The following restrictions apply to the use of the
specified commercial fishing gear in the indicated areas:
(1) LAKE SUPERIOR.
(a)
Areas restricted to the taking of
rough or detrimental fish and whitefish. No commercial fishing gear of
any kind except nets by permit issued under sub. (4) for the taking of rough or
detrimental fish, or entrapping nets by permit issued under sub. (4) for the
taking of whitefish may be used, set, placed or operated in the following
waters:
1. Allouez bay, Superior bay, and St.
Louis bay, all in Douglas county.
2. All waters within one-fourth mile of the
mouth of any navigable stream flowing into Lake Superior.
3. All waters within one-fourth mile of any
harbor, pier or breakwater from April 15 through November 30.
4. That portion of Chequamegon bay lying
south of a line beginning at the easternmost point of Houghton point in section
27, township 49 north, range 4 west, Bayfield county, then proceeding
northeasterly to the signal light on the western end of Long island in section
13, township 48 north, range 4 west, Ashland county, then along the south or
west shore of Long island and on across the cut, if present, along the south or
west shore of Chequamegon point to where Chequamegon point joins the mainland
in section 1 or 12, township 48 north, range 3 west, Ashland county.
(b)
Areas restricted to
the taking of rough or detrimental fish only. No commercial fishing
gear of any kind except nets by permit issued under sub. (4) for the taking of
rough or detrimental fish may be used, set, placed or operated in the following
waters:
1. 'Saxon Harbor.' All waters bounded
by a line beginning at the mouth of Graveyard creek in section 3, township 47
north, range 1 west, extending north to the Gull Island Shoals refuge south
boundary as described in s.
NR 26.02, then east to the Wisconsin-Michigan state line,
then southerly along the state line to the shore at the mouth of the Montreal
river in section 7, township 47 north, range 1 east, all in Iron county, except
from November 15 through December 15 in water 84 feet (14 fathoms) deep or
deeper, when and where gill nets with a mesh size of not less than 2 1/2
inch and not more than 3 inch stretch measure may be used for taking
cisco.
2. 'Siskiwit Bay.' That
portion of Siskiwit bay lying south of a line extending from Roman (Quarry)
point in section 29, township 50 north, range 6 west, to Squaw point in section
22, township 50 north, range 6 west, all in Bayfield county.
3. 'Sand Cut.' All waters bounded by a line
beginning at the Chequamegon Point light on the western end of Long island in
section 13, township 48 north, range 4 west at 46°435126N, 90°485106W,
then extending northeasterly to the southernmost point of Madeline island in
section 6, township 49 north, range 4 west at 46°455096N, 90°345086W,
then due east 2.5 miles to 46°455116N 90°445056W, then due south 1 mile
to 46°445226N 90°445056W, then due east to 46°445226N
90°365066W, then due north to 46°455116N 90°365066W, then due east
to the western boundary of Gull Island Shoals refuge as described in s.
NR 26.02, then southerly along the refuge boundary to
latitude 46°405006N at 90°375156W, then due west to the mainland
shoreline commonly known as Long Island, then northwesterly along the shoreline
to the point of beginning, all in Ashland county, except waters within 11D2
miles of the mainland shoreline in Ashland county. No person may fish with
entrapment nets in waters starting at 46°455116N 90°445056W, then due
south 1 mile to 46°445226N 90°445056W, then due east to 46°445226N
90°365066W, then due north to 46°455116N 90°365066W, then due west
to the starting coordinates of 46°455116N 90°445056W.
4. 'Iron River to Cranberry River.' All
waters less than 72 feet (12 fathoms) deep lying between a point extending due
north from the mouth of the Iron river in section 34, township 50 north, range
9 west, and a line extending due north from the mouth of the Cranberry river at
Herbster in section 5, township 50 north, range 7 west, all in Bayfield county
except float nets described in s.
NR 25.09 (1) (ah)
3. may be fished from October 15 to December
31, a minimum distance of 1/2 mile from shore.
5. 'Minnesota boundary to Iron River.' All
waters less than 210 feet (35 fathoms) deep lying between a line extending due
north from the mouth of the Iron river in section 34, township 50 north, range
9 west, Bayfield county, and the Wisconsin-Minnesota state line, except all
waters more than 90 feet (15 fathoms) deep lying between a line extending due
north from the mouth of the Iron river and a line extending due north from the
mouth of the Bois Brule river in section 10, township 49 north, range 10 west,
Douglas county, where gill nets with a mesh size of 3 inches or less stretch
measure may be used from November 15 through December 31.
6. 'Cranberry River to Bark Point.' All
waters less than 72 feet (12 fathoms) deep lying between a line extending due
north from the mouth of the Cranberry river at Herbster in section 5, township
50 north, range 7 west, and a line extending due north from the northernmost
point of Roman (Quarry) point in section 29, township 51 north, range 6 west,
all in Bayfield county.
9. 'Outer
Island.' Those waters less than 35 fathoms lying north of latitude
46°595186N refuge line, in grids 1212, 1312 and east of longitude
90°255006W and south of latitude 47°055006N in grids 1311 and
1211.
10. 'Bark Bay.' That portion
of Bark bay lying southwesterly of a line beginning at Roman (Quarry) point and
extending northwesterly to Bark point in section 24, township 51 north, range 7
west, all in Bayfield county, which shall be open for gill nets from April 1
through May 31 and for entrapment nets only from June 1 to September
30.
(c)
Van
Tassells Point. No commercial fishing gear of any kind except by
permit issued under sub. (4) for the taking of whitefish only from June 1 to
August 15 may be used, set, placed or operated in the following waters: the
area from the easterly most tip of Houghton Point, section 27, township 49
north, range 4 west, Bayfield county, northerly along the shoreline to the
entry to the city of Bayfield marina, then easterly to Point Defroid on
Madeline island, section 30, township 50 north, range 3 west, Ashland county,
then southerly along the western end of the island to the tip of Grants Point,
section 6, township 49 north, range 3 west, Ashland county, then southerly to
Chequamegon Point on the western tip of Long island, section 13, township 49
north, range 4 west, Ashland county, thence southwesterly to the eastern tip of
Houghton Point, except that float nets as described in s.
NR 25.09 (1) (ah)
3. may be fished, bottom set gill nets of not
less than 4 7/16 inch minimum stretch measure may be fished from November 28 to
March 31 of the following year north of latitude 46° 455006N at a minimum
depth of 19 fathoms, gill nets of not greater than 1 3/4 inch stretch measure
may be fished for smelt and cisco under the ice, but must be at least 1/2 mile
from the mouth of any trout stream, and entrapment gear for smelt may be
allowed by permit from ice out to May 15. Commercial trap nets operated under
permits issued under sub. (4) for the restricted area described in this
paragraph, but not including the exception for float nets as described in s.
NR 25.09 (1) (ah)
3., shall be limited to a maximum of one per
commercial fishing license and may not be set within the following waters: the
area from 46°445016N 90°505006 then southeast to 46°435006N
90°495006W then southwest to 46°425006N 90°505006W then northwest
to 46°435016N 90°505026W then northeast to 46°445006N
90°505006W. All commercial fishing gear operated under permits issued under
sub. (4) for the restricted area described in this paragraph, but not including
the exception for float nets as described in s.
NR 25.09 (1) (ah)
3., shall have the fish holding pot portion
rendered inoperable after August 15 and shall have the webbing removed from the
water on or before August 18.
(d)
Shoreline areas. Fishing within these areas is subject to the
following restrictions:
1. 'Red Cliff
shoreline.' No person may place or operate entrapment nets within 1D2 mile of
shore on the westernmost boundary at 46°555086N, 90°595376W, extending
along the 22.6-mile reservation shoreline to the southernmost boundary at
46°505456N, 90°47517W.
2.
'Bad River shoreline.' No person licensed by the state or the Red Cliff band
may commercially fish within an area, the boundary of which begins at
46°435546N 90°485276W, then northeast in a line to 46°445166N
90°485076W along the eastern boundary of Van Tassell's restricted area
described in s.
NR 25.10 (1)
(c), then east to 46°435276N
90°455526W at a distance of 1D2 mile from the shoreline, then continuing
east at a distance of 1 1D2 miles from the shoreline to the eastern boundary of
the Bad River Reservation. To accommodate a 3D4-mile safe zone of passage
within the Sand Cut Restricted Area, the far northwestern corner of the 1
1D2-mile-wide portion of Bad River shoreline area is bounded by an arc between
the points 46°435546N 90°455266W and 46°435516N
90°445376W.
3. 'Madeline Island
Reservation shoreline.' No person may place or operate entrapment nets in an
area starting at the westernmost corner of the Trust parcel, extending due
north 1 1D2 mile to 46°525566N 90°355226W and continuing along a 1 1D2
mile contour of the island to a maximum easterly boundary of 46°505566N
90°325156W then circling southwest at a maximum southerly boundary of
46°495276N 90°345266W then due north to the
island.
(2)
LAKE MICHIGAN AND GREEN BAY.
(a) No
commercial fishing gear of any kind except nets by permit issued under sub. (4)
for the taking of rough or detrimental fish, or entrapping nets by permit
issued under sub. (4) for the taking of whitefish may be used, set, placed or
operated in the following waters:
1. Bailey's
harbor, Detroit harbor, Eagle harbor, Egg harbor, Fish Creek harbor, Jackson
harbor, Little Sturgeon bay, Moonlight bay, North bay, Riley's bay, Rowley's
bay, Sawyer harbor, Sturgeon bay, Washington harbor and West harbor, all in
Door county and as described in s.
29.417, Stats.
2. All waters within one-half mile of any
harbor, pier or breakwater in Door, Kewaunee, Manitowoc or Sheboygan
counties.
3. All waters within
one-fourth mile of the mouth of any navigable stream flowing into Lake Michigan
or Green Bay.
4. All waters within
one-fourth mile of the shoreline in Door, Kewaunee, Manitowoc and Sheboygan
counties.
5. That portion of
southern Green Bay bounded by a line beginning at 87°35 2W longitude
44°51.029 N latitude, then proceeding northeasterly 7.75 statute miles on a
54° bearing through the Sherwood Point shoal signal buoy and 0.37 statute
miles beyond to latitude 44°55 2N, then due east on a 44°55 2 bearing,
2.75 statute miles to the shoreline in section 12, township 28 north, range 25
east, all in Door county.
6. That
portion of southern Green Bay lying north or east of a line beginning at the
south end of Ogden street in the city of Marinette in section 9 at
N45°05.0495, W87°35.8105, and running southeasterly to the most
southern point of Seagull bar in section 15 at N45°04.154, W87°34.5365,
then along the north or east shoreline of Seagull bar to the Red Arrow park
public boat landing located in section 9 at N45°05.2335, W87°35.2255,
all in township 30 north, range 24 east, Marinette county.
Note: All latitude and longitude coordinates
are expressed in degrees and minutes.
7. That portion of southern Green Bay lying
south and west of a line beginning at the southern side of the base of Long
Tail point in section 24, township 25 north, range 20 east at N44°37.5585,
W88°00.5755, and following the south or west shore of Long Tail point to
its southernmost point at N44°35.1265, W87°58.9085, then easterly to
where the navigation channel intersects latitude 44º 355N, then
southwesterly along the west side of the navigational channel, as marked, for
3.5 statute miles to the Wisconsin public service Pulliam plant outlet at
N44°32.3635, W88°00.3955 on the west bank of the Fox river in section
19, township 24 north, range 21 east, all in Brown county.
Note: All latitude and longitude coordinates
are expressed in degrees and minutes.
8. That portion of southern Green Bay lying
south or east of a line beginning at the mouth of Renard creek located in SW
1/4 NW 1/4, section 21, township 26 north, range 23 east at N44°42.8375,
W87°43.2515, Door county, and running southwesterly to the east end of the
concrete sea wall located at the end of Point Comfort road in SW 1/4 SE 1/4,
section 20, township 25 north, range 22 east, Brown county at N44°37.1805,
W87°51.3075.
Note: All latitude and longitude coordinates
are expressed in degrees and minutes.
9. Fox river including all connected sloughs,
bayous, and tributaries from the DePere dam downstream to its mouth lying south
of a line beginning at the Wisconsin public service Pulliam plant and running
easterly across the Fox river to the outlet of the Green Bay metropolitan
sewerage district plant outfall, all in Brown county.
(b) No commercial fishing gear of any kind
except entrapping nets authorized by permit issued under sub. (4) for the
taking of rough or detrimental fish, perch, whitefish or menominee may be used,
set, placed or operated in the waters of Lake Michigan lying south of a line
extending from the mid-channel marker buoy of Baileys Harbor on a 135°
bearing, and north of a line extending east from the entrance of Kewaunee
harbor at N44°27.4595, W87°29.5225 to its intersection with a line that
follows the 45 fathom (270 feet) depth contour, then proceeding north along
that 45 fathom (270 feet) depth contour to its intersection with 44°325
north latitude, then proceeding east along 44°325 north latitude to the
Wisconsin-Michigan state line, except as provided under pars. (c), (d), (f) and
(g).
Note: All latitude and longitude coordinates
are expressed in degrees and minutes.
(c) No commercial fishing gear of any kind
may be used, set, placed or operated in all waters bounded by a line beginning
at the outer end of the north pier at Algoma at N44°36.4055,
W87°25.7695 and proceeding along the north side of that pier to the shore
of Lake Michigan, then proceeding north along the shore to its intersection
with 44°525306 north latitude, then proceeding east along 44°525306
north latitude to its intersection with a line extending from the mid-channel
marker buoy of Baileys Harbor on a 135° bearing, then proceeding on a line
bearing 135° to its intersection with the Wisconsin-Michigan state line,
then proceeding south along the Wisconsin-Michigan state line to its
intersection with a line extending east from the outer end of the north pier at
Algoma at N44°36.4055, W87°25.7695, then proceeding west along that
line to the point of beginning.
Note: All latitude and longitude coordinates
are expressed in degrees and minutes.
(d) Gill nets not to exceed 18 meshes deep
only for yellow perch and menominees authorized by permit under sub. (4) may be
used in waters of Lake Michigan lying between a line extending east along
44°555506 north latitude from the Lake Michigan shoreline and a line
extending from the mid-channel marker buoy to Baileys Harbor on a 135°
bearing.
(f) No commercial fishing
gear of any kind except pound nets authorized by permit under sub. (4) for the
taking of whitefish and rough or detrimental species may be used, set, placed
or operated in the waters of Lake Michigan in depths less than 45 fathoms (270
feet) deep in the area between a line extending east from the end of the north
pier at Algoma at N44°36.405 2, W87°25.769 2 and a line extending east
from the entrance of Kewaunee harbor at N44°27.459 2, W87°29.500
2.
(g) Except as provided under
par. (a) 2., no commercial fishing gear of any kind may be used, set, placed or
operated in any waters within one-half mile of any harbor, pier or breakwater
in Green Bay or Lake Michigan.
(h)
No commercial fishing gear of any kind may be used, set, placed or operated in
any waters within one-half mile of the shoreline of Kenosha, Milwaukee, Ozaukee
or Racine county.
(i) No commercial
fishing gear of any kind may be used, set, placed or operated in all waters
bounded by a line beginning at a point where 43 degrees 7 minutes north
latitude and 87 degrees 40 minutes west longitude intersect, northerly to 43
degrees 20 minutes north latitude, easterly to 87 degrees 20 minutes west
longitude, northerly to 43 degrees 30 minutes north latitude, easterly to the
Wisconsin-Michigan state line, southerly along the Wisconsin-Michigan state
line to 43 degrees north latitude, westerly to 87 degrees 14 minutes west
longitude, northerly to 43 degrees 3 minutes north latitude, westerly to 87
degrees 18 minutes, southerly to 43 degrees north latitude, westerly to 87
degrees 23 minutes west longitude, northwesterly to 43 degrees 7 minutes north
latitude, and westerly to 87 degrees 40 minutes west longitude.
Note: This closed area encompasses the
elevated areas of the lake bed commonly known as the Sheboygan reef, the
Northeast reef, the Milwaukee reef, and the East reef and can be further
described as the northern third of grid 1903, the northeastern two thirds of
grid 1904, all of grid 1905 except a rectangular area along its southern
border, all of grids, 1705, 1803, 1804 and 1805, and those portions of grids
1706, 1806 and 1906 in Wisconsin waters as shown on the following map.
See PDF for
diagram
(3) FISH REFUGES-OUTLYING WATERS. No
commercial fishing gear of any kind may be used, set, placed or operated at any
time in or on those water areas in Lake Superior, Lake Michigan and Green Bay
as described in Ch. NR 26.
(4)
RESTRICTED AREA PERMITS. Permits allowing commercial fishing in restricted
areas as described in subs. (1) and (2), or as required in s.
NR 25.09 will be issued as follows:
(a)
Application criteria and
procedure.
1. Applicants shall be
licensed commercial fishers, or have contracts for the harvest of rough fish
from outlying waters issued under s.
29.417 or
29.421, Stats.
2. Applications shall be made on forms
provided by the department and shall contain all information required by the
department on the form, at least one week prior to commencing fishing
operations, unless otherwise authorized.
3. A permit shall be issued to an applicant
meeting the criteria in this paragraph, unless the department denies the
application under par. (b) in writing, within 6 business days of receipt of the
application.
4. Permits shall be
reapplied for at least once each license year. The permit period may not extend
beyond the end of the license year.
(b)
Denial, revocation or temporary
suspension of permits.
1. The
department may deny, revoke, or temporarily suspend a permit applied for or
issued under this subsection in whole or in part, as resource management
requires, if one or more of the following conditions exists or are likely to
occur:
a. Damage to fish habitat.
b. Excessive incidental catch of illegal
fish, as defined in s.
NR 25.09 (5).
c. Spawning concentrations of illegal
fish.
d. Concentrations of recently
stocked fish.
e. Concentrations of
immature fish.
f. Presence of
protected or endangered plants or animals as listed in ch. NR 27.
g. Mortality of illegal fish resulting from
capture in commercial fishing gear greater than or likely to be greater than
10% of the weight or number of the legal catch.
2. The department shall give notice of a
denial, suspension, or revocation pursuant to provisions of s.
227.51 (3),
Stats. Any telephonic notice of suspension shall be promptly confirmed in
writing.
3. Any suspension
exceeding 7 days shall be reviewed and approved by the department's district
director, or their designee, within the first 6 business days of the suspension
period. Any revocation, or suspension in excess of 25 days, shall be reviewed
by the office of the secretary, or its designee, with opportunity for the
permittee to be heard. The revocation or suspension shall be reviewed within 10
business days of receipt of the permittee's request for opportunity to be
heard. A permittee is not required to request to be heard by the office of the
secretary prior to seeking judicial review.
Note: District directors are now known as
regional directors.
4. A
denial, suspension, or revocation of a permit under this paragraph shall not
bar an otherwise qualified applicant from applying for permits for other
locations.