Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 20 - Fishing: Inland Waters; Outlying Waters › Subchapter IV - Department Authority › Section NR 20.35 - Alternate size and bag limits

Current through June 24, 2024
(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