NR 21.11 Commercial fishing restrictions. Subchapter IV — Turtles
Subchapter V — General Provisions
NR 21.14 Transportation of fish and turtles. NR 21.16 Taking of fish by and for the department. NR 21.17 Conflicting rules. Ch. NR 21 NoteNote: Chapter NR 21 as it existed on February 28, 1979, was repealed and a new chapter NR 21 was created effective March 1, 1979. Corrections made under s. 13.93 (2m) (b) 7., Stats., Register, January, 1999, No. 517. NR 21.01(1)(1) This chapter, along with other applicable rules and statutes, regulates fishing in the Wisconsin-Minnesota boundary waters. NR 21.01(2)(2) The rules contained in this chapter are not intended to, nor do they authorize, the sale or introduction into interstate commerce for purposes of human consumption or use fish taken from the Wisconsin-Minnesota boundary waters which fail to meet or comply with food and drug administration (FDA) standards. NR 21.01 HistoryHistory: Cr. Register, February, 1979, No. 278, eff. 3-1-79. NR 21.015(1)(1) On the first Saturday and consecutive Sunday of June and the third Saturday and consecutive Sunday of January each year, no fishing license is required to fish the Wisconsin-Minnesota boundary waters. NR 21.015(2)(2) The license waiver of sub. (1) does not apply to commercial fishing license requirements. NR 21.015 HistoryHistory: Cr. Register, April, 1987, No. 376, eff. 5-1-87; am. (1), Register, April, 1989, No. 400, eff. 5-1-89; am. (1), Register, May, 1995, No. 473, eff. 6-1-95; CR 13-001: am. (1) Register August 2013 No. 692, eff. 9-1-13. NR 21.02NR 21.02 Definitions. Except as otherwise specifically defined in the statutes, the following terms, for the purposes of this chapter, are defined as follows: NR 21.02(3)(3) “Closed season” means that period of the year not included in the open season for each species of fish as provided in this chapter. NR 21.02(4)(4) “Commercial fish” means rough and detrimental fish as defined by this chapter, shovelnose (hackleback) sturgeon 25 inches long or longer only when taken on setlines, catfish 15 inches long or longer or dressed catfish at least 12 inches long and bullheads of any length when taken with commercial fishing gear and all taken while fishing under a commercial fishing license on the Mississippi River. NR 21.02(5)(5) “Commercial fishing gear” or “commercial gear” is that equipment specifically authorized for use in commercial fishing by this chapter. NR 21.02(7)(7) “Constant net attendance” means the continuous presence of a commercial fisher who remains on the water or ice within sight of his or her nets at all times without the aid of vision magnifying devices such as binoculars or spotting telescopes, except that after a net has been drawn, a licensed commercial fisher may temporarily leave the net to transport fish taken from the net to a landing. NR 21.02(8)(8) “Daily bag limit” has the meaning given in s. NR 20.03 (8) for fish and for turtles means the maximum number specified by rule of a turtle species which may be reduced to a person’s possession in a single day. NR 21.02(9)(9) “Dead set gill net” means a gill net that is set and allowed to catch fish without being moved and without constant net attendance by the operator. NR 21.02(10)(10) “Detrimental fish” means all species of Asian carp, including bighead, silver, grass and black carp. NR 21.02(11)(11) “Dressed fish” means a fish with the head and viscera removed but the tail on. NR 21.02(12)(12) “Drift net” means a net of any type that is not staked or anchored at one or both ends and is free to drift or move under the influence of wind or water current, whether or not the net has constant net attendance. NR 21.02(13)(13) “Drive netting” means a method of operating a net so that the operator is in constant net attendance and uses boats, motors, oars, plungers or other devices to create sound or vibrations in the water so as to chase, move or drive fish in the direction of the net. NR 21.02(14)(14) “Drive set gill net” means a gill net that is operated without being moved and has constant net attendance. NR 21.02(15)(15) “Fisher” means any person engaged in fishing. NR 21.02(18)(18) “Hooking” means, as used in s. NR 21.13, any activity which utilizes a dull-pointed, metal, barbless hook attached to a staff to remove a turtle from a body of water. NR 21.02(21)(21) “Length” for the purposes of measuring a fish, unless otherwise specified, means the distance measured in a straight line from the tip of the snout to the outermost end of the tail with the tail or caudal fin fully extended. NR 21.02(22)(22) “Lower pool 7” means that part of the Mississippi River bounded on the north by an imaginary line at a compass bearing of 65 1/2 degrees from river mile marker 709.5 to the north end of the Burlington Northern and Santa Fe main railroad track bridge that crosses the Black River; on the east by the Burlington Northern and Santa Fe main railroad tracks; on the south by the U.S. army corps of engineers lock and dam 7 dike; and on the west by the state line boundary between Wisconsin and Minnesota. NR 21.02(23)(23) “Lower pool 8” means that part of the Mississippi River bounded on the north by state highway 16; on the east by the Burlington Northern and Santa Fe main railroad tracks; on the south by the U.S. army corps of engineers lock and dam 8 dike; and on the west by the state line boundary between Wisconsin and Minnesota. NR 21.02(24)(24) “Minnows” means all species defined as such in s. 29.001, Stats., and bullheads not exceeding four inches in length. NR 21.02(25)(25) “Mississippi River” means all waters lying between the Chicago, Milwaukee, St. Paul and Pacific railroad tracks on the Minnesota side of the river, and the Burlington Northern and Santa Fe railroad tracks lying on the Wisconsin side of the river. Mississippi River includes Lake Onalaska and Lake Pepin. NR 21.02(26)(26) “Possession limit” has the meaning given in s. NR 20.03 (31) for fish, except in s. NR 21.13 where “possession limit” means the maximum number of a turtle species or group of turtle species set in s. NR 21.13 which may be possessed by a person at any time. NR 21.02(27)(27) “Rough fish” means all species defined as such in s. 29.001, Stats., and detrimental fish including amur carp which is also known as grass carp (Ctenopharyngodon idella). NR 21.02(29)(29) “Seine haul” means a single setting, retrieval and emptying of a seine, including placement of the net, driving fish in the direction of the net, drawing or lifting the net, or both, to entrap fish by retrieving one or both ends of the net, bagging the fish in the net, sorting and removal of the game fish in the net and removal of all fish from the net. NR 21.02 NoteNote: A single seine haul may take more than one day to complete from the time the net is set until all fish have been removed from the net.
NR 21.02(32)(32) “Sport fishing” or “angling” means any fishing, including the methods commonly known as hook and line fishing or angling, which is conducted without a commercial fishing license and with other than commercial fishing gear, but does not include the taking of turtles. NR 21.02(33)(33) “Stretch measure” means the extension measure of net mesh size whenever the size of mesh of a net is specified and is the distance between the extreme angles of any single mesh with the mesh fully stretched. NR 21.02(34)(34) “Supervisor” means any department employee assigned or designated to oversee fishing activities conducted under this chapter. NR 21.02(36)(36) “Turtle” means a reptile having horny, toothless jaws and a body enclosed in a bony or leathery shell into which the head, limbs and tail may be partially or fully withdrawn, and includes parts of turtles and turtle eggs. NR 21.02(37)(37) “Upper pool 7” means that part of the Mississippi River bounded on the north by the U.S. army corps of engineers lock and dam 6 dike; on the east by the Burlington Northern and Santa Fe main railroad tracks; on the south by an imaginary line at a compass bearing of 651/2 degrees from river mile marker 709.5 to the north end of the Burlington Northern and Santa Fe main railroad track bridge that crosses the Black