Section 68 reverts Devils Creek in Rusk County to no size limit and a daily bag limit of 5 for trout, which is the county base regulation.
Sections 70 and 90 apply a protected slot and daily bag of 5 for northern pike on Dutch Hollow, Mirror and White lakes to increase the harvest of smaller pike and preserve more large pike from harvest to improve size structure.
Sections 72, 91 and 92 reduce the daily bag limit to three and increase the size limit to 18 for walleye, sauger and hybrids in waters of Shawano and Waupaca counties to enhance the quality of these stocking-dependent fisheries.
Section 81 removes the minimum length limit for bass on Smoky Lake in Vilas County and establishes a protected slot of 14 to 18 inches with one bass over 18 inches allowed for harvest. This will encourage a quality bass fishery with more abundant large bass, and is consistent with Michigan's proposed regulation. This section also creates a bass season on Plum Lake that is consistent between Wisconsin and Michigan.
Sections 83 and 84 removes the size limit for pike on Geneva Lake and applies a bag limit of 5 to increase harvest of smaller pike and improve size structure.
Section 90 revises the bass regulation on Hatch Lake in Waupaca County to a minimum length limit of 18 and a bag limit of one fish. This regulation aims to increase largemouth bass abundance and, through increased predation, decrease the abundance of bluegill to improve bluegill size and growth rates.
Section 99 increases the minimum length limit of lake sturgeon on Lake Superior to 60 inches to protect the self-sustaining population of lake sturgeon while allowing opportunity for limited harvest.
Section 105 provides that the department can, by permit, allow participants in a catch-hold-release bass fishing tournament to adhere to the statewide regulation of a 5-fish daily bag limit and 14-inch minimum length limit in lieu of special regulations, as long as the bass are released back to the water from which they were caught. This would provide flexibility to tournament participants, since some size and bag limit regulations on certain waters would result in very few fish available for entry in the tournament.
Section 107 and 114 establish Mississippi River regulations for walleye and sauger that are consistent between Wisconsin, Minnesota and Iowa and address walleye size structure issues and declining sauger abundance.
Section 108 establishes Mississippi River regulations for northern pike that are consistent between Wisconsin and Minnesota and help mitigate harvest of trophy northern pike, especially during summer and winter when pike are more concentrated.
Section 109 reduces the bag limit to 15 each for sunfish, crappies and yellow perch on the Mississippi River. A daily bag limit of 15 for each of the three types of panfish could help reduce exploitation of panfish.
Section 110 and 111 establish a bag limit of 10 for white bass to reduce harvest pressure on white bass on the Mississippi River and provide consistent regulations with Minnesota, while retaining the existing regulations for yellow and rock bass. White bass are a popular panfish species and are frequently targeted on the Mississippi River.
Section 112 reduces the bag limit for catfish on the Mississippi River to 10 combined and establishes that only one catfish over 30 inches may be harvested. These regulations would be consistent between Wisconsin and Minnesota.
Section 113 decreases the shovelnose sturgeon bag limit to 3 on the Mississippi River, which would protect shovelnose sturgeon from overharvest, particularly as demand for caviar increases, and would result in consistent regulations between Wisconsin and Minnesota.
Section 116 revises the musky season on the Wisconsin-Michigan boundary waters to run from June 1 to December 31 on open water, with an early catch-and-release season occurring from January 1 to May 31. This section also increases the minimum length limit for musky on most Wisconsin-Minnesota boundary waters to 50 inches.
Section 117 extends the time when the Fox River fish refuge in Brown County is closed so that fishing will not be allowed through the end of May, which will protect spawning lake sturgeon and musky that also occupy the area in the spring from disturbance from anglers.
Section 118 creates a fish refuge on the Mink River in Door County from early March to June 15 to protect spawning bass.
Section 119 modifies the fish refuge season on the St. Louis River to run until the Saturday nearest Memorial Day. This will help maintain the naturally reproducing walleye population and match regulations with Minnesota.
6. Summary of, and Comparison with, Existing or Proposed Federal Statutes and Regulations:
No federal regulations apply. States retain management authority over the fish and wildlife resources within state boundaries provided that state regulations do not conflict with regulations established in the Federal Register. None of these rule changes violate or conflict with the provisions established in the Federal Code of Regulations.
