Section 20.36. Modifications in daily bag limit and minimum size limit in response to tribal harvest.

 

(1)   Adjustment. I n 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 in specific waters in response to the harvest goals or actual harvest of the Chippewa 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 may be reduced in response to harvest by the Chippewa Bands' spear, net, or trap fisheries. The extent of the reduction depends upon the percent of the safe harvest 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: - See PDF for table

(b) Muskellunge. The minimum size limit will be increased when the department is notified by the Chippewa bands that their harvest goal on an individual water is 60% or more of the safe harvest. The minimum size limits to be used with different percentages of the safe harvest are as follows: - See PDF for table

(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 or the minimum size limit may be adjusted the following year to reflect actual harvest for that year and harvest goals of the Chippewa 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.

(3)   Daily bag and possession limits.

(a) Reduced daily bag limits calculated pursuant to this section are individual lake limits and may be combined, but no person may exceed a total daily bag limit of 5 walleyes and no person may possess or have under control more than the possession limit of 10 walleyes.

(b) While fishing any waters with adjusted size or bag limits calculated pursuant to the provisions of this section, no person may possess fish in excess of the bag limit or of any size other than authorized for that water.

(4)   Notice. Adjustments and readjustments of bag limits and minimum size limits under subs. (1) and (2) shall become effective upon publication of the adjustment or readjustment in the official newspaper in the area affected.

History: Cr. Register, May, 1999, No. 521 , eff. 6-1-99; CR 02-073 : am. (3) (b), Register 2003 No. 565 , eff. 2-1-03; CR 09-051 : am. (1) (intro.) and (2) Register June 2010 No. 654 , eff. 7-1-10; CR 13-019 : am. (2) Register December 2013 No. 696 , eff. 1-1-14; EmR1511 emerg. am. (1) (intro.), (a), (2), eff. 5-1-15; EmR1609 emerg. am. (1) (intro.), (a), (2), eff. 2-3-16; CR 15-042 : am. (1) (intro.), (a), (2) Register March 2016 No. 723 , eff. 4-1-16 .