Chapter NR 25

NR 25.027 Note Note: All latitude and longitude coordinates are expressed in degrees and minutes.

NR 25.027(37) (37) “Northern Green Bay” means those waters of Green Bay lying north of the northern and southern Green Bay line.

NR 25.027(38) (38) “Northern Green Bay-Lake Michigan line” means that line commencing at the northwest side of the Northport dock where it joins the shoreline in section 29, township 33 north, range 29 east at N45°17.443′, W86°58.647′; thence in a northeasterly direction to the range light (signal light) on Plum island at N45°18.225′, W86°57.298′; thence along the north and west shore of Plum island to the U.S. coast guard station at N45°18.782′, W86°56.877′; thence northerly to the southwesterly point of Shellswick dock at N45°20.016′, W86°56.451′, which is located on Lodbell’s point on Washington island; thence along this dock to the shoreline of Lodbell’s point; thence along the west shore of Washington island to Boyer’s Bluff light at N45°25.211′, W86°56.189′; thence due north to the Michigan-Wisconsin boundary line at N45°26.648′, W86°56.362′.

NR 25.027 Note Note: All latitude and longitude coordinates are expressed in degrees and minutes.

NR 25.027(39) (39) “Riley’s Bay” means that body of water in Door county lying south of a line commencing at the most northerly point in section 36, township 28 north, range 24 east at N44°51.486′, W87°31.900′, and running in a northeasterly direction to the most northerly point in section 30, township 28 north, range 25 east at N44°52.369′, W87°31.007′.

NR 25.027 Note Note: All latitude and longitude coordinates are expressed in degrees and minutes.

NR 25.027(40) (40) “Rowley’s Bay” means that body of water in Door county lying north of a line commencing at the water’s edge on south line of section 25, township 32 north, range 28 east at N45°12.535′, W87°01.954′ and running southeasterly to the most southerly point in section 32, township 32 north, range 29 east at N45°12.695′, W87°00.158′.

NR 25.027 Note Note: All latitude and longitude coordinates are expressed in degrees and minutes.

NR 25.027(41) (41) “Southern chub fishing zone” means those waters of Lake Michigan lying south of a line extending east from the entrance of Kewaunee harbor at N44°27.459′, W87°29.522′ to its intersection with the 45 fathom (270 feet) depth contour, then proceeding northerly along the 45 fathom depth contour to its intersection with a line extending east from the entrance of Algoma harbor at N44°36.397′, W87°25.792′, then proceeding east along a line from the entrance of Algoma harbor at N44°36.397′, W87°25.792′ to its intersection with the Wisconsin-Michigan state line at N44°36.397′, W86°48.390′.

NR 25.027 Note Note: All latitude and longitude coordinates are expressed in degrees and minutes.

NR 25.027(42) (42) “Southern Green Bay” means those waters of Green Bay lying south of the northern and southern Green Bay line, including the Fox river as far as the dam at DePere, and westerly of the Southern Green Bay — Lake Michigan line.

NR 25.027(43) (43) “Southern Green Bay — Lake Michigan line” means that line commencing at a point on the southwest shore of the Sturgeon Bay ship canal directly beneath the center of the Wisconsin public service company power line and extending in a northeasterly direction directly beneath and parallel to the center of the power line to a point on the northeast shore of the ship canal, all located in NE1/4 NW1/4, section 22, township 27 north, range 26 east, Door county.

NR 25.027(44) (44) “St. Louis Bay” means that body of water in Douglas county lying between a line commencing at the most northerly point of section 10, township 49 north, range 14 west, running due north to the Minnesota boundary, and the north line of sections 20 and 21, running due west to the Minnesota boundary.

NR 25.027(45) (45) “Standard fish box” means any container with outer dimensions no greater than 18 inches in width, 32 inches in length and 12 inches in depth used or designed for holding fish.

NR 25.027(46) (46) “Sturgeon Bay” means that body of water in Door county lying south and east of a line commencing at the most northerly point of section 23, township 28 north, range 25 east at N44°53.582′, W87°26.043′, and running in a northeasterly direction to the water’s edge on north line of section 13, same township and range at N44°54.451′, W87°24.390′.

NR 25.027 Note Note: All latitude and longitude coordinates are expressed in degrees and minutes.

NR 25.027(47) (47) “Superior Bay” means that body of water in Douglas county lying south and east between Minnesota point and the main land of Douglas county extending from a line drawn from the most southerly point in section 20, township 49 north, range 13 west, to the most northerly point in section 29, same township and range.

NR 25.027(48) (48) “Trap net” means a device constructed of netting, which may employ wings or wings and leads, directing the movement of fish through a tunnel of netting into inner hearts or built-in forebays wherein they are trapped by their own movement. Such nets may be referred to as shallow trap nets, submarine trap nets or deep water trap nets but shall not include drop nets or fyke nets.

NR 25.027(49) (49) “Trawl” means a large conical bag of netting to which are often attached wings of netting, which is towed in the water and weighted such that its sweep line maintains contact with the bottom throughout the drag, and captures fish by scooping rather than encircling them. The mouth of the bag is normally kept open laterally by 2 large boards, one on each side so rigged that they serve to spread the entire net, and these boards are secured to towing lines running to the vessel or vessels engaged in towing the net through the water.

NR 25.027(50) (50) “Treaty fisher” means an enrolled tribal member of either the Bad River or Red Cliff bands of Chippewa Indians exercising off-reservation commercial fishing rights in Lake Superior recognized by State v. Gurnoe, 53 Wis. 2d 390 (1972).

NR 25.027(51) (51) “Washington Harbor” means that body of water in Door county lying south of a line commencing at the water’s edge on the north line of section 25, township 34 north, range 29 east at N45°24.344′, W86°55.714′, and running in a straight line easterly to the water’s edge on the north line of section 25, same township and range at N45°24.357′, W86°55.014′.

NR 25.027 Note Note: All latitude and longitude coordinates are expressed in degrees and minutes.

NR 25.027(52) (52) “West Harbor” means that body of water in Door county and adjoining water in sections 2, 10 and 11, township 33 north, range 29 east, lying east of a line starting at the most northwesterly point of land in section 10 of township 33 north, range 29 east at N45°21.511′, W86°57.224′, and running in a northerly direction to the most northwesterly point of land in section 2, township 33 north, range 29 east at N45°22.453′, W86°57.077′.

NR 25.027 Note Note: All latitude and longitude coordinates are expressed in degrees and minutes.

NR 25.027(53) (53) “WI-1” and “WI-2” mean Wisconsin Statistical Districts l and 2 as defined in the Lake Trout Management Plan of the Lake Superior Technical Committee of the Great Lakes Fishery Commission. The line between the districts extends due north from the northernmost tip of Bark Point at N46° 53.21′, W91°11.16′ with WI-1 waters to the west and WI-2 waters east to the Michigan border.

NR 25.027(54) (54) “Zone 1” means all waters in southern Green Bay.

NR 25.027(55) (55) “Zone 2” means all waters in northern Green Bay and all Lake Michigan waters north of a line running due east from the eastern shore of Door county along 44° 40′ north latitude to the Wisconsin-Michigan state boundary at N44°40.000′, W86°46.820′.

NR 25.027(56) (56) “Zone 3” means all waters of Lake Michigan south of a line running due east from the eastern shore of Door county along 44º 40′ north latitude to the Wisconsin-Michigan state boundary at N44°40.000′, W86°46.820′.

NR 25.027 History History: CR 23-008: cr. (title), (intro.), renum. (1) to (24) from NR 25.02 (1), (2), (2m), (3m), (4), (5), (8), (9), (9m), (10), (13), (14), (17) to (22), (27), (29), (30), (32), (33) and, as renumbered, am. (3), (8), (24), cr. (25), renum. (26) to (55) from NR 25.02 (35), (37), (38), (40) to (49), (54), (55), (57) to (61), (63) to (72) Register October 2023 No. 814, eff. 11-1-23; correction in (19) made under s. 13.92 (4) (b) 7., Stats., Register October 2023 No. 814.

NR 25.03 NR 25.03 Commercial fishing licenses.

NR 25.03(1) (1) Lake Superior.

NR 25.03(1)(a) (a)

NR 25.03(1)(a)1. 1. Not more than 10, subject to subd. 2., licenses authorizing commercial fishing in Lake Superior may be issued for each license year except that this section does not apply to licenses for fishing only for the harvest of rough fish from outlying waters under permit or contract issued under s. 29.417 or 29.421, Stats.

NR 25.03(1)(a)2. 2. Notwithstanding the total number of licenses established in subd. 1., the department may issue up to 21 licenses authorizing commercial fishing in Lake Superior if required by the terms of cooperative agreements between the department and persons licensed during the 1995-1996 license year.

NR 25.03(1)(a)3. 3. A person may hold more than one license under s. 29.519 (1m), Stats., for commercial fishing on Lake Superior, if the person meets the criteria of par. (b) for each license separately.

NR 25.03 Note Note: The Wisconsin Attorney General and the Department of Natural Resources interpret LeClair et al. v. Natural Resources Board and DNR, 168 Wis. 2d 227 (Ct. App. 1992), (review denied June 2, 1992) and prior cases to hold that commercial fishing licenses and quotas do not establish property rights and are subject to the full regulatory authority of the state. By voluntarily withdrawing from the commercial fishery in conjunction with the creation of this subdivision and the amendment of ss. NR 25.03 (1) (a) and 25.06 (1) (a) 2., (effective February 1, 1997), participating commercial fishers acknowledge this interpretation and agree to cooperate in reducing the size of the commercial fishery while enhancing the lake trout fishery of Lake Superior.

NR 25.03(1)(b) (b) Applications for licenses authorizing commercial fishing on Lake Superior which have been filed in accordance with sub. (3) shall be reviewed, and approved or denied, pursuant to the following criteria:

NR 25.03(1)(b)1. 1. The applicant shall show proof of a $5,000 investment in commercial fishing equipment not to include vehicles other than those directly employed in operating nets.

NR 25.03(1)(b)2. 2. Any applicant failing to meet the criteria of this paragraph will not be eligible to reapply for a license until the application period for the succeeding license year.

NR 25.03(1)(c) (c) Licenses shall be issued according to the following priorities to applicants otherwise qualified under par. (b):

NR 25.03(1)(c)1. 1. First to individuals who have been licensed commercial fishers on Lake Superior during the preceding license year and who are applying for renewal of that license.

NR 25.03(1)(c)2. 2. Next to individuals who were not licensed the preceding license year, but who had been licensed commercial fishers on Lake Superior for at least 2 years.

NR 25.03(1)(c)3. 3. Next to individuals who worked as a licensed crew member on Lake Superior under s. 29.519 (4) (a), Stats., for at least 2 years.

NR 25.03(1)(c)4. 4. Next to other Wisconsin residents and nonresidents residing in states allowing Wisconsin residents similar privileges.

NR 25.03(1)(c)5. 5. When the number of qualified applicants for licenses exceed the number of licenses available and those applicants are not affected by the priorities established in subds. 1. to 4., the licenses shall be awarded on the basis of random selection from all eligible applications.

NR 25.03(1)(d) (d) The Lake Superior commercial fishing board shall review applications for licenses and recommend approval or denial of licenses to the department no later than one month before the end of the license year preceding the license year for which application is being made.

NR 25.03(2) (2) Lake Michigan.

NR 25.03(2)(a) (a) No more than 65 licenses authorizing commercial fishing in Lake Michigan may be issued for each license year. This section does not apply to licenses for fishing only for the harvest of rough fish from outlying waters under a permit or contract issued under s. 29.417 or 29.421, Stats.

NR 25.03(2)(am) (am) A person may hold more than one license under s. 29.519 (1m), Stats., for commercial fishing on Lake Michigan, if the person meets the criteria of par. (b) for each license separately.

NR 25.03(2)(b) (b) Applications for licenses authorizing commercial fishing in Lake Michigan which have been filed in accordance with sub. (3) shall be reviewed, and approved or denied, pursuant to the following criteria:

NR 25.03(2)(b)1. 1. The applicant shall show proof of a $5,000 investment in commercial fishing equipment not to include vehicles other than those directly employed in operating nets.

NR 25.03(2)(b)2. 2. Any applicant failing to meet the criteria of this paragraph will not be eligible to reapply for a license until the application period for the succeeding license year.

NR 25.03(2)(c) (c) Licenses shall be issued according to the following priorities to applicants otherwise qualified under par. (b):

NR 25.03(2)(c)1. 1. First to individuals who have been licensed commercial fishers on Lake Michigan during the preceding license year and who are applying for renewal of that license.

NR 25.03(2)(c)2. 2. Next to individuals who were not licensed the preceding license year, but who had been licensed commercial fishers on Lake Michigan for at least 2 years.

NR 25.03(2)(c)3. 3. Next to individuals who worked as a licensed crew member on Lake Michigan under s. 29.519 (4) (a), Stats., for at least 2 years.

NR 25.03(2)(c)4. 4. Next to other Wisconsin residents and nonresidents residing in states allowing Wisconsin residents similar privileges.

NR 25.03(2)(c)5. 5. When the number of qualified applicants for licenses exceed the number of licenses available and those applicants are not affected by the priorities established in subds. 1. to 4., the licenses shall be awarded on the basis of random selection from all eligible applications.

NR 25.03(2)(d) (d) The Lake Michigan commercial fishing board shall review applications for licenses and recommend approval or denial of licenses to the department no later than one month before the end of the license year preceding the license year for which application is being made.

NR 25.03(3) (3) Application. Application for licenses authorizing commercial fishing in the outlying waters shall be made on forms available from the department and shall be returned to the department no later than 60 days before the license year for which application is being made. To be timely, applications, if mailed, must be postmarked no later than 60 days before the license year for which application is being made and if submitted to the department other than by mail must be received and stamped with a date stamp of the department indicating receipt no later than 60 days before the license year for which application is being made. Late applications for licenses may not be acted upon by the department but shall be returned to the applicant along with the applicant’s license fee.

NR 25.03(4) (4) Rough fish licenses. This section does not apply to licenses for fishing only for the harvest of rough fish from outlying waters under permit or contract issued under s. 29.417 or 29.421, Stats.

