Section 109 reduces the bag limit to 15 each for sunfish, crappies and yellow perch on the Mississippi River. A daily bag limit of 15 for each of the three types of panfish could help reduce exploitation of panfish.
Section 110 and 111 establish a bag limit of 10 for white bass to reduce harvest pressure on white bass on the Mississippi River and provide consistent regulations with Minnesota, while retaining the existing regulations for yellow and rock bass. White bass are a popular panfish species and are frequently targeted on the Mississippi River.
Section 112 reduces the bag limit for catfish on the Mississippi River to 10 combined and establishes that only one catfish over 30 inches may be harvested. These regulations would be consistent between Wisconsin and Minnesota.
Section 113 decreases the shovelnose sturgeon bag limit to 3 on the Mississippi River, which would protect shovelnose sturgeon from overharvest, particularly as demand for caviar increases, and would result in consistent regulations between Wisconsin and Minnesota.
Section 116 revises the musky season on the Wisconsin-Michigan boundary waters to run from June 1 to December 31 on open water, with an early catch-and-release season occurring from January 1 to May 31. This section also increases the minimum length limit for musky on most Wisconsin-Minnesota boundary waters to 50 inches.
Section 117 extends the time when the Fox River fish refuge in Brown County is closed so that fishing will not be allowed through the end of May, which will protect spawning lake sturgeon and musky that also occupy the area in the spring from disturbance from anglers.
Section 118 creates a fish refuge on the Mink River in Door County from early March to June 15 to protect spawning bass.
Section 119 modifies the fish refuge season on the St. Louis River to run until the Saturday nearest Memorial Day. This will help maintain the naturally reproducing walleye population and match regulations with Minnesota.
6. Summary of, and Comparison with, Existing or Proposed Federal Statutes and Regulations:
No federal regulations apply. States retain management authority over the fish and wildlife resources within state boundaries provided that state regulations do not conflict with regulations established in the Federal Register. None of these rule changes violate or conflict with the provisions established in the Federal Code of Regulations.
7. Comparison with Similar Rules in Adjacent States:
Individual state or provincial agencies are responsible for managing fisheries within their state boundaries and each jurisdiction has their own decision-making process. Wisconsin’s approach to fisheries management and our regulations are comparable to that of our surrounding states. Additionally, several items contained in this rule were developed in collaboration with the natural resources agencies of Minnesota and Michigan to improve consistency in regulations on boundary waters between the two states.
8. Summary of Factual Data and Analytical Methodologies Used and How Any Related Findings Support the Regulatory Approach Chosen:
With this rule, the department will make changes to certain fish size limits, bag limits, seasons, and other regulations related to fishing in inland, outlying, and boundary waters. Fishing regulations are in place to help meet management goals and objectives for fish populations in waters of the state. Examples include providing a trophy walleye fishery or a bass fishery that maximizes predation on smaller fishes. New regulations are proposed when management goals have changed or the department must address a critical need, such as a fish population decline.
This rule also incorporates several changes to regulations on shared boundary waters with Michigan, Minnesota and Iowa. These changes are the product of discussions between the three states and Wisconsin to achieve consistent regulations that factor in biological data and public desires for the respective fisheries. Consistent regulations contribute to a uniform management strategy for each regulated boundary water species and also reduce confusion for anglers and law enforcement officers on those waters.
The regulation proposals included in this rule are based on surveys and analyses conducted by fish biologists and input from local stakeholders and the Wisconsin Conservation Congress. All proposals are peer-reviewed for justification, enforceability, and completeness by department Bureaus of Fisheries Management, Law Enforcement, and Legal Services.
Based on the management goals for individual waters and species, the department strives to provide:
consumptive opportunities where anglers can fish for a meal from a self-sustained, slow-growing fish population;
quality and memorable opportunities where anglers can catch large fish and the density of adult fish in the populations are sustained or increased; and
trophy opportunities where anglers can catch large trophy-size fish and the survival of older and larger fish is increased. Most recreational fishing regulation changes are updated in Administrative Code every two years. Forestalling the proposed rule changes would result in less than optimal management of fish populations in the waterbodies and reduced fishing opportunities for resident and visiting anglers. However, existing regulations would remain in place to provide some level of continued protection of fish resources.
9. Analysis and Supporting Documents Used to Determine the Effect on Small Business or in Preparation of an Economic Impact Report:
It is not expected that there will be any economic impact or change directly related to these rule changes (Governor’s Executive Order 50, level 3 economic impact analysis of minimal to no economic impact less than $50,000). The proposed rule will primarily affect recreational anglers. Regulations are already in place and this rule is intended to continue protection and enhancement of the state’s fish resources. One purpose of the rule is to help maintain the general, beneficial economic impact of fishing throughout Wisconsin.
The department has prepared a preliminary economic impact analysis and will gather public comments in March, 2019 to determine if any individuals, businesses, local governments, or other entities expect to be adversely affected economically by the rule.
10. Effect on Small Business (initial regulatory flexibility analysis):
The proposed rule would not impose any reporting requirements on small businesses nor would any design or operational standards be contained in the rule. The rule would not allow for the potential to establish a reduced fine for small businesses, nor would it establish “alternative enforcement mechanisms” for “minor violations” of administrative rules made by small businesses.
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:
Meredith Penthorn
Department of Natural Resources
PO Box 7921, Madison, WI 53707
Section 1 NR 20.10 (7) is created to read:
NR 20.10 (7) Fish with or possess a spear with a spearhead width greater than 18 inches measured between the outside edges of the tines, or with tines arranged in any formation other than a single straight line.
Section 2 NR 20.18 (2)(a) is amended to read:
Species | Total Daily Bag Limit |
(2) Cisco (lake herring), whitefish and their hybrids (a) Inland waters ………………….. | 25 pounds and one fish 10 in total |
Section 3 NR 20.20 (1)(b) 3. is created to read:
COUNTY AND SPECIES | WATERS | AUTHORIZED METHODS | OPEN SEASON (both dates inclusive) | DAILY BAG LIMIT | MINIMUM LENGTH OR OTHER SIZE RESTRICTIONS (INCHES) |
ADAMS (for species or waters not listed, see sub. (73)) |
(b) Largemouth and smallmouth bass | 3. Jordan lake | a. Hook and line | First Saturday in May to the first Sunday in March | 5 in total | None except the possession of bass from 14 to 18 is prohibited and only one may be longer than 18 |
| | | Monday following the first Sunday in March to Friday preceding first Saturday in May | 0 for largemouth and smallmouth bass | None |
Section 4 NR 20.20 (1)(d) 2. is amended to read:
COUNTY AND SPECIES | WATERS | AUTHORIZED METHODS | OPEN SEASON (both dates inclusive) | DAILY BAG LIMIT | MINIMUM LENGTH OR OTHER SIZE RESTRICTIONS (INCHES) |
ADAMS (for species or waters not listed, see sub. (73)) |
(d) Northern pike | 2. Amey pond, Mason lake | a. Hook and line | First Saturday in May to the first Sunday in March | 1 | 32 |
Section 5 NR 20.20 (2)(a) 1. and (c) 1. are amended to read:
COUNTY AND SPECIES | WATERS | AUTHORIZED METHODS | OPEN SEASON (both dates inclusive) | DAILY BAG LIMIT | MINIMUM LENGTH OR OTHER SIZE RESTRICTIONS (INCHES) |
Ashland (for species or waters not listed, see sub. (73)) |
(a) Largemouth and smallmouth bass | 1. Day lake, East Twin lake, Lake Three, Little Clam lake, Mineral lake, Spillerburg lake | a. Hook and line | First Saturday in May to Friday preceding third Saturday in June | 0 for smallmouth bass, 1 for largemouth bass | 18 for largemouth bass only |
| | | Third Saturday in June to the first Sunday in March | 1 in total | 18 |
| | | Monday following the first Sunday in March to Friday preceding the first Saturday in May | 0 for largemouth and smallmouth bass | None |
(c) Muskellunge | 1. Day lake, East Twin lake, English lake, Mineral lake, Potter lake, Spider-Moquah chain of lakes (Spider lake and Moquah lake combined), Spillerburg lake | a. Hook and line | Saturday nearest Memorial day to November 30December 31 on open water only | 1 | 28 |
Section 6 NR 20.20 (3)(a) and (b) are amended to read:
COUNTY AND SPECIES | WATERS | AUTHORIZED METHODS | OPEN SEASON (both dates inclusive) | DAILY BAG LIMIT | MINIMUM LENGTH OR OTHER SIZE RESTRICTIONS (INCHES) |
Barron (for species or waters not listed, see sub. (73)) |
(a) Largemouth and smallmouth bass | 1. Big Dummy lake, Little Dummy lake | a. Hook and line | First Saturday in May to the first Sunday in March | 5 in total but only 1 may be longer than 18 | None except the possession of fish from 14 to 18 is prohibited |
| | | Monday following the first Sunday in March to Friday preceding the first Saturday in May | 0 for largemouth and smallmouth bass | None |
| 2. Bear lake, Horseshoe lake (T36N, R14E, S3, 115 ac.), Lower Turtle lake, Upper Turtle lakes; All lakes and flowages partially within Burnett or Washburn counties, excluding Red Cedar lake | a. Hook and line | First Saturday in May to the first Sunday in March | 5 in total | None |
| | | Monday following the first Sunday in March to Friday preceding the first Saturday in May | 0 for largemouth and smallmouth bass | None |
(b) Muskellunge | 1. Rice lake, Stump lake | a. Hook and line | Saturday nearest Memorial day to November 30December 31 | 1 | 50 |
Section 7 NR 20.20 (4)(c) and (d) 1. are amended to read:
COUNTY AND SPECIES | WATERS | AUTHORIZED METHODS | OPEN SEASON (both dates inclusive) | DAILY BAG LIMIT | MINIMUM LENGTH OR OTHER SIZE RESTRICTIONS (INCHES) |
Bayfield (for species or waters not listed, see sub. (73)) |
(c) Largemouth and smallmouth bass | 1. Cable lake and Wiley lake combined | a. Hook and line | First Saturday in May to Friday preceding third Saturday in June | 0 for smallmouth bass, 1 for largemouth bass | 18 for largemouth bass only |
| | | Third Saturday in June to the first Sunday in March | 1 in total | 18 |
| | | Monday following the first Sunday in March to Friday preceding the first Saturday in May | 0 for largemouth and smallmouth bass | None |
| 2. Pigeon lake | a. Hook and line | First Saturday in May to Friday preceding third Saturday in June | 0 for smallmouth bass, 5 for largemouth bass | None for largemouth bass only except the possession of largemouth bass from 14 to 18 is prohibited and only one may be longer than 18 |
| | | Third Saturday in June to the first Sunday in March | 5 in total | None except the possession of fish from 14 to 18 is prohibited and only one may be longer than 18 |
| | | Monday following the first Sunday in March to Friday preceding the first Saturday in May | 0 for largemouth and smallmouth bass | None |
| 3. Atkins lake, Diamond lake, Lake Owen, Lower Eau Claire lake, Middle Eau Claire lake, Namekagon (including Jackson and Garden), Upper Eau Claire Lake | a. Hook and line | First Saturday in May to Friday preceding third Saturday in June | 0 for smallmouth bass, 5 for largemouth bass | None |
| | | Third Saturday in June to the first Sunday in March | 5 of which only 1 may be a smallmouth bass | None for largemouth bass and 18 inches for smallmouth bass |
| | | Monday following the first Sunday in March to Friday preceding the first Saturday in May | 0 for largemouth and smallmouth bass | None |
(d) Muskellunge | 1. Jackson lake, Namekagon lake (including Garden lake) | a. Hook and line | Saturday nearest Memorial day to November 30December 31 on open water | 1 | 50 |
Section 8 NR 20.20 (5)(c) 2. and (d) 1. are amended to read:
COUNTY AND SPECIES | WATERS | AUTHORIZED METHODS | OPEN SEASON (both dates inclusive) | DAILY BAG LIMIT | MINIMUM LENGTH OR OTHER SIZE RESTRICTIONS (INCHES) |
Brown (for species or waters not listed, see sub. (73)) |
(c) Largemouth and smallmouth bass | 2. Lilly lake | a. Hook and line | First Saturday in May to the first Sunday in March | 5 in total | None except the possession of fish from 14 to 18 is prohibited and only 1 fish may be longer than 18 |
| | | Monday following the first Sunday in March to Friday preceding the first Saturday in May | 0 for largemouth and smallmouth bass | None |
(d) Muskellunge | 1. Fox river upstream from DePere dam | a. Hook and line | Saturday nearest Memorial Day to November 30December 31 on open water | 1 | 50 |
Section 9 NR 20.20 (7)(b) is amended to read:
