fish. This season is continuous on most, but not all, waters.
SECTION 49 establishes a continuous season for white perch on Lake Superior. White perch are considered an invasive species in Lake Superior, and an open harvest season is consistent with white perch regulations on Lake Michigan and Green Bay.
SECTION 50 adds a provision to s. NR 20.35 (3)(c), Wis. Admin. Code, to provide flexibility for reverting to the county base regulation for trout. A streamlined process for reverting to the statewide regulation for other species is already allowed under s. NR 20.35, and adding an option for trout will provide a quicker and easier process for simplifying trout regulations in waters where a special regulation is no longer needed. SECTION 51 eliminates a provision allowing the DNR Secretary to establish alternate size and bag limits for walleye for non-tribal anglers fishing on the Lac du Flambeau reservation. This provision is obsolete since the state transitioned to the Ceded Territory walleye regulations in 2015.
SECTION 52 clarifies the language relating to permit exemptions for fishing tournaments to maintain the existing policy that statewide or regional tournaments that identify waters by name must have a permit.
SECTIONS 54 and 55 apply a 10-fish daily bag limit for yellow bass on the Mississippi River boundary waters to match the white bass bag limit that was approved through the 2019 Spring Hearings rule process. The existing regulations of a 25-fish bag limit for rock bass will not change. This will ensure consistency with Minnesota and reduce confusion for anglers.
SECTION 56 removes obsolete language from the definition of “license year” as it pertains to commercial fishing.
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: 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 that 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 items in this rule have been compiled by fisheries staff across the state as well as department law enforcement professionals.
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 in June 2019 to determine if any individuals, businesses, local governments, or other entities will be affected economically.
10. Effect on Small Business (initial regulatory flexibility analysis): The department expects 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.
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
Section 1 NR 20.03 (18) is amended to read:
NR 20.03 (18) “Lake Michigan tributaries" means the Pike river and its tributaries, Kenosha and Racine counties; Kewaunee river and its tributaries excluding Little Scarboro, Scarboro, Roger and Casco creeks, Kewaunee county; Milwaukee river upstream to the Grafton dam in the village of Grafton and tributaries to the Milwaukee river upstream to the first dam or lake; Menomonee river upstream to the Lepper dam in the village of Menomonee Falls and tributaries to the Menomonee river upstream to the first dam or lake; Sheboygan river downstream to the coast guard station and its tributaries excluding Unnamed tributary (locally known as Willow creek), Sheboygan county; and all other tributaries to Lake Michigan upstream to the first dam or lake.
Section 2 NR 20.05 (14) is amended to read:
NR 20.05 (14) Capture, tag, mark or attach any object and release wild fish unless issued a permit by the department pursuant to s. NR 19.11. or by specific authorization by permit from the department to capture, tag and immediately release fish from the wild using lawful methods for the purposes of a fishing contest under s. NR 20.40 (10)(h) 2. c. Section 3 NR 20.08 (7)(a) and (b) are amended to read:
NR 20.08 (7) (a) It is being possessed or used on Lake Michigan, Green Bay or any waters connected to these waters upstream to the first dam or other obstruction impassibleimpassable to fish.
(b) It is being possessed or used on the same water body from which it was obtained, or on any water connected to that water body that is not separated by a dam or other obstruction impassibleimpassable to fish.
Section 4 NR 20.10 (4) and (6) are amended to read:
NR 20.10 (4) Use or possess any artificial light while sturgeon spearing in order to illuminate any waters open to sturgeon spearing during the period beginning 48 hours before and continuing through the open season for lake sturgeon spearing.
(6) Fish for sturgeon during the open season by the method of spearing or possess or control a spear or similar device within a fishing shelter on Lake Winnebago system waters from 12 a.m. until 7 a.m. on opening day, and from 1:00 p.m. until 7:00 a.m. of the following day on opening day and subsequent days.
Section 5 NR 20.10 (7) is created to read:
NR 20.10 (7) Possess, maintain or control a spear in a sturgeon fishing shelter unless in possession of a valid sturgeon spearing license and unused carcass tag for the waterbody on which that shelter is located.
Section 6 NR 20.11 (1)(a) is amended to read:
NR 20.11 (1)(a) The name and residential address or department of natural resources customer identification number in the English language of the person owning or using the fishing shelter is legibly painted or otherwise affixed on the outside of the fishing shelter with block lettering a minimum of one inch square and in contrasting colors. Fishing shelters that are occupied or otherwise in use are exempt from this requirement.
Section 7 NR 20.14 (4) is amended to read:
NR 20.14 (4) Set, use or operate minnow traps unless a label or tag bearing the legible name and address or department of natural resources customer identification number of the operator in the English language is securely attached.
