Chapter NR 25

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.

NR 25.06(5)(c) (c) Catch fees shall be charged on a per fish harvested basis.

NR 25.06(5)(d) (d) Catch fees shall be collected through the sale of fish tags furnished or authorized by the department in accordance with sub. (3) at offices indicated on the quota applications provided under s. NR 25.07 (3). The total number of tags that may be purchased by an individual licensee shall be equivalent to that licensee’s individual catch quota as determined in accordance with s. NR 25.07.

NR 25.06(5)(e) (e) Unused fish tags purchased in accordance with par. (d) shall be returned by the licensee to the department at the office where purchased within 15 days of the end of the open season for that fish species population. The department shall return the catch fees paid by that licensee for those unused fish tags.

NR 25.06 History History: Cr. Register, September, 1976, No. 249, eff. 10-1-76; emerg. am., eff. 5-16-79; am. Register, October, 1979, No. 286, eff. 11-1-79; am. (2) (a), Register, May, 1981, No. 305, eff. 7-1-81; emerg. am. (1) (b) to (d) and (f), r. (1) (e), eff. 7-1-81; am. (1) (b) to (d) and (f), r. (1) (e), Register, August, 1981, No. 308, eff. 9-1-81; emerg. am. (2) (a), eff. 7-1-82; am. (2) (a), Register, September, 1982, No. 321, eff. 10-1-82; am. Register, October, 1982, No. 322, eff. 11-1-82; am. (2) (a) and cr. (2) (b), Register, April, 1983, No. 328, eff. 5-1-83; am. (2) (a) 1. and (3) (f), renum. (2) (a) 3. to be (2) (a) 4., cr. (2) (a) 3., Register, June, 1983, No. 330, eff. 7-1-83; am. (2) (b) 1., Register, June, 1984, No. 342, eff. 7-1-84; am. (2) (a) 1. to 3., Register, July, 1984, No. 343, eff. 8-1-84; reprinted to correct error in (2) (a) 2., Register, August, 1984, No. 344; emerg. am. (1) (a), eff. 1-2-86; emerg. cr. (3) (a) and (g), eff. 4-22-86; emerg. am. (1) (a) 3., eff. 5-1-86; r. and recr. (1) (a), Register, July, 1986, No. 367, eff. 8-1-86; am. (2) (a) 1. to 3. and (b) 1., cr. (2) (c) and (3) (a) and (g), Register, October, 1986, No. 370, eff. 11-1-86; emerg. am. (1) (a) 1. to 3., eff. 3-10-87; am. (1) (a) 1. to 3., Register, December, 1987, No. 384, eff. 1-1-88; am. (2) (c) 3., Register, April, 1988, No. 388, eff. 5-1-88; am. (2) (b) (intro.) and 1., (c) 1., a. (2) (b) 2. and 3., (2) (d) and (e), Register, June, 1989, No. 402, eff. 7-1-89; am. (2) (b) 1., Register, January, 1990, No. 409, eff. 2-1-90; emerg. am. (1) (a) 1. to 4., eff. 11-28-90; emerg. am. (2) (c) (intro.) and 1., r. (2) (c) 2. and 3., eff. 4-1-91; am. (2) (b) 1., Register, June, 1991, No. 426, eff. 7-1-91; am. (1) (a) 1. to 4., Register, July, 1991, No. 427, eff. 8-1-91; am. (2) (c) (intro.) and 1., r. (2) (c) 2. and 3., Register, August, 1991, No. 428, eff. 9-1-91; am. (2) (a) 1. and 2. and (e) 2., Register, March, 1992, No. 435, eff. 4-1-92; emerg. am. (2) (b) 1. eff. 7-1-94; am. (2) (b) 1., Register, January, 1995, No. 469, eff. 2-1-95; am. (2) (a) 2., cr. (2) (c) 2., Register, February, 1995, No. 470, eff. 3-1-95; emerg. am. (2) (b) 2. and 3., eff. 7-1-95; am. (2) (e) 2., Register, July, 1995, No. 475, eff. 8-1-95; am. (2) (b) 2. and 3., Register, September, 1995, No. 477, eff. 10-1-95; am. (1) (a) 2., Register, January, 1997, No. 493, eff. 2-1-97; am. (2) (e) 2., Register, April, 1997, No. 496, eff. 5-1-97; am. (1) (a) (intro.), 1. to 4. and (2) (b) 1., Register, June, 1997, No. 498, eff. 7-1-97; am. (2) (e) 2., Register, April, 1999, No. 520, eff. 5-1-99; am. (2) (c) 1., Register, September, 1999, No. 525, eff. 10-1-99; CR 01-037: am. (2) (b) 1., Register February 2002 No. 554, eff. 3-1-02; CR 01-115: r. (2) (c) 2., Register February 2002 No. 554, eff. 3-1-02; emerg. am. (1) (a) 1. to 3. eff. 11-1-02; CR 02-096: am. (1) (a) 1. to 3. Register April 2003 No. 568, eff. 5-1-03; CR 02-144: am. (2) (c) 1. Register June 2004 No. 582, eff. 7-1-04; CR 03-107: am. (2) (b) 1. Register June 2004 No. 582, eff. 7-1-04; CR 05-085: am. (2) (b) 1. Register March 2006 No. 603, eff. 4-1-06; CR 05-115: am. (1) (a) 1. to 3. Register July 2006 No. 607, eff. 8-1-06; CR 07-075: am. (2) (b) 1. Register April 2008 No. 628, eff. 5-1-08; CR 08-060: am. (3) (intro.) Register June 2009 No. 642, eff. 7-1-09; CR 09-016: am. (3) (a) 2. and 6., cr. (3m) Register January 2010 No. 649, eff. 2-1-10; corrections in (3m) made under s. 13.92 (4) (b) 7., Stats., Register January 2010 No. 649; CR 09-083: r. and recr. (2) (e) 2. Register March 2010 No. 651, eff. 4-1-10; CR 13-001: r. (3m) Register August 2013 No. 692, eff. 9-1-13; EmR1401: emerg. am. (1) (a) 1. to 3., eff. 1-13-14; CR 13-111: am. (1) (a) 1. to 3. Register August 2014 No. 704, eff. 9-1-14; EmR1627: emerg. cr. (1) (c), eff. 10-1-16; CR 16-061: cr. (1) (c) Register September 2017 No. 741, eff. 10-1-17; EmR1804: emerg. am. (1) (a) 1. to 3., eff. 2-6-18; CR 17-071: am. (1) (a) 1. to 3., Register June 2018 No. 750 eff. 7-1-18; renum. (2) (c) (intro.), 1. to (2) (c) 1m., 2m. under s. 13.92 (4) (b) 1., Stats., Register April 2020 No. 772; EmR1923: emerg. am. (title), r. and recr. (1) (a), cr. (1) (am), am. (1) (b) 2., cr. (1) (b) 3. to 5., am. (3) (g), cr. (3) (h), eff. 12-30-19; CR 19-103: am. (title), r. and recr. (1) (a), cr. (1) (am), am. (1) (b) 2., cr. (1) (b) 3. to 5., am. (3) (g), cr. (3) (h) Register July 2020 No. 775, eff. 8-1-20; EmR2120: emerg. am. (1) (a) 2., (c) (intro.), 1., 2., 3., cr. (1) (c) 4., eff. 7-23-21; CR 21-024: am. (1) (a) 2., (c) (intro.), 1., 2., 3., cr. (1) (c) 4., eff. 7-23-21; am. (1) (a) 2., (c) (intro.), 1., 2., 3., cr. (1) (c) 4. Register October 2021 No. 790, eff. 11-1-21; EmR2114: emerg. am. (2) (e) 2. b., c., eff. 5-21-21; CR 21-099: am. (2) (e) 1., r. and recr. (2) (e) 2. a., b., cr. (2) (e) 2. c., d. Register July 2022 No. 799, eff. 8-1-22; CR 23-008: am. (1) (b) 2., (3) (e), (h) Register October 2023 No. 814, eff. 11-1-23; corrections in (2) (e) 2. b. made under s. 13.92 (4) (b) 7. and s. 35.17, Stats., Register October 2023 No. 814.

