Order of the State of Wisconsin Natural Resources Board Repealing,
Amending, and Creating Rules
The statement of scope for this rule, SS 014-16, was approved by the Governor on February 12, 2016, published in Register No. 722A4 on February 22, 2016, and approved by the Natural Resources Board on May 24, 2016. This rule was approved by the Governor on November 7, 2017. The Wisconsin Natural Resources Board proposes an order to repeal NR 20.20 (25) (c) 1., (26) (h) 5., 20.20 (38) (d) 4., (64) (c) 6.; to amend NR 20.10 (3) and (3s), NR 20.20 (4) (h) 5. and 6., (9) (d) 1., (11) (f) 1., (15) (d) 1. a., (19) (g) 5., (21) (b) 1. and (e) 1., (22) (e) 1., (25) (f) 3. and 4., and (26) (h) 4., (27) (h) 1., (30) (a) 1., (34) (b) 2. a., and (38) (d) 2., (50) (d) 1., and (g) 3. and 4., (51) (a) 1., (c) 1., (e) 2., and (h) 2., (55) (e) 1. and 2., (56) (g) 2., (57) (a) 1., (e) 1., (f) 3., and (i) 2. and 5., and (63) (c) 4., (64) (h) 3., and (i) 3. and 6., (65) (e) 2., and (73) (e) 2., NR 20.33 (5) (d), NR 20.38 (1) (a); and to create NR 20.20 (48) (b) 1m., and 26.01 (16) (br) relating to minor changes to fisheries administrative code.
FH-06-16
Analysis Prepared by the Department of Natural Resources
1. Statute Interpreted: Sections 29.014(1), 29.041, and 29.053(2), Stats., have been interpreted as giving the department the authority to make changes to Wisconsin fishing rules. 3. Explanation of Agency Authority: Section 29.014(1), Stats., directs the department to establish and maintain 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. 4. Related Statutes or Rules: Section 29.192 (3), Stats., allows the department to limit the number of persons fishing for sturgeon by hook and line or by spear or both, and may limit the maximum harvest of sturgeon in any area. 5. Plain Language Analysis: The proposed rule addresses minor changes to administrative code relating to the regulation of fishing. The rule is being pursued to ensure the rule language that governs fishing in inland, outlying, and boundary waters is accurate and properly reflects the desired management of Wisconsin waters. The objectives are to:
• 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.
• Add or repeal language to clarify intent of original rules.
SECTIONS 1 through 14 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.
• A drafting error that created a continuous open season for walleyes at Door County’s Kangaroo lake is corrected and the standard statewide game fish season is restored.
• Sherman Lake regulations were updated in Iron and Vilas counties to make the season and bag limit match the Ceded Territory regulations.
• Iowa county’s Twin Valley Lake currently has a one fish bag limit and 40 inch size limit for northern pike which is repealed by these rules. This is a non-standard regulation type and northern pike are not known to be present in the lake.
• 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
• Clarifies that the trout size and bag limit for George lake/Spring Valley reservoir, located in St. Croix and Pierce counties, is the same as the bag and size limits for St. Croix County.
• 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 s. 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.
