SECTION 73 establishes a continuous season for bass on the St. Croix River (Wisconsin-Minnesota boundary waters) from the St. Croix Falls dam downstream to Prescott to improve consistency with the season structure on the Mississippi River and other large rivers. The continuous season is consistent with the season structure on the Mississippi River and most large river systems in Wisconsin. This regulation would be implemented in conjunction with the Minnesota Department of Natural Resources. This section also specifies that the walleye, sauger and hybrids regulation of a daily bag limit of 6 in total and 15-inch minimum length limit for walleye, none for sauger will apply only on the upper St. Croix River upstream of the St. Croix Falls Dam (Wisconsin-Minnesota boundary waters) rather than the river in its entirety.
SECTION 74 modifies the walleye, sauger and hybrid regulation for the lower St. Croix River from the St. Croix Falls Dam downstream to Prescott (Wisconsin-Minnesota boundary waters) to a daily bag limit of 4 in total with a minimum length limit of 15 inches for walleye and none for sauger except only one walleye or sauger over 20 inches may be harvested. The aim of this regulation is to reduce overall harvest and distribute harvest over a broader group of anglers, while allowing for increased protection of larger fish. The open season will also be continuous for consistency with the Mississippi River and other large rivers. This regulation change is being pursued in conjunction with the Minnesota Department of Natural Resources.
SECTION 75 specifies that the northern pike regulation of a daily bag limit of 5 and no size limit will apply only to the upper St. Croix River above the St. Croix Falls dam (Wisconsin-Minnesota boundary waters) rather than the entire St. Croix River.
SECTION 76 reduces the daily bag limit for pike on the St. Croix River from the St. Croix Falls Dam downstream to Prescott (Wisconsin-Minnesota boundary waters) to three with only one over 30 inches allowed for harvest. This regulation is expected to reduce angler harvest pressure on large pike, and may prevent stock depletion at times of year when pike are under thermal stress. The regulation change for the lower St. Croix River also adheres to the continuous season for consistency with the Mississippi River and other large rivers. This change is being pursued in conjunction with the Minnesota Department of Natural Resources.
SECTION 77 specifies that the panfish regulation of a daily bag limit of 25 in total for sunfish and bluegills combined and 25 each for crappies and yellow perch will apply only to the upper St. Croix River upstream of the St. Croix Falls Dam (Wisconsin-Minnesota boundary waters) rather than the river in its entirety. This section also reduces the daily bag limit for panfish on the St. Croix River from the St. Croix Falls Dam downstream to Prescott (Wisconsin-Minnesota boundary waters) to 15 in total for sunfish and bluegills combined and 15 of each for crappies and yellow perch. This new regulation is anticipated to provide a sustainable fishery with high catch rates of quality panfish and may distribute seasonal harvest among a broader group of anglers. This section also lowers the bag limit for white and yellow bass combined on the St. Croix River from the St. Croix Falls Dam downstream to Prescott (Wisconsin-Minnesota boundary waters) to 10 in total while maintaining the daily bag limit of 25 for rock bass. White bass are an important component of the St. Croix River fish community, and are highly targeted seasonally by anglers that want to harvest fish and anglers that want to catch more quality-sized fish. This regulation is being pursued in conjunction with the Minnesota Department of Natural Resources and is consistent with the Mississippi River regulation. This section also limits the white and yellow bass regulation of 25 in total to the upper St. Croix River upstream of the St. Croix Falls Dam (Wisconsin-Minnesota boundary waters) rather than the regulation applying to the river in its entirety.
SECTION 78 limits the catfish regulation of a daily bag limit of 10 in total to the upper St. Croix River and St. Louis River (Wisconsin-Minnesota boundary waters) rather than applying the regulation to the entire St. Croix River boundary waters. The lower St. Croix River catfish regulation will change in SECTION 79.
SECTION 79 changes the catfish regulation on waters of the St. Croix River (Wisconsin-Minnesota boundary waters) from the St. Croix Falls dam downstream to Prescott to a daily bag limit of 5 for channel catfish and 2 for flathead catfish, and no minimum length limit except only one channel and one flathead catfish over 24 inches may be kept. This regulation may improve the number of trophy-sized fish in the population and would be implemented in conjunction with the Minnesota Department of Natural Resources.
