Chapter NR 25

NR 25.10(2)(a)3. 3. All waters within one-fourth mile of the mouth of any navigable stream flowing into Lake Michigan or Green Bay.

NR 25.10(2)(a)4. 4. All waters within one-fourth mile of the shoreline in Door, Kewaunee, Manitowoc and Sheboygan counties.

NR 25.10(2)(a)5. 5. That portion of southern Green Bay bounded by a line beginning at 87°35′W longitude 44°51.029 N latitude, then proceeding northeasterly 7.75 statute miles on a 54° bearing through the Sherwood Point shoal signal buoy and 0.37 statute miles beyond to latitude 44°55′N, then due east on a 44°55′ bearing, 2.75 statute miles to the shoreline in section 12, township 28 north, range 25 east, all in Door county.

NR 25.10(2)(a)6. 6. That portion of southern Green Bay lying north or east of a line beginning at the south end of Ogden street in the city of Marinette in section 9 at N45°05.049‵, W87°35.810‵, and running southeasterly to the most southern point of Seagull bar in section 15 at N45°04.154, W87°34.536 ‵, then along the north or east shoreline of Seagull bar to the Red Arrow park public boat landing located in section 9 at N45°05.233‵, W87°35.225‵, all in township 30 north, range 24 east, Marinette county.

NR 25.10 Note Note: All latitude and longitude coordinates are expressed in degrees and minutes.

NR 25.10(2)(a)7. 7. That portion of southern Green Bay lying south and west of a line beginning at the southern side of the base of Long Tail point in section 24, township 25 north, range 20 east at N44°37.558‵, W88°00.575‵, and following the south or west shore of Long Tail point to its southernmost point at N44°35.126‵, W87°58.908‵, then easterly to where the navigation channel intersects latitude 44º 35‵N, then southwesterly along the west side of the navigational channel, as marked, for 3.5 statute miles to the Wisconsin public service Pulliam plant outlet at N44°32.363‵, W88°00.395‵ on the west bank of the Fox river in section 19, township 24 north, range 21 east, all in Brown county.

NR 25.10 Note Note: All latitude and longitude coordinates are expressed in degrees and minutes.

NR 25.10(2)(a)8. 8. That portion of southern Green Bay lying south or east of a line beginning at the mouth of Renard creek located in SW 1/4 NW 1/4, section 21, township 26 north, range 23 east at N44°42.837‵, W87°43.251‵, Door county, and running southwesterly to the east end of the concrete sea wall located at the end of Point Comfort road in SW 1/4 SE 1/4, section 20, township 25 north, range 22 east, Brown county at N44°37.180 ‵, W87°51.307‵.

NR 25.10 Note Note: All latitude and longitude coordinates are expressed in degrees and minutes.

NR 25.10(2)(a)9. 9. Fox river including all connected sloughs, bayous, and tributaries from the DePere dam downstream to its mouth lying south of a line beginning at the Wisconsin public service Pulliam plant and running easterly across the Fox river to the outlet of the Green Bay metropolitan sewerage district plant outfall, all in Brown county.

NR 25.10(2)(b) (b) No commercial fishing gear of any kind except entrapping nets authorized by permit issued under sub. (4) for the taking of rough or detrimental fish, perch, whitefish or menominee may be used, set, placed or operated in the waters of Lake Michigan lying south of a line extending from the mid-channel marker buoy of Baileys Harbor on a 135° bearing, and north of a line extending east from the entrance of Kewaunee harbor at N44°27.459‵, W87°29.522‵ to its intersection with a line that follows the 45 fathom (270 feet) depth contour, then proceeding north along that 45 fathom (270 feet) depth contour to its intersection with 44°32‵ north latitude, then proceeding east along 44°32 ‵ north latitude to the Wisconsin-Michigan state line, except as provided under pars. (c), (d), (f) and (g).

NR 25.10 Note Note: All latitude and longitude coordinates are expressed in degrees and minutes.

