• remove sections of code that are outdated or have been replaced by other statute or code changes,
• correct errors that occurred during the drafting of rules, and
• add or repeal language to clarify intent of original rules.
SECTIONS 1 through 12 make minor changes to regulations to correct spelling errors, define boundaries of regulations on streams and rivers for better understanding and enforcement by the public, and ensure proper management of the waters as determined by local fish biologists.
For example, minor code errors were discovered after a statewide package of trout regulations were put in place in spring 2016. Changes in this rule in Bayfield and Florence counties respond to public questions about the trout regulation boundaries and make them comply with resource needs. Other examples of minor changes include:
• Kentuck Lake straddles both Forest and Vilas counties and regulations were added to Forest County to match those already listed in Vilas County code
• Trout regulations on Lake Superior tributaries in Bayfield and Iron counties were returned to what they were before they were mistakenly changed in a 2015 Board Order. Public hearing information at that time stated that the tributary regulations would not change.
• Sherman Lake regulations were updated in Iron and Vilas counties to make the season and bag limit match the Ceded Territory regulations.
• Poerio Park Pond in Kenosha County was removed from the list of urban ponds because it has been filled in and no longer exists
• Northern pike and walleye regulation boundaries were clarified on the Little Eau Pleine River in Portage County to keep regulations consistent with connecting waters
• In Sawyer County, lake chains were specified for all species to match newly created bass regulations on the Lac Courte Oreilles and Quiet Lake chains
• Wildwood Lake special bass regulations were removed in Vilas County, returning the season, bag, and size limits to the general northern zone regulations. It also removes the requirement for use of artificial lures, which was recently changed under bass regulations as well.
• Sturgeon spearing regulations are clarified to reduce confusion when cutting holes in the ice and to make code language consistent with the open season times designated in NR 20.10 (10m)
• The boundaries for sturgeon spearing regulations are clarified in code to be Lake Winnebago, Lake Poygan, Lake Butte des Morts, and Lake Winneconne rather than stating “Lake Winnebago system waters.” This clarification matches with how the sturgeon carcass tags are issued for sturgeon spearing and safeguards proper enforcement of spearing boundaries.
• St. Croix County was added to a list of other northern counties in which bullheads are considered detrimental species, allowing easier control and removal of these sometimes undesirable species.
• The Brule River fish refuge in Douglas County was added to code. At some point in time it was mistakenly removed from code, although the refuge has been posted and in place for years. The department website also lists the refuge. This is a sea lamprey barrier refuge closed to fishing year-round that extends 500 feet both upstream and downstream of the barrier.
6. Summary of, and Comparison with, Existing or Proposed Federal Statutes and Regulations: Authority to promulgate fishing regulations is granted to states. None of the proposed changes violate or conflict with federal regulations.
7. Comparison with 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 and bag and size limits may differ for species among the surrounding states, but the general principles are the same. Michigan, Minnesota, Iowa, and Illinois all have statewide seasons and bag and size limits for fish species, along with special or experimental regulations on individual waters.
8. Summary of Factual Data and Analytical Methodologies Used and How Any Related Findings Support the Regulatory Approach Chosen: Fishing regulations, such as length and bag limits or season dates, are used as a tool to ensure good fishing exists into the future. The department has used different types of fishing regulations in order to: control angler impacts on fish populations; maintain numbers and sizes of fish in a lake or stream; provide different types of fishing experiences, such as fishing for dinner or for a trophy fish; and make access to fishing as fair as possible.
This rule includes minor changes to administrative code that support existing policies and fisheries management goals. The department took steps to insure the accuracy, integrity, objectivity and consistency of data were used in preparing the proposed rule and related analysis.
9. Analysis and Supporting Documents Used to Determine the Effect on Small Business or in Preparation of an Economic Impact Report: The proposed rule will have minimal impact on sport anglers and is not expected to have an economic impact. As with any change in regulations, there will be a requirement for anglers to learn the new rules. However, a majority of this rule change clarifies code to reflect existing policies for which anglers must already comply. The department works to notify the public of new regulations via press releases, the internet, and fishing regulations pamphlets.
The department will conduct an economic impact analysis to determine if any individuals, businesses, local governments, or other entities will be affected economically.
10. Effect on Small Business (initial regulatory flexibility analysis): It is expected that there will be no economic impact directly related to these rule changes. The proposed rule does not impose any compliance or reporting requirements on small businesses nor are any design or operational standards contained in the rule.
11. Agency Contact Person:
Steve Hewett, Fisheries Management Section Chief
Department of Natural Resources
P.O. Box 7921
Madison, WI 53717-7921
608-267-7501
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 the agency contact person above.
Section 1 NR 20.10 (3s) is amended to read:
NR 20.10 (3s) Cut, use or maintain ice holes in the ice larger than 48 square feet for sturgeon spearing pursuant to s. NR 20.11 (2). Section 2 NR 20.20 (4) (h), 5, and 6, (9) (d) 1., (11) (f) 1., (19) (g) 5., (21) (b) 1. and (e) 1., (22) (e) 1., (25) 3. and 4., and (26) (g) 1. and (h) 4. are amended to read:
NR 20.20 (4) BAYFIELD (for species or waters not listed, including Lake Superior, see sub. (73))
(h) Trout and salmon | 1. Bark river and all its tributaries, Bono creek, Boyd creek, Cranberry river, East Fork Cranberry river downstream from Lenawee road, Flag river downstream from its confluence with East Fork Flag river, Iron river downstream from the sea lamprey barrier at the former site of the Orienta dam, North Fish creek downstream from its confluence with Pine creek (T47N R6W S13), Onion river downstream from Lake Superior District Power Company power line (T49N R4W S6), Pikes creek downstream from the Red dam, Pine creek downstream from its confluence with Little Pine creek, Sioux river downstream from the Big Rock Falls pool (T49N R4W S19), Siskiwit river downstream from the second bridge from its mouth, Whittlesey creek downstream from Town Hall road | a. Hook and line | Last Saturday in March First Saturday in May to November 15 | 5 in total but only 2 may be brown trout longer than15 and only 1 may be a rainbow trout | Brook trout 8, brown trout 10, salmon 12, rainbow trout 26 |
| 1m. Cranberry river, East Fork Cranberry river downstream from Lenawee road, Flag river downstream from its confluence with East Fork Flag river, Iron river and all its tributaries downstream from the sea lamprey barrier at the former site of the Orienta dam, North Fish creek downstream from its confluence with Pine creek (T47N R6W S13), Sioux river downstream from the Big Rock Falls pool (T49N R4W S19), Siskiwit river downstream from the second bridge from its mouth | a. Hook and line | Last Saturday in March to November 15 | 5 in total but only 2 may be brown trout longer than15 and only 1 may be a rainbow trout | Brook trout 8, brown trout 10, salmon 12, rainbow trout 26 |
| 1r. Bark river and all its tributaries, Whittlesey creek and all its tributaries downstream from Town Hall road | a. Hook and line | First Saturday in May at 5:00 a.m. to November 15 | 5 in total but only 2 may be brown trout longer than15 and only 1 may be a rainbow trout, all brook trout caught shall be immediately released | Brown trout 10, salmon 12, rainbow trout 26 |
| 2. All other tributaries and portions of tributaries to Lake Superior not listed in subd. 1. (intro.), 1m. (intro.), or 1r. (intro.), including the Little Sioux river downstream from falls in NE1/4 of the NE1/4, S13, T49N, R5W | a. Hook and line | First Saturday in May at 5:00 a.m. to September 30 | 5 in total but only 2 may be brown trout longer than15 and only 1 may be a rainbow trout | Brook trout 8, brown trout 10, salmon 12, rainbow trout 26 |
| 3. Cap creek, Schultz springs | a. Hook and line, only artificial lures may be used | First Saturday in May at 5:00 a.m. to October 15 | All trout caught shall be immediately released | — |
| 4. Iron river upstream from the sea lamprey barrier at the former site of the Orienta dam | a. Hook and line | First Saturday in May at 5:00 a.m. to October 15 | 3 in total | 8 |
| 5. Long lake branch of the White river downstream from Taylor Lane to the confluence with the White River, White river downstream from Pikes bridge to White River dam | a. Hook and line | First Saturday in May at 5:00 a.m. to October 15 | 1 in total | 18 |
| 6. White river upstream from Pikes bridge, White river (East Fork), White river (South For Fork and springs), White river (West Fork) and White river unnamed tributaries | a. Hook and line | First Saturday in May at 5:00 a.m. to September 30 October 15 | 3 in total | 8 |
| 7. Namekagon river | a. Hook and line, only artificial lures may be used | First Saturday in May at 5:00 a.m. to October 15 | 1 in total | 14 |
| 9. All waters not listed | a. Hook and line | Streams and connected springs and spring ponds: first Saturday in May at 5:00 a.m. to October 15. Lakes: first Saturday in May at 5:00 a.m. to the first Sunday in March | 5 in total | None |
NR 20.20 (9) CHIPPEWA (for species or waters not listed, see sub. (73))
(d) Trout and salmon | 1. Elk creek and all its tributaries (including Big Eld Elk creek, creek 35−12, creek 5-16, creek 17-11, creek 4-2, and creek19-16) | a. Hook and line | First Saturday in May at 5:00 a.m. to October 15 | 5 in total | Maximum length limit 12 |
NR 20.20 (11) COLUMBIA (for species and waters not listed, see sub. (73))
(f) Trout and salmon | 1. Durward Glen Durward’s Glenn creek (Prentice creek) | a. Hook and line | First Saturday in May at 5:00 a.m. to October 15 | 5 in total | None for brown trout and rainbow trout, maximum length limit 9 for brook trout |
NR 20.20 (19) FLORENCE (for species or waters not listed, see sub. (73))
(g) Trout and salmon | 5. Woods creek downstream from state highway 101 | a. Hook and line | First Saturday in May at 5:00 a.m. to October 15 | 2 in total | 12 |
NR 20.20 (21) FOREST (for species or waters not listed, see sub. (73))
(b) Largemouth and smallmouth bass | 1. Crane lake, Luna lake, McKinley lake, Pickerel lake, Three Johns lake, White Deer, Kentuck lake | a. Hook and line | First Saturday in May to Friday preceding third Saturday in June | 0 for smallmouth bass, 1 for large- mouth bass | 18 for largemouth bass only |
| | | Third Saturday in June to the first Sunday in March | 1 in total | 18 |
(e) Panfish | 1. Riley and Wabikon lakes combined, Kentuck lake | a. Hook and line | Continuous | 25 in total but no more than 10 of a single species until March 1, 2026 when it becomes 25 in total | None |
NR 20.20 (22) GRANT (for species and waters not listed, see sub. (73))
(e) Trout and salmon | 1. Big Green river upstream from state highway 133, Big Spring branch downstream from Pine Tree road, Borah creek, Crooked creek, Little Grant river from Govier road upstream to Miner Milner road, Six Mile branch | a. Hook and line | First Saturday in May at 5:00 a.m. to October 15 | 3 in total | Maximum length limit 12 |
NR 20.20 (25) IOWA (for species or waters not listed, including Lake Superior, see sub. (73))
(f) Trout and salmon | 3. Gordon creek from state highway 78 upstream to Spring Creek road, Mill creek from Mill road downstream to county highway H, Six Mile branch upstream to Farmers Ridge road, Trout creek downstream from Dry dam | a. Hook and line | First Saturday in May at 5:00 a.m. to October 15 | 3 in total | Maximum length limit 12 |
| 4. Mill creek from Mill road downstream to county highway H, Pompey Pillar creek downstream from county highway I, Smokey Hollow creek downstream from county highway P, Trout creek upstream to Dry dam | a. Hook and line | First Saturday in May at 5:00 a.m. to October 15 | 2 in total | 12 |
NR 20.20 (26) IRON (for species or waters not listed, including Lake Superior, see sub. (73))
(g) Trout and salmon | 1. Graveyard creek and its tributaries, Montreal river downstream from Superior falls, Oronto creek and its tributaries, Parker creek | a. Hook and line | Last Saturday in March to November 15 | 5 in total but only 2 may be brown trout longer than 15 and only 1 may be rainbow trout | Brown trout 10, salmon 12, rainbow trout 26, brook trout 8 |
(h) Walleye, sauger and hybrids | 4. Bear river, Flambeau river upstream of Turtle-Flambeau flowage (at Murray’s Landing), Little Turtle river, Manitowish river (including Benson lake, Sturgeon lake, and Vance lake), Trude lake, Turtle-Flambeau flowage, Sherman lake | a. Hook and line | First Saturday in May to the first Sunday in March | 3 in total | None |
Section 3 NR 20.20 (26) (g) 1m. is created to read:
NR 20.20 (26) IRON (for species or waters not listed, including Lake Superior, see sub. (73))
(g) Trout and salmon | 1m. Montreal river downstream from Superior falls | a. Hook and line | Continuous | 5 in total | 10 |
Section 4 NR 20.20 (26) (h) 5. is repealed.
Section 5 NR 20.20 (27) (h) 1., (30) (a) 1., (34) (b) 2. a., and (38) (d) 2. are amended to read:
