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. NR 25.022(3)(b)(b) No person may reuse any commercial fish tag issued or authorized by the department or by a governmental agency of another state or country. NR 25.022 HistoryHistory: Cr. Register, October, 1986, No. 370, eff. 11-1-86; CR 08-060: am. (title), (1) (title), (a), (2) (title) and (3) (b), r. and recr. (1) (b), r. (1) (c) to (e) and (2) (b) to (e), renum. (1) (f) and (2) (a) to be (1) (c) and (2) and am., Register June 2009 No. 642, eff. 7-1-09; CR 23-008: renum. from NR 25.16 Register October 2023 No. 814, eff. 11-1-23. NR 25.025NR 25.025 Vehicle identification requirements. As required under s. 29.503 (4) (e), Stats., no wholesale fish dealer or producer of fish may transport or cause to be transported any fish unless the transporting vehicle or boat is clearly marked on each side of the vehicle or boat with the word “FISH” in letters of block characteristic at least 4 inches high and of contrasting color with the background, and the correct business name of the wholesale fish dealer or producer of fish in letters one inch high, all in the English language. NR 25.025 HistoryHistory: CR 08-060: cr. Register June 2009 No. 642, eff. 7-1-09; CR 23-008: renum. from NR 25.19 Register October 2023 No. 814, eff. 11-1-23. NR 25.027NR 25.027 Definitions. Except as otherwise specifically defined in the statutes, in this subchapter: NR 25.027(1)(1) “Allouez Bay” means that body of water in Douglas county lying south of a line commencing at the most northerly point in section 29, township 49 north, range 13 west, and running due east in a straight line to the water’s edge on north line of section 28, same township and range. NR 25.027(2)(2) “Baileys Harbor” means that body of water in Door county lying north of a line commencing at the most southerly point in section 21, township 30 north, range 28 east at N45°03.303′, W87°05.526′, and running in a straight line westerly to the south line of section 20, same township and range at N45°03.294′, W87°07.505′. NR 25.027 NoteNote: All latitude and longitude coordinates are expressed in degrees and minutes.
NR 25.027(3)(3) “CPE” means catch-per-unit-of-effort, which is the average number of fish caught per 1,000-foot lift of gill net or per lift of trap net, and includes all dead and live fish. NR 25.027(4)(4) “Cisco” means the fish species commonly known as lake herring or as cisco. NR 25.027(5)(5) “Closed area” means any area designated as a refuge by rule or statute, or any area where fishing is restricted in any manner by rule. NR 25.027(6)(6) “Closed season” means that period of the year not embraced within the open season for each species of fish therefor as provided in s. NR 25.05 (1) during which the taking of the fish species enumerated is prohibited. NR 25.027(7)(7) “Commercial fishing” means fishing for fish regulated by this chapter with commercial gear or methods other than those commonly known as hook and line fishing or angling, the taking of smelt pursuant to s. NR 20.20, or the taking of minnows. NR 25.027(8)(8) “Commercial fishing gear” or “commercial gear” is that equipment identified in or regulated by this chapter. NR 25.027(9)(9) “Commercial fishing license” means, for the purposes of s. 29.503 (2) (b), Stats., those licenses issued pursuant to ss. 29.519, 29.523, 29.526, 29.529, 29.531, 29.533, and 29.535, Stats. NR 25.027(10)(10) “Commercial ice fishing” means the setting and operating of commercial fishing gear through and from the surface of the ice. NR 25.027(11)(11) “Detroit Harbor” means that body of water in Door county lying north of a line commencing at the most southerly point in section 14, township 33 north, range 29 east at N45°20.016′, W86°56.451′, and running in a straight line to the most southerly point in section 18, township 33 north, range 30 east at N45°20.054′, W86°54.139′. NR 25.027 NoteNote: All latitude and longitude coordinates are expressed in degrees and minutes.
NR 25.027(12)(12) “Diverter” means a type of commercial fishing gear inside a trawl net before the cod end, used to sort fish by size, through which all fish caught must pass and which diverts larger fish out of the net. NR 25.027(13)(13) “Eagle Harbor” means that body of water in Door county south and east of a line drawn from the most northeast point in section 9, township 31 north, range 27 east at N45°10.496′, W87°13.340′, easterly to the water’s edge on the north line of section 12, same township and range at N45°11.140′, W87°09.679′. NR 25.027 NoteNote: All latitude and longitude coordinates are expressed in degrees and minutes.
NR 25.027(14)(14) “Egg Harbor” means that body of water in Door county lying south of a line commencing at the most northeast point in section 26, township 30 north, range 26 east at N45°03.245′, W87°18.005′, and running in a straight line east to the north line of section 25, same township and range at N45°03.265′, W87°16.938′. NR 25.027 NoteNote: All latitude and longitude coordinates are expressed in degrees and minutes.
NR 25.027(15)(15) “Electronic communication device” means a device with access to the internet or local networks capable of storing or replicating data on a hard drive, transmitting data over a network, displaying data on a screen, and recording data via an input apparatus. NR 25.027(16)(16) “Electronic fish reporting system” means a system established or authorized by the department for reporting daily commercial fishing activity and other required information to the department by electronic means. NR 25.027(18)(18) “End of the day” means 11:59 p.m. of the day the fish are landed. NR 25.027(20)(20) “Fish Creek” means that body of water in Door county lying south and east of a line commencing at the most northerly point in the southwest quarter of section 29, township 31 north, range 27 east at N45°07.925′, W87°14.926′, and running northeasterly in a straight line to the water’s edge on the north line of that section, township and range at N45°08.480′, W87°14.505′. NR 25.027 NoteNote: All latitude and longitude coordinates are expressed in degrees and minutes.
NR 25.027(21)(21) “Fleet reporting program” means a program of catch assignment and reporting under s. NR 25.135. NR 25.027(22)(22) “Float plan” means a description of the day’s proposed commercial fishing activity that includes the commercial fisher’s name, commercial fishing license number or fleet reporting number, date and intended time of leaving the pier or shore for commercial fishing activity, targeted species, port of departure, intended port of return, intended time of return, and the type of commercial fishing gear involved. NR 25.027(23)(23) “Harvest limit”, “harvest quota”, “total allowable annual commercial harvest”, or “the total allowable commercial harvest” means the total number of pounds of fish as established in this chapter which may be landed in a license year from the outlying waters or any portion thereof, except as otherwise prescribed in this chapter. NR 25.027(24)(24) “High value species” means whitefish when a commercial fisher’s whitefish individual catch quota in any zone is less than 13,656 pounds and yellow perch. NR 25.027(25)(25) “Home use fisher” means an enrolled tribal member of either the Bad River or Red Cliff band of Chippewa Indians exercising off-reservation fishing rights in Lake Superior recognized by State v. Gurnoe, 53 Wis. 2d 390 (1972), who takes fish for non-commercial disposition, including consumption by the member or member’s family or donation for charitable purposes. NR 25.027(26)(26) “Immediate family” means the spouse, children by birth or adoption, parents or siblings.
