Chapter NR 22

NR 22.02(17) (17) “Hooking”, as used in s. NR 22.13, means any activity which utilizes a dull-pointed, metal, barbless hook attached to a staff to remove a turtle from a body of water.

NR 22.02(18) (18) “Hoop net” means a net constructed out of multiple round, rectangular or oval hoops covered with a nylon or other stretchable fabric mesh that is not wire. The hoops are made of wood, fiberglass, or steel. Maximum hoop diameter is eight feet for round hoops and four feet by eight feet for rectangular hoops. The netting is constructed with a funnel entrance at one or both ends which are tied off to the sides or the opposite ends. The opening in the funnel may be round, rectangular or oval in shape. “Hoop net” includes bait nets and buffalo nets.

NR 22.02(19) (19) “Lead” means a length of net strung outward from a fish net or trap that is used to obstruct the path of a fish and cause the fish to follow the lead net toward the fish trap. Leads may have a maximum length of 300 feet and a maximum mesh size of two inches.

NR 22.02(20) (20) “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 or caudal fin fully extended.

NR 22.02(21) (21) “Minnows” mean all species defined as such in s. 29.001 (54), Stats., and bullheads not exceeding 4 inches in length.

NR 22.02(22) (22) “Mississippi River” means all waters lying between the Chicago, Milwaukee, St. Paul and Pacific railroad tracks on the Iowa side of the river, and the Burlington Northern and Santa Fe railroad tracks lying on the Wisconsin side of the river.

NR 22.02(23) (23) “Possession limit” has the meaning given in s. NR 20.03 (31), except in s. NR 22.13 where “possession limit” means the maximum number of a turtle species or group of turtle species set in s. NR 22.13 which may be possessed by a person at any time.

NR 22.02(24) (24) “Rough fish” means all species defined as such in s. 29.001 (74), Stats., and detrimental fish including grass carp which is also known as amurcarp (Ctenopharyngodon idella).

NR 22.02(25) (25) “Seine” has the meaning found in s. 29.522 (3), Stats.

NR 22.02(26) (26) “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 22.02 Note Note: 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 22.02(27) (27) “Setline” has the meaning given in s. NR 20.03 (36) and is also known as a trotline.

NR 22.02(28) (28) “Slat net” or “basket trap” means a fish trap made of wood slats. The slat net may not be more than 6 feet in length and not more than 72 inches in circumference. A slat net will have square or round ends with a funnel made of wood slats on one end, one or more wood slat funnels inside the trap leading to a fish accumulation area and cotton or nylon webbing at the closed end of the net to hold the fish in the net.

NR 22.02(29) (29) “Sport fishing” or “angling” means any fishing, including the methods commonly known as hook and line fishing or angling conducted without a commercial fishing license and with other than commercial fishing gear.

NR 22.02(30) (30) “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. Such measurements shall apply to all nets except basket traps or slat nets.

NR 22.02(31) (31) “Supervisor” means any department employee assigned or designated to oversee fishing activities conducted under this chapter.

NR 22.02(32) (32) “Trammel net” has the meaning found in s. 29.522 (2) (a), Stats.

NR 22.02(33) (33) “Turtle”, as used in this chapter, 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 22.02(34) (34) “Wisconsin-Iowa boundary waters” for sport fishing purposes, means all waters of the Mississippi River as defined under this section. For the purpose of taking turtles or commercial fishing, “Wisconsin-Iowa boundary waters” means all waters from the Burlington Northern and Sante Fe railroad tracks on the east side of the Mississippi River in Wisconsin extending west to the state line between Wisconsin and Iowa.

NR 22.02 History History: Cr. Register, March, 1982, No. 315, eff. 4-1-82;am. (2), Register, April, 1983, No. 328, eff. 5-1-83; am. (2), Register,December, 1993, No. 456, eff. 1-1-94; cr. (4m), (6m) and (13m), am. (9), Register, February, 1997, No. 494, eff. 3-1-97; am. (14), Register, October, 1998, No. 514, eff. 11-1-98; corrections in (4), (8), and (10) were made under s. 13.93 (2m) (b) 7., Stats., Register November 2001 No. 551; CR 04-024: am. (4m) and (9) Register December 2004 No. 588, eff. 1-1-05; CR 06-105: am. (2), cr. (6g), Register August 2007 No. 620, eff. 9-1-07; CR 10-053: r. and recr. Register December 2010 No. 660, eff. 1-1-11; correction in (27) made under s. 13.92 (4) (b) 7., Stats., Register December 2010 No. 660.

subch. I of ch. NR 22 Subchapter I — Sport fishing

NR 22.03 NR 22.03 Reciprocity: sport fishing or spearing and dip netting. All residents of Wisconsin and Iowa holding a resident fishing license from their respective states or residents other than Wisconsin and Iowa holding an angling license or sport fishing license issued by either state may fish in waters of the Mississippi river lying between the Chicago, Milwaukee, St. Paul and Pacific railroad tracks on the Iowa side of the river, and the Burlington Northern and Sante Fe railroad tracks lying on the Wisconsin 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 when the waters are approximately equal to the normal pool elevation as created by the U.S. army corps of engineers. This reciprocity applies only to hook and line fishing, spearing, dipnetting, and the taking of minnows and crayfish for such fishing. Spearing and dip netting are prohibited within 200 feet of any U.S. army corps of engineers locks and dams. Residents of either Wisconsin or Iowa may not fish in these boundary waters when the angler’s state of residency license has been revoked.

NR 22.03 History History: Cr. Register, March, 1982, No. 315, eff. 4-1-82; am. Register, October, 1998, No. 514, eff. 11-1-98; CR 09-051: am. Register June 2010 No. 654, eff. 7-1-10.

NR 22.04 NR 22.04 Sport fishing: seasons and limits. All regulations applicable to sport fishing are as follows unless expressly provided elsewhere in this chapter.

NR 22.04(14) (14) A person may possess or control only the daily bag limit while fishing on the ice or waters of the Wisconsin-Iowa boundary waters.

NR 22.04(15) (15) A person may possess or control the possession limit when not on the waters or ice during the open season for each species.

NR 22.04 History History: Cr. Register, March, 1982, No. 315, eff. 4-1-82; am. (1) and (2), Register, December, 1989, No. 408, eff. 1-1-90; am. (2), Register, December, 1991, No. 432, eff. 1-1-92; r. and recr. (4), r. (5), Register, September, 2000, No. 537, eff. 4-1-2001; CR 03-014: r. and recr. (2) Register November 2003 No. 575, eff. 4-1-04; CR 19-016: am. (2) (a) Register March 2020 No. 771, eff. 4-1-20.

NR 22.05 NR 22.05 Sale of fish.

NR 22.05(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 22.05(2) (2) A wholesale fish dealer’s license is required if the fish are sold to any person other than the final consumer.

NR 22.05 History History: Cr. Register, March, 1982, No. 315, eff. 4-1-82; CR 10-053: am. (1) Register December 2010 No. 660, eff. 1-1-11; CR19-009: am. (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 22.06 NR 22.06 Sport fishing.

NR 22.06(1) (1) Except as otherwise expressly provided, only the following methods or manners of fishing shall be lawful. Any person may:

NR 22.06(1)(a) (a) Fish for fish with no more than 3 hooks, baits or lures.

NR 22.06(1)(b) (b) 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 distressed fish in winterkill waters 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 22.06(1)(c) (c) Take, catch, kill or fish for fish by means of trolling from a motor-driven boat, sailboat or other boats.

NR 22.06(1)(d) (d) Take rough fish by means of a spear, bow and arrow or crossbow, by hand, or by landing net or dip nets not to exceed 24 inches in diameter or square from sunrise to sunset only, 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 22.06(1)(e) (e) Fish with a line or lines only while they are attended.

NR 22.06(1)(f) (f) 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 accordance with the seasons, size limits and bag limits in s. NR 20.20 (73), in boundary waters within Wisconsin.

NR 22.06(2) (2) Any fish taken by snagging or foul hooking shall be immediately returned to the water.

NR 22.06(3) (3) 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 22.06(4) (4) No spear, spring gaff or bow and arrow may be possessed in an ice fishing shelter during the ice fishing season.

NR 22.06 History History: Cr. Register, March, 1982, No. 315, eff. 4-1-82; am. (1) (a), Register, December, 1985, No. 360, eff. 1-1-86; am. (3), Register, May, 1996, No. 485, eff. 6-1-96; 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; CR 21-058: am. (1) (f) Register March 2022 No. 795, eff. 4-1-22.

NR 22.065 NR 22.065 Fishing near dams. Except as otherwise provided by ss. NR 22.11 and 22.15, no person may fish within 200 feet of any fishway, lock or dam by any means other than hook and line.

NR 22.065 History History: CR 10-053: cr. Register December 2010 No. 660, eff. 1-1-11.

NR 22.066 NR 22.066 Bank poles. Bank poles may be used year round by persons holding a license issued under s. 29.531, Stats., for sport fishing purposes only and only for the taking rough fish, catfish and turtles in accordance with bag limits, size limits and seasons established under ss. NR 22.04 and 22.13 and in accordance with the rules regulating the use of bank poles under s. NR 20.12.

NR 22.066 History History: CR 10-053: cr. Register December 2010 No. 660, eff. 1-1-11.

NR 22.07 NR 22.07 Ice fishing shelters. Buildings, vehicles, tents, fish shanties or similar enclosures may be used on the ice for fishing purposes on the Mississippi river from the time the ice forms; provided, however, that all such enclosures or shelters shall be removed from the ice on or before February 20 of each year unless otherwise extended by the department. The door of any enclosure or shelter shall 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 enclosure or shelter 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 Iowa angling from a fish shelter shall comply with the law of their respective states relative to licensing and identification of fish shelters. Residents of states other than Wisconsin or Iowa 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 shelters.

NR 22.07 History History: Cr. Register, March, 1982, No. 315, eff. 4-1-82; CR 13-001: am. Register August 2013 No. 692, eff. 9-1-13.

subch. II of ch. NR 22 Subchapter II — Minnows

NR 22.08 NR 22.08 Minnow nets and traps. Only those minnow seines, minnow dip nets, cast nets, minnow traps or crayfish scoops described below and operated in the manner specified may be used for taking of minnows.

NR 22.08 History History: Cr. Register, March, 1982, No. 315, eff. 4-1-82.

NR 22.09 NR 22.09 Carp as bait. Live carp taken and possessed for the purpose of bait shall only be transported live by boat or other floating conveyance while in possession on Wisconsin-Iowa boundary waters.

NR 22.09 History History: Cr. Register, March, 1982, No. 315, eff. 4-1-82; CR 10-053: am. Register December 2010 No. 660, eff. 1-1-11.

subch. III of ch. NR 22 Subchapter III — Commercial Fishing

NR 22.10 NR 22.10 Boundary water, commercial fishing restriction. For the purpose of fishing under a commercial fishing license or the taking of turtles, licensed commercial fishers and agents of the licensees are restricted to the state boundaries of the state they are licensed under. No person may operate any commercial fishing gear or turtle traps beyond the state line boundaries of the state in which the person’s license was issued.

NR 22.10 History History: Cr. Register, March, 1982, No. 315, eff. 4-1-82; CR 10-053: am. Register December 2010 No. 660, eff. 1-1-11.

NR 22.11 NR 22.11 Commercial fishing. All commercial fishing in the Wisconsin-Iowa boundary waters shall be conducted in accordance with this chapter, all other applicable statutes and rules, including the following:

NR 22.11(1) (1) All game fish that are not commercial fish and all fish that are listed in ch. NR 27 as endangered or threatened species that are taken with any net, setline or other commercial gear shall be immediately returned to the water with as little injury as possible as soon as they appear in the operation. Seines may not be bagged in a manner that causes either game fish that are not commercial fish or fish that are listed in ch. NR 27 as endangered or threatened species to die while bagged in the net. The presence of dead game fish that are not commercial fish or dead fish that are listed in ch. NR 27 as endangered or threatened species in a seine bag shall be prima facie evidence of a violation of this subsection.

