Chapter NR 24

Register December 2010 No. 660

Chapter NR 24

CLAMS

NR 24.01   Purpose.

NR 24.02   Definitions.

NR 24.03   General restriction.

NR 24.04   Licenses; permits.

NR 24.05   Reciprocity.

NR 24.06   Clamming methods and equipment.

NR 24.07   Records and reporting.

NR 24.08   Minimum size and weight determination.

NR 24.09   Commercial clamming: size limits; open seasons, species and waters.

NR 24.10   Clamming: size limits; open seasons, species and waters.

Ch. NR 24 Note Note: Chapter NR 24 was repealed and recreated as an emergency rule effective May 1, 1986. This emergency rule was amended effective March 27, 1987. Chapter NR 24 as it existed on May 31, 1987 was repealed and a new chapter NR 24 was created effective June 1, 1987.

NR 24.01 NR 24.01 Purpose. This chapter regulates clamming, commercial clamming and related activities in inland waters, boundary waters and outlying waters.

NR 24.01 History History: Cr. Register, May, 1987, No. 377, eff. 6-1-87.

NR 24.02 NR 24.02 Definitions. In addition to the definitions contained in s. 29.537 (2), Stats., the following definitions apply to terms used in this chapter:

NR 24.02(1) (1) “Boundary waters” means those waters which form all or part of the boundary between Wisconsin and Iowa, Michigan or Minnesota.

NR 24.02(2) (2) “Business day” has the meaning given it in s. 421.301 (6), Stats.

NR 24.02(3) (3) “Cooked clam” means a clam which has been processed in a cooker and a rotating drum in order to remove the meat or soft parts of the clam.

NR 24.02(4) (4) “Crow-foot bar” means a bar or rod which has hooks or wires attached to it and which may be used to take clams. The hooks or wires may have beads attached or have thickened ends.

NR 24.02(4m) (4m) “Dead shell” means a clam which apparently died in the water of natural causes, contains no meat or soft parts and exhibits readily notable sediment, algae, vegetation or water stains, discoloration, soiling, weathering or other visual evidence on its interior surface which clearly and unambiguously shows that the clam is not a cooked clam and is not freshly dead.

NR 24.02(5) (5) “Inland waters” has the meaning given it in s. 29.001 (45), Stats., but does not include boundary waters.

NR 24.02(6) (6) “Malicious waste” means the unreasonable waste, injury, destruction or impairment of any natural resource within the state, in violation of s. 23.095 (1), Stats.

NR 24.02(7) (7) “Open season” means that period of a year described in s. NR 24.09 or 24.10 when a person may engage in clamming or commercial clam shelling.

NR 24.02(8) (8) “Outlying waters” has the meaning given it in s. 29.001 (63), Stats.

NR 24.02(9) (9) “Resident” has the meaning given it in s. 29.001 (69), Stats.

NR 24.02(10) (10) “Ring” means a rigid circular band or a circular opening in a piece of solid material which may be used to measure clams.

NR 24.02(11) (11) “Wisconsin-Iowa boundary waters” has the meaning given it in s. NR 22.02 (34).

NR 24.02(12) (12) “Wisconsin-Michigan boundary waters” has the meaning given it in s. NR 23.02 (10).

NR 24.02(13) (13) “Wisconsin-Minnesota boundary waters” has the meaning given it in s. NR 21.02 (39).

NR 24.02 History History: Cr. Register, May, 1987, No. 377, eff. 6-1-87; cr. (4m), Register, June, 1989, No. 402, eff. 7-1-89; corrections in (intro.), (5), (8), and (9) were made under s. 13.93 (2m) (b) 7., Stats., Register November 2001 No. 551; CR 10-053: am. (11), (13) Register December 2010 No. 660, eff. 1-1-11.

NR 24.03 NR 24.03 General restriction. A person who is engaging in commercial clam shelling under s. NR 24.09, clam buying, clam helping or related activities may not engage in clamming under s. NR 24.10 at the same time.

NR 24.03 History History: Cr. Register, May, 1987, No. 377, eff. 6-1-87.

NR 24.04 NR 24.04 Licenses; permits.

NR 24.04(1) (1) Clamming. No license or permit is required to engage in clamming.

NR 24.04(2) (2) Commercial clamming. The license requirements of s. 29.537 (3), Stats., apply to clam buyers, assistant clam buyers, commercial clam shellers and clam helpers, except as provided in subs. (3) and (4).

NR 24.04(3) (3) Exemption for children. A resident child under age 16 may not engage in commercial clam shelling without a commercial clam sheller license unless the value of the clams taken, killed, collected or removed by the child does not exceed $1,000 in any year and the child has a department permit. A permit issued under this subsection is valid from January 1 or the date it is issued, whichever is later, until December 31 or the child’s 16th birthday, whichever occurs first.

NR 24.04(4) (4) Applications. A person required to have a license or permit under this section or s. 29.537 (3), Stats., shall apply to the department on forms provided by it. The department shall deny any application for a license which is not accompanied by the appropriate license fee specified by s. 29.563 (7), Stats. No fee may be charged for a permit.

NR 24.04 Note Note: Forms may be obtained from DNR area offices listed in the note following s. NR 24.07, or by writing: DNR Bureau of Fish Management, P.O. Box 7921, Madison, WI 53707.

NR 24.04(5) (5) Deadline. The department shall grant or deny a complete application for a permit or license under this section within 25 business days after it has been received by the department.

NR 24.04 History History: Cr. Register, May, 1987, No. 377, eff. 6-1-87; corrections in (2) and (4) were made under s. 13.93 (2m) (b) 7., Stats., Register November 2001 No. 551.

NR 24.05 NR 24.05 Reciprocity. The department shall grant reciprocal commercial clamming license privileges in accordance with s. 29.045 (2), Stats., to residents of Illinois, Iowa, Michigan, Minnesota or Missouri for the Wisconsin-Iowa, Wisconsin-Michigan and Wisconsin-Minnesota boundary waters if it determines that Wisconsin residents have been granted reciprocal rights, privileges and immunities by the other state.

NR 24.05 History History: Cr. Register, May, 1987, No. 377, eff. 6-1-87; correction made under s. 13.93 (2m) (b) 7., Stats., Register November 2001 No. 551.

NR 24.06 NR 24.06 Clamming methods and equipment.

NR 24.06(1) (1) Methods.

NR 24.06(1)(a) (a) No person may engage in clamming or commercial clam shelling except by hand while diving or wading or by the use of crow-foot bars.

NR 24.06(1)(b) (b) No person may commit malicious waste by discarding clams into the waters or on lands governed by Wisconsin.

NR 24.06(1)(c) (c) No person may intentionally damage or break a clam to make determination of its original size or species impossible.

NR 24.06(1)(d) (d) A person engaging in clamming or commercial clam shelling shall promptly return all undersize clams and all clams of a species not open to clamming or commercial clam shelling, respectively, to the bed of the water at the location where the clams were found. The clams shall be returned unopened and unharmed.

NR 24.06(1)(e) (e) No person may cook clams unless the person is a licensed clam buyer or the person cooks the clams for a licensed clam buyer and the person is the buyer’s licensed assistant clam buyer or licensed clam helper.

NR 24.06(2) (2) Equipment.

NR 24.06(2)(a) (a) No person may use a crow-foot bar longer than 20 feet while clamming or commercial clam shelling.

NR 24.06(2)(b) (b) No person may place more than 3 crow-foot bars in the water while clamming or commercial clam shelling.

NR 24.06(2)(c) (c) No person may possess more than 3 crow-foot bars while in or on the inland, boundary or outlying waters.

NR 24.06(2)(d) (d) No person may use more than one boat for clamming or for commercial clam shelling with crow-foot bars.

NR 24.06 History History: Cr. Register, May, 1987, No. 377, eff. 6-1-87.