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 20.20 (73) (n) 5. 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)
(73) SPECIES OR WATERS NOT LISTED IN SUBS. (1) TO (72)
(n) Trout and salmon
5. Lake Superior, lake trout only
a. Hook and line
December 1 to September 30 except that when recreational lake trout harvest during a season in waters east of a line running north−south from Bark Point (46° 53.21’, −91° 11.16’) measured by department creel surveys exceeds 11,755 lake trout in 2018 or 12,800 in any other year 9,500 lake trout, the season may be closed only in those waters east of Bark Point. A season closure shall become effective upon issuance of an order of the secretary and publication in the official state newspaper.
2 in total in waters east of a line running north−south from Bark Point.
3 in total west of a line running north− south from Bark Point.
In waters east of a line running north−south from Bark Point (46° 53.21’, −91° 11.16’) the minimum is 15 and only 1 fish longer than 25
For lake trout in waters west of a line running north−south from Bark Point the minimum is 15 and only 1 fish longer than 25
Section 2   NR 25.06 (1) (a) 2. is amended to read:
Wisconsin
Statistical District
Allowable annual harvest
WI-2
2. The total allowable commercial and tribal home use harvest in the waters of WI-2 may not exceed 56,00047,330 lake trout.
a. That number of lake trout to be harvested by non-tribal licensed commercial fishers from the waters of WI-2 may not exceed 8,5006,330 lake trout.
b. That number of lake trout to be harvested by the Red Cliff and Bad River bands, including both commercial and tribal home use fishers, from the waters of WI-2 may not exceed 47,50041,000 lake trout.
Section 3   NR 25.06 (1) (c) (intro.), 1., 2., and 3. are amended to read:
25.06 (1) (c) Cisco until January 1, 2021. The total allowable annual harvest of cisco by state and tribal fishers during the open season in Wisconsin waters of Lake Superior may not exceed 7.5 percent of the total of the most recent hydroacoustics cisco biomass estimate 1,794,000 round weight pounds, as determined by the department and tribes and:
1. The total allowable state harvest in the waters of Lake Superior may not exceed 1,497,900897,000 round weight pounds in a calendar year.
2. From October 1 through December 31 of each year, the total harvest of cisco by state licensed commercial fishers using gill nets with a mesh size of not less than 2 3/8 inch and not more than 3 inch3-inch stretch measure may not exceed 1,317,900850,000 round weight pounds.
3. Excluding harvest under subd. 2, from January 1 through December 31 of each year, the total harvest of cisco by state fishers and the department shall not exceed 180,00047,000 round weight pounds. The department shall subdivide the allocation of 180,00047,000 round weight pounds among commercial incidental catch, angling, and department assessment activities.
Section 4   NR 25.06 (1) (c) 4. is created to read:
25.06 (1) (c) 4. The total allowable harvest by the Red Cliff and Bad River bands, including both commercial and tribal home use fishers in the waters of Lake Superior, may not exceed 897,000 round weight pounds in a calendar year.
Section 5   NR 25.06 (1) (c) (note) is repealed.
Section 6   NR 25.07 (1) (b) (title) is amended to read:
25.07 (1) (b) Cisco until January 1, 2021.
Section 7   NR 25.07 (1) (b) (note) is repealed.
Section 8. Statement of Emergency. Lake Superior is the largest freshwater lake in the world and its sport and commercial fisheries are internationally significant. The welfare of state-licensed commercial fishers, tribal commercial fishers, recreational anglers, and associated businesses of Lake Superior depends upon abundant, sustainable fish populations. Additionally, appropriate quotas will allow commercial and recreational fishers to sustainably utilize the available fishery resources while managing harvest of species currently experiencing a population decline, such as cisco. Three years of data are required to identify trends in fish populations and harvest and formulate management decisions, and rule promulgation timelines do not allow for a permanent rule to be fully implemented after such decisions are made and in time for the regulations to be in place for the in-progress fishing seasons. To preserve the welfare of fish populations in Lake Superior and the fishers and businesses that rely on them, the department finds that an emergency rule is necessary to implement rule changes that apply to the harvest of commercial fish species. In order to use the most current biological information and ensure that fish harvest remains sustainable for the duration of the commercial and sport fishing seasons, an emergency rule process needs to be implemented.
Section 9. Effective Date. This rule takes effect upon publication in the official state newspaper, as provided in s. 227.24(1)(c), Stats.
Section 10. Board adoption. This rule was approved and adopted by the State of Wisconsin Natural Resources Board on June 23, 2021.
Dated at Madison, Wisconsin _____________________________.
          STATE OF WISCONSIN    
          DEPARTMENT OF NATURAL RESOURCES               BY ______________________________________
            Preston D. Cole, Secretary
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