Register November 2011 No. 671
Chapter NR 25
COMMERCIAL FISHING IN OUTLYING WATERS AND WHOLESALE FISH DEALERS
Subchapter I — General Provisions
NR 25.022 Lake trout tagging and identification. NR 25.025 Vehicle identification requirements. Subchapter II — Commercial Fishing — Outlying Waters
NR 25.03 Commercial fishing licenses. NR 25.04 Transfer of commercial fishing licenses. NR 25.05 Open seasons; size limits; possession and harvest limits. NR 25.06 Quotas, catch fees and special regulations. NR 25.07 Individual licensee catch quotas. NR 25.08 Transfer of individual licensee catch quotas. NR 25.09 Commercial fishing gear. NR 25.10 Restricted commercial fishing areas. NR 25.102 Commercial fishing in southern Green Bay. NR 25.11 Handling of illegal fish. NR 25.12 Processing of fish. NR 25.13 Commercial fishing reports. NR 25.135 Fleet reporting programs. NR 25.14 Possession of fishing equipment. NR 25.15 Taking of fish by or for the department. NR 25.18 Landing and transportation of fish. Subchapter III — Wholesale Fish Dealers
NR 25.21 Wholesale fish dealer reports. Ch. NR 25 NoteNote: Chapter NR 25 as it existed on September 30, 1976, was repealed and a new chapter NR 25 was created effective October 1, 1976. Corrections made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1998, No. 516. NR 25.01(1)(1) This chapter, along with other applicable rules and statutes, regulates commercial fishing in outlying waters and wholesale fish dealers doing business in Wisconsin. NR 25.01(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 outlying waters which fail to meet food and drug administration (FDA) standards. NR 25.01(2m)(2m) The following shall apply to any agreements relating to the allocation or management of Lake Superior resources which are entered into between the department and a tribe or tribes with reserved treaty rights in the Lake Superior commercial fishery: NR 25.01(2m)(a)(a) The department shall assess implementation of any agreements and any experimental regulations established by the agreements using factors including scientific data, biological indicators, and metrics related to the health, safety, and welfare of users. NR 25.01(2m)(b)(b) In the event the department determines the sustainability of any Lake Superior resource or the health, safety and welfare of its users are or are likely to be jeopardized, the department shall take action to address the department’s concerns, including good faith negotiation or the modification or termination of any agreement, in accordance with the terms of the agreement. NR 25.01 NoteNote: In December 2018, the Bad River Band of Lake Superior Chippewa, the Red Cliff Band of Lake Superior Chippewa, and the Wisconsin Department of Natural Resources entered into an agreement relating to the allocation and management of Lake Superior fishing resources (“the Agreement”). The Agreement contains provisions applicable to both tribal treaty fishers and non-tribal commercial fishers in the Wisconsin waters of Lake Superior. For tribal members, the Agreement provisions are enforceable through tribal codes adopted by the Tribes. For non-tribal members, the state’s regulations have been amended to be consistent with applicable provisions in the Agreement. Biological representatives of the state and the two tribes have identified specific goals for assessing state and tribal commercial fishing seasons under the Agreement. Those specific goals are reviewed regularly and adjusted as necessary. The Agreement contains provisions for modification or, if necessary, for termination for any reason by any party. Grounds for amendment or termination include, but are not limited to, adverse conditions which, in the opinion of any party, could jeopardize the sustainability of the Lake Superior resources or the health, safety, and welfare of resource users.
