The statement of scope for this rule, SS 051-22 was approved by the Governor on June 16, 2022, published in Register No. 798B on June 27, 2022, and approved by the Natural Resources Board on August 10, 2022. This rule was approved by the Governor on insert date. ORDER OF THE STATE OF WISCONSIN NATURAL RESOURCES BOARD
REPEALING, AMENDING, AND CREATING RULES
The Wisconsin Natural Resources Board proposes an order to repeal NR 20.20 (49) (c) 1. and (64) (d) 3.; to amend NR 20.20 (1) (c) 1. and (g) 1., (2) (c) 1. and (h) 3., (3) (b) 1., (4) (d) 1., (5) (d) 1. and (i) 1., (6) (g) 1., (7) (bm) 1., (9) (e) 1., (9) (f) 1., (11) (g) 2. and 3. and (j) 1., (13) (d) 1., (14) (d) 1., (16) (d) 1. and (h) 2., (17) (g) 1m. and (h) 1., (18) (h) 1. and 2., (20) (e) 2., (21) (c) 1., (23) (f) 1., (24) (f) 1., (25) (g) 2., (26) (c) 1., (26) (h) 3., (27) (h) 2., (28) (d) 1., (29) (c) 1. and (f) 1., (32) (f) 1., (33) (c) 1. and (g) 1., (36) (a) 1. and (e) 1., (37) (g) 1. and 4., (38) (f) 1., (39) (d) 2. and (g) 1., (42) (f) 1. and 2., (43) (a) 1. and (b) 1., (44) (c) 1., 2., 3., and 4., (45) (c) 1. and (g) 1., (47) (g) 1., (48) (b) 1r., (49) (b) 1. and (c) 2., (50) (c) 1. and 2. and (g) 1., 2., and 3., (51) (c) 1. and (h) 1., (54) (e) 3., (55) (f) 1. and (g) 1., (56) (d) 1., (g) 1., and (h) 1. and 2., (57) (e) 1. and 2. and (f) 1., 4. and 5., (59) (c) 1., (60) (d) 3m., (61) (e) 1., (62) (f) 1., (64) (d) 1. and 2., (65) (d) 1. and (g) 1., (66) (bm) 1., (70) (b) 2. and 3. and (f) 1., (71) (b) 1. and (f) 1., (72) (c) 1. and (g) 1., (73) (g) 1., 2., 3., and 4., and (o) 7, 21.04 (1) (c), (2) (a), (3) (a), (4), (4g), (4m), and (5) (a), and 23.05 (5) (e).; and to create NR 20.20 (5) (a) 2., (13) (em), (26) (c) 2., (35) (bm), (36) (b) 2., (37) (cm), (39) (d) 4., (57) (d) 2. and (f) 6., (68) (cm), 20.40 (3s), 21.04 (2) (b), (3) (a), and (5) (am), and 26.01 (49) (dm) and (68) (am) relating to changes to fishing regulations on inland, outlying and boundary waters. |
FH-01-22
Analysis Prepared by the Department of Natural Resources
1. Statutes Interpreted: Section 23.09 (2) (c), Stats., is interpreted as allowing the department to designate fish refuges. Sections 29.014 (1), 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. Sections 29.403 (1g), Stats., is interpreted as allowing the department to regulate fishing tournaments. 2. Statutory Authority: Sections 23.09 (2) (c), 29.014 (1), 29.041, 29.053 (2), and 29.403 (1g), Stats., authorize these rules. 3. Explanation of Agency Authority: Section 23.09 (2) (c), Stats., provides that the department may designate fish refuges to secure the perpetuation and adequate supply of any species of fish and provide safe retreats in which fish may breed and replenish adjacent fishing waters. The department is directed under s. 29.014 (1), Stats., to establish and maintain any bag limits and conditions governing the taking of fish that will conserve the fish supply and ensure the citizens of this state continued opportunities for good fishing. Section 29.041, Stats., provides that the department may regulate fishing on and in all interstate boundary waters and outlying waters. 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. Section 29.403 (1g), Stats., requires the department to authorize and create rules regulating fishing tournaments, including the overall scope of the tournament program. 4. Related Statutes or Rules: No related statutes or rules apply.
5. Plain Language Analysis:
This rule will apply fishing regulations to waters of the state to accomplish management goals. Such management goals include improving size structure of game fish, increasing the density or abundance of certain fish species or increasing the survival of mature adults, establishing statewide regulations that provide harvest opportunity while protecting fish populations, and aligning regulations with public desires for certain waterbodies. The department utilizes the annual Spring Fish and Wildlife Hearings, held annually statewide, to gain broad public feedback from outdoor recreators on standard fishing regulation change proposals. Specifically, these rules would accomplish the following:
SECTIONS 1, 2, 6, 11, 15, 28, 30, 44, 54, 68, and 69 apply a new standard statewide season structure for musky running from the first Saturday in May to December 31 on open water to inland, outlying and boundary waters of the state, and apply a new standard daily bag limit of 3 in total for walleye, sauger and hybrids for waters with a current daily bag limit of 5 in total to various inland waters of the state.
SECTIONS 3, 4, 8, 10, 12, 19, 23, 37, 42, 43, 47, 51, 53, 56, 58, 64, 65, 70, and 80 apply the new standard statewide season structure for musky running from the first Saturday in May to December 31 on open water.
SECTION 5 creates a new urban fishing pond in the village of Suamico to provide community fishing opportunities.
SECTION 7, 14, 16, 17, 18, 20, 21, 22, 25, 26, 27, 29, 36, 40, 41, 45, 50, 52, 61, 67 and 71 apply the new standard daily bag limit of 3 in total for walleye, sauger and hybrids for waters with a current daily bag limit of 5 in total to inland waters.
SECTION 9, 17, and 53 change the walleye regulation for Lake Wissota and associated waters of the lower Chippewa River to a 13-inch minimum length limit and protected slot of 16-24 inches with only one over 24 inches allowed for harvest, and a daily bag limit of 3. The current 14-18-inch protected slot limit is not fulfilling the desired management goals of maintaining a quality size structure of walleyes in these waters.
SECTION 13 reduces the daily bag limit for panfish on Lake Mendota to 10 in total to reduce angling pressure and allow more panfish to survive to larger sizes.
SECTION 16, 46, and 59 modify the trout regulation for Pine, North Pine and Cady creeks in Dunn, Pierce, and St. Croix counties to a daily bag limit of 5 in total for brown and rainbow trout with immediate release of brook trout, and no size limit for brown and rainbow trout, to facilitate greater angler harvest of brown and rainbow trout while preventing further decline of native brook trout in the stream.
SECTION 22 changes the panfish regulation on Blackhawk Lake in Iowa County to a daily bag limit of 10 in total.
SECTION 24 increases the size limit for musky on the Turtle-Flambeau Flowage in Iron and Vilas counties and associated waters to a 50-inch minimum length limit to provide trophy musky fishing opportunities, and also applies the new standard musky season structure to these waters running from the first Saturday in May to December 31 on open water.
SECTIONS 31, 35, and 50 apply a 50-inch minimum length limit for musky to a section of the Wisconsin River that currently is set at the statewide 40-inch length limit to provide trophy musky fishing opportunities. These sections also include the new statewide season structure for musky running from the first Saturday in May to December 31 on open water.
SECTION 32 establishes a minimum length limit of 18 inches and daily bag limit of one for bass in Wilke Lake, Manitowoc County, to improve the numbers of predatory fish in the lake. This will help maintain a quality bass fishery while increasing predation on overabundant bluegills to provide a balanced panfish fishery with good size structure.
SECTION 33 establishes a 25-35-inch protected slot limit and daily bag limit of 2 for northern pike in Wilke Lake to provide a quality pike fishery with opportunities to harvest both small and large pike while reducing densities of smaller pike.
SECTION 34 utilizes the 18-inch minimum length limit and daily bag limit of 3 regulation for walleye, sauger and hybrids on Wilke Lake to increase the number of walleyes in the lake, which will increase predation pressure on overabundant panfish to help improve the panfish fishery and potentially improve walleye size structure.
SECTION 38 establishes a daily bag limit of 5 with no size limit for northern pike on the White River system in Marquette County to increase harvest opportunities for anglers and provide a consumptive fishery.
SECTION 39 establishes a northern pike regulation of a 25-35-inch protected slot and daily bag limit of 2 for Wood Lake in Marquette County to provide both consumptive and trophy harvest opportunities for pike.
