CR 23-009 Rule Text

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.

12. Agency Contact Person: Meredith Penthorn, Fisheries Management Policy Specialist, [e-mail], 608-316-0080

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

[e-mail]

608-316-0080

Comments may be submitted to the department contact person listed above or to [e-mail] 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

Section 6   NR 20.20 (5) (d) 1. and (i) 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)

(5) BROWN (for species or waters not listed, including Green Bay and its tributaries not specified in this subsection, see sub. (73)).

(d) Muskellunge

1. Fox river upstream from DePere dam

a. Hook and line

Saturday nearest Memorial Day First Saturday in May to December 31 on open water

1

50

(i) Walleye, sauger and hybrids

1. Fox river upstream from DePere dam

a. Hook and line

Continuous

53 in total

None, pursuant to s. NR 20.35

Section 7   NR 20.20 (6) (g) 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)

(6) BUFFALO (for species and waters not listed, see sub. (73))

(g) Walleye, sauger and hybrids

1. Chippewa river upstream from the Burlington Northern and Santa Fe railroad bridge including sloughs, bayous, flowages and streams flowing into the Chippewa river from their mouths up to the first highway or railroad bridge

a. Hook and line

Continuous

53 in total

15

Section 8   NR 20.20 (7) (bm) 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)

(7) BURNETT (for species or waters not listed, see sub. (73))

(bm) Muskellunge

1. Namekagon river from the Trego dam to the confluence with the St. Croix river

a. Hook and line

Saturday nearest Memorial day First Saturday in May to December 31 on open water

1

50

Section 9   NR 20.20 (9) (e) 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)

(9) CHIPPEWA (for species or waters not listed, see sub. (73))

(e) Walleye, sauger and hybrids

1. The daily bag limit and length restrictions apply separately to each of the following sections of the Chippewa river and its impoundments and tributaries upstream to the first dam or lake: upstream from Dells Pond dam (including Dells Pond) in Eau Claire county to Chippewa Falls Flowage dam, upstream from Chippewa Falls Flowage dam to Lake Wissota dam, upstream from Lake Wissota dam (including Lake Wissota) to Old Abe Flowage dam in Jim Falls including Yellow river upstream to the Suetlik dam at Cadott, upstream from Old Abe Flowage dam in Jim Falls (including Old Abe Flowage) to Cornell Flowage dam, upstream from Cornell Flowage dam (including Cornell Flowage) to Lake Holcombe dam, upstream from Lake Holcombe dam (including Lake Holcombe) to the Arpin dam in Sawyer county including the Flambeau river upstream to the Thornapple flowage dam in Rusk county; Jump river and its tributaries upstream to the first dam or lake

a. Hook and line

First Saturday in May to the first Sunday in March

3 in total

None except the possession of fish from 14 to 18 is prohibited and only 1 fish may be longer than 18 13 except the possession of fish from 16 to 24 is prohibited and only 1 fish may be longer than 24

Section 10   NR 20.20 (9) (f) 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)

(9) CHIPPEWA (for species or waters not listed, see sub. (73))

(f) Muskellunge

1. Holcombe flowage, Lake Wissota

a. Hook and line

Saturday before Memorial day First Saturday in May to December 31 on open water

1

50

Section 11   NR 20.20 (11) (g) 2. and 3. and (j) 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)

(11)   COLUMBIA (for species and waters not listed, see sub. (73))

(g) Walleye, sauger and hybrids

2. Columbia lake, Baraboo river, Fox river downstream from the westerly crossing of highway 33 at Portage, Crawfish river

a. Hook and line

Continuous

53 in total

15

3. Lower Wisconsin river upstream from the Prairie du Sac dam

a. Hook and line

Continuous

53 in total

15 minimum but the possession of fish from 20 to 28 is prohibited and only 1 fish may be longer than 28

(j) Muskellunge

1. Wisconsin river including Lake Wisconsin

a. Hook and line

First Saturday in May to December 31 on open water

1

50

Section 12   NR 20.20 (13) (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)

(13) DANE (For species or waters not listed, see sub. (73))

(d) Muskellunge

1. Wingra lake, Monona lake, Waubesa lake, Upper Mud lake, Yahara river from Tenney locks downstream to Babcock dam, Nine Springs creek, Swan creek, Wingra creek, Starkweather creek, Wisconsin river downstream to the U.S. highway 12 bridge

a. Hook and line

First Saturday in May to December 31 on open water

1

50

Section 13   NR 20.20 (13) (em) 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)

(13) DANE (For species or waters not listed, see sub. (73))

(em) Panfish

1. Mendota lake

a. Hook and line

Continuous

10 in total

None

Section 14   NR 20.20 (14) (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)

(14) DODGE (for species or waters not listed, see sub. (73))

(d) Walleye, sauger and hybrids

1. Lost lake, Sinnissippi lake, Rock river, Horicon marsh, Crawfish river, Beaver Dam river downstream from the dam in the city of Beaver Dam, Rubicon river, Waterloo (Maunesha) creek, Wildcat river

a. Hook and line

Continuous

53 in total

15

Section 15   NR 20.20 (16) (d) 1. and (h) 2. 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)

(16) DOUGLAS (for species or waters not listed, including Lake Superior, see sub. (73)). Note: Allouez bay, Little Pokegama bay, Kimballs bay and Pokegama bay are considered part of the St. Louis river, a Wisconsin−Minnesota boundary water. See sub. (73). The Nemadji river is an inland water that is contiguous with these Wisconsin−Minnesota boundary waters but is regulated under this subsection.

(d) Muskellunge

1. Nemadji river

a. Hook and line

Saturday nearest Memorial day First Saturday in May to December 31 on open water

1

50

(h) Walleye, sauger and hybrids

2. Tributaries to Lake Superior and their connected sloughs upstream to the first dam or lake

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