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.
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.
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
|
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
|
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
|
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.
NR 20.36(1)(a)
(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.
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
|
|
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.
NR 20.36(1)(a)
(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
.