NR 25.03 History History: Cr. Register, September, 1976, No. 249, eff. 10-1-76; r. and recr. Register, October, 1979, No. 286, eff. 11-1-79; am. (1), Register, August, 1980, No. 296, eff. 9-1-80; am. (1) (a), (2) (a) and (3), cr. (2) (b) and (c), Register, March, 1981, No. 303, eff. 4-1-81; am. (1) (a), (2) (c) 5. and (3), r. and recr. (1) (b) 2. and 3., (2) (a), r. (2) (b) and (2) (c) 3., renum. (2) (c) (intro.), 1. and 2. to be (2) (b) (intro.) 1. and 2., renum. (1) (b) 4. to be (1) (c) and am., renum. (1) (b) 5. to be (1) (c) 5. and am., renum. (1) (c) to be (1) (d) and am., renum. (2) (c) 4. to be (2) (c) and am., cr. (2) (b) 3., Register, June, 1983, No. 330, eff. 7-1-83; emerg. am. (2) (a), (b) (intro.) and (c) (intro.), cr. (2) (d), (e) and (f), eff. 5-5-86; am. (2) (a) and (b) (intro.), cr. (2) (d) and (e), Register, December, 1986, No. 372, eff. 1-1-87; am. (2) (a), (b) (intro.) and 1., r. (2) (b) 2. intro. and a., (2) (c) to (e), renum. (2) (b) 2. b. to be (2) (b) 2. and am., r. and recr. (2) (b) 3., Register, April, 1988, No. 388, eff. 5-1-88; cr. (2) (b) 4., Register, June, 1989, No. 402, eff. 7-1-89; emerg. r. (2) (b) 2., renum. (2) (b) 3. and 4. to be 2. and 3. and am. 3., am. (3), cr. (4) eff. 4-1-91; r. (2) (b) 2., renum. (2) (b) 3. and 4. to be 2. and 3. and am. 3., am. (3), cr. (4), Register, August, 1991, No. 428, eff. 9-1-91; am. (1) (b) 2., Register, November, 1993, No. 455, eff. 12-1-93; cr. (1) (a) 2., Register, January, 1997, No. 493, eff. 2-1-97; r. and recr. (2) (b) 3., cr. (2) (b) 4. and 5., Register, March, 1998, No. 507, eff. 4-1-98; am. (2) (b) 3. a. and b., Register, June, 2001, No. 546, eff. 7-1-01; CR 08-060: cr. (1) (a) 3. and (2) (am) Register June 2009 No. 642, eff. 7-1-09; CR 09-016: am. (1) (b) to (d), (2) (a) and (3), r. (2) (b) 2., renum. (2) (b) 3. to 5. to be (2) (b) 2. to 4. and am., cr. (2) (b) 5., (c) and (d) Register January 2010 No. 649, eff. 2-1-10; CR 13-001: am. (1) (b) (intro.), r. (1) (b) 2. to 4., renum. (1) (b) 5. to 2., am. (2) (b) (intro.), r. (2) (b) 2. to 4., renum. (2) (b) 5. to 2. Register August 2013 No. 692, eff. 9-1-13.

NR 25.04 NR 25.04 Transfer of commercial fishing licenses. Any licensed commercial fisher may transfer their valid license authorizing commercial fishing in the outlying waters to another person who meets the criteria under s. NR 25.03 and s. 29.519, Stats., for obtaining such a license, subject to the conditions stated in this section.

NR 25.04(1) (1) Application for license transfers shall be made on forms provided by the department.

NR 25.04(2) (2) A licensee may designate on the application for their license authorizing commercial fishing in the outlying waters a person to whom the licensee wishes that license to be transferred in the event of the licensee’s death or incapacity. This designation may be changed during the license year as requested in writing by the licensee. The designated person would have to meet the criteria under this section for the transfer to occur.

NR 25.04(2)(a) (a) In the absence of such a designation, or a qualified transferee, or a transferee capable of accepting the transfer under this section, members of the immediate family of the licensee who meet the eligibility requirements of this section shall be offered the license. The offer shall be made by the department in the following order:

NR 25.04(2)(a)1. 1. Spouse;

NR 25.04(2)(a)2. 2. Children, eldest first, then in order of age;

NR 25.04(2)(a)3. 3. Parents;

NR 25.04(2)(a)4. 4. Siblings, eldest first, then in order of age.

NR 25.04(2)(b) (b) If, under the criteria of s. 29.519, Stats., and this chapter, a prospective transferee under this subsection is not eligible to receive a license at the time it is offered, but he or she could become eligible within 2 years, the department shall offer the license to the person. If the person accepts the license within 30 days of the offer, the person shall have 2 years from the date of acceptance to show that he or she meets the eligibility requirements of s. 29.519, Stats., and this chapter, during which time the license shall be held in abeyance by the department. However, if it becomes apparent to the department that the person cannot become eligible within 2 years from the date of acceptance; if the person fails to become eligible within the 2-year period; or if the person does not accept the offer within 30 days, the department shall offer the license to the next prospective transferee under this subsection, if any exist.

