NR 25.07(2)(am)2.c.
c. Whenever the total amount of chubs allocated under subd.
2. a. does not equal the amount provided in subd.
2., the surplus shall be divided equally among permittees under subd.
2. NR 25.07(2)(am)4.
4. Any permittee with an individual chub quota allotment under subd.
1. a. and
b. may transfer up to 100% of his or her allotted chub quota to another permittee with an individual chub quota allotment under subd.
1. a. and
b. A quota transfer under this subdivision shall be in effect only during the current license year, and shall be subject to sub.
(6).
NR 25.07(2)(am)5.
5. Any permittee with an individual chub quota allotment under subd.
1. may temporarily transfer, for the remainder of the current license year, all or part of his or her individual chub quota allotment to a person who holds a permit under subd.
2., subject to s.
NR 25.08 (intro.),
(1),
(4), and
(5). However, a quota transfer approved under s.
NR 25.08 (5) is not valid and may not be fished until either of the following occurs:
NR 25.07(2)(am)5.a.
a. The transferee reaches his or her limit under subd.
2. a. upon taking 10% of the “racehorse" allotment made under subd.
2. during the license year; or
NR 25.07(2)(am)5.b.
b. The department, acting under subd.
6., has closed the southern chub zone “racehorse" fishery by notifying permittees fishing under subd.
2. to cease fishing; all of the transferee's nets in the water have been lifted and the legal fish in the nets harvested; and one calendar day has passed.
NR 25.07(2)(am)6.
6. The department shall notify permittees to cease fishing upon receipt of information that 85% of their allotment as established in par.
(am) 1. and
2. has been harvested except that all nets in the water shall be lifted under s.
NR 25.09 (2) (a) 10., and the legal fish therein harvested.
NR 25.07(2)(b)1.1. No person may fish for yellow perch with commercial gear in zone 1 unless the person has a permit for that zone issued by the department under this paragraph.
NR 25.07(2)(b)2.
2. Yellow perch fishing permits and individual licensee catch quotas for zone 1 shall be issued to all applicants:
NR 25.07(2)(b)2.b.
b. Who reported a commercial harvest of yellow perch legally taken while operating under their commercial fishing license issued under s.
29.519, Stats., from the Wisconsin waters of Green Bay between January 1, 1979 and December 31, 1982, and
NR 25.07(2)(b)2.c.
c. Who applied for and received a Green Bay yellow perch fishing permit or a yellow perch fishing permit for zone 1 for the license year preceding the license year for which the permit application is being made.
NR 25.07(2)(b)2.d.
d. Any licensee who fails to apply for and receive a permit under this paragraph is not eligible for future yellow perch fishing permits under this paragraph until the provisions of subd.
3. b. are applicable.
NR 25.07(2)(b)3.
3. The individual licensee catch quota issued to each permittee shall be determined as follows:
NR 25.07(2)(b)3.a.
a. Each permittee shall receive a percentage of the total allowable annual commercial harvest as established by s.
NR 25.06 (2) (b) 1. That percentage shall be calculated by dividing the total commercial harvest of yellow perch from the Wisconsin waters of Green Bay reported under that license during the period from January 1, 1979 through December 31, 1982, by the overall total reported commercial harvest of yellow perch from those waters during that period, and multiplying the result by 100. The resulting percentage shall be rounded off to 2 decimal places or to hundredths of a percent. Any resulting percentage of less than 0.01% shall be considered 0.01% for allocation of an individual licensee catch quota. The individual licensee catch quotas will be allocated in whole pound increments.
NR 25.07 Note
Note: If during the base catch period (January, 1979 — December 1982), a permittee reported catching a total of 20,200 pounds of perch and the overall total reported perch harvest was 1,600,000 pounds, that permittee's individual license catch quota percentage would be 1.26%. If the total allowable annual commercial harvest was set at 100,000 pounds, that permittee's individual licensee catch quota would be 1,260 pounds.
NR 25.07(2)(b)3.b.
b. Any future increase of the total allowable annual commercial harvest as established by s.
NR 25.06 (2) (b) 1. that exceeds 521,285 pounds shall be divided equally among all licensed commercial fishers who apply for yellow perch fishing permits, regardless of past yellow perch harvest records.
NR 25.07(2)(b)4.
4. Fishing under permits issued under subd.
2. may be done from any boat listed on the permittee's commercial fishing license or through the ice.
NR 25.07(2)(bg)1.1. No person may fish for yellow perch with commercial gear in zone 2 unless the person has a permit for that zone issued by the department under this paragraph.
NR 25.07(2)(bg)2.
2. A yellow perch fishing permit and individual licensee catch quota for zone 2 shall be issued to each applicant who holds a commercial fishing license issued under s.
29.519, Stats., reported a commercial harvest of yellow perch legally taken from zone 2 between January 1, 1983 and December 31, 1987 and, effective July 1, 1990, applied for and received a yellow perch fishing permit for zone 2 for the license year preceding the license year for which the permit application is being made.
NR 25.07(2)(bg)3.
3. Each permittee shall be allowed a total annual harvest or individual licensee catch quota of yellow perch assigned as a percentage of the harvest limit established by s.
NR 25.06 (2) (b) 2. Each individual licensee catch quota shall be determined by dividing the total commercial harvest of yellow perch from zone 2 during the period from January 1, 1983 to December 31, 1987, reported under that license by the total reported commercial harvest of yellow perch from zone 2 during that period, and multiplying the result by 100.
NR 25.07(2)(bg)4.
4. In determining individual licensee catch quotas under subd.
3., the resulting percentages shall be rounded off to hundredths of a percent. The individual licensee catch quotas shall be allocated in whole pound increments.
NR 25.07(2)(br)1.1. No person may fish for yellow perch with commercial gear in zone 3 unless the person has a permit for that zone issued by the department under this paragraph.
NR 25.07(2)(br)2.
2. A yellow perch fishing permit and individual licensee catch quota for zone 3 shall be issued to each applicant who holds a commercial fishing license issued under s.
29.519, Stats., reported a commercial harvest of yellow perch legally taken from zone 3 between January 1, 1984 and December 31, 1988 and, effective July 1, 1990, applied for and received a yellow perch fishing permit for zone 3 for the license year preceding the license year for which the permit application is being made.
NR 25.07(2)(br)3.
3. Each permittee shall be allowed a total annual harvest or individual licensee catch quota of yellow perch assigned as a percentage of the harvest limit established by s.
NR 25.06 (2) (b) 3. Each individual licensee catch quota shall be determined by dividing the total commercial harvest of yellow perch form zone 3 during the period from January 1, 1984 to December 31, 1988, reported under that license by the total reported commercial harvest of yellow perch from zone 3 during that period, and multiplying the result by 100.
NR 25.07(2)(br)4.
4. In determining individual licensee catch quotas under subd.
3., the resulting percentages shall be rounded off to hundredths of a percent. The individual licensee catch quotas shall be allocated in whole pound increments.
NR 25.07(2)(c)1.1. No person may fish for menominees with commercial gear in zone 1, 2 or 3 unless the person has a permit for that zone issued by the department under this paragraph.
NR 25.07(2)(c)2.
2. A menominee fishing permit and individual licensee catch quota for zone 1, 2 or 3, respectively, shall be issued to each applicant who:
NR 25.07(2)(c)2.b.
b. Effective July 1, 1990, applied for and received a menominee fishing permit for the respective zone for the license year preceding the license year for which the permit application is being made; and
NR 25.07(2)(c)2.c.
c. Reported a commercial harvest of menominees legally taken from zone 1 between January 1, 1979 and December 31, 1988, from zone 2 between January 1, 1983 and December 31, 1987, or from zone 3 between January 1, 1984 and December 31, 1988.
NR 25.07(2)(c)3.
3. Each permittee shall be allowed a total annual harvest or individual licensee catch quota of menominees assigned as a percentage of the harvest limit established by s.
NR 25.06 (2) (d) 2. Each individual licensee catch quota shall be determined as follows:
NR 25.07(2)(c)3.a.
a. In zone 1, by dividing the total menominee commercial harvest from zone 1 during the period from January 1, 1979 to December 31, 1988 reported under that license by the total reported commercial harvest of menominee from zone 1 during that period, and multiplying the result by 100.
