Chapter NR 25

NR 25.07(2)(e)3. 3. Each permittee shall be allowed a total annual harvest or individual licensee catch quota of whitefish assigned as a percentage of the harvest limit established by s. NR 25.06 (2) (d) 2. Each individual licensee catch quota shall be determined by dividing the total whitefish commercial harvest from zone 2 during the period from January 1, 1980 to December 31, 1988 reported under that license by the total reported commercial harvest of whitefish from zone 2 during that period, and multiplying the result by 100.

NR 25.07(2)(e)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.

NR 25.07(2)(e)5. 5. Licensees with an individual licensee catch quota issued under this paragraph may fish for whitefish in either the Green Bay waters of zone 2, the Lake Michigan waters of zone 2, or both. Licensees shall cease fishing for whitefish in either the Green Bay waters of zone 2, the Lake Michigan waters of zone 2, or both as follows:

NR 25.07(2)(e)5.a. a. When the whitefish total allowable commercial harvest in Green Bay as established under s. NR 25.06 (2) (e) 2. a. less the zone 1 allowable harvest set under s. NR 25.06 (2) (e) 2. b. has been reported caught, the department shall notify licensees to cease fishing for whitefish in Green Bay waters of zone 2, except that all whitefish nets in the water shall be lifted or rendered inoperable under s. NR 25.09 (2) (a) 10. or (b) 2. and the legal fish may be harvested.

NR 25.07(2)(e)5.b. b. When the whitefish total allowable commercial harvest in Lake Michigan as established under s. NR 25.06 (2) (e) 2. a. less the zone 3 allowable harvest set under s. NR 25.06 (2) (e) 2. b. has been reported caught, the department shall notify licensees to cease fishing for whitefish in Lake Michigan waters of zone 2, except that all whitefish nets in the water shall be lifted or rendered inoperable under s. NR 25.09 (2) (a) 10. or (b) 2. and the legal fish may be harvested.

NR 25.07(2)(f) (f) Whitefish in zone 3.

NR 25.07(2)(f)1. 1. No person may fish for whitefish with commercial gear in zone 3 unless the person has a permit for that zone issued by the department under this paragraph.

NR 25.07(2)(f)2. 2. A whitefish fishing permit and individual licensee catch quota for zone 3 shall be issued to each applicant who:

NR 25.07(2)(f)2.a. a. Holds a commercial fishing license issued under s. 29.519, Stats.,

NR 25.07(2)(f)2.b. b. Effective July 1, 1990, applied for and received a whitefish fishing permit for zone 3 for the license year preceding the license year for which the permit application is being made; and

NR 25.07(2)(f)2.c. c. Reported a commercial harvest of whitefish legally taken from zone 3 between January 1, 1984 and June 30, 1989.

NR 25.07(2)(f)3. 3. Each permittee shall be allowed a total annual harvest or individual licensee catch quota of whitefish assigned as a percentage of the harvest limit established by s. NR 25.06 (2) (d) 2. Each individual licensee catch quota shall be determined by dividing the total whitefish commercial harvest from zone 3 during the period from January 1, 1984 to June 30, 1989 reported under that license by the total reported commercial harvest of whitefish from zone 3 during that period, and multiplying the result by 100.

NR 25.07(2)(f)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.

NR 25.07(2)(g) (g) Smelt.

NR 25.07(2)(g)1. 1. No person may fish for smelt with commercial gear in Lake Michigan or Green Bay unless the person is authorized to do so by a permit issued by the department under subd. 2. or 5., and the person complies with the terms and conditions of the permit, this chapter and s. 29.519, Stats.

NR 25.07(2)(g)2. 2. A “racehorse” smelt fishery permit for Lake Michigan and Green Bay shall be issued to each applicant who holds a valid commercial fishing license issued under s. 29.519, Stats. Licensees who hold a permit under both this subdivision and subd. 5. may not fish in the “racehorse” smelt fishery until all individual licensee catch quotas issued under subd. 5. have been reported caught. Trawl gear may not be used to harvest smelt in the “racehorse” smelt fishery except by licensees who hold a permit under both this subdivision and subd. 5.

