Chapter NR 21

Register December 2010 No. 660

Chapter NR 21

WISCONSIN-MINNESOTA BOUNDARY WATERS

NR 21.01   Purpose.

NR 21.015   License waiver.

NR 21.02   Definitions.

Subchapter I — Sport Fishing

NR 21.03   Reciprocity, sport fishing or spearing and dip netting.

NR 21.04   Sport fishing; seasons and limits.

NR 21.05   Sale of fish.

NR 21.06   Sport fishing restrictions.

NR 21.065   Fishing near dams.

NR 21.07   Ice fishing shelters.

Subchapter II — Minnows

NR 21.08   Minnow nets and traps.

NR 21.09   Carp as bait.

Subchapter III — Commercial Fishing

NR 21.10   Boundary water, commercial fishing restriction.

NR 21.11   Commercial fishing restrictions.

Subchapter IV — Turtles

NR 21.13   Turtles.

Subchapter V — General Provisions

NR 21.14   Transportation of fish and turtles.

NR 21.15   Fish refuges.

NR 21.16   Taking of fish by and for the department.

NR 21.17   Conflicting rules.

Ch. NR 21 Note Note: Chapter NR 21 as it existed on February 28, 1979, was repealed and a new chapter NR 21 was created effective March 1, 1979.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 NR 21.01 Purpose.

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 History History: Cr. Register, February, 1979, No. 278, eff. 3-1-79.

NR 21.015 NR 21.015 License waiver.

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 History History: 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 21.02 NR 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(1) (1) “Bait net” has the meaning given in s. NR 22.02 (1).

NR 21.02(2) (2) “Buffalo net” has the meaning given in s. NR 22.02 (2).

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(6) (6) “Commercial fishing licenses” means those licenses issued pursuant to ss. 29.523 and 29.533, Stats.

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(16) (16) “Frame net” or “fyke net” has the meaning given in s. NR 22.02 (15).

NR 21.02(17) (17) “Gill net” has the meaning found in s. 29.522 (2) (b), Stats.

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(19) (19) “Hoop net” has the meaning given in s. NR 22.02 (18).

NR 21.02(20) (20) “Lead” has the meaning given in s. NR 22.02 (19).

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.