NR 25.07(2)(c)3.b.
b. In zone 2, by dividing the total menominee commercial harvest from zone 2 during the period from January 1, 1983 to December 31, 1987 reported under that license by the total reported commercial harvest of menominee from zone 2 during that period, and multiplying the result by 100, or
NR 25.07(2)(c)3.c.
c. In zone 3, by dividing the total menominee commercial harvest from zone 3 during the period from January 1, 1984 to December 31, 1988 reported under that license by the total reported commercial harvest of menominee from zone 3 during that period, and multiplying the result by 100.
NR 25.07(2)(c)4.
4. In determining individual licensee catch quotas under subd.
3., the resulting percentages shall be rounded off to hundredths of a percent. The individual licensee catch quotas shall be allocated in whole pound increments.
NR 25.07(2)(d)1.1. No person may fish for whitefish with commercial gear in zone 1 unless the person has a permit for that zone issued by the department under this paragraph.
NR 25.07(2)(d)2.
2. A whitefish fishing permit and individual licensee catch quota for zone 1 shall be issued to each applicant who:
NR 25.07(2)(d)2.b.
b. Effective July 1, 1990, applied for and received a whitefish fishing permit for zone 1 for the license year preceding the license year for which the permit application is being made; and
NR 25.07(2)(d)2.c.
c. Reported a commercial harvest of whitefish legally taken from zone 1 between January 1, 1979 and December 31, 1988.
NR 25.07(2)(d)3.
3. Each permittee shall be allowed a total annual harvest or individual licensee catch quota of whitefish assigned as a percentage of the harvest limit established by s.
NR 25.06 (2) (e) 2. Each individual licensee catch quota shall be determined by dividing the total whitefish commercial harvest from zone 1 during the period from January 1, 1979 to December 31, 1988, reported under that license by the total reported commercial harvest of whitefish from zone 1 during that period, and multiplying the result by 100.
NR 25.07(2)(d)4.
4. In determining individual licensee catch quotas under subd.
3., the resulting percentages shall be rounded off to hundredths of a percent. The individual licensee catch quotas shall be allocated in whole pound increments.
NR 25.07(2)(e)1.1. No person may fish for whitefish with commercial gear in zone 2 unless the person has a permit for that zone issued by the department under this paragraph.
NR 25.07(2)(e)2.
2. A whitefish fishing permit and individual licensee catch quota for zone 2 shall be issued to each applicant who:
NR 25.07(2)(e)2.b.
b. Effective July 1, 1990, applied for and received a whitefish fishing permit for zone 2 for the license year preceding the license year for which the permit application is being made; and
NR 25.07(2)(e)2.c.
c. Reported a commercial harvest of whitefish legally taken from zone 2 between January 1, 1980 and December 31, 1988.
NR 25.07(2)(e)3.
3. Each permittee shall be allowed a total annual harvest or individual licensee catch quota of whitefish assigned as a percentage of the harvest limit established by s.
NR 25.06 (2) (d) 2. Each individual licensee catch quota shall be determined by dividing the total whitefish commercial harvest from zone 2 during the period from January 1, 1980 to December 31, 1988 reported under that license by the total reported commercial harvest of whitefish from zone 2 during that period, and multiplying the result by 100.
NR 25.07(2)(e)4.
4. In determining individual licensee catch quotas under subd.
3., the resulting percentages shall be rounded off to hundredths of a percent. The individual licensee catch quotas shall be allocated in whole pound increments.
NR 25.07(2)(e)5.
5. Licensees with an individual licensee catch quota issued under this paragraph may fish for whitefish in either the Green Bay waters of zone 2, the Lake Michigan waters of zone 2, or both. Licensees shall cease fishing for whitefish in either the Green Bay waters of zone 2, the Lake Michigan waters of zone 2, or both as follows:
NR 25.07(2)(e)5.a.
a. When the whitefish total allowable commercial harvest in Green Bay as established under s.
NR 25.06 (2) (e) 2. a. less the zone 1 allowable harvest set under s.
NR 25.06 (2) (e) 2. b. has been reported caught, the department shall notify licensees to cease fishing for whitefish in Green Bay waters of zone 2, except that all whitefish nets in the water shall be lifted or rendered inoperable under s.
NR 25.09 (2) (a) 10. or
(b) 2. and the legal fish may be harvested.
