Chapter NR 26

Chapter NR 26

FISH REFUGES

NR 26.01   Fish refuges.

NR 26.02   Lake Superior Fish refuges.

NR 26.03   Establishment of temporary fish refuges.

Ch. NR 26 Note Note: Section 23.09, Stats., provides statutory authority for this chapter.

Ch. NR 26 Note Note: Ch. NR 26 was repealed and created effective January 1, 1977 Register December 1976 No. 252. Ch. NR 26 was repealed and recreated by CR 15-023 effective January 1, 2016 Register December 2015 No. 720.

NR 26.01 NR 26.01 Fish refuges. The following areas are created and established as fish refuges and it shall be unlawful for any person or persons to take, disturb, catch, capture, kill, or fish for fish in any manner at any time listed, including the start and end dates, each year in, on, or along the following described water areas.

NR 26.01 History History: CR 15-023: cr. Register December 2015 No. 720, eff. 1-1-16; correction in (64) (d) made under s. 35.17, Stats., Register December 2015 No. 720; CR 17-051: cr. (16) (br), Register March 2018 No. 747 eff. 4-1-18; CR 19-016: am. (5) (a), cr. (15) (e) Register March 2020 No. 771, eff. 4-1-20; CR 21-058: am. (55) (a) Register March 2022 No. 795, eff. 4-1-22; CR 23-009: cr. (49) (dm), (68) (am) Register February No. 818, eff. 3-1-24; CR 23-058: am. (15) (d), (55) (b), cr. (68) (am) Register June 2024 No. 822, eff. 7-1-24; (68) (am) renumbered to (68) (ag) under s. 13.92 (4) (b) 1., Stats., Register June 2024 No. 822; EmR2318: emerg. cr. (41), eff. 12-7-23; CR 24-002: cr. (41), (45), (69) (e) to (g) Register July 2024 No. 823, eff. 8-1-24.

NR 26.02 NR 26.02 Lake Superior Fish refuges. In order to prevent substantial depletion of the fish supply, the following spawning areas and nursery areas in Lake Superior are created and established as fish refuges and no person may take, catch, capture, kill, or fish for fish in any manner at any time in, on, or along the following described water areas:.

NR 26.02(1) (1) All waters bounded by a line from the Gull Island light south to the northernmost point of Michigan Island and then proceeding in a southerly direction following the shoreline of Michigan Island to the Michigan Island light, then southerly towards the center of the mouth of the Bad river in Ashland county to latitude 46° 40’, then due east to the Michigan state line; then northerly along the state line to latitude 46° 59.3’; from that point due west to longitude 90° 26.5’ and then due south to the Gull Island light.

NR 26.02(2) (2) All waters in which the bottom lies at a depth of less than 35 fathoms northerly from a line beginning 2 miles north of the Outer island light and extending westerly to the north end of North Twin island, then along the shoreline to the south end of North Twin island, then southwesterly to the north end of South Twin island, then northerly to the north end of Rocky island, then along the north shoreline to the northwest point of Rocky island, then northwesterly to the south end of Devils island, then along the shoreline to the north end of Devils island, then westerly to a point 2 1/2 miles north of the York Island Shoal bell buoy. The area within the refuge south of a line running northwesterly from the north tip of Devils Island to the refuge’s western boundary, then due south to the southwest corner of the refuge and back to the north tip of Devils Island shall be open to sport and commercial fishing during period 3 (June 1 to September 30).

NR 26.02(3) (3) From the outlet of the cooling water discharge of the Northern States Power Company in the city of Ashland to a line located 50 feet in all directions from the outlet, from March 1 to May 15.

NR 26.02 History History: CR 15-023: cr. Register December 2015 No. 720, eff. 1-1-16; EmR1804: emerg. am. (1), eff. 2-6-18;CR 17-071: am. (1), Register June 2018 No. 750 eff. 7-1-18.

NR 26.03 NR 26.03 Establishment of temporary fish refuges.

NR 26.03(1) (1) Criteria. Pursuant to sub. (2), the department may establish a temporary fish refuge on a water or part of a water when it finds through scientific investigation, fish population monitoring, or documentation of fish movement that fish have become concentrated and vulnerable to harvest and are in need of immediate protection due to at least one of the following:

NR 26.03(1)(a) (a) A fish passage, fishway, or similar structure has been installed to allow fish to move past a barrier to access additional areas of their natural range, and continued fishing may result in a depletion of the game fish supply due to the new movement patterns of fish in or around the structure.

NR 26.03(1)(b) (b) The department has authorized a habitat or waterway project that may temporarily impact the distribution of fish in the waterbody into a smaller area.

NR 26.03(1)(c) (c) New information or a change in conditions affecting one or more fish populations in the waterbody warrants the establishment of a temporary fish refuge to address an imminent conservation need.

NR 26.03(2) (2) Procedures. Upon making a determination under sub. (1) that a temporary fish refuge is warranted, the department shall do all of the following:

NR 26.03(2)(a) (a) Prepare and distribute a notice of its intent to establish a temporary fish refuge 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 or part of the water that will be included in the temporary fish refuge, the effective date of the refuge, the proposed annual date range for the refuge, the location where the public may send comments on the proposal or request a public informational meeting, and the deadline for submitting comments or requesting a public meeting.

NR 26.03(2)(b) (b) If requested by the public in writing within 10 days of publication of the notice under par. (a), hold one or more public information meetings in the vicinity of the proposed temporary fish refuge, at which the department shall describe the factual basis for the temporary fish refuge and shall take public comments.

NR 26.03(2)(c) (c) If, based on the factual basis for the temporary fish refuge and public comments received, the department decides to proceed with establishment of the temporary fish refuge, the department shall issue an order establishing the fish refuge.

NR 26.03(2)(d) (d) Within 30 days of the order establishing the temporary fish refuge under par. (c), the department shall post notice of the fish refuge at public access sites in the vicinity of the fish refuge that shall contain the boundary descriptions of the fish refuge and the annual date range during which the fish refuge shall be in effect.

NR 26.03(3) (3) Effective period. A temporary fish refuge established under this section shall remain in effect until 3 years following the effective date of the refuge, until the end of the project, or until the department has determined that fish no longer congregate either seasonally or continuously in the area of the fish refuge, whichever occurs first. Upon discontinuing a fish refuge, the department shall publish notice of discontinuation of the fish refuge in the official state newspaper and shall remove the notices posted in the vicinity of the fish refuge.

NR 26.03 History History: CR 24-002: cr. Register July 2024 No. 823, eff. 8-1-24; correction in (3) made under s. 35.17, Stats., Register July 2024 No. 823.