NR 19.057(4)
(4) No bait dealer may possess farm-raised fish while engaged in the harvest of wild bait, or while transporting wild harvested bait from the water where it was harvested to the bait dealer's business location or from the water where it was harvested to the point of sale.
NR 19.057(5)
(5) The department may issue a wild harvest permit that is valid for the dates specified on the permit if the permit is for the harvest of minnows from a water of the state stocked with minnows by the applicant pursuant to a stocking permit under s.
29.736, Stats., or for the harvest of minnows from a lake stocked with minnows by the applicant pursuant to a permit for private management under s.
29.737, Stats. The department may issue a wild harvest permit under this section in conjunction with a stocking permit or a permit for private management.
NR 19.057 History
History: Emerg. cr. eff. 11-1-07;
CR 07-074: cr.
Register May 2008 No. 629, eff. 6-1-08;
CR 23-053: am. (1), cr. (1m), am. (2) (intro.), cr. (2m), renum. (3) to (3) (a) and am., cr. (3) (b) to (d), am. (5) Register April 2024 No. 820, eff. 5-1-24. NR 19.0575
NR 19.0575
White sucker spawning permit required. NR 19.0575(1)(1)
No bait dealer may take the eggs or milt from white suckers caught from any inland or outlying water for the purpose of rearing the offspring as bait unless the bait dealer is 18 years of age or older and possesses a white sucker spawning permit from the department. The permit holder shall comply with all terms and conditions of the permit. Permits shall expire on December 31 each year. The bait dealer shall include all of the following information on the permit application:
NR 19.0575(1)(b)
(b) The bait dealer's license number or department customer identification number.
NR 19.0575(1)(c)
(c) The types and quantities of harvest gear to be used in each waterbody to collect white suckers for egg or milt harvest.
NR 19.0575(1)(d)
(d) The volume in quarts of white sucker eggs, milt, or both that the bait dealer is requesting to harvest from each waterbody.
NR 19.0575(1)(e)
(e) The waters where the bait dealer will harvest the white sucker eggs or milt.
NR 19.0575 Note
Note: “
White sucker” refers to the species Catostomus commersonii.
NR 19.0575 Note
Note: See s.
NR 20.14 for general minnow collection restrictions, s.
NR 20.20 for county and statewide restrictions on waters, authorized methods, open season, size limits, bag limits and other restrictions, and s.
29.401, Stats., for gear use restrictions.
NR 19.0575(2)
(2) The department may issue a white sucker spawning permit under this section if it determines that all of the following criteria are met, and may set specific conditions in the permit or deny applications when necessary to ensure compliance with this section, prevent or control the spread of viral hemorrhagic septicemia virus or invasive species, and maintain a supply of suckers that is sufficiently adequate to replenish the population and sustain ecosystem function in the water of harvest:
NR 19.0575(2)(a)
(a) The applicant is a bait dealer who holds a bait dealer's license or is exempt under s.
29.509 (3), Stats., from the requirement to hold a bait dealer's license.
NR 19.0575(2)(b)
(b) The eggs or milt will not be collected from white suckers in Lake Michigan, Green Bay, Lake Superior, the Mississippi River, Lake Winnebago, the Fox River from Lake Winnebago to Green Bay, or any bay, slough or backwater of these waters, or any water connected to these waters upstream to the first dam or other obstruction impassable to fish, or from any other water where the department has reason to believe that viral hemorrhagic septicemia virus may be present or where other invasive species may be present.
NR 19.0575(3)
(3) The permit holder shall notify the department, in the manner specified by the department, at least 12 hours in advance of white sucker collection for the purpose of egg or milt harvest and shall provide all of the following information:
NR 19.0575(3)(d)
(d) The names of any employees operating under the permit holder's sucker harvest permit.
NR 19.0575(4)
(4) The permit holder shall comply with all of the following restrictions:
NR 19.0575(4)(b)
(b) Nets may not be attended, set, or lifted from one hour after sunset to one hour before sunrise.
NR 19.0575(4)(c)
(c) The permit holder may not use or possess hook and line fishing gear while engaged in operations under the authority of the permit.
NR 19.0575(4)(d)
(d) The permit holder and all employees working under the direction of the permit holder shall carry a current, valid copy of the white sucker spawning permit while conducting egg and milt harvesting activities.
NR 19.0575(5)
(5) The permit holder or employees working under the direction of the permit holder shall immediately return unharmed to the water all fish other than white suckers captured in sucker harvest gear. All suckers from which eggs or milt are collected shall be returned unharmed to the water immediately following egg or milt collection, unless the permit holder has been issued a wild bait harvest permit for that waterbody and keeps the suckers as authorized under the wild bait harvest permit. All dead suckers removed from the harvest gear shall be disposed of away from the water, bank, or shore of the waterbody.
NR 19.0575(6)
(6) The permit holder or employees working under the direction of the permit holder shall disinfect all sucker harvest gear and transport equipment after use to prevent the spread of viral hemorrhagic septicemia virus and other invasive species.
NR 19.0575(7)
(7) The permit holder or employees working under the direction of the permit holder shall decontaminate all eggs harvested within 24 hours of harvest.
NR 19.0575(8)
(8) The permit holder shall maintain clear, legible daily records in the English language on forms available from the department of the total volume of eggs harvested per waterbody. The record shall include the waterbody of origin of the white suckers from which the eggs or milt were harvested, the nearest road crossing or latitude and longitude to where the white sucker eggs or milt were harvested, the number of white suckers collected in all gear per waterbody that day, the date of harvest, and any other information required on the record form. The permit holder shall submit the records to the department within 7 days following harvest. The permit holder shall retain all harvest records for a period of 2 years.
NR 19.0575 History
History: CR 23-053: cr. Register April 2024 No. 820, eff. 5-1-24. NR 19.058
NR 19.058 Sport trolling. No operator of a boat may engage in trolling, as defined in s.
NR 20.03 (40), with the use of downriggers on outlying waters, as defined in s.
29.001 (63), Stats., without direct and immediate access to a wire cutter or other hand-held device on board capable of immediately severing any fishing line or cable being used in the water behind the boat.
NR 19.058 History
History: CR 12-022: cr.
Register May 2013 No. 689, eff. 6-1-13.
NR 19.06(1)(1)
It shall be unlawful for any person or persons to take, catch or kill fish or fish for fish of any species when such fish are being held in any fish net, fish holding net, fish trap, fish pond, either artificial or natural, or any structure or net placed in any of the waters of the state by the department or under its authority for the purpose of taking or holding fish therein at any time, or for any person or persons to lift, molest, cut or destroy any fish net, fish holding net, fish trap, fish pond, or any structure or net placed in any of the waters of the state by the department or under its authority for the purpose of taking or holding fish therein.
NR 19.06(2)
(2) It shall be unlawful for any person or persons to take, catch, capture or kill fish or pursue fish in any fishing operations within 500 feet above or 500 feet below any net, dam or weir wherein the state of Wisconsin is fishing or holding fish for commercial, scientific, or biological purposes, when the area is properly posted by the department.
NR 19.06(3)
(3) No provisions in this section shall prohibit the department, its agents, deputy conservation wardens or representatives of the division of fish, game and enforcement of such department from taking any of the fish mentioned in any of the sections of this order at any time or from lifting, setting, or transferring any nets or structures used in holding or capturing fish, wherein they deem it advisable and necessary to promote the department fish management program.
NR 19.06 History
History: 1-2-56; am. (1),
Register, December, 1960, No. 60, eff. 1-1-61; am. (1),
Register, December, 1961, No. 72, eff. 1-1-62; renum. from WCD 19.06 to be NR 19.06 and am. (1), (2) and (3),
Register, April, 1971, No. 184, eff. 5-1-71.
NR 19.07
NR 19.07
Commercial fishing studies on inland, outlying, and boundary waters. The department may authorize commercial fishing studies, pursuant to s.
23.09 (2) (h) and
(k), Stats., that contribute to increased, useful scientific knowledge of fisheries management and that may include one or more participating commercial fishing licensees. The department may authorize a commercial fishing study to be conducted at a time, in a location, or using a gear type for which commercial fishing is otherwise restricted by department rules.
NR 19.07 Note
Note: Nothing in this section precludes a commercial fishing licensee operating under s.
29.519 (1m) or
(4),
29.523 (1),
29.526 (1),
29.529,
29.531, or
29.533, Stats., and operating under the rules and regulations of chs.
NR 20,
21,
22, or
25 from conducting independent research on their own commercial fishing practices and commercial harvest.
NR 19.07 History
History: CR 21-058: cr.
Register March 2022 No. 795, eff. 4-1-22; correction made under s.
35.17, Stats.,
Register March 2022 No. 795.
NR 19.09
NR 19.09
Wild rice conservation. NR 19.09(1)(a)
(a) No person may remove or destroy by hand, mechanical or chemical means wild rice growing in navigable lakes unless the department has approved the removal or destruction under par.
(b).
NR 19.09(1)(b)
(b) In addition to harvest in accordance with s.
29.607, Stats., and subs.
(2) to
(8), the department may authorize by written approval the removal of wild rice growing in navigable lakes upon a finding that:
NR 19.09(1)(b)1.
1. The wild rice resource in the navigable lake will not be substantially affected. The department may consider cumulative effects of an approval on such a lake under this paragraph; and
NR 19.09(1)(b)2.
2. The removal or destruction is necessary to allow reasonable access to the lake by the riparian owner.
NR 19.09(1)(c)
(c) Persons requesting an approval under this subsection, shall apply on department forms and provide information requested by the department.
NR 19.09 Note
Note: The forms may be obtained from department regional offices.
NR 19.09(2)
(2) A closed season is established for the harvesting or gathering of wild rice in the following described areas at all times except as hereinafter provided and it is unlawful for any person to harvest or gather wild rice in any manner or at any time during such closed season.
NR 19.09(3)
(3) The secretary is authorized and directed, after determining by investigation and study that the wild rice is ripe, to designate the open season for harvesting or gathering wild rice in each of the areas described in sub.
(4). The open season in any area may continue in effect for not more than 60 days. The open season in any area as designated by the secretary pursuant to this subsection shall be put into effect by posting of proper notice of the open season on the shores of, and at places of public access to, the lakes and streams in which the open season is effective at least 24 hours before the beginning of the open season.
NR 19.09(4)
(4) There is no closed season for the harvesting of wild rice in any other area of the state of Wisconsin not herein described:
NR 19.09(4)(c)
(c) Burnett county. Clam lake, Briggs lake, Gaslyn lake, Long lake, and Mud lake, town of Oakland.
NR 19.09(4)(d)
(d) Douglas county. Mulligan lake and the state and county owned beds of the Minong Flowage.
NR 19.09(4)(g)
(g) Oneida county. Big lake and Big lake thoroughfare, and Spur lake.
NR 19.09(4)(j)
(j) Vilas county. Allequash lake, Little Rice lake, Nixon lake, Irving lake, Aurora lake, West Plum lake, and Island lake.
NR 19.09(4)(k)
(k) Washburn county. Bear lake, Spring lake, and Tranus lake.
NR 19.09(5)
(5) No person may harvest or gather any wild rice in any area of the state of Wisconsin between sunset and the following 10:00 a.m. central daylight time.
NR 19.09(6)
(6) No person may harvest or gather any wild rice in any navigable lake by the use of any method other than smooth, rounded, wooden rods or sticks not more than 38 inches in length and which are held and operated by hand.
NR 19.09 Note
Note: Section
29.607, Stats., prohibits the use of any mechanical device in any water of the state for harvesting or gathering wild rice.
NR 19.09(7)
(7) No person may harvest or gather any wild rice in any navigable lake by the use of any boat longer than 17 feet or greater than 38 inches in width or by the use of any boat propelled by other than muscular power using only a push-pole or canoe paddle.
NR 19.09(8)(a)(a) All licensed wild rice dealers shall file reports on forms furnished by the department covering the license period with the Department of Natural Resources, Box 7924, Madison, 53707, prior to obtaining a wild rice dealer's license.
NR 19.09(8)(b)
(b) Such reports shall summarize the book records required and shall include the total number of transactions and the total amount of wild rice bought, sold or processed during the period covered by such license.
NR 19.09(9)
(9) Nothing in the provisions of this section shall prohibit authorized agents of the department from harvesting or gathering wild rice in the performance of their official duties.
NR 19.09 History
History: Cr.
Register, July, 1960, No. 55, eff. 8-1-60; r. and recr.
Register, July, 1964, No. 103, eff. 8-1-64; renum. from WCD 19.09 to be NR 19.09 and am. (2), intro. par., (6) and (7),
Register, April, 1971, No. 184, eff. 5-1-71; am. (2) (c), (k) and (m),
Register, November, 1976, No. 251, eff. 12-1-76; am. (5),
Register, April, 1978, No. 268, eff. 5-1-78; am. (1) (c),
Register, December, 1978, No. 276, eff. 1-1-79; r. and recr. (2) (a) to (m), and am. (6),
Register, August, 1979, No. 284, eff. 9-1-79; am. (2m) (c),
Register, September, 1983, No. 333, eff. 10-1-83; emerg. cr. (2m) (aa), am. (2m) (c), (d), (g), (h) and (k), eff. 8-13-84; emerg. am. (3) eff. 8-27-84, cr. (2m) (aa), am. (2m) (c), (d), (e), (g), (h), (k) and (3),
Register, May, 1985, No. 353, eff. 6-1-85; r. (8), renum. (1) to (7) to be (2) to (9) and am. (6) and (7), cr. (1),
Register, August, 1985, No. 356, eff. 9-1-85; am. (3),
Register, July, 1987, No. 379, eff. 8-1-87; am. (3),
Register, July, 1988, No. 391, eff. 8-1-88;
CR 16-037: r. (4) (f)
Register April 2017 No. 736, eff. 5-1-17;
CR 21-103: r. (4) (a), am. (4) (aa) to (d), r. and recr. (e), am. (g), r. (4) (h), r. and recr. (4) (i), am. (4) (j), (k)
Register June 2022 No. 798, eff. 7-1-22; correction in (4) (c), (j), (k) made under s.
35.17, Stats.,
Register June 2022 No. 798.
NR 19.11
NR 19.11
Scientific collectors permits and scientific research licenses. NR 19.11(1)(1)
Definitions. For the purposes of implementing ss.
29.614 and
169.25, Stats., and within this section, the following definitions apply:
NR 19.11(1)(a)
(a) “Qualified natural person" or “person" means any individual complying with s.
29.614, Stats., and this section, not including a corporation, partnership, cooperative, society, association or other organization.
NR 19.11(1)(b)
(b) “Bonafide research program" means planned study and investigation undertaken to discover or establish facts or principles leading to increased, useful scientific knowledge.
NR 19.11(1)(c)
(c) “Useful scientific knowledge" means new information contributing to the long-term well-being of wild animals and their habitats, or providing educational opportunities in the natural sciences.
NR 19.11(2)(a)
(a) Permits not required. Scientific collectors permits are not required for the collection of wild plants, unprotected wild animals taken legally, or wild animals obtained from licensed game farms or fish hatcheries.
NR 19.11(2)(b)
(b) Bird banding. Scientific collectors permits will be required for trapping and banding protected nonmigratory upland game birds.
NR 19.11(2)(c)
(c) Licenses. A person is not required to possess a separate hunting, fishing or trapping license while collecting under a scientific collector permit.
NR 19.11(2)(d)
(d) Endangered species. Endangered or threatened wild animals may be collected only under authority of endangered species permits issued by the department pursuant to s.
29.604, Stats., and ch.
NR 27.
NR 19.11(2)(e)
(e)
Tagging of fish. Scientific collectors permits are required to capture a wild fish, attach a tag to any part of it, and then to release it back into waters of the state, unless the department grants specific written authorization to tag fish for the purposes of a fishing contest.
NR 19.11(3)(a)
(a) Forms. Applications for scientific collectors permits shall be made on application forms provided by the department and include:
