SECTIONS 28 and 29 separate the bullhead hook and line seasons from those of certain bass species, and create seasons for bow, crossbow and hand harvest that run concurrent with the rough fish seasons in most waters.
SECTION 30 establishes seasons for taking catfish by bow and arrow, crossbow or by hand on Wisconsin-Minnesota boundary waters.
SECTIONS 31 and 35 add bow and arrow, crossbow and hand fishing to the list of methods by which rough fish may be taken on the boundary waters and subsequently sold.
SECTIONS 32 and 36 provide that rough fish may be taken by hand on boundary waters within Wisconsin.
SECTIONS 33, 37 and 40 provide that catfish and bullheads may be taken with a bow and arrow, crossbow or by hand on boundary waters with Minnesota, Michigan and Iowa but only in territorial waters of Wisconsin.
SECTIONS 34, 38 and 41 prohibit commercial fishing for catfish with bow, crossbow or by hand.
SECTION 39 adds a cross-reference to SECTION 40, pertaining to harvesting catfish in Wisconsin-Michigan boundary waters.
6. Summary of, and Comparison with, Existing or Proposed Federal Statutes and Regulations:
No federal regulations apply. States possess inherent authority to manage the fishery and wildlife resources within their boundaries, except insofar as preempted by federal treaties and laws, including regulations established in the Federal Register.
7. Comparison with Similar Rules in Adjacent States:
Minnesota and Iowa allow fishing for rough fish with a bow and arrow, but do not allow fishing for catfish with a bow and arrow, crossbow or by hand. Michigan allows rough fish and catfish harvest with a bow and arrow or crossbow, but hand fishing is not legal. In Illinois, all of these methods are legal for harvesting catfish. All neighboring states establish seasons, bag limits, size limits and closed areas for regulating the harvest of game fish.
8. Summary of Factual Data and Analytical Methodologies Used and How Any Related Findings Support the Regulatory Approach Chosen:
Catfish spawn using cavities in the bank or sheltered areas behind large wood or other structures. During spawning, males will guard the nest, making them susceptible to hand fishing. Removal of catfish, especially flathead catfish, during spawning season and when they are nesting may result in nest failure and low recruitment. Additionally, because female flathead catfish mature at older ages and larger size classes in Wisconsin and may not spawn every year, excessive harvest could affect the stability of the population.
Catfish are also vulnerable to overharvest during the winter. They exhibit strong site fidelity with individuals returning to the same winter locations for consecutive years. Catfish will congregate in large numbers within these wintering areas and become lethargic and docile, becoming very susceptible to being taken by hand. Season limits and gear restrictions are necessary to protect wintering populations of catfish. In addition, catfish species can be vulnerable to harvest with the use of bow and arrow at night as they lie in shallow water. Through reduced bag limits, this rule will prevent overharvest of catfish with bow or crossbow or by hand.
9. Analysis and Supporting Documents Used to Determine the Effect on Small Business or in Preparation of an Economic Impact Report:
Economic impacts are expected to be minimal. The regulations proposed in this rule are not expected to present additional costs to anglers; rather, they will provide opportunities for alternative methods of harvest for catfish and rough fish while ensuring that harvest remains sustainable. While commercial fishers will not be able to utilize the new harvest methods, this rule will have no impacts on existing commercial harvest.
10. Effect on Small Business (initial regulatory flexibility analysis):
Impacts on small businesses as a result of this rule will be minimal, as the proposed regulations will continue to allow catfish and rough fish to be harvested through the new methods and will not significantly impact current hook and line fishing. These rules are mainly applicable to individual anglers and impose no compliance or reporting requirements for small business, nor are any design or operational standards contained in the rule.
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
P.O Box 7921, Madison, WI 53707
608-316-0080
Hearings were held on March 19, 20 and 27 and the deadline for submission of comments was March 27.
Section 1 NR 20.05 (5m) is created to read:
20.05 (5m) Take catfish by hand with the aid of or while in possession of artificial nests or spawning boxes, ropes, gaffes, hooks, grapples or similar equipment for snagging catfish, or breathing devices including snorkeling or scuba gear.
Section 2 NR 20.09 (2) and (3) are amended to read:
20.09 (2) Use, possess, or control any bow, spear, or similar device from sunset to sunrise while on the waters or on the banks or shores of any waters except as authorized in s. NR 20.20, and that a bow and arrow or crossbow may be possessed and used for spearing rough fish, bullheads and catfish from sunset to sunrise during the open season for spearing rough fish. (3) Spear any game fish except that:
a. whiteWhite bass, yellow bass, rock bass, panfish and bullheads may be speared while skin diving or scuba diving during the open season for rough fish spearing on waters specified in s. NR 20.20, provided that the season for white bass, yellow bass, rock bass, panfish and bullheads is also open on the same water. Daily bag limits and size restrictions specified in s. NR 20.20 for white bass, yellow bass, rock bass, panfish and bullheads also apply. b. Flathead and channel catfish may be taken with a bow and arrow or crossbow during the open season for taking catfish with a bow and arrow or crossbow on waters specified in s. NR 20.20. c. Bullheads may be taken with a bow and arrow or crossbow during the open season for taking bullheads with a bow and arrow or crossbow on waters specified in s. NR 20.20. Section 3 NR 20.15 (1) is amended to read:
20.15 (1) Take rough fish, bullheads and catfish by hand at any time in all waters as specified in s. NR 20.20, except those in waters established as fish refuges under ch. NR 26. Section 4 NR 20.18 (1) is amended to read:
Species | Total Daily Bag Limit |
Catfish ………………… | 25 in total, of which only 1 may be a flathead catfish from the Lake Winnebago system |
Section 5 NR 20.20 (5) (b) 1. c. and d. and 2. b. and c. are created to read:
County and Species | Waters | Authorized Methods | Open Season (both dates inclusive) | Daily bag limit | Minimum Length or Other Size Restrictions (Inches) |
(5) BROWN (For species or waters not listed, including Green Bay and its tributaries not specified in this subsection, see sub. (73)). |
(b) Catfish | 1. Fox river upstream from DePere dam | c. Bow and arrow, crossbow | Continuous | 5 channel, 1 flathead | None |
| | d. By hand | June 1 to August 31 | 5 channel, 1 flathead | None |
| 2. All other waters except Green Bay and its tributaries | b. Bow and arrow, crossbow | Continuous | 5 channel, 1 flathead | None |
| | c. By hand | June 1 to August 31 | 5 channel, 1 flathead | None |
Section 6 NR 20.20 (6)(a) 1. b. and c. are created to read:
County and Species | Waters | Authorized Methods | Open Season (both dates inclusive) | Daily bag limit | Minimum Length or Other Size Restrictions (Inches) |
(6) BUFFALO (For species or waters not listed, see sub. (73)). |
(a) Catfish | 1. Buffalo river from the state highway 37 bridge and the Chippewa river downstream to the Burlington Northern and Santa Fe railroad tracks | b. Bow and arrow, crossbow | Continuous | 5 channel, 1 flathead | None |
| | c. By hand | June 1 to August 31 | 5 channel, 1 flathead | None |
Section 7 NR 20.20 (11)(a) 1. b. and c. are created to read:
County and Species | Waters | Authorized Methods | Open Season (both dates inclusive) | Daily bag limit | Minimum Length or Other Size Restrictions (Inches) |
(11) COLUMBIA (For species or waters not listed, see sub. (73)). |
