EmR1511 Modifications in walleye harvest management in Ceded Territory waters.  

  • 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 (3) (f) 2.; to amend NR 20.20 (2) (g), (4) ( i ), (9) (g), (16) (h), (18) (h) 2., (19) (e), (21) (h), (26) (g), (34) (e), (35) (g), (37) ( i ), (44) (b) 4., (44) (g), (49) (f), (51) (g), (55) (e), (57) ( i ), (61) (d), (64) (h), (66) (g), 20.36 (1), (1) (a), and (2), 23.05 (5) (h), and 23.055 (1) and (1) (a); and to create NR 20.20 (38) (f), (43) (f), and (73) (o) 6m., relating to modifications in walleye harvest management in Ceded Territory waters.
    FH-17-14(E)
    Analysis Prepared by the Department of Natural Resources
    1. Statute I nterpreted: Sections 29.014 (1) , 29.041 , and 29.053 (2) , Stats., have been interpreted as giving the department the authority to make changes to fishing regulations on inland, outlying, and boundary waters of Wisconsin.
    2. Statutory A uthority: ss. 29.014 (1) , 29.041 , and 29.053 (2) , Stats.
    3. Explanation of Agency A uthority:
    Section 29.014 (1) , Stats., directs the department to establish and maintain 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.
    4. Related Statutes or R ule s : The department is promulgating an emergency and permanent rule (FH-18-14) on this same subject. The department is also concurrently proposing a rule, FH-14-14, to change multiple fishing regulations statewide that does not take effect until January and April 2016. The changes in th is emergency and permanent rule would supersede those in FH-14-14 if the effective dates overlap .
    5. Plain Language A nalysis: The d epartment finds that an emergency rule is needed to promote the preservation and protection of public peace, health, safety, and welfare in the Ceded Territory of Wisconsin by minimizing regional social and economic disruption associated with reductions in walleye bag limits on off-reservation waters. Pursuant to treaties signed between the six Wisconsin bands of Lake Superior Ojibwe and the United States and affirmed by Lac Courte Oreilles v Voigt, 700 F. 2d 341 (7th Cir. 1983), the bands have the right to harvest fish from off-reservation waters using efficient methods such as spearing and netting. The current model of reducing angling bag limits in response to annual tribal declarations to ensure a sustainable walleye harvest has become increasingly unpredictable in recent fishing seasons, and angling harvest management may be better accomplished with a stable set of regulations that achieve results similar to annual bag limit adjustments.
    Current Methods:
    Based on projected harvest goals of the Chippewa Bands on off-reservation lakes each year, daily bag limits for sport anglers (typically 5 walleye/day) are adjusted to prevent a total harvest of more than 35% of the adult walleye population. Adjustments to 3, 2, or 1 walleye/day bag limits ar e typically made in early spring using safe harvest levels determined by the department on individual waters within the Wisconsin Ceded Territory.
    Taking into account actual Chippewa harvest of walleye, the department raise s the daily bag limit as appropriate using the percent of the safe harvest level expected to be harvested through the first Sunday in March of the following year. These readjustments are typically made in late spring or early summer, after spring spearing and netting harvest has diminished.
    Rule Proposal:
    This rule would prevent the need to make adjustments to daily bag limits and size limits for walleye in the Wisconsin Ceded Territory. Instead, all lakes, rivers, and streams in the Ceded Territory would have a daily bag limit of 3 walleye (walleye, sauger, or hybrids) with varying size limits. The 3-fish daily bag limit and size limits would be appli ed to specific waters to prevent a total harvest (tribal and non-tribal) of more than 35% of the adult walleye population in those waters , which preserves a sustainable walleye fishery.
    Under this rule, a “ Ceded Territory walleye management zone” is being created in addition to a 3 fish daily bag limit . W alleye in most waters in the Ceded Territory would have a minimum size limit of 15 inches, except walleye between 20 and 24 inches may not be kept and only 1 walleye larger than 24 inches may be kept . U nless a different regulation was requested by the local fisheries biologist to ensure better management of the walleye population in a specific water , lakes would have size limits based on the following table:
    I f the current regulation is :
    Then it will become this under the rule:
    15" minimum size, 5 fish daily bag limit (general statewide walleye reg ulations )
    15" minimum size , 20-24 protected slot, and 1 fish may be >24" , 3 fish daily bag limit
    No min imum size, 5 fish daily bag limit
    No min imum size, but only 1 fish may be >14" , 3 fish daily bag limit
    No min imum size, but only 1 fish may be >14" , 3 or 5 fish daily bag limit
    No min imum size, but only 1 fish may be >14" , 3 fish daily bag limit
    No min imum size, 14-18 protected slot , and 1 fish may be >18" , 3 or 5 fish daily bag limit
    No min imum size, 14-18 protected slot , and 1 fish may be >18" , 3 fish daily bag limit
    18" minimum size, 3 fish daily bag limit
    18" minimum size, 3 fish daily bag limit
    28" minimum size, 1 fish daily bag limit
    28" minimum size, 1 fish daily bag limit
    SECTION S 1 through 6 make the changes noted above in the 30 counties that are completely or partially within the Ceded Territory. SECTION 8 changes the walleye bag limits to 3 fish per day on Wisconsin-Michigan boundary waters. No changes are made to Wisconsin-Minnesota boundary waters. The regulation changes follow the Ceded Territory boundary line , not county boundary lines.
    In addition, SECTION 5 creates a catch-and-release only walleye fishery in the Minocqua and Tomahawk chain s of lakes in Oneida County. Out of mutual concern fo r the walleye population in these mixed-fishery chain s of Ceded Territory lakes, representatives of the Lac Du Flambeau Chippewa Tribe, the Headwaters Basin Chapter of Walleyes for Tomorrow, the D epartment, and the Great Lakes Indian Fish and Wildlife Commission have collaboratively developed a plan for a cooperative rehabilitation project . It seeks to restore healthy, self-sustaining walleye populati ons with a density of at least three adult fish per ac re in Minocqua and Kawaguesaga l akes, and to improve the age diversity and abundance of walleye in Tomahawk Lake. All parties mentioned have agreed to not harvest walleye in the Minocqua chain of lakes for a period of five years - until March 2020 - at which point limited harvest would be permitted .
    SECTIONS 7 and 9 update the language that specifies how modifications in daily bag limits or size limits may be made in response to Chippewa harvest levels in the Ceded Territory, including Wisconsin-Michigan boundary waters.
    6. Summary of, and Comparison with, Existing or Proposed F ederal S tatutes and R egulation s : Authority to promulgate fishing regulations is granted to states. None of the proposed changes violate or conflict with federal regulations.
    7. Comparison with S imilar R ules in Adjacent S tates: 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 similar. 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.
    In Minnesota, several B ands of Lake Superior Chippewa have harvested walleye and northern pike from Mille Lacs since 2000. Annual allowable total catch quotas are calculated for the lake and apportioned between tribal members and anglers. The State of Minnesota adjusts the size of fish allowed for angler harvest annually (a “harvest slot” limit), based on walleye population size and the age composition of that population.
    Off-reservation spear harvest also occurs in Michigan, and the state of Michigan and the Great Lakes Indian Fish and Wildlife Commission use the same model for calculating Safe Harvest that is used in Wisconsin. Michigan has no specific response to tribal harvest in the regulations for state anglers but may consider such adjustments in the near future.
    8. Summary of Factual Data and Analytical M ethodologies Used and How Any Related Findings Support the Regulatory Approach C hosen :
    The department currently regulates anglers’ harvest of walleye through a combination of daily bag limits, harvest-length restrictions, and season closures. The current statewide base regulation for walleye management is a 15-inch minimum size restriction in conjunction with a 5-fish daily bag limit, but numerous other regulatory combinations are used to manage angling harvest depending upon lake- or river-specific situations.
    In the Ceded Territory, a “sliding bag limit system” - where daily bag limits are adjusted during the fishing season to prevent a total harvest of more than 35% of the adult walleye population - has been used since 1991 and has shown to be effective in managing walleye exploitation among all anglers. However, concerns about the system have been expressed by many anglers and business interests in northern Wisconsin, including the annual uncertainty resulting from sliding bag limits that occur between March and May, and the resulting bag limits of 1 or 2 walleye per day. Comments received by the department state that these regulations discourage anglers from fishing on affected lakes to the economic detriment of associated businesses. Public input from both anglers and business interests suggests that a stable daily bag limit of 3 walleye may be a preferable tool for walleye harvest management, even if it means more restrictive size limits would be needed to achieve the same level of angling harvest reduction.
    The department investigated the potential impact of various harvest size restrictions in conjunction with a 3-walleye daily bag limit using creel survey data collected from anglers. Creel survey data allows for determination of the proportion of walleye that would be excluded from harvest if a more restrictive harvest regulation were put in place.
    In lakes with a 15-inch minimum harvest size restriction, the addition of a 20-24 inch protected slot limit could potentially more than offset any increased harvest expected from a bag limit increase from 2 to 3 walleye/day. Based on 2013 angling regulations, lakes with 15-inch minimum harvest restrictions account for 71% of all Ceded Territory walleye waters and 46 % of mixed fishery waters.
    Evaluation of creel survey data illustrates that, on average, changing ‘No minimum size’ regulations to ‘No minimum but only one fish may be greater than 14 inches’ regulations would result in up to a 10.7% reduction in the harvest of adult walleye and up to a 10.8% reduction in the total number of walleye harvested from those waters. These regulations are applied to waters with high walleye recruitment and slow growth due to high population density. The harvest of young and small adult fish is encouraged to ‘thin’ the population, allow for increased growth of remaining fish and increase potential for higher proportions of large fish in the population.
    Protected slot regulations can be expected to have a far greater impact in controlling or red ucing angler exploitation than ‘ 1-over regulations which allow harvest of one fish larger than a given length in an angler’s daily bag limit. Further, the relative impact of protected slot regulations for fish greater than 20 inches would be limited where harvest of small fish predominates, and greatest where numbers and harvest of large fish is more prevalent.
    If angler bag limits are standardized to 3 walleye/day in the Ceded Territory and regulations were modified to add a ‘1 over 14 inch’ component to existing ‘no minimum harvest size’ regulations and a 20 to 24-inch protected slot limit added to existing 15-inch minimum size regulations, the department expects that angler harvest would increase in approximately 33% of Ceded Territory mixed fishery waters, and remain similar or be slightly reduced in approximately 67% of Ceded Territory mixed fishery waters.
    Lakes where increased harvest would be expected are those that currently have ‘No minimum size but only one fish >14 inches’ regulation or a 14 to 18-inch protected slot limit regulation. As previously noted, these regulations are applied to waters with high recruitment and slow walleye growth due to high fish density. The harvest of young fish is encouraged to “ thin the population, allow for increased growth of remaining fish and increase the potential for more large fish in the population. In these cases, some level of additional harvest may improve size structure and quality of the fishery.
    T he proposed rule is sufficient to control o verall angler exploitation of walleye at a sustainable rate that is well within the bounds established by Federal Court rulings, and will not increase angler harvest in the majority of Ceded Territory lakes except as noted above. The rule will potentially allow for development of improved size structure within walleye spawning populations in many fisheries. The rule does not regulate tribal harvest. It is crafted to minimize the risk that total walleye harvest will not exceed 35% of the adult walleye population .
    The department ensures the accuracy, integrity, objectivity and consistency of data used in preparing the pr oposed rule.
    9. Analysis and Supporting Documents Used to D etermine the E ffect on S m all B usiness or in P reparation of an Economic Impact R eport: The rule change would impact sport anglers. Changes in angling regulations enacted to accommodate declared, expected, or realized tribal harvest could potentially alleviate or minimize regional social and economic disruption sometimes associated with reductions in walleye bag limits on off-reservation waters within the Ceded Territory. Exact economic impact of the rule is unknown, but more predictable, stable angling regulations may have a positive indirect impact on fishing-related businesses.
    1 0 . Effect on Small B usiness (initial regulatory flexibility analysis) : It is not expected that there will be any effect on small business directly related to these rule changes. The rule does not impose any reporting requirements on small businesses nor are any design or operational standards contained in the rule.
    11 . A gency Contact P erson:
    Steve Hewett, Fisheries Management Section Chief
    Department of Natural Resources
    P.O. Box 7921
    Madison, WI 53707-7921
    Phone: 608-267 -7501
    Fax: 608-266-2244
    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 the contact listed above. Written comments may also be submitted to the Department using the Wisconsin Ad ministrative Rules Internet web site at http://adminrules.wisconsin.gov . Hearing dates and the comment submission deadline are to be determined.
    Section   NR 20.20 (2 ) (g) is amended to read:
    NR 20.20 (2) ASHLAND (for species or waters not listed, including Lake Superior, see sub. (73))
    (g) W alleye, sauger and hybrids
    1 . Spider lake, Moquah lake Spider− Moquah chain of lakes
    a. Hook and line
    First Saturday in May to the first Sunday in March
    3 in total
    18
    3. Gordon lake, Lake Gal i lee, Zielke lake, North Fork Flambeau river and its tri b utaries upstream to the first dam or lake, Mineral lake , Spillerburg lake
    a. Hook and line
    First Saturday in May to the first Sunday in
    March
    5 in total but only 1 may be longer than 14”
    3 in total
    None but only 1 may be longer than 14
    4. All tributaries and co n nected sloughs to Lake
    Superior
    a. Hook and line
    First Saturday in May to the first Sunday in
    March
    5 in total but only 1 may be longer than 20”
    15 but only 1 may be longer than 20
    5. Spillerburg lake
    a. Hook and line
    First Saturday in May to the first Sunday in
    March
    5 in total
    None
    Section   NR 20.20 (3) (f ) 2. is repealed.
    NR 20.20 (4) BAYFIELD (for species or waters not listed, including Lake Superior, see sub. (73))
    (i ) W alleye, sauger and hybrids
    1. Bony lake, Jackson lake, Middle Eau Claire lake, Namekagon lake, Pike Lake chain (includes Buskey Bay lake, Millicent lake, Hart lake, T win Bear lake, Eagle lake, Flynn lake and McCarry lake combined )
    a. Hook and line
    First Saturday in May to the first Sunday in
    March
    5 in total but only 1 may be longer than 14”
    3 in total
    None except the possession of fish from 14 to 18 is prohibited and only 1 fish may be longer than 18
    2. All tributaries to Lake Superior and their co n nected sloughs
    a. Hook and line
    First Saturday in May to the first Sunday in March
    5 in total but only 1 may be longer than 20”
    15 but only 1 may be longer than 2 0
    3. Diamond lake
    a. Hook and line
    First Saturday in May to the first Sunday in March
    3 in total but only 1 may be longer than 28”
    15, except the posse s sion of fish from 2 0” to 2 8” is prohibited
    4. Lake Owen , Lower Eau Claire lake, Upper Eau Claire lake
    a. Hook and line
    First Saturday in May to the first Sunday in March
    3 in total
    18
      NR 20.20 (9) (g) CHIPPEWA (for species or waters not listed see sub. (73))
    (g ) W alleye, sauger and hybrids
    1. Chippewa river and its impoundments and trib u taries upstream to the first dam or lake including Y ellow river upstream to the Suetlik dam at Cadott and its tributaries upstream to the first dam or lake, Long lake (T32N R8W) inclu d ing Herde lake, Dark lake (T32N R8W), Jump river and its tributaries upstream to the first dam or lake
    a. Hook and line
    First Saturday in May to the first Sunday in
    March
    5, but only 1 may be longer than 18 inches
    3 in total
    No minimum length, except the possession of fish from 14” through 18” is prohibited
    None except the possession of fish from 14 to 18 is prohibited and only 1 fish may be longer than 18
    2. Long lake (T32N R8W) inclu d ing Herde lake and Dark lake, Sand lake
    a. Hook and line
    First Saturday in May to the first Sunday in
    March
    3 in total
    18
      NR 20.20 (16) (h) DOUGLAS (for species or waters not listed, including Lake Superior, see sub. (73)). Note: Allouez bay, Little Pokegama bay, Kimballs bay and Pokegama bay are considered part of the St. Louis river, a Wisconsin−Minnesota boundary water. See ch. NR 21 . The Nemadji river is an inland water that is contiguous with these Wisconsin−Minnesota boundary waters but is regulated under this subsection.
    (h) W alleye, sauger and hybrids
    1. Nemadji river
    a. Hook and line
    Saturday 2 weeks prior to the Saturday nearest Memorial day to March 1
    2 in total
    15
    2 . T ributaries to Lake Sup e rior and their connected sloughs upstream to the first dam or lake
    a. Hook and line
    First Saturday in May to the first Sunday in March
    5 in total but only 1 may be longer than 20”
    1 5 , but only 1 may be longer than 20
    3. Beauregard lake, Minong flowage including Cra n berry lake and upstream to the confluence of T otagatic river and Be r gen creek in W ashburn county
    a. Hook and line
    First Saturday in May to the first Sunday in March
    5 3 in total
    None, but only 1 may be longer than 14
    4. Amnicon lake, Lake Nebagamo n , Lower Eau Claire lake , R ed Lake
    a. Hook and line
    First Saturday in May to the first Sunday in March
    3 in total
    18
      NR 20.20 (18) EAU CLAIRE (for species or waters not listed see sub. (73))
    (h) W alleye, sauger and hybrids
    2. Chippewa river upstream from Dells Pond dam including sloughs, bayous, flowages and tributaries upstream to the first dam or lake
    a. Hook and line
    First Saturday in May to the first Sunday in March
    5 in total, but only 1 may be longer than 18 inches
    3 in total
    No minimum length, except the possession of fish from 14” through 18” is prohibited
    None except the possession of fish from 14 t o 18 is prohibited and only 1 fish may be longer than 18
      NR 20.20 (19) FLORENCE (for species or waters not listed, see sub. (73))
    ( e ) W alleye, sauger and hybrids
    1. Keyes lake , Sea Lion lake
    a. Hook and line
    First Saturday in May to the first Sunday in March
    3 in total
    18
      NR 20.20 (21) FOREST (for species or waters not listed, see sub. (73))
    (h ) W alleye, sauger and hybrids
    1. Crane lake, Franklin lake, Hilbert lake, Jungle lake, Lucerne lake, Metonga lake, and Pickerel lake s lake
    a. Hook and line
    First Saturday in May to the first Sunday in March
    3 in total
    18
    2. Butternut and Franklin lakes
    a. Hook and line
    First Saturday in May to the first Sunday in
    March
    5 in total but only 1 may be longer than 18”
    None except the po s session of fish from 1 4” through 1 8” is prohibited
      NR 20.20 (26) IRON (for species or waters not listed, including Lake Superior, see sub. (73))
    (g) W alleye, sauger and hybrids
    1. Grand Portage lake, Me rcer lake
    a. Hook and line
    First Saturday in May to the first Sunday in March
    3 in total
    18
    3 . Catherine lake, Cedar lake, Echo lake, Gile flowage, Island lake, Little Oxbow lake, Oxbow lake, Pine lake, Randall lake, Sherman lake, Spider lake, North Fork Flambeau river and its tributaries, West Branch Montreal river , Turtle river upstream from Echo lake
    a. Hook and line
    First Saturday in May to the first Sunday in March
    5 3 in total
    None, but only 1 may be longer than 14
    4 . Tributaries to Lake Superior and their connected sloughs
    a. Hook and line
    First Saturday in May to the first Sunday in March
    5 in total
    15, but only 1 fish may be longer than 20
    5. Wilson lake Bear river, Flambeau river upstream of Turtle-Flambeau flowage, Little Turtle river, Manitowish river (including Benson lake, Sturgeon lake, and Vance lake) , Trude lake, Turtle-Flambeau flowage
    a. Hook and line
    First Saturday in May to the first Sunday in March
    5 3 in total
    None
    6. Sherman lake
    a. Hook and line
    Continuous
    None
    None
      NR 20.20 (34) LANGLADE ( for species or waters not listed see sub. (73))
    (e ) W alleye, sauger and hybrids
    1. Jessie lake, Pickerel lake, Rolling Stone lake , Rose lake, Sawyer lake
    a. Hook and line
    First Saturday in May to the first Sunday in March
    3 in total
    18
    2. Jesse lake, Rose lake, Sawyer lake
    a. Hook and line
    First Saturday in May to the first Sunday in March
    5 in total but only 1 may be longer than 14”
    None
    3. Enterprise lake
    a. Hook and line
    First Saturday in May to the first Sunday in March
    3 in total but only 1 may be longer than 18”
    None but the posse s sion of fish from 14 through 18 inches is prohibited
      NR 20.20 (35) LINCOLN ( for species or waters not listed see sub. (73))
    ( g ) Walleye, sauger and hybrids
    1. Wisconsin river upstream from Grandfather dam to Kings dam including sloughs, bayous and flowages upstream to the first dam or highway bridge, except the boundary of the Wisconsin and Somo rivers is the Tomahawk Railway Railroad bridge on the west side of lake Mohawksin , the boundary of the Wisconsin and Tomahawk rivers is the Canadian National Railroad bridge nearest Baymill road, and the boundary of the Wisconsin and Spirit rivers is the confluence of the Spirit river with the Wisconsin river located one mile south of the Spirit river dam
    a. Hook and line
    Continuous
    5 3 in total
    15 except the posse s sion of fish from 20 t o 24 is prohibited and only 1 fish may be longer than 24
    1g. Wisconsin river upstream from Kings dam including sloughs, bayous, and flowages upstream to the first dam or highway bridge
    a. Hook and line
    First Saturday in May to the First Sunday in March
    5 3 in total
    15 except the posse s sion of fish from 20 t o 24 is prohibited and only 1 fish may be longer than 24
    1m. Wisconsin river downstream from Grandfather dam including sloughs, bayous and flowages upstream to the first dam or highway bridge
    a. Hook and line
    Continuous
    5 3 in total
    15 except the possession of fish from 20 to 28 is prohibited and only 1 fish may be longer than 28
    2 . Pesobic lake
    a. Hook and line
    First Saturday in May to the First Sunday in March
    5 in total but only 1 fish may be longer than 14
    None
    2. Rice River Flowage c hain (Bridge lake , Deer lake, Nokomis lake , and Rice lake combined )
    a. Hook and line
    First Saturday in May to the first Sunday in March
    3 in total
    15 except the posse s sion of fish from 20 t o 24 is prohibited and only 1 fish may be longer than 24
      NR 20.20 (37) MARATHON ( for species or waters not listed see sub. (73))
    (i) Walleye, sauger and hybrids
    1. Wisconsin river downstream of the Wausau dam (in Wausau) including sloughs, bayous and flowages upstream to the first dam or highway bridge except the eastern boundary of the Wisco nsin River and Peplin and John son Creeks and the Little Eau Claire River, at Lake DuBay , is the so uth−bound lane of Interst ate 39 , Eau Claire river downstream from the Schofield dam and the eastern boundary of the Wisconsin river and the Eau Claire river is the Schofield dam
    a. Hook and line
    Continuous
    5 in total
    15 minimum, but except the possession of fish from 20 to 28 is prohibited and only 1 fish may be longer than 28
    2. Wisconsin river upstream of the Wausau dam (in Wausau) including sloughs, bayous and flowages upstream to the first dam or highway bridge
    a. Hook and line
    Continuous
    3 in total
    15 except the possession of fish from 20 to 28 is prohibited and only 1 fish may be longer than 28
    3. Big Eau Pleine reservoir (upstream from Dam road)
    a. Hook and line
    First Saturday in May to the first Sunday in March
    3 in total
    15 except the posse s sion of fish from 20 t o 24 is prohibited and only 1 fish may be longer than 24
    2. 4. Big Rib river downstream from highway 29, Johnson creek, Little Eau Claire river, Little Eau Pleine river, Peplin creek
    a. Hook and line
    First Saturday in May to the first Sunday in March
    5 in total
    15 minimum, but except the possessio n of fish from 20 to 28 is pro hibited and only 1 fish may be longer than 28
    Section   NR 20.20 (38) (f ) and (43) (f) are created to read:
    NR 20.20 (38) MARINETTE (for species or waters not listed, including Green Bay and its tributaries, see sub. (73))
    (f) Walleye, sauger and hybrids
    1. Big Newton lake, Eagle lake, Hilbert lake, Little Newton lake, Oneonta lake, Thunder lake
    a. Hook and line
    First Saturday in May to the first Sunday in March
    3 in total
    18
      NR 20.20 (43) OCONTO (for species or waters not listed, including Green Bay and its tributaries, see sub. (73))
    (f) Walleye, sauger and hybrids
    1. Archibald lake, Bass lake, Bear lake, Boot lake, Chain lake, Crooked lake, Horn lake, John lake, Maiden lake, Munger lake, Reservoir pond, Surprise lake, Townsend flowage, Waubee lake, Wheeler lake
    a. Hook and line
    First Saturday in May to the first Sunday in March
    3 in total
    18
      NR 20.20 (44) ONEIDA ( for species or waters not listed see sub. (73))
    (b) Largemouth and smallmouth bass
    4. Minocqua chain (includes Jerome, Kawaguesaga , Little Tomahawk, Mid, Minocqua, and Mud , and Tomahawk lakes, Minocqua Thoroughfare, Tomahawk Thoroughfare , and connecting waters) , Tomahawk chain (includes Little Tomahawk lake and Tomahawk 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
    Third Saturday in June to the first Sunday in March
    5 in total
    None
    NR 20.20 (44) ONEIDA ( for species or waters not listed see sub. (73))
    (g) W alleye, sauger and hybrids
    1. Three lakes chain (includes Big, Big Fork, Big Stone, Crystal, Deer, Dog, Fourmile , Island, Laurel, Little Fork, Long, Medicine, Moccasin, Planting Ground, Rangeline , Round, Spirit, Townline , Virgin and Whitefish lakes, all connecting waters and Eagle
    river downstream to Vilas county line the Long Lake (Burnt Rollways) dam ) , Alva, Bearskin lake , Buckskin lake , Buffalo, C rescent lake , Diamond, George lake , Hasbrook lake , Katherine lake , Lost (T38N R9E S24), Mercer lake , Moen chain including Moen, Second, Third, Fourth, Fifth lakes and connecting waters, Muskellunge, Oneida lake , Pine (T37N R9E S4), Soo, Squash and Squirrel lakes and Sugar Camp chain including Dam, Sand, Echo, Chain and Stone (T39N R9E S32) lakes and connecting waters Squirrel lake
    a. Hook and line
    First Saturday in May to the first Sunday in March
    5 in total but only 1 may be longer than 14”
    3 in total
    None except only 1 fish may be longer than 14
    2. Maple lake, Minocqua chain (includes Kawagu esaga , Littl e T omahawk, Mid, Minocqua Mud, and T omahawk lakes and co n necting waters ), North Nokomis lake, Sevenmile lake, Shishebogama lake , Squash lake, Stella lake, Thunder lake , Two Sisters lake
    a. Hook and line
    First Saturday in May to the first Sunday in March
    3 in total
    18
    3. Shishebogama lake
    a. Hook and line
    First Saturday in May to the first Sunday in March
    3 in total unless otherwise posted at public boat lan d ings pursuant to s. NR 20.37
    18 unless otherwise posted at public boat landings pursuant to s. NR 20.37
    4. Minocqua chain (includes Jerome, Kawaguesaga , Mid, Minocqua, and Mud lakes, Minocqua Thoroughfare, Tomahawk Thoroughfare, and connecting waters), Tomahawk chain (includes Little Tomahawk lake and Tomahawk lake)
    a. Hook and line
    First Saturday in May to the first Sunday in March
    0, catch and release only
    5. Diamond lake
    a. Hook and line
    First Saturday in May to the first Sunday in March
    3 in total
    None except the possession of fish from 14 to 18 is prohibited and only 1 fish may be longer than 18
    6. Rice River Flowage c hain (Bridge lake , Deer lake, Nokomis lake , and Rice lake combined )
    a. Hook and line
    First Saturday in May to the first Sunday in March
    3 in total
    15 except the posse s sion of fish from 20 t o 24 is prohibited and only 1 fish may be longer than 24
      NR 20.20 (49 ) POLK (for species or waters not listed see sub. (73))
    (f ) W alleye, sauger and hybrids
    1. Cedar lake
    a. Hook and line
    First Saturday in May to the first Sunday in March
    3 in total but only 1 may be larger than 18
    None except the possession of fish from14 t o 18 is prohibited and only 1 fish may be longer than 18
    2 . Balsam lake, Big Round lake, Big Bu t ternut lake, Half Moon lake, Pipe and North Pipe lakes combined, W ard lake
    a. Hook and line
    First Saturday in May to the first Sunday in March
    3 in total
    18
      NR 20.20 (51) PRICE ( for species or waters not listed see sub. (73))
    (g) W alleye, sauger and hybrids
    1 . North Spirit lake, Spirit
    lake, Thompson lake, Whitcomb lake, Jump river and its tributaries upstream to the first dam or lake
    a. Hook and line
    First Saturday in May to the first Sunday in March
    5 in total but only 1 may be
    longer than 18”
    3 in total
    None but except the possession
    of fish from 14 to
    18 inches is prohibited
    and only 1 fish may be longer than 18
    2. North Fork Flambeau
    river and South Fork Flambeau
    river including their
    impoundments and tributaries
    upstream to the first
    dam or lake, Elk river from Musser flowage dam downstream to its confluence with South Fork Flambeau river including the Phillips chain of lakes (Duroy, Elk, Long, and Wilson lakes combined), Butternut lake , Grassy lake, Lac Sault Dore, Pike chain of lakes ( Amik , Pike, Round, and Turner lakes combined), Solberg lake (including its tributaries upstream to the first dam or highway bridge and all of Squaw Creek)
    a. Hook and line
    First Saturday in May to the first Sunday in March
    5 in total but only
    1 may be
    longer than 14”
    3 in total
    None but only 1 fish may be longer than 14
      NR 20.20 (55) RUSK ( for species or waters not listed see sub. (73))
    (e ) Walleye, sauger and hybrids
    1. Chippewa river and all tributaries upstream to the first dam or lake, Flambeau river upstream to the Tho r napple flowage dam including all tributaries upstream to the first dam or lake, Jump river and its trib u taries upstream to the first dam or lake
    a. Hook and line
    First Saturday in May to the first Sunday in March
    5 in total but only 1 may be longer than 18”
    3 in total
    None but except the posse s sion of fish from 14 to 18 inches is prohibited and only 1 fish may be longer than 18
    2. Flambeau river upstream from the Thornapple flo w - age dam including impoundments and trib u - taries upstream to the first dam or lake, south fork Flambeau river and trib u - taries upstream to the first dam or lake
    a. Hook and line
    First Saturday in May to the first Sunday in March
    5 in total but only 1 may be longer than 14”
    3 in total
    None but only 1 fish may be longer than 14
    3. Chain, Clea r , Island, McCann lakes (Island chain of lakes), and connecting waters , Pulaski lake, Sand lake
    a. Hook and line
    First Saturday in May to the first Sunday in March
    3 in total
    18
      NR 20.20 (57) SAWYER ( for species or waters not listed see sub. (73))
    (i ) W alleye, sauger and hybrids
    1. Grindstone lake, Chi p pewa river downstream from Radisson flowage including all tributaries upstream to the first dam or lake , Winter lake and Brunet
    river upstream from
    Winter lake to the Lake
    Loretta dam
    a. Hook and line
    First Saturday in May to the first Sunday in March
    5 in total but only 1 may be longer than 18”
    3 in total
    None but except the posse s sion of fish from 14 t o 18 inches is prohibited and only 1 fish may be longer than 18
    2. Flambeau rive r , north fork Flambeau river and south fork Flambeau river including their tributaries upstream to the first dam or lake , West Fork Chippewa river upstream to FR 174, Moose lake
    a. Hook and line
    First Saturday in May to the first Sunday in March
    5 in total but only 1 may be longer th an 14
    3 in total
    None but only 1 fish may be longer than 1 4
    3. Clear lake
    a. Hook and line
    First Saturday in May to the first Sunday in March
    1
    28
    4. Big Chetac lake, Birch lake, Black Dan lake, Durphee lake, Island lake (T39N R5W S2), Osprey lake, Sand lake, including Sissabagama creek upstream to Sand lake road, Nelson lake, Siss a bagama lake, and Whit e fish lake
    a. Hook and line
    First Saturday in May to the first Sunday in March
    3 in total
    18
    5. Chippewa flowage and all connected waters within T39N R6, T39N R7, T39N R8, T40N R6, T40N R7, T40N R8 except the Chippewa river downstream from the Chippewa flowage (Winter) dam
    a. Hook and line
    First Saturday in May to November 30
    5 3 in total
    None 15 e xcept the posse s sion of fish from 20 t o 24 is prohibited and only 1 fish may be longer than 24
      NR 20.20 (61) TAYLOR ( for species or waters not listed see sub. (73))
    (d) W alleye, sauger and hybrids
    1. Diamond lake, North Harper lake, Sackett lake, South Harper lake, J ump river and t ributaries upstream to the first dam or lake
    a. Hook and line
    First Saturday in May to the first Sunday in March
    5 in total but only 1 may be longer than 18”
    3 in total
    None but except the posse s sion of fish from 14 to 18 inches is prohibited and only 1 fish may be longer than 18
      NR 20.20 (64) VILAS ( for species or waters not listed see sub. (73))
    (h) W alleye, sauger and hybrids
    1 . T rout lake
    a. Hook and line
    First Saturday in May to the first Sunday in March
    3 in total
    15
    2. Eagle chain (includes Catfish, Cranberr y , Duck,
    Eagle, L ynx, Otte r , Scattering Rice, V oyageu r , W ate r smeet including W isconsin river from Otter Rapids dam to county highway G, Y ellow birch lake, all con necting waters and Eagle river upstream to Oneida county line the Long Lake (Burnt Rollways) dam in Oneida county ) ; Big Portage lake , Forest lake , Lost Canoe lake , Plum lake, West Plum lake
    a. Hook and line
    First Saturday in May to the first Sunday in
    March
    3 in total but only 1 may be
    longer than 18 "
    None except the pos session of fish from 1 4 " through 1 8” 14 to 18 is prohibited and only 1 fish may be longer than 18
    3. Anvil, Big Portage, Forest, Lost Canoe, and
    Plum lakes
    a. Hook and line
    First Saturday in May to the first Sunday in March
    5 in total but only 1 may be longer than 18 "
    None except the pos session of fish from 1 4 " through 18 " is prohibited
    4. Alde r , A verill, Big(T42N R6E S4), Big Arbor V itae, Big Muskellunge, Birch, Boulde r , Buckskin, Clea r , Crab, Emil y , Fawn(T42N R5E S 1 1), Fishtrap , Harris, High, Kentuck , Ike W alton, Island, Laura, Little Arbor V itae, Little Sta r , Manitowish, North Crab, North T urtle, Oxbo w , Presque Isle chain (includes Averill, Presque Isle, and Van Vliet lakes combined) , Rest, Rock, Rush, South T urtle, Spide r , Squa w , Sta r , Stone, V an Vliet , and W ild Rice lakes , Big Crooked lake (T42N R6E S12), Jenny lake, Sanford la ke , Pike chain of lakes ( Amik , Pike, Round, and Turner lakes combined) on the Price county border
    a. Hook and line
    First Saturday in May to the first Sunday in March
    5 in total but only 1 may be longer tha n 14”
    3 in total
    None but only 1 fish may be longer than 1 4
    5. Big Crooked (T42N R6E S12), Jenny lake, Sanford lake , Bear river, Manitowish river ( including Benson lake, Sturgeon lake, and Vance lake)
    a. Hook and line
    First Saturday in May to the first Sunday in March
    5 3 in total
    None
    6. Big Crooked lake (T41N R5E S22), Gunlock lake, La c du Flambeau Chain (includes Big Crawling Stone, Little Crawling Stone, Little Sand, Fence, Flambeau, Long Interlaken, Moss, North Placid, Pokegama , South Placid, T o− T o− T om, White Sand(T41N R5E S27) and Whitefish lakes and all connecting waters) and Little T rout lake
    a. Hook and line
    First Saturday in May to the first Sunday in March
    3 in total unless otherwise posted at public boat landings pursuant to s. NR 20.37
    18 unless otherwise posted at public boat landings pursuant to s. NR 20.37
    8. All other waters wholly within the area commonly known as the Lac du Flam beau reservation
    a. Hook and line
    First Saturday in May to the first Sunday in March
    3 unless otherwise posted at public boat landings pursuant to s. NR20.37
    15 unless otherwise posted at public boat landings pursuant to s. NR 20.37
    9. Sparkling lake
    a. Hook and line
    First Saturday in May to the first Sunday in March
    3 in total
    18
    10. Escanaba lake
    a. Hook and line. Daily permit required. (see s. 20. 14 41 )
    Continuous
    1 in total
    28
    1 1. Deerskin lake, Found lake , Gunlock lake, Little Trout lake, Long lake , Dead Pike lake , Shishebogama lake, Sparkling lake, and White Sand (T42 N R7E S27) lake s
    a. Hook and line
    First Saturday in May to the first Sunday in March
    3 in total
    18
    12. Sherman lake
    a. Hook and line
    Continuous
    None
    None
    13. Nebish lake, Pallette lake, Mystery lake, Spruce lake
    a. Hook and line
    Continuous
    5 in total
    15
    14. North and South Twin lakes combined
    a. Hook and line
    First Saturday in May to the first Sunday in March
    3 in total
    15 except the posse s sion of fish from 20 t o 24 is prohibited and only 1 fish may be longer than 24
      NR 20.20 (66) WASHBURN ( for species or waters not listed see sub. (73))
    (g) W alleye, sauger and hybrids
    1. Bass (Patterson) lake, Minong flowage upstream to the confluence of T otagatic river and Be r gen creek , Shell lake
    a. Hook and line
    First Saturday in May to the first Sunday in March
    5 3 in total
    None, but only 1 may be longer than 14
    2. Shell lake
    a. Hook and line
    First Saturday in May to the first Sunday in March
    5 in total
    None
    3. Balsam lake, Birch lake, Red Cedar lake, Long lake, Middle McKenzie lake, Nancy lake
    a. Hook and line
    First Saturday in May to the first Sunday in March
    3 in total
    18
    S ection   NR 20.20 (73) (o) 6m. is created to read:
    NR 20.20 (73) SPECIES OR WATERS NOT LISTED IN SUBS. (1) TO (72)
    (o) W alleye, sauger an d walleye−sauger hybrids
    6m. All waters wholly within and lakes partially within the Ceded Territory as defined in NR 13.02(1)
    a. Hook and line
    First Saturday in May to the first Sunday in March
    3 in total
    15 except the posse s sion of fish from 20 t o 24 is prohibited and only 1 fish may be longer than 24
    Section   NR 20.36 (1) , (1) (a) , and (2) are amend ed to read:
    NR 20.36 (1) Adjustment . In order to prevent a total harvest of more than 35% of the adult walleye population or 27% of the adult muskellunge population, the secretary may lower the daily bag limi t on walleye or adjust size limits for walleye or muskellunge and increase the minimum size limit for muskellunge in specific waters in response to the harvest goals or actual harvest of the Chippewa bands Bands for their spear, net or trap fisheries. The adjusted daily bag and size limits shall be in effect until the first Sunday in March of the year following the tribal harvest. The safe harvest levels on individual waters shall be determined by the department.
