Chapter NR 20

NR 20.35 NR 20.35 Alternate size and bag limits.

NR 20.35(1) (1) Purpose. Notwithstanding any provision of either ch. NR 21, 22, 23 or this chapter, for all or part of any inland, boundary or outlying water, the department may apply the alternative size limits, bag limits or both under this section for fish species identified in order to provide for better use and management of the fishery resource of the water to which the proposed alternate limit would apply.

NR 20.35(2) (2) Procedure. The department shall follow the following procedures in applying an alternate size limit or bag limit under this section:

NR 20.35(2)(a) (a) Notice. The department shall prepare and distribute a notice of its intent to apply an alternate limit under this section. The notice shall be published as a class 1 notice under ch. 985, Stats., in a general circulation newspaper in the vicinity of the water and, if the proposal has statewide significance, in the official state newspaper. A copy of the notice shall be sent to individuals and organizations which the department believes may be interested in the matter. The notice shall include a description of the water affected, the fish species affected, the alternate limit which will apply, and the date the alternate limit will take effect. The notice shall invite the public to submit written comments and indicate that a public information meeting will be held on the alternate limit if requested in writing within 10 days after the notice is published.

NR 20.35(2)(b) (b) Public information meeting. If a public information meeting is requested under par. (a), the department shall conduct the public information meeting in the vicinity of the affected water. At the meeting the department shall describe the factual basis for its intended decision and shall receive comments from the public on the matter.

NR 20.35(2)(c) (c) Determination. If, based on facts and information available to it, including comments received in response to the notice and at any public information meeting which may be held, the department concludes that a condition described in sub. (3) affects fish in a specific water, it shall apply the corresponding alternate limit. The alternate limit shall take effect upon the posting of the notice under par. (d).

NR 20.35(2)(d) (d) Posting. The department shall post notice at public access sites on the affected water that an alternate limit applies to a species of fish found in that water. The notice shall set out the name or description of the water or that part of the water to which the proposed alternate limit would apply, the species of fish affected, the corresponding alternate limit and the effective date of the alternate limit.

NR 20.35(2)(e) (e) List. The department shall maintain a current list of all waters to which an alternate limit under this section applies. The list shall be available for public inspection at the department’s central office during regular office hours.

NR 20.35 Note Note: The list will be available for review at the offices of the bureau of fisheries management and habitat protection, 101 South Webster Street, Madison, WI.

NR 20.35(3) (3) Alternate limit.

NR 20.35(3)(a) (a) Size limits. If the department finds under sub. (2) that one or more of the following conditions exists in a particular water, the corresponding alternate size limit shall apply to the named species of fish in that water.

NR 20.35(3)(a)1. 1. No size limit shall apply to walleye, largemouth bass or smallmouth bass if, for the particular species in a particular water, the department finds that at least one of the following conditions exist:

NR 20.35(3)(a)1.a. a. Angler exploitation of the species is less than 15% of the population of fish larger than the original size limit.

NR 20.35(3)(a)1.b. b. Total adult mortality for that species is less than 30% of the population.

NR 20.35(3)(a)1.d. d. Walleye males do not grow to a length of at least 13 inches in 4 years or largemouth bass or smallmouth bass do not grow to a length of at least 12 inches in 5 years in all inland waters lying north of a line following state highway 77 from its bridge over the St. Croix river then east on state highway 77 to its intersection with state highway 27, then south on highway 27 to its intersection with state highway 64, then east along highway 64 to its end, then continuing east to the waters of Green Bay or in inland waters of Brown, Kewaunee or Door counties north of a line beginning with the state highway 29 bridge over the Fox river, then east along state highway 29 to its end, then continuing east to Lake Michigan.

NR 20.35(3)(a)1.e. e. Largemouth bass or smallmouth bass do not grow to a length of at least 14 inches in 6 years in inland waters other than those identified in subd. 1. d.

NR 20.35(3)(a)2. 2. Alternate size limits may apply to walleye, largemouth bass, smallmouth bass, muskellunge, catfish, northern pike, or panfish if, for the particular species in a particular water, the department finds that at least one of the following conditions exist:

NR 20.35(3)(a)2.a. a. A lake restoration project is in place to reduce detrimental fish species that includes bio-manipulation of a waterbody through increasing the abundance and biomass of predator game fish. The department shall apply the following minimum size limits to particular species: 18-inch walleye, 18-inch largemouth or smallmouth bass, or 32-inch northern pike.

NR 20.35(3)(a)2.b. b. Fish have been removed or destroyed as a result of a rehabilitation program to reestablish a good supply of game fish. The department shall apply the following minimum size limits to particular species: 18-inch walleye, 18-inch largemouth or smallmouth bass, or 32-inch northern pike.

NR 20.35(3)(a)2.c. c. An inland water has been documented to contain detrimental species, species nonindigenous to the waters of the state, or rough fish. In order to control the population of detrimental, nonindigenous, or rough fish species and protect the native fish populations, the department shall apply the following minimum size limits to particular species: 18-inch walleye, 18-inch largemouth or smallmouth bass, or 32-inch northern pike.

NR 20.35(3)(a)2.d. d. The department finds that an evaluation of a size limit could not be completed before a sunset date listed in s. NR 20.20. The department may extend the size limit under sub. (2) and the limit shall remain the same and in full force and effect for 7 years from the date specified in s. NR 20.20 or until a permanent rule change is in place, whichever occurs first. The determination to extend a size limit sunset date under sub. (2) shall be made within two years prior to the sunset date listed in s. NR 20.20.

NR 20.35(3)(b) (b) Bag limits. If the department finds under sub. (2) that one or more of the following conditions exists in a particular water, the corresponding alternate bag limit shall apply to the named species of fish in that water. Alternate daily bag limits may apply to walleye, largemouth bass, smallmouth bass, muskellunge, catfish, northern pike, or panfish if, for the particular species in a particular water, the department finds that at least one of the following conditions exist:

NR 20.35(3)(b)1. 1. A lake restoration project is in place to reduce detrimental fish species that includes bio-manipulation of a waterbody through increasing the abundance and biomass of predator gamefish. The department shall apply the following daily bag limits to particular species: 3 walleye, 1 largemouth or smallmouth bass, 1 northern pike, or 10 panfish.

NR 20.35(3)(b)2. 2. Fish have been removed or destroyed as a result of a rehabilitation program to reestablish a good supply of game fish. The following daily bag limits shall apply to particular species: 3 walleye, 1 largemouth or smallmouth bass, 1 northern pike, or 10 panfish.

NR 20.35(3)(b)3. 3. An inland water has been documented to contain detrimental species, species nonindigenous to the waters of the state, or rough fish. In order to control the population of detrimental, nonindigenous, or rough fish species and protect the native fish populations, the department shall apply the following daily bag limits to particular species: 3 walleye, 1 largemouth or smallmouth bass, 1 northern pike, or 10 panfish.

NR 20.35(3)(b)4. 4. The department finds that an evaluation of a daily bag limit could not be completed before a sunset date listed in s. NR 20.20. The department may extend the daily bag limit under sub. (2) and the limit shall remain the same and in full force and effect for 7 years from the date specified in s. NR 20.20 or until a permanent rule change is in place, whichever occurs first. The determination to extend a daily bag limit sunset date under sub. (2) shall be made within two years prior to the sunset date listed in s. NR 20.20.

NR 20.35(3)(c) (c) Statewide size and bag limits. Upon making a determination under sub. (2), the department may establish that a general size and bag limit found in the statewide table under s. NR 20.20 (73) is in effect or, for inland trout and salmon, the county base regulation for “all waters not listed” in each county in s. NR 20.20 is in effect.

NR 20.35(3)(d) (d) Size and bag limits where fish consumption advisories have been established. The department may establish an alternate size or bag limit upon finding that one of the following conditions exist in fish sampled from a particular water: More than 10% of the fish tested of that species, in fillets with the skin on, contain .75 parts per million or more mercury, 2 parts per million or more PCB (polychlorinated biphenyl), 5 parts per million or more DDT (dichloro diphenyl trichloroethane), 5 parts per million or more Toxaphene, 0.3 parts per million or more Chlordane, or 0.3 parts per million or more Dieldrin. Upon making a determination under sub. (2) (c):

NR 20.35(3)(d)1. 1. The size limit shall be established so that it allows consumption of fish of sizes which may be consumed under the recommendations of a health guide for eating fish in Wisconsin as published on the department’s website.

NR 20.35(3)(d)2. 2. The bag limit shall be zero where the recommendation is that no fish should be consumed.

NR 20.35 Note Note: “Choose Wisely, A Health Guide for Eating Fish in Wisconsin” is a brochure that helps people plan how much fish they can safely eat. It is based on testing conducted on individual waters and also contains statewide recommendations. Printed copies may be available at department offices and the brochure is also located on the department’s website. Information in Hmong and Spanish languages is available on the department’s website.

NR 20.35(4) (4) Termination of alternate limits. Any time the department has reason to believe that the condition which led to the application of an alternate limit under this section no longer affects a species of fish in a particular water, it may remove the alternate limit by following the procedures under sub. (2) (a) to (c). Following its determination to remove an alternate limit the department shall remove or modify the posted notices of alternate limits and the original bag limit or size limit shall then apply.

NR 20.35 History History: Cr. Register, May, 1999, No. 521, eff. 6-1-99; CR 13-019: am. (3) Register December 2013 No. 696, eff. 1-1-14; correction in numbering in (3) (b) made under s. 13.92 (4) (b) 7., Stats., Register December 2013 No. 696; CR 17-012: r. (3) (a) 1. c., cr. (3) (c), (d) Register March 2018 No. 747 eff. 4-1-18; CR 19-091: am. (3) (c) Register March 2020 No. 771, eff. 4-1-20.

NR 20.36 NR 20.36 Modifications in daily bag limit and minimum size limit in response to tribal harvest.

NR 20.36(1) (1) Adjustment. In order to prevent a total harvest of more than 35% of the adult walleye population or 27% of the adult muskellunge population, the secretary may lower the daily bag limit on walleye or adjust size limits for walleye or muskellunge in specific waters in response to the harvest goals or actual harvest of the Chippewa Bands for their spear, net or trap fisheries. The adjusted daily bag and size limits shall be in effect until the first Sunday in March of the year following the tribal harvest. The safe harvest levels on individual waters shall be determined by the department.

NR 20.36(1)(a) (a) Walleyes. The daily bag limit may be reduced in response to harvest by the Chippewa Bands’ spear, net, or trap fisheries. The extent of the reduction depends upon the percent of the safe harvest taken and the age of the population estimate used to determine the safe harvest or if a regression model was used to determine the safe harvest. The daily bag limits to be used with the different percentages and for various basis of determining the safe harvest are as follows:

NR 20.36(1)(b) (b) Muskellunge. The minimum size limit will be increased when the department is notified by the Chippewa bands that their harvest goal on an individual water is 60% or more of the safe harvest. The minimum size limits to be used with different percentages of the safe harvest are as follows:

NR 20.36(2) (2) Readjustment. In response to actual tribal harvest, the secretary may raise the daily bag limit or reduce the minimum size limit to the limit specified as appropriate using the percent of the safe harvest level expected to be harvested through the first Sunday in March of the next year as indicated in sub. (1). If actual harvest subsequently exceeds the expected harvest level, the daily bag limit or the minimum size limit may be adjusted the following year to reflect actual harvest for that year and harvest goals of the Chippewa Bands for the next year. If a new population estimate is made, the safe harvest level shall be changed accordingly and the secretary may adjust the daily bag limit or minimum size limit according to the percentage of the new safe harvest level that is expected to be harvested as indicated in sub. (1), where deemed necessary to remain consistent with the safety factors established under Lac Courte Oreilles v. State of Wis., 707 F. Supp. 1034 (W. D. Wis. 1989). The readjusted daily bag and size limits shall be in effect until the first Sunday in March of the year following the tribal harvest.

NR 20.36(3) (3) Daily bag and possession limits.

NR 20.36(3)(a) (a) Reduced daily bag limits calculated pursuant to this section are individual lake limits and may be combined, but no person may exceed a total daily bag limit of 5 walleyes and no person may possess or have under control more than the possession limit of 10 walleyes.

NR 20.36(3)(b) (b) While fishing any waters with adjusted size or bag limits calculated pursuant to the provisions of this section, no person may possess fish in excess of the bag limit or of any size other than authorized for that water.

NR 20.36(4) (4) Notice. Adjustments and readjustments of bag limits and minimum size limits under subs. (1) and (2) shall become effective upon publication of the adjustment or readjustment in the official newspaper in the area affected.

NR 20.36 History History: Cr. Register, May, 1999, No. 521, eff. 6-1-99; CR 02-073: am. (3) (b), Register 2003 No. 565, eff. 2-1-03; CR 09-051: am. (1) (intro.) and (2) Register June 2010 No. 654, eff. 7-1-10; CR 13-019: am. (2) Register December 2013 No. 696, eff. 1-1-14; EmR1511 emerg. am. (1) (intro.), (a), (2), eff. 5-1-15; EmR1609 emerg. am. (1) (intro.), (a), (2), eff. 2-3-16; CR 15-042: am. (1) (intro.), (a), (2) Register March 2016 No. 723, eff. 4-1-16.

NR 20.38 NR 20.38 Control of detrimental fish. The department finds, pursuant to s. 29.424 (1), Stats., that the following fish species are detrimental in the waters specified. The department may remove them from the waters specified or cause them to be removed, pursuant to ss. 29.421 and 29.417, Stats.:

NR 20.38(1) (1) Bullheads. The department finds that bullheads are detrimental in the following waters:

NR 20.38(1)(a) (a) All waters in Barron, Burnett, Chippewa, Marathon, Oneida, Polk, Price, Rusk, Sawyer, St. Croix, Taylor, Vilas, and Washburn counties.

NR 20.38(1)(b) (b) Adams and Juneau counties. Castle Rock flowage and the Wisconsin river beginning at the Petenwell dam and extending downstream to the Castle Rock dam except for that part of the Yellow river in Castle Rock flowage locally called the Buckhorn area, upstream from the electric power transmission line across the flowage in sections 26 and 35, T17N, R4E, Juneau county.

NR 20.38(1)(c) (c) Dodge county. Beaver Dam lake and the Rock river from hwy. 49 downstream to the dam in Hustisford.

NR 20.38(1)(d) (d) Florence county. Bass, Fay, Frog, Halsey, Long (Forest county), Patten, Scout and West Bass lakes; Line and Pine river flowages.

NR 20.38(1)(e) (e) Forest county. Arbutus lake, Crane lake, Jungle lake, Lake Metonga, Lily lake, Little Rice lake, Pickerel lake, and Roberts lake.

NR 20.38(1)(f) (f) Lafayette county. Yellowstone lake.

NR 20.38(1)(i) (i) Sheboygan county. Sheboygan marsh.

NR 20.38(1)(k) (k) Wood county. Petenwell flowage and the Wisconsin river beginning at the Nekoosa dam in Wood county extending downstream to the Petenwell dam in Adams and Juneau counties.

NR 20.38(3) (3) Catfish. The department finds that catfish are detrimental in the following waters:

NR 20.38(3)(a) (a) Green Lake county. Green lake.

NR 20.38(4) (4) Panfish. The department finds that panfish are detrimental in the following waters:

NR 20.38(4)(a) (a) Washburn county. All waters in the township of Chicog.

NR 20.38(4)(b) (b) Oneida county. Crescent lake (sections 8, 16, 17, 18, 20, 21, T36N, R8E) and Stella lake.

NR 20.38(6) (6) Nonindigenous fishes. The department finds that all fish species, strains or hybrids that are not indigenous to the waters of the state are detrimental fish in all waters of the state except where their presence is specifically permitted under s. 29.736, Stats.

NR 20.38 History History: Cr. Register, May, 1999, No. 521, eff. 6-1-99; correction in (6) made under s. 13.93 (2m) (b) 7., Stats., Register September 2002 No. 561; CR 13-001: r. (2) Register August 2013 No. 692, eff. 9-1-13; CR 17-051: am. (1) (a), Register March 2018 No. 747 eff. 4-1-18; CR 23-058: am. (1) (a), (d), (e), r. (1) (g), (h), (j), (L), (3) (b), (5) Register June 2024 No. 822, eff. 7-1-24.

NR 20.39 NR 20.39 Permits for use of nonstandard minnow gear on inland waters.

NR 20.39(1) (1) The department may issue a permit under this section to a licensed bait dealer for the taking of minnows with minnow seines, minnow dip nets or minnow traps which are otherwise prohibited by s. NR 20.14. Applications shall be submitted on forms available from the department to the regional office having jurisdiction over the affected waters, and all of the following provisions shall apply to nonstandard gear permits:

NR 20.39 Note Note: The permit application form is available at https://dnr.wi.gov, search “bait harvest.

NR 20.39(1)(a) (a) The department may issue the permit if it determines that all of the conditions of this paragraph are met, and may specify conditions in the permit to minimize user conflict in the waterbodies of harvest, manage cumulative harvest of minnows from specific waterbodies, minimize bycatch, and protect fish habitat:

NR 20.39(1)(a)1. 1. For waters with adequate public access according to s. NR 1.90 (2) (a), the department shall determine if:

NR 20.39(1)(a)1.a. a. The department does not need the minnows for its fish management activities.

NR 20.39(1)(a)1.b. b. Removal of the minnows will not cause or substantially contribute to a long-term depletion of the forage base.

NR 20.39(1)(a)1.c. c. Threatened or endangered species listed in ch. NR 27 are not known to be present in or near the affected water.

NR 20.39(1)(a)1.d. d. Unique or sensitive biological values such as nesting loons or heron rookeries are not present in, on or near the affected water.

NR 20.39(1)(a)1.e. e. The use of the minnow seines, minnow dip nets or minnow traps is not likely to hinder or interfere with the exercise of a permit issued earlier in the year to another person for the water.

NR 20.39(1)(a)1.f. f. The use of the minnow seines, minnow dip nets or minnow traps is not likely to hinder or interfere with any other public uses of the water.

NR 20.39(1)(a)1.g. g. The use of the minnow seines, minnow dip nets or minnow traps is not likely to result in the spread of invasive species or diseases.

NR 20.39(1)(a)2. 2. For waters lacking adequate public access and for waters surrounded by private lands, the department shall determine if:

NR 20.39(1)(a)2.a. a. The requirements of subd. 1. a. to e. and g. are met; and

NR 20.39(1)(a)2.b. b. The applicant provided the department with the name, mailing address and telephone number of the person granting the applicant legal access to the water.

NR 20.39 Note Note: Under s. NR 19.057, a bait dealer also must have a wild harvest permit from the department to take wild minnows for use as bait.

NR 20.39(1)(b) (b) Permits issued by the department under this subsection shall:

NR 20.39(1)(b)1. 1. Include the permit holder’s name, address and bait dealer’s license number.

NR 20.39(1)(b)2. 2. Specify the water where the permit is valid.

NR 20.39(1)(b)3. 3. Describe the minnow seines, minnow dip nets or minnow traps authorized.

NR 20.39(1)(b)3m. 3m. Specify conditions on raising the traps and removing minnows.

NR 20.39(1)(b)3s. 3s. For gear set in trout streams, specify conditions limiting gear type, size or number based on stream size.

NR 20.39(1)(b)4. 4. Include an expiration date of December 31 of the calendar year in which the permit is issued, unless an earlier date is set under par. (c).

NR 20.39(1)(b)5. 5. Prohibit the removal or destruction of vegetation, logs and other habitat features.

NR 20.39(1)(b)6. 6. Require that minnows be transported only in tanks equipped with either an oxygen tank or an adequate aeration system.

NR 20.39(1)(b)7. 7. Require that transport tanks and holding facilities not be loaded beyond their capacity to keep the minnows alive and healthy.

NR 20.39(1)(b)8. 8. Require that all minnows taken under the permit be sold or used only for angling or rearing of fish in department or private fish hatcheries.

NR 20.39(1)(b)9. 9. Require that all minnows which are not kept for use or sale and all game fish caught by the minnow seines, minnow dip nets or minnow traps be promptly returned unharmed to the water.

NR 20.39(1)(c) (c) The department may require reporting of the permit holder’s activities under the permit and may set reasonable permit conditions to insure that the requirements of par. (a) are met.