NR 20.33(5)(a)(a) Harvest quota. The total allowable annual harvest for the Lake Winnebago system shall be based on an average annual harvest or exploitation rate of 5% of the estimated Lake Winnebago system population of adult female sturgeon, 5% of the estimated population of juvenile female sturgeon and 5% of the estimated population of male sturgeon.

NR 20.33(5)(a)1.1. Lake Winnebago shall be allocated 90% of the Lake Winnebago system harvest cap for adult female sturgeon, 80% of the Lake Winnebago system harvest cap for juvenile female sturgeon, and 80% of the Lake Winnebago system harvest cap for male sturgeon. For the February 2006 sturgeon spearing season, Lake Winnebago shall be allocated 100% of the harvest cap for all cohorts as there is no season on the upriver lakes that year.

NR 20.33(5)(a)2.2. The upriver lakes shall be allocated 10% of the Lake Winnebago system harvest cap for adult female sturgeon, 20% of the Lake Winnebago system harvest cap for juvenile female sturgeon, and 20% of the Lake Winnebago system harvest cap for male sturgeon.

NR 20.33(5)(a)3.3. The number of upriver lakes sturgeon spearing licenses or carcass tags issued annually for each upriver lakes sturgeon spearing season shall be determined by the department. The department shall base its determination for each upriver lakes sturgeon spearing season upon:

NR 20.33(5)(b)(b) Conditions for season closure. The department shall close the season for spearing sturgeon on Lake Winnebago if the actual harvest on Lake Winnebago meets or exceeds 90% of the total allowable annual harvest of adult female sturgeon, juvenile female sturgeon or male sturgeon from Lake Winnebago, as determined by the department. The department shall close the season for spearing sturgeon on the upriver lakes if the actual harvest on the upriver lakes meets or exceeds 90% of the total allowable annual harvest of adult female sturgeon, juvenile female sturgeon or male sturgeon from the upriver lakes, as determined by the department. The department shall close the season for spearing sturgeon on the Lake Winnebago system if the actual harvest on the Lake Winnebago system meets or exceeds 90% of the total allowable annual harvest of adult female sturgeon, juvenile female sturgeon or male sturgeon from the Lake Winnebago system, as determined by the department.

NR 20.33(5)(c)(c) Announcement and notice of season closure. The season closure for the lake Winnebago sturgeon spearing season or the upriver lakes sturgeon spearing season or both shall be announced by a department press release to local media and to the official state newspaper on the day that actual harvest meets or exceeds 90% of the total allowable annual harvest of juvenile female sturgeon, adult female sturgeon or male sturgeon for that season, based upon the registration of harvested sturgeon pursuant to s. NR 20.07 (6). The department shall post notice of the closure in the vicinity of Lake Winnebago or the upriver lakes or both and provide other notice deemed reasonable by the department.

NR 20.33(5)(d)(d) Effective date of season closure. The season closure shall take effect at 1:00 p.m. on the day following issuance of the department press release announcing the season closure in par. (c) when the actual harvest meets or exceeds 90% but is less than 100% of the total allowable annual harvest of juvenile female sturgeon, adult female sturgeon or male sturgeon for that season, based upon the registration of harvested sturgeon pursuant to s. NR 20.07 (6). The season closure shall take effect at 7:00 a.m. on the day following issuance of the department press release announcing the season closure in par. (c) when the actual harvest meets or exceeds 100% of the total allowable annual harvest of juvenile female sturgeon, adult female sturgeon or male sturgeon for that season, based upon the registration of harvested sturgeon pursuant to s. NR 20.07 (6).

NR 20.33 HistoryHistory: Cr. Register, May, 1999, No. 521, eff. 6-1-99; cr. (5), Register, December, 1999, No. 528, eff. 1-1-00; CR 02-014: am. (5) (c), Register September 2002 No. 561, eff. 10-1-02; emerg. r. and recr. (5) (c) eff. 2-2-05; CR 05-073: r. and recr. (5) Register January 2006 No. 601, eff. 2-1-06; CR 17-061: am. (5) (c), (d) Register February 2018 No. 746, eff. 3-1-18; CR 17-051: am. (5) (d) Register March 2018 No. 747 eff. 4-1-18; merger of (5) (d) treatments by CR 17-051 and CR 17-061 made under s. 13.92 (4) (bm) Register March 2018 No. 747.

NR 20.35(1)(1) Purpose. Notwithstanding any provision of either ch. NR 21, 22, 23 or this chapter, for all or part of any inland, boundary or outlying water, the department may apply the alternative size limits, bag limits or both under this section for fish species identified in order to provide for better use and management of the fishery resource of the water to which the proposed alternate limit would apply.

NR 20.35(2)(a)(a) Notice. The department shall prepare and distribute a notice of its intent to apply an alternate limit under this section. The notice shall be published as a class 1 notice under ch. 985, Stats., in a general circulation newspaper in the vicinity of the water and, if the proposal has statewide significance, in the official state newspaper. A copy of the notice shall be sent to individuals and organizations which the department believes may be interested in the matter. The notice shall include a description of the water affected, the fish species affected, the alternate limit which will apply, and the date the alternate limit will take effect. The notice shall invite the public to submit written comments and indicate that a public information meeting will be held on the alternate limit if requested in writing within 10 days after the notice is published.

NR 20.35(2)(b)(b) Public information meeting. If a public information meeting is requested under par. (a), the department shall conduct the public information meeting in the vicinity of the affected water. At the meeting the department shall describe the factual basis for its intended decision and shall receive comments from the public on the matter.

NR 20.35(2)(c)(c) Determination. If, based on facts and information available to it, including comments received in response to the notice and at any public information meeting which may be held, the department concludes that a condition described in sub. (3) affects fish in a specific water, it shall apply the corresponding alternate limit. The alternate limit shall take effect upon the posting of the notice under par. (d).

NR 20.35(2)(d)(d) Posting. The department shall post notice at public access sites on the affected water that an alternate limit applies to a species of fish found in that water. The notice shall set out the name or description of the water or that part of the water to which the proposed alternate limit would apply, the species of fish affected, the corresponding alternate limit and the effective date of the alternate limit.

NR 20.35(2)(e)(e) List. The department shall maintain a current list of all waters to which an alternate limit under this section applies. The list shall be available for public inspection at the department’s central office during regular office hours.

NR 20.35(3)(a)(a) Size limits. If the department finds under sub. (2) that one or more of the following conditions exists in a particular water, the corresponding alternate size limit shall apply to the named species of fish in that water.

NR 20.35(3)(a)1.1. No size limit shall apply to walleye, largemouth bass or smallmouth bass if, for the particular species in a particular water, the department finds that at least one of the following conditions exist:

NR 20.35(3)(a)1.d.d. Walleye males do not grow to a length of at least 13 inches in 4 years or largemouth bass or smallmouth bass do not grow to a length of at least 12 inches in 5 years in all inland waters lying north of a line following state highway 77 from its bridge over the St. Croix river then east on state highway 77 to its intersection with state highway 27, then south on highway 27 to its intersection with state highway 64, then east along highway 64 to its end, then continuing east to the waters of Green Bay or in inland waters of Brown, Kewaunee or Door counties north of a line beginning with the state highway 29 bridge over the Fox river, then east along state highway 29 to its end, then continuing east to Lake Michigan.