period 3: June 1 through September 30.
NR 25.09(1)(am)3.b.
b. CPE for each period shall be determined from department-monitored state and tribal net lifts occurring during each period.
NR 25.09(1)(am)3.d.
d. The 3-year average CPEs shall be calculated by the department as the average of the monitored CPEs for the corresponding periods of the preceding 3 lake trout open seasons using data from department-monitored net lifts.
NR 25.09(1)(am)3.e.
e. No commercial fisher may set more than his or her allowable gill net effort during each period of the lake trout open season. The department shall use the following formula to determine each commercial fisher's allowable gill net effort in feet of net:
period 1 allowable gill net effort:
Individual Lake Trout Quota x 1000
Period 1 CPE
period 2 allowable gill net effort:
[Unused Effort Period 1][Period 1 CPE]
Period 2 CPE
period 3 allowable gill net effort:
[Unused Effort Period 2][Period 2 CPE]
Period 3 CPE
NR 25.09(1)(am)3.f.
f. The department shall make available allowable gill net effort limitations for period 1 by November 1 of each year. If a commercial fisher's allowable gill net effort has not been used by the end of period 1 or 2 and is reported by the commercial fisher according to s.
NR 25.13, the remaining balance of allowable gill net effort in feet of net shall be carried over to succeeding periods within the lake trout open season but not carried over to the next lake trout open season. The department shall determine gill net effort limitations for periods 2 and 3 within 5 working days after the start of periods 2 and 3 using remaining allowable gill net effort reported according to s.
NR 25.13.
NR 25.09(1)(am)3.g.
g. The department shall calculate the allowable gill net effort for the overall state commercial and tribal effort in the same manner as described in subd.
3. e., except that the state or tribal lake trout quota shall be used instead of the fisher's individual quota.
NR 25.09(1)(am)4.
4. Upon use of all tags issued for lake trout to the licensee under s.
NR 25.07 (1) (a), or upon use of the total number of feet of gill net permitted to be set in any time period under subd.
3., a licensee may not set gill nets with a mesh size of 4
7/
16 inch stretch measure in water less than 330 feet (55 fathoms) deep for the remainder of the lake trout open season.
NR 25.09(1)(am)5.
5. The licensee using the gill net shall tag the gill net with an informational tag, supplied by the department, on the buoy staff above the water line. Each tag shall state the time and date upon which the gill net was set, the length of the gang of nets, the license number or fleet reporting number and the licensee's initials.
NR 25.09(1)(am)6.
6. The licensee may not set or place gill nets in the waters of Lake Superior from a boat or watercraft from January 15 through March 31, except as authorized by the department in a permit issued under sub.
(6).
NR 25.09(1)(am)7.
7. The licensee may not set or place gill nets within one-quarter mile shoreward of the pot and lead of any entrapping net, except that if a trap net is set within one-quarter mile of a gill net, that gill net may continue to be lifted and reset in the same location.
NR 25.09(1)(ar)
(ar)
Gill nets - unrestricted size. The licensee may set gill nets with no restrictions on mesh size or the number of meshes in depth at any time during the year only in water more than 330 feet (55 fathoms) deep and only when set on the bottom.
NR 25.09(1)(as)
(as)
Gill net marking requirements.
The licensee shall legibly mark each gill net with the license number or fleet reporting number of the license holder on each float or on each lead, and shall mark the bowls of the buoys on each end of the gang with the license number of the license holder in accordance with s.
29.516 (2) (d) 1., Stats.
NR 25.09(1)(av)
(av)
Gill net lifting requirements.
The licensee shall lift each gill net a minimum of:
NR 25.09(1)(av)1.
1. Once every 72 hours in open water less than 96 feet (16 fathoms) deep.
NR 25.09(1)(av)2.
2. Once every 120 hours in open water 96 to 210 feet (16 to 35 fathoms) deep.
NR 25.09(1)(av)3.
3. Once every 240 hours in open water more than 210 feet (35 fathoms) deep.
NR 25.09(1)(b)1.1. The licensee may use entrapping nets only when the pot or crib is set, placed, or operated in water not more than 90 feet (15 fathoms) deep.
NR 25.09(1)(b)2.
2. The licensee may set, place, or operate entrapping nets only by permit issued under s.
NR 25.10 (4) in that part of Lake Superior lying between a line extending due north of a point one mile east of the mouth of the Iron river in section 34, township 50 north, range 9 west, Bayfield county, and a line extending due north from the mouth of the Bad river in section 17, township 48 north, range 2 west, Ashland county, including all of the Apostle Islands area.
NR 25.09(1)(b)3.
3. Each licensee may use up to 10 entrapping nets per license, as measured by the number of pots or cribs.
NR 25.09(1)(b)4.
4. The licensee shall lift each entrapping net a minimum of once every 168 hours.
NR 25.09(1)(b)5.
5. Each entrapping net shall have the fish holding pot portion rendered inoperable during the closed seasons for whitefish and lake trout and shall have the webbing removed from the water within 3 days after the close of the lake trout season.
NR 25.09(1)(b)6.
6. The licensee may not place entrapping nets within one-half mile of any other entrapping net.
NR 25.09(1)(b)7.
7. The licensee may not place or operate entrapping nets in the waters of Lake Superior during the months of April, May, June, July, August, and September if the mesh covering the top of the hearts of the nets is less than 14 inch stretch measure.
NR 25.09(1)(b)8.
8. The licensee may not place or operate entrapping nets in the waters of Lake Superior from a boat or watercraft from November 28 through March 31.
NR 25.09(1)(b)9.
9. A licensee fishing with entrapment nets in the area west of Bark Point known as WI-1 may harvest cisco, whitefish, and lake trout less than 25 inches in length, and only from April 1 to September 30.
NR 25.09(1)(b)10.
10. The licensee may not place or operate entrapping nets within one mile of a designated trout stream.
NR 25.09(1)(b)11.
11. The licensee shall mark and maintain each entrapping net with 2 flags, one above the other, on a single staff attached to the inside or shallow lead end of the net, one flag on a staff attached to the pot or lifting buoy, one flag on a staff attached to the anchor at the outward end of the king line, and one float measuring a minimum of 5 inches in diameter attached to the anchor at the outward end of each net wing. All staffs shall be marked with reflective tape. All flags shall measure not less than 9 inches high by 18 inches wide and shall be displayed so that the top edge of the flag is not less than 5 feet above the water, except that the lower of 2 flags on one staff shall be displayed so that the bottom edge is not less than 3 feet above the water. Two flags displayed on one staff shall be separated by not less than 6 inches. All floats and all flags except the flag attached to the king line anchor shall be of a highly visible color commonly referred to as hunter orange or blaze orange with a color range between 595 nm and 605 nm. The flag attached to the king line anchor shall be a dark color other than orange. The license number or fleet reporting number of the commercial fishing license holder shall be displayed and maintained in legible, block figures at least 1 inch high on the bowl of the pot or lifting buoy. Flags are not required October 16 through April 14.
NR 25.09(1)(bm)
(bm)
All nets. The following regulations shall apply to all nets:
NR 25.09(1)(bm)1.
1. No net may be placed within one-quarter mile of any other net, except that if a trap net is set illegally within one-quarter mile of a legally placed gill net, that gill net may continue to be lifted and reset in the same location in accordance with par.
(am) 7. Entrapment nets are further subject to s.
NR 25.09 (1) (b) 6. NR 25.09(1)(bm)2.
2. Within 24 hours of setting any portion of a net, the net shall be fully deployed and actively fishing.
NR 25.09(1)(c)
(c) Encircling nets and trawls. Encircling nets and trawls are prohibited.
NR 25.09(1)(d)
(d)
Disposition of fish caught in nets. All lake trout caught in gill nets not less than 4
7⁄16 inch stretch measure set in waters less than 330 feet (55 fathoms) deep shall be kept and tagged except that, during November 28 through May 31, live lake trout may be released. Lake trout caught in gill nets in waters 330 feet (55 fathoms) deep or deeper or in entrapping nets may be returned to the lake or kept and tagged, except that dead lake trout 25 inches or less in length caught in entrapping nets shall be kept and tagged. All lake trout, dead or alive, larger than 25 inches in length caught in entrapping nets shall be returned to the lake. All lake trout and siscowet harvested by commercial and home use fishers shall be tagged in accordance with s.
NR 25.06 (3).
NR 25.09(1)(e)
(e)
Ice buoy standards. Whenever ice may reasonably be expected to encroach upon fishing gear, in lieu of the requirements in s.
NR 25.09, no commercial fisher may fish except with gear that meets the following standards:
NR 25.09(1)(e)2.
2. At least two feet of any ice buoy shall extend above water with the license number of the commercial fisher visible.
NR 25.09(1)(e)3.
3. The top foot of the above-water portion of an ice buoy shall be marked with the highly visible color known as hunter orange or blaze orange.
NR 25.09(2)(a)1.1. `Gill nets of 13/4 inch stretch measure for smelt.' For taking smelt only, a licensee may use gill nets with a mesh size of not more than 1
3/
4 inch stretch measure not exceeding 60 meshes in depth in Green Bay and 30 meshes in depth in Lake Michigan.
NR 25.09(2)(a)2.
2.
`Gill nets of 23/8 to 21/2 inch stretch measure in southern Green Bay.' In southern Green Bay only, a licensee may use gill nets with a mesh size of not less than 2
3/
8 inch and not more than 2
1/
2 inch stretch measure not exceeding 60 meshes in depth.
NR 25.09(2)(a)3.
3.
`Gill nets of 23/8 to 23/4 inch stretch measure in the southern chub fishing zone in Lake Michigan.' In water more than 150 feet (25 fathoms) deep in the southern chub fishing zone in Lake Michigan only except as provided in subd.
4., a licensee may use gill nets with a mesh size of not less than 2
3/
8 inch and not more than 2
3/
4 inch stretch measure, and not less than 24 meshes and not more than 60 meshes in height.
NR 25.09(2)(a)4.
4. `Gill nets of 21/2 to 23/4 inch stretch measure.' In any of the following areas and under the following conditions, a licensee may use gill nets with a mesh size of not less than 2
1/
2 inch and not more than 2
3/
4 inch stretch measure:
NR 25.09(2)(a)4.a.
a. For chubs in Lake Michigan, a licensee may use gill nets of 2
1/
2 to 2
3/
4 inch stretch measure in the northern chub fishing zone only and those nets may not exceed 60 meshes in depth.
NR 25.09(2)(a)4.b.
b. For other legal fish species in Lake Michigan and Green Bay, a licensee may use gill nets of 2
1/
2 to 2
3/
4 inch stretch measure only in the areas and with the restrictions described under subd.
4. c. and
d. NR 25.09(2)(a)4.c.
c. In Lake Michigan in waters less than 150 feet (25 fathoms) deep outside the northern chub fishing zone, a licensee may use gill nets of 2
1/
2 to 2
3/
4 inch stretch measure only if the gill nets do not exceed 18 meshes in depth.
NR 25.09(2)(a)4.d.
d. In Green Bay, or within the northern chub fishing zone, or in waters 150 feet (25 fathoms) deep or deeper in Lake Michigan, gill nets of 2
1/
2 to 2
3/
4 inch stretch measure may be used only if the gill nets do not exceed 60 meshes in depth.
NR 25.09(2)(a)6.
6. `Gill nets of 4 to 41/2 inch stretch measure in southern Green Bay.' A licensee may use gill nets with a mesh size of not less than 4 inch and not more than 4
1/
2 inch stretch measure in southern Green Bay under all of the following conditions and in accordance with subd.
9.:
NR 25.09(2)(a)6.a.
a. Gill nets of 4 to 4
1/
2 inch stretch measure may be used only in water less than 30 feet (5 fathoms) deep.
NR 25.09(2)(a)6.c.
c. Gill nets of 4 to 4
1/
2 inch stretch measure may be used only from May 20 to March 9, except that these gill nets may not be used during the closed season for whitefish.
NR 25.09(2)(a)6.d.
d. Gill nets of 4 to 4
1/
2 inch stretch measure may not be more than 30 meshes in depth.
NR 25.09(2)(a)7.
7. `Gill nets greater than 4
1/2 inch stretch measure to 6
1/2 inch stretch measure.' A licensee may use gill nets with a mesh size greater than 4
1/
2 inch and not more than 6
1/
2 inch stretch measure under all of the following conditions and in accordance with subd.
9.:
NR 25.09(2)(a)7.a.
a. Gill nets of this size may be used in those waters of Lake Michigan lying north of a line extending from the mid-channel marker buoy of Bailey's Harbor on 135
° bearing.
NR 25.09(2)(a)7.c.
c. Gill nets of this size may only be used during the open season for whitefish.
NR 25.09(2)(a)7.d.
d. Gill nets of this size may not exceed 30 meshes in depth for one-half of the total length of these nets set at any time by a licensed commercial fisher, and the remaining half may not exceed 50 meshes in depth.
NR 25.09(2)(a)8.
8. `Gill nets greater than 6
1/2 inch stretch measure.' A licensee may use gill nets with a mesh size greater than 6
½
inch stretch measure under all of the following conditions and in accordance with subd.
9.:
NR 25.09(2)(a)8.b.
b. Gill nets of this size may be used only during the open seasons for whitefish and yellow perch.
NR 25.09(2)(a)9.
9. `Total gill net length with gill nets of 4 inch or larger stretch measure.' A licensee may use gill nets with a mesh size of 4 inch or larger stretch measure. The total length of gill nets used under each license may not exceed 12,000 feet at any one time.
NR 25.09(2)(a)10.
10. `Gill net lifting requirements.' A licensee shall lift all gill nets within the following time intervals:
NR 25.09(2)(a)10.a.
a. Once every 24 hours in open water less than 150 feet (25 fathoms) deep for all mesh sizes in Green Bay.
NR 25.09(2)(a)10.am.
am. Once every 24 hours in open water less than 150 feet (25 fathoms) deep for mesh sizes greater than 2
3/4 inch stretch measure in Lake Michigan.
NR 25.09(2)(a)10.b.
b. Once every 120 hours in open water 150 feet (25 fathoms) deep or deeper for mesh sizes of 2
3/
4 or less inch stretch measure in Lake Michigan.
NR 25.09(2)(a)10.d.
d. Once every 120 hours in open water less than 150 feet (25 fathoms) deep for mesh sizes of 2
3/
4 inch or less stretch measure in Lake Michigan.
NR 25.09(2)(b)1.1. A licensee may use drop nets and fyke nets under all of the following conditions:
NR 25.09(2)(b)1.a.
a. A licensee may only use drop nets and fyke nets during the open season for yellow perch, except by permit issued under s.
NR 25.10 (4).
NR 25.09(2)(b)1.b.
b. The licensee may use up to 30 drop nets or fyke nets in aggregate under each license, as measured by the number of pots or cribs allowed.
NR 25.09(2)(b)1.c.
c. The licensee shall lift drop and fyke nets a minimum of once every 72 hours.
NR 25.09(2)(b)2.
2. A licensee may use pound nets and trap nets under all of the following conditions:
NR 25.09(2)(b)2.a.
a. Only when the pot or crib is set, placed or operated in water not more than 150 feet (25 fathoms) deep, except from June 29 to Labor Day south of a line extending from the Lake Michigan shoreline along 44º52'30" north latitude where the entire net, including the lead, is set, placed or operated in water not more than 150 feet (25 fathoms) or less than 60 feet (10 fathoms) deep.
NR 25.09(2)(b)2.b.
b. From the day following Labor Day to June 28, the licensee may use no more than 12 pound nets and trap nets in aggregate under each license, as measured by the number of pots or cribs, except in southern Green Bay as described under s.
NR 25.102. From June 29 to Labor Day in the waters of Lake Michigan lying south of a line extending from the Lake Michigan shoreline along 44º52'30" north latitude, the licensee may use no more than 3 pound nets and trap nets in aggregate under each license, as measured by the number of pots or cribs, while north of this line the licensee may use no more than 12 pound nets and trap nets in aggregate under each license.
NR 25.09(2)(b)2.c.
c. The licensee shall lift nets under this subdivision a minimum of once every 120 hours.
NR 25.09(2)(b)2.d.
d. Each net shall have the fish holding or pot portion rendered inoperable during the closed season for whitefish and shall have the webbing removed from the water within 14 days after the close of the whitefish season.
NR 25.09(2)(b)2.e.
e. From June 29 through Labor Day, a licensee may not use pound nets or trap nets in Lake Michigan between 44º52'30" north latitude and 44º08'55" north latitude, between 44º05'33" north latitude and 43º40'50" north latitude, and south of 43º34'39" north latitude. Unless the department has granted an extension of time, the licensee shall remove the webbing of each pound net and each trap net from the water by June 28 and may not reinstall it until the day after Labor Day. If adverse weather conditions or unanticipated equipment problems prevent removal of the webbing by June 28, a licensee may request and the department may grant a brief extension of time sufficient to allow safe removal. See map for details.
NR 25.09(2)(b)2.f.
f. The licensee shall mark each pound or trap net with 2 flags, one above the other, on a single staff attached to the inside or shallow lead end of the net, one flag on a staff attached to the pot or lifting buoy, one flag on a staff attached to the anchor at the outward end of the king line, and one float measuring a minimum of 5 inches in diameter attached to the anchor at the outward end of each net wing. All staffs shall be marked with reflective tape. All flags shall measure not less than 9 inches high by 18 inches wide and shall be displayed so that the top edge of the flag is not less than 5 feet above the water, except that the lower of 2 flags on one staff shall be displayed so that the bottom edge is not less than 3 feet above the water. Two flags displayed on one staff shall be separated by not less than 6 inches. All floats and all flags required under this subd.
2. f. except the flag attached to the king line anchor shall be of a highly visible color commonly referred to as hunter orange or blaze orange with a color range between 595 nm and 605 nm. The flag attached to the king line anchor shall be a dark color other than orange. The license number or fleet reporting number of the commercial fishing license holder shall be displayed and maintained in legible, block figures at least 1 inch high on the bowl of the pot or lifting buoy. Flags are not required October 16 through April 14.
NR 25.09(2)(b)2.g.
g. A licensee may use pound nets and trap nets for legal fish species in Lake Michigan and Green Bay.
NR 25.09(2)(c)
(c) Seines. A licensee may use seines. Seines shall have a mesh size of not less than 3 inch stretch measure and shall be at least 75 feet in length.
