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. If Held, Summary of Comments Received During Preliminary Comment Period
and at Public Hearing on the Statement of Scope:
No preliminary public hearing was held.
8. 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.
9. 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.
10. 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 and comment period to determine if any individuals, businesses, local governments, or other entities will be affected economically.
11. Effect on Small Business (initial regulatory flexibility analysis):
The department expects no economic impact directly related to these rule changes. The proposed rule does not impose any compliance or reporting requirements on small businesses nor are any design or operational standards contained in the rule.
13. Place where comments are to be submitted and deadline for submission:
Written comments may be submitted at the public hearings, by regular mail, or email to:
Meredith Penthorn
Department of Natural Resources, FH/4
P.O. Box 7921
Madison, WI 53707
Comments may be submitted to the department contact person listed above or to DNRAdministrativeRulesComments@wisconsin.gov until the deadline given in the upcoming notice of public hearing. The notice of public hearing and deadline for submitting comments will be published in the Wisconsin Administrative Register and on the department’s website, at https://dnr.wi.gov/calendar/hearings/. Comments may also be submitted through the Wisconsin Administrative Rules Website at https://docs.legis.wisconsin.gov/code/chr/active. RULE TEXT
Section 1 NR 19.025 (title), (1), (3) (a), (c), (dm), (e), (f), (i), and (5) (a) are amended to read:
NR 19.025 Waivers for an educational recreational outdoor skills activity. (1) Purpose. This section contains rules for the procedures required to apply to the department for a waiver of approvals, applicable fees and other requirements pursuant to s. 29.197 (2) and (5), Stats., for an educational, recreational and outdoor skills development activity that is sponsored or approved by the department. It further explains the reasonable conditions, limitations and restrictions that will be necessary to allow for approval of the waiver. (3) GENERAL; CONDITIONS, LIMITATIONS AND RESTRICTIONS.
(a) An applicant shall submit a request for a waiver at least 30 days prior to a hunting or trapping eventeducational outdoor skills activity and 15 days before a fishing eventeducational outdoor skills activity. The department may waive the 15 day period for fishing eventseducational outdoor skills activities when the department determines it is not required to conduct criminal history, character or background checks. All applications shall be submitted on forms provided by the department.
(c) There shall be a minimum of 4 hours of classroom and field instruction prior to the hunting or fishing educational outdoor skills activity.
(dm) If there are more novice participant applicants for a specific educational outdoor skills activity event or location than the department or applicant sponsoring the eventeducational outdoor skills activity is able to accommodate, the department may select which of the novice participant applicants will be allowed to participate. When making this selection, the department shall give preference to those novice participant applicants who have had the least previous exposure, as determined by the department, to that recreational activity or the least opportunity to accompany others and learn about that recreational activity.
(e) Where applicable, written authorization from the host landowner shall be obtained and submitted with the application. It shall include the legal description of the lands on which the educational outdoor skills activity will be conducted. If department lands are to be used, the written approval of the property manager shall be obtained.
(f) Unless otherwise approved, the novice participants and mentors participating in the educational outdoor skills activity shall comply with all natural resource rules and regulations.
(i) Upon receipt of information indicating prior illegal activity relevant to a mentor’s ability to properly assist or instruct novice participants, the department may make appropriate inquiry into criminal history, character and background of mentoring applicants and determine their suitability for the proposed educational outdoor skills activity.
(5) SPECIAL FISHING CONDITIONS, LIMITATIONS AND RESTRICTIONS. (a) Except as provided in par. (b) or if exempt from the requirement to possess a fishing approval under s. 29.197 (3) or 29.219 (1), Stats., the applicant, instructors and mentors shall possess a valid fishing approval. Section 2 NR 19.07 is created to read:
NR 19.07 Commercial fishing studies on inland, outlying, and boundary waters. The department may authorize commercial fishing studies, pursuant to ss. 23.09 (2) (h) and (k), Stats., that contribute to increased, useful scientific knowledge of fisheries management and that may include one or more participating commercial fishing licensees. The department may authorize a commercial fishing study to be conducted at a time, in a location, or using a gear type for which commercial fishing is otherwise restricted by department rules. Note: Nothing in this section precludes a commercial fishing licensee operating under s. 29.519 (1m) or (4), 29.523 (1), 29.526 (1), 29.529, 29.531, or 29.533, Stats., and operating under the rules and regulations of chs. NR 20, 21, 22, or 25 from conducting independent research on their own commercial fishing practices and commercial harvest. Section 3 NR 19.11 (2) (e) is amended to read:
NR 19.11 (2) (e) Tagging of fish. Scientific collectors permits are required to capture a wild fish, attach a tag to any part of it, and then to release it back into waters of the state., unless the department grants specific written authorization to tag fish for the purposes of a fishing contest.