NR 25.06 Note Note: See the table of Appellate Court Citations for Wisconsin appellate cases citing s. NR 25.06.

NR 25.07 NR 25.07 Individual licensee catch quotas.

NR 25.07(1) (1) Lake Superior. The allotment of harvest quotas as established in s. NR 25.06 (1) to individual licensed commercial fishers on Lake Superior shall be by the department upon application in accordance with sub. (3), and as follows:

NR 25.07(1)(a) (a) Lake trout.

NR 25.07(1)(a)1. 1. Each licensed commercial fisher shall receive an equal share of the annual lake trout harvest quota established under s. NR 25.06 (1) (a) Table.

NR 25.07(1)(a)2. 2. Allocation of the lake trout quota to individual licensees shall be by issuance of appropriate tags by the department.

NR 25.07(1)(b) (b) Cisco. Each state commercial license shall be allotted an equal individual licensee catch quota of the total allowable annual cisco harvest quota established under s. NR 25.06 (1) (c).

NR 25.07(2) (2) Lake Michigan and Green Bay. The allotment of harvest quotas as established in s. NR 25.06 (2) to individual licensed commercial fishers on Lake Michigan and Green Bay shall be by the department upon application in accordance with sub. (3), as follows:

NR 25.07(2)(a) (a) Chubs.

NR 25.07(2)(a)1. 1. A chub fishing permit shall be issued under this subdivision to each applicant who selects the northern chub fishing zone under sub. (3) (d), is a licensed commercial fisher and held a Lake Michigan chub harvest permit for the northern chub fishing zone for the 1985-1986, 1986-1987 or 1987-1988 license year.

NR 25.07(2)(a)1m. 1m. A chub fishing permit and individual licensee catch quota shall be issued under this subdivision to each applicant who selects the southern chub fishing zone under sub. (3) (d) and is a licensed commercial fisher.

NR 25.07(2)(a)3. 3. All permittees under subd. 1. who select the northern chub fishing zone under sub. (3) (d) shall be subject to the following limitations beginning January 1, 2012:

NR 25.07(2)(a)3.a. a. No more than 150,000 pounds of chubs may be harvested during the quota period of January 1 through the end of February; no more than 300,000 pounds of chubs may be harvested during the quota period of March 1 through September 30, except that this amount shall be increased to include the portion of the allowable harvest for the previous period that is not reported as harvested in that period or decreased by the amount the reported harvest during the previous period exceeded the harvest limit for that period; and no more than 150,000 pounds of chubs may be harvested during the quota period of October 1 through December 31, except that this amount shall be increased to include the portion of the allowable harvest for the previous period that is not reported as harvested in that period or decreased by the amount the reported harvest during the previous period exceeded the harvest limit for that period.

NR 25.07(2)(a)3.b. b. During the quota periods of January 1 through the end of February and March 1 through September 30, the department shall notify all licensed commercial fishers to cease fishing upon receipt of information that 85% of the period quotas as established in subd. 3. a. have been harvested except that all nets in the water shall be lifted under s. NR 25.09 (2) (a) 10., and the legal fish harvested. During the quota period of October 1 through December 31, the department shall notify all licensed commercial fishers to cease fishing upon receipt of information that 80% of the period quota as established in subd. 3. a. has been harvested except that all nets in the water shall be lifted under s. NR 25.09 (2) (a) 10., and the legal fish harvested.

