CR 19-091 Rule Text

The scope statement for this rule, SS 002-19, was approved by the Governor on January 3, 2019, published in Register No. 757A2, on January 7, 2019, and approved by the Natural Resources Board on February 27, 2019. The final rule was approved by the Governor on November 21, 2019.

ORDER OF THE STATE OF WISCONSIN NATURAL RESOURCES BOARD

REPEALING, AMENDING, AND CREATING RULES

The Wisconsin Natural Resources Board proposes an order to repeal 20.20 (11)(b), 20.20 (25)(d) 2., 20.20 (26)(h) 5., 20.20 (33)(d) 2., 20.20 (43)(c), 20.20 (49)(f) 1., 20.20 (60)(e), 20.37; to amend 20.03 (18), 20.05 (14), 20.08 (7)(a) and (b), 20.10 (4) and (6), 20.11 (1)(a), 20.14 (4), 20.14 (9) and (10), 20.15 (4), 20.18 (10), 20.20 (1)(b) 2., 20.20 (2)(h) 2., 20.20 (3)(d) 2. b. and (f) 1., 20.20 (4)(h) 1. a., 20.20 (9)(f) 1., 20.20 (11)(a), 20.20 (13)(b) 1. and 2., 20.20 (20)(b) 2., 20.20 (21)(b) 1., 20.20 (26)(g) 1. and (h) 2., 20.20 (33)(e) 2., 20.20 (38)(d) 3., 20.20 (44)(g) 1., 20.20 (51)(a) 1., (e) 2. and (h) 1., 20.20 (55)(g) 1., 20.20 (56)(a) 1. and 2., 20.20 (61)(d) 2., 20.20 (64)(b) 1. b., 20.20 (64)(h) 4., 20.20 (64)(i) 2., 20.20 (65)(d) 1., 20.20 (66)(f) 2., 20.20 (67)(d) 2., 20.20 (68)(e) 3., 20.20 (68)(f) 1., 20.20 (71)(c) 2., 20.20 (73)(c) 3. c., (h) 3. a. and 4. a., (km) 4., and (L) 1. b., 20.35 (3)(c), 20.40 (3m)(a), 21.04 (4g) and (4r), 25.02 (39); and to create 20.10 (7), 20.20 (26)(g) 1m., 20.20 (64)(a) 2., 20.20 (64)(i) 8., 20.20 (70)(a) 4., 20.20 (73)(m) 3., 20.40 (10)(h) 2. c. relating to minor revisions to fishing regulations on inland, outlying and boundary waters.

FH-23-18

Analysis Prepared by the Department of Natural Resources

1. Statutes Interpreted: Sections 29.014 (1), 29.041, 29.053 (2), and 29.403 (1g), Stats., have been interpreted as authorizing the department to make changes to Wisconsin fishing rules.

2. Statutory Authority: Sections 29.014 (1), 29.041, 29.053 (2), and 29.403 (1g), Stats. authorize these 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.

Section 29.403 (1g), Stats. allows the department to authorize and create rules regulating fishing tournaments, including the overall scope of the tournament program.

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: These rules are minor in nature and mainly clarify regulations, correct outdated language and drafting errors, and address inconsistencies in administrative code language. Specifically, these rules will amend fishing regulations found in Chs. NR 20-26, Wis. Admin. Code.

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 53 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.

SECTIONS 3, 8 and 48 correct a recurring word usage error.

SECTION 4 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. 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 5 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.

SECTIONS 6 and 7 allow a person to use a DNR customer identification number as an alternative to a name and address for labeling fishing shelters or minnow traps. This practice is currently acceptable for identification of hunting blinds and tree stands.

SECTION 9 corrects a typographical error in the list of counties with motor trolling regulations.

SECTION 10 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 11 applies the same bass regulation to Amey Pond as currently applies to Mason Lake to maintain consistency on these connected waters.

SECTIONS 12, 13, 29, 31, 34, and 42 revert Gordon Lake and Zielke Lake in Ashland County, Red Cedar and Hemlock lakes in Washburn and Barron counties, 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 13, 37 and 48 make minor clarifications to language pertaining to dip netting and seining.

SECTION 14 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 15 and 32 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 16, 18, and 33 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 17 repeals regulations for hybrid striped bass harvest in Columbia Lake, Columbia County. Hybrid striped bass no longer exist in this lake.

SECTION 19 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.