The statement of scope for this rule, SS 117-20 was approved by the Governor on August 13, 2020, published in Register No. 776A4 on August 24, 2020, and approved by the Natural Resources Board on October 28, 2020. This rule was approved by the Governor on July 16, 2021. ORDER OF THE STATE OF WISCONSIN NATURAL RESOURCES BOARD
AMENDING AND CREATING RULES
The Wisconsin Natural Resources Board proposes an order to amend NR 20.09 (1), 20.16 (1) (a) 3., 4., 5., 7., 12., and 15, and NR 20.20 (2) (h) 2., (19) (g) 4., (21) (g) 4., (26) (h) 2., (37) (f) 2., (38) (d) 2., (39) (d) 2., (42) (c) 2., (44) (b) 2. and 3., (49) (d) 1., (50) (f) 1., (51) (c) 1., (e) 1. and (h) 2., (53) (e) 3., 5., and 6., (55) (f) 2., (57) (c) 2., (57) (f) 1. and 4. and (i) 2. and 4., (58) (e) 3. and 4., (64) (d) 1. and (i) 2., 5., and 7., (68) (d) 1., (69) (e) 4., (70) (b) 2., and (70) (c) 1.; and to create NR 20.03 (6g), 20.10 (9), 20.20 (1) (d) 3., (2) (h) 4., (7) (bm), (19) (g) 5m., (21) (b) 5., (26) (h) 5., (37) (e) 4., (38) (d) 4., (43) (a) 3., (44) (g) 6., (48) (a) 1., (50) (d) 5g. and 5r., (51) (h) 4., (56) (c) 3., (57) (c) 8. and (i) 5., (64) (a) 3., (c) 8. and (i) 9., (66) (bm), and (70) (b) 3. relating to fishing regulations on inland, outlying and boundary waters (the 2021 Fisheries Management spring hearing rule). |
FH-09-20
Analysis Prepared by the Department of Natural Resources
1. Statutes Interpreted: Sections 29.014 (1), 29.041 and 29.053 (2), 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. 2. Statutory Authority: Sections 29.014 (1), 29.041, and 29.053 (2), Stats. authorize these rules. 3. Explanation of Agency Authority:
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. 4. Related Statutes or Rules: No related statutes or rules apply.
5. Plain Language Analysis:
This rule will apply 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, 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 defines the species of carp which could be incidentally harvested during the Winnebago sturgeon spearing season under the rules described in SECTION 3.
SECTION 2 adds a cross-reference to sturgeon spearing provisions in s. NR 20.10. SECTION 3 allows licensed sturgeon spearers to incidentally take carp during the Winnebago sturgeon spearing season. The rough fish season is currently closed during the sturgeon spearing season to prevent incidental harvest of sturgeon by rough fish spearers. However, because the rough fish season is closed, harvest of carp is illegal, even though protection of carp is not biologically necessary and they are considered detrimental in many waters. This section would require sturgeon spearers to possess a license and valid, unfilled sturgeon carcass tag to be able to incidentally take a carp while following all the regulations of the sturgeon spearing season, and requires that the carp must be removed from the water, bank or shore to reduce wanton waste of the harvested carp. The spearer would also be required to possess a regular fishing license, unless exempt, to avoid violating the rule that requires rough fish spearers to possess a fishing license.
SECTION 4 adds the Popple River, main stem of the Plover River upstream of Highway 153, and the Waupaca (Tomorrow) River between Durant Rd and Frost Valley Rd to the list of waters with an early catch-and-release season for trout using artificial lures only to provide additional angling opportunity.
SECTION 5 applies a protected slot of 25-35 inches and daily bag limit of 5 for northern pike in Parker Lake, Adams County to allow harvest of smaller pike while preserving larger pike for a quality fishery.
SECTIONS 6, 7, 13, 14, 28, 31, and 36 revert waters in Ashland, Iron, Price, Rusk, Sawyer and Vilas counties to the Ceded Territory walleye regulation of a 15-inch minimum length limit, walleye between 20 and 24 inches may not be kept, and only one walleye greater than 24 inches may be kept, with a bag limit of 3 in total. The regulation currently in place is no longer appropriate for the goal of increasing adult walleye population densities on these waters.
SECTIONS 8 and 42 create a trophy harvest regulation of a 50-inch minimum length limit and daily bag limit of 1 for the Namekagon River from the Trego Dam to the confluence with the St. Croix River.
SECTIONS 9, 12 and 17 remove the late catch-and-release trout season (from October 16 to November 15) from the Popple River, Peshtigo River and Rat River. This will simplify regulations for anglers and reduce fishing pressure on spawning migrations of brook trout. Also, a late season is not needed since these rivers already allow an early catch-and-release fishing opportunity (with the Popple River gaining the early season in SECTION 4).
SECTIONS 10 and 18 establish a bag limit of 5 fish and no minimum length limit for trout on the North Branch Pemebonwon River, Wausaukee River and South Branch Pike River to allow anglers to make use of trout stocked on these waters by the department and cooperators.
SECTIONS 11, 22, 24, 32, and 34 establish a protected slot of 14 to 18 inches for largemouth and smallmouth bass with only one bass greater than 18 inches allowed for harvest on Butternut and Franklin lakes in Forest County, North Nokomis Lake in Oneida County, Nugget Lake in Pierce County, White Mound Lake in Sauk County, and the Tiger Cat Chain of Lakes in Sawyer County. This regulation is expected to result in more harvest of smaller bass, improving growth rates and the size structure of the bass population in these lakes.
SECTIONS 15, 25, 28, 35 and 47 reduce the daily bag limit for panfish on the Big Eau Pleine Reservoir, Marathon County, Big Round Lake, Polk County, Cranberry Lake, Price County, Lake Chippewa, Sawyer County, and Huron Lake, Waushara County to 10 in total to provide additional protection and maintain the quality of the panfish population.
SECTIONS 16, 27, 37, and 44 modify the trout regulation on the Little Wolf River, Comet Creek, Bradley Creek, Flume Creek, Rainy Creek, Jackson Creek and Jones Creek to 3 trout in total with a minimum length limit of 8 inches. This regulation is expected to preserve a high-quality brook trout fishery on these waters.
SECTIONS 19 and 45 establish a daily bag limit of 5 and no minimum length limit for northern pike in Tuttle Lake, Marquette County and in Morris, Big Hills and Pine lakes, Waushara County. Removing the size limit will encourage the harvest of smaller, slow-growing pike to reduce density and improve growth rates and size structure.
SECTION 20 revises the regulation for northern pike on Lake Tomah in Monroe County to a minimum length limit of 40 inches and daily bag limit of 1 to cultivate trophy pike fishing opportunities in the lake.
SECTION 21 removes the minimum length limit for largemouth bass on White Potato Lake in Oconto County while retaining the 14-inch minimum length limit for smallmouth bass, and a daily bag limit of 5 in total. This regulation would promote additional harvest of largemouth bass to decrease their abundance.
SECTIONS 22 and 39 establish a daily bag limit of 5 in total and no minimum length limit for bass in Katherine Lake, Oneida County, and Upper and Lower Buckatabon lakes, Vilas County to encourage bass harvest and potentially improve quality potential for bass.