NR 22.11(2) (2) No person may conduct commercial fishing operations unless he or she has first obtained the appropriate license or licenses required under ss. 29.523, 29.526, 29.529, and 29.533, Stats. A commercial fisher shall carry each license with him or her at all times while engaged in any part of commercial fishing and shall exhibit the license to the department or its wardens on demand. Each commercial fishing licensee must be a resident of Wisconsin. Commercial fish helpers and crew members are not required to hold a license but a commercial fisher using helpers or crew members who do not hold a Wisconsin commercial fishing license shall submit to the department a list of all unlicensed helpers’ or crew members’ names and addresses along with the fisher’s application for a license or before the helper or crew member begins to assist the licensee. Commercial fishers whose commercial fishing approvals or privileges have been revoked may not act as a helper or crew member for another licensee.

NR 22.11 Note Note: Names and addresses of fish helpers and crew members may be submitted with the fisher’s application for a license to the Department of Natural Resources, Mississippi River License application — CS/1, P.O. Box 7924, Madison, WI 53707-7924 or along with a licensee’s monthly catch report required by s. NR 22.11 (10).

NR 22.11(2m) (2m) No person may remove roe from a commercial fish while on the water, ice, bank or shore. Commercial fish shall remain intact until the fish reaches the final processing facility or place of business of the commercial fisher.

NR 22.11(3) (3) Measurements of mesh size is by stretch measure. Such measurements apply to net meshes when in use and no allowance will be made for the shrinkage due to any cause.

NR 22.11(4) (4) There are no bag limits for any commercial species other than expressly provided in this chapter.

NR 22.11(5) (5) There are no size limits for any commercial fish other than are expressly provided in this chapter.

NR 22.11(6) (6) Improperly placed or tagged commercial fishing gear is considered a public nuisance and will be seized and held by the department subject to order of the court.

NR 22.11(7) (7) Nets of any kind and setlines may not be set, lifted, hauled or operated in any manner between one hour after sunset and one hour before sunrise of the following day, except with prior permission from the department nor shall any net be used in drifting manner other than expressly provided in this chapter.

NR 22.11(8) (8) A licensed commercial fisher or any member of the crew or any person in or on a boat may not have in possession any game fish while operating licensed commercial gear or bank poles, or when traveling to or from the operation of such gear while on the waters or ice.

NR 22.11(9) (9) Commercial fishing gear not authorized for use in the Wisconsin-Iowa boundary waters by this chapter may not be in possession or under control while on those waters or ice of these waters.

NR 22.11(10) (10) All fishers licensed under the provisions of ss. 29.523, 29.526, 29.529, and 29.533, Stats., shall complete and submit monthly reports on forms available from the department. All reports shall be submitted by the 10th of the month following each month the commercial fisher is required to be licensed. Each monthly report shall be signed by the commercial fisher and shall include complete and accurate information on all fish sold or kept whether these fish were legally or illegally taken or obtained, the buyers name, address and phone number, and all other information requested on the report form.

NR 22.11(12) (12) Commercial fish taken by commercial gear under this chapter may be sold only by the licensed commercial fisher whose gear was used to take the fish. A commercial fisher may not sell fish taken under the authority of another fisher’s license, unless he or she sells the other fisher’s fish under the authority of a wholesale fish dealer’s license.

NR 22.11(14) (14) Commercial gear may not be used or operated at any time within 900 feet below any U.S. army corps of engineers lock or dam on the Mississippi river.

NR 22.11(15) (15) The department or its agents may require any operator of any commercial fishing gear to cease the fishing operations when the department finds these operations are destructive to game fish or they will endanger any other species of wildlife.

NR 22.11(16) (16) The department by its agents, employees or wardens may in the absence of the licensee, at any time, raise any commercial fishing gear. Care will be taken to minimize damage to such gear.

