Chapter NR 25

NR 25.027(19) (19) “Entrapping nets" means trap nets as defined in sub. (48), and entrapping nets as described in s. 29.522 (1), Stats.

NR 25.027(20) (20) “Fish Creek" means that body of water in Door county lying south and east of a line commencing at the most northerly point in the southwest quarter of section 29, township 31 north, range 27 east at N45°07.925‵, W87°14.926‵, and running northeasterly in a straight line to the water's edge on the north line of that section, township and range at N45°08.480 ‵, W87°14.505‵.

NR 25.027 Note Note: All latitude and longitude coordinates are expressed in degrees and minutes.

NR 25.027(21) (21) “Fleet reporting program" means a program of catch assignment and reporting under s. NR 25.135.

NR 25.027(22) (22) “Float plan" means a description of the day's proposed commercial fishing activity that includes the commercial fisher's name, commercial fishing license number or fleet reporting number, date and intended time of leaving the pier or shore for commercial fishing activity, targeted species, port of departure, intended port of return, intended time of return, and the type of commercial fishing gear involved.

NR 25.027(23) (23) “Harvest limit", “harvest quota", “total allowable annual commercial harvest", or “the total allowable commercial harvest" means the total number of pounds of fish as established in this chapter which may be landed in a license year from the outlying waters or any portion thereof, except as otherwise prescribed in this chapter.

NR 25.027(24) (24) “ High value species" means whitefish when a commercial fisher's whitefish individual catch quota in any zone is less than 13,656 pounds and yellow perch.

NR 25.027(25) (25)  “Home use fisher” means an enrolled tribal member of either the Bad River or Red Cliff band of Chippewa Indians exercising off-reservation fishing rights in Lake Superior recognized by State v. Gurnoe, 53 Wis. 2d 390 (1972), who takes fish for non-commercial disposition, including consumption by the member or member's family or donation for charitable purposes.

NR 25.027(26) (26) “Immediate family" means the spouse, children by birth or adoption, parents or siblings.

NR 25.027(27) (27) “Incapacity" means the inability to communicate in any manner, hospitalization with a terminal illness or terminal injuries as certified by a licensed physician, or an adjudication of incompetency as defined in s. 54.10 (3), Stats.

NR 25.027(28) (28) “Jackson Harbor" means that body of water in Door county lying south and west of a line commencing at the most northerly point in section 27, township 34 north, range 30 east at N45°24.061‵, W86°50.876‵, and running in a straight line northwesterly to the most easterly point in the northeast quarter of section 28, same township and range at N45°24.226 ‵, W86°51.141‵.

NR 25.027 Note Note: All latitude and longitude coordinates are expressed in degrees and minutes.

NR 25.027(29) (29) “Licensed commercial fisher" means a person currently licensed under s. 29.519 (1m) (a), Stats.

NR 25.027(30) (30) “Little Sturgeon Bay" means that body of water in Door county lying south of a line commencing at the most northeast point in section 35, township 28 north, range 24 east at N44°51.098‵, W87°33.022‵, and running in a northeasterly direction to the most northerly point in section 36, same township and range at N44°51.486‵, W87°31.900‵.

NR 25.027 Note Note: All latitude and longitude coordinates are expressed in degrees and minutes.

NR 25.027(31) (31) “Lost net" means a commercial fishing net that cannot be located by the commercial fisher within 24 hours after the net was required to be lifted or a commercial fishing net that is missing or was stolen, regardless of the net's last known location.

NR 25.027(32) (32) “Moonlight Bay" means that body of water in Door county lying north and west of a line commencing at the most northeast point in section 15, township 30 north, range 28 east at N45°04.403‵, W87°04.823‵, and running in a straight line northeasterly to the most southerly point in section 14, same township and range at N45°04.706‵, W87 °03.909‵.

NR 25.027 Note Note: All latitude and longitude coordinates are expressed in degrees and minutes.

