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ORDER OF THE STATE OF WISCONSIN NATURAL RESOURCES BOARD
REPEALING, AMENDING, AND CREATING RULES
The Wisconsin Natural Resources Board proposes an order to repeal NR 20.20 (49) (c) 1. and (64) (d) 3.; to amend NR 20.20 (1) (c) 1. and (g) 1., (2) (c) 1. and (h) 3., (3) (b) 1., (4) (d) 1., (5) (d) 1. and (i) 1., (6) (g) 1., (7) (bm) 1., (9) (e) 1., (9) (f) 1., (11) (g) 2. and 3. and (j) 1., (13) (d) 1., (14) (d) 1., (16) (d) 1. and (h) 2., (17) (g) 1m. and (h) 1., (18) (h) 1. and 2., (20) (e) 2., (21) (c) 1., (23) (f) 1., (24) (f) 1., (25) (g) 2., (26) (c) 1., (26) (h) 3., (27) (h) 2., (28) (d) 1., (29) (c) 1. and (f) 1., (32) (f) 1., (33) (c) 1. and (g) 1., (36) (a) 1. and (e) 1., (37) (g) 1. and 4., (38) (f) 1., (39) (d) 2. and (g) 1., (42) (f) 1. and 2., (43) (a) 1. and (b) 1., (44) (c) 1., 2., 3., and 4., (45) (c) 1. and (g) 1., (47) (g) 1., (48) (b) 1r., (49) (b) 1. and (c) 2., (50) (c) 1. and 2. and (g) 1., 2., and 3., (51) (c) 1. and (h) 1., (54) (e) 3., (55) (f) 1. and (g) 1., (56) (d) 1., (g) 1., and (h) 1. and 2., (57) (e) 1. and 2. and (f) 1., 4. and 5., (59) (c) 1., (60) (d) 3m., (61) (e) 1., (62) (f) 1., (64) (d) 1. and 2., (65) (d) 1. and (g) 1., (66) (bm) 1., (70) (b) 2. and 3. and (f) 1., (71) (b) 1. and (f) 1., (72) (c) 1. and (g) 1., (73) (g) 1., 2., 3., and 4., and (o) 7, 21.04 (1) (c), (2) (a), (3) (a), (4), (4g), (4m), and (5) (a), and 23.05 (5) (e).; and to create NR 20.20 (5) (a) 2., (13) (em), (26) (c) 2., (35) (bm), (36) (b) 2., (37) (cm), (39) (d) 4., (57) (d) 2. and (f) 6., (68) (cm), 20.40 (3s), 21.04 (2) (b), (3) (a), and (5) (am), and 26.01 (49) (dm) and (68) (am) relating to changes to fishing regulations on inland, outlying and boundary waters.
FH-01-22
Analysis Prepared by the Department of Natural Resources
1. Statutes Interpreted: Section 23.09 (2) (c), Stats., is interpreted as allowing the department to designate fish refuges. 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. Sections 29.403 (1g), Stats., is interpreted as allowing the department to regulate fishing tournaments.
2. Statutory Authority: Sections 23.09 (2) (c), 29.014 (1), 29.041, 29.053 (2), and 29.403 (1g), Stats., authorize these rules.
3. Explanation of Agency Authority: Section 23.09 (2) (c), Stats., provides that the department may designate fish refuges to secure the perpetuation and adequate supply of any species of fish and provide safe retreats in which fish may breed and replenish adjacent fishing waters.
The department is directed under s. 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.
Section 29.403 (1g), Stats., requires the department to authorize and create rules regulating fishing tournaments, including the overall scope of the tournament program.
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. The department utilizes the annual Spring Fish and Wildlife Hearings, held annually statewide, to gain broad public feedback from outdoor recreators on standard fishing regulation change proposals. Specifically, these rules would accomplish the following:
SECTIONS 1, 2, 6, 11, 15, 28, 30, 44, 54, 68, and 69 apply a new standard statewide season structure for musky running from the first Saturday in May to December 31 on open water to inland, outlying and boundary waters of the state, and apply a new standard daily bag limit of 3 in total for walleye, sauger and hybrids for waters with a current daily bag limit of 5 in total to various inland waters of the state.
SECTIONS 3, 4, 8, 10, 12, 19, 23, 37, 42, 43, 47, 51, 53, 56, 58, 64, 65, 70, and 80 apply the new standard statewide season structure for musky running from the first Saturday in May to December 31 on open water.
SECTION 5 creates a new urban fishing pond in the village of Suamico to provide community fishing opportunities.
SECTION 7, 14, 16, 17, 18, 20, 21, 22, 25, 26, 27, 29, 36, 40, 41, 45, 50, 52, 61, 67 and 71 apply the new standard daily bag limit of 3 in total for walleye, sauger and hybrids for waters with a current daily bag limit of 5 in total to inland waters.
SECTION 9, 17, and 53 change the walleye regulation for Lake Wissota and associated waters of the lower Chippewa River to a 13-inch minimum length limit and protected slot of 16-24 inches with only one over 24 inches allowed for harvest, and a daily bag limit of 3. The current 14-18-inch protected slot limit is not fulfilling the desired management goals of maintaining a quality size structure of walleyes in these waters.
SECTION 13 reduces the daily bag limit for panfish on Lake Mendota to 10 in total to reduce angling pressure and allow more panfish to survive to larger sizes.
SECTION 16, 46, and 59 modify the trout regulation for Pine, North Pine and Cady creeks in Dunn, Pierce, and St. Croix counties to a daily bag limit of 5 in total for brown and rainbow trout with immediate release of brook trout, and no size limit for brown and rainbow trout, to facilitate greater angler harvest of brown and rainbow trout while preventing further decline of native brook trout in the stream.
SECTION 22 changes the panfish regulation on Blackhawk Lake in Iowa County to a daily bag limit of 10 in total.
SECTION 24 increases the size limit for musky on the Turtle-Flambeau Flowage in Iron and Vilas counties and associated waters to a 50-inch minimum length limit to provide trophy musky fishing opportunities, and also applies the new standard musky season structure to these waters running from the first Saturday in May to December 31 on open water.
SECTIONS 31, 35, and 50 apply a 50-inch minimum length limit for musky to a section of the Wisconsin River that currently is set at the statewide 40-inch length limit to provide trophy musky fishing opportunities. These sections also include the new statewide season structure for musky running from the first Saturday in May to December 31 on open water.
SECTION 32 establishes a minimum length limit of 18 inches and daily bag limit of one for bass in Wilke Lake, Manitowoc County, to improve the numbers of predatory fish in the lake. This will help maintain a quality bass fishery while increasing predation on overabundant bluegills to provide a balanced panfish fishery with good size structure.
SECTION 33 establishes a 25-35-inch protected slot limit and daily bag limit of 2 for northern pike in Wilke Lake to provide a quality pike fishery with opportunities to harvest both small and large pike while reducing densities of smaller pike.
SECTION 34 utilizes the 18-inch minimum length limit and daily bag limit of 3 regulation for walleye, sauger and hybrids on Wilke Lake to increase the number of walleyes in the lake, which will increase predation pressure on overabundant panfish to help improve the panfish fishery and potentially improve walleye size structure.
SECTION 38 establishes a daily bag limit of 5 with no size limit for northern pike on the White River system in Marquette County to increase harvest opportunities for anglers and provide a consumptive fishery.
SECTION 39 establishes a northern pike regulation of a 25-35-inch protected slot and daily bag limit of 2 for Wood Lake in Marquette County to provide both consumptive and trophy harvest opportunities for pike.
SECTION 42 adds Rost and Westcott lakes in Oconto County to the no minimum length limit and daily bag limit of 5 in total bass regulation to provide harvest opportunity and potentially reduce overabundant bass to improve growth rates.
SECTIONS 48 and 49 change the northern pike regulation for Largon Lake in Polk County to a minimum length limit of 26 inches and a daily bag limit of 2 to maintain a quality size structure while allowing for more angler harvest than the current regulation of a minimum length limit of 32 inches and daily bag limit of 1.
SECTION 51 changes the walleye regulation for the Jump River and its tributaries (part of the Lake Wissota regulation change) to a 13-inch minimum length limit and protected slot of 16-24 inches, with only one over 24 inches allowed for harvest, and a daily bag limit of 3. The current 14-18-inch protected slot limit is not fulfilling the desired management goals of maintaining a quality size structure of walleyes in these waters.