River; and on the west by the state line boundary between Wisconsin and Minnesota. NR 21.02(38)(38) “Upper pool 8” means that part of the Mississippi River bounded on the north by the U.S. army corps of engineers lock and dam 7 dike, on the east by the Burlington Northern and Santa Fe main railroad tracks, on the south by state highway 16, and on the west by the state line boundary between Wisconsin and Minnesota. NR 21.02(39)(39) “Wisconsin-Minnesota boundary waters” for sport fishing purposes, means all waters of the Mississippi River, Lake St. Croix, the St. Croix River from the Burlington Northern and Santa Fe railroad bridge at Prescott, as far in a northerly direction as the St. Croix River forms and acts as boundary waters between the states of Wisconsin and Minnesota, and the St. Louis River from the north-south Wisconsin-Minnesota boundary line downstream to the Lake Superior beach line in the Superior entry including St. Louis Bay, Superior Bay, Little Pokegama Bay, Pokegama Bay upstream to highway 105, Kimballs Bay, Howard Bay, Allouez Bay and all other Bays connected to the St. Louis River. For the purpose of taking turtles and commercial fishing, “Wisconsin-Minnesota boundary waters” means all waters from the Burlington Northern and Sante Fe railroad tracks on the east side of the Mississippi River and from the east bank of the St. Croix River in Wisconsin, extending west to the state line between Wisconsin and Minnesota. NR 21.02 HistoryHistory: Cr. Register, February, 1979, No. 278, eff. 3-1-79; am. (2) Register, April, 1983, No. 328, eff. 5-1-83; r. and recr. (9), Register, February, 1991, No. 422, eff. 3-1-91; am. (2), Register, December, 1993, No. 456, eff. 1-1-94; cr. (4m), (6m) and (15m), am. (10), Register, February, 1997, No. 494, eff. 3-1-97; am. (2), (4m), (9) and (16) and cr. (4g), (4p), (5e), (5m), (5t), (6g), (7m), (7r), (11f), (11m), (15p) and (15v), Register, October, 1998, No. 514, eff. 11-1-98; am. (16), Register, May, 1999, No. 521, eff. 6-1-99; CR 04-024: am. (4m) and (10) Register December 2004 No. 588, eff. 1-1-05; CR 10-053: r. and recr. Register December 2010 No. 660, eff. 1-1-11; renumbering of (15) and (16) and correction in (30) made under s. 13.92 (4) (b) 1. and 7., Stats., Register December 2010 No. 660. NR 21.03NR 21.03 Reciprocity, sport fishing or spearing and dip netting. All residents of Wisconsin and Minnesota holding a resident fishing license from their respective states or residents other than Wisconsin and Minnesota holding an angling or sport fishing license issued by either state, may fish in any of the waters of the Mississippi river lying between the Burlington Northern and Santa Fe railroad tracks on the Wisconsin side of the river and the Chicago, Milwaukee, St. Paul and Pacific railroad tracks on the Minnesota side of the river, including all sloughs and backwaters, bays and newly-extended water areas connected with the main channel of the Mississippi river by a channel which is navigable at periods when the water is approximately equal to normal pool elevation as created by the U.S. department of the army, and in the waters of Lake St. Croix, and the St. Croix river and the St. Louis river as defined in s. NR 21.02 (39). This reciprocity applies only to sport fishing, spearing, dip netting, and the taking of minnows and crayfish for such fishing. NR 21.04NR 21.04 Sport fishing; seasons and limits. All regulations applicable to sport fishing are as follows unless expressly provided elsewhere in this chapter or the law. (23.11, 29.041) NR 21.04(15)(15) No person may have in possession or under control more than the daily bag limit of fish or turtles while on the ice, waters, bank or shore of the Wisconsin-Minnesota boundary waters. NR 21.04(16)(16) A person may not possess or have under control more than 2 times the daily bag limit of fish, or more than the possession limit of turtles when not on the waters or ice during the open season for each species. NR 21.04 HistoryHistory: Cr. Register, February, 1979, No. 278, eff. 3-1-79; am. (7) (a) and cr. (7) (b), Register, December, 