Repealing, Amending, and Creating Rules
The statement of scope for this rule, SS 028-16, was approved by the Governor on April 21, 2016, published in Register No. 725A1 on May 2, 2016 and approved by the Natural Resources Board on June 21, 2016. This rule was approved by the Governor on September 7, 2017. The Wisconsin Natural Resources Board proposes an order to repeal NR 20.06 (Note), 20.15 (Note), 20.20 (15) (a), (19) (a), (27) (a), (35) (a) 1., (37) (a), (39) (a), (44) (a), (52) (d) 1., (57) (e) 3., (59) (a) 1., (64) (d) 4., (67) (a) 1., (73) (a) (Note), 20.35 (3) (a) 1. c.; to amend NR 20.06 (1), 20.15 (4), 20.20 (1) (c), (3) (a) 1., (4) (c) 2 and 3., (5) (c) 2., (13) (c) 2., (d) 1., (18) (c) 2., (19) (b) 1., (21) (b) 2., (26) (a) 4. and (e) 1., (29) (c) 1., (30) (f) 1., (32) (b), (c) and (f), (33) (c) 1., (35) (b) 1., (37) (c) 2., (42) (b) 1. and (c) 1., (44) (b) 2. and (c) 1., (50) (c), (51) (e) 2., (52) (f) 1., (56) (d) 1., (57) (c) 7. and (h) 2., (e) 1. and (h) 2., (57) (h) 2., (59) (g) 1., (60) (a) 2., (64) (c) 2., 3, and (d) 1., (64) (i) 4., (65) (b) 3. and (f), (67) (f), (68) (c) 2., (d) 1. and (g) 2., (69) (a), (72) (c), (73) (a) 1.; and to create NR 20.20 (1) (b) 2., (9) (f) 1., (11) (j), (16) (c) 3., (20) (e) 3., (21) (b) 3., (27) (c) 2., (d) 2, (h) 1. (Intro.) and (h) 2., (30) (f) 2., (34) (e) 8., (38) (f) 1., (39) (c) 2., (42) (f) 1. and 2., (43) (a) 1. (d) 2., (44) (d) 5., (49) (a) 2., (52) (c) 3., (52) (f) 2., (54) (e) 2. and (f), (55) (g) 1., (56) (c) 2., (59) (g) 2., (62) (b) 2., (c) 2. and (f), (65) (g), 20.35 (3) (c), (d) and (Note), related to fishing regulations on inland, outlying, and boundary waters, the 2017 fisheries management spring hearing agenda.
FH-10-16
Analysis Prepared by the Department of Natural Resources
Statutory Authority and Explanation of Agency Authority: Section 23.09 (2) (c), Stats., provides that the department may designate fish refuges to secure the perpetuation and adequate supply of any species of fish and provide safe retreats in which fish may breed and replenish adjacent fishing waters. The department is directed under s. Section 29.014 (1), Stats., to establish and maintain any bag limits 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. Section 29.041, Stats., provides that the Department may regulate fishing on and in all interstate boundary waters and outlying waters. Section 29.053 (2), Stats., provides that the department may establish conditions governing the taking of fish for the state as a whole, for counties or parts of counties, or for waterbodies or parts of waterbodies. It also allows the department to establish a fishing season on specified bodies of water in certain urban areas to allow fishing only by persons who are under 16 years old or who are disabled, as specified in s. 29.193 (3) (a), (b), or (c), Stats. Statutes Interpreted and Explanation: Section 23.09 (2) (c), Stats., provides that the department may designate fish refuges to secure the perpetuation and adequate supply of any species of fish and provide safe retreats in which fish may breed and replenish adjacent fishing waters. The department is directed under s. 29.014 (1), Stats., to establish and maintain any bag limits 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. Section 29.041, Stats., provides that the Department may regulate fishing on and in all interstate boundary waters and outlying waters. Section 29.053 (2), Stats., provides that the department may establish conditions governing the taking of fish for the state as a whole, for counties or parts of counties, or for waterbodies or parts of waterbodies. It also allows the department to establish a fishing season on specified bodies of water in certain urban areas to allow fishing only by persons who are under 16 years old or who are disabled, as specified in s. 29.193 (3) (a), (b), or (c), Stats. Related Statute or Rule: The department is also promulgating a rule that makes remedial revisions and corrections in the same chapter and section that this rule is primarily modifying. The statement of scope for that rule is SS 014-16 which was published in Register No. 722A4 on February 22, 2016 and the department’s board order number is FH-06-16. That rule will be adopted later than this proposal and, if the same sub. par.’s are modified, that will be noted in introductory information in FH-06-16. Plain Language Rule Analysis: These rules will modify regulations with a management objective to provide excellent fishing opportunities statewide. Specifically, these rules would:
Sections 1 to 4, 14, 17, 23, 31, 33, 36, 41, 58, 68, 73 and 74 establish permanent rules related to motor trolling. A sunset of the current trial rules is repealed. Trolling while using up to three lines per person is allowed in most counties. In some counties, trolling is restricted to the use of one line per person with a maximum of three lines used in a boat. Those counties are: Florence, Iron, Lincoln, Oneida, Sawyer, Sheboygan, Vilas and Waupaca.
Section 5 establishes a slot size limit for bass on Mason lake in Adams County.
Section 6 establishes a 50 inch size limit for muskellunge on the Wisconsin river in all of Adams County.
Section 7 increases the bag limit for bass at Big and Little Dummy lakes in Barron County from 3 to 5.
Sections 8 and 9 increase the bag limit for bass at Pigeon lake in Bayfield County and establishes a slot size limit for bass at Atkins lake, Diamond lake, Lake Owen, Middle Eau Claire lake, Namekagon, and Upper Eau Claire Lake.
Section 10 increases the bag limit for bass at Lilly lake in Brown County from 3 to 5.
Section 11 establishes a 50 inch size limit for muskellunge on Holcomb flowage and Lake Wissota in Chippewa County.
Section 12 establishes a 50 inch size limit for muskellunge on the Wisconsin river in Columbia County.
Section 13 increases the size limit for bass on Lake Wingra in Dane County from 14 to 18 inches and sets the bag limit at 1. The section also establishes a 50 inch size limit for muskellunge on the Wisconsin river.
Section 15 establishes an 18 inch size limit for smallmouth bass and eliminates the size limit for largemouth bass on Bond lake, Lower Eau Claire lake, Upper St. Croix lake, and Whitefish lake in Douglas County.
Section 16 increases the daily bag limit for bass on Half Moon lake in Eau Claire County from 3 to 5.
Section 18 establishes a slot size limit for bass on Cosgrove and Little Cosgrove lakes in Florence County.
Section 19 establishes a 3 fish bag limit and 18 inch size limit for walleyes on Kettle Moraine lake, Long lake, Tittle lake, and Wolf lake in Fond du Lac County.
Sections 20 and 21 increase the bag limit for bass from 3 to 5 on Trump lake and establishes slot size limits and a 5 fish bag limit on Jungle lake and Lake Lucerne in Forest County.
Section 22 increases the bag limit for bass from 3 to 5 and, for panfish, establishes a 10 fish bag limit with a size limit of 10 inches for crappies on the Gile flowage in Iron County.
Section 24 establishes year round fishing on the Black river in Jackson County.
Section 25 establishes a 50 inch size limit for muskellunge on the Wisconsin river in all of Juneau County.
Sections 26 and 27 reduce the bag limit from 5 to 3 and increase the size limit to 18 inches for walleye and sauger in Kenosha County.
Section 28 establishes year round fishing on the Black river in La Crosse county.
Section 29 increases the bag limit for muskellunge from 0 to 1 and establishes a 50 inch size limit for muskellunge on Yellowstone lake in Lafayette County.
Section 30 establishes a lake trout bag limit of 2, 17 inch size limit, and January through September season on Goto lake in Langlade County.
Section 32 establishes a 1 fish bag limit and 18 inch size limit for bass at Bass and Long lakes in Lincoln County.
Section 34 increases the daily bag limit for bass on Big bass and Mission lakes in Marathon County from 3 to 5.
Section 35 establishes a 50 inch size limit for muskellunge on Caldron Falls flowage and High Falls flowage in Marinette County.
Section 37 establishes a slot size limit for bass on Mason lake in Marquette County.
Sections 38 and 39 establish year round fishing on the Black river in Monroe County.
Section 40 eliminates the minimum length limit for bass in Kelly Lake and establishes a 10 fish bag limit for panfish on Wheeler lake in Oconto County.
Sections 42 and 43 increase the bag limit for bass from 3 to 5 on Oneida lake, establish a 50 inch size limit for muskellunge on Katherine lake and the Willow flowage, and establish a 10 fish bag limit for panfish on Bearskin lake in Oneida County.