NR 25.07(2)(g)3. 3. Permittees under subd. 2. may harvest smelt from either Green Bay or Lake Michigan, or both, but shall cease fishing for smelt in Green Bay and in Lake Michigan, respectively, when notified by the department. Notwithstanding s. NR 25.06 (2) (c) 2m., the department shall notify all “racehorse” smelt fishery permittees to cease fishing in Green Bay or Lake Michigan upon receipt of information that 85% of the smelt allocated under subd. 4. for the “racehorse” fishery for Green Bay or Lake Michigan, respectively, has been caught, 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)(g)4. 4. The portion of the total annual Green Bay smelt harvest limit set in s. NR 25.06 (2) (c) 2m., allocated to the Green Bay“racehorse” smelt fishery for licensees holding permits issued under subd. 2. is X pounds, where X = (A) (B) (D) (E), and the portion of the total annual Lake Michigan and Green Bay smelt harvest limit set in s. NR 25.06 (2) (c) 1m., allocated to the Lake Michigan “racehorse” smelt fishery, excluding Green Bay, by licensees holding permits issued under subd. 2. is Y pounds, where Y = (A) (C) (D) (E). In these equations,

A = the total annual Lake Michigan and Green Bay smelt harvest limit, in pounds, set in s. NR 25.06 (2) (c) 1m.;

B = 35.19932%;

C = 64.80067%;

D = in any license year, the total number of Lake Michigan commercial fishing licensees minus the number of licensees issued quota smelt fishery permits under subd. 5.; and

E = .0004241

NR 25.07(2)(g)5. 5. A quota smelt fishery permit and individual licensee catch quota for Lake Michigan and Green Bay shall be issued to each applicant who holds a valid commercial fishing license issued under s. 29.519, Stats., and reported a commercial harvest by trawls of smelt legally taken from the Wisconsin waters of Green Bay or Lake Michigan between July 1, 1991 and June 30, 1992:

NR 25.07(2)(g)5.a. a. Individual licensee catch quotas issued under this subdivision shall comprise the remaining portion of the total allowable annual commercial harvest limits set for Green Bay and for Lake Michigan and Green Bay in s. NR 25.06 (2) (c) 2m., after subtraction of the pounds of smelt required for the Green Bay and Lake Michigan “racehorse” smelt fisheries established under subd. 2.

NR 25.07(2)(g)5.b. b. Two separate individual licensee catch quotas, expressed as percentages of the poundages calculated under subd. 5., shall be calculated for each permittee subject to this subdivision. The first percentage shall be calculated by dividing the total commercial harvest of smelt reported lawfully harvested from the Wisconsin waters of Green Bay under each license during the period of July 1, 1991 through June 30, 1992 by the overall total reported commercial harvest of smelt from Green Bay during that period, and multiplying the result by 100. The second percentage shall be calculated by dividing the total commercial harvest of smelt reported lawfully harvested from the Wisconsin waters of Lake Michigan, excluding Green Bay, under each license during the period of July 1, 1991 through June 30, 1992 by the overall total reported commercial harvest of smelt from Lake Michigan during that period, and multiplying the result by 100. The resulting percentages shall be rounded off to 2 decimal places or to hundredths of a percent. The individual licensee catch quotas shall be allocated in whole pound increments.

NR 25.07(2)(g)5.c. c. A quota smelt fishery permittee who receives an individual licensee catch quota for Green Bay may take all or part of the Green Bay quota from either Green Bay or Lake Michigan, but no quota smelt fishery permittee who receives an individual licensee catch quota for Lake Michigan may take any portion of the Lake Michigan quota from Green Bay.

NR 25.07(3) (3) Application.

NR 25.07(3)(a) (a) Applications for individual licensee catch quotas and fishing permits under this section 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.

NR 25.07(3)(b) (b) 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 individual licensee catch quotas and fishing permits may not be acted upon by the department but shall be returned to the applicant.

