Chapter NR 25

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.

NR 25.06(2)(d) (d) Menominees.

NR 25.06(2)(d)1. 1. The total allowable annual commercial harvest of menominees 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)(d)2. 2. The total allowable commercial harvest of menominees in Lake Michigan and Green Bay may not exceed 75,000 pounds in any license year, with no more than 1,000 pounds to be taken from zone 1, 46,000 pounds from zone 2 and 28,000 pounds from zone 3.

NR 25.06(2)(e) (e) Whitefish.

NR 25.06(2)(e)1. 1. The total allowable annual commercial harvest of whitefish in Wisconsin waters of Lake Michigan and the total allowable annual commercial harvest of whitefish in Wisconsin waters of Green Bay shall be determined by the natural resources board based on recommendations from the department and results from Green Bay and Lake Michigan whitefish population models described under subd. 2. a.

NR 25.06(2)(e)2. 2.

NR 25.06(2)(e)2.a. a. The department shall utilize the Green Bay whitefish population model for calculating the department recommendation for the total allowable commercial harvest of lake whitefish in Green Bay and shall utilize the Lake Michigan whitefish population model for calculating the department recommendation for the total allowable commercial harvest of lake whitefish in Lake Michigan. The recommendation for the total allowable commercial harvest for each area shall be calculated every three years using output from the population models. The population models shall use the following quantitative data for each whitefish management unit: weight at age, length at age, maturity schedule, trap net harvest by weight, trap net fishing effort by number of lifts, age composition of whitefish caught in trap nets, gill net harvest by weight, gill net fishing effort by number of lifts, age composition of whitefish caught in gill nets, recreational harvest by numbers, recreational fishing effort by angler hours, age composition of recreationally caught whitefish, and, in Green Bay, young-of-the-year index survey. An appropriate exploitation rate based on recent harvest trends shall be applied to the Green Bay and Lake Michigan model estimates, respectively, and the department may also account for whitefish mortality to reach the total allowable commercial harvest recommendation for Green Bay and the total allowable commercial harvest recommendation for Lake Michigan.

NR 25.06(2)(e)2.b. b. For the 2022 and 2023 license years, the allowable harvest for zone 1 shall not exceed 48.4148% of the total allowable commercial harvest of whitefish in Green Bay determined under subd. 2. a. or 569,788 pounds. For any given license year after December 31, 2023, the allowable harvest for zone 1 shall not exceed 67.9758% of the total allowable commercial harvest of whitefish in Green Bay determined under subd. 2. a. or 800,000 pounds, whichever is less. For any given license year, the allowable harvest for zone 3 shall not exceed 43.9135% of the total allowable commercial harvest of whitefish in Lake Michigan determined under subd. 2. a. or 351,487 pounds, whichever is less, and the allowable harvest for zone 2 shall consist of the total allowable commercial harvest for Green Bay less the allowable harvest for zone 1 plus the total allowable commercial harvest for Lake Michigan less the allowable harvest for zone 3, and shall be implemented in accordance with subd. 2. c. and s. NR 25.07 (2) (e) 5.

NR 25.06(2)(e)2.c. c. If the allocation for zone 2 exceeds the allowable harvest for zone 2 produced by the Green Bay and Lake Michigan population models as described under subd. 2. b., the adjusted amount of whitefish that may be allocated to the Green Bay waters of zone 2 shall be calculated by the following formula:  [X + ((zone 2 recommended allocation – (X+Y))*(X/(X+Y)))], and the adjusted amount of whitefish that may be allocated to the Lake Michigan waters of zone 2 shall be calculated by the following formula:  [Y + ((zone 2 recommended allocation – (X+Y))*(Y/(X+Y)))], where X is the difference between the Green Bay total allowable commercial harvest calculated under subd. 2. a. and the zone 1 allowable harvest under subd. 2. b., and Y is the difference between the Lake Michigan total allowable commercial harvest calculated under subd. 2. a. and the zone 3 allowable harvest under subd. 2. b. For accuracy, decimals shall be rounded to nearest sixth decimal place.

NR 25.06(2)(e)2.d. d. For the 2022 and 2023 license years, the Green Bay total annual allowable commercial harvest shall be 1,176,889 pounds, the Lake Michigan total annual allowable commercial harvest shall be 800,407 pounds, the zone 1 annual allowable harvest shall be 569,788 pounds, the zone 2 annual allowable harvest shall be 1,056,021 pounds, and the zone 3 annual allowable harvest shall be 351,487 pounds.

NR 25.06(3) (3) Tagging of fish. All harvested fish species or subspecies required to be tagged in accordance with this section shall be tagged with tags furnished or authorized by the department upon completing the net lift and before being transported by boat when fishing in open water and before being transported when fishing with nets under ice. Fish shall be individually tagged.

NR 25.06(3)(a) (a) Tags authorized shall be approved in writing by the secretary of the department and shall conform to the following minimum specifications:

NR 25.06(3)(a)1. 1. Tags shall be individually, serially numbered in nonrepeating number series.

NR 25.06(3)(a)2. 2. Tags shall be color-coded by lake trout open season in a color which does not repeat in the next consecutive lake trout open season.

NR 25.06(3)(a)3. 3. Tags shall include an appropriate state or tribal identification.

NR 25.06(3)(a)4. 4. Tags shall only be ordered in a number sufficient to limit the harvest to a biologically determined quota.

NR 25.06(3)(a)5. 5. Issuing authorities shall maintain records of tag allotments to individual fishers by tag serial numbers. Tag records shall be open to inspection by state conservation wardens during regular office hours.

NR 25.06(3)(a)6. 6. Tags are valid for use only for the lake trout open season for which they are issued.

NR 25.06(3)(b) (b) Untagged fish may not be left unattended.

NR 25.06(3)(c) (c) Untagged fish may not be transferred between watercraft.

NR 25.06(3)(d) (d) Tags shall be locked and remain attached to fish until prepared for final consumption. Tags shall remain with smoked or filleted fish until sold to final consumers. Commercial fishers of the outlying waters or licensed wholesale fish dealers shall not be considered final consumers and must be in possession of tags for smoked and filleted fish.

NR 25.06(3)(e) (e) Tags provided or authorized by the department for tagging fish may not be transferred, except when transferring a lake trout quota allotment as provided in s. NR 25.07 (1) (a) 2. to another licensee.

NR 25.06(3)(f) (f) No person may possess or use tags furnished or authorized by the department for tagging fish which have been modified or tampered with.

NR 25.06(3)(g) (g) No treaty fisher may lift nets in Wisconsin waters while in possession of tags issued by another tribe or jurisdiction.

NR 25.06(3)(h) (h) All unused tags issued under this section for the commercial harvest of lean lake trout shall be returned to the department within 30 days of the close of the fishing season for lake trout described in s. NR 25.05 (1) (a).

NR 25.06(4) (4) Allocation. The harvest quotas established shall be allocated to individual commercial fishing licensees in accordance with s. NR 25.07.

NR 25.06(5) (5) Catch fees. Catch fees to be charged for commercial harvest of fish species whose populations are sustained or supplemented through stocking shall be determined and assessed as follows:

NR 25.06(5)(a) (a) The department shall determine catch fees annually for each fish species population subject to this subsection and shall provide this information upon request by February 15 of each year.

NR 25.06(5)(b) (b) The catch fee for a given fish species population shall be equivalent to the department’s direct cost in providing those fish for commercial harvest.