Chapter NR 20

NR 20.10(9)(a) (a) The person spearing the carp shall be in possession of an unused sturgeon carcass tag for the water and season during which the carp is incidentally harvested.

NR 20.10(9)(b) (b) The person spearing the carp shall be in possession of a valid fishing license, in addition to the sturgeon spearing license, unless exempt from the requirement to possess a fishing license under s. 29.219, Stats.

NR 20.10(9)(c) (c) Any carp speared shall be removed from the water, bank or shore.

NR 20.10 History History: Cr. Register, May, 1999, No. 521, eff. 6-1-99; CR 01-012: am. (4) to (6), (10) and (11), Register November 2001 No. 551, eff. 4-1-02; CR 01-013: cr. (3m) and (3s), Register November 2001 No. 551, eff. 12-1-01; CR 02-014: am. (10), cr. (10m), Register September 2002 No. 561, eff. 10-1-02; CR 03-014: cr. (1m) and (1r) Register November 2003 No. 575, eff. 4-1-04; CR 05-073: am. (1r) and (8) Register January 2006 No. 601, eff. 3-1-06; CR 13-019: am. (10), (10m) Register December 2013 No. 696, eff. 1-1-14; CR 15-014: am. (8), (9) Register December 2015 No. 720, eff. 1-1-16; EmR1613: emerg. am. (4), cr. (4m), am. (5) to (7), cr. (7m), am. (8), (10), (11), cr. (12), eff. 3-12-16; EmR1712: emerg. cr. (7m), eff. 6-17-17; CR 17-061: r. and recr. Register February 2018 No. 746, eff. 3-1-18; CR 17-051: am. (3), am. (3s) [recreated as (5) by CR 17-061], Register March 2018 No. 747 eff. 4-1-18; CR 19-016: cr. (7) Register March 2020 No. 771, eff. 4-1-20; CR 19-016: cr. (7) Register March 2020 No. 771, eff. 4-1-20; CR 19-091: am. (4), (6), cr. (7) Register March 2020 No. 771, eff. 4-1-20; (7), as cr. by CR 19-091, renum. to (8) under s. 13.92 (4) (b) 1. Register March 2020 No. 771; CR 21-021: cr. (9) Register November 2021 No. 791, eff. 4-1-22; CR 23-058: am. (7) Register June 2024 No. 822, eff. 7-1-24.

NR 20.105 NR 20.105 Sturgeon spearing licenses.

NR 20.105(1) (1) Upriver lakes license application procedures. Persons applying to spear sturgeon on the upriver lakes shall apply for an upriver lakes sturgeon spearing license as follows:

NR 20.105(1)(a) (a) Application deadlines. All upriver lakes sturgeon spearing license applications shall be received by the date established by the department to be considered for selection.  The annual application deadline date may be no earlier than July 1.

NR 20.105 Note Note: The department conducts extensive publicity on the application deadlines beginning several months prior to any deadline. Application deadline dates are published in news releases, license outlet handouts, and pertinent regulation pamphlets. Applications may be obtained from any department license vendor.  Applications and information may be obtained from the Bureau of Customer Service and Licensing address is 101 South Webster, Box 7924, Madison, WI 53707.

NR 20.105(1)(b) (b) Group applications. If a maximum of 4 persons wish to spear sturgeon on the upriver lakes together, each shall first apply for an individual upriver lakes sturgeon spearing license and then complete a group application form. The group application shall be treated as one application for purposes of random selection under the cumulative preference system and consideration for a license. The group’s preference standing shall be that of the member with the lowest number of preference points. If the group is selected to receive upriver lakes sturgeon spearing licenses, all members of the group will lose all accumulated preference points.

NR 20.105(1)(c) (c) Prohibition of purchase of Lake Winnebago spearing license. No person who applies for an upriver lakes sturgeon spearing license may purchase a Lake Winnebago sturgeon spearing license in the same year, except unsuccessful applicants for an upriver lakes license may purchase a Lake Winnebago sturgeon spearing license after October 1.

NR 20.105(1)(d) (d) Applications for upriver lakes. No person may apply for an upriver lakes sturgeon spearing license unless they will become 12 years of age before or on the last day of the upcoming sturgeon spearing season.

NR 20.105(2) (2) Licensee selection procedures.

NR 20.105(2)(a) (a) If the number of applications for licenses for the upriver lakes sturgeon spearing season exceeds the available quota of licenses, successful applicants shall be randomly selected in accordance with the preference system established under s. 29.192 (4), Stats. No person may purchase an upriver lakes sturgeon spearing license unless they are a successful applicant who has received authorization to purchase from the department.

NR 20.105 Note Note: Section 29.192, Stats., Regulation of takings of certain wild animals.  (4) If the department decides to limit the number of hunters or trappers taking Canada geese, sharp-tailed grouse, fishers, otters, bobcats or sturgeon by issuing permits and if the number of persons seeking the permits exceeds the number of available permits, the department shall issue the permits according to a cumulative preference system established by the department. The department shall give a preference point to each applicant for each previous season for which the applicant applied but was not issued a permit. The system shall establish preference categories for these applicants, with higher priority given to those categories with more points than those with fewer points. Applicants who fail to apply at least once during any 3 consecutive years shall lose all previously accumulated preference points. If the number of applicants within a preference category or a subcategory exceeds the number of permits available in the category or subcategory, the department shall select at random within the category or subcategory the applicants to be issued the permits.

NR 20.105(2)(b) (b) Upon selection, all successful applicants lose all accumulated preference points regardless of the length of the sturgeon spearing season or whether or not the successful applicant purchases a license.  Unsuccessful applicants who subsequently purchase a Lake Winnebago sturgeon spearing license shall retain all accumulated preference points.

NR 20.105(3) (3) Notification and carcass tag issuance.

NR 20.105(3)(a) (a) The department shall issue a notice of approval to those qualified applicants selected to receive an upriver lakes sturgeon spearing license. A person who receives a notice of approval and who pays the fee in the manner required by the department shall be issued an upriver lakes spearing license.

NR 20.105(3)(b) (b) Each successful applicant for an upriver lakes sturgeon spearing license shall be issued a carcass tag by the department upon issuance of the license.

NR 20.105(3)(c) (c) If the number of applications for licenses for an upriver lakes sturgeon spearing season is less than the available quota of licenses, the department may make available the remaining upriver lakes sturgeon spearing licenses to any person who has not purchased either a Lake Winnebago or upriver lakes sturgeon spearing license on a first-come, first-served basis. The issuance of a tag under this paragraph will result in loss of preference points accumulated under the cumulative preference system.

NR 20.105 Note Note: No person may purchase more than one sturgeon spearing license for the same spearing season according to s. 29.024 (2) (c), Stats.

NR 20.105 History History: CR 05-073: cr. Register January 2006 No. 601, eff. 3-1-06; CR 13-001: am. (1) (d) Register August 2013 No. 692, eff. 9-1-13; CR 17-061: r. (4), (5) Register February 2018 No. 746, eff. 3-1-18.

NR 20.11 NR 20.11 Ice fishing and fishing shelter restrictions.

NR 20.11(1) (1) No person may construct, place, use, maintain or occupy a fishing shelter on the ice of any waters of this state unless:

NR 20.11(1)(a) (a) The name and residential address or department of natural resources customer identification number in the English language of the person owning or using the fishing shelter is legibly painted or otherwise affixed on the outside of the fishing shelter with block lettering a minimum of one inch square and in contrasting colors. Fishing shelters that are occupied or otherwise in use are exempt from this requirement.

NR 20.11(1)(b) (b) The door can be readily opened from the outside while the shelter is occupied.

NR 20.11(1)(c) (c) The person is actively using the fishing shelter and it is removed from the ice daily and when not in use on the Fox river downstream from the DePere dam, Brown county.

NR 20.11(1)(d) (d) The fishing shelter is removed from the ice daily and when not in use after the first Sunday following March 1, on inland waters south of highway 64.

NR 20.11(1)(e) (e) The fishing shelter is removed from the ice daily and when not in use after the first Sunday following March 12, on inland waters north of highway 64 and all other outlying waters.

NR 20.11(2) (2) No person may cut, use or maintain a hole larger than 12 inches in diameter or square for the taking of fish in any manner through the ice except for spearing fish in Lake Superior, sturgeon spearing, taking fish with dip nets, taking minnows with minnow traps or skin or scuba diving.

NR 20.11(3) (3) The department or its agents may direct that fishing shelters be removed from the ice by a date earlier than specified in subs. (1) (d) or (e) if it has reason to believe that the ice has become unsafe for travel.

NR 20.11 History History: Cr. Register, May, 1999, No. 521, eff. 6-1-99; CR 01-012: am. (1) (a), Register November 2001 No. 551, eff. 4-1-02; CR 02-073: am. (1) (a), Register January 2003 No. 565, eff. 2-1-03; CR 04-024: am. (1) (e) Register December 2004 No. 588, eff. 1-1-05; CR 06-011: am. (1) (d) and (e) Register September 2006 No. 609, eff. 4-1-07; CR 19-091: am. (1) (a) Register March 2020 No. 771, eff. 4-1-20.

NR 20.12 NR 20.12 Setline and set or bank pole restrictions.

NR 20.12(1) (1) General restrictions. No person may use, set, lift, attend or possess any set or bank pole or setline on any water except the lower Wisconsin river, unless:

NR 20.12(1)(a) (a) Its use is specifically authorized by a set or bank pole license issued under s. 29.531 (1), Stats., or a setline license issued under s. 29.533 (1), Stats. No person may use, set, lift, attend or possess set or bank pole or setline licensed to another person.

NR 20.12(1)(b) (b) Its use in that water is specifically authorized in s. NR 20.20.

NR 20.12(1)(c) (c) A white flag at least 10 inches square bearing the number of the license authorizing its use in black figures at least 3 inches high and attached to the top of a flag staff that extends at least 3 feet above the surface of the water or bank is placed and maintained at one end of the setline or within 2 feet of the set or bank pole with a cord attached from the flag staff to the set or bank pole. The flag staff may not exceed 2 1/2 inches in diameter and shall be marked with 2 inch to 6 inch wide alternating horizontal black and white bands. When a buoy is used to hold the setline’s flag staff, the buoy shall be cylindrical in shape, 15 inches or less in diameter and marked with 2 inch to 6 inch wide alternating horizontal black and white bands. No person may place a setline flag, flag staff or pole in the main channel of any navigable waterway.

NR 20.12(1)(d) (d) A metal tag stamped with the number of the license authorizing its use is securely attached directly to the flag staff or pole of each setline or set or bank pole.

NR 20.12(1m) (1m) Lower Wisconsin river restrictions. No person may use, set, lift, attend or possess any set or bank pole or setline on the lower Wisconsin river unless:

NR 20.12(1m)(a) (a) Its use is specifically authorized by a set or bank pole license issued under s. 29.531 (1), Stats., or a setline license issued under s. 29.533 (1), Stats. No person may use, set, lift, attend or possess a set or bank pole or setline licensed to another person.

NR 20.12(1m)(b) (b) Its use in that water is specifically authorized in s. NR 20.20.

NR 20.12(1m)(c) (c) A white setline flag at least 10 inches square bearing the number of the license authorizing its use in figures at least 3 inches high and attached to a flag staff that extends at least 3 feet above the surface of the water or bank is placed and maintained at one end of the setline. The flag staff may not exceed 2 1/2 inches in diameter and shall be marked with 2 inch to 6 inch wide alternating horizontal black and white bands. When a buoy is used to hold the setline’s flag staff, the buoy shall be cylindrical in shape, 15 inches or less in diameter and marked with 2 inch to 6 inch wide alternating horizontal black and white bands. No person may place a setline flag, flag staff or pole in the main channel of any navigable waterway.

NR 20.12(1m)(d) (d) A metal tag stamped with the number of the license authorizing its use is securely attached directly to each set or bank pole and to the flag staff of each setline.

NR 20.12(2) (2) Gear, fishing methods and bait. No person may do any of the following:

NR 20.12(2)(a) (a) Use, set, lift, attend or possess more than 5 set or bank poles.

NR 20.12(2)(b) (b) Use, set, lift, attend, or possess more than one setline while on the waters of this state except as provided in ss. NR 21.11 (4) (d) and 22.12 (1).

NR 20.12(2)(c) (c) Use, set, lift or attend a set or bank pole equipped with more than one line, which may not have more than 2 hooks.

NR 20.12(2)(d) (d) Use, set, lift or attend a setline with more than 25 hooks.

NR 20.12(2)(e) (e) Use, set, lift, attend or possess any set or bank pole or setline between one-half hour after sunset and one-half hour before sunrise.

NR 20.12(2)(f) (f) Use or set a set or bank pole or setline unless it is lifted and the catch removed at least once each day following the day it was set unless a longer period is authorized by the department or its agents.

NR 20.12(2)(g) (g) Use, set, lift or attend a set or bank pole or setline while in possession of hook and line fishing equipment.

NR 20.12(2)(h) (h) Use, set, lift or attend a set or bank pole or setline that is equipped with any hooks that have a gap between the juncture of the barb with the shank measured across to the opposite shank smaller than 3/4 inch except that on the Mississippi river there is no hook size restriction.

NR 20.12(2)(i) (i) Use whole or live fish as bait on set or bank poles or setlines on Lakes Butte des Morts, Little Butte des Morts, Winnebago and Winneconne, Winnebago county, Lake Poygan, Waushara and Winnebago counties and the Black river, Jackson, LaCrosse and Trempealeau counties.

NR 20.12(2)(j) (j) Use live crawfish or whole or live fish less than 5 inches in length as bait on set or bank poles or setlines.

NR 20.12(2)(k) (k) Place, use, set, or fail to remove from state lands or waters of the state any setline, set or bank pole, or part thereof, prior to or following the close of the open season authorizing the use of setlines, set or bank poles in s. NR 20.20.

NR 20.12(3) (3) Restrictions on harvest.

NR 20.12(3)(a) (a) No person may take, retain, kill or possess any fish or other animal taken on a set or bank pole or setline other than catfish, rough fish or turtles.

NR 20.12 Note Note: All game fish taken on any set or bank pole or setline shall be immediately returned to the water except catfish taken in compliance with this section.

NR 20.12(3)(b) (b) The size, bag and possession limits for catfish and rough fish established in s. NR 20.20 shall apply to all persons who fish with set or bank poles or setlines.

NR 20.12(4) (4) Sale of fish. No person may sell any fish taken on a set or bank pole or setline except the following:

NR 20.12(4)(a) (a) Rough fish.

NR 20.12(4)(b) (b) Channel catfish taken from lakes Winnebago, Butte des Morts, Winneconne, Poygan, and the Wolf river from 500 feet below the Shawano dam downstream to its mouth.

NR 20.12 Note Note: Refer to s. NR 19.275 for inland turtle regulations.

NR 20.12 History History: Cr. Register, May, 1999, No. 521, eff. 6-1-99; am. (1) (intro.), (c) and (d), cr. (1m), Register, February, 2000, No. 530, eff. 3-1-00; correction in (2) (b) was made under s. 13.93 (2m) (b) 7., Stats; CR 01-012: am. (2) (h) and (4) (b); CR 01-013: am. (4) (c), Register November 2001 No. 551, eff. 4-1-02; CR 04-024: am. (4) (intro.), r. (4) (b), renum. (4) (c) to be (4) (b) Register December 2004 No. 588, eff. 1-1-05; CR 05-015: cr. (2) (k) Register October 2005 No. 598, eff. 4-1-06; CR 10-053: am. (2) (b) Register December 2010 No. 660, eff. 1-1-11.

NR 20.13 NR 20.13 General netting restrictions. No person may do any of the following:

NR 20.13(1) (1) Possess, control or operate in any manner any net, seine or similar device that might be used for the purposes of fishing at any time while on any water or on the banks or shores of any water except as specifically authorized in this section, s. NR 20.14 or 20.20.

NR 20.13(2) (2) Set, use or operate a dip net or seine from sunset to sunrise unless specifically authorized in s. NR 20.20.

NR 20.13(3) (3) Set, use or operate more than one dip net.

NR 20.13(4) (4) Set, use or operate a dip net in any manner other than by raising and lowering it vertically while fishing.

NR 20.13(5) (5) Fish in any other manner while operating a dip net or seine.

NR 20.13(6) (6) Fish with hook and line from any boat while in possession of a dip net.

NR 20.13(7) (7) Leave a dip net or seine unattended within 25 feet of the edge of the water.

NR 20.13(8) (8) Sell, barter or trade in any manner any sucker taken with a dip net or seine.

NR 20.13(9) (9) Set, use or operate a landing net other than for landing a fish that is legally hooked or to net fish as authorized with the use of dip nets under this chapter or chs. NR 21 to 23.

NR 20.13 History History: Cr. Register, May, 1999, No. 521, eff. 6-1-99; CR 01-012: am. (6) and (7), Register November 2001 No. 551, eff. 4-1-02; CR 08-010: cr. (9) Register November 2008 No. 635, eff. 4-1-09.

NR 20.14 NR 20.14 Minnow collecting restrictions. No bait dealer may take minnows for use as bait from any inland or outlying water without a wild harvest permit from the department under s. NR 19.057. In addition, no person may do any of the following:

NR 20.14(1) (1) Set, use or operate any net, trap or similar device for the taking of minnows other than minnow seines, minnow dip nets and minnow traps as authorized in s. NR 20.20 unless issued a non-standard gear permit by the department under s. NR 20.39 pursuant to s. 29.516 (1), Stats.

NR 20.14(2) (2) Set, use or operate any minnow seine, minnow dip net, minnow trap or similar device for the taking of minnows in any water unless specifically authorized in s. NR 20.20 or 20.39. Minnow seines or minnow dip nets of any type or description may not be set, used or operated in any trout stream unless a non-standard gear permit is issued by the department under s. NR 20.39.

NR 20.14(3) (3) Set, use or operate minnow traps in any water that is posted as having been chemically treated to reestablish a trout fishery.

NR 20.14(4) (4) Set, use or operate minnow traps unless a label or tag bearing the legible name and address or department of natural resources customer identification number of the operator in the English language is securely attached.

NR 20.14(5) (5) Set, use or operate minnow traps unless they are raised and the minnows are removed from them at least once every 48 hours from all waters except trout streams.

NR 20.14(6) (6) Set, use or operate minnow traps in trout streams during the closed season for trout unless issued a non-standard gear permit by the department under s. NR 20.39. The permit authorizing placement of minnow traps in trout streams during the closed season for trout shall specify conditions on raising the traps and removing minnows.

NR 20.14(7) (7) Set, use or operate more than 3 minnow traps in trout streams during the open season for trout except licensed bait dealers.

NR 20.14(7)(a) (a) No more than a total of 20 minnow traps may be set, used or operated by licensed bait dealers during the open season for trout when removing minnows from one or more trout streams unless issued a non-standard gear permit by the department under s. NR 20.39.

NR 20.14(7)(b) (b) Minnow traps set, used or operated on trout streams during the open season for trout shall be raised and the minnows removed from them at least once every 24 hours.

NR 20.14(8) (8) Possess or control more than 600 minnows at any time unless licensed as a bait dealer under s. 29.509, Stats.

NR 20.14 Note Note: With certain exceptions, s. NR 19.05 (3) prohibits the transportation of live fish and live fish eggs, including minnows, taken from any water of the state.

NR 20.14(9) (9) Notwithstanding any other provision in this chapter or chs. NR 21 to 23, use or operate any net, trap or similar device for the taking of minnows, or fish for minnows except suckers for any purpose using any gear in Lake Michigan, Green Bay, Lake Superior, the Mississippi River, Lake Winnebago, the Fox River from Lake Winnebago to Green Bay, or any bay, slough or backwater of these waters, or any water connected to these waters, upstream to the first dam or other obstruction impassable to fish, or in any other water where the department has determined that the Viral Hemorrhagic Septicemia virus is present based on test results or other empirical evidence. If the department determines that the Viral Hemorrhagic Septicemia virus is present in any additional water body, it shall promptly notify the public of its determination by issuing a press release, by publication in the official state newspaper, and by such other means as the department determines are reasonably likely to inform the public.

NR 20.14(10) (10) Transport away from the water or its bank or shore any live sucker taken from Lake Michigan, Green Bay, Lake Superior, the Mississippi River, Lake Winnebago, the Fox River from Lake Winnebago to Green Bay, or any bay, slough or backwater of these waters, or any water connected to these waters, upstream to the first dam or other obstruction impassable to fish, or from any additional water where the department has determined under sub. (9) that the Viral Hemorrhagic Septicemia virus is present.

NR 20.14 History History: Cr. Register, May, 1999, No. 521, eff. 6-1-99; CR 01-012: am. (3) and (6), Register November 2001 No. 551, eff. 4-1-02; emerg. am. eff. 11-2-07; EmR0808: emerg. cr. (9) and (10), eff. 4-4-08; CR 07-074: am. Register May 2008 No. 629, eff. 6-1-08; CR 19-091: am. (4), (9), (10) Register March 2020 No. 771, eff. 4-1-20.