SECTION 54 revises the trout regulation on Beaver Creek and a portion of Dell Creek to a daily bag limit of 5 brown and rainbow trout in total with all brook trout being immediately released, and no size limit for brown and rainbow trout, while maintaining the artificial lure-only designation for these waters. This trout regulation would allow harvest of multiple sizes of brown and rainbow trout while protecting native brook trout. This section also corrects the season end date for these waters, which should align with the current statewide Oct. 15 trout harvest season end date.
SECTION 55 establishes a special experimental regulation for northern pike on the Tiger Cat chain of lakes, Spider chain of lakes, the Chippewa Flowage and Lake Chippewa, and the Lac Courte Oreilles chain of lakes, consisting of a daily bag limit of 10 and no size limit. Pike are not native to these waters, and overabundant pike may be excessively competing with muskies in these waters. This regulation is accompanied by a 10-year sunset to compel evaluation of the regulation's efficacy.
SECTION 56 removes Moose Lake in Sawyer County from its current panfish regulation category and switches Island Lake and Osprey Lake in Sawyer County to an alternate year-round (rather than seasonal) experimental regulation of 15 but no more than 5 of each species for panfish, which has greater social support than the seasonal regulation. This section also applies the new standard statewide season structure for musky running from the first Saturday in May to December 31 on open water.
SECTION 57 establishes a new experimental panfish regulation for Moose Lake in Sawyer County, consisting of no minimum length limit but only one panfish over 12 inches allowed for harvest, and a daily bag limit of 5 in total. This regulation is being implemented following years of Spring Hearing citizen resolutions in support of a more restrictive panfish regulation that will reduce harvest pressure and maintain a quality size structure for crappies in particular. This regulation is accompanied by a 10-year sunset to compel evaluation of the regulation's efficacy at achieving the management goal.
SECTION 60 changes the walleye regulation for the Jump River in Taylor County (associated with Lake Wissota) to a 13-inch minimum length limit and protected slot of 16-24 inches, with only one over 24 inches allowed for harvest, and a daily bag limit of 3. The current 14-18-inch protected slot limit is not fulfilling the desired management goals of maintaining a quality size structure of walleyes in these waters.
SECTION 62 sets a minimum length limit of 50 inches and daily bag limit of 1 for Plum Lake, the Turtle-Flambeau Flowage and waters associated with the Turtle-Flambeau Flowage to provide trophy musky fishing opportunities. This section also includes the new standard statewide season structure for musky running from the first Saturday in May to December 31 on open water.
SECTION 63 removes a muskellunge regulation in Vilas County that is listed as a special regulation solely due to an obsolete cross-reference. The regulation will remain unchanged at the statewide 40-inch minimum length limit and daily bag limit of 1, which is already described in s. NR 20.20 (73), Wis. Adm. Code. This rule will also apply the new statewide musky season structure running from the first Saturday in May to December 31 on open water for waters at the statewide 40-inch minimum length limit regulation.
SECTION 64 establishes a daily bag limit of 10 in total for panfish on Turtle Lake in Walworth County to help mitigate periodic pulses of high angler use of the fishery and maintain good panfish fishing opportunities.
SECTION 66 establishes a 50-inch minimum length limit and daily bag limit of one for muskies on Pewaukee, Okauchee, Oconomowoc, and Fowler lakes, Lac LaBelle, and connecting waters between Lac LaBelle and the North Lake inlet, all in Waukesha County. This regulation will improve the trophy musky potential of these waters. The new standard statewide season structure for musky running from the first Saturday in May to December 31 on open water will also apply for these waters.
SECTION 67 adds Pearl Lake and the White River system in Waushara County to the pike regulation of a daily bag limit of 5 and no size limit, which will expand consumptive opportunities for pike, and adds Silver Lake in Waushara County to the pike regulation of a daily bag limit of 2 and a 25-35-inch protected slot, which will increase consumptive opportunities for pike and may improve size structure.
SECTION 72 requires small fishing tournaments that are exempt from the tournament permit requirement under s. NR 20.40 to self-register their event with the department. No new permitting requirements will be established for these tournaments at this time. Requiring unpermitted tournaments to register will provide data on the frequency, distribution and general impacts of unpermitted fishing tournaments across the state.
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.
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