NR 25.07(3)(c) (c) The applications shall be reviewed by the department and approved or denied no later than 15 days before the license year for which application is being made.

NR 25.07(3)(d) (d) Applicants for Lake Michigan chub fishing permits and individual licensee catch quotas under sub. (2) (a) and (am) shall select and designate on their applications the northern chub fishing zone, the southern chub fishing zone or both zones as the waters they wish to fish chubs in.

NR 25.07(4) (4) Assessment quota. Fish harvested under contract for the department for assessment purposes may not be considered part of nor deducted from an individual licensee catch quota.

NR 25.07(5) (5) Period of validity. Individual licensee catch quotas and fishing permits determined and issued in accordance with this section shall be issued on a license year basis. They shall be valid only during the open season for the species of fish subject to the harvest quota and only while the quota holder or permittee holds a valid license authorizing commercial fishing in the waters to which the quota applies.

NR 25.07(6) (6) Reinstatement of quota rights. If the commercial fishing license of a quota holder is revoked under s. 29.519, Stats., the right to that quota and ranking, if any, shall be reinstated upon reinstatement of the revoked license and upon proper application.

NR 25.07(7) (7) Reallocation of surplus total allowable commercial harvest. If the number of eligible permittees is inadequate to utilize a total allowable commercial harvest established by s. NR 25.06 (2) (a) 3., (b), (c), (d) or (e) and allocated under sub. (2) (am) 1., (b), (bg), (br), (c), (d), (e), (f) or (g) 5., the surplus shall be divided permanently among the remaining eligible permittees based on the percentage calculated for each permittee under sub. (2) (am) 1., (b), (bg), (br), (c), (d), (e), (f) or (g) 5., respectively.

NR 25.07 History History: Cr. Register, September, 1976, No. 249, eff. 10-1-76; emerg. r. and recr. and cr. (2) (a) 1. eff. 5-16-79; r. and recr. Register, October, 1979, No. 286, eff. 11-1-79; r. and recr. (2) (a) 1., Register, June, 1981, No. 306, eff. 7-1-81; emerg. am. (1) (a), eff. 7-1-81; am. (1) (a), Register, August, 1981, No. 308, eff. 9-1-81; emerg. cr. (2) (a) 1. b. 6), eff. 1-2-82; am. (2) (a) (intro.) Register, April, 1982, No. 316, eff. 5-1-82; emerg. am. (2) (a) 1.b. and c., eff. 7-1-82; am. (2) (a) 1.b. and c. and (3), Register, September, 1982, No. 321, eff. 10-1-82; cr. (2) (a) 1.b.6), Register, February, 1983, No. 326, eff. 3-1-83; am. (1) and (2), Register, April, 1983, No. 328, eff. 5-1-83; r. and recr. (2) (a) 2., (2) (b) and (3), r. (2) (a) 4. and 5., renum. (2) (a) 3. to be (2) (a) 4. and am., cr. (2) (a) 3., Register, June, 1983, No. 330, eff. 7-1-83; am. (1) (b) 1., (2) (b) 2. c. and 5., cr. (2) (b) 1. c. and d., Register, June, 1984, No. 342, eff. 7-1-84; am. (2) (a) 1. b. and 2. a., renum. (2) (a) 3. c. to be 3. d., cr. (2) (a) 3. c., Register, July, 1984, No. 343, eff. 8-1-84; am. (2) (a) 2., intro. and b., 3. intro. and d., r. and recr. (3) to (6), Register, January, 1985, No. 349, eff. 2-1-85; emerg. am. (2) (a) 3. b. 2), eff. 3-15-85; am. (2) (a) 3. c., renum. (2) (a) 3. d. to be 3. e., cr. (2) (a) 3. d., Register, May, 1985, No. 353, eff. 6-1-85; am. (1) (a), Register, June, 1985, No. 354, eff. 7-1-85; am. (2) (a) 3. b. 2), Register, July, 1985, No. 355, eff. 8-1-85; am. (2) (a) 2. a., Register, August, 1985, No. 356, eff. 9-1-85; am. (1) (d), Register, February, 1986, No. 362, eff. 3-1-86; emerg. am. (2) (a) 3. d., eff. 5-5-86; am. (2) (a) 2. a. and b., r. (2) (a) 2. c., Register, October, 1986, No. 370, eff. 11-1-86; r. and recr. (2) (a) 3. d., Register, December, 1986, No. 372, eff. 1-1-87; cr. (2) (c), Register, January, 1988, No. 385, eff. 2-1-88; am. (2) (a) 3. b., Register, July, 1988, No. 391, eff. 8-1-88; r. (2) (a) 3. d. 3), am. (2) (a) 1. and 3. intro., cr. (2) (a) 1m., r. and recr. (2) (a) 2. a., Register, January, 1989, No. 397, eff. 7-1-89, except (2) (a) 3. d. 3), eff. 2-1-89; r. (2) (a) 4., (b) 4. and (c) 5., am. (2) (b) 5., Register, June, 1989, No. 402, eff. 7-1-89; emerg. renum. (2) (b) 1. to 3. to be 2. to 4. and am. 2. intro., c. and d., 3. c. and 4., cr. (2) (b) 1., (bg) and (d) to (g), eff. 7-1-89; renum. (2) (b) 1. to 3. to be 2. to 4. and am. (2) (b) 2. intro., c. and d., 3. c. and 4., cr. (2) (b) 1., (bg), (br) and (d) to (g), Register, October, 1989, No. 406, eff. 11-1-89; emerg. r. (2) (b) 5. and (c), renum. (2) (d) to (g) to be (2) (c) to (f), am. (3) (a) and (b), eff. 4-1-91; r. (2) (b) 5. and (c), renum. (2) (d) to (g) to be (2) (c) to (f), am. (3) (a) and (b), Register, August, 1991, No. 428, eff. 9-1-91; r. (2) (a) 3. b. 2) and c., (b) 3. b., (bg) 4. and (br) 4., am. (2) (a) 3. d., renum. (2) (a) 3. e., (b) 3. c., (bg) 5. and (br) 5. to be (2) (a) 3. f., (b) 3. b., (bg) 4. and (br) 4., cr. (2) (a) 3. e. and (7), Register, November, 1991, No. 431, eff. 12-1-91; am. (2) (a) 2. a., Register, March, 1992, No. 435, eff. 4-1-92; reprinted to correct error in (2) (a) 2. a., Register, May, 1993, No. 449; am. (1) (a) 2., Register, November, 1993, No. 455, eff. 12-1-93; correction in (2) (a) 2. b. and 3. f. made under s. 13.93 (2m) (b) 7., Stats., Register, November, 1993, No. 455; r. and recr. (2) (a) 1. and 1m., am. (3) (d), Register, March, 1994, No. 459, eff. 7-1-94; am. (2) (a) 2. a., b., Register, February, 1995, No. 470, eff. 3-1-95; cr. (2) (g), am. (7), Register, October, 1995, No. 478, eff. 11-15-95; corrections in (2) and (3) (d) made under s. 13.93 (2m) (b) 1. and 7., Stats., Register, February, 1996, No. 482; am. (2) (a) 2. a., Register, April, 1997, No. 496, eff. 5-1-97; corrections in (7) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1997, No. 496; am. (1) (intro.), (2) (intro.), (b) 1.c, (bg) 2. and (br) 2, Register, July, 1999, No. 523, eff. 8-1-99; CR 09-016: am. (2) (a) 2. (intro.) and (3) (a) to (c), cr. (2) (a) 3. Register January 2010 No. 649, eff. 2-1-10; corrections in (2) (a) 2. (intro.) and 3. made under s. 13.92 (4) (b) 1., Stats., Register January 2010 No. 649; CR 13-001: r. (2) (a) 2., am. (2) (b) 2.c., (bg) 2., (br) 2., r. (2) (g) 5. d., am. (3) (c) Register August 2013 No. 692, eff. 9-1-13; EmR1627: emerg. cr. (1) (b), eff. 10-1-16; CR 16-061: cr. (1) (b) Register September 2017 No. 741, eff. 10-1-17; renum. (1) (b) 1. to (1) (b) 1m. under s. 13.92 (4) (b) 1., Stats., and corrections in (2) (g) 3., 4., 5. a. made under s. 13.92 (4) (b) 1., Stats., Register April 2020 No. 772; correction in (1) (a) 1. made under s. 13.92 (4) (b) 7., Stats., Register February 2021 No.782; EmR2120: emerg. am. (1) (b) (title), eff. CR 21-024: am. (1) (b) (title) Register October 2021 No. 790, eff. 11-1-21; CR 21-099: cr. (2) (e) 5. Register July 2022 No. 799, eff. 8-1-22.

