Chapter NR 24

NR 24.07 NR 24.07 Records and reporting.

NR 24.07(1) (1) Commercial clamming records. A person engaged in commercial clam shelling, clam buying or clam helping shall keep daily records if forms are produced by the department for the specific commercial clamming activity in which the person is engaged.

NR 24.07(2) (2) Commercial clamming reports. Prior to the 10th day of each month, any person engaged in commercial clamming who is required to keep daily records under sub. (1) shall submit a report of their daily commercial clamming activities for the previous month to the department. The report shall be made on forms available from the department and shall be submitted in person or sent by first class mail to the department address shown on the form so that it is received by the 10th day.

NR 24.07(3) (3) Reporting. If requested by the department, a person who is not required to keep records and submit reports under subs. (1) and (2) shall furnish to the department information relating to the taking, killing, collection, removal, purchase, sale, barter, transportation or possession of clams. The information shall be sufficient to evaluate the person’s compliance with this chapter and s. 29.537, Stats.

NR 24.07(4) (4) Inland commercial clamming notice of intent. No person may engage in commercial clam shelling on any inland water unless the person has reported to the department the person’s intent to do so at least one business day in advance. Notice of intent may be given in person, by telephone or by first class mail, but shall be in writing if the person wishes the specific location to be kept confidential by the department under s. 29.537 (9), Stats. The report shall include the person’s name; commercial clam sheller license number; the specific location by county, the nearest town, village or city and name of the inland water; the equipment and methods to be used; and the starting date and time. The notice shall be given to the department area office responsible for the inland water involved.

NR 24.07 Note Note: With reorganization, the department no longer has area offices. The notice of intent should be mailed to the Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707.

NR 24.07 History History: Cr. Register, May, 1987, No. 377, eff. 6-1-87; corrections in (3) and (4) were made under s. 13.93 (2m) (b) 7., Stats., Register November 2001 No. 551.

NR 24.08 NR 24.08 Minimum size and weight determination.

NR 24.08(1) (1) Size. A person engaging in clamming or commercial clam shelling shall determine the size of a clam promptly upon removing it from the water by attempting to pass it intact through a ring with a diameter of the minimum size specified for the respective species in the table of s. NR 24.09 if the clam is taken while commercial clam shelling or in the table of s. NR 24.10 if the clam is taken while clamming.

NR 24.08(2) (2) Weight. For purposes of this chapter and s. 29.537, Stats., the weight of clams shall be determined on a wet or fresh basis if their condition permits it.

NR 24.08 History History: Cr. Register, May, 1987, No. 377, eff. 6-1-87; correction in (2) was made under s. 13.93 (2m) (b) 7., Stats., Register November 2001 No. 551.

NR 24.09 NR 24.09 Commercial clamming: size limits; open seasons, species and waters.

NR 24.09(1) (1) Except as provided in subs. (2) and (3), no person may engage in commercial clam shelling except between sunrise and sunset during the open season in waters which are open to commercial clam shelling, for clams of a species which is open to commercial clam shelling and which are of the minimum size or larger, as shown in the following table:

NR 24.09(2) (2) Notwithstanding the minimum size limits set in sub. (1), the minimum size for cooked clams shall be 2-1/2″ for mapleleaf, pigtoe and pimpleback clams and 2-13/16″ for threeridge clams.

NR 24.09(3) (3) 

NR 24.09(3)(a) (a) Notwithstanding sub. (1) (c), the department may designate:

NR 24.09(3)(a)1. 1. Waters or portions of a water which are temporarily open to commercial clam shelling,

NR 24.09(3)(a)2. 2. Clam species which are open to commercial clam shelling in waters designated under subd. 1., and

NR 24.09(3)(a)3. 3. Alternative minimum size limits for clam species which are designated under subd. 2., which are smaller than the minimum size limit of sub. (1) (c).

NR 24.09(3)(b) (b) Prior to opening any water to commercial clam shelling under this subsection, the department shall investigate and prepare a pre-harvest inventory for the water to determine whether any endangered or threatened mussels are present and to set safe harvest limits and alternative minimum size limits for each commercial clam species. The department may temporarily open a water or portion of a water if it determines that:

NR 24.09(3)(b)1. 1. The water or portion of water has adequate public access to accommodate commercial clam shelling,

NR 24.09(3)(b)2. 2. The water or portion of water contains enough clams to withstand commercial clam shelling,

NR 24.09(3)(b)3. 3. The water or portion of water does not contain threatened or endangered mussels, and

NR 24.09(3)(b)4. 4. Commercial clam shelling in the water or portion of water would not otherwise be contrary to the public interest.

NR 24.09(3)(c) (c) To open a water or portion of a water, the department shall issue an order based on its investigation. The order shall include specific findings, describing the water or portion of the water, the species open to harvest, the alternative minimum size limit for each open species, and a safe harvest limit for each open species. The order shall direct that a notice be published 10 days in advance of the opening in the official state paper and be prominently posted at public access points along the affected water. The notice shall identify the water or portion of water temporarily open to commercial clam shelling, the open species, the alternative minimum size limit for each open species and the telephone number for daily reporting required under par. (e).

NR 24.09(3)(d) (d) The department shall monitor commercial clam shelling authorized under this subsection and shall close a water or a species to commercial clam shelling when the harvest total approaches 85% of the safe harvest limit. A water may be closed to commercial clam shelling by department removal of the notices posted along the affected water. Where a water contains more than one open species, a species may be closed by the department posting new notices along the affected water which omit the species from the list of species open to commercial clam shelling in the affected water.

NR 24.09(3)(e) (e) In addition to the records and reports required by s. NR 24.07, a commercial clam sheller who shells in a water temporarily opened to commercial clam shelling under this subsection shall report his or her daily harvest under his or her license number, in pounds and by clam species, by telephone using the telephone number listed on the notice posted along the open water. A commercial clam sheller shall call in his or her daily harvest reports within one calendar day after each day he or she engages in commercial clam shelling in the affected water.

NR 24.09(3)(f) (f) Any person who engages in commercial clam shelling in a closed water, who takes clams of a species not open to commercial clam shelling, or who takes clams smaller than the alternative minimum size limit is in violation of sub. (1).

NR 24.09 History History: Cr. Register, May, 1987, No. 377, eff. 6-1-87; am. (1) (intro.) and (a) and (2), cr. (3), Register, June, 1989, No. 402, eff. 7-1-89; reprinted to restored dropped copy in (1) (b), Register, September, 1989, No. 405; emerg. r. and recr. (1) (c), eff. 6-30-90; am. (1) (b), r. and recr. (1) (c), cr. (4), Register, February, 1991, No. 422, eff. 3-1-91; am. (1) (a) to (c) and (2), r. (3), renum. (4) to be (3), Register, December, 1997, No. 504, eff. 1-1-98; am. (1) (a) and (2), Register, March, 1998, No. 507, eff. 4-1-98; CR 05-074: am. (1) (a) and (b) Register February 2006 No. 602, eff. 3-1-06; CR 09-018: am. (1) (b) Register February 2010 No. 650, eff. 3-1-10.

NR 24.10 NR 24.10 Clamming: size limits; open seasons, species and waters. No person may engage in clamming except between sunrise and sunset during the open season in waters which are open to clamming, for clams of a species which is open to clamming and which are of the minimum size or larger, as shown in the following table:

NR 24.10 History History: Cr. Register, May, 1987, No. 377, eff. 6-1-87; am. Register, December, 1997, No. 504, eff. 1-1-98; CR 06-011: am. Register September 2006 No. 609, eff. 10-1-06; CR 09-018: am. Register February 2010 No. 650, eff. 3-1-10.