Current through August 26, 2024
(1)
CRITERIA. Pursuant to sub. (2), the department may establish a
temporary fish refuge on a water or part of a water when it finds through
scientific investigation, fish population monitoring, or documentation of fish
movement that fish have become concentrated and vulnerable to harvest and are
in need of immediate protection due to at least one of the following:
(a) A fish passage, fishway, or similar
structure has been installed to allow fish to move past a barrier to access
additional areas of their natural range, and continued fishing may result in a
depletion of the game fish supply due to the new movement patterns of fish in
or around the structure.
(b) The
department has authorized a habitat or waterway project that may temporarily
impact the distribution of fish in the waterbody into a smaller area.
(c) New information or a change in conditions
affecting one or more fish populations in the waterbody warrants the
establishment of a temporary fish refuge to address an imminent conservation
need.
(2)
PROCEDURES. Upon making a determination under sub. (1) that a
temporary fish refuge is warranted, the department shall do all of the
following:
(a) Prepare and distribute a notice
of its intent to establish a temporary fish refuge 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 or part of the water that will be included in the
temporary fish refuge, the effective date of the refuge, the proposed annual
date range for the refuge, the location where the public may send comments on
the proposal or request a public informational meeting, and the deadline for
submitting comments or requesting a public meeting.
(b) If requested by the public in writing
within 10 days of publication of the notice under par. (a), hold one or more
public information meetings in the vicinity of the proposed temporary fish
refuge, at which the department shall describe the factual basis for the
temporary fish refuge and shall take public comments.
(c) If, based on the factual basis for the
temporary fish refuge and public comments received, the department decides to
proceed with establishment of the temporary fish refuge, the department shall
issue an order establishing the fish refuge.
(d) Within 30 days of the order establishing
the temporary fish refuge under par. (c), the department shall post notice of
the fish refuge at public access sites in the vicinity of the fish refuge that
shall contain the boundary descriptions of the fish refuge and the annual date
range during which the fish refuge shall be in effect.
(3) EFFECTIVE PERIOD. A
temporary fish refuge established under this section shall remain in effect
until 3 years following the effective date of the refuge, until the end of the
project, or until the department has determined that fish no longer congregate
either seasonally or continuously in the area of the fish refuge, whichever
occurs first. Upon discontinuing a fish refuge, the department shall publish
notice of discontinuation of the fish refuge in the official state newspaper
and shall remove the notices posted in the vicinity of the fish
refuge.