NR 25.10(2)(c) (c) No commercial fishing gear of any kind may be used, set, placed or operated in all waters bounded by a line beginning at the outer end of the north pier at Algoma at N44°36.405 ‵, W87°25.769‵ and proceeding along the north side of that pier to the shore of Lake Michigan, then proceeding north along the shore to its intersection with 44°52‵30 ‶ north latitude, then proceeding east along 44°52‵30‶ north latitude to its intersection with a line extending from the mid-channel marker buoy of Baileys Harbor on a 135° bearing, then proceeding on a line bearing 135° to its intersection with the Wisconsin-Michigan state line, then proceeding south along the Wisconsin-Michigan state line to its intersection with a line extending east from the outer end of the north pier at Algoma at N44°36.405‵, W87°25.769‵, then proceeding west along that line to the point of beginning.

NR 25.10 Note Note: All latitude and longitude coordinates are expressed in degrees and minutes.

NR 25.10(2)(d) (d) Gill nets not to exceed 18 meshes deep only for yellow perch and menominees authorized by permit under sub. (4) may be used in waters of Lake Michigan lying between a line extending east along 44°55‵50‶ north latitude from the Lake Michigan shoreline and a line extending from the mid-channel marker buoy to Baileys Harbor on a 135° bearing.

NR 25.10(2)(f) (f) No commercial fishing gear of any kind except pound nets authorized by permit under sub. (4) for the taking of whitefish and rough or detrimental species may be used, set, placed or operated in the waters of Lake Michigan in depths less than 45 fathoms (270 feet) deep in the area between a line extending east from the end of the north pier at Algoma at N44°36.405′, W87°25.769′ and a line extending east from the entrance of Kewaunee harbor at N44°27.459′, W87°29.500′.

NR 25.10(2)(g) (g) Except as provided under par. (a) 2., no commercial fishing gear of any kind may be used, set, placed or operated in any waters within one-half mile of any harbor, pier or breakwater in Green Bay or Lake Michigan.

NR 25.10(2)(h) (h) No commercial fishing gear of any kind may be used, set, placed or operated in any waters within one-half mile of the shoreline of Kenosha, Milwaukee, Ozaukee or Racine county.

NR 25.10(2)(i) (i) No commercial fishing gear of any kind may be used, set, placed or operated in all waters bounded by a line beginning at a point where 43 degrees 7 minutes north latitude and 87 degrees 40 minutes west longitude intersect, northerly to 43 degrees 20 minutes north latitude, easterly to 87 degrees 20 minutes west longitude, northerly to 43 degrees 30 minutes north latitude, easterly to the Wisconsin-Michigan state line, southerly along the Wisconsin-Michigan state line to 43 degrees north latitude, westerly to 87 degrees 14 minutes west longitude, northerly to 43 degrees 3 minutes north latitude, westerly to 87 degrees 18 minutes, southerly to 43 degrees north latitude, westerly to 87 degrees 23 minutes west longitude, northwesterly to 43 degrees 7 minutes north latitude, and westerly to 87 degrees 40 minutes west longitude.

NR 25.10 Note Note: This closed area encompasses the elevated areas of the lake bed commonly known as the Sheboygan reef, the Northeast reef, the Milwaukee reef, and the East reef and can be further described as the northern third of grid 1903, the northeastern two thirds of grid 1904, all of grid 1905 except a rectangular area along its southern border, all of grids, 1705, 1803, 1804 and 1805, and those portions of grids 1706, 1806 and 1906 in Wisconsin waters as shown on the following map.

- See PDF for diagram

NR 25.10(3) (3)  Fish refuges-outlying waters. No commercial fishing gear of any kind may be used, set, placed or operated at any time in or on those water areas in Lake Superior, Lake Michigan and Green Bay as described in Ch. NR 26.

NR 25.10(4) (4)  Restricted area permits. Permits allowing commercial fishing in restricted areas as described in subs. (1) and (2), or as required in s. NR 25.09 will be issued as follows:

NR 25.10(4)(a) (a) Application criteria and procedure.

