(1) LAKE SUPERIOR.
(a)
1. Not
more than 10, subject to subd. 2., licenses authorizing commercial fishing in
Lake Superior may be issued for each license year except that this section does
not apply to licenses for fishing only for the harvest of rough fish from
outlying waters under permit or contract issued under s.
29.417 or
29.421,
Stats.
2. Notwithstanding the total
number of licenses established in subd. 1., the department may issue up to 21
licenses authorizing commercial fishing in Lake Superior if required by the
terms of cooperative agreements between the department and persons licensed
during the 1995-1996 license year.
3. A person may hold more than one license
under s.
29.519(1m),
Stats., for commercial fishing on Lake Superior, if the person meets the
criteria of par. (b) for each license separately.
Note: The Wisconsin Attorney General and the
Department of Natural Resources interpret LeClair et al. v. Natural
Resources Board and DNR, 168 Wis. 2d 227 (Ct. App. 1992), (review
denied June 2, 1992) and prior cases to hold that commercial fishing licenses
and quotas do not establish property rights and are subject to the full
regulatory authority of the state. By voluntarily withdrawing from the
commercial fishery in conjunction with the creation of this subdivision and the
amendment of ss. NR 25.03(1) (a) and 25.06(1) (a)
2., (effective February 1, 1997),
participating commercial fishers acknowledge this interpretation and agree to
cooperate in reducing the size of the commercial fishery while enhancing the
lake trout fishery of Lake Superior.
(b) Applications for licenses authorizing
commercial fishing on Lake Superior which have been filed in accordance with
sub. (3) shall be reviewed, and approved or denied, pursuant to the following
criteria:
1. The applicant shall show proof
of a $5,000 investment in commercial fishing equipment not to include vehicles
other than those directly employed in operating nets.
2. Any applicant failing to meet the criteria
of this paragraph will not be eligible to reapply for a license until the
application period for the succeeding license year.
(c) Licenses shall be issued according to the
following priorities to applicants otherwise qualified under par. (b):
1. First to individuals who have been
licensed commercial fishers on Lake Superior during the preceding license year
and who are applying for renewal of that license.
2. Next to individuals who were not licensed
the preceding license year, but who had been licensed commercial fishers on
Lake Superior for at least 2 years.
3. Next to individuals who worked as a
licensed crew member on Lake Superior under s.
29.519(4) (a), Stats., for at least 2 years.
4. Next to other Wisconsin residents and
nonresidents residing in states allowing Wisconsin residents similar
privileges.
5. When the number of
qualified applicants for licenses exceed the number of licenses available and
those applicants are not affected by the priorities established in subds. 1. to
4., the licenses shall be awarded on the basis of random selection from all
eligible applications.
(d) The Lake Superior commercial fishing
board shall review applications for licenses and recommend approval or denial
of licenses to the department no later than one month before the end of the
license year preceding the license year for which application is being
made.
(2)LAKE MICHIGAN.
(a) No more than 65 licenses authorizing
commercial fishing in Lake Michigan may be issued for each license year. This
section does not apply to licenses for fishing only for the harvest of rough
fish from outlying waters under a permit or contract issued under s.
29.417 or
29.421,
Stats.
(am) A person may hold more
than one license under s.
29.519(1m),
Stats., for commercial fishing on Lake Michigan, if the person meets the
criteria of par. (b) for each license separately.
(b) Applications for licenses authorizing
commercial fishing in Lake Michigan which have been filed in accordance with
sub. (3) shall be reviewed, and approved or denied, pursuant to the following
criteria:
1. The applicant shall show proof
of a $5,000 investment in commercial fishing equipment not to include vehicles
other than those directly employed in operating nets.
2. Any applicant failing to meet the criteria
of this paragraph will not be eligible to reapply for a license until the
application period for the succeeding license year.
(c) Licenses shall be issued according to the
following priorities to applicants otherwise qualified under par. (b):
1. First to individuals who have been
licensed commercial fishers on Lake Michigan during the preceding license year
and who are applying for renewal of that license.
2. Next to individuals who were not licensed
the preceding license year, but who had been licensed commercial fishers on
Lake Michigan for at least 2 years.
3. Next to individuals who worked as a
licensed crew member on Lake Michigan under s.
29.519(4) (a), Stats., for at least 2 years.
4. Next to other Wisconsin residents and
nonresidents residing in states allowing Wisconsin residents similar
privileges.
5. When the number of
qualified applicants for licenses exceed the number of licenses available and
those applicants are not affected by the priorities established in subds. 1. to
4., the licenses shall be awarded on the basis of random selection from all
eligible applications.
(d) The Lake Michigan commercial fishing
board shall review applications for licenses and recommend approval or denial
of licenses to the department no later than one month before the end of the
license year preceding the license year for which application is being
made.
(3)APPLICATION.
Application for licenses authorizing commercial fishing in the outlying waters
shall be made on forms available from the department and shall be returned to
the department no later than 60 days before the license year for which
application is being made. To be timely, applications, if mailed, must be
postmarked no later than 60 days before the license year for which application
is being made and if submitted to the department other than by mail must be
received and stamped with a date stamp of the department indicating receipt no
later than 60 days before the license year for which application is being made.
Late applications for licenses may not be acted upon by the department but
shall be returned to the applicant along with the applicant's license
fee.
(4)ROUGH FISH LICENSES. This
section does not apply to licenses for fishing only for the harvest of rough
fish from outlying waters under permit or contract issued under s.
29.417 or
29.421,
Stats.
