NR 21.08 History
History: Cr.
Register, February, 1979, No. 278, eff. 3-1-79; emerg. am. (intro.), eff. 4-25-89; am. (intro.),
Register, December, 1989, No. 408, eff. 1-1-90; am. (intro.),
Register, December, 1993, No. 456, eff. 1-1-94;
CR 04-024: am. (intro.)
Register December 2004 No. 588, eff. 1-1-04; correction in (intro.) made under s. 13.93 (2m) (b) 7., Stats.,
Register December 2004 No. 588.
NR 21.09
NR 21.09
Carp as bait. Live carp taken and possessed for the purpose of bait shall only be transported live by boat or other floating conveyance while in possession on Wisconsin-Minnesota boundary waters.
NR 21.10
NR 21.10
Boundary water, commercial fishing restriction. For the purpose of fishing under a commercial fishing license or the taking of turtles, in the Wisconsin-Minnesota boundary waters, licensed commercial fishers and agents of the licensees are restricted to the state boundaries of the state they are licensed under. No person may operate any commercial fishing gear or turtle traps beyond the state line boundaries of the state in which the license was issued.
NR 21.10 History
History: Cr.
Register, February, 1979, No. 278, eff. 3-1-79; r. and recr.,
Register, October, 1998, No. 514, eff. 10-1-98;
CR 10-053: am.
Register December 2010 No. 660, eff. 1-1-11.
NR 21.11
NR 21.11
Commercial fishing restrictions. NR 21.11(1)(1)
General restrictions. No person may conduct commercial fishing operations unless he or she has first obtained the appropriate license or licenses required under ss.
29.523 and
29.533, Stats. A commercial fisher shall carry each license with him or her at all times while engaged in any part of commercial fishing and shall exhibit the license to the department or its wardens on demand. Each commercial fishing licensee must be a resident of the Wisconsin. Commercial fish helpers and crew members are not required to hold a license but a commercial fisher using helpers or crew members who do not hold a Wisconsin commercial fishing license shall submit to the department a list of all unlicensed helpers' or crew members' names and addresses along with the fisher's application for a license or before the helper or crew member begins to assist the licensee. Commercial fishers whose commercial fishing approvals or privileges have been suspended or revoked may not act as a helper or crew member for another licensee during the period of suspension or revocation.
NR 21.11 Note
Note: Names and addresses of fish helpers and crew members may be submitted with the fisher's application for a license to the Department of Natural Resources, Mississippi River License application — CS/1, P.O. Box 7924, Madison, WI 53707-7924 or may be submitted along with a licensee's monthly catch report.
NR 21.11(1)(a)
(a) All game fish that are not commercial fish and all fish that are listed in ch.
NR 27 as endangered or threatened species that are taken with any net or setline shall be immediately returned to the water with as little injury as possible as soon as they appear in the operation. Seines may not be bagged in a manner that causes either game fish that are not commercial fish or fish that are listed in ch.
NR 27 as endangered or threatened species to die while bagged in the net. The presence of dead game fish that are not commercial fish or dead fish that are listed in ch.
NR 27 as endangered or threatened species in a seine bag shall be prima facie evidence of a violation of this paragraph.
NR 21.11(1)(b)
(b) Each person required to hold a commercial fishing license shall be present at all times when any of his or her nets or setlines are set, placed, tended or operated. The licensee does not need to be present when fish are removed from a bagged seine or crib while the licensee transports commercial fish on the water or ice or is tending to the loading of commercial fish at a boat landing.
NR 21.11(1)(c)
(c) Measurement of mesh size is by stretch measure. Such measurements apply to net meshes when in use and no allowance will be made for the shrinkage due to any cause. (29.041, 29.516, 29.522)
NR 21.11(1)(cf)
(cf) No person may mark or tag a net or setline with his or her license number or metal tag if the net or setline is already marked or tagged by another licensed commercial fisher, except that up to two commercial fishers may each place one of their net tags on the same net and may lift or operate this net when it is agreed to by both commercial fishers. Only one net flag with one number may be displayed on a net at any time and only the commercial fisher whose flag is attached to the net may set, place, tend, operate or lift the net.
NR 21.11(1)(cm)
(cm) No person may set, place, tend or operate any net or setline that is marked or tagged with the license number or metal tag of another person, except for crew members acting under the direction of the licensee while the licensee is present.
NR 21.11(1)(d)
(d) There are no bag limits for any commercial species other than are expressly provided in this chapter. (29.041)
NR 21.11(1)(e)
(e) Improperly placed or tagged commercial fishing gear is a public nuisance and will be seized and held by the department subject to order of the court.
NR 21.11(1)(g)
(g) No licensed commercial fisher or any member of his or her crew or any person with the commercial fisher or crew may possess any game fish that are not commercial fish while operating commercial gear on the ice or in the open waters of the state or when traveling to or from the operation of the gear.
NR 21.11(1)(h)
(h) No person may possess or control commercial fishing gear not authorized for use in the Wisconsin-Minnesota boundary waters by this chapter while on the ice or the open waters of the state or while engaged in a fishing operation involving those waters.
NR 21.11(1)(i)
(i) All fishers required to be licensed under the provisions of ss.
29.523 and
29.533, Stats., shall complete and submit monthly reports on forms available from the department. All reports shall be submitted to the department by the 10th of the month following each month the commercial fisher is required to be licensed. Each monthly report shall be signed by the commercial fisher. Each commercial fisher shall report all fish sold or kept whether these fish were legally or illegally taken or obtained, the buyers name, address and phone number, and all other information requested on the report form.
NR 21.11(1)(k)
(k) Commercial fish taken by commercial gear pursuant to this chapter may be sold only by the licensed commercial fisher whose gear was used to take the fish. A commercial fisher may not sell fish taken under the authority of another fisher's license, unless he or she sells the other fisher's fish under the authority of a wholesale fish dealers license.
NR 21.11(1)(L)
(L) No person may remove roe from a commercial fish while on the water, ice, bank or shore. Commercial fish shall remain intact until the fish reaches the final processing facility or place of business of the commercial fisher.
NR 21.11(1)(p)
(p) The department or its agents may require any operator of any commercial fishing gear to cease the fishing operations when the department finds these operations are destructive to game fish or they will endanger any other species of wild animal. (29.041)
NR 21.11(1)(q)
(q) The department by its agents, employees or wardens may in the absence of the licensee, at any time, raise any commercial fishing gear with as little damage as may be for inspection. (23.11, 29.516)
NR 21.11(1)(r)
(r) The use or operation of all commercial gear except those authorized in this chapter is prohibited in the Wisconsin-Minnesota boundary waters with the exception of such nets as may be authorized by the department. The specifications for the nets operated under contract with the department must be agreed upon between the states of Wisconsin and Minnesota.
NR 21.11(2)
(2)
Gill nets; seasons, closed areas, gill net restrictions. In the Wisconsin-Minnesota boundary waters, no person may conduct commercial fishing operations with the use of gill nets, drive netting, deadset gill nets or drive set gill nets except in the manner prescribed as follows:
NR 21.11(2)(a)
(a) Gill nets may be used year round on the Mississippi river, except for the areas listed in pars.
(b) and
(c). No person may engage in drive netting of fish from the closed areas listed in par.
(b).
NR 21.11(2)(b)
(b) No person may set or use gill nets in the following areas:
NR 21.11(2)(b)1.
1. Within 900 feet below any U.S. corps of engineers lock or dam on the Mississippi river.
NR 21.11(2)(b)4.
4. Trempealeau lakes known as Second, Third and Round lakes lying in Trempealeau county.
NR 21.11(2)(b)5.
5. In the Mississippi river within 300 feet of the mouth of any stream tributary to the Mississippi river.
NR 21.11(2)(b)6.
6. In lower pool 8, Bluff Slough from 7th Street downstream to where Bluff Slough enters Running Slough.
NR 21.11(2)(c)
(c) No person may set or use the types of gill nets listed in this paragraph in the following areas, during the periods indicated:
NR 21.11(2)(c)1.
1. Open water gill net sets are prohibited in Lake St. Croix from the highway 64 bridge at Houlton, downstream to its confluence with the Mississippi river at all times.
NR 21.11(2)(c)2.
2. Dead set gill nets and drive set gill nets may not be used in pool 4, between river mile 780 and 797 from March 1 through May 31.
NR 21.11(2)(c)3.
3. Dead set gill nets may not be used in all of lower pool 7 at any time.
NR 21.11(2)(d)1.1. Only gill nets with a mesh of 7 inches stretch measure or larger may be used.
NR 21.11(2)(d)2.
2. Gill nets may not be used as a drift net and may not be used as or in place of a seine.
NR 21.11(2)(d)3.
3. At each end of every gill net set in open water there shall be a buoy on each end of the gang. The buoys shall have a staff extending at least 3 feet above the surface of the water. Upon the upper end of the staff there shall be a flag at least 10 inches square. Upon the bowl of the buoys there shall be maintained in plain figures the license number of the licensee. On gill nets set through the ice there shall be maintained on each end of the gang a board or similar material which shall bear the license number authorizing the use of the net.
NR 21.11(2)(d)4.
4. Each gill net set in open water shall be lifted and emptied of all fish at least once each day following the day set. Each gill net set under the ice shall be lifted and emptied of fish at least once every 2 days following the day set.
NR 21.11(2)(d)5.
5. Gill nets may not be set, drawn, lifted or operated in any manner between one-half hour after sunset and one hour before sunrise without prior permission of the department.
NR 21.11 Note
Note: Contact a local department conservation warden or fish manager to request prior permission.
NR 21.11(2)(d)6.
6. Gill nets may not be set in a manner that will shut-off more than one-half the width of any channel, bay or slough.
NR 21.11(2)(d)7.
7. A gill net may not be set within 1,000 feet of any other commercial fisher's gill net or frame net.
NR 21.11(2)(d)8.
8. Shovelnose (hackleback) sturgeon may not be taken in gill nets.
NR 21.11(2)(d)9.
9. Game fish that are not commercial fish and other fish that are listed in ch.
NR 27 as endangered or threatened species which are taken by gill nets shall be immediately returned, carefully and with as little injury as possible to the water from which they were taken.
NR 21.11(2)(d)10.
10. No licensee may join his or her net to that of any other licensee.
NR 21.11(3)
(3)
Seines; seasons, closed areas, seine restrictions. In the Wisconsin-Minnesota boundary waters, no person may conduct commercial fishing operations with the use of seines except in the manner prescribed as follows:
NR 21.11(3)(a)
(a) Seines of any size may be used year round in the waters of the Mississippi river, Lake St. Croix and the St. Croix river downstream from the U.S. highway 8 bridge located in St. Croix Falls, except for the closed areas listed in pars.
(b) and
(c). No person may use drive netting techniques including the use of airboats, boats, plungers or other sound producing devices to drive fish from the closed ares listed in pars.
(b) and
(c).
NR 21.11(3)(b)1.1. Within 900 feet below any U.S. corps of engineers lock and dam on the Mississippi river.
NR 21.11(3)(b)3.
3. Trempealeau lakes known as Second, Third and Round lakes lying in Trempealeau county.
NR 21.11(3)(b)4.
4. Lagoon, which is located on Barron island within the corporate limits of the city of LaCrosse, as well as the connecting waterway south to state highway 16.
NR 21.11(3)(c)1.1. Pool 4, between river mile 780 and 797, closed from March 1 through May 31.
NR 21.11(3)(c)2.
2. In upper pool 8, the Black river from the Onalaska 9-foot spillway dam downstream to the Soo Line railroad bridge, closed from April 15 through October 30.
NR 21.11(3)(c)3.
3. In lower pool 8, Bluff Slough from 7th Street downstream to where Bluff Slough enters Running Slough, closed from April 15 through October 30.
NR 21.11(3)(d)
(d) A commercial fisher and his or her crew members may not remove more than 100 pounds of catfish per seine haul from the Saturday nearest October 1 to April 30.
NR 21.11(3)(e)
(e) A commercial fisher and his or her crew members may not take more than 100 pounds of catfish per day in seines regardless of the number of seine hauls done in one day, from the Saturday nearest October 1 through April 30.
NR 21.11(3)(f)
(f) A commercial fisher and his or her crew members may only take 100 pounds of catfish from a seine haul even if the seine haul takes more than one day to complete.
NR 21.11(3)(g)
(g) Shovelnose (hackleback) sturgeon may not be taken in seines.
NR 21.11(3)(h)
(h) Seines may not be drawn, lifted or operated in any manner between one-half hour after sunset and one-half hour before sunrise without permission of the department.
NR 21.11 Note
Note: Contact a local department conservation warden or fish manager to request prior permission.
NR 21.11(3)(i)
(i) A seine may not be used as a drift net at any time.
NR 21.11(3)(j)
(j) All game fish that are not commercial fish and all fish that are listed in ch.
NR 27 as endangered or threatened species that are taken in seines shall be immediately returned to the water with as little injury as possible as soon as they appear in the operation. Seines may not be bagged in a manner that causes either game fish that are not commercial fish or fish that are listed in ch.
NR 27 as endangered or threatened species to die while bagged in the net. The presence of dead game fish that are not commercial fish or dead fish that are listed in ch.
NR 27 as endangered or threatened species in a seine bag shall be prima facie evidence of a violation of this paragraph. Rough fish that are not listed in ch.
NR 27 as endangered or threatened species and commercial fish that are bagged as part of a seine haul may not be held in any bag, seine or other type of live box for more than 24 hours without prior permission from the department.
NR 21.11 Note
Note: Contact a local department conservation warden or fish manager to request prior permission.
NR 21.11(3)(k)
(k) Seines may not be set or operated in a manner that will shut-off more than one-half the width of any channel, bay or slough.
NR 21.11(3)(L)
(L) No seine may be set or operated within 1,000 feet of any other commercial fisher's gill net, frame net or seine.
NR 21.11(3)(m)
(m) No licensee or crew member may join a net to that of any other licensee.
NR 21.11(4)
(4)
Setlines; seasons, closed areas, setline restrictions. In the Wisconsin-Minnesota boundary waters, no person may conduct commercial fishing operations with the use of setlines except in the manner prescribed as follows:
NR 21.11(4)(a)
(a) Setlines may be used in the waters of the Mississippi river from the Saturday nearest April 1 to October 31, except for the closed areas listed in pars.
(b) and
(c).
NR 21.11(4)(b)1.1. Within 900 feet below any U.S. corps of engineers lock or dam on the Mississippi river.
NR 21.11(4)(b)3.
3. Trempealeau lakes known as Second, Third and Round Lakes lying in Trempealeau county.
NR 21.11(4)(b)4.
4. Lagoon, which is located on Barron island within the corporate city limits of LaCrosse, as well as the connecting waterway south to state highway 16.
NR 21.11(4)(b)5.
5. In upper pool 8, the Black river from the Onalaska 9-foot spillway dam downstream to the Soo Line railroad bridge.
NR 21.11(4)(c)1.1. Pool 4, between river mile 780 and 797, closed from March 1 through May 31.
NR 21.11(4)(c)2.
2. In lower pool 8, Bluff Slough from 7th Street downstream to where Bluff Slough enters Running Slough, closed from April 15 through October 30.
NR 21.11(4)(d)
(d) Each licensee is limited to 8 setlines with not to exceed a total of 50 hooks on each line or 4 setlines with not to exceed 100 hooks on each line.
NR 21.11(4)(e)
(e) No person may use frogs or game fish, whether dead or alive, or any part of a frog or game fish as bait on a setline in the Mississippi river.
NR 21.11(4)(f)
(f) There shall be a buoy at each end of every setline. The buoys shall have a staff extending at least 3 feet above the surface of the water. Upon the upper end of each staff there shall be a flag at least 10 inches square. Upon the bowl of each buoy there shall be maintained in plain figures the license number of the licensee.
NR 21.11(4)(g)
(g) Setlines shall be marked by a metal tag which is stamped to designate the number of the license issued to the commercial fisher using the setline. The tag shall be attached to the buoy or staff at one end of the setline so that the tag will be visible above the surface of the water.
NR 21.11(4)(h)
(h) Setlines set in open water shall be lifted and all fish removed at least once each day following the day set.
NR 21.11(4)(i)
(i) Setlines may not be set, lifted, hauled or operated in any manner between one-half hour after sunset and one hour before sunrise without prior permission of the department.
