Sections 71, 89 and 90 reduce the daily bag limit to three and increase the size limit to 18 inches for walleye, sauger and hybrids in waters of Shawano and Waupaca counties to enhance the quality of these stocking-dependent fisheries.
Sections 81 and 82 remove the size limit for pike on Geneva Lake and applies a bag limit of 5 to increase harvest of smaller pike and improve size structure.
Section 88 revises the bass regulation on Hatch Lake in Waupaca County to a minimum length limit of 18 and a bag limit of one fish. This regulation aims to increase largemouth bass abundance and, through increased predation, decrease the abundance of bluegill to improve bluegill size and growth rates.
Section 96 increases the minimum length limit of lake sturgeon on Lake Superior to 60 inches to protect the self-sustaining population of lake sturgeon while allowing opportunity for limited harvest.
Section 100 decreases the bag limit for walleye and sauger from 5 to 3 on the Winnebago system to protect female walleye and year classes of a certain size which face high fishing pressure. This regulation change impacts waters in Calumet, Fond du Lac, Green Lake, Marquette, Outagamie, Shawano, Waupaca, Waushara and Winnebago counties.
Sections 101 to 104 provide that the department can, by permit and during the open harvest season, allow participants in a catch-hold-release bass fishing tournament to adhere to the statewide regulation of a 5-fish daily bag limit and 14-inch minimum length limit in lieu of special regulations. All bass would need to be released back to the water from which they were caught. This would provide flexibility to tournament participants, since some size and bag limit regulations on certain waters would result in very few fish available for entry in the tournament.
Section 105 and 112 establish Mississippi River regulations for walleye and sauger that are consistent between Wisconsin, Minnesota and Iowa and address walleye size structure issues and declining sauger abundance.
Section 106 establishes Mississippi River regulations for northern pike that are consistent between Wisconsin and Minnesota and help mitigate harvest of trophy northern pike, especially during summer and winter when pike are more concentrated.
Section 107 reduces the bag limit to 15 each for sunfish, crappies and yellow perch on the Mississippi River Pools 3 to 9. A daily bag limit of 15 for each of the three types of panfish could help reduce exploitation of panfish.
Section 108 and 109 establish a bag limit of 10 for white bass to reduce harvest pressure on white bass in Pools 3 to 9 of 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 110 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 111 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 113 removes the minimum length limit for bass on Smoky Lake in Vilas County and establishes a protected slot of 14 to 18 inches with one bass over 18 inches allowed for harvest. This will encourage a quality bass fishery with more abundant large bass, and is consistent with Michigan's proposed regulations. This section also moves the harvest season opener to June and creates a catch-and-release season the rest of the year, consistent with Michigan’s regulations.
Section 114 moves the opening date of the bass harvest season on Wisconsin-Michigan boundary waters from the first Saturday in May to the third Saturday in June, with catch-and-release fishing allowed the remainder of the year.
Section 115 revises the musky season on the Wisconsin-Michigan boundary waters to run from June 1 to December 31 on open water. This section also increases the minimum length limit for musky on most Wisconsin-Michigan boundary waters to 50 inches.
Section 116 extends the time during which 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 117 creates a fish refuge on the Mink River in Door County from early March to June 15 to protect spawning bass.
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 regulations are comparable to that of 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 account for 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 waters of the state 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:
The department does not expect 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 prepared an economic impact analysis, which was posted for public comment in March 2019 to determine if any individuals, businesses, local governments, or other entities expect to be adversely affected economically by the rule. No comments were received on the economic impact analysis.
10. Effect on Small Business (initial regulatory flexibility analysis):
The proposed rule would not impose any reporting requirements on small businesses, nor are any design or operational standards 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
Public hearings were held in each county in Wisconsin on April 8, 2019. The deadline for submission of comments was April 11, 2019.
Section 1 NR 20.10 (7) is created to read:
NR 20.10 (7) Fish for lake sturgeon with a spear having 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 or both, or possess such a spear during the open season for lake sturgeon.
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 (intro.) is amended to read:
NR 20.20 (intro.) County and statewide table. In this section, subs. (1) through (72) list waters or portions of waters by county and specify authorized methods, open seasons, daily bag limits and size restrictions for the taking of fish that are exceptions to the general rules specified in sub. (73). Daily bag limits identified in this section are individual water limits that apply to the waters or portions of waters specified and may be combined with other waters or portions of waters, but no person may exceed the total daily bag limit in s. NR 20.18 unless authorized by s. NR 20.35 or for a specific water listed in s. NR 20.20, 21.04, 22.04 or 23.05 (5). For the purposes of this section, “open water” means all water conditions that prevent a person from using ice as a platform for fishing.
