EmR1609 Modifications in walleye harvest management in Ceded Territory waters

ORDER OF THE STATE OF WISCONSIN NATURAL RESOURCES BOARD

AMENDING , REPEALING AND RECREATING, AND CREATING RULES

The statement of scope for this rule, SS 116-14 , was approved by the Governor on November 7, 2014, published in Register No. 707 A on December 1 , 2014, was adopted by the Natural Resources Board on January 27, 2016 and approved by the Governor on January 29, 2016 .

The Wisconsin Natural Resources Board proposes an order to amend NR 20.36 (1), (1) (a), and (2), 23.05 (5) (h), and 23.055 (1) and (1) (a); to repeal and recreate NR 20.20 (2) (g), (3) (f), (4) ( i ), (7) (h), (9) (g), (16) (h), (18) (h), (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), and (66) (g); 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-05-16(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 : A permanent rule (FH-18-14) relating to the same subject will take effect on April 1, 2016. Previous plans assumed that FH-18-14 could take effect prior to that date, because an emergency rule (FH-17-14(E)) on this same subject expires on January 26, 2016 . This new emergency rule covers the gap in time between the two rules in order to enforce the walleye angling limits during the open season. It differs from FH-17-14(E) by listing boundaries along river systems for which daily bag limits would be enforced and changing length limit regulations on certain waters based on public comments and fish biologist recommendations.

5. Plain Language A nalysis: Th is rule is needed to create consistent walleye daily bag limits in the Ceded Territory of Wisconsin. 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.

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.

Under this emergency rule, 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 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.

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 large r 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:

If 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 minimum size, but only 1 fish may be >14" , 3 fish daily bag limit

No minimum size, but only 1fish may be >14", 3 or 5 fish daily bag limit

No minimum size, but only 1fish 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 minimum size, 14-18” protected slot, and 1 fish may be >18", 3 fish daily bag limit

18" minimum size, 3 fish daily bag limit

28" minimum size, 1 fish daily bag limit

SECTION S 1 through 4 make the changes noted above in the 30 counties that are completely or partially within the Ceded Territory. SECTION 6 changes the walleye bag limits to 3 fish per day on Wisconsin-Michigan boundary waters within the Ceded Territory , but retains the 15-inch minimum size limit to match the Michigan size limit . 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 3 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 31, 2020 - at which point limited harvest would be permitted .

SECTIONS 5 and 7 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 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 th e adult walleye population - had 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 is 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.

The proposed rule is sufficient to control overall 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. 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 proposed 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 have minimal impact sport anglers. Similar regulations, including the 3-walleye daily bag limit, are already in place through an emergency rule that expires on January 26, 2016 . 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. The department conduct ed an economic impact analysis on a permanent rule that takes effect April 1, 2016, to determine if any small businesses will be affected by the rule. No comments were received during the open economic impact comment period from May 18 to June 1, 2015.

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

Steven.Hewett@wisconsin.gov

12 . Place where comments are to be submitted and deadline for submission:

Written comments may be submitted at public hearings or by regular mail, fax or email to the contact listed above. A p ublic h earing will be held within 45 days of rule promulgation .

Section 1 NR 20 .20 (2) (g ), (3) (f), (4) (i), (7) (h), (9) (g), (16) (h), (18) (h), (19) (e), (21) (h), (26) (g), (34) (e), (35) (g), and (37) (i) are repealed and recreated 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− Moquah chain (Spider lake and Moquah lake combined)

a. Hook and line

First Saturday in May to the first Sunday in March

3 in total

2. Butternut lake (on Price County border), Gordon lake, Zielke lake, North Fork Flambeau river from Upper Park Falls Flowage dam in Price County upstream to the Turtle-Flambeau flowage in Iron County and its tributaries upstream to the first lake, dam, or fish refuge, Mineral lake, Spillerberg lake

a. Hook and line

First Saturday in May to the first Sunday in

March

3 in total

None but only 1 may be longer than 14

3. 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

15 but only 1 may be longer than 20

NR 20.20 (3) BARRON ( for species or waters not listed, see sub. (73))

(f ) W alleye, sauger and hybrids

1. Red Cedar lake, Hemlock lake, Beaver Dam lake, Bear lake (on Washburn County border), Horseshoe lake (T36N, R14E, S3, 115 ac.), Lower Turtle lake, Upper Turtle lake

a. Hook and line

First Saturday in May to the first Sunday in March

3 in total

2. Loon lake

a. Hook and line

First Saturday in May to the first Sunday in March

3 in total

None but only 1 may be longer than 14

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, Middle Eau Claire 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

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

15 but only 1 may be longer than 2 0

3 . 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

4 . Namekagon lake (including Garden lake)

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 to 24 is prohibited and only 1 fish may be longer than 24

NR 20.20 (7) BURNETT (for species or waters not listed see sub. (73))

(h) W alleye, sauge r , and hybrids

1. Big McKenzie lake (on Washburn County border), Middle McKenzie lake (on Washburn County border)

a. Hook and line

First Saturday in May to the first Sunday in March

3 in total

NR 20.20 (9) CHIPPEWA (for species or waters not listed see sub. (73))

(g ) W alleye, sauger and hybrids

1. The daily bag limit and length restrictions apply separately to each of the following sections of the Chippewa River and its impoundments and tributaries upstream to the first dam or lake: upstream from Dells Pond Dam (including Dells Pond) in Eau Claire County to Chippewa Falls Flowage Dam, upstream from Chippewa Falls Flowage Dam to Lake Wissota Dam, upstream from Lake Wissota Dam (including Lake Wissota ) to Old Abe Flowage Dam in Jim Falls including Yellow River upstream to the Suetlik dam at Cadott, upstream from Old Abe Flowage Dam in Jim Falls (including Old Abe Flowage) to Cornell Flowage Dam, upstream from Cornell Flowage Dam (including Cornell Flowage) to Lake Holcombe Dam, upstream from Lake Holcombe Dam (including Lake Holcombe) to the Arpin dam in Sawyer County including the Flambeau river upstream to the Tho r napple flowage dam in Rusk County ; 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

3 in total

None except the possession of fish from 14 to 18 is prohi b ited and only 1 fish may be longer than 18

2. Island chain (Chain lake, Clear lake, Island lake, McCann lake and connecting waters combined on Rusk County border), Long lake (T32N R8W inclu d ing Herde lake and Dark lake combined), Sand lake (on Rusk County border)

a. Hook and line

First Saturday in May to the first Sunday in March

3 in total

NR 20.20 (16) 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

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

15 but only 1 may be longer than 20

3. Lyman lake, Minnesuing 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

3 in total

None, but only 1 may be longer than 14

4. Amnicon lake, Lake Nebagamon , Lower Eau Claire lake, Red lake

a. Hook and line

First Saturday in May to the first Sunday in March

3 in total

NR 20.20 (18) EAU CLAIRE (for species or waters not listed see sub. (73))

(h) Walleye, sauger and hybrids

1. Chippewa river downstream from Dells Pond dam including sloughs, bayous, flowages and tributaries upstream to the first highway or railroad bridge; Eau Claire river including sloughs and bayous from Altoona dam downstream to the Chippewa river

a. Hook and line

Continuous

5 in total

2. Chippewa river upstream from Dells Pond dam upstream to Chippewa Falls Flowage Dam in Chippewa County 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

3 in total

None except the possession of fish from 14 to 18 is prohibited and only 1 fish may be longer than 18

3. Eau Claire river upstream from Altoona dam (including Altoona lake) to Lake Eau Claire 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

3 in total

15 except the posse s sion of fish from 20 to 24 is prohibited and only 1 fish may be longer than 24

4. Eau Claire river upstream from Lake Eau Claire dam (including Lake Eau Claire) 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

3 in total

15 except the posse s sion of fish from 20 to 24 is prohibited and only 1 fish may be longer than 24

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, Spread Eagle chain of lakes (Bass, East, Long, Middle, North, Railroad, South and West lakes combined)

a. Hook and line

First Saturday in May to the first Sunday in March

3 in total

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 (on Marinette County border), Jungle lake, Lucerne lake, Metonga lake, Pickerel lake (on Langlade County border)

a. Hook and line

First Saturday in May to the first Sunday in March

3 in total

2. Julia lake (on Oneida County border)

a. Hook and line

First Saturday in May to the first Sunday in March

3 in total

None but only 1 may be longer than 14

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

2. Gile flowage, Island lake (connected to Montreal river), Pine lake, Randall lake, North Fork Flambeau river from Upper Park Falls Flowage dam in Price County upstream to the Turtle-Flambeau flowage in Iron County and its tributaries upstream to the first lake, dam, or fish refuge, West Branch Montreal river

a. Hook and line

First Saturday in May to the first Sunday in March

3 in total

None but only 1 may be longer than 14

3. 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 may be longer than 20

4. Bear river, Flambeau river upstream of Turtle-Flambeau flowage (at Murray’s Landing), 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

3 in total

None

5. Sherman lake

a. Hook and line

Continuous

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 (on Forest County border), Rolling Stone lake, Rose lake, Sawyer lake

a. Hook and line

First Saturday in May to the first Sunday in March

3 in total

NR 20.20 (35) LINCOLN ( for species or waters not listed see sub. (73))

( g ) Walleye, sauger and hybrids

1. 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;

The daily bag limit and length restrictions apply separately to each of the following sections of the Wisconsin River and its sloughs, bayous, flowages, and tributaries upstream to the first dam or highway bridge: Kings dam downstream to Pride dam (including Lake Mohawksin ), Pride dam downstream to Grandmother dam, Grandmother dam downstream to Grandfather dam

a. Hook and line

Continuous

3 in total

15 except the posse s sion of fish from 20 to 24 is prohibited and only 1 fish may be longer than 24

2. Wisconsin river upstream from Kings dam to the Hat Rapids dam in Oneida county including Lake Alice and sloughs, bayous, tributaries, and flowages upstream to the first dam or highway bridge

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 to 24 is prohibited and only 1 fish may be longer than 24

3. The daily bag limit and length restrictions apply separately to each of the following sections of the Wisconsin River and its sloughs, bayous, flowages, and tributaries upstream to the first dam or highway bridge: Grandfather dam downstream to Lake Alexander dam, Lake Alexander dam downstream to Merrill dam, Merrill dam downstream to the Wausau dam in Marathon County

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

4. Rice Reservoir chain (including Bridge lake, Deer lake, Lake Nokomis, and Rice River flowage 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 to 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, tributaries, and flowages upstream to the first dam or highway bridge except the eastern boundary of the Wisconsin River and Peplin and Johnson Creeks and the Little Eau Claire River, at Lake DuBay , is the south−bound lane of Interstate 39 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 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 to the Merrill dam in Lincoln County including Wausau Dam lake in Wausau and sloughs, bayous, tributaries, 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 to 24 is prohibited and only 1 fish may be longer than 24

4. Big Rib river downstream from highway 29, Johnson creek downstream from county highway X, Little Eau Claire river downstream from county highway X, Little Eau Pleine river downstream from state highway 34, Peplin creek downstream from county highway X

a. Hook and line

First Saturday in May to the first Sunday in March

5 in total

15 except the possession of fish from 20 to 28 is prohibited and only 1 fish may be longer than 28

5. Big Rib river upstream from highway 29, Johnson creek upstream from county highway X, Little Eau Claire river upstream from county highway X, Little Eau Pleine river upstream from state highway 34, Peplin creek upstream from county highway X

a. Hook and line

First Saturday in May to the first Sunday in March

3 in total

15 except the possession of fish from 20 to 28 is prohibited and only 1 fish may be longer than 28

Section 2 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 (on Forest County border) , Little Newton lake, Oneonta lake, Thunder lake

a. Hook and line

First Saturday in May to the first Sunday in March

3 in total

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

Archibald lake, Bass lake (T32N R15E S9), Bear lake (including Munger lake combined), Boot lake, Chain lake, Crooked lake, John lake, Maiden lake, Reservoir pond (including Horn lake, Explosion lake, and Little Horn lake combined), 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

Section 3 NR 20.20 (44) (b) 4 ., (44) (g) , (49) (f), (51) (g), (55) (e), (57) (i), (61) (d ), ( 64) (h), and (66) (g ), are repealed and recreated to read:

NR 20.20 (44) ONEIDA (for species or waters not listed see sub. (73))

(b) Largemouth and smallmouth bass

4 . Minocqua chain (includes Jerome lake, Kawaguesaga lake, Little Tomahawk lake, Mid lake, Minocqua lake, Mud lake, Tomahawk lake, Minocqua thoroughfare, Tomahawk thoroughfare, and connecting waters combined), Squash lake, Julia lake (T36N R08E S12 near Rhinelander)

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

(g) W alleye, sauger and hybrids

1. Bearskin lake, Buckskin lake (on Vilas County border) , Crescent lake (near Rhinelander), Diamond lake , Geo r ge lake , Hasbrook lake, Julia lake (on Forest County border), Katherine lake , Merce r lake , Oneida lake , Squaw lake (on Vilas County border), Squirre l lake, Three lakes chain (includes Big , Bi g Fork , Bi g Stone, Dee r , Dog , Fourmile, Island, Laurel, Little Fork, Long , Medicine , Moccasin, Mud, Plantin g Ground , Rangeline , Round , Spirit , T ownline , V irgin, and Whitefish lakes and all connecting waters and Eagle rive r downstrea m t o the Long Lake (Burnt Rollways) dam combined )

a. Hook and line

First Saturday in May to the first Sunday in March

3 in total

None, but only 1 may be longer than 14

2. Bird lake, Maple lake, North Nokomis lake, Shishebogama lake (on Vilas County border), Squash lake (near Rhinelander), Stella lake, Thunder lake (T38N R10E S11), Two Sisters lake

a. Hook and line

First Saturday in May to the first Sunday in March

3 in total

3. Minocqua chain (Jerome lake, Kawaguesaga lake, Mid lake, Minocqua lake, Mud lake, Minocqua thoroughfare, Tomahawk thoroughfare, Little Tomahawk lake, Tomahawk lake, and connecting waters combined)

a. Hook and line

First Saturday in May to the first Sunday in March

0, catch and release only, until April 1, 2020, when it becomes 2 in total

On April 1, 2020, the size limit becomes 18

4. Rice Reservoir Chain (including Bridge lake, Deer lake, Lake Nokomis, and Rice River flowage combined), Moen chain (Moen lake, Second lake, Third lake, Fourth lake, Fifth lake and connecting waters combined), Sugar Camp chain (Dam lake, Sand lake, Echo lake, Chain lake, Stone lake (T39N R9E S32) and connecting waters combined);

The daily bag limit and length restrictions apply separately to each of the following sections of the Wisconsin River and its impoundments, sloughs, and tributaries upstream to the first dam or highway bridge: Otter Rapids dam (in Vilas county) downstream to Rainbow flowage, Rainbow flowage (south of Wilderness Trail in Vilas county downstream to Rainbow dam), Rainbow dam downstream to Rhinelander flowage, Boom-Rhinelander chain (includes Rhinelander flowage from Bridge Road downstream to St Regis dam, Boom lake, Bass lake, Thunder lake, and Lake Creek upstream to Forest Lane), Rhinelander dam downstream to Hat Rapids flowage, Hat Rapids flowage (from upstream bank of Pelican river mouth) downstream to Hat Rapids dam, Hat Rapids dam downstream to Kings dam in Lincoln county (including Lake Alice)

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 to 24 is prohibited and only 1 fish may be longer than 24

5. Cranberry lake which is part of the Eagle chain on the Vilas County border (includes Catfish, Cranberry, Duck, Eagle, Lynx, Otter, Scattering Rice, Voyageur, Watersmeet including Wisconsin river from Otter Rapids dam to county highway G, Yellow birch lake, all connecting waters and Eagle river upstream to the Long Lake (Burnt Rollways) dam in Oneida county combined)

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

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

None except the possession of fish from14 to 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

NR 20.20 (51) PRICE (for species or waters not listed see sub. (73))

(g ) W alleye, sauger and hybrids

1 . Thompson lake, Whi t comb 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

3 in total

None except the posse s sion of fish from 14 to 18 inches is prohibited and only 1 fish may be longer than 18

2. Butternut lake (on Ashland County border), Long (Boyd’s) lake, Pike chain of lakes ( Amik lake, Pike lake, Round lake, Turner lake and connecting waters combined), Solberg lake (including its tributaries upstream to the first dam or highway bridge and Squaw Creek upstream to the first dam);

The daily bag limit and length restrictions apply separately to each of the following sections of the Elk river and its impoundments, sloughs, and tributaries upstream to the first dam or lake: Elk river upstream from the Lac Sault Dore dam (including Lac Sault Dore and Grassy lake) to Jobes dam, Elk river upstream from Jobes dam to Musser Flowage dam (including Phillips chain of lakes: Duroy, Elk, Long, Wilson lakes, and connecting waters and Squaw creek upstream to Solberg dam);

