Wis. Admin. Code NR § 102.56

Current through May 28, 2024
Section NR 102.56 - Numeric biological assessment thresholds for lakes, reservoirs and impounded flowing waters

This section contains numeric biological assessment thresholds for evaluating the biological condition of lakes, reservoirs, and impounded flowing waters and determining whether applicable designated uses are being attained. Numeric biological assessment thresholds used to assess attainment of designated uses include all of the following:

(1) AQUATIC LIFE USE THRESHOLDS.
(a)Chlorophyll a.
1. 'Assessment thresholds.'
a. A lake or reservoir other than a stratified two-story fishery lake is not attaining its aquatic life use if its arithmetic mean suspended chlorophyll a concentration exceeds 27 ug/L.
b. A two-story fishery lake is not attaining its aquatic life use if its arithmetic mean suspended chlorophyll a concentration exceeds 8 ug/L.
2. 'Assessment methods.' Data requirements for chlorophyll a are the same as those specified for phosphorus in s. NR 102.07 (1) (a), except that the sampling period for chlorophyll a is July 15 to September 15. To determine attainment of the chlorophyll a threshold under subd. 1., the department shall compare the waterbody's mean suspended chlorophyll a concentration during the sampling period to the threshold, using the confidence interval approach described under s. NR 102.52 (2) (b) to (c) to determine if additional samples are needed.

Note: The aquatic life chlorophyll a thresholds do not apply to streams, rivers, or impounded flowing waters, as they were established based on lake trophic status levels.

(b)Aquatic plants.
1. 'Assessment thresholds.' Thresholds for evaluating the general health of an aquatic plant community in a lake or reservoir to determine whether its aquatic life use is attained are shown in Table 8. Thresholds used in the macrophyte assessment of condition indicate the acceptable percentage of a lake or reservoir's vegetated area supporting species that are in each of three tolerance categories. The tolerance categories specify whether a plant species is sensitive to, moderately tolerant of, or tolerant of disturbance.

Table 8

Aquatic plant community thresholds for lakes and reservoirs

Lake subcategory1

Macrophyte assessment of condition is attained if:

Northern seepage

Moderately tolerant [LESS THAN OR EQUAL] 64%

Northern drainage

Tolerant [LESS THAN OR EQUAL] 73%

Southern seepage

Sensitive [GREATER THAN] 15%

Southern drainage

Tolerant [LESS THAN OR EQUAL] 50%

1 In Table 8, northern lakes are those north of 44.84707° N latitude, and southern lakes are those south of that latitude. These thresholds do not apply to the Great Lakes or lakes less than 5 acres in surface area.

2. 'Assessment methods.' The percentage of a lake or reservoir's vegetated area supporting each tolerance category shall be determined using department-approved protocols for assessing macrophyte condition. The sampling period for southern lakes is June 15 to September 15, and for northern lakes is July 1 to August 31 unless the department determines that an extension from June 15 to September 15 is appropriate during warmer than average years. The department shall consider the threshold attained if the most recent plant survey conducted within the past 10 years, or other more representative survey, attains the applicable threshold in Table 8.

Note: Examples of department-approved sampling protocols include the "Recommended Baseline Monitoring of Aquatic Plants in Wisconsin," available on the department's website in the Electronic Guidance and Documents (EGAD) system at https://dnr.wi.gov/water/egadsearch.aspx. Examples of department-approved analysis protocols include the "Macrophyte Assessment of Condition - General" (MAC-Gen) for general condition assessments applicable to this section, and the "Macrophyte Assessment of Condition - Phosphorus" (MAC-P) for phosphorus-specific assessments under s. NR 102.60 (2) (c). Each MAC protocol contains the tolerance groups assigned to each species. MAC-Gen and MAC-P scores can be obtained by contacting the department at DNRSWIMS@wisconsin.gov and submitting aquatic plant data collected and formatted according to department specifications. Computer programming script written in the R language to compute the MAC calculations can be obtained through the department's Water Evaluation Section by contacting the department's call center at 1-888-WDNRINFo (1-888-936-7463) or using options provided on its website at https://dnr.wi.gov/contact/.

(2) RECREATION USE THRESHOLDS.
(a)Definition. In this section, "moderate algae level" means a chlorophyll a concentration of 20 ug/L or greater.
(b)Frequency of moderate algae levels. Thresholds in Table 9 shall be used when determining if a lake, reservoir, or impounded flowing water is attaining its recreational use.

Table 9

Algae thresholds for recreational use assessments

Waterbody type1

Subcategory

Thresholds for frequency of moderate algae levels

Lakes, reservoirs, impounded flowing waters (includes cold and warm)

Impounded flowing water, unstratified drainage, unstratified seepage

Does not exceed 20 ug/L chlorophyll a for more than 30% of days during the summer sampling period2

Stratified drainage, stratified seepage

Does not exceed 20 ug/L chlorophyll a for more than 5% of days during the summer sampling period2

Stratified two- story fishery

1 Terms used for waterbody types and subcategories are defined in s. NR 102.03.

2 Summer sampling period is July 15 to September 15.

Note: Lakes and reservoirs are subcategorized based on both their stratification status (stratified vs. unstratified) and whether or not they have an outlet stream or river (drainage vs. seepage). To find a lake or reservoir's subcategory, also known as its natural community, go to the department's Surface Water Data Viewer online map at https://dnr.wi.gov/topic/surfacewater/swdv/ and turn on the layer for Surface Water: Lake Natural Communities. On the natural communities layer, unstratified is referred to as "shallow," and stratified is referred to as "deep." Headwater and lowland lakes are types of drainage lakes.

Note: The U.S. EPA has set human health swimming advisory levels for microcystin and cylindrospermopsin that accurately reflect the latest scientific information on the potential human health effects from recreational exposure to these two cyanotoxins. The department recommends that local and tribal public health agencies use these swimming advisory levels for notification purposes in recreational waters to protect the public. More information can be found at https://dnr.wisconsin.gov/topic/lakes/bluegreenalgae.

(c)Assessment methods. Data requirements for chlorophyll a are the same as those specified for phosphorus in s. NR 102.07 (1) (a), except that the sampling period for chlorophyll a in all waterbody types is July 15 to September 15. To determine attainment of the threshold, the department shall determine a waterbody's frequency of moderate algae levels during the chlorophyll a summer sampling period using the confidence interval for a percentile of a normal distribution, and use the approach described under s. NR 102.52 (2) (b) and (c) to compare that frequency to the applicable threshold in Table 9.

Wis. Admin. Code Department of Natural Resources § NR 102.56

Adopted by, CR 19-094: cr. Register September 2022 No. 801, eff. 10/1/2022
Amended by, correction in (Note) made under s. 13.92 (4) (b), Stats., Register January 2024 No. 817, eff. 2/1/2024

The statistical calculation for determining the frequency of moderate algae levels is contained in Wisconsin's Consolidated Assessment and Listing Methodology (WisCALM) guidance document.