NR 22.11(17) (17) The use or operation of all commercial gear except those authorized in this chapter is prohibited in the Wisconsin-Iowa boundary waters with the exception of such nets operated under contract with the department.

NR 22.11(18) (18) Except where otherwise expressly provided, turtles taken incidental to licensed commercial fishing operations may be possessed and sold.

NR 22.11(19) (19) No person may mark or tag a net or setline with his or her license number or metal tag if the net or setline is already marked or tagged by another licensed commercial fisher, except that up to two commercial fishers may each place one of their net tags on the same net and may lift or operate this net when it is agreed to by both commercial fishers. Only one net flag with one number may be displayed on a net at any time and only the commercial fisher whose flag is attached to the net may set, place, tend, operate or lift the net.

NR 22.11(20) (20) No person may set, place, tend or operate any net or setline that is marked or tagged with the license number or metal tag of another person, except for crew members acting under the direction of the commercial fishing licensee while the licensee is present, unless specifically authorized in advance by a conservation warden.

NR 22.11(21) (21) Each person required to hold a commercial fishing license shall be present at all times when any of his or her nets, setlines or other commercial gear are set, placed, tended or operated. The licensee does not need to be present when fish are removed from a bagged seine or crib while the licensee transports commercial fish on the water or ice or is tending to the loading of commercial fish at a boat landing.

NR 22.11(22) (22) All nets shall be equipped with a metal tag stamped to designate the number of the license issued to the commercial fisher using the net as described in s. 29.523, Stats. Gill nets, setlines, and frame nets, that are left unattended shall have the metal tag attached next to a stake or buoy located on at least one end of the net so it will be visible above the surface of the water. If a stake is used, the stake shall extend at least three feet above the surface of the water and upon the upper end of the stake there shall be a white flag at least ten inches square. The flag shall be numbered with legible figures at least three inches in height corresponding with the number of the license authorizing the use of such net. A buoy may be placed in lieu of a stake and flag, providing the buoy or buoys are numbered with legible figures at least three inches in height corresponding with the number of the license authorizing the use of such nets. On gill nets set through the ice there shall be maintained on each end of the gang a board or similar material which is readily identifiable and which shall bear the license number authorizing the use of the net.

NR 22.11(23) (23) No person required to hold a license under s. 29.523, 29.526 or 29.529, Stats., may join his or her net to that of any other person.

NR 22.11(24) (24) No person may use bait in any commercial net except bait nets, buffalo nets and slat nets.

NR 22.11(25) (25) No person may hobble, double or overlay the webbing of any net upon itself, or make other net modifications that alter the functioning of a net that would otherwise be lawful.

NR 22.11(26) (26) No person may harvest catfish or bullheads by hand or with a bow and arrow or crossbow under the authority of a commercial fishing license or for commercial purposes.

NR 22.11 History History: Cr. Register, March, 1982, No. 315, eff. 4-1-82; r. (11), Register, May, 1996, No. 485, eff. 6-1-96; corrections in (2) and (10) were made under s. 13.93 (2m) (b) 7., Stats., Register November 2001 No. 551; CR 06-105: cr. (2m), Register August 2007 No. 620, eff. 9-1-07; CR 10-053: am. (1, (2), (2m), (6) to (10), (12), (18), r. (13), cr. (19) to (25) Register December 2010 No. 660, eff. 1-1-11; CR 19-009: cr. (26) Register February 2020 No. 770, eff. 3-1-20.

NR 22.12 NR 22.12 Commercial fishing gear. Only commercial fishing gear as described and operated in the manner prescribed below may be used by commercial fishers in the Wisconsin-Iowa boundary waters.

NR 22.12 History History: Cr. Register, March, 1982, No. 315, eff. 4-1-82; am. (1), Register, November, 1981, No. 371, eff. 12-1-86; am. (7), Register, December, 1993, No. 456, eff. 1-1-94; CR 10-053: am. Register December 2010 No. 660, eff. 1-1-11.

subch. IV of ch. NR 22 Subchapter IV — Turtles

NR 22.13 NR 22.13 Turtles.