NR 25.027(33) (33) “Non-work days" for a commercial fisher licensed under s. 29.519 (1m), Stats., means Sundays, January 1 (New Year's Day), third Monday in January (Martin Luther King Jr.'s birthday), Good Friday, last Monday in May (Memorial Day), July 4th (Independence Day), first Monday in September (Labor Day), fourth Thursday in November (Thanksgiving Day), December 24th (Christmas Eve), December 25th (Christmas Day) and December 31st (New Year's Eve).

NR 25.027(34) (34) “North Bay" means that body of water in Door county lying north of a line commencing at the most northeast point in section 35, township 31 north, range 28 east at N45°07.492‵, W87°03.455‵, and running in a straight line to the west line of section 25, same township and range at N45°08.200 ‵, W87°03.017‵.

NR 25.027 Note Note: All latitude and longitude coordinates are expressed in degrees and minutes.

NR 25.027(35) (35) “Northern and southern Green Bay line" means that line described as a line in Green Bay drawn from the most northerly point of Friedmann's point at Fish creek at N45°07.925‵, W87°14.926‵, located in the southwest quarter of section 29, township 31 north, range 27 east, Door county; thence northwesterly to the most southeasterly point of Chambers island at N45°09.505‵, W87°19.714‵; thence along the southwest shoreline to the most southwesterly point of Chambers island at N45°10.680‵, W87°22.608‵; thence due west to the Wisconsin-Michigan boundary line at N45°10.680‵, W87°24.775‵.

NR 25.027 Note Note: All latitude and longitude coordinates are expressed in degrees and minutes.

NR 25.027(36) (36) “Northern chub fishing zone" means those waters of Lake Michigan lying north of a line extending from the mid-channel marker buoy of Baileys Harbor on a 135º bearing, and east of a line from the point where the line extending on a 135º bearing from the mid-channel marker buoy of Baileys Harbor intersects the 35 fathom contour, to the easternmost point of Rock Island at N45°24.454‵, W86°48.313‵, then following the northeast shore of Rock Island to the northernmost point of Rock Island at N45°25.709‵, W86°49.691‵, then proceeding north to the Wisconsin-Michigan state line at N45°26.648‵, W86°49.691‵.

NR 25.027 Note Note: All latitude and longitude coordinates are expressed in degrees and minutes.

NR 25.027(37) (37) “Northern Green Bay" means those waters of Green Bay lying north of the northern and southern Green Bay line.

NR 25.027(38) (38) “Northern Green Bay-Lake Michigan line" means that line commencing at the northwest side of the Northport dock where it joins the shoreline in section 29, township 33 north, range 29 east at N45°17.443‵, W86 °58.647‵; thence in a northeasterly direction to the range light (signal light) on Plum island at N45°18.225‵, W86°57.298‵; thence along the north and west shore of Plum island to the U.S. coast guard station at N45°18.782‵, W86°56.877‵; thence northerly to the southwesterly point of Shellswick dock at N45°20.016‵, W86°56.451‵, which is located on Lodbell's point on Washington island; thence along this dock to the shoreline of Lodbell's point; thence along the west shore of Washington island to Boyer's Bluff light at N45°25.211‵, W86°56.189‵; thence due north to the Michigan-Wisconsin boundary line at N45°26.648‵, W86°56.362‵.

NR 25.027 Note Note: All latitude and longitude coordinates are expressed in degrees and minutes.

NR 25.027(39) (39) “Riley's Bay" means that body of water in Door county lying south of a line commencing at the most northerly point in section 36, township 28 north, range 24 east at N44°51.486‵, W87°31.900‵, and running in a northeasterly direction to the most northerly point in section 30, township 28 north, range 25 east at N44°52.369‵, W87°31.007‵.

NR 25.027 Note Note: All latitude and longitude coordinates are expressed in degrees and minutes.

NR 25.027(40) (40) “Rowley's Bay" means that body of water in Door county lying north of a line commencing at the water's edge on south line of section 25, township 32 north, range 28 east at N45°12.535‵, W87°01.954‵ and running southeasterly to the most southerly point in section 32, township 32 north, range 29 east at N45°12.695‵, W87°00.158‵.

NR 25.027 Note Note: All latitude and longitude coordinates are expressed in degrees and minutes.