NR 25.10(4)(a)1. 1. Applicants shall be licensed commercial fishers, or have contracts for the harvest of rough fish from outlying waters issued under s. 29.417 or 29.421, Stats.

NR 25.10(4)(a)2. 2. Applications shall be made on forms provided by the department and shall contain all information required by the department on the form, at least one week prior to commencing fishing operations, unless otherwise authorized.

NR 25.10(4)(a)3. 3. A permit shall be issued to an applicant meeting the criteria in this paragraph, unless the department denies the application under par. (b) in writing, within 6 business days of receipt of the application.

NR 25.10(4)(a)4. 4. Permits shall be reapplied for at least once each license year. The permit period may not extend beyond the end of the license year.

NR 25.10(4)(b) (b) Denial, revocation or temporary suspension of permits.

NR 25.10(4)(b)1. 1. The department may deny, revoke, or temporarily suspend a permit applied for or issued under this subsection in whole or in part, as resource management requires, if one or more of the following conditions exists or are likely to occur:

NR 25.10(4)(b)1.a. a. Damage to fish habitat.

NR 25.10(4)(b)1.b. b. Excessive incidental catch of illegal fish, as defined in s. NR 25.09 (5).

NR 25.10(4)(b)1.c. c. Spawning concentrations of illegal fish.

NR 25.10(4)(b)1.d. d. Concentrations of recently stocked fish.

NR 25.10(4)(b)1.e. e. Concentrations of immature fish.

NR 25.10(4)(b)1.f. f. Presence of protected or endangered plants or animals as listed in ch. NR 27.

NR 25.10(4)(b)1.g. g. Mortality of illegal fish resulting from capture in commercial fishing gear greater than or likely to be greater than 10% of the weight or number of the legal catch.

NR 25.10(4)(b)2. 2. The department shall give notice of a denial, suspension, or revocation pursuant to provisions of s. 227.51 (3), Stats. Any telephonic notice of suspension shall be promptly confirmed in writing.

NR 25.10(4)(b)3. 3. Any suspension exceeding 7 days shall be reviewed and approved by the department's district director, or their designee, within the first 6 business days of the suspension period. Any revocation, or suspension in excess of 25 days, shall be reviewed by the office of the secretary, or its designee, with opportunity for the permittee to be heard. The revocation or suspension shall be reviewed within 10 business days of receipt of the permittee's request for opportunity to be heard. A permittee is not required to request to be heard by the office of the secretary prior to seeking judicial review.

NR 25.10 Note Note: District directors are now known as regional directors.

NR 25.10(4)(b)4. 4. A denial, suspension, or revocation of a permit under this paragraph shall not bar an otherwise qualified applicant from applying for permits for other locations.

