Section 20.33. Special open and closed seasons.

 

(1)   Season closure under unusual conditions.

(a) Water level reduction. Pursuant to par. (e) , the department may close the season for fishing in all or part of any inland water which has experienced sudden water level reduction or where a sudden reduction is imminent as a result of dam failure, draw down or other loss of water supply. The closed season shall remain in full force and effect until the department determines that the water has been returned to its original level and the season is open pursuant to par. (e) 2. The department may close the season when it finds after scientific investigation and study, that all of the following have occurred:

1. Game fish have been or will be unusually concentrated due to the drop in water level and may, therefore, be more vulnerable to angler harvest.

2. The remaining game fish population structure cannot easily be replaced if subjected to continued angler harvest.

3. Water levels are expected to eventually return to normal.

4. Continued sport fishing may result in a depletion of the game fish supply.

5. Closure of the season is necessary to conserve the game fish supply until water levels are restored and to insure the citizens of this state continued opportunities for good fishing.

(b) Fish concentrated under ice. Pursuant to par. (e) , the department may close the season for fishing through the ice in all or part of any inland water. The closed season shall remain in full force and effect until the water is no longer covered with ice and the season is opened pursuant to par. (e) 2. The department may close the season when it finds, after scientific investigation and study, that all of the following apply:

1. The body of water is not expected to experience significant loss of its game fish population due to loss of oxygen.

2. Ice cover has caused an unusual concentration of game fish, increasing their vulnerability to angler harvest.

3. Continued sport fishing would deplete the supply of game fish.

4. A closed season is necessary to conserve the game fish supply and insure the citizens of this state continued opportunities for good fishing;

(c) Fishery rehabilitation. Pursuant to par. (e) , the department may close the season for fishing in all or part of any inland water in which fish have been removed or destroyed as a result of a rehabilitation program, to reestablish a good supply of game fish and insure the citizens of this state future opportunities for good fishing. The closed season shall remain in full force and effect until opened pursuant to par. (e) 2. , scientific investigation indicates the game fish population has achieved a harvestable surplus of fish of desirable size, and reopening the season does not conflict with the closed seasons for each species specified in sub. (1) .

(d) Presence of nonindigenous species. Pursuant to par. (e) , the department may close the season for all bait harvest in all or part of any water that has been documented to contain detrimental species that are not indigenous to the waters of the state in order to prevent the further transport of nonindigenous species to other waters of the state. The department shall open the season pursuant to par. (e) 2. , if the department determines that the nonindigenous species is no longer present or the nonindigenous species no longer poses a threat to other waters of the state.

(e) Closing and reopening seasons.

1. A closed season under par. (a) , (b) , (c) or (d) shall become effective only after one or more public informational meetings are held by the department. The closed season shall be put into effect by publication of a notice in the state newspaper, posting the notice on or in the vicinity of the shore of the water affected, and by providing any other notice which the department deems reasonable.

2. A closed season under par. (a) , (b) , (c) or (d) shall be discontinued only after publication of a notice in the state newspaper and removal of the notices posted on or in the vicinity of the shore of the water affected.

(2)   Urban fishing program. The department may establish an urban fishing program by posting the open and closed seasons on specified waters. The department shall post notice on the affected waters that a special fishing season applies. The notice shall state the name or description of the water to which the special fishing season applies, the persons permitted to fish during the special fishing season and the time period of the special fishing season. The department may designate or remove a body of water in accordance with the requirements of s. 29.053 (2) (a) , Stats.

(3)   Temporary dip netting authorization. The department shall open the season for fishing with dip nets in any waters when it finds after scientific investigation and study that the fish populations in the waters are threatened with imminent mortality because of depletion of dissolved oxygen or other adverse habitat conditions under which fish will not survive. During the open season all species of fish may be taken by means of dip nets not more than 3 feet in diameter or 3 feet square, but no person may have more than 25 pounds and one fish of any species of game fish of any size in possession. No person may fish with more than one dip net. The open season shall be put into effect by posting a notice thereof on or in the vicinity of the shore of the waters affected, the posting being deemed by the department to be the most feasible way of notifying the public that the open season for fishing with dip nets is in effect. The open season shall remain in full force and effect only so long as the waters are covered with ice and so long as the posting is continued.

(4)   Fishery rehabilitation. The department may open the season for fishing with dip nets, minnow seines or spears in waters for which a permit for treatment with a toxicant has been issued. During the open season all species of fish of any size may be taken with no bag or possession limit. The open season shall be from the date of issuance of said permit until the commencement of treatment and shall be put into effect by posting a notice thereof on or in the vicinity of the waters affected and by publication in one or more newspapers having wide circulation in the area affected.

(5)   Harvest quotas and special early closure of the sturgeon spearing season.

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

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

2. The upriver lakes shall be allocated 10% of the Lake Winnebago system harvest cap for adult female sturgeon, 20% of the Lake Winnebago system harvest cap for juvenile female sturgeon, and 20% of the Lake Winnebago system harvest cap for male sturgeon.

3. The number of upriver lakes sturgeon spearing licenses or carcass tags issued annually for each upriver lakes sturgeon spearing season shall be determined by the department. The department shall base its determination for each upriver lakes sturgeon spearing season upon:

a. The total allowable annual harvest allocated to the upriver lakes in subd. 2.

b. The abundance of lake sturgeon in the Lake Winnebago system.

c. Trends in upriver lakes sturgeon spearer success rates.

d. Spearer distribution and density.

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

(c) Announcement and notice of season closure. The season closure for the lake Winnebago sturgeon spearing season or the upriver lakes sturgeon spearing season or both shall be announced by a department press release to local media and to the official state newspaper on the day that actual harvest meets or exceeds 90% of the total allowable annual harvest of juvenile female sturgeon, adult female sturgeon or male sturgeon for that season, based upon the registration of harvested sturgeon pursuant to s. NR 20.10 (10) . The department shall post notice of the closure in the vicinity of Lake Winnebago or the upriver lakes or both and provide other notice deemed reasonable by the department.

(d) Effective date of season closure. The season closure shall take effect at 12:30 p.m. on the day following issuance of the department press release announcing the season closure in par. (c) when the actual harvest meets or exceeds 90% but is less than 100% of the total allowable annual harvest of juvenile female sturgeon, adult female sturgeon or male sturgeon for that season, based upon the registration of harvested sturgeon pursuant to s. NR 20.10 (10) . The season closure shall take effect at 6:30 a.m. on the day following issuance of the department press release announcing the season closure in par. (c) when the actual harvest meets or exceeds 100% of the total allowable annual harvest of juvenile female sturgeon, adult female sturgeon or male sturgeon for that season, based upon the registration of harvested sturgeon pursuant to s. NR 20.10 (10) .

History: Cr. Register, May, 1999, No. 521 , eff. 6-1-99; cr. (5), Register, December, 1999, No. 528 , eff. 1-1-00; CR 02-014 : am. (5) (c), Register September 2002 No. 561 , eff. 10-1-02; emerg. r. and recr. (5) (c) eff. 2-2-05; CR 05-073 : r. and recr. (5) Register January 2006 No. 601 , eff. 2-1-06.