Chapter NR 25

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.

NR 25.05(3)(g) (g) Take, catch or kill more fish, by species and zone, than authorized by the total of the person’s individual catch quotas and permits under the person’s fleet reporting program, if the person is engaged in fleet reporting under s. NR 25.135.

NR 25.05(3)(h) (h) Take catfish with a bow and arrow or crossbow or by hand under the authority of a commercial fishing license.

NR 25.05(4) (4) Ice fishing. Commercial fishing through the ice in Green Bay and Lake Michigan is prohibited after March 31 during each license year.

NR 25.05 History History: Cr. Register, September, 1976, No. 249, eff. 10-1-76; emerg. am. (1) (d) and cr. (3), eff. 5-16-79; am. Register, October, 1979, No. 286, eff. 11-1-79; am. (1) (d), Register, May, 1981, No. 305, eff. 7-1-81; emerg., am. (2) (b), eff. 7-1-81; am. (2) (b), Register, August, 1981, No. 308, eff. 9-1-81; emerg. am. (1) (i), eff. 5-20-82; am. (1) (d) and (i), (2) (e), Register, October, 1982, No. 322, eff. 11-1-82; am. (1) and (2), Register, April, 1983, No. 328, eff. 5-1-83; emerg. am. (1) (g) and cr. (1) (gm), eff. 6-20-84; am. (1) (d), Register, January, 1985, No. 349, eff. 2-1-85; am. (1) (g) and cr. (1) (gm), Register, March 1985, No. 351, eff. 4-1-85; am. (1) (d), Register, July, 1985, No. 355, eff. 8-1-85; am. (1) (d), Register, February, 1986, No. 362, eff. 3-1-86; am. (1) (cr), (e), (g) and (gm), r. (1) (f) and (2) (f), cr. (1) (gn) and (4), Register, June, 1989, No. 402, eff. 7-1-89. emerg. am. (1) (a) and (c), eff. 4-22-86; am. (1) (a), (c), (d) and (e), Register, October, 1986, No. 370, eff. 11-1-86; am. (1) (d), (e), (g) and (gm), r. (1) (f) and (2) (f), cr. (1) (gn) and (4), Register, June, 1989, No. 402, eff. 7-1-89; emerg. am. (2) (a), eff. 11-28-90; emerg. am. (1) (g), (gn) and (3), eff. 4-1-91; am. (2) (a), Register, July, 1991, No. 427, eff. 8-1-91; am. (1) (g), (gn) and (3), Register, August, 1991, No. 428, eff. 9-1-91; emerg. am. (1) (e), eff. 7-1-96; emerg. am. (1) (e), eff. 10-1-96; am. (1) (e), Register, December, 1996, No. 492, eff. 1-1-97; am. (1) (d), Register, April, 1997, No. 496, eff. 5-1-97; am. (1) (d), Register, December, 1998, No. 516, eff. 1-1-99; am. (3), Register, July, 1999, No. 523, eff. 8-1-99; am. (1) (d), Register, December, 2000, No. 540, eff. 1-1-01; CR 01-115: am. (1) (d), Register February 2002 No. 554, eff. 3-1-02; CR 01-145: r. and recr. (1) (d), Register July 2002 No. 559, eff. 8-1-02; CR 06-111: r. and recr. (1) (d) Register June 2007 No. 618, eff. 7-1-07; CR 08-060: am. (3) Register June 2009 No. 642, eff. 7-1-09; CR11-049: am. (1) (c) Register August 2012 No. 680, eff. 9-1-12; CR 19-009: cr. (3) (h) Register February 2020 No. 770, eff. 3-1-20; correction in (3) (h) made under s. 35.17, Stats., Register February 2020 No. 770; CR 19-134: am. (4) Register April 2020 No. 772, eff 5-1-20; EmR1923: emerg. am. (1) (a), (c), (h), eff. 12-30-19; CR 19-103: am. (1) (a), (c), (h) Register July 2020 No. 775, eff. 8-1-20; CR 23-008: r. and recr. (1) (e), am. (4) Register October 2023 No. 814, eff. 11-1-23.

NR 25.05 Note Note: See the table of Appellate Court Citations for Wisconsin appellate cases citing s. NR 25.05.

NR 25.06 NR 25.06 Quotas, catch fees and special regulations.

NR 25.06(1) (1) Lake Superior.

NR 25.06(1)(a) (a) Lake trout. The total allowable annual harvest of lake trout by state and tribal commercial fishers and tribal home use fishers under par. (b) during the open season in WI-1 and WI-2 shall be determined by the natural resources board based upon recommendations from the state/tribal biological committee which consists of state, tribal and national biological service representatives.