NR 25.07(2)(am) (am) Chubs; southern fishing zone limitations. All permittees under par. (a) 1m. who select the southern chub fishing zone under sub. (3) (d) shall be subject to the following limitations:

NR 25.07(2)(am)1. 1. In the southern chub fishing zone, 90% of the harvest quota established in s. NR 25.06 (2) (a) 3. shall be allotted to 32 individual permittees as follows:

NR 25.07(2)(am)1.a. a. The fisher rank of each individual permittee shall be based on their individual authorized regular season chub harvest from April 1, 1981 through December 31, 1982. This harvest determination shall be based on the permittee’s reported catch during that period adjusted to the legal amount under subd. 1. b. 4) and 5), Register, June, 1981, No. 306. The highest resulting number shall be assigned the fisher rank of 1, and the following numbers assigned sequential ranks until the 32 individual quota allotments are all assigned. If there are any ties for a given fisher rank, a public drawing will be conducted by the department and the permittee selected will receive that fisher rank. The permittee or permittees not selected will go to the next lower fisher rank. Additional drawings will be conducted as needed to resolve all ties. Any remaining permittees not receiving individual quota allotments shall fish under the provisions of subd. 2.

NR 25.07(2)(am)1.b. b. No individual quota allotted under subd. 1. may exceed 70,000 pounds, until each individual allotted quota equals 70,000 pounds. When the quota allotted to an individual permittee reaches 70,000 pounds, any additional harvest quota shall be divided equally among the remaining individual allotted quotas not equalling 70,000 pounds. When all individual allotted quotas each equal 70,000 pounds, for a total of 2,240,000 pounds, any further increases shall be divided equally among the individual quota allotments. Quota allotments shall be made in whole pound increments.

NR 25.07 Note Note: If 90% of the harvest quota established in s. NR 25.06 (2) (a) 3. equaled 1,890,000 pounds, permittees in fisher rank 1-5 would have individual quotas of 74,466 pounds. The excess over 70,000 pounds for each would be totalled, being 22,300 pounds, and divided equally among the remaining 27 individual quotas, 826 pounds each.

NR 25.07(2)(am)1.c. c. Whenever a vacancy occurs in the number of permittees allotted an individual quota, those permittees ranking below the vacancy shall automatically advance in rank to fill the vacancy. Any vacancy at fisher rank 32 may be filled by the permittee fishing under the provisions of subd. 2. who has the highest total reported regular season chub harvest for the previous 2 license years.

NR 25.07(2)(am)2. 2. In the southern chub fishing zone, 10% of the harvest quota established in s. NR 25.06 (2) (a) 3. shall be allotted to permittees who do not receive individual allotted quotas under subd. 1.

NR 25.07(2)(am)2.a. a. No more than 10% of this allotment may be taken by any one permittee during the license year.

NR 25.07(2)(am)2.c. c. Whenever the total amount of chubs allocated under subd. 2. a. does not equal the amount provided in subd. 2., the surplus shall be divided equally among permittees under subd. 2.

NR 25.07(2)(am)4. 4. Any permittee with an individual chub quota allotment under subd. 1. a. and b. may transfer up to 100% of his or her allotted chub quota to another permittee with an individual chub quota allotment under subd. 1. a. and b. A quota transfer under this subdivision shall be in effect only during the current license year, and shall be subject to sub. (6).

NR 25.07(2)(am)5. 5. Any permittee with an individual chub quota allotment under subd. 1. may temporarily transfer, for the remainder of the current license year, all or part of his or her individual chub quota allotment to a person who holds a permit under subd. 2., subject to s. NR 25.08 (intro.), (1), (4), and (5). However, a quota transfer approved under s. NR 25.08 (5) is not valid and may not be fished until either of the following occurs:

NR 25.07(2)(am)5.a. a. The transferee reaches his or her limit under subd. 2. a. upon taking 10% of the “racehorse” allotment made under subd. 2. during the license year; or

NR 25.07(2)(am)5.b. b. The department, acting under subd. 6., has closed the southern chub zone “racehorse” fishery by notifying permittees fishing under subd. 2. to cease fishing; all of the transferee’s nets in the water have been lifted and the legal fish in the nets harvested; and one calendar day has passed.

NR 25.07(2)(am)6. 6. The department shall notify permittees to cease fishing upon receipt of information that 85% of their allotment as established in par. (am) 1. and 2. has been harvested except that all nets in the water shall be lifted under s. NR 25.09 (2) (a) 10., and the legal fish therein harvested.

NR 25.07(2)(b) (b) Yellow perch in zone 1.

NR 25.07(2)(b)1. 1. No person may fish for yellow perch with commercial gear in zone 1 unless the person has a permit for that zone issued by the department under this paragraph.

NR 25.07(2)(b)2. 2. Yellow perch fishing permits and individual licensee catch quotas for zone 1 shall be issued to all applicants:

NR 25.07(2)(b)2.a. a. Holding a valid commercial fishing license issued under s. 29.519, Stats., and

NR 25.07(2)(b)2.b. b. Who reported a commercial harvest of yellow perch legally taken while operating under their commercial fishing license issued under s. 29.519, Stats., from the Wisconsin waters of Green Bay between January 1, 1979 and December 31, 1982, and

NR 25.07(2)(b)2.c. c. Who applied for and received a Green Bay yellow perch fishing permit or a yellow perch fishing permit for zone 1 for the license year preceding the license year for which the permit application is being made.

NR 25.07(2)(b)2.d. d. Any licensee who fails to apply for and receive a permit under this paragraph is not eligible for future yellow perch fishing permits under this paragraph until the provisions of subd. 3. b. are applicable.

NR 25.07(2)(b)3. 3. The individual licensee catch quota issued to each permittee shall be determined as follows:

NR 25.07(2)(b)3.a. a. Each permittee shall receive a percentage of the total allowable annual commercial harvest as established by s. NR 25.06 (2) (b) 1. That percentage shall be calculated by dividing the total commercial harvest of yellow perch from the Wisconsin waters of Green Bay reported under that license during the period from January 1, 1979 through December 31, 1982, by the overall total reported commercial harvest of yellow perch from those waters during that period, and multiplying the result by 100. The resulting percentage shall be rounded off to 2 decimal places or to hundredths of a percent. Any resulting percentage of less than 0.01% shall be considered 0.01% for allocation of an individual licensee catch quota. The individual licensee catch quotas will be allocated in whole pound increments.

NR 25.07 Note Note: If during the base catch period (January, 1979 — December 1982), a permittee reported catching a total of 20,200 pounds of perch and the overall total reported perch harvest was 1,600,000 pounds, that permittee’s individual license catch quota percentage would be 1.26%. If the total allowable annual commercial harvest was set at 100,000 pounds, that permittee’s individual licensee catch quota would be 1,260 pounds.

NR 25.07(2)(b)3.b. b. Any future increase of the total allowable annual commercial harvest as established by s. NR 25.06 (2) (b) 1. that exceeds 521,285 pounds shall be divided equally among all licensed commercial fishers who apply for yellow perch fishing permits, regardless of past yellow perch harvest records.

NR 25.07(2)(b)4. 4. Fishing under permits issued under subd. 2. may be done from any boat listed on the permittee’s commercial fishing license or through the ice.

NR 25.07(2)(bg) (bg) Yellow perch in zone 2.

NR 25.07(2)(bg)1. 1. No person may fish for yellow perch with commercial gear in zone 2 unless the person has a permit for that zone issued by the department under this paragraph.

NR 25.07(2)(bg)2. 2. A yellow perch fishing permit and individual licensee catch quota for zone 2 shall be issued to each applicant who holds a commercial fishing license issued under s. 29.519, Stats., reported a commercial harvest of yellow perch legally taken from zone 2 between January 1, 1983 and December 31, 1987 and, effective July 1, 1990, applied for and received a yellow perch fishing permit for zone 2 for the license year preceding the license year for which the permit application is being made.

NR 25.07(2)(bg)3. 3. Each permittee shall be allowed a total annual harvest or individual licensee catch quota of yellow perch assigned as a percentage of the harvest limit established by s. NR 25.06 (2) (b) 2. Each individual licensee catch quota shall be determined by dividing the total commercial harvest of yellow perch from zone 2 during the period from January 1, 1983 to December 31, 1987, reported under that license by the total reported commercial harvest of yellow perch from zone 2 during that period, and multiplying the result by 100.

NR 25.07(2)(bg)4. 4. In determining individual licensee catch quotas under subd. 3., the resulting percentages shall be rounded off to hundredths of a percent. The individual licensee catch quotas shall be allocated in whole pound increments.