NR 25.10 History History: Cr. Register, September, 1976, No. 249, eff. 10-1-76; renum. from NR 25.12, Register, October, 1979, No. 286, eff. 11-1-79; r. and recr. Register, June, 1984, No. 342, eff. 7-1-84; renum. from NR 25.09 and am. (4) (intro.) and (5) (b) 1.b., Register, January, 1985, No. 349, eff. 2-1-85; emerg. am. (1) (b) 1. and 3., eff. 4-22-86; am. (1) (b) 1. and 3., Register, October, 1986, No. 370, eff. 11-1-86; am. (2) (a) 2. and (b), r. (2) (a) 3., renum. (2) (a) 4. to 10. to be 3. to 9., r. and recr. (2) (c), cr. (2) (d) to (h) and (4) (b) 1.g., Register, June, 1989, No. 402, eff. 7-1-89; am (1) (b) 4. and 6., r. (1) (b) 7., cr. (1) (b) 9. and (c), Register, June, 1997, No. 1997, No. 498, eff. 7-1-97; cr. (2) (i), Register, December, 1998, No. 516, eff. 4-1-99; CR 01-115: am. (2) (b), r. (2) (e), Register February 2002 No. 554, eff. 3-1-02; CR 05-115: am. (1) (b) 9. Register July 2006 No. 607, eff. 8-1-06; CR 08-060: am. (1) (b) 3., 8., (c), (2) (a) 6. to 8., (b), (c) and (f) Register June 2009 No. 642, eff. 7-1-09; CR 13-082: am. (1) (c) Register May 2014 No. 701, eff. 6-1-14; CR 15-023: am. (1) (b) 1., 3., 8., (3) Register December 2015 No. 720, eff. 1-1-16; EmR1804: emerg. r. (1) (b) 8., eff. 2-6-18; CR 17-071: r. (1) (b) 8., Register June 2018 No. 750 eff. 7-1-18; correction in (1) (b) 4., (c) made under s. 35.17, Stats., Register March 2020 No. 771; EmR1923: am. (1) (b) 1., cr. (1) (b) 2. (title), am. (1) (b) 3., 4., cr. (1) (b) 5. (title), am. (1) (b) 6., 9., cr. (1) (b) 10., am. (1) (c), cr. (1) (d), eff. 12-30-19; CR 19-103: am. (1) (b) 1., cr. (1) (b) 2. (title), am. (1) (b) 3., 4., cr. (1) (b) 5. (title), am. (1) (b) 6., 9., cr. (1) (b) 10., am. (1) (c), cr. (1) (d) Register July 2020 No. 775, eff. 8-1-20; create (1) (a) (title), (b) (title), (d) (title) under s. 13.92 (4) (b) 2., Stats., and correction in (1) (d) 2. made under s. 35.17, Stats., Register July 2020 No. 775; CR 23-008: am. (1) (a) 1., (2) (a) 5., (f), (4) (a) 2. Register October 2023 No. 814, eff. 11-1-23.

NR 25.102 NR 25.102 Commercial fishing in southern Green Bay. For commercial fishers fishing for whitefish in that portion of southern Green Bay south of the line at 44o 50‵ N latitude, commonly known as grids 901, 902 and 1001, all of the following requirements apply:

NR 25.102(1) (1) Each commercial fisher may set, use, or operate no more than one trap net per license at a time.

NR 25.102(2) (2) The commercial fisher shall notify the department through the phone number, email address or other method specified by the department no later than 4 p.m. the day prior to lifting a trap net. The notification shall include the license number and name of the licensee, name and location of net to be lifted, departure location, date of departure, and time of departure.

NR 25.102(3) (3) The commercial fisher or a member of the commercial fisher's crew shall report the number of incidentally caught fish of each species through the electronic fish reporting system, in accordance with s. NR 25.13.

NR 25.102 History History: CR 21-099: cr. Register July 2022 No. 799, eff. 8-1-22.

NR 25.105 NR 25.105 Exemptions. Notwithstanding the provisions of this chapter:

NR 25.105(1) (1) From June 1 through March 31, treaty fishers using boats less than 18 feet in length may harvest perch and walleye from the waters of Chequamegon Bay within one mile of the mainland shoreline in Ashland county between the easternmost boundary of the Bad River reservation on Chequamegon Point and a line extending due north from the westernmost boundary of the Bad River reservation as authorized by the department. Only one authorized boat may fish in this area at a time.

NR 25.105(2) (2) From ice out to the Friday before Memorial day, treaty fishers may fish for whitefish and harvest 1,462 incidentally-caught lake trout in those waters defined in s. NR 25.10 (1) (b) 1. The 1,462 lake trout harvested in this area shall be allocated as part of the quota defined in s. NR 25.06 (1) (a) Table. The department may require distinctive tags for this harvest.

NR 25.105(3) (3) Red Cliff treaty fishers may harvest 5,000 pounds (round weight) of walleye annually within the restricted areas west of Bark Point and east of a point one mile west of Port Wing.

NR 25.105 History History: Cr. Register, October, 1986, No. 370, eff. 11-1-86; emerg. cr. (3), eff. 3-10-87; cr. (3), Register, December, 1987, No. 384, eff. 1-1-88; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register February 2021 No. 782.

