SECTION 25 removes the special musky size limit regulation on Butternut Lake in Ashland and Price County to replace it with the statewide regulation of a minimum length limit of 40 inches. The special size limit is no longer needed to decrease musky abundance in the lake.
SECTION 26 maintains the walleye regulations for Butternut and Long (Boyd’s) lakes in Price County at a daily bag limit of 3 and no minimum length limit but only 1 fish over 14 inches allowed for harvest. These walleye regulations were previously grouped with Flambeau River system regulations that are reverting to the Ceded Territory walleye regulations.
SECTION 27 adds Mill Creek from Highway 14 upstream to Quarry Hill Rd and Willow Creek from Lost Hollow Rd upstream to the Highway 58 bridge 0.25 miles north of Loyd to the trout regulation of 5 in total and a maximum length limit of 12 inches. This regulation would allow harvest of trout and reduce brown trout overabundance to improve growth potential.
SECTIONS 30 and 32 apply the same regulations on Schoolhouse Lake as already in place on the connected Durphee Lake, Sawyer County. Durphee Lake is under experimental regulations, so applying consistent regulations to Schoolhouse Lake will simplify the regulations on this chain and improve the data collected to evaluate the experimental regulations.
SECTION 35 establishes Pipke Park pond in Vilas County as an urban fishing pond, with a continuous season except during the period from the second Saturday in March to the Friday before the last Saturday in April which is only open to youth anglers under 16 years old and certain disabled anglers. The daily bag limits shall be 1 game fish (largemouth or smallmouth bass, walleye, northern pike), 3 trout or salmon in total, and 10 panfish in total, with no size limits.
SECTION 37 establishes a minimum length limit of 50 inches and daily bag limit of 1 for musky on the Presque Isle Chain of Lakes (all waters combined). This section also modifies the walleye regulation on Escanaba Lake, an experimental research lake, to the Ceded Territory length limit of 15-inch minimum length limit except walleye between 20-24 inches may not be kept and only one over 24 inches may be kept. The daily bag limit will remain 3 until an annual harvest quota (in pounds of walleye) specified by the department is reached, then will go to 0, catch and release only for the remainder of the season. The season on Escanaba Lake will run from the second Saturday in June to the first Sunday in March.
SECTIONS 40 and 43 revise the northern pike regulation on Big Muskego Lake, including Bass Bay, Waukesha County, and Irogami, Long and Wilson lakes, Waushara County, to be no minimum length limit and a protected slot of 25-35 inches, with a daily bag limit of 2. Applying this regulation will provide anglers with more diversified fishing opportunities while protecting larger female pike and maintaining northern pike size structure and recruitment.
SECTION 42 establishes a regulation of no minimum length limit and daily bag limit of 5 for northern pike in Morris, Big Hills and Pine lakes, Waushara County. Removing the size limit will encourage the harvest of smaller, slow-growing pike to reduce density and improve growth rates and size structure.
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 its own decision-making process. Wisconsin’s approach to fisheries management and regulations are comparable to that of surrounding states. Additionally, Wisconsin works with the natural resources agencies of neighboring states when proposing rules relating to fishing in shared boundary waters.
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.
The regulation proposals included in this rule are based on biological surveys and analyses conducted by fisheries 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. Fishing regulations are already in place for waters of the state, and this rule is intended to continue protection and enhancement of the state’s fish resources by adjusting regulations on select waters where there is a management need. 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
RULE TEXT
Section 1 NR 20.16 (1) (a) 3., 4., 5., 7., 12. and 15. are amended to read:
NR 20.16 (1) (a) 3. ‘Florence county.’ Pine river, Popple river in its entirety.
4. ‘Forest county.’ Peshtigo river downstream from U.S. highway 8, Pine river downstream from STH 55, Popple river in its entirety, and Rat river downstream from Scattered Rice lake.
5. ‘Langlade county.’ Wolf river, main stem of the Plover river upstream of STH 153, excluding tributaries and off-channel springs.
7. ‘Marathon county.’ Black creek (mouth at T27N R7E S4), Black creek (T30N,R3E), Grass creek, McGinnes creek, Fourmile creek, Noisy creek, and Plover river from STH 29 downstream to STH 153, main stem of the Plover river upstream of STH 153, excluding tributaries and off-channel springs.
12. ‘Portage county.’ Ditches 1 through 6 downstream from Townline road and, Tomorrow river from Amherst downstream to Durant road, and Waupaca (Tomorrow) river from Durant road downstream.
15. ‘Waupaca county.’ North branch Little Wolf river from CTH P to CTH J, south branch Little Wolf river, and Waupaca river from Frost Valley road to STH 54, and Waupaca (Tomorrow) river from Frost Valley road upstream.
Section 2 NR 20.20 (1) (d) 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) |
(1) ADAMS (for species or waters not listed, see sub. (73)) |
(d) Northern pike | 3. Parker lake | a. Hook and line | First Saturday in May to the first Sunday in March | 5 | None except the possession of fish from 25 to 35 is prohibited |
Section 3 NR 20.20 (2) (h) 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) |
(2) ASHLAND (for species or waters not listed, including Lake Superior, see sub. (73)) |
(h) Walleye, sauger and hybrids | 2. Butternut lake (on Price County border), North Fork Flambeau river from Upper Park Falls Flowage dam in Price County upstream to the Turtle-Flambeau flowage in Iron County and its tributaries upstream to the first lake, dam, or fish refuge, Mineral lake, Spillerberg lake | a. Hook and line | First Saturday in May to the first Sunday in March | 3 in total | None but only 1 may be longer than 14 |
Section 4 NR 20.20 (2) (h) 4. 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) |
(2) ASHLAND (for species or waters not listed, including Lake Superior, see sub. (73)) |
(h) Walleye, sauger and hybrids | 4. North Fork Flambeau river from Upper Park Falls Flowage dam in Price County upstream to the Turtle-Flambeau flowage in Iron County and its tributaries upstream to the first lake, dam, or fish refuge | a. Hook and line | First Saturday in May to the first Sunday in March | 3 in total | 15 except the possession of fish from 20 to 24 is prohibited and only 1 fish may be longer than 24 |
Section 5 NR 20.20 (7) (bm) 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) |
(7) BURNETT (for species or waters not listed, see sub. (73)) |
(bm) Muskellunge | 1. Namekagon river from the Trego dam to the confluence with the St. Croix river | a. Hook and line | Saturday nearest Memorial day to December 31 on open water | 1 per season | 50 |
Section 6 NR 20.20 (19) (g) 4. 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) |
(19) FLORENCE (for species or waters not listed, see sub. (73)) |
(g) Trout and salmon | 4. Popple river downstream from state highway 139 | a. Hook and line | First Saturday in May at 5:00 a.m. to October 15 | 3 in total | 8 |
| | a. Hook and line, only artificial lures may be used | October 16 to November 15 | All trout caught shall be immediately released | -- |
Section 7 NR 20.20 (19) (g) 5m. 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) |
(19) FLORENCE (for species or waters not listed, see sub. (73)) |
(g) Trout and salmon | 5m. North branch Pemebonwon river | a. Hook and line | First Saturday in May at 5:00 a.m. to October 15 | 5 in total | None |
