NR 25.13(10)
(10)
High value species. In addition to the reporting requirements contained under sub.
(2), when fishing for a high value species, each commercial fisher or designated crew member shall file a float plan each day prior to the start of the day's fishing activity by calling a department designated telephone number.
NR 25.13(11)
(11)
Enhanced reporting. In addition to the
reporting requirements contained under sub.
(2), any person convicted of 2 or more violations of s.
29.503 or
29.519, Stats., or this chapter is subject to the enhanced reporting requirements of this section in addition to any court-ordered penalties, at the following levels:
NR 25.13(11)(a)
(a) For conviction of harvesting more than 1,000 pounds of fish in excess of the person's annual quota, failing to report more than 2,000 pounds of catch during a 12-month period, fishing during the closed season, or possessing 200 pounds or more of fish in violation of ch.
29, Stats., or this chapter, the commercial fisher or designated crew member shall file a float plan each day prior to the start of the day's fishing activity by calling a department designated telephone number.
NR 25.13(11)(b)
(b) For 3 or more violations of s.
29.503 or
29.519, Stats., or this chapter within a 36-month period, the commercial fisher or designated crew member shall file a float plan each day prior to the start of the day's fishing activity by calling a department designated telephone number.
NR 25.13(11)(c)
(c) For more than 5 violations of s.
29.503 or
29.519, Stats., or this chapter within a 36-month period or 3 or more violations of s.
29.503 or
29.519, Stats., or this chapter within a 12-month period, in addition to the requirements of par.
(b), upon returning to the dock, the commercial fisher or crew member shall weigh the catch not more than 30 minutes after landing and prior to loading or moving the fish from the dock or landing site, and enter and save the species and weight in pounds of the fish in a paper biweekly report form or the electronic fish reporting system. If the actual weight in pounds of the fish is saved in a paper biweekly report form or the electronic fish reporting system prior to returning to shore, the commercial fisher or crew member is exempt from this paragraph.
NR 25.13(11)(d)
(d) In the event that the weight of the fish cannot be entered or saved due to mechanical failure or other problems associated with the electronic communication device:
NR 25.13(11)(d)1.
1. The commercial fisher or crew member shall immediately notify the department of the problem and verbally provide the date, time, licensee's name, commercial fishing license number or fleet reporting number, boat name, zone of fishing and the weight in pounds of fish by species by calling a department designated telephone number.
NR 25.13(11)(d)2.
2. If the commercial fisher or crew member is unable to reach the department designated telephone number, the commercial fisher or crew member shall immediately complete a report on a paper form available from the department upon weighing the fish, but before loading the fish for transport. The report shall include the date, licensee's name, commercial fishing number or fleet reporting number, boat name, zone of fishing and the weight in pounds of the fish by species and grid, and the signature of the individual completing the report. The report shall be presented to a department representative upon request and shall be retained as part of the commercial fisher's records under s.
29.519 (5), Stats.
NR 25.13(11)(d)3.
3. Upon reestablishing the functionality of the electronic reporting unit, the licensee shall enter the weighed catch and other requested daily fishing activity data for the date and submit it electronically to the department as required under sub.
(2) (c).
NR 25.13(11)(e)
(e) A commercial fisher shall remain under the enhanced reporting requirements of this subsection for a period of 24 months from the date of conviction of the offense triggering this subsection.
NR 25.13 History
History: Cr.
Register, September, 1976, No. 249, eff. 10-1-76; renum. from NR 25.14 and am.
Register, October, 1979, No. 286, eff. 11-1-79; renum. from NR 25.12,
Register, January, 1985, No. 349, eff. 2-1-85; am. (2), cr. (3),
Register, June, 1989, No. 402, eff. 7-1-89; am. (3) (intro.) and (b),
Register, August, 1991, No. 428, eff. 9-1-91; am (2),
Register, March, 1992, No. 435, eff. 4-1-92;
CR 08-060: cr. (1) (title), (3) (title), (4) to (11), am. (2), (3) (intro.) to (b)
Register June 2009 No. 642, eff. 7-1-09; corrections in (4) and (5) (c) 4. made under s.
