Current through August 26, 2024
The following actions are essential to carry out an
effective fish management program.
(1)
LAND ACQUISITION AND DEVELOPMENT. The department shall provide for the
protection of habitat essential to the maintenance of fish populations and for
providing quality fishing opportunities through the acquisition of lands by
gift or purchase. These lands shall be developed to provide access or be
maintained as wilderness areas according to their potential.
(2) HABITAT PROTECTION AND IMPROVEMENT. The
department shall actively protect and maintain habitat capable of supporting
aquatic species. Management efforts include deterring point and nonpoint
pollution, vegetation control, rough fish control, water level manipulation and
limiting shoreline development. Habitat shall be improved where fish
populations can be increased and such improvements are economically and
ecologically feasible. Improvements include in-stream devices, wing deflectors,
bank riprap, stream bank fencing, fish shelters, dredging and streamside
brushing. The application of these techniques shall be consistent with the wild
and wilderness policies of the board.
(3) SURVEYS AND RESEARCH. Programs shall be
based on sound surveys and research. The department shall survey lakes and
streams to obtain information needed to develop and implement management
programs. Research shall be conducted to evaluate and resolve problems that
have been defined.
(4) PROPAGATION,
REARING AND DISTRIBUTION.
(a) The department
shall rear fish for stocking in waters lacking adequate natural reproduction
and where reasonable returns are demonstrated by surveys. Stocking priorities
will be based on use opportunities, hatchery production capabilities, cost and
habitat potential. Stocking of exotic species shall be thoroughly
evaluated.
(b) The department shall
implement fish stocking strategies that recognize economic impact by species,
provide opportunities to resident and non-resident anglers, and ensure that
fish stocked are best suited to survive and thrive in the unique ecological
conditions found throughout the state. These strategies shall be developed in
coordination and consultation with private aquaculturists to ensure effective
coordination and partnerships in protecting, sustaining and improving the
genetic integrity of native, nonnative and self-sustained populations of fish
of the species defined in s.
NR 40.02(30) within the state.
(c) Preserving the genetic integrity of fish
stocks that are documented and proven to survive and thrive in Wisconsin waters
is a central goal of fisheries management in Wisconsin. All fish stocking in
Wisconsin inland waters shall be authorized under a permit issued by the
department and shall be conducted to maintain the genetic boundaries of fish
best adapted to those waters. Stocking shall be considered an important
restoration tool used to reestablish naturally reproducing populations and may
not be conducted to the potential detriment of natural reproduction.
(d) In order to effectively meet statewide
stocking goals, the department shall, on an annual basis, make available fish
or fish eggs to private entities so they have access to the same genetic fish
strains the state maintains in its hatchery system. This will provide
additional resources and opportunities to ensure that statewide stocking needs
are met through coordination and partnerships between the department and
private entities.
(5)
POPULATION MANIPULATION. The department may, where feasible, control fish
populations that are stunted or harmful to more desirable fish species. Control
measures include mechanical removal, predator stocking, commercial harvest and
chemical treatment.
(6) RULES. The
department shall regulate the sport and commercial harvest of aquatic resources
to achieve optimum sustained yields. Pollution and habitat destruction shall be
stringently opposed through the strict enforcement of all laws and
administrative rules. Special regulations shall be used to provide diverse
angling opportunities and to distribute use in heavily fished areas.
(7) TROUT STREAM CLASSIFICATION. The
department shall identify and classify trout streams as follows to ensure
adequate protection and proper management of this unique resource.
(a) For the purpose of this subsection, the
following terms are defined as:
1.
"Classification survey" means a fishery survey employing techniques generally
accepted by fisheries biologists that:
a.
Investigates the variety of habitat types present in the water being
surveyed;
b. Provides a
representative sample of the fish species present, and their relative
abundance;
c. Provides the length
distribution and the age structure of the trout population.
2. "Trout spawning habitat" means
areas of gravel, small rubble or coarse sand which are infiltrated by
groundwater or stream flow of sufficient quantity and quality to allow
successful hatching of trout eggs and emergence of fry.
3. "Trout habitat" means those areas having
sufficient quantity and quality of water, cover and food to allow trout to
complete one or more life history stages.
(b) Classification of trout streams, as
determined by classification surveys, shall be based on the following criteria:
1. 'Class I'. A class I trout stream is a
stream or portion thereof with a self-sustaining population of trout.
a. Such a stream contains trout spawning
habitat and naturally produced fry, fingerling, and yearling in sufficient
numbers to utilize the trout habitat, or
b. Contains trout with 2 or more age groups,
above the age of one year, and natural reproduction and survival of wild fish
in sufficient numbers to utilize the available trout habitat and to sustain the
fishery without stocking.
2. 'Class II'. A class II trout stream is a
stream or portion thereof that:
a. Contains a
population of trout made up of one or more age groups, above the age one year,
in sufficient numbers to indicate substantial survival from one year to the
next, and
b. May or may not have
natural reproduction of trout occurring; however, stocking is necessary to
fully utilize the available trout habitat or to sustain the fishery.
3. 'Class III'. A class III trout
stream is a stream or portion thereof that:
a. Requires the annual stocking of trout to
provide a significant harvest, and
b. Does not provide habitat suitable for the
survival of trout throughout the year, or for natural reproduction of
trout.
(c)
After classification or reclassification of a stream or portion thereof under
this subsection, the department shall, as soon as is feasible or reasonable,
give notice in a newspaper or such other media the department selects in the
area affected which is likely to inform the local residents. The department
shall provide the information to all clerks of the county, town, city or
village in which the stream or portion thereof is located. The department shall
notify the legislators whose districts include the affected stream and the
chairpersons of the committees of the legislature with jurisdiction for natural
resources issues.
(d) The notice
shall contain the location and description of the stream and the basis for its
classification. If a hearing is not requested in writing within 30 days after
the mailing of the notice, the department may waive the hearing. Upon receipt
of a request for a hearing, the department shall, not less than 10 days before
such hearing, mail written notice thereof to each person notified under par.
(c).
(e) At each hearing, the
department shall take evidence offered by persons in support of or in
opposition to the stream classification. If the department finds the stream is
not properly classified, the stream shall be reclassified on the basis of the
criteria specified under par. (b).
(f) The department shall maintain a list of
classified trout streams for public information. This list shall not be assumed
to be exhaustive but will include all trout streams surveyed and
classified.