NR 25.01(3)(3) Except as modified by an agreement with the tribe of the treaty fisher, the following sections of this chapter are applicable to treaty fishers fishing in the Wisconsin waters of Lake Superior: NR 25.01 HistoryHistory: Cr. Register, September, 1976, No. 249, eff. 10-1-76; r. and recr. Register, October, 1979, No. 286, eff. 11-1-79; emerg. cr. (3), eff. 4-22-86; cr. (3), Register, October, 1986, No. 370, eff. 11-1-86; emerg. am. (3) (intro.), eff. 3-10-87; am. (3) (intro.), Register, December, 1987, No. 384, eff. 1-1-88; CR 19-103: cr. (2m) Register July 2020 No. 775, eff. 8-1-20; CR 23-008: am. (1), cr. (3) (ag), (ar), r. (3) (j), am. (3) (k) Register October 2023 No. 814, eff. 11-1-23. NR 25.02NR 25.02 Definitions. Except as otherwise specifically defined in the statutes, the following terms, for the purposes of this chapter, are defined as follows: NR 25.02(3)(3) “Chunked” means fish from which the viscera, head and tail have been removed. NR 25.02(6)(6) “Commercial fish” is any species of game or rough fish for which an open season has been provided in s. NR 25.05. NR 25.02(11)(11) “Condition of the fish” or “description of the fish” means the form that fish are in, and includes but is not limited to fresh round, fresh dressed, frozen dressed, fresh fillet, frozen fillet, fresh chunked, frozen chunked, smoked dressed, smoked fillet, smoked chunked, fresh snipped or frozen snipped. NR 25.02(12)(12) “Department” means the Wisconsin department of natural resources. NR 25.02(15)(15) “Domestic lake trout” means a lake trout taken from the waters of the state, but not from a fish farm registered with the department of agriculture, trade and consumer protection. NR 25.02(16)(16) “Dressed fish” means fish from which only the viscera have been removed. NR 25.02(23)(23) “Fillet” means the slab side of fish from which the viscera, head, tail and bones have been removed, except for the pin bones, which may or may not have been removed. NR 25.02(24)(24) “Final consumer” means the last or ultimate person who obtains a fish for its final use for eating or otherwise. NR 25.02(25)(25) “Final consumption” means the last or ultimate use of a fish by eating or otherwise. NR 25.02(26)(26) “Fish” means any processed or unprocessed fish of those species which are found in the waters of the state as defined in s. 281.01 (18), Stats., including parts of fish, fish eggs or fish products. NR 25.02(28)(28) “Fisher” means any person engaged in fishing. NR 25.02(31)(31) “Foreign lake trout” means lake trout harvested outside of Wisconsin and imported into the state. NR 25.02(34)(34) “Illegal fish” means any fish taken, possessed or controlled in violation of this chapter or a statute, including fish that have not been reported or for which a record has not been created as required. NR 25.02(36)(36) “Import” includes the transport of fish by a common carrier or out-of-state fish dealer or producer into the state, or at the request of a licensed wholesale fish dealer, but does not include fish being transported through the state to a destination in another state. NR 25.02(39)(39) “License year” means that period from January 1 through December 31. NR 25.02(51)(51) “Pounds” means the avoirdupois weight in pounds of fish in the round with head, gills and viscera intact, except with respect to chubs sorted for human consumption, menominee and whitefish, where it means the avoirdupois weight in pounds of dressed fish. NR 25.02(52)(52) “Purse seine” means a net which consists of a wall or modified wall of net which is used to encircle fish. The top of the net is fitted with floats while the bottom is weighted. A line threaded through rings under the net allows fishers to close the bottom of the net, thus trapping fish in the enclosure so produced. NR 25.02(56)(56) “Snipped” means headless with viscera partially removed. NR 25.02(62)(62) “Stretch measure” means the extension measure of net mesh size whenever the size of mesh of a net is specified. Stretch measure means the distance between the extreme angles of any single mesh. NR 25.02 HistoryHistory: Cr. Register, September, 1976, No. 249, eff. 10-1-76; r. and recr. Register, October, 1979, No. 286, eff. 11-1-79; renum. (6) to (18) to be (7) to (19), (19) to (21) to be (22) to (24), (22) to be (21), cr. (6) and (20), Register, April, 1983, No. 328, eff. 5-1-83; renum. (8) to (14) to be (10) to (16), (15) to be (18), (16) to (18) to be (20) to (22), (19) to (24) to be (24) to (29), cr. (8), (9), (17), (19) and (23), Register, April, 1983, No. 328, eff. 5-1-83; renum. (16) to (29) to be (17) to (30), cr. (16), Register, June, 1985, No. 354, eff. 7-1-85; am. (20), Register, August, 1985, No. 356, eff. 9-1-85; renum. (16) to (30) to be (15) to (31) and cr. (16), Register, February, 1986, No. 362, eff. 3-1-86; emerg. cr. (32), eff. 4-22-86; emerg. cr. (23f), (23l), (23r), (23x), (27f), (27l), (27r), and (27k), eff. 5-5-86; cr. (12m), (12t), (16m), (23m) and (32), Register, October, 1986, No. 370, eff. 11-1-86; cr. (28m), Register, December, 1986, No. 372, eff. 1-1-87; cr. (7g), (7n), (23g), (33) to (35), am. (14), (21) and (25), Register, June, 1989, No. 402, eff. 7-1-89; emerg. r. (12m) and (28m), eff. 4-1-91; r. (12m) and (28m), Register, August, 1991, No. 428, eff. 9-1-91; am. (21), Register, April, 1997, No. 496, eff. 5-1-97; am. (25), Register, December, 1998, No. 516, eff. 1-1-99; am. (25), Register, December, 2000, No. 540, eff. 1-1-01; correction in (19) made under s. 13.93 (2m) (b) 7., Stats., Register July 2006 No. 607; reprinted to correct error in (35) Register February 2007 No. 614; correction in (16) made under s. 13.93 (2m) (b) 7., Stats., Register February 2007 No. 614; CR 08-060: am. Register June 2009 No. 642, eff. 7-1-09; correction in (44) made under s. 13.92 (4) (b) 7., Stats., Register June 2009 No. 642; CR 09-016: am. (39) Register January 2010 No. 649, eff. 2-1-10; CR 13-001: am. (8), (9), (46) Register August 2013 No. 692, eff. 9-1-13; CR 15-074: cr. (18m), r. (50) Register May 2016 No. 725, eff. 6-1-16; CR 16-061: cr. (3m) Register September 2017 No. 741, eff. 10-1-17; CR 19-091: am. (39) Register March 2020 No. 771, eff. 4-1-20; CR 19-134: cr. (9m), am. (66) Register April 2020 No. 772, eff. 5-1-20; correction in (9m) made under s. 35.17, Stats., Register April 2020 No. 772; EmR1923: emerg. cr. (2m), (69m), eff. 12-30-19; CR 19-103: cr. (2m), (69m) Register July 2020 No. 775, eff. 8-1-20; CR 23-008: renum. (1), (2), (2m), (3m), (4), (5), (8) to (10) to be NR 25.027 (1) to (10), am. (11), renum. (13), (14), (17) to (22), (27), (29), (30), (32), (33), (35), (37), (38), (40) to (49), (54), (55), (57), (59) to (61), (63) to (72) to be NR 25.027 (1) to (24), (26) to (56) Register October 2023 No. 814, eff. 11-1-23. NR 25.02 NoteNote: See the table of Appellate Court Citations for Wisconsin appellate cases citing s. NR 25.02. NR 25.022NR 25.022 Lake trout tagging and identification. NR 25.022(1)(a)(a) No person may import or cause to be imported into Wisconsin any foreign lake trout by means of a boat authorized to be used under a license issued pursuant to s. 29.519 (1m), Stats. NR 25.022(1)(b)(b) No wholesale fish dealer or producer of fish may sell, buy, barter, trade, possess, control, transport or cause to be transported any domestic lake trout unless the fish is tagged with a valid, current commercial fish tag issued or authorized by the department. The tag shall be attached through the gills and mouth of whole or dressed lake trout. Producers of fish and their crew members may not possess filleted or chunked domestic lake trout on the ice or on board a boat. NR 25.022(1)(c)(c) All commercial fish tags issued or authorized by the department or by a governmental agency of another state or country, when severed from the lake trout are considered state property and may be claimed by the department within one year of the date they were severed. NR 25.022(2)(2) Filleted, portioned or smoked domestic lake trout. Lawfully possessed domestic lake trout which are intended for smoking, portioning or filleting may have the tags removed immediately prior to smoking, portioning or filleting. NR 25.022(3)(a)(a) When lawfully possessed, lake trout which were tagged with a commercial fish tag issued or authorized by the department or by a governmental agency of another state or country and imported into this state are sold at retail or to a retail outlet, the wholesale fish dealer shall remove and retain the commercial fish tags. The department may reclaim such tags within one year at the wholesale fish dealer’s place of business.