The daily bag limit and length restrictions apply separately to each of the following sections of the North Fork Flambeau river and its impoundments, sloughs, and tributaries upstream to the first dam, lake, or fish refuge: Upper Park Falls Flowage dam upstream to the Turtle-Flambeau flowage in Iron County, Lower Park Falls Flowage dam upstream to Upper Park Falls Flowage dam, Pixley Flowage dam upstream to Lower Park Falls Flowage dam, Crowley Flowage dam upstream to Pixley Flowage dam, Big Falls Flowage dam in Rusk County (Flambeau river) upstream to Crowley Flowage dam (North Flambeau river); South Fork Flambeau river upstream from its confluence with the Flambeau river and its impoundments, sloughs, and tributaries upstream to the first dam or lake including Elk river upstream from its confluence with the South Fork Flambeau river to Lac Sault Dore dam

a. Hook and line

First Saturday in May to the first Sunday in March

3 in total

None but only 1 may be longer than 14

3. Elk river from Musser Flowage dam upstream (including Musser flowage) and its impoundments, sloughs, and tributaries upstream to the first dam or lake

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 to 24 is prohibited and only 1 fish may be longer than 24

NR 20.20 (55) RUSK (for species or waters not listed see sub. (73))

(e ) Walleye, sauger and hybrids

1. Chippewa river from Lake Holcombe dam in Chippewa County upstream to the Arpin dam in Sawyer County and all its tributaries upstream to the first dam or lake including 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

3 in total

None except the posse s sion of fish from 14 to 18 is prohibited and only 1 fish may be longer than 18

2. The daily bag limit and length restrictions apply separately to each of the following sections of the Flambeau river and its impoundments, sloughs, and tributaries upstream to the first dam or lake: Big Falls Flowage dam (Flambeau river) upstream to Crowley Flowage dam (North Flambeau river) in Price County, Dairyland Reservoir dam upstream to Big Falls Flowage dam, Ladysmith Flowage dam upstream to Dairyland Reservoir dam, Thornapple Flowage dam upstream to Ladysmith Flowage dam;

South Fork Flambeau river upstream from its confluence with the Flambeau river and its impoundments, sloughs, and tributaries upstream to the first dam or lake including Elk river upstream from its confluence with the South Fork Flambeau river to Lac Sault Dore dam

a. Hook and line

First Saturday in May to the first Sunday in March

3 in total

None but only 1 may be longer than 14

3. Island chain (Chain lake, Clear lake, Island lake, McCann lake and connecting waters combined on Chippewa County border), Pulaski lake, Sand lake (on Chippewa County border)

a. Hook and line

First Saturday in May to the first Sunday in March

3 in total

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 Arpin dam to the Lake Holcombe dam in Chippewa County including all tributaries upstream to the first dam or lake and the Flambeau river upstream to Thornapple Flowage dam

a. Hook and line

First Saturday in May to the first Sunday in March

3 in total

None except the posse s sion of fish from 14 to 18 is prohibited and only 1 fish may be longer than 18

2. West Fork Chippewa river upstream to FR 174, Moose lake, Sand lake including Sissabagama creek upstream to Sand lake road, Windigo lake, Flambeau river and its impoundments, sloughs, and tributaries upstream to the first dam or lake from Big Falls Flowage dam (Flambeau river) in Rusk County upstream to Crowley Flowage dam (North Flambeau river) in Price County, South Fork Flambeau river upstream from its confluence with the Flambeau river and its impoundments, sloughs, and tributaries upstream to the first dam or lake

a. Hook and line

First Saturday in May to the first Sunday in March

3 in total

None except only 1 may be longer than 1 4

4. Big Chetac lake, Birch lake (on Washburn County border), Black Dan lake, Durphee lake, Island lake (T39N R5W S2), Osprey lake, 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

5. Chippewa flowage (and all connected waters within T39N R6, T39N R7, T39N R8, T40N R6, T40N R7, T40N R8 including the Chippewa river downstream from the Chippewa flowage (Winter) dam) to the Arpin dam

a. Hook and line

First Saturday in May to November 30

3 in total

15 except the posse s sion of fish from 20 to 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. Jump river and tributaries upstream to the first dam or lake

a. Hook and line

First Saturday in May to the first Sunday in March

3 in total

None except the posse s sion of fish from 14 to18 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. Big Portage lake, Eagle chain (includes Catfish lake, Cranberr y lake , Duck lake, Eagle lake, L ynx lake, Otte r lake , Scatter ing Rice lake, V oyageu r lake , W atersmeet lake including W isconsin river from Otter Rapids dam to county highway G, Y ellow Birch lake, and all co n necting waters and Eagle river upstream to the Long lake (Burnt Rollways) dam in Oneida county combined), 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