SECTION 81 establishes a fish refuge on the St. Croix River from the state highway 8 bridge upstream to the St. Croix Falls Dam (Wisconsin-Minnesota boundary waters) from March 1 to June 1 to protect spawning fish on this segment of the Wisconsin River. This fish refuge is being pursued in conjunction with the Minnesota Department of Natural Resources. This section also establishes a fish refuge on the Illinois-Fox River from Madison Street in Waukesha upstream to the Barstow Dam from March 1 to May 1, which has been requested by stakeholders to protect spawning game fish and will also simplify law enforcement efforts to protect fish on this section of the river.
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. If Held, Summary of Comments Received During Preliminary Comment Period
and at Public Hearing on the Statement of Scope:
The department was not required to hold a preliminary public hearing on this rule.
8. Comparison with Similar Rules in Adjacent States:
Individual state agencies are responsible for managing fisheries within their state boundaries and each jurisdiction has its own decision-making process. Wisconsin’s approach to fisheries management and regulations are comparable to that of surrounding states. Additionally, Wisconsin works with the natural resources agencies of neighboring states when proposing rules relating to fishing in shared boundary waters. The St. Croix River regulation changes described in this rule are also proposed for the Minnesota side of the river, and the Minnesota Department of Natural Resources will be pursuing their rule change on a similar timeline as Wisconsin.
9. 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 the diverse 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.
The regulation proposals included in this rule are based on biological surveys and analyses conducted by fisheries 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. This rule contains two notable statewide-level regulation changes standardizing the muskellunge season structure and reducing the standard walleye daily bag limit from 5 in total to 3 in total (inland waters only). These proposals both received public support as advisory questions at the 2022 spring fish and wildlife hearings prior to being developed as rule changes. The muskellunge season structure change would simplify regulations while providing additional muskellunge fishing opportunities in northern Wisconsin, where the musky season currently does not open until the Saturday nearest Memorial Day. This change would also specify that the season would run through December 31 during open water only, as is the case in northern Wisconsin; this aspect of the proposal aims to prevent exposure-related mortality that occurs more often during ice fishing.
The walleye bag limit reduction stems from the department’s review of walleye management in Wisconsin through the update of Wisconsin’s Walleye Management Plan. During the planning process, the department held multiple regional public input meetings to gauge anglers’ preferences for walleye management and regulations. Over 5000 stakeholders participated in the management plan update process. In addition, a majority of anglers surveyed on southern Wisconsin walleye regulations as part of this process supported the daily bag limit of 3 in total over the current 5-fish daily bag limit. Much of northern Wisconsin already follows a daily bag limit of 3 in total or less for walleye, as do some counties in southern Wisconsin. A bag limit reduction is a proactive approach to managing angling pressure on walleyes in light of changing environmental conditions while also simplifying regulations across the state.
This rule also contains several fishing regulation changes on the lower St. Croix River for which the department is collaborating with the Minnesota Department of Natural Resources. These regulations have not been updated in several decades and have generally been more permissive than inland regulations. However, due to changes in habitat and fishing pressure, regulation updates are needed to maintain these sustainable fish populations while continuing to provide good fishing opportunities for St. Croix River anglers on both the Wisconsin and Minnesota sides of the river. In most cases, these regulations will also mirror those for the Mississippi River Wisconsin-Minnesota boundary waters, which were updated in 2020.
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.
10. Analysis and Supporting Documents Used to Determine the Effect on Small Business or in Preparation of an Economic Impact Report:
The department does not expect an economic impact or change directly related to implementing these rule changes (less than $50,000, minimal to no economic impact). The proposed rule will primarily affect recreational anglers, but will not impose any costs on anglers or fishing-related businesses. Fishing regulations are already in place for waters of the state, and this rule is intended to continue protection and enhancement of the state’s fish resources by adjusting regulations on specific waters where there is a management need. One purpose of the rule is to help maintain the general, beneficial economic impact of fishing throughout Wisconsin. Updated fishing regulations will also help ensure the sustainability of fish populations for the continued benefit of anglers and the fishing economy into the future.