13.92 (4) (b) 2. and
7., Stats.,
Register June 2009 No. 642;
CR 15-074: r. and recr. (1), (2), r. (3) to (5), am. (9) (b), (11) (c), (d) (intro.)
Register May 2016 No. 725, eff. 6-1-16; corrections in (10), (11) (intro.), (d) 3. made under s.
13.92 (4) (b) 7., Stats.,
Register May 2016 No. 725, eff. 6-1-16;
EmR1627: emerg. cr. (1) (d), eff. 10-1-16;
CR 16-061: cr. (1) (d)
Register September 2017 No. 741, eff. 10-1-17;
EmR1923: am. (1) (a), r. (2) (d), eff. 12-30-19;
CR 19-103: am. (1) (a), r. (2) (d)
Register July 2020 No. 775, eff. 8-1-20;
EmR2114: emerg. am. (2) (intro.), (f) 1., cr. (2) (fm), eff. 5-21-21;
CR 21-099: r. (1), renum. (2) (intro.) to (2) (ad) (intro.) and (ah) and am., cr. (2) (ad) 1. to 12., renum. (2) (a) to (2) (ap) and am., cr. (2) (at), am. (2) (c), (e), r. and recr. (2) (f), am. (10), (11) (intro.)
Register July 2022 No. 799, eff. 8-1-22.
NR 25.13 Note
Note: See the table of Appellate Court Citations for Wisconsin appellate cases citing s.
NR 25.13.
NR 25.135
NR 25.135 Fleet reporting programs. NR 25.135(1)(a)
(a) The department may authorize a person who holds more than one license under s.
29.519 (1m) (a), Stats., and s.
NR 25.03 (1) (a) 3. for commercial fishing on Lake Superior to participate in a fleet reporting program involving those licenses if the person applies for fleet reporting on a form available from the department in accordance with s.
NR 25.03 (3) prior to the start of the license year.
NR 25.135(1)(a)1.
1. The application shall include the person's name, commercial fishing license numbers, descriptions of the boats to be included in the fleet reporting program, and the order of the licenses to which the person's daily reported catch will be credited.
NR 25.135(1)(a)2.
2. All commercial fishing licenses held by the person shall be included in the fleet reporting program.
NR 25.135(1)(b)
(b) The allowable gill net effort authorized under s.
NR 25.09 (1) (am) and the number of nets authorized under s.
NR 25.09 (1) (b) 3. for any license included in a person's fleet reporting program may be used for commercial fishing operations under the other licenses included in that person's fleet reporting program.
NR 25.135(2)(a)
(a) The department may authorize a person who holds more than one license under s.
29.519 (1m) (a), Stats., and s.
NR 25.03 (2) (am) for commercial fishing on Lake Michigan to participate in a fleet reporting program involving those licenses if it determines that all of the following conditions are met:
NR 25.135(2)(a)1.
1. The person applies for fleet reporting on a form available from the department in accordance with s.
NR 25.03 (3) prior to the start of the license year and the application includes all of the following:
NR 25.135(2)(a)1.a.
a. The person's name, commercial fishing license numbers and descriptions of the boats to be included in the fleet reporting program.
NR 25.135(2)(a)1.b.
b. For each license, a description of the individual catch quotas, by species and zone, “racehorse" chub fishing permits or “racehorse" smelt fishery permits to be included in the fleet reporting program.
NR 25.135(2)(a)1.c.
c. The order of the licenses to which the person's daily reported catch will be credited.
NR 25.135(2)(a)3.
3. All commercial fishing licenses held by the person are included in the fleet reporting program.
NR 25.135(3)
(3)
Fleet reporting number. Upon approval of a person's fleet reporting program under sub.
(1) or
(2), the department shall issue a fleet reporting number for the person's use in place of commercial fishing license numbers to identify commercial fishing gear under s.
NR 25.09 (1) and
(2) and in reports under s.
NR 25.13.
NR 25.135(4)
(4)
Quota transfers limited. In addition to any other transfer limitations, individual catch quotas may not be transferred between the person's licenses included in a fleet reporting program except in conjunction with license applications under s.
NR 25.03 (3) prior to the start of the license year.
NR 25.135(5)
(5)
Crew. Crew members licensed under s.
29.519 (4), Stats., to engage in commercial fishing for a person whose fleet reporting program has been approved under sub.
(1) or
(2) may engage in commercial fishing activities for the person under the person's other commercial fishing licenses without being specifically listed as crew members under the person's other licenses.
NR 25.135(6)
(6)
Boats. Boats authorized under any license included in a person's fleet reporting program approved under sub.
(1) or
(2) may be used for commercial fishing operations under the other licenses included in that person's fleet reporting program without being specifically authorized under the person's other licenses and without any additional fee.
NR 25.135(7)
(7)
Nets. The linear feet of nets authorized under s.
NR 25.09 (2) (a) 9. and the number of nets authorized under s.
NR 25.09 (2) (b) 1. b. and
2. b. for any license included in a person's fleet reporting program approved under sub.
(2) may be used for commercial fishing operations under the other licenses included in that person's fleet reporting program.
NR 25.135(8)
(8)
License transfers. A person authorized to participate in fleet reporting under sub.
(1) or
(2) who obtains a commercial fishing license by transfer shall add the transferred commercial fishing license to the person's fleet reporting plan at the time that the license transfer is approved by the department. A person authorized to participate in fleet reporting under sub.
(1) or
(2) who transfers a commercial fishing license shall remove the transferred commercial fishing license from the person's fleet reporting plan at the time that the license transfer is approved by the department.
NR 25.135(9)
(9)
Withdrawal from fleet reporting. A person participating in a fleet reporting program may withdraw from the program by providing written notice to the department. The notice shall include the person's name, address, fleet reporting number, commercial fishing license numbers, a statement indicating the person's desire to withdraw from the program, signature and date of signature. The withdrawal from the fleet reporting program shall take effect at the end of the license year.
NR 25.135 History
History: CR 08-060: cr.
Register June 2009 No. 642, eff. 7-1-09;
CR 09-016: am. (1) (a) 1.
Register January 2010 No. 649, eff. 2-1-10;
CR 13-001: am. (1) (a) 1., (2) (a) 1. c., r. (2) (a) 1. d., 2.
Register August 2013 No. 692, eff. 9-1-13.
NR 25.14
NR 25.14
Possession of fishing equipment. NR 25.14(1)(1)
No licensed commercial fisher or any member of the crew or any person aboard the boat shall have in possession any game fish or sport angling equipment while operating commercial fishing gear or while traveling to or from the operation of such gear in any of the outlying waters.
NR 25.14(2)
(2) No person shall have in possession any commercial fishing gear while on the outlying waters unless in possession of a valid license issued pursuant to s.
29.519, Stats. or otherwise authorized by the department.
NR 25.14(3)
(3) Unless otherwise authorized by the department, no person may raise, remove or otherwise tamper with another person's commercial fishing gear set in any water. This restriction does not apply to agents of the department or to a person licensed as a crew member for the person whose gear the licensed crew member is raising, removing or otherwise tending.
NR 25.14(4)
(4) Unless authorized by the department, no commercial fisher licensed by the department under s.
29.519 (1m), Stats., may do any of the following:
NR 25.14(4)(a)
(a) Operate or allow any of the commercial fisher's crew members to operate any boat listed on the commercial fisher's license if there are any lake trout tags on board the boat that were not issued by the department to a department-licensed commercial fisher.
NR 25.14(4)(b)
(b) Allow any boat listed on the commercial fisher's license to be used for setting, removing, raising or otherwise tending any net that was not placed by a department-licensed commercial fisher in accordance with s.
NR 25.09.
NR 25.14(4)(c)
(c) Allow any of the commercial fisher's nets that are marked or identified as department-licensed nets to be used by any person who is not a commercial fisher licensed by the department under s.
29.519 (1m), Stats., or who is not the commercial fisher's crew member.
NR 25.14 History
History: Cr.
Register, September, 1976, No. 249, eff. 10-1-76; renum. from NR 25.17 and am.
Register, October, 1979, No. 286, eff. 11-1-79; renum. from NR 25.14,
Register, June, 1984, No. 342, eff. 7-1-84; renum. from NR 25.13,
Register, January, 1985, No. 349, eff. 2-1-85;
CR 08-060: cr. (3) and (4)
Register June 2009 No. 642, eff. 7-1-09.
NR 25.15
NR 25.15
Taking of fish by or for the department. Nothing in this chapter shall prohibit the department or its agents from taking fish or authorizing by special permit as prescribed in s.
29.705 (1), Stats., the taking of fish for purposes of obtaining spawn for fish propagation or by contract for studies, investigations, and surveys in accordance with s.
23.09 (2), Stats.
NR 25.15 History
History: Cr.
Register, September, 1976, No. 249, eff. 10-1-76; renum. from NR 25.11,
Register, October, 1979, No. 286, eff. 11-1-79; renum. from NR 25.15,
Register, June, 1984, No. 342, eff. 7-1-84; renum. from NR 25.12,
Register, January, 1985, No. 349, eff. 2-1-85.
NR 25.18
NR 25.18
Landing and transportation of fish. NR 25.18(1)(1)
Landing of fish. Fish and fish parts caught in commercial fishing operations and kept by commercial fishers for sale or other use shall be brought to shore in Wisconsin to one of no more than 2 ports designated by the licensee on his or her Great Lakes commercial fishing license application for open water operations and to one of no more than 2 ports selected by the licensee from a list of ports designated for ice fishing operations from the following Wisconsin primary or secondary ports and unloaded and transported by land, unless otherwise authorized in writing by the department or in the case of an emergency, following notice to the nearest U.S. coast guard station. Commercial fishers, crew members and their agents who do not comply with the department's written authorization shall be considered to be in violation of this section and the written authorization shall be revoked.
NR 25.18(1)(a)
(a) The primary ports for Lake Superior are Bayfield (includes Bodins and Bay Fisheries docks), Cornucopia, Port Wing, Raspberry Bay, Red Cliff and Superior (Siverson's dock). The secondary ports for Lake Superior are LaPointe and Washburn.
NR 25.18(1)(b)
(b) The following ports are primary ports for Lake Michigan:
NR 25.18(1)(b)2.
2. Door County: Baileys Harbor, Ellison Bay, Gills Rock (includes Teskie's, Weborg's and Voight's docks), Sand Bay (includes Sand Bay, Old Sand Bay and Rowley's Bay docks), Jackson Harbor (Washington Island) and Sturgeon Bay.
NR 25.18(1)(b)6.
6. Marinette County: Marinette (includes Menekaunee open water port).
NR 25.18(1)(c)
(c) The following ports are secondary ports for Lake Michigan:
NR 25.18(1)(c)2.
2. Door County: Chaudoir's dock, Detroit Harbor (Washington Island), Egg Harbor, Jacksonport, Murphy park, Nordheim (Washington Island), Old Stone Quarry (Sturgeon Bay), Sister Bay, and Wave Pointe Resort.
NR 25.18(1)(d)
(d) The following ports are secondary ice fishing only ports for Green Bay:
NR 25.18(1)(d)2.
2. Door County: Ern Joy's, Oak Orchard, Pagel's Resort, Porcupine Bay, Sand Bay Resort, Sugar Creek and Waters End (at Sister Bay).
NR 25.18(1)(d)4.
4. Marinette County: Red Arrow park, Pond Road and Leaf Road Landing.
NR 25.18(2)
(2)
Secondary port use. No commercial fisher or crew member may land fish or fish parts at a secondary port unless the commercial fisher or crew member called in a float plan each day to a department designated telephone number prior to the start of the day's fishing activity advising that the secondary port would be used.
NR 25.18 History
History: Cr.
Register, October, 1986, No. 370, eff. 11-1-86; am.
Register, June, 1989, No. 402, eff. 7-1-89;
CR 08-060: am.
Register June 2009 No. 642, eff. 7-1-09;
CR 13-001: am. (1) (c) 2.
Register August 2013 No. 692, eff. 9-1-13.
NR 25.20
NR 25.20
Definition. In this subchapter, “wholesale fish dealer” has the meaning given in s.
29.503 (1) (e), Stats., and includes a holder of a commercial fishing license or contract under ch.
29, Stats., who sells fish under s.
29.503 (2) (b), Stats., to another wholesale fish dealer or to a retailer, even if the seller is exempt from the wholesale fish dealer license requirement under s.
29.503 (2) (b), Stats.
NR 25.20 History
History: CR 23-008: cr. Register October 2023 No. 814, eff. 11-1-23.
NR 25.21
NR 25.21
Wholesale fish dealer reports. NR 25.21(1)(1)
Record keeping. Licensed wholesale fish dealers who purchase fish outside of Wisconsin for sale within this state, are subject to the record-keeping requirements of s.
29.503 (5), Stats.
NR 25.21(2)(a)(a) Each wholesale fish dealer shall complete an annual inventory of Great Lakes fish and all species of sturgeon in possession, ownership or under control, including in cold storage facilities, and report that inventory to the department within 15 days of completion as required under s.
29.503 (5) (br), Stats. The inventory report shall be on forms available from the department and shall include the species, condition and weight of fish, the location of the fish by street address, date of the inventory, wholesale fish dealer license number, signature of the licensee and any other information required on the inventory report form.
NR 25.21(2)(b)
(b) Each wholesale fish dealer shall complete the inventory required by par.
(a) and submit the inventory report to the department. The wholesale fish dealer shall designate and advise the department of the month and day in which annual inventory reports will be submitted. The wholesale fish dealer shall thereafter complete the inventory on an annual basis within 10 working days preceding that designated month and day.
NR 25.21(2)(c)
(c) Within 30 days after receipt of a new wholesale fish dealer license, the wholesale fish dealer shall complete an inventory of fish and submit an inventory report as required under par.
(a). At the time the inventory report is submitted, the wholesale fish dealer shall designate and advise the department of the month and day in which future inventory reports will be submitted. The wholesale fish dealer shall thereafter complete the inventory on an annual basis within 10 working days preceding that designated month and day.
NR 25.21(2)(d)
(d) Upon written request to the department, a wholesale fish dealer may request a change of the designated date for the annual inventory report submittal. The effective date for the change may not be more than 15 months from the previous designated inventory report submittal date. A change in the annual inventory report submittal date may not be requested more than once per 12 months.
NR 25.21(2)(e)
(e) A wholesale fish dealer who does not possess, own or control any Great Lakes fish or sturgeon on the date of the inventory shall submit the inventory report to the department as required by pars.
(a) and
(b) indicating that the wholesale fish dealer does not have any Great Lakes fish or sturgeon in possession, ownership or under control, including in cold storage facilities on the date of the inventory.
NR 25.21 History
History: Emerg. cr. eff. 4-22-86; cr.
Register, October, 1986, No. 370, eff. 11-1-86;
CR 08-060: am. (1), r. and recr. (2)
Register June 2009 No. 642, eff. 7-1-09;
CR 15-074: am. (2) (b)
Register May 2016 No. 725, eff. 6-1-16;
CR 23-008: renum. from NR 25.17 Register October 2023 No. 814, eff. 11-1-23.