1987, No. 384, eff. 1-1-88; am. (1) (a), renum. (1) (b) to be (1) (c), cr. (1) (b), Register, November, 1988, No. 395, eff. 12-1-88; emerg. am. (2), (3) and (11), eff. 4-25-89; am. (1) (c), (2) to (4) and (11), renum, (13) to (15) to be (14) to (16), cr. (13), Register, December, 1989, No. 408, eff. 1-1-90; am. (7) and (11) (a), Register, February, 1991, No. 421, eff. 3-1-91; am. (2) (d), (3) (c), (7) (b), (8) (a), (11) (a) and (13), Register, December, 1993, No. 456, eff. 1-1-94; am. (11), Register, December, 1996, No. 492, eff. 4-1-97; r. and recr. (15), Register, October, 1998, No. 514, eff. 10-1-98; r. (2) (b), am. (2) (c), Register, January, 1999, No. 517, eff. 4-1-99; am. (1), Register, December, 1999, No. 528, eff. 4-1-00; CR 01-012: am. (2) (a) and (3) (a), Register November 2001 No. 551, eff. 4-1-02; correction in (13) was made under s. 13.93 (2m) (b) 7., Stats., Register November 2001 No. 551; CR 04-024: am. (16) Register December 2004 No. 588, eff. 1-1-05; CR 06-011: am. (2) (a) and (d) and (3) (a) Register September 2006 No. 609, eff. 4-1-07; CR 07-014: am. (11) (b) Register January 2008 No. 625, eff. 4-1-08; CR 08-012: am. (7) (a) Register August 2008 No. 632, eff. 1-1-09; CR 10-025: am. (7) (a) Register October 2010 No. 658, eff. 11-1-10; CR 15-023: am. (7) (a), (b), cr. (7) (c), am. (8) (a), (11) (a), r. (11) (b), renum. (13) to (13) (a) and am. Register December 2015 No. 720, eff. 4-1-16; CR 19-009: am. (5) (a), cr. (5) (a) 2., 3., am. (5) (b), cr. (5) (b) 2., 3. Register February 2020 No. 770, eff. 3-1-20; CR 19-016: r. and recr. (2) (c), (3), (4), cr. (4g), (4r), am. (5) (b) 1., (8) (b) Register March 2020 No. 771, eff. 4-1-20; CR 19-091: am. (4g) (title), (4r) (title) Register March 2020 No. 771, eff. 4-1-20; CR 21-058: am. (2) (c) 2., r. (3) (b) 2., am. (4), (4g), cr. (4m), r. (5) (b) 1. b. Register March 2022 No. 795, eff. 4-1-22; CR 23-009: am. (2) (a), cr. (2) (b), am. (3) (a), cr. (3) (am), am. (4), (4g), (4m), (5) (a) (intro.), cr. (5) (am) Register February 2024 No. 818, eff. 3-1-24. NR 21.05(1)(1) Only rough fish legally taken during the open season by hook and line, spear, bow and arrow, or crossbow, or by hand may be sold, purchased, bartered, offered for sale, or under the control or possession of any person for the purpose of sale or barter. NR 21.05(2)(2) Rough fish taken by other than commercial gear may be bought and sold during the open season. A wholesale fish dealer’s license is required if such fish are sold to any person other than the final consumer. (23.11, 29.503, 29.539) NR 21.05 HistoryHistory: Cr. Register, February, 1979, No. 278, eff. 3-1-79; CR 19-009: r. and recr. (1) Register February 2020 No. 770, eff. 3-1-20; correction in (1) made under s. 35.17, Stats., Register February 2020 No. 770. NR 21.06NR 21.06 Sport fishing restrictions. NR 21.06(1)(1) Except as otherwise expressly provided, only the following methods or manners of fishing shall be lawful. Any person: (29.041) NR 21.06(1)(a)(a) May fish for fish with no more than 3 hooks, baits or lures. NR 21.06(1)(b)(b) May use landing nets and a gaff only for the purpose of landing a fish that is legally hooked. However, landing nets may be used to remove winterkilled fish in those areas and at those times designated by the department by posting, and to net fish as authorized with the use of dip nets under this chapter or ch. NR 20. NR 21.06(1)(c)(c) May take, catch, kill or fish for fish by means of trolling from a motor-driven boat, sailboat or other boats. NR 21.06(1)(d)(d) Except in Lake Superior, its bays and tributaries, may take rough fish by means of spear, bow and arrow, or crossbow, by hand, or by dip nets and landing nets not to exceed 24 inches in diameter or square only from sunrise to sunset from the Saturday nearest April 21 to March 1, except that the use of dip nets and landing nets not to exceed 24 inches in diameter or square for the taking of rough fish in the St. Croix river downstream to the St. Croix Falls dam is permitted from the Saturday nearest May 15 to June 30 each year, and bow and arrow or crossbow may be possessed and used for spearing rough fish from sunset to sunrise during the open season for spearing rough fish. NR 21.06(1)(e)(e) May only fish with a line or lines while they are attended. NR 21.06(1)(f)(f) May take, catch, kill or fish for flathead or channel catfish or bullheads with a bow and arrow or crossbow during the open season for spearing rough fish, or by hand, in boundary waters within Wisconsin. NR 21.06(2)(2) Any fish taken and retained in possession that is not released freely into the water immediately after capture shall be considered part of the angler’s daily bag limit. NR 21.06(3)(3) Possession of illegal equipment. No spear, spring gaff or bow and arrow shall be possessed in a fish house (shanty). No person shall have in possession on the water or immediate banks of the water any spear, bow and arrow or similar device except during the open season. NR 21.06(4)(4) No person may fish by snagging, foul hooking or attempting to hook fish other than in the mouth. Possessing, retaining or failing to immediately release fish hooked other than in the mouth is prohibited. NR 21.06 HistoryHistory: Cr. Register, February, 1979, No. 278, eff. 3-1-79; am. (1) (a), Register, December, 1985, No. 360, eff. 1-1-86; am. (1) (d), Register, November, 1994, No. 467, eff. 1-1-95; am. (2), Register, May, 1996, No. 485, eff. 6-1-96; CR 01-012: cr. (4), Register November 2001 No. 551, eff. 4-1-02; CR 08-010: am. (1) (b) and (d) Register November 2008 No. 635, eff. 4-1-09; CR 09-051: am. (1) (d) Register June 2010 No. 654, eff. 7-1-10; CR 13-001: am. (1) (d) Register August 2013 No. 692, eff. 9-1-13; CR 19-009: am. (1) (d), cr. (1) (f) Register February 2020 No. 770, eff. 3-1-20; correction in (1) (d) made under s. 35.17, Stats., Register February 2020 No. 770. NR 21.065NR 21.065 Fishing near dams. Notwithstanding ss. NR 21.11 and 21.15, which remain in effect, no person may fish within 200 feet of any fishway, lock or dam by any means other than hook and line. NR 21.065 HistoryHistory: CR 01-012: cr. Register November 2001 No. 551, eff. 4-1-02. NR 21.07NR 21.07 Ice fishing shelters. Buildings, vehicles, tents, fish shanties or similar enclosures may be used on the ice for fishing purposes on the Mississippi river, Lake St. Croix, the St. Croix river and St. Louis river as defined in s. NR 21.02 (39) from the time the ice forms; provided, however, that all such enclosures or shelters shall be removed from the ice on or before March 1 of each year. The door of any such enclosure or shelter must be equipped with a latch which will permit the door to be readily opened from the outside at all times while the enclosure or shelter is occupied. Fishing shelters that are not occupied or otherwise in use shall have the name and residential address of the person owning such shelter or enclosure painted or permanently affixed in the English language on the outside of the structure with lettering a minimum of one inch square. Residents of Wisconsin or Minnesota angling from a fish house shall comply with the law of their respective states relative to licensing and identification of fish houses. Residents of states other than Wisconsin and Minnesota who hold a nonresident fishing license from either state must comply with the law of the issuing state relative to the licensing and identification of fish houses. NR 21.08NR 21.08 Minnow nets and traps. Except as provided in ss. NR 20.20 and 21.06 (1) (d), no person may take fish other than smelt with nets or traps in the St. Louis river. No person may take minnows or shiners from the St. Louis river. Only those minnow seines, minnow dip nets, cast nets, minnow traps or crayfish scoops described as follows and operated in the manner specified may be used for the taking of minnows:
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administrativecode
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Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
administrativecode/NR 21.02(11)
administrativecode/NR 21.02(11)
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