The scope statement for this rule, SS 002-19, was approved by the Governor on January 3, 2019, published in Register No. 757A2, on January 7, 2019, and approved by the Natural Resources Board on February 27, 2019. The final rule was approved by the Governor on November 21, 2019. ORDER OF THE STATE OF WISCONSIN NATURAL RESOURCES BOARD
REPEALING, AMENDING, AND CREATING RULES
The Wisconsin Natural Resources Board proposes an order to repeal 20.20 (11)(b), 20.20 (25)(d) 2., 20.20 (26)(h) 5., 20.20 (33)(d) 2., 20.20 (43)(c), 20.20 (49)(f) 1., 20.20 (60)(e), 20.37; to amend 20.03 (18), 20.05 (14), 20.08 (7)(a) and (b), 20.10 (4) and (6), 20.11 (1)(a), 20.14 (4), 20.14 (9) and (10), 20.15 (4), 20.18 (10), 20.20 (1)(b) 2., 20.20 (2)(h) 2., 20.20 (3)(d) 2. b. and (f) 1., 20.20 (4)(h) 1. a., 20.20 (9)(f) 1., 20.20 (11)(a), 20.20 (13)(b) 1. and 2., 20.20 (20)(b) 2., 20.20 (21)(b) 1., 20.20 (26)(g) 1. and (h) 2., 20.20 (33)(e) 2., 20.20 (38)(d) 3., 20.20 (44)(g) 1., 20.20 (51)(a) 1., (e) 2. and (h) 1., 20.20 (55)(g) 1., 20.20 (56)(a) 1. and 2., 20.20 (61)(d) 2., 20.20 (64)(b) 1. b., 20.20 (64)(h) 4., 20.20 (64)(i) 2., 20.20 (65)(d) 1., 20.20 (66)(f) 2., 20.20 (67)(d) 2., 20.20 (68)(e) 3., 20.20 (68)(f) 1., 20.20 (71)(c) 2., 20.20 (73)(c) 3. c., (h) 3. a. and 4. a., (km) 4., and (L) 1. b., 20.35 (3)(c), 20.40 (3m)(a), 21.04 (4g) and (4r), 25.02 (39); and to create 20.10 (7), 20.20 (26)(g) 1m., 20.20 (64)(a) 2., 20.20 (64)(i) 8., 20.20 (70)(a) 4., 20.20 (73)(m) 3., 20.40 (10)(h) 2. c. relating to minor revisions to fishing regulations on inland, outlying and boundary waters. |
FH-23-18
Analysis Prepared by the Department of Natural Resources
1. Statutes Interpreted: Sections 29.014 (1), 29.041, 29.053 (2), and 29.403 (1g), Stats., have been interpreted as authorizing the department to make changes to Wisconsin fishing rules. 2. Statutory Authority: Sections 29.014 (1), 29.041, 29.053 (2), and 29.403 (1g), Stats. authorize these 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. Section 29.403 (1g), Stats. allows the department to authorize and create rules regulating fishing tournaments, including the overall scope of the tournament program. 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: These rules are minor in nature and mainly clarify regulations, correct outdated language and drafting errors, and address inconsistencies in administrative code language. Specifically, these rules will amend fishing regulations found in Chs. NR 20-26, Wis. Admin. Code. SECTION 1 amends the definition of “Lake Michigan tributaries” to include the point of reference for the boundary between the Sheboygan River tributary and Lake Michigan.
SECTIONS 2 and 53 clarify the department’s policy for authorizing fishing contest organizers to tag fish. The department authorizes this practice by permit, and typically the permits only allow fewer than five fish to be tagged and immediately released for each contest.
SECTIONS 3, 8 and 48 correct a recurring word usage error.
SECTION 4 clarifies that artificial lights may not be used specifically while sturgeon spearing. Artificial lights may be used for hook and line fishing even during the sturgeon spearing season. This section also clarifies that no person may possess a sturgeon spear in a fishing shelter before opening time of the sturgeon spearing season.
SECTION 5 clarifies that a person must possess a valid sturgeon spearing license and unused carcass tag if in possession of a spear while in a sturgeon fishing shelter. According to s. NR 20.07 (a), Wis. Admin. Code, anglers must have a license and carcass tag to fish for sturgeon, and being in possession of a spear while in a fishing shelter indicates intent to fish for sturgeon. SECTIONS 6 and 7 allow a person to use a DNR customer identification number as an alternative to a name and address for labeling fishing shelters or minnow traps. This practice is currently acceptable for identification of hunting blinds and tree stands.
SECTION 9 corrects a typographical error in the list of counties with motor trolling regulations.
SECTION 10 clarifies that harvest of ruffe, white perch and gobies may be allowed on some waters as established in s. NR 20.20, Wis. Admin. Code. SECTION 11 applies the same bass regulation to Amey Pond as currently applies to Mason Lake to maintain consistency on these connected waters.
SECTIONS 12, 13, 29, 31, 34, and 42 revert Gordon Lake and Zielke Lake in Ashland County, Red Cedar and Hemlock lakes in Washburn and Barron counties, Buckskin, George and Katherine lakes in Oneida County, Thompson and Whitcomb lakes in Price County, Cedar Lake in Polk and St. Croix counties, and Balsam Lake in Washburn County to the Ceded Territory walleye regulation of a 3-fish daily bag limit, 20-24-inch protected slot and one fish over 24 inches allowed for harvest. These regulations were initially implemented through the NR 20.35, Wis. Admin. Code regulation change process.
SECTIONS 13, 37 and 48 make minor clarifications to language pertaining to dip netting and seining.
SECTION 14 specifies that the trout season opens at 5 a.m. on the first Saturday in May on certain waters in Bayfield County, consistent with the rest of the state’s opening hours for trout.
SECTIONS 15 and 32 correct an error in the opening date of the musky season on the Holcombe Flowage and Lake Wissota in Chippewa and Rusk counties; the opening date should be the Saturday before Memorial Day.
SECTIONS 16, 18, and 33 update a map reference for the boundary of the Lower Wisconsin River in Columbia, Dane and Sauk counties. The previous boundary reference, the railroad bridge at Sauk City, is no longer there so the point of reference is replaced with the Highway 12 bridge.
SECTION 17 repeals regulations for hybrid striped bass harvest in Columbia Lake, Columbia County. Hybrid striped bass no longer exist in this lake.
SECTION 19 corrects an error in the bag limit for northern pike on Mullet Lake, the Rock River and Horicon Marsh in Fond du Lac County. The bag limit should be 2 instead of 0.
SECTION 20 reverts Crane, Pickerel and Three Johns lakes in Forest County to the statewide bass regulation of a 14-inch minimum length limit and 5 fish allowed for harvest. This regulation was initially implemented through the NR 20.35, Wis. Admin. Code regulation change process.
SECTION 21 reverts Twin Valley Lake in Iowa County to the statewide panfish regulation of 25 fish allowed for harvest. This regulation was initially implemented through the NR 20.35, Wis. Admin. Code regulation change process.
SECTION 22 removes the special trout regulations from the section of the Montreal River that drains into Lake Superior. This section and SECTION 24 also make the regulations for Sherman Lake in Iron County consistent with surrounding waterbodies since it is no longer a research lake.
SECTION 23 makes trout regulations on the section of the Montreal River adjoining Lake Superior consistent with those of the rest of the river.
SECTIONS 25 and 26 remove the catch and release language for northern pike, gar and bowfin on Yellowstone Lake in Lafayette County. Northern pike are not present in the lake, and gar and bowfin are not a target for harvest.
SECTION 27 removes special trout regulations from the south branch of Beaver Creek in Marinette County. The special regulations were applied inadvertently to the south branch of the creek. The regulations should be the county base regulation of a 3-fish daily bag limit and 8-inch minimum length limit.
SECTION 28 reverts the pike regulations on Bear, John and Munger lakes in Oconto County to the statewide regulation of a 5-fish daily bag limit and no size limit. This regulation was initially implemented through the NR 20.35, Wis. Admin. Code regulation change process.
SECTION 31 reverts to the northern bass zone regulations of a daily bag limit of 5 and 14-inch minimum length limit for Bass Lake in Price County. This section also adds the combined waters of Soo Lake, Grassy Lake and the Elk River between the Wiemer and Jobes dams to the experimental panfish regulations of 25 panfish in total but no more than 10 of any species; this change was included in the 2017 Spring Hearings rule but mistakenly was left out of administrative code.
SECTION 35 adds the Black Creek segments in Taylor County to the regulation of a 3-trout daily bag limit and 8-inch minimum length limit. The majority of Black Creek lies in Marinette County, with only the short headwaters segments in Taylor County, so changing this regulation will make trout regulations consistent on the entire creek.
SECTION 36 makes the trolling regulations on Amik Lake (in Vilas County) consistent with the rest of the regulations for the connected Pike Chain of Lakes (in Price County).
SECTION 38 applies the same trout regulation to the Vilas County section of Brule Creek as is currently in place for the rest of the creek. This will simplify regulations for anglers.
SECTIONS 39 and 40 correct the walleye regulations on Big Crooked, Jenny, Sanford, Wolf and Bear lakes in Vilas County to have a 5-fish daily bag limit and no size limit. Those regulations were removed inadvertently when the Ceded Territory walleye regulations were applied to northern lakes as the standard regulation.
SECTIONS 41 and 44 clarify that the 10-fish bag limit for panfish applies to Eagle Spring Lake, Lulu Lake and the segment of the Mukwonago River connecting them (in Walworth and Waukesha counties). This wording is consistent with how the bass and pike regulations are treated for these connected waters.
SECTION 43 adds the special panfish regulation of 25 fish total bag limit but no more than 10 of any species, which is in place on Big Cedar Lake in Washington County, to Gilbert Lake. These waterbodies are connected and should have consistent regulations.
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.