NR 25.027(41) (41) “Southern chub fishing zone" means those waters of Lake Michigan lying south of a line extending east from the entrance of Kewaunee harbor at N44°27.459‵, W87°29.522‵ to its intersection with the 45 fathom (270 feet) depth contour, then proceeding northerly along the 45 fathom depth contour to its intersection with a line extending east from the entrance of Algoma harbor at N44°36.397‵, W87 °25.792‵, then proceeding east along a line from the entrance of Algoma harbor at N44°36.397‵, W87°25.792‵ to its intersection with the Wisconsin-Michigan state line at N44°36.397‵, W86 °48.390‵.

NR 25.027 Note Note: All latitude and longitude coordinates are expressed in degrees and minutes.

NR 25.027(42) (42) “Southern Green Bay" means those waters of Green Bay lying south of the northern and southern Green Bay line, including the Fox river as far as the dam at DePere, and westerly of the Southern Green Bay — Lake Michigan line.

NR 25.027(43) (43) “Southern Green Bay — Lake Michigan line" means that line commencing at a point on the southwest shore of the Sturgeon Bay ship canal directly beneath the center of the Wisconsin public service company power line and extending in a northeasterly direction directly beneath and parallel to the center of the power line to a point on the northeast shore of the ship canal, all located in NE1/4 NW1/4, section 22, township 27 north, range 26 east, Door county.

NR 25.027(44) (44) “St. Louis Bay" means that body of water in Douglas county lying between a line commencing at the most northerly point of section 10, township 49 north, range 14 west, running due north to the Minnesota boundary, and the north line of sections 20 and 21, running due west to the Minnesota boundary.

NR 25.027(45) (45) “Standard fish box" means any container with outer dimensions no greater than 18 inches in width, 32 inches in length and 12 inches in depth used or designed for holding fish.

NR 25.027(46) (46) “Sturgeon Bay" means that body of water in Door county lying south and east of a line commencing at the most northerly point of section 23, township 28 north, range 25 east at N44°53.582‵, W87°26.043‵, and running in a northeasterly direction to the water's edge on north line of section 13, same township and range at N44°54.451‵, W87 °24.390‵.

NR 25.027 Note Note: All latitude and longitude coordinates are expressed in degrees and minutes.

NR 25.027(47) (47) “Superior Bay" means that body of water in Douglas county lying south and east between Minnesota point and the main land of Douglas county extending from a line drawn from the most southerly point in section 20, township 49 north, range 13 west, to the most northerly point in section 29, same township and range.

NR 25.027(48) (48) “Trap net" means a device constructed of netting, which may employ wings or wings and leads, directing the movement of fish through a tunnel of netting into inner hearts or built-in forebays wherein they are trapped by their own movement. Such nets may be referred to as shallow trap nets, submarine trap nets or deep water trap nets but shall not include drop nets or fyke nets.

NR 25.027(49) (49) “Trawl” means a large conical bag of netting to which are often attached wings of netting, which is towed in the water and weighted such that its sweep line maintains contact with the bottom throughout the drag, and captures fish by scooping rather than encircling them. The mouth of the bag is normally kept open laterally by 2 large boards, one on each side so rigged that they serve to spread the entire net, and these boards are secured to towing lines running to the vessel or vessels engaged in towing the net through the water.

NR 25.027(50) (50) “Treaty fisher" means an enrolled tribal member of either the Bad River or Red Cliff bands of Chippewa Indians exercising off-reservation commercial fishing rights in Lake Superior recognized by State v. Gurnoe, 53 Wis. 2d 390 (1972).

NR 25.027(51) (51) “Washington Harbor" means that body of water in Door county lying south of a line commencing at the water's edge on the north line of section 25, township 34 north, range 29 east at N45°24.344‵, W86°55.714‵, and running in a straight line easterly to the water's edge on the north line of section 25, same township and range at N45°24.357‵, W86 °55.014‵.

NR 25.027 Note Note: All latitude and longitude coordinates are expressed in degrees and minutes.

NR 25.027(52) (52) “West Harbor" means that body of water in Door county and adjoining water in sections 2, 10 and 11, township 33 north, range 29 east, lying east of a line starting at the most northwesterly point of land in section 10 of township 33 north, range 29 east at N45°21.511‵, W86°57.224‵, and running in a northerly direction to the most northwesterly point of land in section 2, township 33 north, range 29 east at N45°22.453‵, W86°57.077‵.

NR 25.027 Note Note: All latitude and longitude coordinates are expressed in degrees and minutes.

NR 25.027(53) (53) “ WI-1” and “WI-2” mean Wisconsin Statistical Districts l and 2 as defined in the Lake Trout Management Plan of the Lake Superior Technical Committee of the Great Lakes Fishery Commission. The line between the districts extends due north from the northernmost tip of Bark Point at N46° 53.21‵, W91°11.16‵ with WI-1 waters to the west and WI-2 waters east to the Michigan border.

NR 25.027(54) (54) “Zone 1" means all waters in southern Green Bay.

NR 25.027(55) (55) “Zone 2" means all waters in northern Green Bay and all Lake Michigan waters north of a line running due east from the eastern shore of Door county along 44° 40‵ north latitude to the Wisconsin-Michigan state boundary at N44°40.000 ‵, W86°46.820‵.

NR 25.027(56) (56) “Zone 3" means all waters of Lake Michigan south of a line running due east from the eastern shore of Door county along 44º 40‵ north latitude to the Wisconsin-Michigan state boundary at N44°40.000‵, W86°46.820‵.

NR 25.027 History History: CR 23-008: cr. (title), (intro.), renum. (1) to (24) from NR 25.02 (1), (2), (2m), (3m), (4), (5), (8), (9), (9m), (10), (13), (14), (17) to (22), (27), (29), (30), (32), (33) and, as renumbered, am. (3), (8), (24), cr. (25), renum. (26) to (55) from NR 25.02 (35), (37), (38), (40) to (49), (54), (55), (57) to (61), (63) to (72) Register October 2023 No. 814, eff. 11-1-23; correction in (19) made under s. 13.92 (4) (b) 7., Stats., Register October 2023 No. 814.

NR 25.03 NR 25.03  Commercial fishing licenses.

NR 25.03(1) (1)  Lake Superior.

NR 25.03(1)(a) (a)

NR 25.03(1)(a)1. 1. Not more than 10, subject to subd. 2., licenses authorizing commercial fishing in Lake Superior may be issued for each license year except that this section does not apply to licenses for fishing only for the harvest of rough fish from outlying waters under permit or contract issued under s. 29.417 or 29.421, Stats.

NR 25.03(1)(a)2. 2. Notwithstanding the total number of licenses established in subd. 1., the department may issue up to 21 licenses authorizing commercial fishing in Lake Superior if required by the terms of cooperative agreements between the department and persons licensed during the 1995-1996 license year.

NR 25.03(1)(a)3. 3. A person may hold more than one license under s. 29.519 (1m), Stats., for commercial fishing on Lake Superior, if the person meets the criteria of par. (b) for each license separately.

NR 25.03 Note Note: The Wisconsin Attorney General and the Department of Natural Resources interpret LeClair et al. v. Natural Resources Board and DNR, 168 Wis. 2d 227 (Ct. App. 1992), (review denied June 2, 1992) and prior cases to hold that commercial fishing licenses and quotas do not establish property rights and are subject to the full regulatory authority of the state. By voluntarily withdrawing from the commercial fishery in conjunction with the creation of this subdivision and the amendment of ss. NR 25.03 (1) (a) and 25.06 (1) (a) 2., (effective February 1, 1997), participating commercial fishers acknowledge this interpretation and agree to cooperate in reducing the size of the commercial fishery while enhancing the lake trout fishery of Lake Superior.

NR 25.03(1)(b) (b) Applications for licenses authorizing commercial fishing on Lake Superior which have been filed in accordance with sub. (3) shall be reviewed, and approved or denied, pursuant to the following criteria:

NR 25.03(1)(b)1. 1. The applicant shall show proof of a $5,000 investment in commercial fishing equipment not to include vehicles other than those directly employed in operating nets.

