This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
Alert! This chapter may be affected by an emergency rule:
NR 20.40(10)(g)9.b. b. Require a reduced daily bag limit of 3 bass for catch-hold-release tournaments on all waters with a daily bag limit of 3 bass or greater from the first Saturday in July to the second Sunday in August unless the department determines that the temperature of the primary waterbody to be fished is expected to be less than 75 degrees Fahrenheit for smallmouth bass or less than 80 degrees Fahrenheit for largemouth bass. Notwithstanding these bag limit requirements, the department may allow one catch-hold-release bass tournament per year per waterbody with a 5 fish bag limit from the first Saturday in July to the second Sunday in August provided the tournament will promote national public awareness of fishing and is planned to have 60 or more boats and the primary waterbody fished will be 2000 or more acres. Tournaments promoting national public awareness include, but are not limited to, events that are part of a national tour and statewide or regional championships that qualify participants for a national event.
NR 20.40(10)(g)10. 10. Subject to the requirements in this section, the department may issue a permit for a catch-hold-release bass tournament when the season is open for harvesting bass that allows each participant in the tournament to take a daily bag limit of up to five bass of a minimum of 14 inches in length. All live bass shall be returned to the water from which they were taken as specified in the permit and no later than the day of the conclusion of the tournament.
NR 20.40(10)(gm) (gm) In addition to the provisions in par. (g), all of the following provisions apply to participants in catch-hold-release muskellunge tournaments:
NR 20.40(10)(gm)1. 1. Participants shall use boats equipped with a functioning live well or other container large enough to hold muskellunge and equipped with a pump for aerating and exchanging freshwater that is operated continuously once a fish is placed in the live well or other container.
NR 20.40(10)(gm)2. 2. Participants shall immediately transport muskellunge placed in a live well or other container to the designated weigh-in site. All transported fish must meet legal length limits for the water body being fished.
NR 20.40(10)(gm)3. 3. Either multiple weigh-in sites shall be designated by the tournament organizer or the areas open to fishing limited so that muskellunge will not be transported for more than 30 minutes.
NR 20.40(10)(gm)4. 4. Tournament officials or judges shall immediately register muskellunge brought to the weigh-in site. No pens, tanks, or other means of confinement may be used to hold the fish at the weigh-in site.
NR 20.40(10)(gm)5. 5. Registration of muskellunge is restricted to a measurement of length. In-water measurement of the fish is recommended whenever possible.
NR 20.40(10)(gm)6. 6. Muskellunge may be retained at the weigh-in site only until capable of swimming upright under its own power and shall be released from the weigh-in site.
NR 20.40(10)(gm)7. 7. Participants may not leave the weigh-in site until the fish they transported to the weigh-in site has been successfully released. If the fish cannot be released alive, final disposition of the fish is the responsibility of that participant and shall not violate s. 23.095 (1g), Stats.
NR 20.40(10)(gm)8. 8. A participant shall count muskellunge transported to a weigh-in site towards the participant's daily bag limit and that person may not fish for muskellunge during the remainder of that day.
NR 20.40 Note Note: Section 23.095 (1g), Stats., states that no person may damage or attempt to damage any natural resource within the state. “Damage" means to commit a physical act that unreasonably destroys, molests, defaces, removes, or wastes.
NR 20.40(10)(h) (h) All permits for fishing tournaments shall do the following:
NR 20.40(10)(h)1. 1. Identify areas where competitive fishing is prohibited for the following reasons:
NR 20.40(10)(h)1.a. a. To protect critical habitat, including areas designated by local ordinance for aquatic vegetation preservation or areas where habitat enhancement activity is underway.
NR 20.40(10)(h)1.b. b. To protect public rights, interests or safety, including designated swimming areas, mooring areas, access areas, navigational channels, staging areas, beaches or other special use areas.
NR 20.40(10)(h)2. 2. Prohibit the use of tagged fish, except when approved by the department for any of the following reasons:
NR 20.40(10)(h)2.a. a. To enhance collection of data for management purposes as part of a scientific study.