NR 25.07 Note Note: See the table of Appellate Court Citations for Wisconsin appellate cases citing s. NR 25.07.

NR 25.08 NR 25.08 Transfer of individual licensee catch quotas. Individual licensee catch quotas allotted under s. NR 25.07 (1) (a) or (b) or (2) (am) 1., (b), (bg), (br), (c), (d), (e), or (f) may be transferred by the licensee receiving the quota allocation to another valid licensee authorized to engage in commercial fishing in the waters to which the quota applies, who meets all criteria for receiving such a quota other than previous fishing history, subject to the conditions stated in this section.

NR 25.08(1) (1) Application for individual licensee catch quota transfers shall be made on forms provided by the department.

NR 25.08(2) (2) All or part of an individual licensee catch quota allotted under s. NR 25.07 (1) (a) or (2) (am) 1., (b), (bg), (br), (c), (d), (e) or (f) may be permanently or temporarily transferred by the quota holder.

NR 25.08(2m) (2m) A northern chub fishing zone permit issued under s. NR 25.07 (2) (a) 1., may be permanently transferred by the permit holder only in conjunction with the transfer of the permit holder’s valid license authorizing commercial fishing in the outlying waters under s. NR 25.04.

NR 25.08(2t) (2t) 

NR 25.08(2t)(a) (a) All or part of an individual licensee catch quota allotted under s. NR 25.07 (2) (g) 5., may be temporarily or permanently transferred by the licensee receiving the quota allocation to another licensee who also holds a valid quota smelt fishery permit and individual licensee catch quota issued under s. NR 25.07 (2) (g) 5.

NR 25.08(2t)(b) (b) A quota smelt fishery permit and individual licensee catch quota allotted under s. NR 25.07 (2) (g) 5., may be transferred by the licensee receiving the permit and catch quota to a person who does not also hold a valid quota smelt fishery permit and individual licensee catch quota issued under s. NR 25.07 (2) (g) 5., only in conjunction with the transfer of the permit holder’s valid license authorizing commercial fishing in the outlying waters under s. NR 25.04.

NR 25.08(3) (3) A licensee may designate on the application for their individual licensee catch quota a person to whom the licensee wishes that quota 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 shall meet the criteria under this section for the transfer to occur.

NR 25.08(3)(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 quota. The offer shall be made by the department in the following order:

NR 25.08(3)(a)1. 1. Spouse;

NR 25.08(3)(a)2. 2. Children, eldest first, then in order of age;

NR 25.08(3)(a)3. 3. Parents;

NR 25.08(3)(a)4. 4. Siblings, eldest first, then in order of age.

NR 25.08(3)(b) (b)

NR 25.08(3)(b)1. 1. If a prospective transferee under this subsection is not eligible under the criteria of s. 29.519, Stats., and this chapter to receive a Lake Superior quota at the time it is offered, but he or she could become eligible within 2 years, the department shall offer the quota to the person. If the person accepts the quota within 30 days of the offer, the person shall have until 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 quota 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 quota to the next prospective transferee under this subsection, if any exist.

NR 25.08(3)(b)2. 2. If a prospective transferee under this subsection is not eligible under the criteria of s. 29.519, Stats., and this chapter to receive a Lake Michigan quota at the time it is offered, but he or she could become eligible within 2 years, the department shall offer the quota to the person. If the person accepts the quota within 30 days of the offer, the person shall have until 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 quota 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 quota to the next prospective transferee under this subsection, if any exist.

NR 25.08(3)(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 25.08(3)(d) (d) The provisions of this subsection shall apply to quotas granted for license year July 1, 1983 to June 30, 1984 and subsequent license years.

NR 25.08(4) (4) Individual licensee catch quotas may not be transferred if the quota holder or the recipient are charged with a violation of outlying waters commercial fishing laws under which conviction could cause revocation or suspension of their respective commercial fishing license. This subsection shall apply from issuance of the citation or complaint until the matter is adjudicated or dismissed.

NR 25.08(5) (5) Individual licensee catch quota transfers shall be reviewed and approved or denied by the department. Such review and approval or denial shall occur within 20 business days after receipt by the department of a complete transfer request. The department shall notify the appropriate commercial fishing board of any transfer denial.

NR 25.08 History History: Cr. Register, January, 1985, No. 349, eff. 2-1-85; emerg. am. (intro.), eff. 7-1-89, am. (intro.), Register, October, 1989, No. 406, eff. 11-1-89; am. (intro.) and (2), cr. (2m), Register, November, 1991, No. 431, eff. 12-1-91; am. (2), Register, November, 1993, No. 455, eff. 12-1-93; am. (2m) and (5), Register, March, 1994, No. 459, eff. 4-1-94; am. (intro.) and (2), cr. (2t), Register, October, 1995, No. 478, eff. 11-15-95; correction in (intro.) and (2) made under s. 13.93 (2m) (b) 7., Stats., Register, February, 1996, No. 482; r. and recr. (3) (b) and cr. (3) (b) 2., Register, June, 1997, No. 498, eff. 7-1-97; am. (5), Register, July, 1999, No. 523, eff. 8-1-99; correction in (2t) made under s. 13.93 (2m) (b) 1., Stats., Register, July, 1999, No. 523, eff. 8-1-99; EmR1627: emerg. am. (intro.), eff. 10-1-16; CR 16-061: am. (intro.) Register September 2017 No. 741, eff. 10-1-17; correction in (intro.) made under s. 35.17, Stats., Register September 2017 No. 741.

NR 25.08 Note Note: See the table of Appellate Court Citations for Wisconsin appellate cases citing s. NR 25.08.

NR 25.09 NR 25.09 Commercial fishing gear. Licensed commercial fishers and treaty fishers conducting commercial fishing operations may only use the following gear subject to the conditions stated in this section and in the areas designated:

NR 25.09(1) (1) Lake Superior.

NR 25.09(1)(ad) (ad) Gill nets - 1 3/4 inch. The licensee may use gill nets with a mesh size of not more than 13/4 inch stretch measure.

NR 25.09(1)(ah) (ah) Gill nets - 2 3/8 inch. The licensee may use gill nets with a mesh size of not less than 23/8 inch and not more than 3 inch stretch measure under the following conditions:

NR 25.09(1)(ah)1. 1. From January 16 to November 9, the licensee may use gill nets of this size stretch measure only when the bottom lead or maître cord, line, or rope is on the lake bottom, only when the depth of water at that location is 12 to 60 feet (2 to 10 fathoms) deep or 210 to 330 feet (35 to 55 fathoms) deep, and only when the number of meshes does not exceed 35 meshes in depth.

NR 25.09(1)(ah)2. 2. From November 10 to January 15, the licensee may use gill nets of this size stretch measure only when the bottom lead or maître cord, line, or rope is on the lake bottom, only when the depth of water at that location is 60 to 330 feet (10 to 55 fathoms) deep, and only when the number of meshes does not exceed 35 meshes in depth.

NR 25.09(1)(ah)3. 3. At any time of year, the licensee may use gill nets of this size stretch measure, provided that the bottom maitre cord or lead line is at least 6 feet (1 fathom) above the lake bottom and the top maitre cord or float line is at least 12 feet (2 fathoms) below the surface of the water, and that the number of meshes does not exceed 60 meshes in depth.

NR 25.09(1)(am) (am) Gill nets - 4 7/16 inch. The licensee may set gill nets with a mesh size of not less than 47/16 inch stretch measure under all of the following conditions:

NR 25.09(1)(am)1. 1. The licensee may set gill nets with 47/16 inch stretch measure not exceeding 36 meshes in depth and only when set on the bottom of the lake.

NR 25.09(1)(am)2. 2. In addition to the requirement in subd. 1., the licensee may set gill nets with 47/16 inch stretch measure not exceeding 36 meshes in depth in waters less than 330 feet (55 fathoms) deep only from November 28 through September 30.

NR 25.09(1)(am)3. 3. In addition to the requirements in subds. 1. and 2., in water less than 330 feet (55 fathoms) deep, the total maximum feet of gill net with mesh size equal to 47/16 inch and greater that the licensee may set shall be determined by the department according to this subdivision based on CPE in order to ensure that total allowable state and tribal annual lake trout harvest quotas and individual fishers’ harvest quotas are not exceeded.

NR 25.09(1)(am)3.a. a. The lake trout open season under s. NR 25.05 is divided into 3 periods. The department shall determine CPE and determine the total maximum feet of gill net with mesh size equal to 47/16 inch and greater which may be set by all licensees during each of the following 3 periods:

period 1: November 28 through March 31;

period 2: April 1 through May 31;

period 3: June 1 through September 30.

NR 25.09(1)(am)3.b. b. CPE for each period shall be determined from department-monitored state and tribal net lifts occurring during each period.

NR 25.09(1)(am)3.d. d. The 3-year average CPEs shall be calculated by the department as the average of the monitored CPEs for the corresponding periods of the preceding 3 lake trout open seasons using data from department-monitored net lifts.

NR 25.09(1)(am)3.e. e. No commercial fisher may set more than his or her allowable gill net effort during each period of the lake trout open season. The department shall use the following formula to determine each commercial fisher’s allowable gill net effort in feet of net:

period 1 allowable gill net effort:

Individual Lake Trout Quota x 1000
Period 1 CPE

period 2 allowable gill net effort:

[Unused Effort Period 1][Period 1 CPE]
Period 2 CPE

period 3 allowable gill net effort:

[Unused Effort Period 2][Period 2 CPE]
Period 3 CPE

NR 25.09(1)(am)3.f. f. The department shall make available allowable gill net effort limitations for period 1 by November 1 of each year. If a commercial fisher’s allowable gill net effort has not been used by the end of period 1 or 2 and is reported by the commercial fisher according to s. NR 25.13, the remaining balance of allowable gill net effort in feet of net shall be carried over to succeeding periods within the lake trout open season but not carried over to the next lake trout open season. The department shall determine gill net effort limitations for periods 2 and 3 within 5 working days after the start of periods 2 and 3 using remaining allowable gill net effort reported according to s. NR 25.13.

NR 25.09(1)(am)3.g. g. The department shall calculate the allowable gill net effort for the overall state commercial and tribal effort in the same manner as described in subd. 3. e., except that the state or tribal lake trout quota shall be used instead of the fisher’s individual quota.

NR 25.09(1)(am)4. 4. Upon use of all tags issued for lake trout to the licensee under s. NR 25.07 (1) (a), or upon use of the total number of feet of gill net permitted to be set in any time period under subd. 3., a licensee may not set gill nets with a mesh size of 47/16 inch stretch measure in water less than 330 feet (55 fathoms) deep for the remainder of the lake trout open season.

NR 25.09(1)(am)5. 5. The licensee using the gill net shall tag the gill net with an informational tag, supplied by the department, on the buoy staff above the water line. Each tag shall state the time and date upon which the gill net was set, the length of the gang of nets, the license number or fleet reporting number and the licensee’s initials.

NR 25.09(1)(am)6. 6. The licensee may not set or place gill nets in the waters of Lake Superior from a boat or watercraft from January 15 through March 31, except as authorized by the department in a permit issued under sub. (6).