SECTION 1 amends the definition of “Lake Michigan tributaries” to include the point of reference for the boundary between the Sheboygan River tributary and Lake Michigan.
SECTIONS 2 and 48 clarify the department’s policy for authorizing fishing contest organizers to tag fish. The department authorizes this practice by permit, and typically the permits only allow fewer than five fish to be tagged and immediately released for each contest.
SECTION 3 clarifies that artificial lights may not be used specifically while sturgeon spearing. Artificial lights may be used for hook and line fishing even during the sturgeon spearing season as long as the angler is not involved in sturgeon spearing activities. This section also clarifies that no person may possess a sturgeon spear in a fishing shelter before opening time of the sturgeon spearing season.
SECTION 4 clarifies that a person must possess a valid sturgeon spearing license and unused carcass tag if in possession of a spear while in a sturgeon fishing shelter. According to s. NR 20.07 (a), Wis. Admin. Code, anglers must have a license and carcass tag to fish for sturgeon, and being in possession of a spear while in a fishing shelter indicates intent to fish for sturgeon. SECTION 5 allows a person to use a DNR customer identification number to label a fishing shelter as an alternative to a name and address. This practice is currently acceptable for hunting blinds and tree stands.
SECTION 6 corrects a typographical error in the list of counties with motor trolling regulations.
SECTION 7 clarifies that harvest of ruffe, white perch and gobies may be allowed on some waters as established in s. NR 20.20, Wis. Admin. Code. SECTION 8 applies the same bass regulation to Amey Pond as currently applies to Mason Lake to maintain consistency on these connected waters.
SECTIONS 9, 10, 19, 26, 27, 28, 31 and 38 revert Gordon Lake and Zielke Lake in Ashland County, Red Cedar and Hemlock lakes in Washburn and Barron County, Buckskin, George and Katherine lakes in Oneida County, Thompson and Whitcomb lakes in Price County, Cedar Lake in Polk and St. Croix counties, and Balsam Lake in Washburn County to the Ceded Territory walleye regulation of a 3-fish daily bag limit, 20-24-inch protected slot and one fish over 24 inches allowed for harvest. These regulations were initially implemented through the NR 20.35, Wis. Admin. Code regulation change process.
SECTIONS 10, 34 and 44 make minor clarifications to language pertaining to dip netting and seining.
SECTION 11 specifies that the trout season opens at 5 a.m. on the first Saturday in May on certain waters in Bayfield County, consistent with the rest of the state’s opening hours for trout.
SECTIONS 12 and 29 correct an error in the opening date of the musky season on the Holcombe Flowage and Lake Wissota in Chippewa and Rusk counties; the opening date should be the Saturday before Memorial Day.
SECTIONS 13, 15, and 30 update a map reference for the boundary of the Lower Wisconsin River in Columbia, Dane and Sauk counties. The previous boundary reference, the railroad bridge at Sauk City, is no longer there so the point of reference is replaced with the Highway 12 bridge.
SECTION 14 repeals regulations for hybrid striped bass harvest in Columbia Lake, Columbia County. Hybrid striped bass no longer exist in this lake.
SECTION 16 corrects an error in the bag limit for northern pike on Mullet Lake, the Rock River and Horicon Marsh in Fond du Lac County. The bag limit should be 2 instead of 0.
SECTION 17 reverts Crane, Pickerel and Three Johns lakes in Forest County to the statewide bass regulation of a 14-inch minimum length limit and 5 fish allowed for harvest. This regulation was initially implemented through the NR 20.35, Wis. Admin. Code regulation change process.
SECTION 18 reverts Twin Valley Lake in Iowa County to the statewide panfish regulation of 25 fish allowed for harvest. This regulation was initially implemented through the NR 20.35, Wis. Admin. Code regulation change process.
SECTION 19 removes the special trout regulations from the section of the Montreal River that drains into Lake Superior. This section and SECTION 21 also make the regulations for Sherman Lake in Iron County consistent with surrounding waterbodies since it is no longer a research lake.
SECTION 20 makes trout regulations in s. NR 20.20 on the section of the Montreal River that drains into Lake Superior consistent with those listed in s. NR 23.05 for the Wisconsin-Michigan boundary waters of the Montreal River. SECTIONS 22 and 23 remove the catch and release language for northern pike, gar and bowfin on Yellowstone Lake in Lafayette County. Northern pike are not present in the lake, and gar and bowfin are not a target for harvest.
SECTION 24 removes special trout regulations from the south branch of Beaver Creek in Marinette County. The special regulations were applied inadvertently to the south branch of the creek. The regulations should be the county base regulation of a 3-fish daily bag limit and 8-inch minimum length limit.
SECTION 25 reverts the pike regulations on Bear, John and Munger lakes in Oconto County to the statewide regulation of a 5-fish daily bag limit and no size limit. This regulation was initially implemented through the NR 20.35, Wis. Admin. Code regulation change process.
SECTION 28 reverts to the northern bass zone regulations of a daily bag limit of 5 and 14-inch minimum length limit for Bass Lake in Price County. This section also adds the combined waters of Soo Lake, Grassy Lake and the Elk River between the Wiemer and Jobes dams to the experimental panfish regulations of 25 panfish in total but no more than 10 of any species; this change was included in the 2017 Spring Hearings rule but mistakenly was left out of administrative code.
SECTION 32 adds the Black Creek segments in Taylor County to the regulation of a 3-trout daily bag limit and 8-inch minimum length limit. The majority of Black Creek lies in Marinette County, with only the short headwaters segments in Taylor County, so changing this regulation will make trout regulations consistent on the entire creek.
SECTION 33 makes the trolling regulations on Amik Lake (in Vilas County) consistent with the rest of the regulations for the connected Pike Chain of Lakes (in Price County). These four waters are already treated as a single unit in terms of fishing regulations for panfish and walleye.
SECTION 35 applies the same trout regulation to the Vilas County section of Brule Creek as is currently in place for the rest of the creek. This will simplify regulations for anglers.
SECTIONS 36 and 37 correct the walleye regulations on Big Crooked, Jenny and Sanford lakes in Vilas County to have a 5-fish daily bag limit and no size limit. Those regulations were removed inadvertently when the Ceded Territory walleye regulations were applied to northern lakes as the standard regulation.
SECTION 39 adds the special panfish regulation of a 25 fish total bag limit but no more than 10 of any species, which is in place on Big Cedar Lake in Washington County, to Gilbert Lake. These waterbodies are connected and should have consistent regulations.
SECTION 40 clarifies that the 10-fish bag limit for panfish applies to Eagle Spring Lake, Lulu Lake and the segment of the Mukwonago River connecting them (in Walworth and Waukesha counties). This wording is consistent with how the bass and pike regulations are treated for these connected waters.
SECTION 41 restores the continuous catch and release season for trout on McKeawn Springs and Paradise Springs in Waukesha County. A closed season was applied to these waters in error.
SECTION 42 removes the size limit for largemouth bass on Huron Lake in Waushara County while retaining the bag limit of 5 bass. An alternate size limit is warranted because of the slow growth rates of bass on the lake. Alternate size limits may be applied through a simplified regulation change process if fish populations meet the requirements of s. NR 20.35 (3), Wis. Admin. Code. SECTION 43 applies a season for pike on Little Lake Butte des Morts in Winnebago County that is consistent with Lake Winnebago, a connected waterbody.
SECTION 45 establishes a continuous season for white perch on Lake Superior. White perch are considered an invasive species in Lake Superior, and an open harvest season is consistent with white perch regulations on Lake Michigan and in Green Bay.
SECTION 46 adds a provision to s. NR 20.35 (3)(c), Wis. Admin. Code, to provide flexibility for reverting to the county base regulation for trout. A streamlined process for reverting to the statewide regulation for other species is already allowed under s. NR 20.35, as supported through the Spring Hearings, and adding an option for trout will provide a quicker and easier process for simplifying trout regulations in waters where a special regulation is no longer needed. A similar proposal for adding trout to NR 20.35 was supported at the 2016 Spring Hearings. SECTION 48 clarifies the language relating to permit exemptions for fishing tournaments to maintain the existing policy that statewide or regional tournaments that identify waters by name must have a permit.
SECTION 49 eliminates a provision allowing the DNR Secretary to establish alternate size and bag limits for walleye for non-tribal anglers fishing on the Lac du Flambeau reservation. This provision is obsolete since the state transitioned to the Ceded Territory walleye regulations in 2015.
SECTIONS 50 and 51 apply a 10-fish daily bag limit for yellow bass on the Mississippi River boundary waters to match the white bass bag limit that was approved through the 2019 Spring Hearings rule process. The existing regulations of a 25-fish bag limit for rock bass will not change. This will ensure consistency with Minnesota and reduce confusion for anglers.
SECTION 52 removes obsolete language from the definition of “license year” as it pertains to commercial fishing.
6. Summary of, and Comparison with, Existing or Proposed Federal Statutes and Regulations: No federal regulations apply. States possess inherent authority to manage the fishery and wildlife resources within their boundaries, except insofar as preempted by federal treaties and laws, including regulations established in the Federal Registrar.
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 that 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 items in this rule have been compiled by fisheries staff across the state as well as department law enforcement professionals.
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.
