In response to actual tribal harvest, the secretary may raise the daily bag limit or reduce the minimum size limit to the limit specified as appropriate using the percent of the safe harvest level expected to be harvested through the first Sunday in March of the next year as indicated in
. If actual harvest subsequently exceeds the expected harvest level, the daily bag limit or the minimum size limit may be adjusted the following year to reflect actual harvest for that year and harvest goals of the Chippewa Bands for the next year. If a new population estimate is made, the safe harvest level shall be changed accordingly and the secretary may adjust the daily bag limit or minimum size limit according to the percentage of the new safe harvest level that is expected to be harvested as indicated in sub. (1)
, where deemed necessary to remain consistent with the safety factors established under Lac Courte Oreilles v. State of Wis., 707 F. Supp. 1034
(W. D. Wis. 1989). The readjusted daily bag and size limits shall be in effect until the first Sunday in March of the year following the tribal harvest.
Reduced daily bag limits calculated pursuant to this section are individual lake limits and may be combined, but no person may exceed a total daily bag limit of 5 walleyes and no person may possess or have under control more than the possession limit of 10 walleyes.
While fishing any waters with adjusted size or bag limits calculated pursuant to the provisions of this section, no person may possess fish in excess of the bag limit or of any size other than authorized for that water.
Adjustments and readjustments of bag limits and minimum size limits under subs. (1)
shall become effective upon publication of the adjustment or readjustment in the official newspaper in the area affected.
NR 20.36 History
Cr. Register, May, 1999, No. 521
, eff. 6-1-99; CR 02-073
: am. (3) (b), Register 2003 No. 565
, eff. 2-1-03; CR 09-051
: am. (1) (intro.) and (2) Register June 2010 No. 654
, eff. 7-1-10; CR 13-019
: am. (2) Register December 2013 No. 696
, eff. 1-1-14; EmR1511
emerg. am. (1) (intro.), (a), (2), eff. 5-1-15; EmR1609
emerg. am. (1) (intro.), (a), (2), eff. 2-3-16; CR 15-042
: am. (1) (intro.), (a), (2) Register March 2016 No. 723
, eff. 4-1-16.
NR 20.38 Control of detrimental fish.
The department finds, pursuant to s. 29.424 (1)
, Stats., that the following fish species are detrimental in the waters specified. The department may remove them from the waters specified or cause them to be removed, pursuant to ss. 29.421
The department finds that bullheads are detrimental in the following waters:
All waters in Barron, Burnett, Chippewa, Langlade, Lincoln, Marathon, Oneida, Polk, Price, Rusk, Sawyer, St. Croix, Taylor, Vilas, and Washburn counties.
Adams and Juneau counties.
Castle Rock flowage and the Wisconsin river beginning at the Petenwell dam and extending downstream to the Castle Rock dam except for that part of the Yellow river in Castle Rock flowage locally called the Buckhorn area, upstream from the electric power transmission line across the flowage in sections 26 and 35, T17N, R4E, Juneau county.
Beaver Dam lake and the Rock river from hwy. 49 downstream to the dam in Hustisford.
Bass, Frog, Halsey, Long (Forest county), Scout and West Bass lakes; Line and Pine river flowages.
Fox river from the upper dam in Appleton upstream to Little Lake Butte des Morts.
Little Lake Butte des Morts from the lower dam on the Fox river at Menasha to the upper dam in Appleton, Outagamie county.
Petenwell flowage and the Wisconsin river beginning at the Nekoosa dam in Wood county extending downstream to the Petenwell dam in Adams and Juneau counties.
All waters of Lake Michigan and Green Bay in Marinette, Oconto, Brown, Door, Kewaunee, Manitowoc, Sheboygan, Ozaukee, Milwaukee, Racine and Kenosha counties.
The department finds that catfish are detrimental in the following waters:
The department finds that panfish are detrimental in the following waters:
All waters in the township of Chicog.
Crescent lake (sections 8, 16, 17, 18, 20, 21, T36N, R8E) and Stella lake.
The department finds that white bass are detrimental in the following waters: All waters of Lake Michigan and Green Bay.
The department finds that all fish species, strains or hybrids that are not indigenous to the waters of the state are detrimental fish in all waters of the state except where their presence is specifically permitted under s. 29.736
NR 20.38 History
Cr. Register, May, 1999, No. 521
, eff. 6-1-99; correction in (6) made under s. 13.93 (2m) (b) 7., Stats., Register September 2002 No. 561
; CR 13-001
: r. (2) Register August 2013 No. 692
, eff. 9-1-13; CR 17-051
: am. (1) (a), Register March 2018 No. 747
NR 20.39 Permits for use of nonstandard minnow gear on inland waters. NR 20.39(1)(1)
The department may issue a permit under this section to a licensed bait dealer for the taking of minnows with minnow seines, minnow dip nets or minnow traps which are otherwise prohibited by s. NR 20.14
. Applications shall be submitted on forms available from the department to the regional office having jurisdiction over the affected waters.
NR 20.39 Note
Note: Permit application forms may be obtained at no charge from the Bureau of Fisheries Management, Department of Natural Resources, PO Box 7921, Madison, WI 53707-7921.
The department shall issue the permit if it determines that all of the conditions of this paragraph are met.
The department does not need the minnows for its fish management activities.
Removal of the minnows will not cause or substantially contribute to a long-term depletion of the forage base.
Threatened or endangered species listed in ch. NR 27
are not known to be present in or near the affected water.
Unique or sensitive biological values such as nesting loons or heron rookeries are not present in, on or near the affected water.
The use of the minnow seines, minnow dip nets or minnow traps is not likely to hinder or interfere with the exercise of a permit issued earlier in the year to another person for the water.
The use of the minnow seines, minnow dip nets or minnow traps is not likely to hinder or interfere with any other public uses of the water.
The use of the minnow seines, minnow dip nets or minnow traps is not likely to result in the spread of invasive species or diseases.
For waters lacking adequate public access and for waters surrounded by private lands, the department shall determine if:
The applicant provided the department with the name, mailing address and telephone number of the person granting the applicant legal access to the water.
NR 20.39 Note
Note: Under s. NR 19.057, a bait dealer also must have a wild harvest permit from the department to take wild minnows for use as bait.
Permits issued by the department under this subsection shall:
Include the permit holder's name, address and bait dealer's license number,
Describe the minnow seines, minnow dip nets or minnow traps authorized,
Include an expiration date of December 31 of the calendar year in which the permit is issued, unless an earlier date is set under par. (c)
Prohibit the removal or destruction of vegetation, logs and other habitat features,
Require that minnows be transported only in tanks equipped with either an oxygen tank or an adequate aeration system,
Require that transport tanks and holding facilities not be loaded beyond their capacity to keep the minnows alive and healthy,
Require that all minnows taken under the permit be sold or used only for angling or rearing of fish in department or private fish hatcheries, and
Require that all minnows which are not kept for use or sale and all game fish caught by the minnow seines, minnow dip nets or minnow traps be promptly returned unharmed to the water.
The department may require reporting of the permit holder's activities under the permit and may set reasonable permit conditions to insure that the requirements of par. (a)
The department shall act on a complete application for a permit under this section within 20 business days after it is received by the appropriate department regional office.
No permit holder may cause or allow the violation of any term or condition of a permit issued under this section. In addition to any other penalties, if a permit holder is convicted of causing or allowing a violation of any term or condition of a permit, the permit is terminated.
The department may, at any time, revoke or modify a permit issued under this section if it determines that the minnow supply is in danger of being depleted in the water for which the permit was issued. A permit revocation or modification shall become effective when it is received by the permit holder or 3 business days after it is mailed to the permit holder at the address shown on the permit, whichever occurs first.
Any person aggrieved by a decision of the department under this section may, within 30 days of the mailing of the decision, request a contested-case hearing before the department on the decision under s. 227.42
NR 20.39 History
Cr. Register, May, 1999, No. 521
, eff. 6-1-99; CR 01-012
: am. (1) (intro.), cr. (1) (b) 3m., Register November 2001 No. 551
, eff. 4-1-02; emerg. am. (1) (intro.) and (a), eff. 11-2-07; CR 07-074
: am. (1) (intro.) and (a) Register May 2008 No. 629
, eff. 6-1-08.
This section applies to fishing tournaments on lakes, rivers, the Great Lakes, Wisconsin-Minnesota boundary waters as defined in s. NR 21.02 (39)
, Wisconsin-Iowa boundary waters as defined in s. NR 22.02 (34)
, and Wisconsin-Michigan boundary waters as defined in s. NR 23.02 (10)
“Catch and kill tournament" means a fishing tournament where fish are caught by participants, reduced to their possession, and retained as part of the participant's daily bag limit.
“Catch-hold-release tournament" means a fishing tournament where fish caught by participants are reduced to possession and transported, usually for purposes of recording, and live fish are then released to the water from which they came. This format was previously referred to as a “live-release" tournament.
“Cull" or “culling" means the practice of releasing a live fish that was held in an angler's possession and replacing it with another fish. Live fish that are released and capable of swimming away under their own power are not considered part of the angler's daily bag limit provided the total number of fish possessed at any one time does not exceed the angler's daily bag limit.
NR 20.40 Note
Note: Section 29.403 (1m), Stats., allows culling only during largemouth and smallmouth bass fishing tournaments authorized by the department. An angler must release the fish to be culled without unnecessary delay when keeping a new fish that would otherwise put them over their daily bag limit, and may not resume fishing or other activities until the fish to be culled is first released.
“Fishing tournament" means any organized fishing activity, on any water of the state where competition is the primary purpose, and where incentives, such as money, prizes or points, are awarded.
“Immediate-release tournament" means a fishing tournament where fish caught by participants are not reduced to possession and transported, but are held only long enough for identification and to document length or weight or both, and released to the water from which they came.
“Live well" means a container designed to hold live fish on a boat.
“Off-site weigh-in" means a weigh-in of fish caught in a catch-hold-release tournament at a location that is not on the shoreline or adjacent to the waters listed on the fishing tournament permit.
“Open water fishing" means all fishing that occurs except when ice is used as a platform from which to fish.
“Opening weekend" means the first weekend of a calendar year that an angler is permitted to fish for that particular species of fish.
“Organize" means to advance, conduct, direct, establish, promote or otherwise be responsible for the operation of a fishing tournament.
“Organizer" means a person who advances, conducts, directs, establishes, organizes, promotes or otherwise is responsible for the operation of a fishing tournament, but does not include a person who only assists in advertising or publicizing another person's fishing tournament.
“Permitted fishing tournament" means a fishing tournament that requires a permit from the department.
“Permitted fishing tournament boat days" is a measure of tournament fishing pressure for open water permitted fishing tournaments. It is calculated by multiplying the number of boats participating in an open water permitted fishing tournament by the number of days the permitted fishing tournament is held. Any part of a day shall count as one day.
“Person" means any individual, partnership, association, organization or body politic or corporate.
“Possess" for the purposes of this section means to own, control, restrain, transport or keep. Once a fish is possessed, it shall be counted towards the angler's daily bag limit pursuant to s. NR 20.05 (7)
. Any of the following conditions constitute possession:
Holding a fish out of the water longer than necessary to remove hooks and measure the fish for length, weight or both.
Placing a fish into a live well except to revive a fish or to avoid imminent boating danger.
Holding a fish at the side of a stationary boat for longer than necessary to register and revive the fish.
Resuming fishing by any angler in the boat prior to the release of the fish.
“Prizes" means money or items that are provided to a tournament participant based on their performance in a competitive fishing event. This does not include “raffle" type prizes which are given to tournament participants independent of their performance in the competitive fishing event.
“Traditional fishing tournament" means a fishing tournament that was issued permits 4 out of 5 years from 2004 to 2008, for the same water or waters and time period. Beginning January 1, 2009, traditional fishing tournaments shall continue to be conducted at least 4 out of 5 years for the same waterbody and time period to remain a traditional fishing tournament.