NR 20.40(10)(h)2.b. b. The tagged fish are legally obtained from a licensed private fish hatchery and are planted under a stocking or introduction permit issued by the department under s. 29.736, Stats., and s. NR 19.05.
NR 20.40(10)(h)2.c. c. Specific authorization is granted by the department to capture, tag and immediately release fish from the wild using lawful methods for purposes of a fishing contest.
NR 20.40(10)(i) (i) Pursuant to s. NR 20.05 (7), any fish taken into possession by an individual and not released immediately shall be included as part of the individual's daily bag limit.
NR 20.40(10)(j) (j) The time limitations upon the length of a fishing tournament under this section do not include fishing activities by tournament participants carried out prior to the time when the tournament begins.
NR 20.40(10)(k) (k) Except for tournaments on the Great Lakes and tournaments exempt from a permit under s. NR 20.40 (3m) (c), the fishing portion of any tournament may not run for more than 10 consecutive hours each day or more than 4 consecutive days.
NR 20.40(10)(L) (L) The fishing portion of tournaments on the Great Lakes is not limited in duration.
NR 20.40(10)(m) (m) Upon permit approval, tournament organizers shall notify the county and city, village, or town within which the access site, weigh-in site, or headquarters for the tournament is located of the date, time, location and size of tournament.
NR 20.40(11) (11) Aquatic invasive species.
NR 20.40(11)(a) (a) All tournament participants shall comply with s. 30.07, Stats., and all department rules pertaining to control of aquatic invasive species.
NR 20.40(11)(b) (b) Fishing tournament organizers shall inform all tournament participants of procedures recommended by the department to clean and decontaminate boats and equipment of aquatic plants and invasive species prior to the tournament.
NR 20.40(11)(c) (c) The department may include permit conditions necessary to prevent the spread of aquatic invasive species.
NR 20.40(12) (12) Reporting. Each organizer shall report the results of the organizer's tournament and other information which the department deems necessary on forms available from the department no later than 30 days following the last day of the tournament.
NR 20.40 Note Note: Reporting forms will be issued with permits.
NR 20.40 History History: Cr. Register, May, 1999, No. 521, eff. 6-1-99; CR 01-012: am. (4) (b) and (5), r. (9), Register November 2001 No. 551, eff. 4-1-02; except (9) eff. 12-31-01; correction in (6) (c) 4. made under s. 13.93 (2m) (b) 7., Stats., Register September 2002 No. 561; CR 04-112: cr. (1) (am), (d), and (6m), am. (6) (d) and (f) Register June 2005 No. 594, eff. 7-1-05; CR 06-108: r. and recr. Register April 2009 No. 640, eff. 5-1-09; correction in (7) (a) made under s. 13.92 (4) (b) 1., Stats., Register April 2009 No. 640; corrections in (2) (b) and (11) (a) made under s. 13.92 (4) (b) 7., Stats., Register February 2010 No. 650; CR 10-053: am. (1) Register December 2010 No. 660, eff. 1-1-11; CR 13-079: cr. (2) (dm), am. (3) (intro.), cr. (3) (e), (3m) (intro.), am. (3m) (a), (b), cr. (3m) (c), am. (4) (b) 2., 3., (c) 2., (d) 2., r. and recr. (5), am. (7) (intro.), (a) (table), cr. (7) (f) 2m., am. (10) (g) 3., cr. (10) (g) 3m., am. (10) (g) 4., 7. (intro.), r. (10) (g) 7. c., cr. (10) (g) 8., 9., (gm) Register May 2014 No. 701, eff. 6-1-14; correction in (10) (g) 4. made under s. 13.92 (4) (b) 7., Stats., Register May 2014 No. 701; correction in (10) (g) 8. made under s. 35.17, Stats., Register May 2014 No. 701; correction in (10) 9. (gm) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register June 2015 No. 714; CR 19-016: am. (3) (intro.), cr. (3) (f), am. (3m) (intro.), cr. (10) (g) (10), Register March 2020 No. 771, eff. 4-1-20; CR 19-016: am. (3) (intro.), cr. (3) (f), am. (3m) (intro.) Register March 2020 No. 771, eff. 4-1-20; CR 19-091: am. (3m) (a), cr. (10) (h) 2. c. Register March 2020 No. 771, eff. 4-1-20; CR 19-078: am. (2) (a) Register May 2020 No. 773, eff. 6-1-20; CR 21-058: am. (2) (j), (3) (f), r. and recr. (3m) (c), am. (9), (10) (c) 1., (d), (g) 10., (k) Register March 2022 No. 795, eff. 4-1-22; CR 23-009: cr. (3s) Register February 2024 No. 818, eff. 4-1-24; CR 23-058: am. (10) (c) 1. Register June 2024 No. 822, eff. 7-1-24.
NR 20.41 NR 20.41Experimental waters.
NR 20.41(1)(1)Designated. The following waters are designated as experimental waters: Nebish, Spruce, Mystery, Escanaba and Pallette lakes situated in sections 34 and 35, township 42 north, range 7 east, and sections 1, 2, 3, 10, 11 and 12, township 41 north, range 7 east, Vilas county.
NR 20.41(2) (2) Permit required.
NR 20.41(2)(a)(a) No person may fish in experimental waters unless a permit has been issued to the person by the department.
NR 20.41 Note Note: Permits may be obtained at the checking station indicated by posted signs in the immediate area of these experimental waters.
NR 20.41(2)(b) (b) Permits issued under this section are valid only for the date issued.
NR 20.41(3) (3) Reporting.
NR 20.41(3)(a)(a) Permits issued under this section shall be returned to the checking station upon termination of fishing activities by the angler.
NR 20.41(3)(b) (b) All fish taken pursuant to this section shall be exhibited to the department or its agents at the checking station for examination, identification and marking.
NR 20.41(4) (4) Authorized methods. No person may fish in Escanaba, Nebish, or Pallette lakes while possessing fishing line with attached lead-containing jig-heads, sinkers, and weights that weigh less than 1 ounce or that measure less than 1 inch in any dimension.
NR 20.41 History History: Cr. Register, May, 1999, No. 521, eff. 6-1-99; CR 13-019: cr. (4) Register December 2013 No. 696, eff. 4-1-14.
NR 20.60 NR 20.60Monthly sport trolling fishing reports.
NR 20.60(1)(1)A monthly sport trolling fishing report form required by s. 29.514 (2), Stats., shall be completed by the sport trolling licensee guiding persons in sport trolling in accordance with all of the following requirements:
NR 20.60(1)(a) (a) The licensee shall use the electronic reporting system designated by the department to report sport trolling guided fishing trips and other information by electronic means, except as provided in par. (c).
NR 20.60(1)(b) (b) For each fishing trip, the licensee shall accurately record the licensee's name, license number, date, documented boat name or 8-digit state registration number, locations fished, number of anglers, hours fished, the total number of fish harvested, and other information required by the department on the report form in the electronic reporting system in the English language within 1/2 hour after completing each trip's fishing activities after returning to the dock or shore. The number of fish of each species harvested and fin clip information, if required by the department, may be recorded in the electronic reporting system after returning to the dock or shore but shall be recorded in the electronic reporting system by 11:59 p.m. the day of the fishing trip. The electronic report form shall be immediately exhibited to a department representative upon request.
NR 20.60(1)(c)1.1. If the electronic reporting system is not in operation, the licensee shall complete and sign, in writing in the English language, a paper report on a form available from the department website containing the required information in par. (b) within 1/2 hour after completion of the fishing trip's activities and reaching the dock or shore, with all information required in par. (b) recorded by 11:59 p.m. the day of the fishing trip. The licensee shall retain any paper reports completed under this subdivision in accordance with subd. 3. On the day of a fishing trip, the paper report form shall be immediately exhibited to a department representative upon request.
NR 20.60(1)(c)2. 2. When the electronic reporting system is again functional, the licensee shall resume entering fishing trip reports into the electronic reporting system as described in pars. (a) and (b) and submitting the reports electronically to the department. The licensee shall retroactively enter the information from any paper reports into the electronic reporting system within 48 hours of completion of the fishing trip unless the department has granted an extension.
NR 20.60(1)(c)3. 3. The licensee shall retain all paper copies of the trip report as part of the licensee's records for a period of 5 years from the date on which the record or report was created, and shall make records available upon the request of a department representative within 24 hours of the request.
NR 20.60 Note Note: Access to the electronic reporting system and copies of the paper report form are available on the department's website at https://dnr.wisconsin.gov/topic/Fishing/lakemichigan/CharterForm.html.
NR 20.60(2) (2)A licensee shall submit each fishing trip entered into the electronic reporting system under sub. (1) (b) during the preceding calendar month to the department on or before the 10th day of each month.
NR 20.60(3) (3) If the licensee has not conducted any fishing trips under the authority of his or her sport trolling license in any given month after purchasing the license, the licensee shall submit a report indicating that no fishing trips were conducted that month through the electronic reporting system no later than the 10th day of the following month.
NR 20.60 History History: Cr. Register, May, 1999, No. 521, eff. 6-1-99; CR 22-057: renum. (1) to (1) (intro.) and am., cr. (1) (a) to (c), am. (2), cr. (3) Register April 2023 No. 808, eff. 5-1-23; CR 23-058: am. (1) (b) Register June 2024 No. 822, eff. 7-1-24.
NR 20.65 NR 20.65Report of licensed guides.
NR 20.65(1)(1)Definitions. In this section:
NR 20.65(1)(a) (a) “Assist” or “assisting” means providing support or aid to a person with the activities associated with the act of fishing, including transporting anglers between the shore and an open water or on-ice fishing location.
NR 20.65(1)(b) (b) “Direct” or “directing” means to manage, supervise, or oversee an angler's or anglers' fishing activities and fishing trip conditions to aid the angler or anglers in attempting to catch fish.
NR 20.65(1)(c) (c) “Electronic guide reporting system” means a system established or authorized by the department for reporting guided fishing trips and other required information to the department by electronic means.
NR 20.65(1)(d)1.1. “Fishing guide” means any person required to be licensed under the provisions of s. 29.512 (1), Stats., that is actively engaged in guiding, directing, or assisting a person or persons for compensation or reward in fishing, as defined in s. NR 20.03 (12), in waters defined in pars. (f), (h), and (i).
NR 20.65(1)(d)2. 2. “Fishing guide” does not include a person that rents boats, fishing shelters, fishing gear, or related equipment to an angler for the angler's independent use, provided that the person does not offer any additional services to guide, direct or assist the angler in attempting to catch fish.
NR 20.65 Note Note: “ Person,” has the meaning specified in s. 990.01 (26), Stats.
NR 20.65(1)(e) (e) “Fishing trip” means the time period during which an individual fishes or a group of anglers fishes together, commencing upon leaving the dock or shore and ending upon return to the dock or shore after the conclusion of fishing.
NR 20.65(1)(f) (f) “Green Bay” means those waters specified in s. NR 20.03 (15), (16), and (21).
NR 20.65(1)(g) (g) “Guide,” when used as a verb, or “guiding” means to advise, influence or superintend the conduct or instruction of an angler or anglers, including providing expertise to an angler or anglers on how to conduct fishing activities to improve the angler or anglers' ability to catch fish.
NR 20.65(1)(h) (h) “Lake Michigan” means those waters specified in s. NR 20.03 (17) and (18).
NR 20.65(1)(i) (i) “Lake Superior” means Wisconsin waters of Lake Superior and Chequamegon Bay, as well as all tributaries up to the first lake or barrier impassable to fish.
NR 20.65(2) (2) General provisions.
NR 20.65(2)(ag)(ag) No person may fail to file a report as required under this subsection and sub. (3). No person may file an inaccurate report of the information required under this subsection.
NR 20.65(2)(ar) (ar) Each fishing guide operating in the Wisconsin waters of Lake Superior, Lake Michigan, or Green Bay designated under par. (b) shall report to the department in the manner described in sub. (3) for each fishing trip, except as provided in pars. (d) and (e).
NR 20.65(2)(b) (b) The department shall annually specify the waters of Lake Superior, Lake Michigan, and Green Bay and the time frame and the fish species for which reporting is required, which shall become effective on January 1 each year. The department shall notify fishing guides of this information no later than December 1 of the preceding year.
NR 20.65(2)(c) (c) The report required under par. (ar) for each guided fishing trip shall include all of the following accurate information:
NR 20.65(2)(c)1. 1. Name and department customer identification number of the fishing guide filing the report.
NR 20.65(2)(c)2. 2. Name and department customer identification number of other fishing guides who were involved in guiding, directing, or assisting with the fishing trip.
NR 20.65(2)(c)4. 4. Location.
NR 20.65(2)(c)5. 5. Total number of anglers.
NR 20.65(2)(c)6. 6. Total number of hours fished during the fishing trip.
NR 20.65(2)(c)7. 7. Description of fish caught during the fishing trip, including species, number caught, number kept, tag numbers, if any, and other related information.
NR 20.65(2)(c)8. 8. Other information required on the report form that the department determines is relevant to the sound management of the species taken.
NR 20.65(2)(d) (d) If multiple fishing guides guide, direct, or assist with a fishing trip, in whole or in part, each fishing guide shall file a report per this subsection for that fishing trip, except that only one report may contain the information described in par. (c) 5. to 7., and all other reports filed for that fishing trip shall identify the name and department customer identification number of the fishing guide that completed the information in par. (c) 5. to 7. The fishing guides associated with the fishing trip may determine which fishing guide's report will contain the information in par. (c) 5. to 7., but all fishing guides remain responsible for ensuring that the information in the fishing trip report is provided and filed in accordance with this subsection and sub. (3).
NR 20.65(2)(e) (e) Notwithstanding the requirements in pars. (ar) and (d), as an alternative form of reporting, a person who employs one or more fishing guides and who obtains a guide license under s. 29.512 (1), Stats., may elect to complete the fishing trip reports required under this subsection in place of any licensed fishing guide or group of fishing guides under its employ, in accordance with all of the following conditions:
NR 20.65(2)(e)1. 1. The employer and any employed fishing guides for whom the employer will file reports shall jointly apply, on application forms furnished by the department, for annual authorization to file the fishing reports under this subsection. Authorization shall remain in effect until the end of the license year. The application forms shall include all of the following information:
NR 20.65(2)(e)1.a. a. The name, business address, and department customer identification number of the employer that will report on behalf of the employed fishing guides.
NR 20.65(2)(e)1.b. b. The names and department customer identification numbers of all fishing guides for whom the employer will submit reports during the license year.
NR 20.65(2)(e)1.c. c. Fishing guide certification that each fishing guide shall provide true and accurate information required under this subsection to the employer for all fishing trips during the license year while under the employ of that employer, that the fishing guide shall provide this information within 24 hours after completion of the fishing trip, and that the fishing guide remains responsible for ensuring that the employer has received the fishing trip report information to fulfill the requirements in this subsection and sub. (3).
NR 20.65(2)(e)1.d. d. Acknowledgement of the employer and each fishing guide listed under subd. 1. b. for which fishing trip reports will be filed that the employer shall submit all fishing trip reports for the calendar year with information provided by the fishing guide and in accordance with this section.
Loading...
Loading...
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.