(a) Catfish | 1. Lower Wisconsin river from the Prairie du Sac dam to the railroad bridge at Sauk City | b. Bow and arrow, crossbow | First Saturday in May to November 30 | 5 channel, 1 flathead | None |
| | c. By hand | June 1 to August 31 | 5 channel, 1 flathead | None |
Section 8 NR 20.20 (12)(a) 1. b. and c. and 2. b. and c. are created to read:
County and Species | Waters | Authorized Methods | Open Season (both dates inclusive) | Daily bag limit | Minimum Length or Other Size Restrictions (Inches) |
(12) CRAWFORD (For species or waters not listed, see sub. (73)). |
(a) Catfish | 1. Kickapoo river from 200 feet below the Gays Mills dam downstream to the Wisconsin river, Lower Wisconsin river | b. Bow and arrow, crossbow | Continuous | 5 channel, 1 flathead | None |
| | c. By hand | June 1 to August 31 | 5 channel, 1 flathead | None |
| 2. Lower Wisconsin river | b. Bow and arrow, crossbow | Continuous | 5 channel, 1 flathead | None |
| | c. By hand | June 1 to August 31 | 5 channel, 1 flathead | None |
Section 9 NR 20.20 (13)(b) 1. b. and c. and 2. b. and c. are created to read:
County and Species | Waters | Authorized Methods | Open Season (both dates inclusive) | Daily bag limit | Minimum Length or Other Size Restrictions (Inches) |
(13) DANE (For species or waters not listed, see sub. (73)). |
(b) Catfish | 1. Lower Wisconsin river from the Prairie du Sac dam downstream to the railroad bridge at Sauk City | b. Bow and arrow, crossbow | First Saturday in May to November 30 | 5 channel, 1 flathead | None |
| | c. By hand | June 1 to August 31 | 5 channel, 1 flathead | None |
| 2. Lower Wisconsin river downstream from the railroad bridge at Sauk City | b. Bow and arrow, crossbow | Continuous | 5 channel, 1 flathead | None |
| | c. By hand | June 1 to August 31 | 5 channel, 1 flathead | None |
Section 10 NR 20.20 (17) (a) 1. b. and c. are created to read:
County and Species | Waters | Authorized Methods | Open Season (both dates inclusive) | Daily bag limit | Minimum Length or Other Size Restrictions (Inches) |
(17) DUNN (For species or waters not listed, see sub. (73)). |
(a) Catfish | 1. Chippewa river | b. Bow and arrow, crossbow | Continuous | 5 channel, 1 flathead | None |
| | c. By hand | June 1 to August 31 | 5 channel, 1 flathead | None |
Section 11 NR 20.20 (18)(a) 1. 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) |
(18) EAU CLAIRE (For species or waters not listed, see sub. (73)). |
(a) Catfish | w. 1. Chippewa river downstream from the dam in Eau Claire | a. Hook and line, set or bank pole | Continuous | 10 | None |
| | b. Bow and arrow, crossbow | Continuous | 5 channel, 1 flathead | None |
| | c. By hand | June 1 to August 31 | 5 channel, 1 flathead | None |
Section 12 NR 20.20 (22)(a) 1. b. and c. and 2. b. and c. are created to read:
County and Species | Waters | Authorized Methods | Open Season (both dates inclusive) | Daily bag limit | Minimum Length or Other Size Restrictions (Inches) |
(22) GRANT (For species or waters not listed, see sub. (73)). |
(a) Catfish | 1. Lower Wisconsin river | b. Bow and arrow, crossbow | Continuous | 5 channel, 1 flathead | None |
| | c. By hand | June 1 to August 31 | 5 channel, 1 flathead | None |
| 2. Blue river from the state highway 133 bridge downstream to the Wisconsin river, Grant river from Porters bridge on state highway 35 downstream to the Burlington Northern and Santa Fe railroad tracks, Platte river, from the state highway 81 bridge downstream to the Burlington Northern and Santa Fe railroad tracks. | b. Bow and arrow, crossbow | Continuous | 5 channel, 1 flathead | None |
| | c. By hand | June 1 to August 31 | 5 channel, 1 flathead | None |