NR 25.11 NR 25.11  Handling of illegal fish. All illegal fish taken during commercial fishing operations on the outlying waters shall be immediately returned to the water, except that a department employee on board a vessel or otherwise accompanying fishers engaged in such commercial fishing operations may retain illegal fish taken.

NR 25.11 History History: Cr. Register, September, 1976, No. 249, eff. 10-1-76; r. and recr. Register, October, 1979, No. 286, eff. 11-1-79; renum. from NR 25.10, Register, January, 1985, No. 349, eff. 2-1-85.

NR 25.12 NR 25.12  Processing of fish.

NR 25.12(1) (1)  It shall be unlawful for any person operating any fishing boat or boats or any other conveyance on the outlying waters to carry or transport on board such boat or boats or any other conveyance used at any time in the transportation of fish or fishing gear, any instrument or device by which fish can be ground up or so mutilated that identification of the species and measurement of the individual fish are impossible.

NR 25.12(2) (2) It shall be unlawful for any person operating on the outlying waters to have in possession or under control on such waters or to bring to shore any fish ground up or so mutilated that identification and measurement of the individual fish are impossible.

NR 25.12 History History: Renum. from NR 25.13 (3) (a) and (b), Register, October, 1979, No. 286, eff. 11-1-79; renum. from NR 25.11, Register, January, 1985, No. 349, eff. 2-1-85.

NR 25.13 NR 25.13  Commercial fishing reports.

NR 25.13(2) (2)  Electronic reporting.

NR 25.13(2)(ad) (ad) A person required to be licensed under s. 29.519 (1m), Stats., to conduct commercial fishing operations on Lake Michigan, Green Bay, or Lake Superior, or fishing as a treaty fisher, shall submit a daily fishing report to the department by means of the electronic fish reporting system that includes all of the following:

NR 25.13(2)(ad)1. 1. The licensee's name, address, license number or fleet reporting number.

NR 25.13(2)(ad)2. 2. The date.

NR 25.13(2)(ad)3. 3. The name and number of the boat fished.

NR 25.13(2)(ad)4. 4. The licensee's fishing location and depth.

NR 25.13(2)(ad)5. 5. The licensee's fishing effort.

NR 25.13(2)(ad)6. 6. The gear used.

NR 25.13(2)(ad)7. 7. The estimated pounds of each fish species harvested for each fishing trip, excluding estimated pounds of lake trout taken in Lake Superior.

NR 25.13(2)(ad)8. 8. The number of lake trout taken in Lake Superior.

NR 25.13(2)(ad)9. 9. The weighed pounds of harvest.

NR 25.13(2)(ad)10. 10. The weighed catch by species for commercial fish.

NR 25.13(2)(ad)11. 11. The number of incidentally caught fish of the species and waters that the department annually specifies.

NR 25.13(2)(ad)12. 12. All other information called for on the report form.

NR 25.13(2)(ah) (ah) A licensee shall report all fishing activities for the day under par. (ad) before 11:59 p.m. of each day during which the licensee engages in on-water fishing activity. Reports shall be submitted in the English language on electronic forms provided for this purpose by the department and include such information as may be deemed necessary by the department for management of the fishery and to prevent depletion of the fish supply. Except as provided under par. (c), the daily report shall be submitted using an electronic communication device operated by the licensee or a licensee's crew member. The daily fishing report, which may include a record of the report on an electronic communication device, shall accompany the fish to the dock or shore and be made available to a department representative upon request.

NR 25.13(2)(ap) (ap) The department shall issue unique login credentials to the licensee and, upon request of the licensee, to any licensee crew member in order to access the electronic fish reporting system and submit reports. A person shall only enter or submit a record into the electronic fish reporting system using their own department issued login credentials.

