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 NoteNote: “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 HistoryHistory: 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(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 HistoryHistory: 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 20.38NR 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)(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.