NR 25.06(1)(am) (am) Recall of lake trout tags. The department may recall tags furnished or authorized in accordance with sub. (3), when necessary to implement a quota reduction.

NR 25.06(1)(b) (b) Harvest of fish from Lake Superior for home use by Lake Superior Chippewas. Members of the Bad River and Red Cliff bands of Lake Superior Chippewas may harvest species of fish for which there is an open season during said season, under home use permits issued by their respective tribal councils.

NR 25.06(1)(b)1. 1. Home use permits will be issued to the heads of households only, and only one permit will be issued to an individual.

NR 25.06(1)(b)2. 2. Permittees are restricted to the use of no more than 350 feet of gill net and sale of fish pursuant to these permits is prohibited. These fishing activities shall be restricted to waters adjacent to the reservations of the Bad River and Red Cliff bands, and during the closed season for lake trout no part of any net may extend beyond one-quarter mile from the shoreline of those waters.

NR 25.06(1)(b)3. 3. In no instance may a boat fish both commercial and home use nets at the same time. If such home use nets are fished by a commercial licensee, those nets must be labeled as home use and must be marked in the same manner as required for commercial nets under s. NR 25.09.

NR 25.06(1)(b)4. 4. Permittees shall limit the use of gill nets to mesh sizes of 2 3/₄ inch stretch measure or smaller, and 4 1/₂ inch stretch measure or larger.

NR 25.06(1)(b)5. 5. All game fish harvested under permits issued under this section shall be tagged in accordance with sub. (3). The Bad River and Red Cliff bands shall provide quarterly home use harvest reports on forms supplied by the department.

NR 25.06(1)(c) (c) Cisco. The total allowable annual harvest of cisco by state and tribal fishers during the open season in Wisconsin waters of Lake Superior may not exceed 1,794,000 round weight pounds, as determined by the department and tribes and:

NR 25.06(1)(c)1. 1. The total allowable state harvest in the waters of Lake Superior may not exceed 897,000 round weight pounds in a calendar year.

NR 25.06(1)(c)2. 2. From October 1 through December 31 of each year, the total harvest of cisco by state licensed commercial fishers using gill nets with a mesh size of not less than 2 3/8 inch and not more than 3-inch stretch measure may not exceed 850,000 round weight pounds.

NR 25.06(1)(c)3. 3. Excluding harvest under subd. 2, from January 1 through December 31 of each year, the total harvest of cisco by state fishers and the department shall not exceed 47,000 round weight pounds. The department shall subdivide the allocation of 47,000 round weight pounds among commercial incidental catch, angling, and department assessment activities.

NR 25.06(1)(c)4. 4. The total allowable harvest by the Red Cliff and Bad River bands, including both commercial and tribal home use fishers in the waters of Lake Superior, may not exceed 897,000 round weight pounds in a calendar year.

NR 25.06(2) (2) Lake Michigan and Green Bay.

NR 25.06(2)(a) (a) Chubs. The total allowable annual commercial harvest of chubs in Wisconsin waters of Lake Michigan shall be determined by the natural resources board based on recommendations from the department.

NR 25.06(2)(a)1. 1. The total allowable commercial harvest for any license year may not exceed 3,600,000 pounds.

NR 25.06(2)(a)2. 2. No more than 600,000 pounds of the total allowable commercial harvest for any license year may be taken in the northern chub fishing zone.

NR 25.06(2)(a)3. 3. No more than 3,000,000 pounds of the total allowable commercial harvest for any license year may be taken in the southern chub fishing zone.

NR 25.06(2)(a)4. 4. The department reserves 100,000 pounds of the total allowable annual commercial harvest of chubs to be used for special assessment.

NR 25.06(2)(b) (b) Yellow perch. The total allowable annual commercial harvest of yellow perch in Wisconsin waters of Lake Michigan and Green Bay shall be determined by the natural resources board based on recommendations from the department.

NR 25.06(2)(b)1. 1. The total allowable commercial harvest in zone 1 for any license year may not exceed 100,000 pounds.

NR 25.06(2)(b)2. 2. The total allowable commercial harvest in zone 2 for any license year may not exceed 4,655 pounds.

NR 25.06(2)(b)3. 3. The total allowable commercial harvest in zone 3 for any license year may not exceed 107,345 pounds.

NR 25.06(2)(c) (c) Smelt.

NR 25.06(2)(c)1m. 1m. The total allowable annual commercial harvest of smelt in Wisconsin waters of Lake Michigan and Green Bay shall be determined by the natural resources board based on recommendations from the department.

NR 25.06(2)(c)2m. 2m. The total allowable commercial harvest of smelt in any license year may not exceed 1,000,000 pounds in Lake Michigan and Green Bay, of which no more than 25,000 pounds may be taken from Green Bay.