NR 21.11(1)(p)
(p) The department or its agents may require any operator of any commercial fishing gear to cease the fishing operations when the department finds these operations are destructive to game fish or they will endanger any other species of wild animal. (29.041)
NR 21.11(1)(q)
(q) The department by its agents, employees or wardens may in the absence of the licensee, at any time, raise any commercial fishing gear with as little damage as may be for inspection. (23.11, 29.516)
NR 21.11(1)(r)
(r) The use or operation of all commercial gear except those authorized in this chapter is prohibited in the Wisconsin-Minnesota boundary waters with the exception of such nets as may be authorized by the department. The specifications for the nets operated under contract with the department must be agreed upon between the states of Wisconsin and Minnesota.
NR 21.11(2)
(2)
Gill nets; seasons, closed areas, gill net restrictions. In the Wisconsin-Minnesota boundary waters, no person may conduct commercial fishing operations with the use of gill nets, drive netting, deadset gill nets or drive set gill nets except in the manner prescribed as follows:
NR 21.11(2)(a)
(a) Gill nets may be used year round on the Mississippi river, except for the areas listed in pars.
(b) and
(c). No person may engage in drive netting of fish from the closed areas listed in par.
(b).
NR 21.11(2)(b)
(b) No person may set or use gill nets in the following areas:
NR 21.11(2)(b)1.
1. Within 900 feet below any U.S. corps of engineers lock or dam on the Mississippi river.
NR 21.11(2)(b)4.
4. Trempealeau lakes known as Second, Third and Round lakes lying in Trempealeau county.
NR 21.11(2)(b)5.
5. In the Mississippi river within 300 feet of the mouth of any stream tributary to the Mississippi river.
NR 21.11(2)(b)6.
6. In lower pool 8, Bluff Slough from 7th Street downstream to where Bluff Slough enters Running Slough.
NR 21.11(2)(c)
(c) No person may set or use the types of gill nets listed in this paragraph in the following areas, during the periods indicated:
NR 21.11(2)(c)1.
1. Open water gill net sets are prohibited in Lake St. Croix from the highway 64 bridge at Houlton, downstream to its confluence with the Mississippi river at all times.
NR 21.11(2)(c)2.
2. Dead set gill nets and drive set gill nets may not be used in pool 4, between river mile 780 and 797 from March 1 through May 31.
NR 21.11(2)(c)3.
3. Dead set gill nets may not be used in all of lower pool 7 at any time.
NR 21.11(2)(d)1.1. Only gill nets with a mesh of 7 inches stretch measure or larger may be used.
NR 21.11(2)(d)2.
2. Gill nets may not be used as a drift net and may not be used as or in place of a seine.
NR 21.11(2)(d)3.
3. At each end of every gill net set in open water there shall be a buoy on each end of the gang. The buoys shall have a staff extending at least 3 feet above the surface of the water. Upon the upper end of the staff there shall be a flag at least 10 inches square. Upon the bowl of the buoys there shall be maintained in plain figures the license number of the licensee. On gill nets set through the ice there shall be maintained on each end of the gang a board or similar material which shall bear the license number authorizing the use of the net.
NR 21.11(2)(d)4.
4. Each gill net set in open water shall be lifted and emptied of all fish at least once each day following the day set. Each gill net set under the ice shall be lifted and emptied of fish at least once every 2 days following the day set.
NR 21.11(2)(d)5.
5. Gill nets may not be set, drawn, lifted or operated in any manner between one-half hour after sunset and one hour before sunrise without prior permission of the department.
NR 21.11 Note
Note: Contact a local department conservation warden or fish manager to request prior permission.
NR 21.11(2)(d)6.
6. Gill nets may not be set in a manner that will shut-off more than one-half the width of any channel, bay or slough.
NR 21.11(2)(d)7.
7. A gill net may not be set within 1,000 feet of any other commercial fisher's gill net or frame net.
NR 21.11(2)(d)8.
8. Shovelnose (hackleback) sturgeon may not be taken in gill nets.
NR 21.11(2)(d)9.
9. Game fish that are not commercial fish and other fish that are listed in ch.
NR 27 as endangered or threatened species which are taken by gill nets shall be immediately returned, carefully and with as little injury as possible to the water from which they were taken.
NR 21.11(2)(d)10.
10. No licensee may join his or her net to that of any other licensee.
NR 21.11(3)
(3)
Seines; seasons, closed areas, seine restrictions. In the Wisconsin-Minnesota boundary waters, no person may conduct commercial fishing operations with the use of seines except in the manner prescribed as follows:
NR 21.11(3)(a)
(a) Seines of any size may be used year round in the waters of the Mississippi river, Lake St. Croix and the St. Croix river downstream from the U.S. highway 8 bridge located in St. Croix Falls, except for the closed areas listed in pars.
(b) and
(c). No person may use drive netting techniques including the use of airboats, boats, plungers or other sound producing devices to drive fish from the closed ares listed in pars.
(b) and
(c).
NR 21.11(3)(b)1.1. Within 900 feet below any U.S. corps of engineers lock and dam on the Mississippi river.
NR 21.11(3)(b)3.
3. Trempealeau lakes known as Second, Third and Round lakes lying in Trempealeau county.
NR 21.11(3)(b)4.
4. Lagoon, which is located on Barron island within the corporate limits of the city of LaCrosse, as well as the connecting waterway south to state highway 16.
NR 21.11(3)(c)1.1. Pool 4, between river mile 780 and 797, closed from March 1 through May 31.
NR 21.11(3)(c)2.
2. In upper pool 8, the Black river from the Onalaska 9-foot spillway dam downstream to the Soo Line railroad bridge, closed from April 15 through October 30.
NR 21.11(3)(c)3.
3. In lower pool 8, Bluff Slough from 7th Street downstream to where Bluff Slough enters Running Slough, closed from April 15 through October 30.
NR 21.11(3)(d)
(d) A commercial fisher and his or her crew members may not remove more than 100 pounds of catfish per seine haul from the Saturday nearest October 1 to April 30.
NR 21.11(3)(e)
(e) A commercial fisher and his or her crew members may not take more than 100 pounds of catfish per day in seines regardless of the number of seine hauls done in one day, from the Saturday nearest October 1 through April 30.
NR 21.11(3)(f)
(f) A commercial fisher and his or her crew members may only take 100 pounds of catfish from a seine haul even if the seine haul takes more than one day to complete.
NR 21.11(3)(g)
(g) Shovelnose (hackleback) sturgeon may not be taken in seines.
NR 21.11(3)(h)
(h) Seines may not be drawn, lifted or operated in any manner between one-half hour after sunset and one-half hour before sunrise without permission of the department.
NR 21.11 Note
Note: Contact a local department conservation warden or fish manager to request prior permission.
NR 21.11(3)(i)
(i) A seine may not be used as a drift net at any time.
NR 21.11(3)(j)
(j) All game fish that are not commercial fish and all fish that are listed in ch.
NR 27 as endangered or threatened species that are taken in seines shall be immediately returned to the water with as little injury as possible as soon as they appear in the operation. Seines may not be bagged in a manner that causes either game fish that are not commercial fish or fish that are listed in ch.
NR 27 as endangered or threatened species to die while bagged in the net. The presence of dead game fish that are not commercial fish or dead fish that are listed in ch.
NR 27 as endangered or threatened species in a seine bag shall be prima facie evidence of a violation of this paragraph. Rough fish that are not listed in ch.
NR 27 as endangered or threatened species and commercial fish that are bagged as part of a seine haul may not be held in any bag, seine or other type of live box for more than 24 hours without prior permission from the department.
NR 21.11 Note
Note: Contact a local department conservation warden or fish manager to request prior permission.
NR 21.11(3)(k)
(k) Seines may not be set or operated in a manner that will shut-off more than one-half the width of any channel, bay or slough.
NR 21.11(3)(L)
(L) No seine may be set or operated within 1,000 feet of any other commercial fisher's gill net, frame net or seine.
NR 21.11(3)(m)
(m) No licensee or crew member may join a net to that of any other licensee.
NR 21.11(4)
(4)
Setlines; seasons, closed areas, setline restrictions. In the Wisconsin-Minnesota boundary waters, no person may conduct commercial fishing operations with the use of setlines except in the manner prescribed as follows:
NR 21.11(4)(a)
(a) Setlines may be used in the waters of the Mississippi river from the Saturday nearest April 1 to October 31, except for the closed areas listed in pars.
(b) and
(c).
NR 21.11(4)(b)1.1. Within 900 feet below any U.S. corps of engineers lock or dam on the Mississippi river.
NR 21.11(4)(b)3.
3. Trempealeau lakes known as Second, Third and Round Lakes lying in Trempealeau county.
NR 21.11(4)(b)4.
4. Lagoon, which is located on Barron island within the corporate city limits of LaCrosse, as well as the connecting waterway south to state highway 16.
NR 21.11(4)(b)5.
5. In upper pool 8, the Black river from the Onalaska 9-foot spillway dam downstream to the Soo Line railroad bridge.
NR 21.11(4)(c)1.1. Pool 4, between river mile 780 and 797, closed from March 1 through May 31.
NR 21.11(4)(c)2.
2. In lower pool 8, Bluff Slough from 7th Street downstream to where Bluff Slough enters Running Slough, closed from April 15 through October 30.
NR 21.11(4)(d)
(d) Each licensee is limited to 8 setlines with not to exceed a total of 50 hooks on each line or 4 setlines with not to exceed 100 hooks on each line.
NR 21.11(4)(e)
(e) No person may use frogs or game fish, whether dead or alive, or any part of a frog or game fish as bait on a setline in the Mississippi river.
NR 21.11(4)(f)
(f) There shall be a buoy at each end of every setline. The buoys shall have a staff extending at least 3 feet above the surface of the water. Upon the upper end of each staff there shall be a flag at least 10 inches square. Upon the bowl of each buoy there shall be maintained in plain figures the license number of the licensee.
NR 21.11(4)(g)
(g) Setlines shall be marked by a metal tag which is stamped to designate the number of the license issued to the commercial fisher using the setline. The tag shall be attached to the buoy or staff at one end of the setline so that the tag will be visible above the surface of the water.
NR 21.11(4)(h)
(h) Setlines set in open water shall be lifted and all fish removed at least once each day following the day set.
NR 21.11(4)(i)
(i) Setlines may not be set, lifted, hauled or operated in any manner between one-half hour after sunset and one hour before sunrise without prior permission of the department.
NR 21.11 Note
Note: Contact a local department conservation warden or fish manager to request prior permission.
NR 21.11(4)(j)
(j) Setlines may not be set in a manner which blocks off more than
3/
4 the width of any slough, bay or channel to any type of boat traffic.
NR 21.11(4)(k)
(k) Shovelnose (hackleback) sturgeon 25 inches and over in length may be taken.
NR 21.11(4)(L)
(L) Game fish and other fish that are listed in ch.
NR 27 as endangered or threatened species which are taken by setline shall be immediately returned, carefully and with as little injury as possible to the water from which they were taken.
NR 21.11(4m)
(4m)
Harvest of catfish and bullheads. No person may harvest catfish or bullheads by hand or with a bow and arrow or crossbow under the authority of a commercial fishing license or for commercial purposes.
NR 21.11(5)
(5)
Buffalo and frame nets. No person may use buffalo or frame nets.
NR 21.11(6)
(6)
Slat and trammel nets. No person may use slat or trammel nets.
NR 21.11(7)
(7)
Incidental turtle catch. Turtles taken incidental to licensed commercial fishing operations may be possessed and sold.
NR 21.11 History
History: Cr.
Register, February, 1979, No. 278, eff. 3-1-79; am. (1) (n),
Register, December, 1981, No. 312, eff. 1-1-82; am. (1) (n) and (o),
Register, December, 1989, No. 408, eff. 1-1-90; r. and recr. (1) (n) and (o),
Register, October, 1991, No. 430, eff. 11-1-91, r. (1) (j),
Register, May, 1996, No. 485, eff. 6-1-96; r. and recr. (1) (intro.), (b) and (f), am. (1) (a), (g), (h), (i) and (k), cr. (1) (cf), (cm), (e) and (2) to (7), r. (1) (m), (n) and (o),
Register, October, 1998, No. 514, eff. 11-1-98;
CR 01-012: am. (2) (a),
Register November 2001 No. 551, eff. 4-1-02;
CR 10-053: am. (1) (intro.), (b), (cf), (i), (2) (d) 7., (3) (L), r. and recr. (1) (L)
Register December 2010 No. 660, eff. 1-1-11;
CR 19-009: cr. (4m)
Register February 2020 No. 770, eff. 3-1-20.
NR 21.13(1)(1)
Applicability. This section applies to the taking and possession of turtles in the Wisconsin-Minnesota boundary waters.
NR 21.13(2)
(2)
Seasons; possession and daily bag limits. No person may take turtles on the Wisconsin-Minnesota boundary waters except during the open season established in sub.
(4). For the purpose of Wisconsin-Minnesota boundary water turtle harvest, the possession limits are the same as the daily bag limits.
NR 21.13(3)
(3)
Additional restrictions. No person may do any of the following:
NR 21.13(3)(a)
(a) Take, possess or control a turtle unless the person is in possession of a valid approval which authorizes the hunting of small game or which authorizes fishing, unless otherwise exempt under ch.
29, Stats., from the need to possess one of more of these approvals to hunt or fish.
NR 21.13(3)(b)
(b) Take turtles by methods other than hoop net turtle traps complying with par.
(c), hand, hook and line, hooking or incidental to commercial fishing authorized under this chapter by a fisher possessing a valid license issued under s.
29.523,
29.526,
29.529, Stats.
NR 21.13(3)(c)
(c) Use a hoop net turtle trap to trap turtles, except when taken by a licensed commercial fisher under s.
29.523, Stats., incidental to fishing authorized under those licenses, unless it complies with all of the following criteria:
NR 21.13(3)(c)2.
2. The net is nylon or other stretchable fabric. Wire may not be used.
NR 21.13(3)(c)3.
3. It is constructed with a funnel entrance at one or both ends which are tied off to the sides or the opposite ends. The opening in the funnel may be round or oval.
NR 21.13(3)(c)4.
4. It is designed and set so the closed sides sit horizontal in the water.
