SECTION 3. NR 25.06 (2) (a) is amended to read:
NR 25.06 (2) Lake Michigan and Green Bay. (a) Chubs. The total allowable annual commercial harvest of chubs in Wisconsin waters of Lake Michigan shall be determined by the natural resources board based on recommendations from the department annually by the department on or before December 31 for the following license year.
1. The total allowable commercial harvest for any license year may not exceed 3,600,000 pounds shall equal 25 percent of the Wisconsin Lake Michigan spawning bloater chub biomass or 350,000 pounds, whichever is greatest.
2. No more than 600,000 pounds one-sixth of the total allowable commercial harvest for any license year may be taken in the northern chub fishing zone.
3. No more than 3,000,000 pounds five-sixths of the total allowable commercial harvest for any license year may be taken in the southern chub fishing zone.
4. The department reserves 100,000 pounds three per cent of the total allowable annual commercial harvest of chubs to be used for special assessment.
SECTION 4. NR 25.07 (2) (a) and (am) are repealed and recreated to read:
NR 25.07 (2) NR 25.07(2)(a)(a) Chubs. NR 25.07(2)(a)1.1. A chub fishing permit shall be issued under this subdivision to each applicant who selects the northern chub fishing zone under sub. (3) (d), is a licensed commercial fisher and held a Lake Michigan chub harvest permit for the northern chub fishing zone for the 1985-1986, 1986-1987, or 1987-1988 license year. NR 25.07(2)(a)1m. 1m. A chub fishing permit and individual licensee catch quota shall be issued under this subdivision to each applicant who selects the southern chub fishing zone under sub. (3) (d) and is a licensed commercial fisher. 2. The department shall notify all permittees under subd. 1. who selected the northern chub fishing zone to cease fishing upon receipt of information that 85% of the total allowable commercial harvest in the northern chub fishing zone under s. NR 25.06 (2) (a) 2. has been harvested except that all nets in the water shall be lifted under s. NR 25.09 (2) (a) 10. and the legal fish therein harvested. (am) Chubs; southern fishing zone limitations. All permittees under par. (a) 1m. who select the southern chub fishing zone under sub. (3) (d) shall be subject to the following limitations: NR 25.07(2)(am)1.1. In the southern chub fishing zone, 90% of the total allowable commercial harvest established in s. NR 25.06 (2) (a) 3. shall be allotted among 32 individual licensee catch quotas as a percentage of the total allowable commercial harvest. The individual licensee catch quota allotted to a permittee is calculated using the individual licensee catch quota percentage multiplied by the total allowable commercial harvest established in s. NR 25.06 (2) (a) 3. Note: In 1989, Each individual licensee catch quota was assigned to a permittee based on the reported individual authorized regular season legal chub harvest from April 1, 1981 through December 31, 1982. The permittees reporting the five highest chub harvests were assigned an individual licensee catch quota percentage of 3.94, sixth through tenth highest a percentage of 3.64, eleventh through fifteenth highest a percentage of 3.34, sixteenth through twentieth highest a percentage of 3.04, twenty-first through twenty-fifth highest a percentage of 2.74, twenty-sixth through thirtieth highest a percentage of 2.44, and thirty-first through thirty-second highest a percentage of 2.15. Transfers of full or partial individual licensee catch quotas allowed under s. NR 25.08 since 1982 have resulted in permittees who have full and partial amounts of individual licensee catch quotas. The percentage and resulting poundage transfers are tracked by the department. a. In conjunction with any chub individual licensee catch quota transfer subject to s. NR 25.08, the corresponding percentage of the total allowable commercial harvest, whether in part or whole, shall be transferred. Note: For example, if Permittee A was originally assigned an individual licensee catch quota of 3.94% and half was transferred to Permittee B who already had an individual licensee catch quota of 3.64% and the total allowable commercial harvest was 1,700,000, Permittee A would receive 1.97% of the total allowable commercial harvest (1,700,000 * 0.0197 = 33,490 pounds) and Permittee B would receive 5.61% of the total allowable commercial harvest (1,700,000 * (0.0197+0.0364) = 95,370 pounds).
NR 25.07(2)(am)1.b.b. No individual licensee catch quota allotted to a permittee under subd. 1. may exceed 70,000 pounds until each allotted individual licensee catch quota equals 70,000 pounds. When an individual licensee catch quota allotted to a permittee reaches 70,000 pounds, any additional total allowable commercial harvest shall be divided equally among the remaining individual licensee catch quotas not equaling 70,000 pounds. When all individual licensee catch quotas each equal 70,000 pounds, for a total of 2,240,000 pounds, any further increases shall be divided equally among the individual licensee catch quotas. Quota allotments shall be made in whole pound increments. NR 25.07(2)(am)2.2. In the southern chub fishing zone, 10% of the total allowable commercial harvest established in s. NR 25.06 (2) (a) 3. shall be allotted to permittees who do not receive individual allotted quotas under subd. 1. 3. Any permittee with an individual chub quota allotment under subd. 1. may temporarily transfer, for the remainder of the current license year, all or part of his or her individual chub quota allotment to a person who holds a permit under subd. 2., subject to s. NR 25.08 (intro.), (1), (4), and (5). However, a quota transfer approved under s. NR 25.08 (5) is not valid and may not be fished until the department, acting under subd. 6., has closed the southern chub zone "racehorse" fishery by notifying permittees fishing under subd. 2. to cease fishing; all of the transferee's nets in the water have been lifted and the legal fish in the nets harvested; and one calendar day has passed. NR 25.07(2)(am)6.4. The department shall notify permittees to cease fishing upon receipt of information that 85% of their allotment as established in par. (am) 1. and 2. has been harvested except that all nets in the water shall be lifted under s. NR 25.09 (2) (a) 10., and the legal fish therein harvested. SECTION 6. EFFECTIVE DATE. This rule shall take effect on the first day of the month following publication in the Wisconsin Administrative Register, as provided in s. 227.22 (2) (intro.), Wis. Stats. SECTION 7. BOARD ADOPTION. This rule was approved and adopted by the State of Wisconsin Natural Resources Board on ___________________.