NR 25.07(2)(e)5.b.
b. When the whitefish total allowable commercial harvest in Lake Michigan as established under s.
NR 25.06 (2) (e) 2. a. less the zone 3 allowable harvest set under s.
NR 25.06 (2) (e) 2. b. has been reported caught, the department shall notify licensees to cease fishing for whitefish in Lake Michigan waters of zone 2, except that all whitefish nets in the water shall be lifted or rendered inoperable under s.
NR 25.09 (2) (a) 10. or
(b) 2. and the legal fish may be harvested.
NR 25.07(2)(f)1.1. No person may fish for whitefish with commercial gear in zone 3 unless the person has a permit for that zone issued by the department under this paragraph.
NR 25.07(2)(f)2.
2. A whitefish fishing permit and individual licensee catch quota for zone 3 shall be issued to each applicant who:
NR 25.07(2)(f)2.b.
b. Effective July 1, 1990, applied for and received a whitefish fishing permit for zone 3 for the license year preceding the license year for which the permit application is being made; and
NR 25.07(2)(f)2.c.
c. Reported a commercial harvest of whitefish legally taken from zone 3 between January 1, 1984 and June 30, 1989.
NR 25.07(2)(f)3.
3. Each permittee shall be allowed a total annual harvest or individual licensee catch quota of whitefish assigned as a percentage of the harvest limit established by s.
NR 25.06 (2) (d) 2. Each individual licensee catch quota shall be determined by dividing the total whitefish commercial harvest from zone 3 during the period from January 1, 1984 to June 30, 1989 reported under that license by the total reported commercial harvest of whitefish from zone 3 during that period, and multiplying the result by 100.
NR 25.07(2)(f)4.
4. In determining individual licensee catch quotas under subd.
3., the resulting percentages shall be rounded off to hundredths of a percent. The individual licensee catch quotas shall be allocated in whole pound increments.
NR 25.07(2)(g)1.1. No person may fish for smelt with commercial gear in Lake Michigan or Green Bay unless the person is authorized to do so by a permit issued by the department under subd.
2. or
5., and the person complies with the terms and conditions of the permit, this chapter and s.
29.519, Stats.
NR 25.07(2)(g)2.
2. A “racehorse" smelt fishery permit for Lake Michigan and Green Bay shall be issued to each applicant who holds a valid commercial fishing license issued under s.
29.519, Stats. Licensees who hold a permit under both this subdivision and subd.
5. may not fish in the “racehorse" smelt fishery until all individual licensee catch quotas issued under subd.
5. have been reported caught. Trawl gear may not be used to harvest smelt in the “racehorse" smelt fishery except by licensees who hold a permit under both this subdivision and subd.
5. NR 25.07(2)(g)3.
3. Permittees under subd.
2. may harvest smelt from either Green Bay or Lake Michigan, or both, but shall cease fishing for smelt in Green Bay and in Lake Michigan, respectively, when notified by the department. Notwithstanding s.
NR 25.06 (2) (c) 2m., the department shall notify all “racehorse" smelt fishery permittees to cease fishing in Green Bay or Lake Michigan upon receipt of information that 85% of the smelt allocated under subd.
4. for the “racehorse" fishery for Green Bay or Lake Michigan, respectively, has been caught, except that all nets in the water shall be lifted under s.
NR 25.09 (2) (a) 10., and the legal fish harvested.
NR 25.07(2)(g)4.
4. The portion of the total annual Green Bay smelt harvest limit set in s.
NR 25.06 (2) (c) 2m., allocated to the Green Bay“racehorse" smelt fishery for licensees holding permits issued under subd.
2. is X pounds, where
X = (A) (B) (D) (E), and the portion of the total annual Lake Michigan and Green Bay smelt harvest limit set in s.
NR 25.06 (2) (c) 1m., allocated to the Lake Michigan “racehorse" smelt fishery, excluding Green Bay, by licensees holding permits issued under subd.
2. is Y pounds, where
Y = (A) (C) (D) (E). In these equations,
A = the total annual Lake Michigan and Green Bay smelt harvest limit, in pounds, set in s.
NR 25.06 (2) (c) 1m.;
B = 35.19932%;
C = 64.80067%;
D = in any license year, the total number of Lake Michigan commercial fishing licensees minus the number of licensees issued quota smelt fishery permits under subd. 5.; and
E = .0004241
NR 25.07(2)(g)5.
