SECTION 33 reverts the Wilson Flowage in Price County to the statewide northern zone pike regulation of a daily bag limit of 5 and no size limit, which was implemented through the s. NR 20.35 process and encourages angler harvest of overabundant smaller pike. SECTION 34 reverts Smith Hollow Creek downstream of Robin Hollow Road in Richland County to the county base regulation of a daily bag limit of 3 and minimum length limit of 8 inches, which was implemented through the s. NR 20.35 process. SECTION 36 updates the point of reference for the Wisconsin River muskellunge boundary to the U.S. Highway 12 bridge, since the railroad bridge was removed.
SECTION 37 reverts Black Dan and Island lakes in Sawyer County to the Ceded Territory walleye regulation of a 15-inch minimum length limit, walleye from 20-24 inches may not be kept, and only one over 24 inches may be kept, and a daily bag limit of 3. This section also reverts the Middle Branch Embarrass River in Shawano County to the county base trout regulation of a daily bag limit of 3 and minimum length limit of 8 inches. The department utilized the s. NR 20.35 process to revert to the Ceded Territory walleye and county base trout regulation. This section also makes the Vilas County waters of Sherman Lake consistent with the regulations in the rest of the lake in Iron County. Finally, in combination with SECTION 39, this section applies the Ceded Territory regulation to the Manitowish Chain of Lakes in Vilas County, which was implemented through the s. NR 20.35 process. The size limit consists of a 15-inch minimum length limit, walleye from 20-24 inches may not be kept, and only one over 24 inches may be kept. The daily bag limit of 3 would apply chainwide. SECTION 38 makes regulations that have been applied to certain waters of the Bear River and Manitowish River in Iron County consistent in the same waters across the Vilas County border.
SECTION 40 removes Woodfield Park Pond South from the urban fishing pond program. The pond no longer exists because the dam was removed.
SECTION 42 restores the closed bass season from March to the end of June for the Washington Island complex. This long-standing closed season has been in place for decades to protect spawning bass, with the fishing season opening in July, and was inadvertently overwritten during implementation of the statewide catch-and-release bass season.
SECTIONS 43, 45, 46 and 47 align fishing tournament rules with contemporary practices in light of the implementation of the statewide catch-and-release bass season to maintain good fishing conditions during the first weekend in May. This section specifies that opening weekend is considered to be the first weekend in May rather than the first weekend of a calendar year that a person may fish for that species. The first weekend in May is opening weekend for most species and waters, and due to implementation of the statewide bass catch-and-release season, by the previous definition, any tournament could be held during the first weekend in May. This is inconsistent with previous policy and practices, in which most tournaments may not be held during the first weekend in May to reduce crowding at boat landings and on the water when non-tournament anglers are also trying to fish. There is an exception for traditional tournaments and a de facto exception for tournaments on waters with a continuous open harvest season (which has no opening weekend under the current definition). By updating the definition but establishing an exemption for tournaments on waters with continuous open harvest seasons, those tournaments may continue to be held on the first weekend in May as usual, while other tournaments that are not traditional fishing tournaments still may not hold a tournament that weekend. This section also clarifies language to make tournament provisions more understandable. This section also codifies the practice allowing tournament organizers to deliver trout and salmon taken by tournament participants to a non-profit food distribution service. Finally, this section adds an exemption and cross-reference to the prohibition on tournaments running for more than 10 consecutive hours or more than 4 consecutive days to correct an inconsistency, since some very loosely organized non-Great Lakes tournaments that are exempt from a permit under a different provision may run for more than 4 days.
SECTION 44 adds a note with a cross-reference to ch. NR 45 to the definition of “weigh-in” to signify that special event authorization from the department may be needed for weigh-ins on certain department-managed lands. SECTIONS 48 and 49 eliminate references to Mississippi Pools 10 to 12, which are covered under the Wisconsin-Iowa boundary waters.
SECTIONS 50 and 51 reduce ambiguity in language for Wisconsin-Minnesota panfish regulations to correctly group panfish species with an aggregate bag limit and to separate panfish species with an individual bag limit. This section also lists out all of the boundary waters other than the Mississippi River for which the panfish regulations apply to improve clarity.
SECTION 52 eliminates an unnecessary line of code. Pools 3 to 9 encompass all of the Mississippi River in the Wisconsin-Minnesota boundary waters, so this line is not needed.
SECTION 53 adds a cross-reference to the bullhead and catfish hand and bowfishing regulations in ch. NR 20. SECTION 54 adds the exemption allowing rough fish to be taken by hand during the closed season for trout to be consistent with statutory language.
SECTION 55 lists all the boundary waters for which regulations apply in place of the "all other waters" designation to improve clarity, and makes some water descriptions consistent with how they are listed in ch. NR 20. This section also corrects a typo in bass season dates on the Wisconsin-Michigan boundary waters, which allow catch-and-release at all times outside the harvest season. SECTION 56 allows trolling in Vilas County boundary waters under the same regulation as Vilas County inland waters, since trolling is now allowed in the Michigan side of the waters as well as in Wisconsin. The previous description of trolling in Vilas County was unclear as to how many fishing lines were allowed.
SECTION 57 updates the fish refuge boundaries for the lower Flambeau River. While the practical extent of the refuge will not change, the current description of the refuge upstream of the dams is not needed in the refuge description because that area is already inaccessible to anglers.
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 Register.
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
RULE TEXT
Section 1 NR 19.025 (title), (1), (3) (a), (c), (dm), (e), (f), and (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.