The department will prepare an economic impact analysis and solicit public input to determine if any individuals, businesses, local governments, or other entities expect to be adversely affected economically by the rule.
11. Effect on Small Business (initial regulatory flexibility analysis):
The proposed rule would not impose any reporting requirements on small businesses, nor are any design or operational standards contained in the rule. The rule would not allow for the potential to establish a reduced fine for small businesses, nor would it establish “alternative enforcement mechanisms” for “minor violations” of administrative rules made by small businesses.
13. Place where comments are to be submitted and deadline for submission:
Written comments may be submitted at the public hearings, by regular mail, or email to:
Meredith Penthorn
Department of Natural Resources, FH/4
P.O. Box 7921
101 S. Webster St.
Madison, WI 53707
608-316-0080
Comments may be submitted to the department contact person listed above or to DNRAdministrativeRulesComments@wisconsin.gov until the deadline given in the upcoming notice of public hearing. The notice of public hearing and deadline for submitting comments will be published in the Wisconsin Administrative Register and on the department’s website, at https://dnr.wi.gov/calendar/hearings/. Comments may also be submitted through the Wisconsin Administrative Rules Website at https://docs.legis.wisconsin.gov/code/chr/active. RULE TEXT
Section 1 NR 20.20 (1) (c) 1. and (g) 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) |
(1) ADAMS (for species or waters not listed, see sub. (73)) |
(c) Muskellunge | 1. Wisconsin river including sloughs, bayous and flowages upstream to the first dam or highway bridge | a. Hook and line | First Saturday in May to December 31 on open water | 1 | 50 |
(g) Walleye, sauger and hybrids | 1. Wisconsin river including sloughs, bayous and flowages upstream to the first dam or highway bridge | a. Hook and line | Continuous | 53 in total | 15 except the possession of fish from 20 to 28 is prohibited and only 1 fish may be longer than 28 |
Section 2 NR 20.20 (2) (c) 1. and (h) 3. 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) |
(2) ASHLAND (for species or waters not listed, including Lake Superior, see sub. (73)) |
(c) Muskellunge | 1. Day lake, East Twin lake, English lake, Mineral lake, Potter lake, Spider−Moquah chain of lakes (Spider lake and Moquah lake combined), Spillerburg lake | a. Hook and line | Saturday nearest Memorial day First Saturday in May to December 31 on open water | 1 | 28 |
(h) Walleye, sauger and hybrids | 3. All tributaries and connected sloughs to Lake Superior | a. Hook and line | First Saturday in May to the first Sunday in March | 53 in total | 15 but only 1 may be longer than 20 |
Section 3 NR 20.20 (3) (b) 1. 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) |
(3) BARRON (for species or waters not listed, see sub. (73)) |
(b) Muskellunge | 1. Rice lake, Stump lake | a. Hook and line | Saturday nearest Memorial day First Saturday in May to December 31 on open water | 1 | 50 |
Section 4 NR 20.20 (4) (d) 1. 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)) |
(d) Muskellunge | 1. Jackson lake, Namekagon lake (including Garden lake) | a. Hook and line | Saturday nearest Memorial day First Saturday in May to December 31 on open water | 1 | 50 |
Section 5 NR 20.20 (5) (a) 2. is created to read:
county and species | WATERS | AUTHORIZED METHODS | OPEN SEASON (both dates inclusive) | DAILY BAG LIMIT | MINIMUM LENGTH OR OTHER SIZE RESTRICTIONS (INCHES) |
(5) BROWN (for species or waters not listed, including Green Bay and its tributaries not specified in this subsection, see sub. (73)). |
(a) All species | 2. Unnamed pond (44.61710° N, 88.06849° W), village of Suamico | a. Hook and line | Continuous but only persons under 16 years of age or disabled pursuant to s. 29.193 (3) (a), (b) or (c), Stats., may fish from the second Saturday in March to, but not including, the last Saturday in April | 1 largemouth bass, smallmouth bass, northern pike, walleye, sauger or hybrid in total; 10 panfish and bullheads in total; 3 trout and salmon in total; None for rough fish | None |