NR 25.04(2)(c) (c) All offers of transfer under this subsection shall be accepted within 30 days from the date of offer or be considered refused.

NR 25.04(3) (3) Licenses may not be transferred if the licensee or the transferee is charged with a violation of outlying waters commercial fishing laws under which conviction could cause revocation or suspension of that license. This subsection shall apply from the issuance of the citation or complaint until the matter is adjudicated or dismissed.

NR 25.04(4) (4) Licenses may not be transferred to any person who currently has a license authorizing commercial fishing in the outlying waters under revocation or suspension.

NR 25.04(5) (5) License transfers shall be reviewed and approved or denied by the commercial fishing board of the body of water for which the license authorizes commercial fishing. Such review and approval or denial shall occur no later than the next regular quarterly meeting of the appropriate commercial fishing board.

NR 25.04(6) (6) This section does not apply to the transfer of a boat from one license to another as provided for under s. 29.519 (2) (e), Stats.

NR 25.04(7) (7) In addition, a licensed commercial fisher may not transfer a license authorizing commercial fishing on Lake Michigan to another person unless the proposed transferee meets the eligibility requirements of s. NR 25.03 (2) (b) 1.

NR 25.04 History History: Cr. Register, September, 1976, No. 249, eff. 10-1-76; r. and recr. Register, October, 1979, No. 286, eff. 11-1-79; r. and recr. Register, June 1985, No. 354, eff. 7-1-85; emerg. cr. (7), eff. 5-22-86; cr. (7), Register, December, 1986, No. 372, eff. 1-1-87; am. (7) (intro.), Register, April, 1988, No. 388, eff. 5-1-88; emerg. am. (7) (b), eff. 4-1-91; am. (7) (b), Register, August, 1991, No. 428, eff. 9-1-91; r. and recr. (2) (b), Register, June, 1997, No. 498, eff. 7-1-97; CR 08-060: am. (6) and (7) Register June 2009 No. 642, eff. 7-1-09.

NR 25.05 NR 25.05 Open seasons; size limits; possession and harvest limits.

NR 25.05(1) (1) Open seasons. In the outlying waters there shall be an open season subject to other conditions established in this chapter and by statute on the various species of fish embraced within specified dates, both inclusive, as follows. During any time other than the open season no person may take, catch or kill fish or fish for fish, except as otherwise expressly provided in this chapter.

NR 25.05(2) (2) Size limits. Except as otherwise expressly provided in this chapter, no fish of a length or size less than that specified for each variety of any of the following varieties may be possessed or under control. The measurement of the length of a fish within the meaning of this chapter shall be taken in a straight line in a natural position without manipulation from the tip of the snout to the end of the fully extended tail fin. The measurement of length shall apply without allowance made for the shrinkage of the fish.

NR 25.05(3) (3) Possession and harvest limits. Except as otherwise provided in this chapter, no person may do any of the following:

NR 25.05(3)(a) (a) Possess species of fish for which there is no open season.

NR 25.05(3)(b) (b) While on the water, possess species of fish outside of the open season for that species.

NR 25.05(3)(c) (c) Catch, take or kill more fish than authorized by his or her harvest limit, except as provided in par. (g). The harvest limit for species of fish for which an open season is provided and a quota has been established shall be the individual quota established by commercial fishing boards or the department for the person harvesting the fish.

NR 25.05(3)(d) (d) Fish for a species of fish in a zone for which the person has no harvest limit.

NR 25.05(3)(e) (e) At the time of landing, possess fish eggs that weigh more than 25% of the simultaneously landed dressed carcasses of fish of the species from which the eggs were taken.

NR 25.05(3)(f) (f) At the time of landing, possess fish viscera that weighs more than 50% of the simultaneously landed dressed carcasses of fish of the species from which the viscera were taken.