Section 4 NR 19.27 (table) is amended to read:
Animal and locality | Open season (both dates inclusive) | Bag limit | Size limit | Methods of taking |
(1) Crayfish All areas except Wis.−Minn. boundary waters. See s. NR 21.04 (12) | Continuous | None | None | Crayfish may be taken by hand, minnow seine, minnow dipnets or minnow traps, as defined in s. NR 20.10, and by crayfish traps with any entrance not to exceed 21/2 inches at its greatest diagonal measurement. |
| | | | All traps used to take crayfish shall be raised and crayfish removed at least once each day following the day set unless otherwise authorized by the district director. |
| | | | All traps shall be tagged with a tag clearly bearing in the English language the name and address or department customer identification number of the owner and trapper. |
Section 5 NR 19.27 (4) (a) 3. c. is amended to read:
NR 19.27 (4) (a) 3. c. Shall plainly and clearly display in the English language the name and address or department customer identification number of the owner or operator; and
Section 6 NR 19.275 (3) (g) is amended to read:
NR 19.275 (3) (g) Use a hoop net turtle trap unless a stamped or engraved metal tag, bearing the name and address or department customer identification number of the operator of the trap in the English language, is attached in a manner that is visible above water and legible at all times.
Section 7 NR 20.03 (3) and (18) are amended to read:
NR 20.03 (3) “Artificial lure" means a spoon, spinner, jig, plug or other fish bait made of hair, feathers, cork, wood, rubber, metal, plastic or other synthetic materials, or combinations of these materials. An “artificial lure" may not include natural or organic food stuffs foodstuffs such as corn, marshmallows, dough, cheese, meat, living or dead organisms or parts of those items, except hair, feathers, cork, liquid scents, wood or rubber.
(18) “Lake Michigan tributaries" means the Pike river and its tributaries, Kenosha and Racine counties; Kewaunee river and its tributaries excluding Little Scarboro, Scarboro, Roger and Casco creeks, Kewaunee county; Manitowoc river and its tributaries upstream to the first dam or lake, Manitowoc county; Milwaukee river upstream to the Grafton dam in the village of Grafton and tributaries to the Milwaukee river upstream to the first dam or lake; Menomonee river upstream to the Lepper dam in the village of Menomonee Falls and tributaries to the Menomonee river upstream to the first dam or lake; Sauk creek and its tributaries upstream to the first dam or lake, Ozaukee county; Sheboygan river downstream to the coast guard station and its tributaries excluding Unnamed tributary (locally known as Willow creek), Sheboygan county; and all other tributaries to Lake Michigan upstream to the first dam or lake.
Section 8 NR 20.03 (19m) is renumbered (19d).
Section 9 NR 20.03 (20m) is created to read:
NR 20.03 (20m) “Lure" means any object used for fishing that is capable of attracting fish, regardless of whether that object includes one or more hooks or is hookless, but “lure” does not include aggregators of hooks, baits, or lures, including devices commonly known as “Alabama” or “umbrella” rigs.
Section 10 NR 20.03 (31), (37m), and (38) are amended to read:
NR 20.03 (31) “Possession limit" means the maximum number of fish that a person may possess at any location, and includes all fish stored or controlled by a person, regardless of the person’s proximity to the location of storage. The possession limit which is twice the total daily bag limit specified in s. NR 20.18 except for the followingas provided in s. NR 20.19:. (a) The possession limit for trout from inland waters is 10.
(b) The possession limit for minnows is specified in s. NR 20.14. (d) There is no possession limit for catfish caught on setlines, set or bank poles on the Fox river upstream from the DePere dam in Brown county.
(e) There is no possession limit for panfish on Twin Valley lake in Iowa county.
(f) There is no possession limit for any species on Nebish, Pallette, Mystery, Spruce or Escanaba lakes in Vilas county unless specified in s. NR 20.20 (64). (g) There is no possession limit for white perch on Lake Michigan, Green Bay, Lake Michigan tributaries, major Green Bay tributaries, all other tributary streams, rivers and ditches to Green Bay upstream to the first dam or lake.
(h) There is no possession limit for fish possessed by a food distribution service, as defined in s. 29.001 (28), Stats., that lawfully receive fish for purposes of redistribution. (37m) “Sheboygan marsh" means waters above the dam within the area commonly known as Sheboygan Marsh county park, including Sheboygan lake and its tributaries upstream to the first road crossing.
(38) “Spearing" or “spear”, when used as a verb, means fishing with a device consisting of a shaft with an attached sharp point or points, and includes devices such as including spears, bow and arrow, crossbow and bolt, and underwater spear guns or similar devices.
Section 11 NR 20.05 (12) and (14) are amended to read:
NR 20.05 (12) Use, possess, control, set or place in any water any live box, or similar device that might be used for the keeping of fish unless a tag of permanent material bearing the name and address or department customer identification number of the owner or user is securely attached and is readable and legible.
(14) Capture, tag, mark or attach any object and release wild fish unless issued a permit by the department pursuant to s. NR 19.11, or by specific written authorization by permit from the department to capture, tag and immediately release fish from the wild using lawful methods for the purposes of a fishing contest, including contests authorized under a fishing tournament permit under in s. NR 20.40 (10) (h) 2. c. Section 12 NR 20.06 (1) and (10) are amended to read:
NR 20.06 (1) Fish in inland waters by the method of trolling with more than 1 line per person, with more than 1 hook, bait, or lure per line, and with more than a total of 3 lines used for trolling per boat, except where specifically authorized in ss. NR 20.15 (4) or 20.20 or as provided in s. 29.193 (1m), Stats, and except that a person with a disability who holds a trolling permit under s. 29.193 (1m), Stats., and any person who assists the disabled person in the same boat, is not subject to the line restrictions of this subsection while trolling with an electric motor.