NR 25.03(1)(b)2. 2. Any applicant failing to meet the criteria of this paragraph will not be eligible to reapply for a license until the application period for the succeeding license year.

NR 25.03(1)(c) (c) Licenses shall be issued according to the following priorities to applicants otherwise qualified under par. (b):

NR 25.03(1)(c)1. 1. First to individuals who have been licensed commercial fishers on Lake Superior during the preceding license year and who are applying for renewal of that license.

NR 25.03(1)(c)2. 2. Next to individuals who were not licensed the preceding license year, but who had been licensed commercial fishers on Lake Superior for at least 2 years.

NR 25.03(1)(c)3. 3. Next to individuals who worked as a licensed crew member on Lake Superior under s. 29.519 (4) (a), Stats., for at least 2 years.

NR 25.03(1)(c)4. 4. Next to other Wisconsin residents and nonresidents residing in states allowing Wisconsin residents similar privileges.

NR 25.03(1)(c)5. 5. When the number of qualified applicants for licenses exceed the number of licenses available and those applicants are not affected by the priorities established in subds. 1. to 4., the licenses shall be awarded on the basis of random selection from all eligible applications.

NR 25.03(1)(d) (d) The Lake Superior commercial fishing board shall review applications for licenses and recommend approval or denial of licenses to the department no later than one month before the end of the license year preceding the license year for which application is being made.

NR 25.03(2) (2)  Lake Michigan.

NR 25.03(2)(a) (a) No more than 65 licenses authorizing commercial fishing in Lake Michigan may be issued for each license year. This section does not apply to licenses for fishing only for the harvest of rough fish from outlying waters under a permit or contract issued under s. 29.417 or 29.421, Stats.

NR 25.03(2)(am) (am) A person may hold more than one license under s. 29.519 (1m), Stats., for commercial fishing on Lake Michigan, if the person meets the criteria of par. (b) for each license separately.

NR 25.03(2)(b) (b) Applications for licenses authorizing commercial fishing in Lake Michigan which have been filed in accordance with sub. (3) shall be reviewed, and approved or denied, pursuant to the following criteria:

NR 25.03(2)(b)1. 1. The applicant shall show proof of a $5,000 investment in commercial fishing equipment not to include vehicles other than those directly employed in operating nets.

NR 25.03(2)(b)2. 2. Any applicant failing to meet the criteria of this paragraph will not be eligible to reapply for a license until the application period for the succeeding license year.

NR 25.03(2)(c) (c) Licenses shall be issued according to the following priorities to applicants otherwise qualified under par. (b):

NR 25.03(2)(c)1. 1. First to individuals who have been licensed commercial fishers on Lake Michigan during the preceding license year and who are applying for renewal of that license.

NR 25.03(2)(c)2. 2. Next to individuals who were not licensed the preceding license year, but who had been licensed commercial fishers on Lake Michigan for at least 2 years.

NR 25.03(2)(c)3. 3. Next to individuals who worked as a licensed crew member on Lake Michigan under s. 29.519 (4) (a), Stats., for at least 2 years.

NR 25.03(2)(c)4. 4. Next to other Wisconsin residents and nonresidents residing in states allowing Wisconsin residents similar privileges.

NR 25.03(2)(c)5. 5. When the number of qualified applicants for licenses exceed the number of licenses available and those applicants are not affected by the priorities established in subds. 1. to 4., the licenses shall be awarded on the basis of random selection from all eligible applications.

NR 25.03(2)(d) (d) The Lake Michigan commercial fishing board shall review applications for licenses and recommend approval or denial of licenses to the department no later than one month before the end of the license year preceding the license year for which application is being made.

NR 25.03(3) (3)  Application. Application for licenses authorizing commercial fishing in the outlying waters shall be made on forms available from the department and shall be returned to the department no later than 60 days before the license year for which application is being made. To be timely, applications, if mailed, must be postmarked no later than 60 days before the license year for which application is being made and if submitted to the department other than by mail must be received and stamped with a date stamp of the department indicating receipt no later than 60 days before the license year for which application is being made. Late applications for licenses may not be acted upon by the department but shall be returned to the applicant along with the applicant's license fee.

NR 25.03(4) (4)  Rough fish licenses. This section does not apply to licenses for fishing only for the harvest of rough fish from outlying waters under permit or contract issued under s. 29.417 or 29.421, Stats.

NR 25.03 History History: Cr. Register, September, 1976, No. 249, eff. 10-1-76; r. and recr. Register, October, 1979, No. 286, eff. 11-1-79; am. (1), Register, August, 1980, No. 296, eff. 9-1-80; am. (1) (a), (2) (a) and (3), cr. (2) (b) and (c), Register, March, 1981, No. 303, eff. 4-1-81; am. (1) (a), (2) (c) 5. and (3), r. and recr. (1) (b) 2. and 3., (2) (a), r. (2) (b) and (2) (c) 3., renum. (2) (c) (intro.), 1. and 2. to be (2) (b) (intro.) 1. and 2., renum. (1) (b) 4. to be (1) (c) and am., renum. (1) (b) 5. to be (1) (c) 5. and am., renum. (1) (c) to be (1) (d) and am., renum. (2) (c) 4. to be (2) (c) and am., cr. (2) (b) 3., Register, June, 1983, No. 330, eff. 7-1-83; emerg. am. (2) (a), (b) (intro.) and (c) (intro.), cr. (2) (d), (e) and (f), eff. 5-5-86; am. (2) (a) and (b) (intro.), cr. (2) (d) and (e), Register, December, 1986, No. 372, eff. 1-1-87; am. (2) (a), (b) (intro.) and 1., r. (2) (b) 2. intro. and a., (2) (c) to (e), renum. (2) (b) 2. b. to be (2) (b) 2. and am., r. and recr. (2) (b) 3., Register, April, 1988, No. 388, eff. 5-1-88; cr. (2) (b) 4., Register, June, 1989, No. 402, eff. 7-1-89; emerg. r. (2) (b) 2., renum. (2) (b) 3. and 4. to be 2. and 3. and am. 3., am. (3), cr. (4) eff. 4-1-91; r. (2) (b) 2., renum. (2) (b) 3. and 4. to be 2. and 3. and am. 3., am. (3), cr. (4), Register, August, 1991, No. 428, eff. 9-1-91; am. (1) (b) 2., Register, November, 1993, No. 455, eff. 12-1-93; cr. (1) (a) 2., Register, January, 1997, No. 493, eff. 2-1-97; r. and recr. (2) (b) 3., cr. (2) (b) 4. and 5., Register, March, 1998, No. 507, eff. 4-1-98; am. (2) (b) 3. a. and b., Register, June, 2001, No. 546, eff. 7-1-01; CR 08-060: cr. (1) (a) 3. and (2) (am) Register June 2009 No. 642, eff. 7-1-09; CR 09-016: am. (1) (b) to (d), (2) (a) and (3), r. (2) (b) 2., renum. (2) (b) 3. to 5. to be (2) (b) 2. to 4. and am., cr. (2) (b) 5., (c) and (d) Register January 2010 No. 649, eff. 2-1-10; CR 13-001: am. (1) (b) (intro.), r. (1) (b) 2. to 4., renum. (1) (b) 5. to 2., am. (2) (b) (intro.), r. (2) (b) 2. to 4., renum. (2) (b) 5. to 2. Register August 2013 No. 692, eff. 9-1-13.

NR 25.04 NR 25.04  Transfer of commercial fishing licenses. Any licensed commercial fisher may transfer their valid license authorizing commercial fishing in the outlying waters to another person who meets the criteria under s. NR 25.03 and s. 29.519, Stats., for obtaining such a license, subject to the conditions stated in this section.

NR 25.04(1) (1) Application for license transfers shall be made on forms provided by the department.

NR 25.04(2) (2) A licensee may designate on the application for their license authorizing commercial fishing in the outlying waters a person to whom the licensee wishes that license to be transferred in the event of the licensee's death or incapacity. This designation may be changed during the license year as requested in writing by the licensee. The designated person would have to meet the criteria under this section for the transfer to occur.