Statutory authority
Explanation of agency authority
Sections
29.014 (1),
29.039,
29.041, and
29.053, Stats., grant rule making authority to the department to establish and maintain open and closed seasons for fish and any bag limits, size limits, rest days and conditions governing the taking of fish that will conserve the fish supply and ensure the citizens of this state continued opportunities for good fishing; grant that the department may establish limitations relating to taking, possession, transportation, processing, and sale or offer for sale, of nongame species; and provide that the department may regulate fishing on and in all interstate boundary waters, and outlying waters. Section
227.11(2)(a), Stats., expressly confers rulemaking authority on the department to promulgate rules interpreting any statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of the statute.
Related rule or statute
None.
Plain language analysis
Sections 1, 9, 15 and 18 permit motor trolling in Ashland, Iron, Price and Sawyer counties.
Section 2 eliminates the minimum size restriction for largemouth and smallmouth bass in Bear, Horsehead, and Upper and Lower Turtle lakes (Barron county).
Section 3 increases the minimum size restriction for walleye in Bear, Horseshoe (T36N, R14E, S3, 115 ac.), and Upper and Lower Turtle lakes (Barron county) from 15 to 18 inches and decreases the daily bag limit for walleye from 5 fish to 3 fish.
Section 4 eliminates the minimum size restriction for largemouth and smallmouth bass in Lake Owen (Bayfield county).
Section 5 increases the minimum size restriction for walleye in Lake Owen (Bayfield County) from 15 to 18 inches and decreases the daily bag limit for walleye from 5 fish to 3 fish.
Section 6 eliminates the minimum size restriction for largemouth and smallmouth bass in Big McKenzie lake (Burnett/ Washburn counties).
Section 7 increases the minimum size restriction for walleye in Big McKenzie lake (Burnett/ Washburn counties) from 15 to 18 inches and decreases the daily bag limit for walleye from 5 fish to 3 fish.
Section 8 increases the minimum size restriction for walleye in Metonga lake (Forest county) from 15 to 18 inches and decreases the daily bag limit for walleye from 5 fish to 3 fish.
Sections 10 and 11 standardize trout regulations for all of the Wolf river (Langlade county), allowing hook and line fishing only with artificial lures from the First Saturday in May at 5:00am until September 30 with a bag limit of 3 and a maximum size of 12 inches. There is also a catch and release season from October 1 to November 15 for hook and line fishing with artificial lures.
Section 12 replaces the current no minimum length limit and 14 to 18 inch protected slot with no minimum length limit but only on fish over 14 inches in length and increases the daily bag limit from 3 to 5 for walleye in the Three Lakes chain and replaces the no minimum length limit but only on fish over 14 inches in length with a 15" minimum length limit on Sevenmile lake, Oneida county.
Section 13 eliminates the minimum size restriction for largemouth and smallmouth bass in Half Moon, Pipe, and Ward lakes (Polk county).
Section 14 increases the minimum size restriction for walleye in Big Butternut, Half Moon, Pipe, and Ward lakes (Polk county) from 15 to 18 inches and reduces the daily bag limit for walleye from 5 fish to 3 fish.
Section 16 eliminates the minimum size restriction for largemouth and smallmouth bass in Chain, Clear, Island, and McCann lakes (Island chain of lakes, Rusk county).
Section 17 increases the minimum size restriction for walleye in Chain, Clear, Island, and McCann lakes (Island chain of lakes, Rusk county) from 15 to 18 inches and reduces the daily bag limit for walleye from 5 fish to 3 fish.
Sections 19 and 21 extends the season on Chippewa flowage (Sawyer county) from the first Saturday in May to the first Sunday in March for all species except muskellunge, walleye, and lake sturgeon.
Section 20 eliminates the minimum size restriction for largemouth and smallmouth bass in Whitefish and Sissabagama lakes, and the Chippewa flowage (Sawyer county).
Section 20 also increases the minimum size restriction in Nelson, Sissabagama and Whitefish lakes from 15 to 18 inches and reduces the daily bag limit for walleye from 5 fish to 3 fish.
Section 20 also changes the panfish daily bag limit to 10 fish daily bag limit for all panfish all season on the Chippewa flowage, and creates a continuous open season for panfish. The previous panfish bag limits were 25 with no more than 15 crappie from the first Saturday in May until November 30 but no crappie from December 1 to the first Sunday in March, with fishing for panfish prohibited between the first Sunday in March and the first Saturday in May.
Section 21 also increases the minimum size restriction for walleye in the Chippewa flowage from no minimum to 18 inches. The daily bag limit is unchanged at 3 walleye per day.
Section 22 makes permanent the 45 inch minimum size restriction for muskellunge in Little St. Germain lake (Vilas county). The current 45-inch minimum regulation is scheduled to expire November 30, 2011.
Section 23 eliminates the minimum size restriction for largemouth and smallmouth bass in Middle McKenzie, Nancy and Long lakes (Washburn county).
Section 24 increases the minimum size restriction for walleye in Middle McKenzie (Washburn/ Burnett counties), Nancy and Long lakes (Washburn county) from 15 to 18 inches and reduces the daily bag limit for walleye from 5 fish to 3 fish.
Section 25 increases the minimum size restriction for northern pike on Big Muskego lake including Bass bay (Waukesha county) from 26 inches to 40 inches and reduces the daily bag limit from 2 to 1 fish.
Section 26 increases the minimum size restriction for bass in Marion Pond (Waupaca county) from 14 inches to 18 inches and reduces the daily angler bag limit from 5 to 1. This rule will expire on April 1, 2016.
Section 27 increases the minimum size restriction for northern pike in Marion pond (Waupaca county) from no minimum to 26 inches and reduces the daily angler bag limit from 5 to 2. This rule will expire April 1, 2016.
Section 28 decreases the minimum length restriction to 7 inches for all trout in the Waupaca river downstream of River road. Current regulations are 12 inches for brown trout and rainbow trout, and 8 inches for brook trout. It also increases the daily angler bag from 3 trout to 5 trout.
Section 29 prohibits night fishing from September 15 to the first Saturday in May in the section of the Oconto river from the upstream side of the US 141 Bridge to the Stiles dam (Oconto county).
Section 30 adds a catch-and-release season for Lake Sturgeon on the St. Croix river from October 1 to 15. This section of the St. Croix river is a Wisconsin-Minnesota boundary water, and this section will make Wisconsin rules consistent with Minnesota rules.
Section 31 extends the largemouth and smallmouth bass fishing season on Wisconsin-Michigan boundary waters from November 30 to December 31. This will make Wisconsin and Michigan rules consistent.
Sections 32, 33, 34, and 35 eliminate the following fish refuges: on the Chippewa flowage for 500 feet below Moose lake (Sawyer county), on Spider creek between Spider lake and State highway 77 (Sawyer county), on Island creek between Island and Black Dan lakes (Sawyer county), on Malviney creek (Sawyer county), on the unnamed tributary of Lake Chetac from Lake Chetac to 1000 feet upstream (Sawyer county), on the Brunet River from Lake Winter to 500 feet downstream (Sawyer county), on the Couderay river from the Grimh (Radisson) dam to 500 feet downstream (Sawyer county) and on the Little Turtle river and Turtle-Flambeau flowage 200 feet upstream of Popko's Circle road until 200 feet downstream of Popko's Circle road (Iron county).
Comparison with federal regulations
None known.
Comparison of similar rules in adjacent states
Fisheries management rules are generally similar in the states surrounding Wisconsin. Each bordering state regulates fishing by the use of seasons, bag limits and size limits. Specific seasons, bag and size limits may differ for species across the surrounding states; however, the general principles are similar. Michigan, Minnesota, Iowa and Illinois all have statewide seasons, bag and size limits for fish species, along with special or experimental regulations on individual waters.
Summary of factual data and analytical methodologies
Rule proposals were developed by fisheries and law enforcement staff to address management and enforcement concerns. Proposals were reviewed for need and adequacy, and approved by a fish team or law enforcement team supervisor and forwarded to regional director for approval. Proposals approved by the regions were forwarded to the Fisheries Management Bureau Director, who conducted a review with the Fisheries Management Board, law enforcement, legal services, the Wisconsin Conservation Congress, and the Great Lakes Indian Fish and Wildlife Commission. Only proposals approved by the Fisheries Management Bureau Director are included.
Analysis and supporting documents used to determine effect on small business
The proposed rules do not apply directly to businesses, but to sport anglers.
Small Business Impact
The proposed rules do not impose any compliance or reporting requirements on small businesses nor are any design or operational standards contained in the rule. The rules will be enforced by Conservation Wardens who have arrest powers and may use citations.
Fiscal Estimate
State fiscal effect
None.
Local government fiscal effect
None.
Long-range fiscal implications
N/A
Agency Contact Person
Joseph Hennessy
FM/4, 101 South Webster Street
Madison, WI 53707-7921
Phone: (608) 267-9427
Notice of Hearing
Natural Resources
Environmental Protection — Air Pollution Control,
Chs.
NR 400—
NOTICE IS HEREBY GIVEN That pursuant to ss.
227.16 and
227.17, Stats, the Department of Natural Resources, hereinafter the Department, will hold a public hearing on proposed rules to create s.
NR 400.02 (162) (a) 51. and
52., relating to the definition of volatile organic compound (VOC). The proposed revisions relate to issues for State Implementation Plan approvability, and the State Implementation Plan developed under s.
285.11 (6), Stats., will be revised.
Hearing Information
Date and Time Location
March 12, 2010 WI DNR Building (GEF 2)
Friday Room G09
at 1:00 PM 101 S. Webster Street
Madison, WI
Reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Contact Robert B. Eckdale in writing at the Department of Natural Resources, Bureau of Air Management (AM/7), 101 S Webster, Madison, WI 53707; by E-mail to
Robert.Eckdale@wisconsin.gov; or by calling (608) 266-2856. A request must include specific information and be received at least 10 days before the date of the scheduled hearing.
Copies of Proposed Rule and Fiscal Estimate
The proposed rule and supporting documents, including the fiscal estimate, may be viewed and downloaded from the
Administrative Rules System Web site which can be accessed through the link provided on the Proposed Air Pollution Control Rules Calendar at
http://www.dnr.state.wi.us/air/ rules/calendar.htm. If you do not have Internet access, a printed copy of the proposed rule and supporting documents, including the fiscal estimate, may be obtained free of charge by contacting Robert B. Eckdale, Department of Natural Resources, Bureau of Air Management (AM/7), 101 S. Webster Street, Madison, WI 53703, or by calling 608.266.2856.
Submittal of Written Comments
Comments on the proposed rule must be received on or before Monday, March 22, 2010. Written comments may be submitted by U.S. mail, fax, E-mail, or through the Internet and will have the same weight and effect as oral statements presented at the public hearing. Written comments and any questions on the proposed rules should be submitted to:
Joseph Hoch
Department of Natural Resources
Bureau of Air Management (AM/7)
101 S Webster St., Madison, WI 53703
Phone: (608) 264-8861
Fax: 608.267.0560
Analysis Prepared by the Department of Natural Resources
Statute interpreted
Section
285.11(6), Stats. The State Implementation Plan developed under s.
285.11(6), Stats., is revised.
Statutory authority
Explanation of agency authority
Section
227.11(2)(a), Stats., gives state agencies general rule-making authority. Section
285.11(1), Stats., gives the Department the authority to promulgate rules implementing and consistent with ch.
285, Stats. Section
285.11(6), Stats., requires the Department to develop a plan for the prevention, abatement and control of air pollution. The plan must conform with the Clean Air Act and federal regulations for ozone control. Since volatile organic compounds (VOC) are a precursor to ozone, having the state definition of VOC conform to the federal definition is consistent with s.
285.11(6), Stats.