5. A quota smelt fishery permit and individual licensee catch quota for Lake Michigan and Green Bay shall be issued to each applicant who holds a valid commercial fishing license issued under s.
29.519, Stats., and reported a commercial harvest by trawls of smelt legally taken from the Wisconsin waters of Green Bay or Lake Michigan between July 1, 1991 and June 30, 1992:
NR 25.07(2)(g)5.a.
a. Individual licensee catch quotas issued under this subdivision shall comprise the remaining portion of the total allowable annual commercial harvest limits set for Green Bay and for Lake Michigan and Green Bay in s.
NR 25.06 (2) (c) 2m., after subtraction of the pounds of smelt required for the Green Bay and Lake Michigan “racehorse" smelt fisheries established under subd.
2. NR 25.07(2)(g)5.b.
b. Two separate individual licensee catch quotas, expressed as percentages of the poundages calculated under subd.
5., shall be calculated for each permittee subject to this subdivision. The first percentage shall be calculated by dividing the total commercial harvest of smelt reported lawfully harvested from the Wisconsin waters of Green Bay under each license during the period of July 1, 1991 through June 30, 1992 by the overall total reported commercial harvest of smelt from Green Bay during that period, and multiplying the result by 100. The second percentage shall be calculated by dividing the total commercial harvest of smelt reported lawfully harvested from the Wisconsin waters of Lake Michigan, excluding Green Bay, under each license during the period of July 1, 1991 through June 30, 1992 by the overall total reported commercial harvest of smelt from Lake Michigan during that period, and multiplying the result by 100. The resulting percentages shall be rounded off to 2 decimal places or to hundredths of a percent. The individual licensee catch quotas shall be allocated in whole pound increments.
NR 25.07(2)(g)5.c.
c. A quota smelt fishery permittee who receives an individual licensee catch quota for Green Bay may take all or part of the Green Bay quota from either Green Bay or Lake Michigan, but no quota smelt fishery permittee who receives an individual licensee catch quota for Lake Michigan may take any portion of the Lake Michigan quota from Green Bay.
NR 25.07(3)(a)(a) Applications for individual licensee catch quotas and fishing permits under this section 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.
NR 25.07(3)(b)
(b) 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 individual licensee catch quotas and fishing permits may not be acted upon by the department but shall be returned to the applicant.
NR 25.07(3)(c)
(c) The applications shall be reviewed by the department and approved or denied no later than 15 days before the license year for which application is being made.
NR 25.07(3)(d)
(d) Applicants for Lake Michigan chub fishing permits and individual licensee catch quotas under sub.
(2) (a) and
(am) shall select and designate on their applications the northern chub fishing zone, the southern chub fishing zone or both zones as the waters they wish to fish chubs in.
NR 25.07(4)
(4)
Assessment quota. Fish harvested under contract for the department for assessment purposes may not be considered part of nor deducted from an individual licensee catch quota.
NR 25.07(5)
(5)
Period of validity. Individual licensee catch quotas and fishing permits determined and issued in accordance with this section shall be issued on a license year basis. They shall be valid only during the open season for the species of fish subject to the harvest quota and only while the quota holder or permittee holds a valid license authorizing commercial fishing in the waters to which the quota applies.
NR 25.07(6)
(6)
Reinstatement of quota rights. If the commercial fishing license of a quota holder is revoked under s.
29.519, Stats., the right to that quota and ranking, if any, shall be reinstated upon reinstatement of the revoked license and upon proper application.
NR 25.07(7)
(7)
Reallocation of surplus total allowable commercial harvest. If the number of eligible permittees is inadequate to utilize a total allowable commercial harvest established by s.
NR 25.06 (2) (a) 3.,
(b),
(c),
(d) or
(e) and allocated under sub.
(2) (am) 1.,
(b),
(bg),
(br),
(c),
(d),
(e),
(f) or
(g) 5., the surplus shall be divided permanently among the remaining eligible permittees based on the percentage calculated for each permittee under sub.
(2) (am) 1.,
(b),
(bg),
(br),
(c),
(d),
(e),
(f) or
(g) 5., respectively.
