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Register October 2023 No. 814
Chapter NR 25
COMMERCIAL FISHING in OUTLYING WATERS and wholesale fish dealers
Subchapter I — General Provisions
NR 25.01   Purpose.
NR 25.02   Definitions.
NR 25.022   Lake trout tagging and identification.
NR 25.025   Vehicle identification requirements.
Subchapter II — Commercial Fishing — Outlying Waters
NR 25.027   Definitions.
NR 25.03   Commercial fishing licenses.
NR 25.04   Transfer of commercial fishing licenses.
NR 25.05   Open seasons; size limits; possession and harvest limits.
NR 25.06   Quotas, catch fees and special regulations.
NR 25.07   Individual licensee catch quotas.
NR 25.08   Transfer of individual licensee catch quotas.
NR 25.09   Commercial fishing gear.
NR 25.10   Restricted commercial fishing areas.
NR 25.102   Commercial fishing in southern Green Bay.
NR 25.105   Exemptions.
NR 25.11   Handling of illegal fish.
NR 25.12   Processing of fish.
NR 25.13   Commercial fishing reports.
NR 25.135   Fleet reporting programs.
NR 25.14   Possession of fishing equipment.
NR 25.15   Taking of fish by or for the department.
NR 25.18   Landing and transportation of fish.
Subchapter III — Wholesale Fish Dealers
NR 25.20   Definition.
NR 25.21   Wholesale fish dealer reports.
Ch. NR 25 Note Note: Chapter NR 25 as it existed on September 30, 1976, was repealed and a new chapter NR 25 was created effective October 1, 1976. Corrections made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1998, No. 516.
subch. I of ch. NR 25 Subchapter I — General Provisions
NR 25.01 NR 25.01 Purpose.
NR 25.01(1)(1)This chapter, along with other applicable rules and statutes, regulates commercial fishing in outlying waters and wholesale fish dealers doing business in Wisconsin.
NR 25.01(2) (2)The rules contained in this chapter are not intended to, nor do they authorize, the sale or introduction into interstate commerce for purposes of human consumption or use fish taken from the outlying waters which fail to meet food and drug administration (FDA) standards.
NR 25.01(2m) (2m) The following shall apply to any agreements relating to the allocation or management of Lake Superior resources which are entered into between the department and a tribe or tribes with reserved treaty rights in the Lake Superior commercial fishery:
NR 25.01(2m)(a) (a) The department shall assess implementation of any agreements and any experimental regulations established by the agreements using factors including scientific data, biological indicators, and metrics related to the health, safety, and welfare of users.
NR 25.01(2m)(b) (b) In the event the department determines the sustainability of any Lake Superior resource or the health, safety and welfare of its users are or are likely to be jeopardized, the department shall take action to address the department's concerns, including good faith negotiation or the modification or termination of any agreement, in accordance with the terms of the agreement.
NR 25.01 Note Note: In December 2018, the Bad River Band of Lake Superior Chippewa, the Red Cliff Band of Lake Superior Chippewa, and the Wisconsin Department of Natural Resources entered into an agreement relating to the allocation and management of Lake Superior fishing resources (“the Agreement”). The Agreement contains provisions applicable to both tribal treaty fishers and non-tribal commercial fishers in the Wisconsin waters of Lake Superior. For tribal members, the Agreement provisions are enforceable through tribal codes adopted by the Tribes. For non-tribal members, the state's regulations have been amended to be consistent with applicable provisions in the Agreement. Biological representatives of the state and the two tribes have identified specific goals for assessing state and tribal commercial fishing seasons under the Agreement. Those specific goals are reviewed regularly and adjusted as necessary. The Agreement contains provisions for modification or, if necessary, for termination for any reason by any party. Grounds for amendment or termination include, but are not limited to, adverse conditions which, in the opinion of any party, could jeopardize the sustainability of the Lake Superior resources or the health, safety, and welfare of resource users.
NR 25.01(3) (3)Except as modified by an agreement with the tribe of the treaty fisher, the following sections of this chapter are applicable to treaty fishers fishing in the Wisconsin waters of Lake Superior:
NR 25.01 History History: Cr. Register, September, 1976, No. 249, eff. 10-1-76; r. and recr. Register, October, 1979, No. 286, eff. 11-1-79; emerg. cr. (3), eff. 4-22-86; cr. (3), Register, October, 1986, No. 370, eff. 11-1-86; emerg. am. (3) (intro.), eff. 3-10-87; am. (3) (intro.), Register, December, 1987, No. 384, eff. 1-1-88; CR 19-103: cr. (2m) Register July 2020 No. 775, eff. 8-1-20; CR 23-008: am. (1), cr. (3) (ag), (ar), r. (3) (j), am. (3) (k) Register October 2023 No. 814, eff. 11-1-23.
NR 25.02 NR 25.02 Definitions. Except as otherwise specifically defined in the statutes, the following terms, for the purposes of this chapter, are defined as follows:
NR 25.02(3) (3)“Chunked" means fish from which the viscera, head and tail have been removed.
NR 25.02(6) (6)“Commercial fish" is any species of game or rough fish for which an open season has been provided in s. NR 25.05.
NR 25.02(7) (7)“Commercial fisher" means a person required to obtain a license under s. 29.519 (1m), Stats.
NR 25.02(11) (11)“Condition of the fish" or “description of the fish” means the form that fish are in, and includes but is not limited to fresh round, fresh dressed, frozen dressed, fresh fillet, frozen fillet, fresh chunked, frozen chunked, smoked dressed, smoked fillet, smoked chunked, fresh snipped or frozen snipped.
NR 25.02(12) (12)“Department" means the Wisconsin department of natural resources.
NR 25.02(15) (15)“Domestic lake trout" means a lake trout taken from the waters of the state, but not from a fish farm registered with the department of agriculture, trade and consumer protection.
NR 25.02(16) (16)“Dressed fish" means fish from which only the viscera have been removed.
NR 25.02(23) (23)“Fillet" means the slab side of fish from which the viscera, head, tail and bones have been removed, except for the pin bones, which may or may not have been removed.
NR 25.02(24) (24)“Final consumer" means the last or ultimate person who obtains a fish for its final use for eating or otherwise.
NR 25.02(25) (25)“Final consumption" means the last or ultimate use of a fish by eating or otherwise.
NR 25.02(26) (26)“Fish" means any processed or unprocessed fish of those species which are found in the waters of the state as defined in s. 281.01 (18), Stats., including parts of fish, fish eggs or fish products.
NR 25.02(28) (28)“Fisher" means any person engaged in fishing.
NR 25.02(31) (31)“Foreign lake trout" means lake trout harvested outside of Wisconsin and imported into the state.
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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.