Wisconsin Administrative Code
Department of Natural Resources
NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation
Chapter NR 25 - Commercial fishing In Outlying Waters And Wholesale Fish Dealers
Subchapter II - Commercial Fishing - Outlying Waters
Section NR 25.09 - Commercial fishing gear
Universal Citation: WI Admin Code ยง NR 25.09
Current through August 26, 2024
Licensed commercial fishers and treaty fishers conducting commercial fishing operations may only use the following gear subject to the conditions stated in this section and in the areas designated:
(1) LAKE SUPERIOR.
(ad)
Gill nets - 13/4
inch. The licensee may use gill nets with a mesh size of not more than
1 3/4 inch stretch measure.
(ah)
Gill nets - 23/8 inch.
The licensee may use gill nets with a mesh size of not less than 2 3/8 inch and
not more than 3 inch stretch measure under the following conditions:
1. From January 16 to November 9, the
licensee may use gill nets of this size stretch measure only when the bottom
lead or maitre cord, line, or rope is on the lake bottom, only when the depth
of water at that location is 12 to 60 feet (2 to 10 fathoms) deep or 210 to 330
feet (35 to 55 fathoms) deep, and only when the number of meshes does not
exceed 35 meshes in depth.
2. From
November 10 to January 15, the licensee may use gill nets of this size stretch
measure only when the bottom lead or maitre cord, line, or rope is on the lake
bottom, only when the depth of water at that location is 60 to 330 feet (10 to
55 fathoms) deep, and only when the number of meshes does not exceed 35 meshes
in depth.
3. At any time of year,
the licensee may use gill nets of this size stretch measure, provided that the
bottom maitre cord or lead line is at least 6 feet (1 fathom) above the lake
bottom and the top maitre cord or float line is at least 12 feet (2 fathoms)
below the surface of the water, and that the number of meshes does not exceed
60 meshes in depth.
(am)
Gill nets - 47/16 inch. The licensee may set gill nets with a
mesh size of not less than 4 7/ 16 inch stretch measure under all of the
following conditions:
1. The licensee may set
gill nets with 4 7/ 16 inch stretch measure not exceeding 36 meshes in depth
and only when set on the bottom of the lake.
2. In addition to the requirement in subd.
1., the licensee may set gill nets with 4 7/ 16 inch stretch measure not
exceeding 36 meshes in depth in waters less than 330 feet (55 fathoms) deep
only from November 28 through September 30.
3. In addition to the requirements in subds.
1. and 2., in water less than 330 feet (55 fathoms) deep, the total maximum
feet of gill net with mesh size equal to 4 7/ 16 inch and greater that the
licensee may set shall be determined by the department according to this
subdivision based on CPE in order to ensure that total allowable state and
tribal annual lake trout harvest quotas and individual fishers' harvest quotas
are not exceeded.
a. The lake trout open
season under s.
NR 25.05 is divided into 3 periods. The department shall
determine CPE and determine the total maximum feet of gill net with mesh size
equal to 4 7/ 16 inch and greater which may be set by all licensees during each
of the following 3 periods:
period 1: November 28 through March 31;
period 2: April 1 through May 31;
period 3: June 1 through September 30.
b. CPE for each period shall be determined
from department-monitored state and tribal net lifts occurring during each
period.
d. The 3-year average CPEs
shall be calculated by the department as the average of the monitored CPEs for
the corresponding periods of the preceding 3 lake trout open seasons using data
from department-monitored net lifts.
e. No commercial fisher may set more than his
or her allowable gill net effort during each period of the lake trout open
season. The department shall use the following formula to determine each
commercial fisher's allowable gill net effort in feet of net:
period 1 allowable gill net effort:
Individual Lake Trout Quota x 1000 / Period 1 CPE
period 2 allowable gill net effort:
[Unused Effort Period 1][Period 1 CPE] / Period 2 CPE
period 3 allowable gill net effort:
[Unused Effort Period 2][Period 2 CPE] / Period 3 CPE
f. The department shall
make available allowable gill net effort limitations for period 1 by November 1
of each year. If a commercial fisher's allowable gill net effort has not been
used by the end of period 1 or 2 and is reported by the commercial fisher
according to s.
NR 25.13, the remaining balance of allowable gill net
effort in feet of net shall be carried over to succeeding periods within the
lake trout open season but not carried over to the next lake trout open season.
The department shall determine gill net effort limitations for periods 2 and 3
within 5 working days after the start of periods 2 and 3 using remaining
allowable gill net effort reported according to s.
NR 25.13.
g.
The department shall calculate the allowable gill net effort for the overall
state commercial and tribal effort in the same manner as described in subd. 3.
e., except that the state or tribal lake trout quota shall be used instead of
the fisher's individual quota.
4. Upon use of all tags issued for lake trout
to the licensee under s.
NR 25.07 (1)
(a), or upon use of the total number of feet
of gill net permitted to be set in any time period under subd. 3., a licensee
may not set gill nets with a mesh size of 4 7/ 16 inch stretch measure in water
less than 330 feet (55 fathoms) deep for the remainder of the lake trout open
season.
5. The licensee using the
gill net shall tag the gill net with an informational tag, supplied by the
department, on the buoy staff above the water line. Each tag shall state the
time and date upon which the gill net was set, the length of the gang of nets,
the license number or fleet reporting number and the licensee's
initials.
6. The licensee may not
set or place gill nets in the waters of Lake Superior from a boat or watercraft
from January 15 through March 31, except as authorized by the department in a
permit issued under sub. (6).
7.
The licensee may not set or place gill nets within one-quarter mile shoreward
of the pot and lead of any entrapping net, except that if a trap net is set
within one-quarter mile of a gill net, that gill net may continue to be lifted
and reset in the same location.
(ar)
Gill nets - unrestricted
size. The licensee may set gill nets with no restrictions on mesh size
or the number of meshes in depth at any time during the year only in water more
than 330 feet (55 fathoms) deep and only when set on the bottom.
(as)
Gill net marking
requirements. The licensee shall legibly mark each gill net with the
license number or fleet reporting number of the license holder on each float or
on each lead, and shall mark the bowls of the buoys on each end of the gang
with the license number of the license holder in accordance with s.
29.516 (2) (d) 1, Stats.
(av)
Gill net lifting
requirements. The licensee shall lift each gill net a minimum of:
1. Once every 72 hours in open water less
than 96 feet (16 fathoms) deep.
2.
Once every 120 hours in open water 96 to 210 feet (16 to 35 fathoms)
deep.
3. Once every 240 hours in
open water more than 210 feet (35 fathoms) deep.
4. Once every 120 hours in commercial ice
fishing.
(b)
Entrapping nets.
1. The
licensee may use entrapping nets only when the pot or crib is set, placed, or
operated in water not more than 90 feet (15 fathoms) deep.
2. The licensee may set, place, or operate
entrapping nets only by permit issued under s.
NR 25.10 (4) in that part of Lake Superior lying
between a line extending due north of a point one mile east of the mouth of the
Iron river in section 34, township 50 north, range 9 west, Bayfield county, and
a line extending due north from the mouth of the Bad river in section 17,
township 48 north, range 2 west, Ashland county, including all of the Apostle
Islands area.
3. Each licensee may
use up to 10 entrapping nets per license, as measured by the number of pots or
cribs.
4. The licensee shall lift
each entrapping net a minimum of once every 168 hours.
5. Each entrapping net shall have the fish
holding pot portion rendered inoperable during the closed seasons for whitefish
and lake trout and shall have the webbing removed from the water within 3 days
after the close of the lake trout season.
6. The licensee may not place entrapping nets
within one-half mile of any other entrapping net.
7. The licensee may not place or operate
entrapping nets in the waters of Lake Superior during the months of April, May,
June, July, August, and September if the mesh covering the top of the hearts of
the nets is less than 14 inch stretch measure.
8. The licensee may not place or operate
entrapping nets in the waters of Lake Superior from a boat or watercraft from
November 28 through March 31.
9. A
licensee fishing with entrapment nets in the area west of Bark Point known as
WI-1 may harvest cisco, whitefish, and lake trout less than 25 inches in
length, and only from April 1 to September 30.
10. The licensee may not place or operate
entrapping nets within one mile of a designated trout stream.
11. The licensee shall mark and maintain each
entrapping net with 2 flags, one above the other, on a single staff attached to
the inside or shallow lead end of the net, one flag on a staff attached to the
pot or lifting buoy, one flag on a staff attached to the anchor at the outward
end of the king line, and one float measuring a minimum of 5 inches in diameter
attached to the anchor at the outward end of each net wing. All staffs shall be
marked with reflective tape. All flags shall measure not less than 9 inches
high by 18 inches wide and shall be displayed so that the top edge of the flag
is not less than 5 feet above the water, except that the lower of 2 flags on
one staff shall be displayed so that the bottom edge is not less than 3 feet
above the water. Two flags displayed on one staff shall be separated by not
less than 6 inches. All floats and all flags except the flag attached to the
king line anchor shall be of a highly visible color commonly referred to as
hunter orange or blaze orange with a color range between 595 nm and 605 nm. The
flag attached to the king line anchor shall be a dark color other than orange.
The license number or fleet reporting number of the commercial fishing license
holder shall be displayed and maintained in legible, block figures at least 1
inch high on the bowl of the pot or lifting buoy. Flags are not required
October 16 through April 14.
(bm)
All nets. The following
regulations shall apply to all nets:
1. No net
may be placed within one-quarter mile of any other net, except that if a trap
net is set illegally within one-quarter mile of a legally placed gill net, that
gill net may continue to be lifted and reset in the same location in accordance
with par. (am) 7. Entrapment nets are further subject to s.
NR 25.09 (1) (b)
6.
2. Within 24 hours of setting any portion of
a net, the net shall be fully deployed and actively
fishing.
(c)
Encircling nets and trawls. Encircling nets and trawls are
prohibited.
(d)
Disposition
of fish caught in nets. All lake trout caught in gill nets not less
than 4 7D16 inch stretch measure set in waters less than 330 feet (55 fathoms)
deep shall be kept and tagged except that, during November 28 through May 31,
live lake trout may be released. Lake trout caught in gill nets in waters 330
feet (55 fathoms) deep or deeper or in entrapping nets may be returned to the
lake or kept and tagged, except that dead lake trout 25 inches or less in
length caught in entrapping nets shall be kept and tagged. All lake trout, dead
or alive, larger than 25 inches in length caught in entrapping nets shall be
returned to the lake. All lake trout and siscowet harvested by commercial and
home use fishers shall be tagged in accordance with s.
NR 25.06 (3).
(e)
Ice buoy standards.
Whenever ice may reasonably be expected to encroach upon fishing gear, in lieu
of the requirements in s.
NR 25.09, no commercial fisher may fish except with gear
that meets the following standards:
1. Ice
buoys shall have an overall minimum length of 12 feet.
2. At least two feet of any ice buoy shall
extend above water with the license number of the commercial fisher
visible.
3. The top foot of the
above-water portion of an ice buoy shall be marked with the highly visible
color known as hunter orange or blaze orange.
(2) LAKE MICHIGAN AND GREEN BAY.
(a)
Gill nets.
1. 'Gill nets of 1 3/4 inch stretch
measure for smelt.' For taking smelt only, a licensee may use gill nets with a
mesh size of not more than 1 3/4 inch stretch measure not exceeding 60
meshes in depth in Green Bay and 30 meshes in depth in Lake Michigan.
2. 'Gill nets of 2 3/8 to 2 1/2 inch
stretch measure in southern Green Bay.' In southern Green Bay only, a licensee
may use gill nets with a mesh size of not less than 2 3/8 inch and not more
than 2 1/2 inch stretch measure not exceeding 60 meshes in
depth.
3. 'Gill nets of 2 3/8 to 2
3/4 inch stretch measure in the southern chub fishing zone in Lake
Michigan.' In water more than 150 feet (25 fathoms) deep in the southern chub
fishing zone in Lake Michigan only except as provided in subd. 4., a licensee
may use gill nets with a mesh size of not less than 2 3/8 inch and not more
than 2 3/4 inch stretch measure, and not less than 24 meshes and not more
than 60 meshes in height.
4. 'Gill
nets of 2 1/2 to 2 3/4 inch stretch measure.' In any of the following
areas and under the following conditions, a licensee may use gill nets with a
mesh size of not less than 2 1/2 inch and not more than 2 3/4 inch
stretch measure:
a. For chubs in Lake
Michigan, a licensee may use gill nets of 2 1/2 to 2 3/4 inch stretch
measure in the northern chub fishing zone only and those nets may not exceed 60
meshes in depth.
b. For other legal
fish species in Lake Michigan and Green Bay, a licensee may use gill nets of 2
1/2 to 2 3/4 inch stretch measure only in the areas and with the
restrictions described under subd. 4. c. and d.
c. In Lake Michigan in waters less than 150
feet (25 fathoms) deep outside the northern chub fishing zone, a licensee may
use gill nets of 2 1/2 to 2 3/4 inch stretch measure only if the gill
nets do not exceed 18 meshes in depth.
d. In Green Bay, or within the northern chub
fishing zone, or in waters 150 feet (25 fathoms) deep or deeper in Lake
Michigan, gill nets of 2 1/2 to 2 3/4 inch stretch measure may be
used only if the gill nets do not exceed 60 meshes in depth.
6. 'Gill nets of 4 to 4 1/2
inch stretch measure in southern Green Bay.' A licensee may use gill nets with
a mesh size of not less than 4 inch and not more than 4 1/2 inch stretch
measure in southern Green Bay under all of the following conditions and in
accordance with subd. 9.:
a. Gill nets of 4 to
4 1/2 inch stretch measure may be used only in water less than 30 feet (5
fathoms) deep.
c. Gill nets of 4 to
4 1/2 inch stretch measure may be used only from May 20 to March 9, except
that these gill nets may not be used during the closed season for
whitefish.
d. Gill nets of 4 to 4
1/2 inch stretch measure may not be more than 30 meshes in
depth.
7. 'Gill nets
greater than 4 1 / 2 inch stretch measure to 6 1 / 2 inch stretch measure.' A
licensee may use gill nets with a mesh size greater than 4 1/2 inch and
not more than 6 1/2 inch stretch measure under all of the following
conditions and in accordance with subd. 9.:
a. Gill nets of this size may be used in
those waters of Lake Michigan lying north of a line extending from the
mid-channel marker buoy of Bailey's Harbor on 135° bearing.
b. Gill nets of this size may be used in
Green Bay.
c. Gill nets of this
size may only be used during the open season for whitefish.
d. Gill nets of this size may not exceed 30
meshes in depth for one-half of the total length of these nets set at any time
by a licensed commercial fisher, and the remaining half may not exceed 50
meshes in depth.
8. 'Gill
nets greater than 6 1/2 inch stretch measure.' A licensee may use gill
nets with a mesh size greater than 61/2 inch stretch measure under all of
the following conditions and in accordance with subd. 9.:
b. Gill nets of this size may be used only
during the open seasons for whitefish and yellow perch.
c. Gill nets of this size may not be more
than 12 meshes in depth.
9. 'Total gill net length with gill nets of 4
inch or larger stretch measure.' A licensee may use gill nets with a mesh size
of 4 inch or larger stretch measure. The total length of gill nets used under
each license may not exceed 12,000 feet at any one time.
10. 'Gill net lifting requirements.' A
licensee shall lift all gill nets within the following time intervals:
a. Once every 24 hours in open water less
than 150 feet (25 fathoms) deep for all mesh sizes in Green Bay.
am. Once every 24 hours in open water less
than 150 feet (25 fathoms) deep for mesh sizes greater than 2 3 / 4 inch
stretch measure in Lake Michigan.
b. Once every 120 hours in open water 150
feet (25 fathoms) deep or deeper for mesh sizes of 2 3/4 or less inch
stretch measure in Lake Michigan.
c. Once every 48 hours in commercial ice
fishing.
d. Once every 120 hours in
open water less than 150 feet (25 fathoms) deep for mesh sizes of 2 3/4
inch or less stretch measure in Lake Michigan.
(b)
Entrapping nets.
1. A licensee may use drop nets and fyke nets
under all of the following conditions:
a. A
licensee may only use drop nets and fyke nets during the open season for yellow
perch, except by permit issued under s.
NR 25.10 (4).
b. The licensee may use up to 30 drop nets or
fyke nets in aggregate under each license, as measured by the number of pots or
cribs allowed.
c. The licensee
shall lift drop and fyke nets a minimum of once every 72 hours.
2. A licensee may use pound nets
and trap nets under all of the following conditions:
a. Only when the pot or crib is set, placed
or operated in water not more than 150 feet (25 fathoms) deep, except from June
29 to Labor Day south of a line extending from the Lake Michigan shoreline
along 44º52'30" north latitude where the entire net, including the lead,
is set, placed or operated in water not more than 150 feet (25 fathoms) or less
than 60 feet (10 fathoms) deep.
b.
From the day following Labor Day to June 28, the licensee may use no more than
12 pound nets and trap nets in aggregate under each license, as measured by the
number of pots or cribs, except in southern Green Bay as described under s.
NR 25.102. From June 29 to Labor Day in the waters of
Lake Michigan lying south of a line extending from the Lake Michigan shoreline
along 44º52'30" north latitude, the licensee may use no more than 3 pound
nets and trap nets in aggregate under each license, as measured by the number
of pots or cribs, while north of this line the licensee may use no more than 12
pound nets and trap nets in aggregate under each license.
c. The licensee shall lift nets under this
subdivision a minimum of once every 120 hours.
d. Each net shall have the fish holding or
pot portion rendered inoperable during the closed season for whitefish and
shall have the webbing removed from the water within 14 days after the close of
the whitefish season.
e. From June
29 through Labor Day, a licensee may not use pound nets or trap nets in Lake
Michigan between 44º52'30" north latitude and 44º08'55" north
latitude, between 44º05'33" north latitude and 43º40'50" north
latitude, and south of 43º34'39" north latitude. Unless the department has
granted an extension of time, the licensee shall remove the webbing of each
pound net and each trap net from the water by June 28 and may not reinstall it
until the day after Labor Day. If adverse weather conditions or unanticipated
equipment problems prevent removal of the webbing by June 28, a licensee may
request and the department may grant a brief extension of time sufficient to
allow safe removal. See map for details.
f. The
licensee shall mark each pound or trap net with 2 flags, one above the other,
on a single staff attached to the inside or shallow lead end of the net, one
flag on a staff attached to the pot or lifting buoy, one flag on a staff
attached to the anchor at the outward end of the king line, and one float
measuring a minimum of 5 inches in diameter attached to the anchor at the
outward end of each net wing. All staffs shall be marked with reflective tape.
All flags shall measure not less than 9 inches high by 18 inches wide and shall
be displayed so that the top edge of the flag is not less than 5 feet above the
water, except that the lower of 2 flags on one staff shall be displayed so that
the bottom edge is not less than 3 feet above the water. Two flags displayed on
one staff shall be separated by not less than 6 inches. All floats and all
flags required under this subd. 2. f. except the flag attached to the king line
anchor shall be of a highly visible color commonly referred to as hunter orange
or blaze orange with a color range between 595 nm and 605 nm. The flag attached
to the king line anchor shall be a dark color other than orange. The license
number or fleet reporting number of the commercial fishing license holder shall
be displayed and maintained in legible, block figures at least 1 inch high on
the bowl of the pot or lifting buoy. Flags are not required October 16 through
April 14.
g. A licensee may use
pound nets and trap nets for legal fish species in Lake Michigan and Green
Bay.
(c)
Seines. A licensee may use seines. Seines shall have a mesh
size of not less than 3 inch stretch measure and shall be at least 75 feet in
length.
(d)
Trawls.
1. In southern Green
Bay north of a line from the southernmost point of Little Tail point to the
Green Bay navigation channel entrance light at 87º5454.1766 west
longitude, 44º39511.0886 north latitude only, a licensee may use trawls
only under the following provisions:
a. The
licensee may only use trawls for taking smelt under s.
NR 25.06 (2)
(c).
b. A licensee trawling under this subdivision
may only use trawls in water more than 65 feet deep.
d. A licensee trawling under this subdivision
shall use diverters with openings no larger than 7/ 8 inch wide.
2. In Lake Michigan, a licensee
may use trawls under all of the following conditions:
a. A licensee may use trawls only in waters
60 feet (10 fathoms) deep or deeper bounded by a line beginning at a point
where 44º 305 north latitude intersects with the Wisconsin shore of Lake
Michigan, then proceeding east along 44º 305 north latitude, to its
intersection with 87º 105 west longitude, then proceeding south along
87º 105 west longitude to its intersection with 44º 10' north
latitude then proceeding west along 44º 10' north latitude to its
intersection with 87º 205 west longitude, then proceeding south along
87º 205 west longitude to its intersection with 43º 505 north
latitude, then proceeding west along 43º 50' north latitude to its
intersection with 87º 405 west longitude, then proceeding north along
87º 405 west longitude to its intersection with 44º 005 north
latitude, then proceeding west along 44º 005 north latitude to the
Wisconsin shore of Lake Michigan and then north along the shore to the point of
beginning. This area can also be described as all of grids 1105, 1205, 1304,
1403 and 1404, and part of grids 1104, 1204, and 1303. See map for details.
b. A
licensee may use trawls for taking smelt as provided in s.
NR 25.06 (2)
(c) except chubs may be harvested during the
trawling season for smelt, subject to s.
NR 25.07 (2)
(a), and whitefish may be harvested subject
to the requirements in this subdivision and s.
NR 25.09 (2m).
c. Beginning July 1, 1991, when used to
harvest smelt in Lake Michigan, diverters with openings no larger than 1 1 / 2
inch wide shall be used.
d. Until
October 31, 2025, whitefish may be taken by trawling from December 1 to August
31 from one hour before sunrise to one hour before sunset. Trawls shall consist
of a head rope height not greater than 45 meters. The wing mesh shall not be
less than 4.5 inches stretch measure. The beginning of the trawl bag where it
attaches to the wing shall not be less than 2 inches stretch measure and not
greater than 4.5 inches stretch measure and shall have a fishing circle not
greater than 250 meshes. The cod end of the trawl bag shall not be less than
4.5 inches stretch measure and shall begin with a fishing circle not greater
than 80 meshes. The net shall be composed of twine material capable of
remaining open under tension. No trawl may be deployed for longer than one hour
per drag, measured from the time the trawl door enters the water until the time
the trawl door leaves the water upon retrieval.
e. Any person taking whitefish using a trawl
under this subdivision shall submit commercial fishing reports on whitefish
subject to the requirements in s.
NR 25.13 (2), and on incidental harvest subject to the
requirements in s.
NR 25.13 (2)
(g).
(2m) VIDEO SURVEILLANCE. A licensee taking whitefish using a trawl under sub. (2) (d) 2. shall capture a video record of the on-board activity on any vessel engaged in trawling for whitefish as provided in this subsection. The licensee shall comply with all the video surveillance system requirements in this subsection unless the licensee notifies the department of a system malfunction as described in subd. 3. The video record shall be made by using a video surveillance system that complies with all of the following requirements:
(a)
1. The system shall consist of not fewer than
two cameras capable of recording video in color and infrared, at not less than
5 frames per second and 470 TV lines resolution. The licensee shall position
one camera to clearly capture the area of the vessel in which fish are emptied
from the bag of the trawl net, and the licensee shall position one camera to
clearly capture the area of the vessel where incidentally caught fish are
measured before being returned to the water. Placement of the cameras is
subject to all of the following:
a. The
licensee shall place a measuring board with visible measuring units in inches
near the bycatch chute, arranged so that each incidentally caught fish passes
across the measuring board in a manner allowing determination of species and
length in view of the camera prior to the fish's return to the water.
b. Upon direction from the department, the
licensee shall reposition any of the cameras if the activities identified in
this paragraph are not visible or are unclear in any video record generated
under this section after being viewed by the department under par.
(c).
2. The video record
generated by the cameras described in subd. 1. shall be recorded on a hard
drive that has memory capacity of not less than 1 terabyte and is capable of
retaining not less than 30 days of video records generated as required under
par. (b), with each frame of the video record stamped with the date and time of
capture.
3. The video recording
system shall be equipped with an audible alarm warning that indicates system
malfunction. If a system malfunction occurs, the licensee shall immediately
cease trawling and shall contact the department within 2 hours of returning to
the dock. Upon restoration of system functionality, the licensee shall notify
the department and shall resume using the system.
(b) The licensee shall activate the video
recording system under par. (a) upon engine ignition each time a vessel is
operated for the purpose of taking whitefish with a trawl and shall provide
that the video recording system remains in operation until the vessel returns
to its dock and the engine is turned off.
(c) The licensee shall maintain all video
records captured under this subsection for 30 days following their recording.
The licensee shall provide the video record to the department upon request
through a wireless internet transmission or with a removable storage
device.
(3) NET OPERATING REQUIREMENT.
(a) Nets do not have to be
lifted on Sunday, except as required by notice issued under s.
NR 25.07.
(b)
The lifting requirements of this section shall apply except during extreme
adverse weather conditions which would place a fisher in danger of serious
injury or death.
(c) Upon finding
that a net has been lost, stolen or is missing, the owner or operator of the
net shall immediately inform the department by notifying a department
conservation warden. A net owner or operator who recovers a lost, stolen or
missing net shall also immediately notify a department conservation warden of
the recovery of the net.
(d) A
commercial fisher who is engaged in fleet reporting shall display the fleet
reporting number issued by the department on the buoys of all nets operated
under the fleet reporting program of s.
NR 25.135 in place of the individual commercial fishing
license numbers.
(e)
1. All gill nets in the water and marked with
a commercial fishing license number or a fleet reporting number shall count
toward the total allowable gill net effort authorized under sub. (1) (am) or
the linear feet of nets authorized under sub. (2) (a) 9.
2. All entrapment gear in the water and
marked with a commercial fishing license number or fleet reporting number shall
count toward the total allowable number of nets under subs. (1) (b) 3. and (2)
(b) 1. b. and 2. b., whether the pots are open or closed.
(f) After setting, moving, replacing, or
recasting a trap net for whitefish in Green Bay or Lake Michigan and before
starting for the dock or shore, the licensee, or a member of the licensee's
crew, shall record all of the following in accordance with s.
NR 25.13 (2)
(at):
1. The
latitude and longitude at which the pot and lead line buoy of the net are
set.
2. A unique name for that trap
net.
(4) NET MESH MEASUREMENT. Whenever the size of mesh of any net is specified in this chapter, the size shall be considered stretch measure.
(a) Stretch measure shall be determined by
exerting a one pound strain on a mesh knot and measuring the mesh opening
immediately above that knot on which the strain is applied from the inside edge
of that knot to the inside edge of the knot directly opposite. Measurement
shall be made by inserting the measuring device at the uppermost knot in the
mesh and reading at the lowermost knot.
(b) The weight and measuring devices to be
used under par. (a) shall be tested, approved and certified by the Wisconsin
department of agriculture, trade and consumer protection, or other governmental
entity authorized to do so.
(c)
Measurement shall be made of meshes in a wet condition.
(d) If the majority of 10 or more meshes
selected at random by the enforcement officer from any part or parts of the net
are found to be illegal, the entire net shall be considered illegal and shall
be seized and held subject to the order of the court.
(5) MOVEMENT OF COMMERCIAL FISHING GEAR.
(a) Except as provided in par. (bm), whenever
any gill net lift, encircling net lift or trawl drag catches illegal fish of
any species in an amount equal to 10% or more by weight or numbers of the total
legal catch, the licensee shall immediately remove the net from the water, and
may not reset, place, replace, recast, or operate the net during that same day
unless:
1. All parts of the net are moved a
distance of at least 3 miles from that site; or
2. Moved to a water depth where no part of
the net is within 30 feet (5 fathoms) in depth of the water depth at which the
catch of illegal fish was made.
(bm) When trawling for whitefish from August
1 to 31 pursuant to sub. (2) (d) 2. d., all of the following requirements
apply:
1. When a single trawl drag catches
illegal fish of any species in an amount equal to 10% or more by weight or
numbers of the total legal catch, the licensee shall immediately remove the
trawl from the water, and may not reset, replace, recast, or operate any trawl
during the same day unless the licensee moves and operates all parts of the
trawl a distance of at least 3 miles from that site or to a water depth where
no part of the trawl operates within 30 feet (5 fathoms) in depth of the water
depth at which the catch of illegal fish was made.
2. Notwithstanding the requirement in subd.
1., when a single trawling vessel catches a daily average of at least 2 lake
sturgeon, or a daily average of 10 to 49.9% by weight of incidental catch of
illegal fish and any whitefish returned to the water, out of the dressed
whitefish reported harvested by weight in a single week from Sunday to
Saturday, the licensee may not reset, replace, recast, or operate any trawl
during the following week unless the licensee moves and operates all parts of
the trawl a distance of at least 6 miles from that site.
3. Notwithstanding the requirements in subds.
1. and 2., when a single trawling vessel catches 3 or more lake sturgeon or
catches more than 50% by weight of incidental catch of illegal fish and any
whitefish returned to the water out of the dressed whitefish reported harvested
by weight in a single day, the licensee shall cease all trawling activities for
the following 3 days.
4. The
following formula shall be used to determine the percentage of incidental catch
of illegal fish out of the reported whitefish harvest for the purposes of
subds. 1. to 3.: [((number of whitefish x 1.37) + (number of lake trout and
other incidentally caught species x 5.86)) / reported whitefish harvest in
pounds] x 100.
Note: Weights are determined for incidental catch based on average fish weights.
(6) LAKE SUPERIOR OPEN WATER PERMIT. The department may issue a permit authorizing the setting of nets from a boat or watercraft in the waters of Lake Superior for specific time periods during the period of January 15 to March 31 if it determines that open water conditions exist and weather forecasts predict that there will be adequate time to recover the nets prior to ice formation.
See the table of Appellate Court Citations for Wisconsin appellate cases citing s. NR 25.09.
Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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