NR 19.057 Bait dealer's wild harvest permit required; criteria; records required. NR 19.057(1)(1)
No bait dealer may take minnows for use as bait from any inland or outlying water unless the bait dealer possesses a wild harvest permit issued by the department under this section and the bait dealer complies with all terms and conditions of the wild harvest permit. A bait dealer shall apply for a permit on forms available from the department. Applications may be submitted no earlier than 30 days prior to the proposed starting date of harvesting. The department shall act on a complete permit application within 10 business days after receipt, based on the criteria in sub. (2)
. Except as provided in sub. (5)
, permits shall be valid for the dates specified on the permit, not to exceed 30 days, and shall require compliance with all minnow collecting requirements. A complete application shall include the applicant's name, street address, bait dealer's license number if any, the specific water body where bait will be harvested, the town, range and section where bait will be harvested, the species of bait that will be harvested, the maximum quantity of bait expected to be harvested, and any other information required on the application form.
NR 19.057 Note
See s. NR 20.14
for general minnow collecting restrictions, s. NR 20.20
for county and statewide restrictions on waters, authorized methods, open seasons, size limits, bag limits and other restrictions, and s. NR 20.39
for permits authorizing the use of non-standard minnow gear on inland waters.
The department shall grant an application for a wild harvest permit under this section if it determines that all of the following criteria are met, but the department may set specific conditions in permits or deny applications when necessary to ensure compliance with this section and prevent or control the spread of the Viral Hemorrhagic Septicemia virus or other invasive species. By written notice mailed to the permittee's last known address, the department may revoke a permit to ensure compliance with this section or to prevent or control the spread of the Viral Hemorrhagic Septicemia virus or other invasive species.
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.
Minnows may not be taken from 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 impassible to fish, or from any other waters where the department has reason to believe that the Viral Hemorrhagic Septicemia virus may be present, or where other invasive species may be present.
Minnow gear and harvest and transport equipment shall be disinfected after use to prevent the spread of the Viral Hemorrhagic Septicemia virus and other invasive species.
Minnows taken from inland or outlying waters may not be given, sold or bartered to another person unless applicable fish health requirements specified by the department of agriculture, trade and consumer protection in ch. ATCP 10
have been met.
Each permit holder shall maintain a clear, legible daily record in the English language on forms available from the department of all minnows harvested from any inland or outlying water. The record shall include the water body of origin, the town, range and section where harvested, the species harvested, the date of harvest, the quantity or volume harvested, the disposition, except that retail sales to consumers need not be recorded, and any other information required on the record form.
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.
Notwithstanding the 30-day limit in sub. (1)
, the department may issue a wild harvest permit that is valid for the dates specified on the permit, which may exceed 30 days duration, 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
Emerg. cr. eff. 11-1-07; CR 07-074
: cr. Register May 2008 No. 629
, eff. 6-1-08.
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.
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.
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.
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
; 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.
Wild rice conservation. NR 19.09(1)(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)
In addition to harvest in accordance with s. 29.607
, Stats., and subs. (2)
, the department may authorize by written approval the removal of wild rice growing in navigable lakes upon a finding that:
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
The removal or destruction is necessary to allow reasonable access to the lake by the riparian owner.
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.
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.
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.
There is no closed season for the harvesting of wild rice in any other area of the state of Wisconsin not herein described:
(a) Ashland county.
All waters north of highway 2 including outlying waters.
(aa) Barron county.
Bear lake, Beaver Dam lake and Red Cedar lake.
(c) Burnett county.
Bashaw lake, Big Clam lake, Big Sand lake, Briggs lake, Gaslyn lake, Long lake, Mud lake, town of Oakland, Mud lake, town of Swiss, Mud Hen lake, Spencer lake and Trade lake.
(d) Douglas county.
In Allouez Bay in the city of Superior and Mulligan lake.
(e) Forest county.
Atkins lake, Riley lake, Big Rice lake and Wabigon lake.
(g) Oneida county.
Atkins lake, Big lake and Big lake thoroughfare, Gary lake, Little Rice lake, Rice lake and Spur lake.
(h) Polk county.
Balsam Branch, Big Round lake, East lake, Glenton lake, Little Butternut lake, Nye lake, Rice lake and White Ash lake.
(i) Sawyer county.
Musky Bay located in sections 10 and 11, T39N, R9W, on Big Lac Court Oreilles lake.
(j) Vilas county.
Allequash lake, Little Rice lake, Nixon lake, Irving lake, Aurora lake, West Plum lake, Devine lake, West Ellerson lake, Micheys Mud lake, Frost lake, Rice lake, Sand lake and Sugar Bush Chain.
(k) Washburn county.
Bear lake, Gilmore lake, Little Mud lake, Long lake, Mud lake, Nancy lake, Rice lake, Spring lake and Tranus lake.
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.
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
, Stats., prohibits the use of any mechanical device in any water of the state for harvesting or gathering wild rice.
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.
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.
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.
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
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.
Scientific collectors permits and scientific research licenses. NR 19.11(1)(1)
For the purposes of implementing ss. 29.614
, Stats., and within this section, the following definitions apply:
“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.
“Bonafide research program" means planned study and investigation undertaken to discover or establish facts or principles leading to increased, useful scientific knowledge.
“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.
(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.
(b) Bird banding.
Scientific collectors permits will be required for trapping and banding protected nonmigratory upland game birds.
A person is not required to possess a separate hunting, fishing or trapping license while collecting under a scientific collector permit.
(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
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.
Applications for scientific collectors permits shall be made on application forms provided by the department and include:
Such additional information as may be requested by the department.
(b) Narrative proposal.
All permit applications shall be accompanied by a written proposal stating the objectives, justifications, procedures, times and places of collection, application of results and sponsor, if any, of the project described in the application.
Permits shall be issued in the name of the applicant. All agents of the permittee assisting in the permitted collections will be listed on the permit. Separate copies of permits shall be signed and carried by each person named in the permit when that person is acting under it in the absence of the permittee.
(b) Specimen materials.
A permit will be issued for collections yielding preserved specimen materials only when such materials are to be kept in a place and manner where students and the public have access to them. Private collections to be kept in a manner not open to the public will not be approved.
NR 19.11(4)(c)1.1. `Contents.'
Permits will contain conditions deemed necessary by the department to protect the resources of the state and assure use of specimens taken are in compliance with s. 29.614
Permits issued to nonresidents will set forth conditions of removal of specimens from the state.
Permits involving the capture, marking, collection, possession or salvage of migratory birds or parts, nests or eggs of migratory birds will not be issued under this section until the applicant possesses a permit issued by the U.S. fish and wildlife service for that activity.
Permits under this section are not required for banding or marking capture-and-release activities authorized under a permit issued by the U.S. fish and wildlife service.
4. `Size of collections.'
Permits will not be issued which authorize collections endangering the population of animals the collection would draw from, or exceeding the number of animals required to meet the permittee's objectives.
5. `Unprotected species.'
Permits will not be issued for the collection of protected species if unprotected species can be used to accomplish the same purposes.
Living unharmed specimens collected during the course of permitted activities shall be returned to the wild at the point of capture, unless otherwise provided in the permit.