Madison, WI 53707-7921
Place where comments are to be submitted and deadline for submission: The department will accept written comments on this emergency rule until the date of a public hearing that will be held after the rule has been promulgated. The date of that hearing has not been selected but will be noticed in the Wisconsin Administrative Register and will be within 45 days of promulgation as required by s. 227.24 (4) Stats. Comments may be submitted to the agency contact person. Section 1 NR 20.20 (73) (n) 4. is amended to read:
COUNTY AND SPECIES | WATERS | AUTHOR-IZED METHODS | OPEN SEASON (both dates inclusive) | DAILY BAG LIMIT | MINIMUM LENGTH OR OTHER RESTRICTIONS (SIZE) |
(n)Trout and salmon | 4. Lake Superior, excluding lake trout | a. Hook and line | Continuous except the open season for lake trout is December 1 to September 30 | 10 in total but only 5 may be salmon and only 5 may be trout, of which only 1 may be a rainbow trout, only 1 may be a brook trout and only 3 may be lake trout with only 1 lake trout longer than 25 inches; when recreational lake trout harvest during a season measured by department creel surveys exceeds 24,748 lake trout the lake trout bag limit is reduced to 1 and when recreational lake trout harvest during that same time exceeds 25,529 lake trout the lake trout bag limit is reduced to 0 | Rainbow trout 26, brook trout 20, other trout 15, splake 15, brown trout 15, salmon none |
Section 2 NR 20.20 (73) (n) 5. is created to read:
COUNTY AND SPECIES | WATERS | AUTHOR-IZED METHODS | OPEN SEASON (both dates inclusive) | DAILY BAG LIMIT | MINIMUM LENGTH OR OTHER RESTRICTIONS (SIZE) |
| 5. Lake Superior, lake trout only | a. Hook and line | December 1 to September 30 except that when recreational lake trout harvest during a season in waters east of a line running north-south from Bark Point (46° 53.21’, -91° 11.16’) measured by department creel surveys exceeds 11,775 lake trout in 2018 or 12,800 in any other year, the season may be closed only in those waters east of Bark Point. A season closure shall become effective upon issuance of an order of the secretary and publication in the official state newspaper. | 2 in total in waters east of a line running north-south from Bark Point. 3 in total west of a line running north-south from Bark Point. | In waters east of a line running north-south from Bark Point (46° 53.21’, -91° 11.16’) the minimum is 15 and only 1 fish longer than 25 For lake trout in waters west of a line running north-south from Bark Point the minimum is 15 and only 1 fish longer than 25 |
Section 3 NR 25.06 (1) (a) 1., 2., and 3. are amended to read:
NR 25.06 (1) (a). 1. The total allowable commercial and tribal home use harvest in the waters of Lake Superior east of Bark Point may not exceed 50,100 56,860 lake trout. The total allowable commercial and tribal home use harvest in waters of Lake Superior west of Bark Point may not exceed 2,850 5,130 lake trout. 2. That number of lake trout to be harvested by non-Indian licensed commercial fishers from the waters of Lake Superior east of Bark Point may not exceed 5,300 8,060 lake trout, and from the waters of Lake Superior west of Bark Point may not exceed 2,150 4,430 lake trout.
3. That number of lake trout to be harvested by the Red Cliff and Bad River bands, including both commercial and tribal home use fishers, from the waters of Lake Superior east of Bark Point may not exceed 44,800 48,800 lake trout. That number of lake trout to be harvested by the Red Cliff and Bad River bands, including both commercial and tribal home use fishers, from the waters of Lake Superior west of Bark Point may not exceed 700 lake trout. If the Red Cliff and Bad River bands do not reach an agreement on the method of allocating the tribal quota between them, the department may divide the quota 50% for the Bad River band and 50% for the Red Cliff band, or by any other equitable method.
Section 4 NR 25.10 (1) (b) 8. is repealed.
Section 5 NR 26.02 (1) is amended to read:
NR 26.02 (1) All waters bounded by a line from the Gull island Island light south to the northernmost point of Michigan island Island and then proceeding in a southerly direction following the shoreline of Michigan island Island to the Michigan island 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 Island light; except that licensed commercial fishers may fish all that area within these external boundaries wherein the lake bottom lies at a depth of 35 fathoms (210 feet) or more; and, except in those included waters less than 7 fathoms in depth which immediately adjoin Michigan island, gill nets with a mesh size of 2 ¾ '' or less stretch measure may be used from November 5 to December 5 for the taking of menominee whitefish. Float nets with a maximum stretch measure of 3 inches may be fished in this area for lake herring from November 1 to December 15 out to a bottom depth of 25 fathoms. The nets shall be a minimum of 2 fathoms from the bottom.
Section 6. Statement of Emergency. Pursuant to s. 227.4, Stats., the department finds that an emergency exists and that this rule is necessary for the preservation of the public peace, health, safety, or welfare. The department and the Red Cliff and Bad River Bands of Lake Superior Chippewa are parties to the 2005-2015 Lake Superior Fishing Agreement, which specifies the procedure for allocating lake trout commercial harvests, defines refuges and special fishing areas, and establishes other terms and arrangements for fisheries management in Wisconsin waters of Lake Superior. That agreement was extended for the previous two seasons and is expected to be extended another year to cover the 2017-2018 season. Lake trout harvest limits are discussed among the parties and the emergency version of this rule is needed to preserve the public welfare and adhere to the terms of the agreement. Finally, the population model that is used to establish the recommended quota shows that higher harvest can be sustained than previously anticipated and these rules will assure that harvest is only as economically restrictive as is biologically necessary.
Section 7. Effective Date. This rule shall take effect upon publication in the official state newspaper, as provided in s. 227.24 (1) (d), Stats.
Section 8. Board adoption. This rule was approved and adopted by the State of Wisconsin Natural Resources Board on December 13, 2017.
Dated at Madison, Wisconsin _____________________________.
STATE OF Wisconsin DNR
DEPARTMENT OF NATURAL RESOURCES
BY ______________________________________
Daniel L. Meyer, Secretary
(SEAL)
