(1) DEFINITIONS. In
this section:
(a) "Assist" or "assisting"
means providing support or aid to a person with the activities associated with
the act of fishing, including transporting anglers between the shore and an
open water or on-ice fishing location.
(b) "Direct" or "directing" means to manage,
supervise, or oversee an angler's or anglers' fishing activities and fishing
trip conditions to aid the angler or anglers in attempting to catch
fish.
(c) "Electronic guide
reporting system" means a system established or authorized by the department
for reporting guided fishing trips and other required information to the
department by electronic means.
(d)
1. "Fishing guide" means any person required
to be licensed under the provisions of s.
29.512(1),
Stats., that is actively engaged in guiding, directing, or assisting a person
or persons for compensation or reward in fishing, as defined in s.
NR 20.03(12), in waters defined in pars.
(f), (h), and (i).
2. "Fishing
guide" does not include a person that rents boats, fishing shelters, fishing
gear, or related equipment to an angler for the angler's independent use,
provided that the person does not offer any additional services to guide,
direct or assist the angler in attempting to catch fish.
(e) "Fishing trip" means the time period
during which an individual fishes or a group of anglers fishes together,
commencing upon leaving the dock or shore and ending upon return to the dock or
shore after the conclusion of fishing.
(f) "Green Bay" means those waters specified
in s.
NR 20.03(15), (16), and (21).
(g) "Guide," when used as a verb, or
"guiding" means to advise, influence or superintend the conduct or instruction
of an angler or anglers, including providing expertise to an angler or anglers
on how to conduct fishing activities to improve the angler or anglers' ability
to catch fish.
(h) "Lake Michigan"
means those waters specified in s.
NR 20.03(17) and (18).
(i) "Lake Superior" means Wisconsin waters of
Lake Superior and Chequamegon Bay, as well as all tributaries up to the first
lake or barrier impassable to fish.
(2) GENERAL PROVISIONS.
(ag) No person may fail to file a report as
required under this subsection and sub. (3). No person may file an inaccurate
report of the information required under this subsection.
(ar) Each fishing guide operating in the
Wisconsin waters of Lake Superior, Lake Michigan, or Green Bay designated under
par. (b) shall report to the department in the manner described in sub. (3) for
each fishing trip, except as provided in pars. (d) and (e).
(b) The department shall annually specify the
waters of Lake Superior, Lake Michigan, and Green Bay and the time frame and
the fish species for which reporting is required, which shall become effective
on January 1 each year. The department shall notify fishing guides of this
information no later than December 1 of the preceding year.
(c) The report required under par. (ar) for
each guided fishing trip shall include all of the following accurate
information:
1. Name and department customer
identification number of the fishing guide filing the report.
2. Name and department customer
identification number of other fishing guides who were involved in guiding,
directing, or assisting with the fishing trip.
3. Date.
4. Location.
5. Total number of anglers.
6. Total number of hours fished during the
fishing trip.
7. Description of
fish caught during the fishing trip, including species, number caught, number
kept, tag numbers, if any, and other related information.
8. Other information required on the report
form that the department determines is relevant to the sound management of the
species taken.
(d) If
multiple fishing guides guide, direct, or assist with a fishing trip, in whole
or in part, each fishing guide shall file a report per this subsection for that
fishing trip, except that only one report may contain the information described
in par. (c) 5. to 7., and all other reports filed for that fishing trip shall
identify the name and department customer identification number of the fishing
guide that completed the information in par. (c) 5. to 7. The fishing guides
associated with the fishing trip may determine which fishing guide's report
will contain the information in par. (c) 5. to 7., but all fishing guides
remain responsible for ensuring that the information in the fishing trip report
is provided and filed in accordance with this subsection and sub.
(3).
(e) Notwithstanding the
requirements in pars. (ar) and (d), as an alternative form of reporting, a
person who employs one or more fishing guides and who obtains a guide license
under s.
29.512(1),
Stats., may elect to complete the fishing trip reports required under this
subsection in place of any licensed fishing guide or group of fishing guides
under its employ, in accordance with all of the following conditions:
1. The employer and any employed fishing
guides for whom the employer will file reports shall jointly apply, on
application forms furnished by the department, for annual authorization to file
the fishing reports under this subsection. Authorization shall remain in effect
until the end of the license year. The application forms shall include all of
the following information:
a. The name,
business address, and department customer identification number of the employer
that will report on behalf of the employed fishing guides.
b. The names and department customer
identification numbers of all fishing guides for whom the employer will submit
reports during the license year.
c.
Fishing guide certification that each fishing guide shall provide true and
accurate information required under this subsection to the employer for all
fishing trips during the license year while under the employ of that employer,
that the fishing guide shall provide this information within 24 hours after
completion of the fishing trip, and that the fishing guide remains responsible
for ensuring that the employer has received the fishing trip report information
to fulfill the requirements in this subsection and sub. (3).
d. Acknowledgement of the employer and each
fishing guide listed under subd. 1. b. for which fishing trip reports will be
filed that the employer shall submit all fishing trip reports for the calendar
year with information provided by the fishing guide and in accordance with this
section.
e. Any other information
requested by the department.
2. The employer and each employed fishing
guide for whom the employer will file reports shall each be responsible for the
form, content, and submission of all fishing trip reports filed pursuant to
this paragraph.
(3) REPORTING METHODS.
(a) Each fishing guide required to report
under sub. (2) shall submit a report of each fishing trip to the department by
means of the electronic guide reporting system within 24 hours after completion
of the fishing trip, except as provided in par. (c). The fishing guide shall
submit the report in the English language on electronic forms provided for this
purpose by the department.
(b)
Reports submitted by the fishing guide using the electronic guide reporting
system are considered approved upon submittal.
(c)
1. If
the electronic guide reporting system is not in operation, or if the fishing
guide is unable to connect to the electronic guide reporting system, the
fishing guide shall complete and sign, in writing in the English language, a
paper report on a form furnished by the department containing the required
information in sub. (2) (c) within 24 hours of completion of the fishing
trip.
2. When the electronic
reporting system is again functional, or the fishing guide's electronic
communication device can again connect to the electronic guide reporting
system, the fishing guide shall resume entering trip reports required under
sub. (2) into the electronic guide reporting system and submitting the reports
electronically to the department. The fishing guide shall retroactively enter
the information from any paper reports into the electronic reporting system
within 48 hours of completion of the fishing trip unless the department has
granted an extension.
3. The
fishing guide shall retain all paper copies of the trip report as part of the
fishing guide's records for a period of 5 years from the date on which the
record or report was created, and shall make records available upon the request
of a department representative.
Note: This section is shown as repealed and recreated
eff. 1-1-22 by CR 21-038. Prior to 1-1-22 it reads:
NR 20.65 Note NR 20.65 Report of licensed guides.
All Wisconsin guides licensed under the provisions of s.
29.512(1),
Stats., and operating in the Wisconsin waters of Lake Superior, Lake Michigan
and Green Bay shall report to the department on blanks to be furnished by the
department detailed information regarding their fishing activities which shall
include the quantity, the varieties of fish taken, and any other information
pertaining to their fishing activities required by the
department.