Chapter NR 324

Register April 2005 No. 592

Chapter NR 324

FISHING RAFTS IN NAVIGABLE WATERS

NR 324.01   Purpose.

NR 324.02   Applicability.

NR 324.03   Definitions.

NR 324.04   Registration and transfer.

NR 324.05   Application for registration.

NR 324.06   Registration fee.

NR 324.07   Registration certificate.

NR 324.08   Numbering pattern.

NR 324.09   Displaying fishing raft number.

NR 324.10   Maintaining fishing rafts.

NR 324.11   Flotation device condition, attachment and maintenance.

NR 324.12   Enforcement.

NR 324.13   Non-compliance.

NR 324.01 NR 324.01 Purpose. These rules are developed pursuant to ss. 30.126 (5) (g), (j) and (6) (a) and 227.11 (2) (a) and (b), Stats., to establish minimum standards for flotation devices used on fishing rafts, for maintenance and repair of fishing rafts to ensure an aesthetically pleasing appearance and to reduce the possibility of fishing rafts being a source of debris or litter in the waterway, and for uniform registration of fishing rafts on authorized portions of the Wolf river.

NR 324.01 History History: Cr. Register, January, 1985, No. 349, eff. 2-1-85; correction made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1995, No. 478.

NR 324.02 NR 324.02 Applicability. This chapter shall apply to all fishing rafts on the Wolf river and its tributaries from the Shawano dam downstream to Lake Poygan.

NR 324.02 History History: Cr. Register, January, 1985, No. 349, eff. 2-1-85.

NR 324.03 NR 324.03 Definitions.

NR 324.03(1) (1) “Fishing raft” has the meaning given in s. 30.01 (1p), Stats., and may include a boat when it is not normally used as a means of transportation on water and when it is normally retained in place by means of a permanent or semi-permanent attachment to the shore or to the bed of a waterway.

NR 324.03(2) (2) “Flotation device” has the meaning given in s. 30.01 (1t), Stats.

NR 324.03(3) (3) “From the waterway” for the purposes of s. 30.126 (5) (f), Stats., and this chapter, means above and landward of the ordinary high water mark.

NR 324.03(4) (4) “Normally retained in place by means of a permanent or semi-permanent attachment to the shore or the bed of the waterway”, for purposes of s. 30.01 (1p), Stats., and this chapter, means a placement waterward of the ordinary high water mark and on the water for a minimum of 14 consecutive days in each year.

NR 324.03(5) (5) “Ordinary high water mark” means the point on the bank or shore up to which the presence and action of surface water is so continuous as to leave a distinctive mark either by erosion, destruction of terrestrial vegetation, or other easily recognized characteristic. Where the bank or shore at any particular place is of such character that it is impossible or difficult to ascertain where the point of ordinary high water mark is, recourse may be had to other places on the bank or shore of the same stream or lake to determine whether a given stage of water is above or below the ordinary high water mark.

NR 324.03(6) (6) “Wolf river municipality” has the meaning given in s. 30.01 (10), Stats.

NR 324.03 History History: Cr. Register, January, 1985, No. 349, eff. 2-1-85; CR 02-045: r. and recr. Register December 2002 No. 564, eff. 1-1-03.

NR 324.04 NR 324.04 Registration and transfer.

NR 324.04(1) (1) Any person constructing, placing or maintaining a fishing raft on authorized portions of the Wolf river and its stream tributaries shall register each fishing raft annually with the municipality in which the fishing raft will be most frequently used.

NR 324.04(2) (2) All registrations shall expire on December 31 of each year.

NR 324.04(3) (3) Any person who acquires an interest in an existing fishing raft shall submit an application within 15 days to transfer the registration number and shall include the information required in s. NR 324.06.

NR 324.04(4) (4) 

NR 324.04(4)(a) (a) If a Wolf river municipality fails to adopt by ordinance a uniform registration for fishing rafts within 120 days after February 1, 1985 or fails to adequately administer or enforce the uniform registration system for fishing rafts, the department, after providing notice and conducting a hearing on the matter, may adopt or administer and enforce the uniform registration system for fishing rafts in that municipality.

NR 324.04(4)(b) (b) If the department adopts, administers or enforces the uniform registration system for fishing rafts in a Wolf river municipality the owner of the raft shall register the fishing raft with the department of natural resources.

NR 324.04 Note Note: Application shall be with the Water Management Coordinator, Wisconsin Department of Natural Resources, Box 10448, Green Bay, WI 54307.

NR 324.04 History History: Cr. Register, January, 1985, No. 349, eff. 2-1-85.

NR 324.05 NR 324.05 Application for registration. An application for new or renewal fishing raft registration shall contain the following information:

NR 324.05(1) (1) The owner’s name;

NR 324.05(2) (2) The owner’s address, including ZIP code, and telephone number;

NR 324.05(3) (3) The name of the municipality in which the fishing raft is or will be most frequently used;

NR 324.05(4) (4) The registration number authorized previously for the fishing raft, if any, and expiration date;

NR 324.05(5) (5) Whether the application is a new registration, renewal of registration or transfer of ownership; and

NR 324.05(6) (6) Written permission from the riparian owner of the site at which the raft is to be located or proof of riparian ownership such as a copy of a deed or tax statement.

NR 324.05 History History: Cr. Register, January, 1985, No. 349, eff. 2-1-85; CR 02-045: renum. (1) to be (intro.) to (6) and am. (6), Register December 2002 No. 564, eff. 1-1-03.

NR 324.06 NR 324.06 Registration fee.

NR 324.06(1) (1) The annual fishing raft registration fee shall be $5 and shall accompany each new or renewal registration application.

NR 324.06(2) (2) A fee is not required for a transfer of ownership application if the previous owner has paid the fee for that calendar year.

NR 324.06(3) (3) The municipality shall use the annual registration fee to administer and enforce the uniform registration system and fishing raft restrictions.

NR 324.06(4) (4) If the department adopts, administers or enforces the uniform registration system for fishing rafts in a Wolf river municipality, the department will retain all registration fees for fishing rafts registered in that municipality.

NR 324.06 History History: Cr. Register, January, 1985, No. 349, eff. 2-1-85.

NR 324.07 NR 324.07 Registration certificate.

NR 324.07(1) (1) The municipality shall issue a certificate of registration which contains the following information for each fishing raft:

NR 324.07(1)(a) (a) Fishing raft registration number;

NR 324.07(1)(b) (b) Expiration date;

NR 324.07(1)(c) (c) Name of issuing municipality;

NR 324.07(1)(d) (d) Owner’s name; and