Section 8 NR 20.14 (9) and (10) are amended to read:
NR 20.14 (9) Notwithstanding any other provision in this chapter or chs. NR 21 to 23, use or operate any net, trap or similar device for the taking of minnows, or fish for minnows except suckers for any purpose using any gear in Lake Michigan, Green Bay, Lake Superior, the Mississippi River, Lake Winnebago, the Fox River from Lake Winnebago to Green Bay, or any bay, slough or backwater of these waters, or any water connected to these waters, upstream to the first dam or other obstruction impassibleimpassable to fish, or in any other water where the department has determined that the Viral Hemorrhagic Septicemia virus is present based on test results or other empirical evidence. If the department determines that the Viral Hemorrhagic Septicemia virus is present in any additional water body, it shall promptly notify the public of its determination by issuing a press release, by publication in the official state newspaper, and by such other means as the department determines are reasonably likely to inform the public. (10) Transport away from the water or its bank or shore any live sucker taken from Lake Michigan, Green Bay, Lake Superior, the Mississippi River, Lake Winnebago, the Fox River from Lake Winnebago to Green Bay, or any bay, slough or backwater of these waters, or any water connected to these waters, upstream to the first dam or other obstruction impassibleimpassable to fish, or from any additional water where the department has determined under sub. (9) that the Viral Hemorrhagic Septicemia virus is present. Section 9 NR 20.15 (4) is amended to read:
NR 20.15 (4) Fish by the method of trolling with up to 3 hooks, baits, or lures on all inland waters l in the following counties: Adams, Ashland, Barron, Bayfield, Brown, Buffalo, Burnett, Calumet, Chippewa, Clark, Columbia, Crawford, Dane, Dodge, Door, Douglas, Dunn, Eau Claire, Fond du Lac, Forest, Grant, Green, Green Lake, Iowa, Jackson, Jefferson, Juneau, Kenosha, Kewaunee, La Crosse, Lafayette, Langlade, Manitowoc, Marathon, Marinette, Marquette, Menominee, Milwaukee, Monroe, Oconto, Outagamie, Ozaukee, Pepin, Pierce, Polk, Portage, Price, Racine, Richland, Rock, Rusk, Sauk, Shawano, St. Croix, Taylor, Trempealeau, Vernon, Walworth, Washburn, Washington, Waushara, Waukesha, Winnebago, and Wood.
Section 10 NR 20.18 (10) is amended to read:
Species | Total Daily Bag Limit |
(10) Ruffe, white perch and gobies ……….. | 0 except as authorized in s. NR 20.20, but one of each may be killed and possessed for immediate delivery to a department service center or regional office |
Section 11 NR 20.20 (1)(b) 2. is amended to read:
County and Species | Waters | Authorized Methods | Open Season (both dates inclusive) | Daily bag limit | Minimum Length or Other Size Restrictions (Inches) |
(1) ADAMS (For species or waters not listed, see sub. (73)). |
(b) Largemouth and smallmouth bass | 2. Mason lake, Amey pond, Parker lake | a. Hook and line | First Saturday in May to the first Sunday in March | 5 in total but only 1 may be longer than 18 | None except the possession of fish from 14 to 18 is prohibited |
Section 12 NR 20.20 (2)(h) 2. is amended to read:
County and Species | Waters | Authorized Methods | Open Season (both dates inclusive) | Daily bag limit | Minimum Length or Other Size Restrictions (Inches) |
(2) ASHLAND (For species or waters not listed, see sub. (73)). |
(h) Walleye, sauger and hybrids | 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 |
Section 13 NR 20.20 (3)(d) 2. b. and (f) 1. are amended to read:
County and Species | Waters | Authorized Methods | Open Season (both dates inclusive) | Daily bag limit | Minimum Length or Other Size Restrictions (Inches) |
(3) BARRON (For species or waters not listed, see sub. (73)). |
(d) Rough fish | 2. Beaver Dam lake | b. Seining at any time for smelt. with seines Seines may not be more than 75 feet in length and 6 feet in depth | | | |
(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 |
Section 14 NR 20.20 (4)(h) 1. a. is amended to read:
County and Species | Waters | Authorized Methods | Open Season (both dates inclusive) | Daily bag limit | Minimum Length or Other Size Restrictions (Inches) |
(4) BAYFIELD (For species or waters not listed, including Lake Superior, see sub. (73)). |
(h) Trout and salmon | 1. Bono creek, Boyd creek, 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 | 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 than 15 and only 1 may be a rainbow trout | Brook trout 8, brown trout 10, salmon 12, rainbow trout 26 |
Section 15 NR 20.20 (9)(f) 1. as affected by CR-19-016 is amended to read:
County and Species | Waters | Authorized Methods | Open Season (both dates inclusive) | Daily bag limit | Minimum Length or Other Size Restrictions (Inches) |
(9) CHIPPEWA (For species or waters not listed, see sub. (73)). |
(f) Muskellunge | 1. Holcombe flowage, Lake Wissota | a. Hook and line | First Saturday in MaySaturday before Memorial Day to December 31 on open water | 1 | 50 |
Section 16 NR 20.20 (11)(a) is amended to read:
County and Species | Waters | Authorized Methods | Open Season (both dates inclusive) | Daily bag limit | Minimum Length or Other Size Restrictions (Inches) |
(11) COLUMBIA (For species or waters not listed, see sub. (73)). |
(a) Catfish | 1. Lower Wisconsin river from the Prairie du Sac dam to the railroad bridge at Sauk CityU. S. highway 12 bridge | a. Hook and line | First Saturday in May to November 30 | 10 in total | None |
Section 17 NR 20.20 (11)(b) is repealed.
Section 18 NR 20.20 (13)(b) 1. and 2. are amended to read:
