and at Public Hearing on the Statement of Scope:
The legislature’s Joint Committee for Review of Administrative Rules did not require the department to hold a preliminary public hearing on this scope statement.
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. All of Wisconsin’s adjacent states use harvest management strategies such as open-and-closed seasons, bag limits, and length limits to manage walleye fisheries.
9. Summary of Factual Data and Analytical Methodologies Used and How Any Related Findings Support the Regulatory Approach Chosen:
Under current rule, state licensed anglers are limited to catch-and-release fishing for walleye on the Minocqua Chain until April 1, 2025, at which point the season would open to limited harvest. Walleye fishing on the Minocqua Chain has been limited to catch-and-release fishing since 2015 to restore adult walleye population densities to 3 per acre on Minocqua and Kawaguesaga lakes and 2 per acre on Tomahawk Lake; these goals were achieved in 2021, but a partner group consisting of local fishing and conservation organizations, the department, the Great Lakes Indian Fish and Wildlife Commission, and the Lac du Flambeau Band recommended extending the catch-and-release period for additional time to allow the walleye population to grow further. In the event that Tribal harvest of walleye occurs on the Minocqua Chain in 2024 pursuant to a declaration, this rule would implement a limited harvest regulation for state participants to allow all parties to benefit from the shared walleye fishery while continuing to maintain walleye abundance goals. In the absence of this rule, state fishers would remain limited to catch-and- release walleye fishing.
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
state licensed anglers and it will allow limited harvest of walleye for the first time in four years. It will not impose any costs on anglers or fishing-related businesses. It may result in additional fishing pressure in the Minocqua area and additional economic activity which will be beneficial to local businesses.
The prohibition of harvesting walleyes will sunset automatically in 2025. Because a sunset is already established in administrative code, it will not be necessary to promulgate a permanent rule or prepare an economic impact analysis.
11. Effect on Small Business (initial regulatory flexibility analysis):
Any impacts from implementing this rule will be positive, as this rule will allow for limited angler harvest of walleye rather than anglers remaining limited to catch-and-release fishing for walleye. Small businesses that guide anglers in fishing for walleye may benefit for similar reasons.
13. Place where comments are to be submitted and deadline for submission:
Comments may be submitted to the department contact person listed above or to DNRAdministrativeRulesComments@wisconsin.gov until the deadline given in an upcoming notice of public hearing which will be held within 45 days of adoption of this emergency rule. The notice of public hearing and deadline for submitting comments will be published in the Wisconsin Administrative Register and on the department’s website, at https://dnr.wi.gov/calendar/hearings/. Comments may also be submitted through the Wisconsin Administrative Rules Website at https://docs.legis.wisconsin.gov/code/emergency_rules/active. RULE TEXT
Section 1. NR 20.20 (44) (g) 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) |
(g) Walleye, sauger and hybrids | 3. Clear lake, Katherine lake, Minocqua chain (Jerome lake, Kawaguesaga lake, Mid lake, Minocqua lake, Mud lake, Minocqua thoroughfare, Tomahawk thoroughfare, Little Tomahawk lake, Tomahawk lake, and connecting waters combined) | a. Hook and line | First Saturday in May to the first Sunday in March | 0, catch and release only, until April 1, 2025, when it becomes 1 in total | On April 1, 2025, the size limit becomes 18 except the possession of fish between from 22 and to 28 is prohibited |
Section 2. NR 20.20 (44) (g) 6. is repealed.
Section 3. Statement of Emergency. The department finds that an emergency rule is necessary to preserve the general public welfare and peace by allowing state anglers to fully participate in the shared walleye fishery on the Minocqua Chain of Lakes in Oneida County. Pursuant to treaties signed between the six Wisconsin bands of Lake Superior Ojibwe and the United States and affirmed by Lac Courte Oreilles v Voigt, 700 F. 2d 341 (7th Cir. 1983), the bands have the right to harvest fish from off-reservation waters, including the Minocqua Chain of Lakes, using efficient methods such as spearing and netting. The Lac du Flambeau Band of the Lake Superior Ojibwe may declare its intent to permit members to harvest walleyes on the Minocqua Chain in 2024. In the event that tribal take occurs, allowing a limited state harvest as well will promote fair and equitable use of the walleye resource during the 2024 fishing season. Section 4. Effective Date. This rule takes effect upon publication in the official state newspaper, as provided in s. 227.24(1)(c), Stats. Section 5. Board adoption. This rule was approved and adopted by the State of Wisconsin Natural Resources Board on May 2, 2024.
Dated at Madison, Wisconsin _____________________________.
STATE OF WISCONSIN
DEPARTMENT OF NATURAL RESOURCES
BY ______________________________________
Steven Little, Deputy Secretary