None except the po s session of fish from 14 to 18 is prohibited and only 1 fish may be longer than 18

2. Alde r lake , Big lake (T42N R6E S4), Big Arbor V itae lake, Big Crooked lake (T42N R6E S12), Big Muskellunge lake, Birch lake, Boulde r lake , Buckskin lake (on Oneida County border) , Clea r lake (T42N R5E S12) , Crab lake , Fawn lake (T42N R5E S 1 1), Harris lake, Ike W alton lake, Island lake, Jenny lake, Laura lake, Little Arbor V itae lake , Little Sta r lake , Manitowish lake, North Crab lake, North T urtle lake, Oxbo w lake , Pike Lake chain ( Amik lake, Pike lake, Round lake, and Turner lake combined on the Price County border), Presque Isle chain (Averill lake, Presque Isle lake, and Van Vliet lake combined), Rest lake, Rock lake, Rush, Sanford lake, South T urtle lake, Spide r lake , Squa w lake (on Oneida County border) , Sta r lake , Stone lake , W ild Rice lake

a. Hook and line

First Saturday in May to the first Sunday in

March

3 in total

None but only 1 may be longer than 14

3. 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

3 in total

None

4. Dead Pike lake, Deerskin lake, Found lake, Gunlock lake, Little Trout lake, Long lake, Shishebogama lake (on Oneida County border), Sparkling lake, White Sand lake (T42 N R7E S27)

a. Hook and line

First Saturday in May to the first Sunday in March

3 in total

5. Escanaba lake

a. Hook and line. Daily permit required. (see s. NR 20.41)

Continuous

1 in total

6. Mystery lake, Nebish lake, Pallette lake, Sherman lake, Spruce lake

a. Hook and line

Continuous

None

7. 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 to 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 including Cranberry lake in Douglas County 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

3 in total

None but only 1 may be longer than 14

2 . Balsam lake, Bear lake (on Washburn County border), Big McKenzie lake (on Burnett County border), Birch lake (on Sawyer County border), Red Cedar lake, Long lake (including Mud lake and Little Mud lake combined), Middle McKenzie lake (on Burnett County border), Nancy lake

a. Hook and line

First Saturday in May to the first Sunday in March

3 in total

Section 4 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 5 NR 20.36 (1), (1) (a) , and (2) are amended 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 H arvest Speared, Trapped or N etted

Daily bag limit

C urrent population estimate

P opulation estimate made 1-2 years ago

P opulation estimate made 3 years ago or more or regression model

1-7

1-14

1-20

8-18

15-39

21-54

19-36

40-76

55-84

37-68

77-94

85-94

69 % or more

95 % or more

NR 20.36 (2) Readjustment . 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 6 NR 23.05 (5) (h) is amended to read:

NR 23.05 (5) (h) Walley e and Sauger

1. In lakes outside the Ceded Territory as defined in NR 13.02(1)

First Saturday in May to March 1

5 in total

2. In rivers & impoundments outside the Ceded Territory as defined in NR 13.02(1)

March 2 to the Friday before the first Saturday in May

1 in total

First Saturday in May to March 1

5 in total

3. In lakes within the Ceded Territory as defined in NR 13.02(1)

First Saturday in May to March 1

3 in total

4. In rivers & impoundments within the Ceded Territory as defined in NR 13.02(1)

March 2 to the Friday before the first Saturday in May

1 in total

First Saturday in May to March 1

3 in total

Section 7 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.

Reduced Daily Bag Limits for Walleye Angling

% of safe harvest to be speared, trapped or netted

Percent of Safe Harvest Speared, Trapped or Netted

Daily bag limit

Current 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

1-7

1-14

1-20

8-18

15-39

21-54

19-36

40-76

55-84

37-68

77-94

85-94

69 % or more

95 % or more

Section 8 . Effective Date . This rule shall take effect upon publication in the official state newspaper, as provided in s. 227.24(1 )( d), Stats. , and shall expire on March 31, 2016.

Section 9 . Board adoption. This rule was approved and adopted by the State of Wisconsin Natural Resources Board on January 27, 2016 .

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EmR1609 Modifications in walleye harvest management in Ceded Territory waters

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