Wis. Admin. Code Department of Natural Resources NR 20.35

Current through October 28, 2024

Section NR 20.35 - Alternate size and bag limits

(1) PURPOSE. Notwithstanding any provision of either ch. NR 21, 22, 23 or this chapter, for all or part of any inland, boundary or outlying water, the department may apply the alternative size limits, bag limits or both under this section for fish species identified in order to provide for better use and management of the fishery resource of the water to which the proposed alternate limit would apply.

(2) PROCEDURE. The department shall follow the following procedures in applying an alternate size limit or bag limit under this section:

(a)Notice. The department shall prepare and distribute a notice of its intent to apply an alternate limit under this section. The notice shall be published as a class 1 notice under ch. 985, Stats., in a general circulation newspaper in the vicinity of the water and, if the proposal has statewide significance, in the official state newspaper. A copy of the notice shall be sent to individuals and organizations which the department believes may be interested in the matter. The notice shall include a description of the water affected, the fish species affected, the alternate limit which will apply, and the date the alternate limit will take effect. The notice shall invite the public to submit written comments and indicate that a public information meeting will be held on the alternate limit if requested in writing within 10 days after the notice is published.

(b)Public information meeting. If a public information meeting is requested under par. (a), the department shall conduct the public information meeting in the vicinity of the affected water. At the meeting the department shall describe the factual basis for its intended decision and shall receive comments from the public on the matter.

(c)Determination. If, based on facts and information available to it, including comments received in response to the notice and at any public information meeting which may be held, the department concludes that a condition described in sub. (3) affects fish in a specific water, it shall apply the corresponding alternate limit. The alternate limit shall take effect upon the posting of the notice under par. (d).

(d)Posting. The department shall post notice at public access sites on the affected water that an alternate limit applies to a species of fish found in that water. The notice shall set out the name or description of the water or that part of the water to which the proposed alternate limit would apply, the species of fish affected, the corresponding alternate limit and the effective date of the alternate limit.

(e)List. The department shall maintain a current list of all waters to which an alternate limit under this section applies. The list shall be available for public inspection at the department's central office during regular office hours.

Note: The list will be available for review at the offices of the bureau of fisheries management and habitat protection, 101 South Webster Street, Madison, WI

(3) ALTERNATE LIMIT.

(a)Size limits. If the department finds under sub. (2) that one or more of the following conditions exists in a particular water, the corresponding alternate size limit shall apply to the named species of fish in that water.

1. No size limit shall apply to walleye, largemouth bass or smallmouth bass if, for the particular species in a particular water, the department finds that at least one of the following conditions exist:

a. Angler exploitation of the species is less than 15% of the population of fish larger than the original size limit.

b. Total adult mortality for that species is less than 30% of the population.

d. Walleye males do not grow to a length of at least 13 inches in 4 years or largemouth bass or smallmouth bass do not grow to a length of at least 12 inches in 5 years in all inland waters lying north of a line following state highway 77 from its bridge over the St. Croix river then east on state highway 77 to its intersection with state highway 27, then south on highway 27 to its intersection with state highway 64, then east along highway 64 to its end, then continuing east to the waters of Green Bay or in inland waters of Brown, Kewaunee or Door counties north of a line beginning with the state highway 29 bridge over the Fox river, then east along state highway 29 to its end, then continuing east to Lake Michigan.

e. Largemouth bass or smallmouth bass do not grow to a length of at least 14 inches in 6 years in inland waters other than those identified in subd. 1. d.

2. Alternate size limits may apply to walleye, largemouth bass, smallmouth bass, muskellunge, catfish, northern pike, or panfish if, for the particular species in a particular water, the department finds that at least one of the following conditions exist:

a. A lake restoration project is in place to reduce detrimental fish species that includes bio-manipulation of a waterbody through increasing the abundance and biomass of predator game fish. The department shall apply the following minimum size limits to particular species: 18-inch walleye, 18-inch largemouth or smallmouth bass, or 32-inch northern pike.

b. Fish have been removed or destroyed as a result of a rehabilitation program to reestablish a good supply of game fish. The department shall apply the following minimum size limits to particular species: 18-inch walleye, 18-inch largemouth or smallmouth bass, or 32-inch northern pike.

c. An inland water has been documented to contain detrimental species, species nonindigenous to the waters of the state, or rough fish. In order to control the population of detrimental, nonindigenous, or rough fish species and protect the native fish populations, the department shall apply the following minimum size limits to particular species: 18-inch walleye, 18-inch largemouth or smallmouth bass, or 32-inch northern pike.

d. The department finds that an evaluation of a size limit could not be completed before a sunset date listed in s. NR 20.20. The department may extend the size limit under sub. (2) and the limit shall remain the same and in full force and effect for 7 years from the date specified in s. NR 20.20 or until a permanent rule change is in place, whichever occurs first. The determination to extend a size limit sunset date under sub. (2) shall be made within two years prior to the sunset date listed in s. NR 20.20.

(b)Bag limits. If the department finds under sub. (2) that one or more of the following conditions exists in a particular water, the corresponding alternate bag limit shall apply to the named species of fish in that water. Alternate daily bag limits may apply to walleye, largemouth bass, smallmouth bass, muskellunge, catfish, northern pike, or panfish if, for the particular species in a particular water, the department finds that at least one of the following conditions exist:

1. A lake restoration project is in place to reduce detrimental fish species that includes bio-manipulation of a waterbody through increasing the abundance and biomass of predator gamefish. The department shall apply the following daily bag limits to particular species: 3 walleye, 1 largemouth or smallmouth bass, 1 northern pike, or 10 panfish.

2. Fish have been removed or destroyed as a result of a rehabilitation program to reestablish a good supply of game fish. The following daily bag limits shall apply to particular species: 3 walleye, 1 largemouth or smallmouth bass, 1 northern pike, or 10 panfish.

3. An inland water has been documented to contain detrimental species, species nonindigenous to the waters of the state, or rough fish. In order to control the population of detrimental, nonindigenous, or rough fish species and protect the native fish populations, the department shall apply the following daily bag limits to particular species: 3 walleye, 1 largemouth or smallmouth bass, 1 northern pike, or 10 panfish.

4. The department finds that an evaluation of a daily bag limit could not be completed before a sunset date listed in s. NR 20.20. The department may extend the daily bag limit under sub. (2) and the limit shall remain the same and in full force and effect for 7 years from the date specified in s. NR 20.20 or until a permanent rule change is in place, whichever occurs first. The determination to extend a daily bag limit sunset date under sub. (2) shall be made within two years prior to the sunset date listed in s. NR 20.20.

(c)Statewide size and bag limits. Upon making a determination under sub. (2), the department may establish that a general size and bag limit found in the statewide table under s. NR 20.20(73) is in effect or, for inland trout and salmon, the county base regulation for "all waters not listed" in each county in s. NR 20.20 is in effect.

(d)Size and bag limits where fish consumption advisories have been established. The department may establish an alternate size or bag limit upon finding that one of the following conditions exist in fish sampled from a particular water: More than 10% of the fish tested of that species, in fillets with the skin on, contain .75 parts per million or more mercury, 2 parts per million or more PCB (polychlorinated biphenyl), 5 parts per million or more DDT (dichloro diphenyl trichloroethane), 5 parts per million or more Toxaphene, 0.3 parts per million or more Chlordane, or 0.3 parts per million or more Dieldrin. Upon making a determination under sub. (2) (c):

1. The size limit shall be established so that it allows consumption of fish of sizes which may be consumed under the recommendations of a health guide for eating fish in Wisconsin as published on the department's website.

2. The bag limit shall be zero where the recommendation is that no fish should be consumed.

Note: "Choose Wisely, A Health Guide for Eating Fish in Wisconsin" is a brochure that helps people plan how much fish they can safely eat. It is based on testing conducted on individual waters and also contains statewide recommendations. Printed copies may be available at department offices and the brochure is also located on the department's website. Information in Hmong and Spanish languages is available on the department's website.

(4) TERMINATION OF ALTERNATE LIMITS. Any time the department has reason to believe that the condition which led to the application of an alternate limit under this section no longer affects a species of fish in a particular water, it may remove the alternate limit by following the procedures under sub. (2) (a) to (c). Following its determination to remove an alternate limit the department shall remove or modify the posted notices of alternate limits and the original bag limit or size limit shall then apply.

Wis. Admin. Code Department of Natural Resources NR 20.35

Cr. Register, May, 1999, No. 521, eff. 6-1-99; CR 13-019: am. (3) Register December 2013 No. 696, eff. 1-1-14; correction in numbering in (3) (b) made under s. 13.92(4) (b) 7, Stats., Register December 2013 No. 696.

Amended by, CR 17-012: r. (3) (a) 1. c., cr. (3) (c), (d) Register March 2018 No. 747, eff. 4/1/2018

Amended by, CR 19-091: am. (3) (c) Register March 2020 No. 771, eff. 4/1/2020