    (a) Walleyes. The daily bag limit will may be reduced when the department is notified by the Chippewa bands of their harvest goals on individual waters. in respo nse to harvest by the Chippewa B ands’ spear, net, or trap fisheries. The extent of the reduction depends upon the percent of the safe harvest they intend to take taken and the age of the population estimate used to determine the safe harvest or if a regression model was used to determine the safe harvest. The daily bag limits to be used with the different percentages and for various basis of determining the safe harvest are as follows:
    Reduced Daily Bag Limits for Walleye Angling
    Percent of safe harvest speared, trapped or netted
    Daily bag limit
    C urrent population estimate
    P opulation estimat e made 1-2 years ago
    P opulation estimate made 3 years ago or more or regression model
    4
    1-7
    1-14
    1-20
    3
    8-18
    15-39
    21-54
    2
    19-36
    40-76
    55-84
    1
    37-68
    77-94
    85-94
    0
    69 % or more
    95 % or more
    95 % or more
      NR 20 .36 (2) Rea djustment . In response to actual tribal harvest, the secretary may raise the daily bag limit or reduce the minimum size limit to the limit specified as appropriate using the percent of the safe harvest level expected to be harvested through the first Sunday in March of the next year as indicated in sub. (1). If actual harvest subsequently exceeds the expected harvest level, the daily bag limit for walleye may be reduced or the minimum size limit for muskellunge may be increased adjusted the following year to reflect actual harvest for that year and harvest goals of the Chippewa bands Bands for the next year. If a new population estimate is made, the safe harvest level shall be changed accordingly and the secretary may adjust the daily bag limit or minimum size limit according to the percentage of the new safe harvest level that is expected to be harvested as indicated in sub. (1), where deemed necessary to remain consistent with the safety factors established under Lac Courte Oreilles v. State of Wis., 707 F. Supp. 1034 (W. D. Wis. 1989). The readjusted daily bag and size limits shall be in effect until the first Sunday in March of the year following the tribal harvest.
    Section   NR 2 3.05 (5) (h) is amended to read:
      NR 23.05 (5) (h) Walley e and Sauger
    1. In lakes
    First Saturday in May to March 1
    5 3 in total
    15
    2. In rivers & impoundments
    March 2 to the Friday before the first Saturday in May
    1 in total
    15
    First Saturday in May to March 1
    5 3 in total
    15
    Section   NR 23.055 (1) and (1) (a) are amended to read:
    NR 23.055 (1) Adjustment . In order to prevent a total harvest of more than 35% of the adult walleye population or 27% of the adult muskellunge population, the secretary may lower the daily bag limit on walleye or adjust size limits for walleye or muskellunge and increase the minimum size limit for muskellunge in specific waters in response to the harvest goals or actual harvest of the Chippewa bands Bands for their spear, net or trap fisheries. The adjusted daily bag and size limits shall be in effect until the first Sunday in March of the year following the tribal harvest. The safe harvest levels on individual waters shall be determined by the department.
    (a) Walleyes. The daily bag limit will may be reduced when the department is notified by the Chippewa bands of their harvest goals on individual waters. in respo nse to harvest by the Chippewa B ands’ spear, net, or trap fisheries. The extent of the reduction depends upon the percent of the safe harvest they intend to take taken and the age of the population estimate used to determine the safe harvest or if a regression model was used to determine the safe harvest. The daily bag limits to be used with the different percentages and for various basis of determining the safe harvest are as follows:
    Reduced Daily Bag Limits for Walleye Angling
    % of safe harvest to be speared, trapped or netted
    Daily bag limit
    C urrent pop. est. population estimate
    pop . est. made 1-2 yrs. ago
    Population estimate made 1-2 years ago
    pop . est. made 3 yrs. ago Population estimate made 3 years ago or more or regression model
    4
    1-7
    1-14
    1-20
    3
    8-18
    15-39
    21-54
    2
    19-36
    40-76
    55-84
    1
    37-68
    77-94
    85-94
    0
    69 % or more
    95 % or more
    95 % or more
    Section 10 . Statement of Emergency. The department finds that an emergency rule is needed to promote the preservation and protection of public peace, health, safety, and welfare in the Ceded Territory of Wisconsin by minimizing regional social and economic disruption associated with reductions in walleye bag limits on off-reservation waters.
    Section 11 . Effective Date . This rule shall take effect on May 2, 2015 , after publication in the official state newspaper, as provided in s. 227.24(1 )( d), Stats. .
    Section 1 3 . Board adoption. This rule was approved and adopted by the State of Wisconsin Natural Resources Board on April 8, 2015 .