7. Comparison with Similar Rules in Adjacent States:
Individual state or provincial agencies are responsible for managing fisheries within their state boundaries and each jurisdiction has their own decision-making process. Wisconsin’s approach to fisheries management and our regulations are comparable to that of our surrounding states. Additionally, several items contained in this rule were developed in collaboration with the natural resources agencies of Minnesota and Michigan to improve consistency in regulations on boundary waters between the two states.
8. Summary of Factual Data and Analytical Methodologies Used and How Any Related Findings Support the Regulatory Approach Chosen:
With this rule, the department will make changes to certain fish size limits, bag limits, seasons, and other regulations related to fishing in inland, outlying, and boundary waters. Fishing regulations are in place to help meet management goals and objectives for fish populations in waters of the state. Examples include providing a trophy walleye fishery or a bass fishery that maximizes predation on smaller fishes. New regulations are proposed when management goals have changed or the department must address a critical need, such as a fish population decline.
This rule also incorporates several changes to regulations on shared boundary waters with Michigan, Minnesota and Iowa. These changes are the product of discussions between the three states and Wisconsin to achieve consistent regulations that factor in biological data and public desires for the respective fisheries. Consistent regulations contribute to a uniform management strategy for each regulated boundary water species and also reduce confusion for anglers and law enforcement officers on those waters.
The regulation proposals included in this rule are based on surveys and analyses conducted by fish biologists and input from local stakeholders and the Wisconsin Conservation Congress. All proposals are peer-reviewed for justification, enforceability, and completeness by department Bureaus of Fisheries Management, Law Enforcement, and Legal Services.
Based on the management goals for individual waters and species, the department strives to provide:
consumptive opportunities where anglers can fish for a meal from a self-sustained, slow-growing fish population;
quality and memorable opportunities where anglers can catch large fish and the density of adult fish in the populations are sustained or increased; and
trophy opportunities where anglers can catch large trophy-size fish and the survival of older and larger fish is increased. Most recreational fishing regulation changes are updated in Administrative Code every two years. Forestalling the proposed rule changes would result in less than optimal management of fish populations in the waterbodies and reduced fishing opportunities for resident and visiting anglers. However, existing regulations would remain in place to provide some level of continued protection of fish resources.
9. Analysis and Supporting Documents Used to Determine the Effect on Small Business or in Preparation of an Economic Impact Report:
It is not expected that there will be any economic impact or change directly related to these rule changes (Governor’s Executive Order 50, level 3 economic impact analysis of minimal to no economic impact less than $50,000). The proposed rule will primarily affect recreational anglers. Regulations are already in place and this rule is intended to continue protection and enhancement of the state’s fish resources. One purpose of the rule is to help maintain the general, beneficial economic impact of fishing throughout Wisconsin.
The department has prepared a preliminary economic impact analysis and will gather public comments in March, 2019 to determine if any individuals, businesses, local governments, or other entities expect to be adversely affected economically by the rule.
10. Effect on Small Business (initial regulatory flexibility analysis):
The proposed rule would not impose any reporting requirements on small businesses nor would any design or operational standards be contained in the rule. The rule would not allow for the potential to establish a reduced fine for small businesses, nor would it establish “alternative enforcement mechanisms” for “minor violations” of administrative rules made by small businesses.
12. Place where comments are to be submitted and deadline for submission:
Written comments may be submitted at the public hearings, by regular mail, fax or email to:
Meredith Penthorn
Department of Natural Resources
PO Box 7921, Madison, WI 53707
Section 1 NR 20.10 (7) is created to read:
NR 20.10 (7) Fish with or possess a spear with a spearhead width greater than 18 inches measured between the outside edges of the tines, or with tines arranged in any formation other than a single straight line.
Section 2 NR 20.18 (2)(a) is amended to read:
Species | Total Daily Bag Limit |
(2) Cisco (lake herring), whitefish and their hybrids (a) Inland waters ………………….. | 25 pounds and one fish 10 in total |
