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 (level 3 economic impact analysis of less than $50,000, minimal to no economic impact). 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 February 2021 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 20.03 (6g) is created to read:
NR 20.03 (6g) “Carp” means common carp (Cyprinus carpio), grass carp (Ctenopharyngodon Idella), silver carp (Hypophthalmichthys molitrix), bighead carp (Aristichthys nobilis), black carp (Mylopharyngodon piceus), and goldfish (Carassius auratus)
Section 2 NR 20.09 (1) is amended to read:
NR 20.09 (1) Possess or control any bow, spear, or similar device while on any water or on the banks or shores of any water that might be used for the purpose of fishing except as specifically authorized in s.ss. NR 20.10, NR 20.15 (1m) or 20.20, or ch. NR 21, 22, or 23. Section 3 NR 20.10 (9) is created to read:
NR 20.10 (9) Spear any fish other than a lake sturgeon, except that during the open sturgeon spearing season when the season for spearing rough fish is closed, a licensed sturgeon spearer may retain or dispose of in compliance with s. 287.81 (2), Stats., any carp taken incidentally while sturgeon spearing under subs. (1) to (8) in the portion of the state open to sturgeon spearing, subject to all of the following requirements: (a) The person spearing the carp shall be in possession of an unused sturgeon carcass tag for the water and season during which the carp is incidentally harvested.
(b) The person spearing the carp shall be in possession of a valid fishing license, in addition to the sturgeon spearing license, unless exempt from the requirement to possess a fishing license under s. 29.219, Stats. (c) Any carp speared shall be removed from the water, bank or shore.
Section 4 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 5 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 6 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 7 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 8 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 9 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 10 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 |
Section 11 NR 20.20 (21) (b) 5. 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) |
(21) FOREST (for species or waters not listed, see sub. (73)) |
(b) Largemouth and smallmouth bass | 5. Butternut lake, Franklin lake | a. Hook and line | First Saturday in May to Friday preceding the third Saturday in June | 0 for smallmouth bass, 5 for largemouth bass | None for largemouth bass only except the possession of fish from 14 to 18 is prohibited and only 1 fish may be longer than 18 |
| | | Third Saturday in June to the first Sunday in March | 5 in total | None except the possession of fish from 14 to 18 is prohibited and only 1 fish may be longer than 18 |
| | | Monday following the first Sunday in March to Friday preceding the first Saturday in May | 0 | None |
Section 12 NR 20.20 (21) (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) |
(21) FOREST (for species or waters not listed, see sub. (73)) |
(g) Trout and salmon | 4. Peshtigo river, Rat river | a. Hook and line | First Saturday in May at 5:00 a.m. to October 15 | 3 in total | 8 |
| | b. Hook and line, only artificial lures may be used | October 16 to November 15 | All trout caught shall be immediately released | -- |
Section 13 NR 20.20 (26) (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) |
(26) IRON (for species or waters not listed, see sub. (73)) |
(h) Walleye, sauger and hybrids | 2. Gile flowage, Island lake (connected to Montreal river), Pine lake, 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, West Branch Montreal river, Sherman 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 14 NR 20.20 (26) (h) 5. 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) |
(26) IRON (for species or waters not listed, see sub. (73)) |
(h) Walleye, sauger and hybrids | 5. 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 15 NR 20.20 (37) (e) 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) |
(37) MARATHON (for species and waters not listed, see sub. (73)) |
(e) Panfish | 4. Big Eau Pleine Reservoir | a. Hook and line | Continuous | 10 in total | None |
Section 16 NR 20.20 (37) (f) 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) |
(37) MARATHON (for species and waters not listed, see sub. (73)) |
(f) Trout and salmon | 2. Comet creek, Embarrass river (south branch), Little Wolf river, Plover river | a. Hook and line | First Saturday in May at 5:00 a.m. to October 15 | 3 in total | 12 for brown trout and rainbow trout, 8 for brook trout |