The scope statement for this rule, SS 115-19, was published in Administrative Register 768A1 on December 2, 2019 and was adopted by the Natural Resources Board on January 21, 2020. The final rule was approved by the Governor on August 26, 2021. ORDER OF THE STATE OF WISCONSIN NATURAL RESOURCES BOARD
AMENDING RULES
The Wisconsin Natural Resources Board proposes an order to amend NR 20.20 (44) (g) 3. relating to Minocqua Chain walleye harvest regulations. |
FH-08-21 (E)
Analysis Prepared by the Department of Natural Resources
1. Statutes Interpreted: Sections 29.014 (1) and 29.053 (2), Stats., have been interpreted as authorizing the department to make changes to Wisconsin fishing rules. 3. Explanation of Agency Authority: Section 29.014, Stats., “rule-making for this chapter,” grants the department the authority to establish and maintain open and closed seasons, bag limits, size limits and other conditions that will conserve fish populations and provide good fishing opportunities for the citizens of the state. 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. 4. Related Statutes or Rules:
Two emergency rules, FH-24-19 (E) / EmR 2004 and FH-17-20 (E) / EmR 2104, initially implemented the extension of the catch-and-release season for walleye on the Minocqua Chain of Lakes. A permanent rule, FH-25-19 / CR 20-066, is under the final stages of promulgation to address longer-term walleye harvest regulations on the Minocqua Chain, including continuation of the catch-and-release season until 2025 followed by sustainable size and bag limits for walleye. 5. Plain Language Analysis:
This emergency rule will extend the existing catch-and-release regulation on the Minocqua Chain of Lakes (consisting of Kawaguesaga, Minocqua, Mid, Little Tomahawk and Tomahawk lakes), as a continuation of policy established through emergency rules FH-24-19 (E) / EmR 2004 and FH-17-20 (E) / EmR 2104. The catch-and-release regulation had an original sunset date of April 2020. The permanent rule (FH-25-19 / CR 20-0660 has been adopted by the Natural Resources Board, and this emergency rule is only needed to maintain the catch-and-release regulation for approximately 2-3 months while the permanent rule is completing legislative review and the final steps of the promulgation process.
This rule extends the zero bag limit and defines the size limit as “none, catch and release only.” Once a permanent rule is promulgated, it would supersede the emergency rule, with the catch-and-release regulation extended through April 1, 2025, followed by a limited harvest regulation based on the most current walleye population data and angler preferences.
The Lac du Flambeau Tribe has also committed to maintaining a catch-and-release regulation for tribal fishers as long as the state has the same regulation in place. If this regulation lapses, the size and bag limit will increase potentially unsustainably for state anglers, and tribal members will be able to harvest and spear walleye on the Minocqua Chain. Increased harvest from all parties could decimate the Minocqua Chain walleye population.
6. Summary of, and Comparison with, Existing or Proposed Federal Statutes and Regulations:
No federal regulations apply. States possess inherent authority to manage the fishery and wildlife resources within their boundaries, except insofar as preempted by federal treaties and laws, including regulations established in the Federal Register.
7. If Held, Summary of Comments Received During Preliminary Comment Period
and at Public Hearing on the Statement of Scope:
The department was not directed to hold a preliminary public hearing on the statement of scope for this rule.
However, during the permanent rule hearing and comment period, the department received spoken and written comments mostly in support of continuing the catch-and-release regulation. During the public hearing stage of this rule, the department received three spoken comments (2 in favor of the rule, 1 not stating a position) during the public hearing, 2 written comments in favor of the rule, 2 written comments opposed to the rule, and 1 written comment not stating a position on the rule. In addition, public questionnaires in 2019 and 2020 indicated support for extending the catch-and-release regulation, with about 90% support in 2019 (435 respondents) and 68% support in 2020 (323 respondents).
8. Comparison with Similar Rules in Adjacent States:
Fisheries management rules are generally similar in the states surrounding Wisconsin. Each bordering state regulates fishing by the use of seasons, bag limits and size limits. Specific seasons and bag and size limits may differ for species among the surrounding states, but the general principles are the same. Michigan, Minnesota, Iowa, and Illinois all have statewide seasons and bag and size limits for fish species, along with special or experimental regulations on individual waters.
Notably, Minnesota established a catch-and-release-only regulation for walleye on Mille Lacs to address walleye population decline and low walleye recruitment. The catch-and-release-only season was in effect for three years. The Minnesota DNR manages Mille Lacs jointly with the Ojibwe tribes, similar to the cooperative approach for managing the Minocqua Chain by the Wisconsin DNR and Ojibwe tribes.
9. Summary of Factual Data and Analytical Methodologies Used and How Any Related Findings Support the Regulatory Approach Chosen:
The Minocqua Chain is comprised of 6 lakes and encompasses just over 5,880 acres of water. Gamefish species include musky, walleye, largemouth and smallmouth bass, and northern pike. Panfish species include bluegill, black crappie, yellow perch, and pumpkinseed. The chain is centered on the Town of Minocqua and receives a great deal of pleasure boat traffic and fishing pressure, due to the area being a highly regarded tourist destination.
Historically, walleye reproduced naturally on Lakes Minocqua and Kawaguesaga (Tomahawk has a long history of walleye stocking); however, recruitment failures were documented in these lakes through the mid-2000s with a commensurate decline in adult walleye numbers. A comprehensive stocking plan was initiated for Lakes Minocqua and Kawaguesaga beginning in 2012 which included stocking large fingerling walleye in odd-numbered years. In even-numbered years, Lake Tomahawk receives large fingerling walleye.
A stakeholder group has been monitoring this fishery closely over the past 5 years. This group developed a management plan with specific goals to be met by 2025. The plan defined a goal of 3 adult walleye per acre in Lakes Minocqua and Kawaguesaga lakes by 2021 and 2 adult walleye per acre in Lake Tomahawk by 2021. Additionally, the plan identified a natural reproduction benchmark of 10 – 15 young-of-year walleye captured per mile of shoreline on all lakes in the chain. A ‘catch and immediate release’ walleye regulation was established for the Minocqua Chain in 2015 to help achieve these goals. The department has conducted surveys of walleye populations frequently during the past several years, and the catch-and-release regulation was based on fall electrofishing data collected between 2014-2019, and walleye population estimates conducted in 2009, 2015, 2019, 2020 and 2021.
Stocking efforts and periodic monitoring of the fishery show that the chain is responding in a positive direction. A local stakeholder group with representatives from DNR Fisheries Management, Great Lakes Indian Fish and Wildlife Commission (GLIFWC), Wisconsin Valley Improvement Company, Lac du Flambeau Tribe, Walleyes For Tomorrow and three lake associations have met regularly to monitor progress on this project. By recommendation of this group, the catch-and release regulation was extended through 2021 to allow the department and partners time to discuss permanent regulation options that would be best suited to building a sustainable walleye fishery with sufficient natural reproduction and recruitment. The partner group also strongly favored continuation of the catch-and-release regulation until 2025 since the walleye population had not yet achieved natural reproduction by 2021.
10. Analysis and Supporting Documents Used to Determine the Effect on Small Business or in Preparation of an Economic Impact Report:
