Chapter NR 20

NR 20.38 History History: Cr. Register, May, 1999, No. 521, eff. 6-1-99; correction in (6) made under s. 13.93 (2m) (b) 7., Stats., Register September 2002 No. 561; CR 13-001: r. (2) Register August 2013 No. 692, eff. 9-1-13; CR 17-051: am. (1) (a), Register March 2018 No. 747 eff. 4-1-18; CR 23-058: am. (1) (a), (d), (e), r. (1) (g), (h), (j), (L), (3) (b), (5) Register June 2024 No. 822, eff. 7-1-24.

NR 20.39 NR 20.39 Permits for use of nonstandard minnow gear on inland waters.

NR 20.39(1) (1) The department may issue a permit under this section to a licensed bait dealer for the taking of minnows with minnow seines, minnow dip nets or minnow traps which are otherwise prohibited by s. NR 20.14. Applications shall be submitted on forms available from the department to the regional office having jurisdiction over the affected waters, and all of the following provisions shall apply to nonstandard gear permits:

NR 20.39 Note Note: The permit application form is available at https://dnr.wi.gov, search “bait harvest.

NR 20.39(1)(a) (a) The department may issue the permit if it determines that all of the conditions of this paragraph are met, and may specify conditions in the permit to minimize user conflict in the waterbodies of harvest, manage cumulative harvest of minnows from specific waterbodies, minimize bycatch, and protect fish habitat:

NR 20.39(1)(a)1. 1. For waters with adequate public access according to s. NR 1.90 (2) (a), the department shall determine if:

NR 20.39(1)(a)1.a. a. The department does not need the minnows for its fish management activities.

NR 20.39(1)(a)1.b. b. Removal of the minnows will not cause or substantially contribute to a long-term depletion of the forage base.

NR 20.39(1)(a)1.c. c. Threatened or endangered species listed in ch. NR 27 are not known to be present in or near the affected water.

NR 20.39(1)(a)1.d. d. Unique or sensitive biological values such as nesting loons or heron rookeries are not present in, on or near the affected water.

NR 20.39(1)(a)1.e. e. The use of the minnow seines, minnow dip nets or minnow traps is not likely to hinder or interfere with the exercise of a permit issued earlier in the year to another person for the water.

NR 20.39(1)(a)1.f. f. The use of the minnow seines, minnow dip nets or minnow traps is not likely to hinder or interfere with any other public uses of the water.

NR 20.39(1)(a)1.g. g. The use of the minnow seines, minnow dip nets or minnow traps is not likely to result in the spread of invasive species or diseases.

NR 20.39(1)(a)2. 2. For waters lacking adequate public access and for waters surrounded by private lands, the department shall determine if:

NR 20.39(1)(a)2.a. a. The requirements of subd. 1. a. to e. and g. are met; and

NR 20.39(1)(a)2.b. b. The applicant provided the department with the name, mailing address and telephone number of the person granting the applicant legal access to the water.

NR 20.39 Note Note: Under s. NR 19.057, a bait dealer also must have a wild harvest permit from the department to take wild minnows for use as bait.

NR 20.39(1)(b) (b) Permits issued by the department under this subsection shall:

NR 20.39(1)(b)1. 1. Include the permit holder’s name, address and bait dealer’s license number.

NR 20.39(1)(b)2. 2. Specify the water where the permit is valid.

NR 20.39(1)(b)3. 3. Describe the minnow seines, minnow dip nets or minnow traps authorized.

NR 20.39(1)(b)3m. 3m. Specify conditions on raising the traps and removing minnows.

NR 20.39(1)(b)3s. 3s. For gear set in trout streams, specify conditions limiting gear type, size or number based on stream size.

NR 20.39(1)(b)4. 4. Include an expiration date of December 31 of the calendar year in which the permit is issued, unless an earlier date is set under par. (c).

NR 20.39(1)(b)5. 5. Prohibit the removal or destruction of vegetation, logs and other habitat features.

NR 20.39(1)(b)6. 6. Require that minnows be transported only in tanks equipped with either an oxygen tank or an adequate aeration system.

NR 20.39(1)(b)7. 7. Require that transport tanks and holding facilities not be loaded beyond their capacity to keep the minnows alive and healthy.

NR 20.39(1)(b)8. 8. Require that all minnows taken under the permit be sold or used only for angling or rearing of fish in department or private fish hatcheries.

NR 20.39(1)(b)9. 9. Require that all minnows which are not kept for use or sale and all game fish caught by the minnow seines, minnow dip nets or minnow traps be promptly returned unharmed to the water.

NR 20.39(1)(c) (c) The department may require reporting of the permit holder’s activities under the permit and may set reasonable permit conditions to insure that the requirements of par. (a) are met.

NR 20.39(1)(d) (d) The department shall act on a complete application for a permit under this section within 20 business days after it is received by the appropriate department regional office.

NR 20.39(1)(e) (e) No permit holder may cause or allow the violation of any term or condition of a permit issued under this section. In addition to any other penalties, if a permit holder is convicted of causing or allowing a violation of any term or condition of a permit, the permit is terminated.

NR 20.39(1)(f) (f) The department may, at any time, revoke or modify a permit issued under this section if it determines that the minnow supply is in danger of being depleted in the water for which the permit was issued. A permit revocation or modification shall become effective when it is received by the permit holder or 3 business days after it is mailed to the permit holder at the address shown on the permit, whichever occurs first.

NR 20.39(1)(g) (g) Any person aggrieved by a decision of the department under this section may, within 30 days of the mailing of the decision, request a contested-case hearing before the department on the decision under s. 227.42, Stats.

NR 20.39 History History: Cr. Register, May, 1999, No. 521, eff. 6-1-99; CR 01-012: am. (1) (intro.), cr. (1) (b) 3m., Register November 2001 No. 551, eff. 4-1-02; emerg. am. (1) (intro.) and (a), eff. 11-2-07; CR 07-074: am. (1) (intro.) and (a) Register May 2008 No. 629, eff. 6-1-08; CR 23-053: am. (1) (intro.), (a) (intro.), cr. (1) (b) 3s. Register April 2024 No. 820, eff. 5-1-24; correction in (1) (b) 1. to 3., 4. to 8. made under s. 35.17, Stats., Register April 2024 No. 820.

NR 20.40 NR 20.40 Fishing tournaments.

NR 20.40(1) (1) Applicability. This section applies to fishing tournaments on lakes, rivers, the Great Lakes, Wisconsin-Minnesota boundary waters as defined in s. NR 21.02 (39), Wisconsin-Iowa boundary waters as defined in s. NR 22.02 (34), and Wisconsin-Michigan boundary waters as defined in s. NR 23.02 (10).

NR 20.40(2) (2) Definitions. In this section:

NR 20.40(2)(a) (a) “Aquatic invasive species” has the meaning in s. NR 193.03 (3).

NR 20.40(2)(b) (b) “Aquatic plant” has the meaning in s. 30.07 (1) (b), Stats.

NR 20.40(2)(c) (c) “Catch and kill tournament” means a fishing tournament where fish are caught by participants, reduced to their possession, and retained as part of the participant’s daily bag limit.

NR 20.40(2)(d) (d) “Catch-hold-release tournament” means a fishing tournament where fish caught by participants are reduced to possession and transported, usually for purposes of recording, and live fish are then released to the water from which they came. This format was previously referred to as a “live-release” tournament.

NR 20.40(2)(dm) (dm) “Cull” or “culling” means the practice of releasing a live fish that was held in an angler’s possession and replacing it with another fish. Live fish that are released and capable of swimming away under their own power are not considered part of the angler’s daily bag limit provided the total number of fish possessed at any one time does not exceed the angler’s daily bag limit.

NR 20.40 Note Note: Section 29.403 (1m), Stats., allows culling only during largemouth and smallmouth bass fishing tournaments authorized by the department. An angler must release the fish to be culled without unnecessary delay when keeping a new fish that would otherwise put them over their daily bag limit, and may not resume fishing or other activities until the fish to be culled is first released.

NR 20.40(2)(e) (e) “Fishing tournament” means any organized fishing activity, on any water of the state where competition is the primary purpose, and where incentives, such as money, prizes or points, are awarded.

NR 20.40(2)(f) (f) “Immediate-release tournament” means a fishing tournament where fish caught by participants are not reduced to possession and transported, but are held only long enough for identification and to document length or weight or both, and released to the water from which they came.

NR 20.40(2)(g) (g) “Live well” means a container designed to hold live fish on a boat.

NR 20.40(2)(h) (h) “Off-site weigh-in” means a weigh-in of fish caught in a catch-hold-release tournament at a location that is not on the shoreline or adjacent to the waters listed on the fishing tournament permit.

NR 20.40(2)(i) (i) “Open water fishing” means all fishing that occurs except when ice is used as a platform from which to fish.

NR 20.40(2)(j) (j) “Opening weekend” means the first Saturday and consecutive Sunday in May.

NR 20.40(2)(k) (k) “Organize” means to advance, conduct, direct, establish, promote or otherwise be responsible for the operation of a fishing tournament.

NR 20.40(2)(L) (L) “Organizer” means a person who advances, conducts, directs, establishes, organizes, promotes or otherwise is responsible for the operation of a fishing tournament, but does not include a person who only assists in advertising or publicizing another person’s fishing tournament.

NR 20.40(2)(m) (m) “Permitted fishing tournament” means a fishing tournament that requires a permit from the department.

NR 20.40(2)(n) (n) “Permitted fishing tournament boat days” is a measure of tournament fishing pressure for open water permitted fishing tournaments. It is calculated by multiplying the number of boats participating in an open water permitted fishing tournament by the number of days the permitted fishing tournament is held. Any part of a day shall count as one day.

NR 20.40(2)(o) (o) “Person” means any individual, partnership, association, organization or body politic or corporate.

NR 20.40(2)(p) (p) “Possess” for the purposes of this section means to own, control, restrain, transport or keep. Once a fish is possessed, it shall be counted towards the angler’s daily bag limit pursuant to s. NR 20.05 (7). Any of the following conditions constitute possession:

NR 20.40(2)(p)1. 1. Holding a fish out of the water longer than necessary to remove hooks and measure the fish for length, weight or both.

NR 20.40(2)(p)2. 2. Placing a fish into a live well except to revive a fish or to avoid imminent boating danger.

NR 20.40(2)(p)3. 3. Holding a fish at the side of a stationary boat for longer than necessary to register and revive the fish.

NR 20.40(2)(p)4. 4. Resuming fishing by any angler in the boat prior to the release of the fish.

NR 20.40(2)(q) (q) “Prizes” means money or items that are provided to a tournament participant based on their performance in a competitive fishing event. This does not include “raffle” type prizes which are given to tournament participants independent of their performance in the competitive fishing event.

NR 20.40(2)(r) (r) “Traditional fishing tournament” means a fishing tournament that was issued permits 4 out of 5 years from 2004 to 2008, for the same water or waters and time period. Beginning January 1, 2009, traditional fishing tournaments shall continue to be conducted at least 4 out of 5 years for the same waterbody and time period to remain a traditional fishing tournament.

NR 20.40(2)(s) (s) “Weigh-in” means a registration process for catch-hold-release tournaments by which fish are measured and released.

NR 20.40 Note Note: Weigh-ins on certain department-managed properties may require special event authorization from the department, pursuant to ch. NR 45.

NR 20.40(3) (3) Permit required. No person may carry out a fishing tournament that meets any of the criteria in pars. (a) to (f), without a permit. A person shall obtain a permit from the department to organize a fishing tournament when the waters to be fished are identified by name by the organizer and one or more of the following apply:

NR 20.40(3)(a) (a) The fishing tournament involves 20 or more boats, or 100 or more participants.

NR 20.40(3)(b) (b) The fishing tournament includes any trout species on waters classified as trout streams under s. NR 1.02 (7).

NR 20.40(3)(c) (c) The fishing tournament is a catch-hold-release tournament with an off-site weigh-in.

NR 20.40(3)(d) (d) The total prize value is $10,000 or greater.

NR 20.40(3)(e) (e) Tournament participants are allowed to cull largemouth and smallmouth bass.

NR 20.40(3)(f) (f) Notwithstanding the size and bag limits established in s. NR 20.20, catch-hold-release tournament participants are allowed to take a daily bag limit of up to five bass of a minimum of 14 inches in length.

NR 20.40(3m) (3m) Permit exceptions. Except as provided in s. NR 20.40 (3) (f), organizers do not need a permit under this section to organize and conduct any of the following:

NR 20.40(3m)(a) (a) Fishing tournaments that are statewide or regional in nature where the specific waters to be fished and landings that must be used, if any, are not identified by name.

NR 20.40(3m)(b) (b) Fishing tournaments that do not require identification or registration of participants prior to engaging in the tournament.

NR 20.40(3m)(c) (c) Fishing tournaments that fulfill all of the following:

NR 20.40(3m)(c)1. 1. Continue for more than 4 days.

NR 20.40(3m)(c)2. 2. Do not require participants to fish at the same time.

NR 20.40(3m)(c)3. 3. Allow participants to register at any time during the tournament.

NR 20.40(3m)(c)4. 4. Do not specify a weigh-in time.

NR 20.40(3s) (3s) Tournament self-registration. A person who organizes a fishing tournament that does not require a permit from the department as determined under subs. (3) and (3m) shall register the event with the department no later than 72 hours prior to the start of the event, in the manner specified by the department, and shall provide all of the following information:

NR 20.40(3s)(a) (a) The date or date range of the event.

NR 20.40(3s)(b) (b) The waterbodies that will be fished during the event unless the event is statewide or regional in nature and no specific waterbodies or landings are named.

NR 20.40(3s)(c) (c) The estimated number of participants.

NR 20.40(3s)(d) (d) The estimated number of boats, unless the event is an ice fishing tournament.

NR 20.40(3s)(e) (e) The fish species targeted.

NR 20.40(3s)(f) (f) Other information required by the department in the registration form.

NR 20.40(4) (4) Application. A person who wishes to organize a fishing tournament requiring a permit from the department shall apply on forms available from the department.

NR 20.40(4)(a) (a) Permit applications shall specify an individual who is responsible for supervising the tournament to ensure compliance with all tournament permit conditions and regulations.

NR 20.40(4)(b) (b) Applicants for a fishing tournament permit shall pay a $25.00 non-refundable permit application fee upon submission of the application when the following conditions apply: