(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 20.07(6). 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 1:00 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 20.07(6). The season closure shall
take effect at 7:00 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 20.07(6).
Par. (d) is shown as affected by CR 17-051 and CR 17-061
as merged by the legislative reference bureau under s.
13.92(4) (bm).