NR 25.13(2)(at) (at) The licensee or member of the licensee's crew may submit the report in any of the following ways:

NR 25.13(2)(at)1. 1. By direct input through an electronic communication device to the electronic fish reporting system after completing the last net lift of the day but before starting for the dock or shore, and no later than 11:59 p.m. that same day.

NR 25.13(2)(at)2. 2. By recording all required information on a daily paper report form supplied by the department after completing the last net lift of the day but before starting for the dock or shore, then submitting this information through an electronic communication device to the electronic fish reporting system no later than 11:59 p.m. that same day.

NR 25.13 Note Note: Pursuant to s. 29.519 (4) (d), Stats., the licensee is responsible for all acts of crew members conducting commercial fishing activities for the licensee.

NR 25.13(2)(b) (b) Reports submitted using the electronic fish reporting system are considered approved by the licensee upon submittal.

NR 25.13(2)(c) (c) If the electronic communication device malfunctions or is unable to connect to the electronic fish reporting system, the licensee or a licensee's crew member shall complete a paper copy of the report for that day after completing the last net lift of the day but before starting for the dock or shore, and before 11:59 p.m. the same day. The paper copy of the fishing report shall accompany the fish to dock or shore. After each trip's information has been recorded, the report may not be transported for the rest of the day in such a way that it can be altered except to record information pertaining to additional fishing trips taken that day. Upon reestablishing the functionality of the electronic communication device or reestablishing connection with the electronic fish reporting system, the licensee or licensee's crew member shall enter the daily fishing activity information and information from any paper reports completed under this paragraph and shall submit them electronically to the department. The paper copy of the report shall be retained as part of the licensee's records required under s. 29.519 (5) (dm), Stats., and made available to a department representative upon request.

NR 25.13 Note Note: Pursuant to s. 29.519 (6), Stats., all records of commercial fishing activity are subject to inspection upon request of a duly authorized department representative. This includes electronic records on a portable electronic communication device.

NR 25.13 Note Note: Paper report forms are provided by the department to each licensee at the beginning of the license year. Additional forms may be obtained by writing: DNR, 110 South Neenah Avenue, Sturgeon Bay, WI 54235.

NR 25.13(2)(e) (e) Except for reporting trawl fish harvest under par. (g), when the landed catch cannot be weighed by the end of the day, the licensee or crew member shall note in the comment box of the report form submitted under this section that the landed catch cannot be weighed and reported until the next business day. The licensee or crew member shall then weigh the landed catch the next business day and report the weight by fish species and other information required by the department on the form of the electronic fish reporting system before 11:59 pm of that day.

NR 25.13(2)(f) (f) In addition to the other requirements in this subsection, each person required to be licensed under s. 29.519 (1m), Stats., to conduct commercial whitefish fishing operations on Lake Michigan or Green Bay, or a member of the licensee's crew, shall report the name of the lifted trap net pursuant to s. NR 25.09 (3) (f) to the department after lifting the trap net and before starting for the dock or shore through the electronic fish reporting system in accordance with par. (at).

NR 25.13(2)(g) (g) When fishing with trawls in Lake Michigan or Green Bay, the following electronic reporting requirements also apply:

NR 25.13(2)(g)1. 1. After the last lift of the trip and prior to returning to dock or port, a licensee or crew member fishing by trawl shall record the estimated pounds of each fish species harvested by zone as provided under par. (f).

NR 25.13(2)(g)2. 2. Before 11:59 p.m. each day, the licensee or a crew member fishing by trawl on the waters of Green Bay shall report to the department the landed pounds of smelt and pounds of incidental catch.

NR 25.13(2)(g)3. 3. A licensee or crew member fishing by trawl on the waters of Lake Michigan other than Green Bay, within 24 hours of landing the catch on all days except non-work days and days immediately preceding non-work days, shall electronically report to the department the landed pounds of chubs and roe intended for human consumption, pounds of smelt, and pounds of incidental catch. When trawl caught fish are landed on days that immediately precede non-work days and on non-work days, the commercial fisher or crew member shall report the landed catch within 48 hours of the estimated catch entry.