The statement of scope for this rule, SS 020-21 was approved by the Governor on February 19, 2021, published in Register No. 783A1  on March 1, 2021, and approved by the Natural Resources Board on April 14, 2021. This rule was approved by the Governor on November 18, 2021.
ORDER OF THE STATE OF WISCONSIN NATURAL RESOURCES BOARD
REPEALING, RENUMBERING, RENUMBERING AND AMENDING, AMENDING, REPEALING AND RECREATING AND CREATING RULES
The Wisconsin Natural Resources Board proposes an order to repeal NR 20.03 (31) (a) to (h), 20.20 (11) (h) and (i), (21) (b) 4., (51) (d), (53) (e) 6., and 21.04 (3) (b) 2. and (5) (b) 1. b.; to renumber NR 20.03 (19m); to renumber and amend NR 20.03 (31) (intro.); to amend NR 19.025 (title), (1), (3) (a), (c), (dm), (e), (f), and (i), and (5) (a), 19.11 (2) (e), 19.27 (table) and (4) (a) 3. c., 19.275 (3) (g), 20.03 (3), (18), (37m), and (38), 20.05 (12) and (14), 20.06 (1) and (10), 20.09 (1) and (2), 20.15 (1m), 20.20 (1) (b) 2., (2) (a) 2., (7) (bm), (13) (c) 2. and (d), (14) (a) 2. and (b) 2., (16) (c), (21) (b) 3., (22) (e) 3. and 4., (38) (d) 3., (48) (b) 1r., (49) (a) 2., (b), and (c) 2., (56) (d), (57) (i) 4., (58) (e) 3., (64) (i) 2., (64) (i) 7., (68) (a) 1., (70) (a) 4., (73) (f) 2., 20.40 (2) (j), (3) (f), (9), and (10) (c) 1., (d), (g) 10., and (k), 21.04 (2) (c) 2., 21.04 (4) and (4g), 22.06 (1) (f), 23.05 (4), 23.08, and 26.01 (55) (a); to repeal and recreate NR 20.20 (28) (d), (45) (b), (c), (d), and (g), (54) (e), (64) (i) 3., (71) (a), (b), (c), and (f), 20.40 (3m) (c), and 23.05 (5); and to create NR 19.07, 20.03 (20m), 20.09 (1) (note) and (4), 20.19, 20.20 (9) (b) 5., (17) (h) 2., 20.40 (2) (s) (note), and 21.04 (4m) relating to minor changes to fishing regulations on inland, outlying and boundary waters.
FH-14-20
Analysis Prepared by the Department of Natural Resources
1. Statutes Interpreted: Sections 23.09 (2), 29.014, 29.041, and 29.053 (2), Stats., have been interpreted as authorizing the department to conserve and regulate the fish supply on waters of the state while continuing to provide opportunities for good fishing.
2. Statutory Authority:
Sections 23.09 (2), 29.014, 29.041, and 29.053 (2), Stats., authorize this rule.
3. Explanation of Agency Authority:
Section 29.014, Stats., “rule-making for this chapter,” grants the department the authority to establish and maintain open and closed seasons, bag limits, size limits and other conditions that will conserve fish populations and provide good fishing opportunities for the citizens of the state.
Section 29.041, Stats., provides that the department may regulate fishing on and in all interstate boundary waters and outlying waters.
Section 23.09 (2), Stats., authorizes the department to conduct studies and investigations, including entering into cooperative agreements with other persons or agencies and receiving funds from public or private sources for research projects.
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. It also allows the department to establish a fishing season on specified bodies of water in certain urban areas to allow fishing only by persons who are under 16 years old or who are disabled, as specified in s. 29.193 (3) (a), (b), or (c), Stats.
4. Related Statutes or Rules:
No related statutes or rules apply.
5. Plain Language Analysis:
This rule is minor in nature and mainly clarifies regulations, codifies existing department policies to ensure consistency in implementation, corrects outdated language and drafting errors, removes obsolete provisions, updates cross-references and points of reference, and addresses inconsistencies in administrative code language. Some of these changes also make administrative code consistent with regulation changes that were implemented using the process outlined in s. NR 20.35, Wis. Admin. Code, which allows the department to remove a special regulation or implement a predefined alternate regulation through a public notice period and public meeting, if requested. Specifically, these rules will amend fishing regulations found in Chs. NR 19-23 and 26, Wis. Admin. Code.
SECTION 1 implements consistent terminology relating to educational outdoor skills activities, and includes language and a cross-reference relating to the statutory exemptions to the requirement to hold a fishing license.
SECTION 2 clarifies that the department may authorize commercial fishing studies in line with s. 23.09 (2) (h) and (k), Stats., in order to increase useful scientific knowledge, and that the department may authorize activities outside of the times, locations, and gear types established by department rule to be conducted as part of the study design. This makes administrative code consistent with existing department policies and authority.
SECTION 3 states that written authorization from the department may be used in lieu of a scientific collector permit to tag fish for a fishing contest, consistent with current practices.
SECTION 4, 5 and 6 allow a DNR customer identification number to be used instead of a person's name and address for tagging crayfish traps and turtle traps.
SECTION 7 specifies that liquid scents are considered to be a type of artificial lure and lists certain Lake Michigan tributaries (Manitowish River and Sauk Creek and their tributaries upstream to the first dam or lake) that were not plainly listed in the original definition.
SECTION 8 places definitions in correct alphabetical order.
SECTION 9 defines lure and excludes aggregators of hooks, baits and lures as being considered a single lure themselves. Aggregators such as Alabama (umbrella) rigs do not inherently catch fish, but serve to group more than one hook, bait or lure to attract or catch fish. This definition will help clarify what is considered to be a lure for the public.
SECTIONS 10 and 11 specify that fish in a person's possession are included in the possession limit regardless of the person's proximity to the storage location, and pulls specific possession limits out of the definitions section and into a new section (in SECTION 20).
SECTION 12 amends the definition of Sheboygan Marsh to clarify that it encompasses the area of habitat created by water manipulation by the dam, which will also better protect fish populations in that area. This section also makes the definition of spearing consistent with current practices and statutory language, and including a more accurate list of the devices used for spearing fish.
SECTION 13 allows a DNR customer identification number to be used instead of a person's name and address for marking live boxes. This section also clarifies language on department authorization for tagging fish for a fishing contest. This authorization can be a permit condition for fishing tournaments that require a permit, but for tournaments that are exempt from a permit, written authorization would be required for fishing contest organizers to tag fish.
SECTION 14 clarifies the purpose of the cross-reference to s. 29.193 (1m), Stats., with regard to trolling rules to clarify that trolling permit holders and their assistants are exempt from fishing line restrictions when trolling with an electric motor. This section also adds unmanned aircraft systems to the prohibition on remote-controlled devices for fishing.
SECTION 15 and 17 add crossbow to the list of spearing devices, which is consistent with statutory language but is not explicit under current administrative code language.
SECTION 16 adds a note pointing to additional property-specific rules in different chapters of administrative code that prohibit the possession and use of bows, crossbows and spears. On these properties, the weapons restrictions also serve to prohibit bowfishing and spearfishing.
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Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.