SECTION 63 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 downstream of the dam as well. 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 downstream of the dam as well.
SECTION 64 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 65.
SECTION 65 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 66 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 15 to protect spawning fish on this segment of the 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. Department staff specialists in Fisheries Management, Law Enforcement, and Legal Services review all proposals for justification, enforceability, and completeness.
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 one notable statewide-level regulation reducing the standard walleye daily bag limit from 5 in total to 3 in total (both changes proposed for inland waters only). This proposal received public support as an advisory question at the 2022 spring fish and wildlife hearings prior to being developed as a rule change. 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 5,000 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.
This rule also contains over 40 size and bag limit regulation changes to waters primarily of local interest. The majority of these proposals apply an alternate fisheries management toolbox regulation to specific waters of the state to create consistency in regulation types while maintaining diverse fishing opportunities across the state and responding to public desires for fishing regulation changes.
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 prepared an economic impact analysis and solicited public input to determine if any individuals, businesses, local governments, or other entities expect to be adversely affected economically by the rule. The department received no comments on economic impacts of implementing or complying with this 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:
A public comment period on the draft rule occurred from March 20 to April 14, 2023, with a public hearing on April 12, 2023.
RULE TEXT
Section 1 NR 20.20 (1) (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) |
(1) ADAMS (for species or waters not listed, see sub. (73)) |
(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) (h) 3. 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) |
(2) ASHLAND (for species or waters not listed, including Lake Superior, see sub. (73)) |
(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 (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 4 NR 20.20 (5) (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)). |
(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 5 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 6 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 7 NR 20.20 (11) (g) 2. and 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) |
(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 |
Section 8 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 9 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 10 NR 20.20 (16) (h) 2. is amended to read:
