NR 25.09(2)(b)1.1. A licensee may use drop nets and fyke nets under all of the following conditions:
NR 25.09(2)(b)1.a.a. A licensee may only use drop nets and fyke nets during the open season for yellow perch, except by permit issued under s. NR 25.10 (4).
NR 25.09(2)(b)1.b.b. The licensee may use up to 30 drop nets or fyke nets in aggregate under each license, as measured by the number of pots or cribs allowed.
NR 25.09(2)(b)1.c.c. The licensee shall lift drop and fyke nets a minimum of once every 72 hours.
NR 25.09(2)(b)2.2. A licensee may use pound nets and trap nets under all of the following conditions:
NR 25.09(2)(b)2.a.a. Only when the pot or crib is set, placed or operated in water not more than 150 feet (25 fathoms) deep, except from June 29 to Labor Day south of a line extending from the Lake Michigan shoreline along 44º52’30” north latitude where the entire net, including the lead, is set, placed or operated in water not more than 150 feet (25 fathoms) or less than 60 feet (10 fathoms) deep.
NR 25.09(2)(b)2.b.b. From the day following Labor Day to June 28, the licensee may use no more than 12 pound nets and trap nets in aggregate under each license, as measured by the number of pots or cribs, except in southern Green Bay as described under s. NR 25.102. From June 29 to Labor Day in the waters of Lake Michigan lying south of a line extending from the Lake Michigan shoreline along 44º52’30” north latitude, the licensee may use no more than 3 pound nets and trap nets in aggregate under each license, as measured by the number of pots or cribs, while north of this line the licensee may use no more than 12 pound nets and trap nets in aggregate under each license.
NR 25.09(2)(b)2.c.c. The licensee shall lift nets under this subdivision a minimum of once every 120 hours.
NR 25.09(2)(b)2.d.d. Each net shall have the fish holding or pot portion rendered inoperable during the closed season for whitefish and shall have the webbing removed from the water within 14 days after the close of the whitefish season.
NR 25.09(2)(b)2.e.e. From June 29 through Labor Day, a licensee may not use pound nets or trap nets in Lake Michigan between 44º52’30” north latitude and 44º08’55” north latitude, between 44º05’33” north latitude and 43º40’50” north latitude, and south of 43º34’39” north latitude. Unless the department has granted an extension of time, the licensee shall remove the webbing of each pound net and each trap net from the water by June 28 and may not reinstall it until the day after Labor Day. If adverse weather conditions or unanticipated equipment problems prevent removal of the webbing by June 28, a licensee may request and the department may grant a brief extension of time sufficient to allow safe removal. See map for details.
NR 25.09(2)(b)2.f.f. The licensee shall mark each pound or trap net with 2 flags, one above the other, on a single staff attached to the inside or shallow lead end of the net, one flag on a staff attached to the pot or lifting buoy, one flag on a staff attached to the anchor at the outward end of the king line, and one float measuring a minimum of 5 inches in diameter attached to the anchor at the outward end of each net wing. All staffs shall be marked with reflective tape. All flags shall measure not less than 9 inches high by 18 inches wide and shall be displayed so that the top edge of the flag is not less than 5 feet above the water, except that the lower of 2 flags on one staff shall be displayed so that the bottom edge is not less than 3 feet above the water. Two flags displayed on one staff shall be separated by not less than 6 inches. All floats and all flags required under this subd. 2. f. except the flag attached to the king line anchor shall be of a highly visible color commonly referred to as hunter orange or blaze orange with a color range between 595 nm and 605 nm. The flag attached to the king line anchor shall be a dark color other than orange. The license number or fleet reporting number of the commercial fishing license holder shall be displayed and maintained in legible, block figures at least 1 inch high on the bowl of the pot or lifting buoy. Flags are not required October 16 through April 14.
NR 25.09(2)(b)2.g.g. A licensee may use pound nets and trap nets for legal fish species in Lake Michigan and Green Bay.
NR 25.09(2)(c)(c)Seines. A licensee may use seines. Seines shall have a mesh size of not less than 3 inch stretch measure and shall be at least 75 feet in length.
NR 25.09(2)(d)1.1. In southern Green Bay north of a line from the southernmost point of Little Tail point to the Green Bay navigation channel entrance light at 87º54′4.176″ west longitude, 44º39′11.088″ north latitude only, a licensee may use trawls only under the following provisions:
NR 25.09(2)(d)1.b.b. A licensee trawling under this subdivision may only use trawls in water more than 65 feet deep.
NR 25.09(2)(d)1.d.d. A licensee trawling under this subdivision shall use diverters with openings no larger than 7/8 inch wide.
NR 25.09(2)(d)2.2. In Lake Michigan, a licensee may use trawls under all of the following conditions:
NR 25.09(2)(d)2.a.a. A licensee may use trawls only in waters 60 feet (10 fathoms) deep or deeper bounded by a line beginning at a point where 44º 30′ north latitude intersects with the Wisconsin shore of Lake Michigan, then proceeding east along 44º 30′ north latitude, to its intersection with 87º 10′ west longitude, then proceeding south along 87º 10′ west longitude to its intersection with 44º 10’ north latitude then proceeding west along 44º 10’ north latitude to its intersection with 87º 20′ west longitude, then proceeding south along 87º 20′ west longitude to its intersection with 43º 50′ north latitude, then proceeding west along 43º 50’ north latitude to its intersection with 87º 40′ west longitude, then proceeding north along 87º 40′ west longitude to its intersection with 44º 00′ north latitude, then proceeding west along 44º 00′ north latitude to the Wisconsin shore of Lake Michigan and then north along the shore to the point of beginning. This area can also be described as all of grids 1105, 1205, 1304, 1403 and 1404, and part of grids 1104, 1204, and 1303. See map for details.
NR 25.09(2)(d)2.b.b. A licensee may use trawls for taking smelt as provided in s. NR 25.06 (2) (c) except chubs may be harvested during the trawling season for smelt, subject to s. NR 25.07 (2) (a), and whitefish may be harvested subject to the requirements in this subdivision and s. NR 25.09 (2m).
NR 25.09(2)(d)2.c.c. Beginning July 1, 1991, when used to harvest smelt in Lake Michigan, diverters with openings no larger than 11/2 inch wide shall be used.
NR 25.09(2)(d)2.d.d. Until October 31, 2025, whitefish may be taken by trawling from December 1 to August 31 from one hour before sunrise to one hour before sunset. Trawls shall consist of a head rope height not greater than 45 meters. The wing mesh shall not be less than 4.5 inches stretch measure. The beginning of the trawl bag where it attaches to the wing shall not be less than 2 inches stretch measure and not greater than 4.5 inches stretch measure and shall have a fishing circle not greater than 250 meshes. The cod end of the trawl bag shall not be less than 4.5 inches stretch measure and shall begin with a fishing circle not greater than 80 meshes. The net shall be composed of twine material capable of remaining open under tension. No trawl may be deployed for longer than one hour per drag, measured from the time the trawl door enters the water until the time the trawl door leaves the water upon retrieval.
NR 25.09(2)(d)2.e.e. Any person taking whitefish using a trawl under this subdivision shall submit commercial fishing reports on whitefish subject to the requirements in s. NR 25.13 (2), and on incidental harvest subject to the requirements in s. NR 25.13 (2) (g).
NR 25.09(2m)(2m)Video surveillance.A licensee taking whitefish using a trawl under sub. (2) (d) 2. shall capture a video record of the on-board activity on any vessel engaged in trawling for whitefish as provided in this subsection. The licensee shall comply with all the video surveillance system requirements in this subsection unless the licensee notifies the department of a system malfunction as described in subd. 3. The video record shall be made by using a video surveillance system that complies with all of the following requirements:
NR 25.09(2m)(a)1.1. The system shall consist of not fewer than two cameras capable of recording video in color and infrared, at not less than 5 frames per second and 470 TV lines resolution. The licensee shall position one camera to clearly capture the area of the vessel in which fish are emptied from the bag of the trawl net, and the licensee shall position one camera to clearly capture the area of the vessel where incidentally caught fish are measured before being returned to the water. Placement of the cameras is subject to all of the following:
NR 25.09(2m)(a)1.a.a. The licensee shall place a measuring board with visible measuring units in inches near the bycatch chute, arranged so that each incidentally caught fish passes across the measuring board in a manner allowing determination of species and length in view of the camera prior to the fish’s return to the water.
NR 25.09(2m)(a)1.b.b. Upon direction from the department, the licensee shall reposition any of the cameras if the activities identified in this paragraph are not visible or are unclear in any video record generated under this section after being viewed by the department under par. (c).
NR 25.09(2m)(a)2.2. The video record generated by the cameras described in subd. 1. shall be recorded on a hard drive that has memory capacity of not less than 1 terabyte and is capable of retaining not less than 30 days of video records generated as required under par. (b), with each frame of the video record stamped with the date and time of capture.
NR 25.09(2m)(a)3.3. The video recording system shall be equipped with an audible alarm warning that indicates system malfunction. If a system malfunction occurs, the licensee shall immediately cease trawling and shall contact the department within 2 hours of returning to the dock. Upon restoration of system functionality, the licensee shall notify the department and shall resume using the system.
NR 25.09(2m)(b)(b) The licensee shall activate the video recording system under par. (a) upon engine ignition each time a vessel is operated for the purpose of taking whitefish with a trawl and shall provide that the video recording system remains in operation until the vessel returns to its dock and the engine is turned off.
NR 25.09(2m)(c)(c) The licensee shall maintain all video records captured under this subsection for 30 days following their recording. The licensee shall provide the video record to the department upon request through a wireless internet transmission or with a removable storage device.
NR 25.09(3)(a)(a) Nets do not have to be lifted on Sunday, except as required by notice issued under s. NR 25.07.
NR 25.09(3)(b)(b) The lifting requirements of this section shall apply except during extreme adverse weather conditions which would place a fisher in danger of serious injury or death.
NR 25.09(3)(c)(c) Upon finding that a net has been lost, stolen or is missing, the owner or operator of the net shall immediately inform the department by notifying a department conservation warden. A net owner or operator who recovers a lost, stolen or missing net shall also immediately notify a department conservation warden of the recovery of the net.
NR 25.09(3)(d)(d) A commercial fisher who is engaged in fleet reporting shall display the fleet reporting number issued by the department on the buoys of all nets operated under the fleet reporting program of s. NR 25.135 in place of the individual commercial fishing license numbers.
NR 25.09(3)(e)1.1. All gill nets in the water and marked with a commercial fishing license number or a fleet reporting number shall count toward the total allowable gill net effort authorized under sub. (1) (am) or the linear feet of nets authorized under sub. (2) (a) 9.
NR 25.09(3)(e)2.2. All entrapment gear in the water and marked with a commercial fishing license number or fleet reporting number shall count toward the total allowable number of nets under subs. (1) (b) 3. and (2) (b) 1. b. and 2. b., whether the pots are open or closed.
NR 25.09(3)(f)(f) After setting, moving, replacing, or recasting a trap net for whitefish in Green Bay or Lake Michigan and before starting for the dock or shore, the licensee, or a member of the licensee’s crew, shall record all of the following in accordance with s. NR 25.13 (2) (at):
NR 25.09(3)(f)1.1. The latitude and longitude at which the pot and lead line buoy of the net are set.
NR 25.09(4)(4)Net mesh measurement.Whenever the size of mesh of any net is specified in this chapter, the size shall be considered stretch measure.
NR 25.09(4)(a)(a) Stretch measure shall be determined by exerting a one pound strain on a mesh knot and measuring the mesh opening immediately above that knot on which the strain is applied from the inside edge of that knot to the inside edge of the knot directly opposite. Measurement shall be made by inserting the measuring device at the uppermost knot in the mesh and reading at the lowermost knot.
NR 25.09(4)(b)(b) The weight and measuring devices to be used under par. (a) shall be tested, approved and certified by the Wisconsin department of agriculture, trade and consumer protection, or other governmental entity authorized to do so.
NR 25.09(4)(c)(c) Measurement shall be made of meshes in a wet condition.
NR 25.09(4)(d)(d) If the majority of 10 or more meshes selected at random by the enforcement officer from any part or parts of the net are found to be illegal, the entire net shall be considered illegal and shall be seized and held subject to the order of the court.
NR 25.09(5)(5)Movement of commercial fishing gear.
NR 25.09(5)(a)(a)Except as provided in par. (bm), whenever any gill net lift, encircling net lift ortrawl drag catches illegal fish of any species in an amount equal to 10% or more by weight or numbers of the total legal catch, the licensee shall immediately remove the net from the water, and may not reset, place, replace, recast, or operate the net during that same day unless:
NR 25.09(5)(a)1.1. All parts of the net are moved a distance of at least 3 miles from that site; or
NR 25.09(5)(a)2.2. Moved to a water depth where no part of the net is within 30 feet (5 fathoms) in depth of the water depth at which the catch of illegal fish was made.
NR 25.09(5)(bm)(bm) When trawling for whitefish from August 1 to 31 pursuant to sub. (2) (d) 2. d., all of the following requirements apply:
NR 25.09(5)(bm)1.1. When a single trawl drag catches illegal fish of any species in an amount equal to 10% or more by weight or numbers of the total legal catch, the licensee shall immediately remove the trawl from the water, and may not reset, replace, recast, or operate any trawl during the same day unless the licensee moves and operates all parts of the trawl a distance of at least 3 miles from that site or to a water depth where no part of the trawl operates within 30 feet (5 fathoms) in depth of the water depth at which the catch of illegal fish was made.
NR 25.09(5)(bm)2.2. Notwithstanding the requirement in subd. 1., when a single trawling vessel catches a daily average of at least 2 lake sturgeon, or a daily average of 10 to 49.9% by weight of incidental catch of illegal fish and any whitefish returned to the water, out of the dressed whitefish reported harvested by weight in a single week from Sunday to Saturday, the licensee may not reset, replace, recast, or operate any trawl during the following week unless the licensee moves and operates all parts of the trawl a distance of at least 6 miles from that site.
NR 25.09(5)(bm)3.3. Notwithstanding the requirements in subds. 1. and 2., when a single trawling vessel catches 3 or more lake sturgeon or catches more than 50% by weight of incidental catch of illegal fish and any whitefish returned to the water out of the dressed whitefish reported harvested by weight in a single day, the licensee shall cease all trawling activities for the following 3 days.
NR 25.09(5)(bm)4.4. The following formula shall be used to determine the percentage of incidental catch of illegal fish out of the reported whitefish harvest for the purposes of subds. 1. to 3.: [((number of whitefish x 1.37) + (number of lake trout and other incidentally caught species x 5.86)) / reported whitefish harvest in pounds] x 100.
NR 25.09 NoteNote: Weights are determined for incidental catch based on average fish weights.
NR 25.09(6)(6)Lake Superior open water permit.The department may issue a permit authorizing the setting of nets from a boat or watercraft in the waters of Lake Superior for specific time periods during the period of January 15 to March 31 if it determines that open water conditions exist and weather forecasts predict that there will be adequate time to recover the nets prior to ice formation.
NR 25.09 NoteNote: See the table of Appellate Court Citations for Wisconsin appellate cases citing s. NR 25.09.
NR 25.10NR 25.10Restricted commercial fishing areas.The following restrictions apply to the use of the specified commercial fishing gear in the indicated areas:
NR 25.10(1)(a)(a)Areas restricted to the taking of rough or detrimental fish and whitefish.No commercial fishing gear of any kind except nets by permit issued under sub. (4) for the taking of rough or detrimental fish, or entrapping nets by permit issued under sub. (4) for the taking of whitefish may be used, set, placed or operated in the following waters:
NR 25.10(1)(a)1.1. Allouez bay, Superior bay, and St. Louis bay, all in Douglas county.
NR 25.10(1)(a)2.2. All waters within one-fourth mile of the mouth of any navigable stream flowing into Lake Superior.
NR 25.10(1)(a)3.3. All waters within one-fourth mile of any harbor, pier or breakwater from April 15 through November 30.
NR 25.10(1)(a)4.4. That portion of Chequamegon bay lying south of a line beginning at the easternmost point of Houghton point in section 27, township 49 north, range 4 west, Bayfield county, then proceeding northeasterly to the signal light on the western end of Long island in section 13, township 48 north, range 4 west, Ashland county, then along the south or west shore of Long island and on across the cut, if present, along the south or west shore of Chequamegon point to where Chequamegon point joins the mainland in section 1 or 12, township 48 north, range 3 west, Ashland county.
NR 25.10(1)(b)(b)Areas restricted to the taking of rough or detrimental fish only.No commercial fishing gear of any kind except nets by permit issued under sub. (4) for the taking of rough or detrimental fish may be used, set, placed or operated in the following waters:
NR 25.10(1)(b)1.1.‘Saxon Harbor.’ All waters bounded by a line beginning at the mouth of Graveyard creek in section 3, township 47 north, range 1 west, extending north to the Gull Island Shoals refuge south boundary as described in s. NR 26.02, then east to the Wisconsin-Michigan state line, then southerly along the state line to the shore at the mouth of the Montreal river in section 7, township 47 north, range 1 east, all in Iron county, except from November 15 through December 15 in water 84 feet (14 fathoms) deep or deeper, when and where gill nets with a mesh size of not less than 2 1/2 inch and not more than 3 inch stretch measure may be used for taking cisco.
NR 25.10(1)(b)2.2.‘Siskiwit Bay.’ That portion of Siskiwit bay lying south of a line extending from Roman (Quarry) point in section 29, township 50 north, range 6 west, to Squaw point in section 22, township 50 north, range 6 west, all in Bayfield county.
NR 25.10(1)(b)3.3.‘Sand Cut.’ All waters bounded by a line beginning at the Chequamegon Point light on the western end of Long island in section 13, township 48 north, range 4 west at 46°43′12″N, 90°48′10″W, then extending northeasterly to the southernmost point of Madeline island in section 6, township 49 north, range 4 west at 46°45′09″N, 90°34′08″W, then due east 2.5 miles to 46°45′11″N 90°44′05″W, then due south 1 mile to 46°44′22″N 90°44′05″W, then due east to 46°44′22″N 90°36′06″W, then due north to 46°45′11″N 90°36′06″W, then due east to the western boundary of Gull Island Shoals refuge as described in s. NR 26.02, then southerly along the refuge boundary to latitude 46°40′00″N at 90°37′15″W, then due west to the mainland shoreline commonly known as Long Island, then northwesterly along the shoreline to the point of beginning, all in Ashland county, except waters within 11/₂ miles of the mainland shoreline in Ashland county. No person may fish with entrapment nets in waters starting at 46°45′11″N 90°44′05″W, then due south 1 mile to 46°44′22″N 90°44′05″W, then due east to 46°44′22″N 90°36′06″W, then due north to 46°45′11″N 90°36′06″W, then due west to the starting coordinates of 46°45′11″N 90°44′05″W.
NR 25.10(1)(b)4.4.‘Iron River to Cranberry River.’ All waters less than 72 feet (12 fathoms) deep lying between a point extending due north from the mouth of the Iron river in section 34, township 50 north, range 9 west, and a line extending due north from the mouth of the Cranberry river at Herbster in section 5, township 50 north, range 7 west, all in Bayfield county except float nets described in s. NR 25.09 (1) (ah) 3. may be fished from October 15 to December 31, a minimum distance of 1/2 mile from shore.
NR 25.10(1)(b)5.5.‘Minnesota boundary to Iron River.’ All waters less than 210 feet (35 fathoms) deep lying between a line extending due north from the mouth of the Iron river in section 34, township 50 north, range 9 west, Bayfield county, and the Wisconsin-Minnesota state line, except all waters more than 90 feet (15 fathoms) deep lying between a line extending due north from the mouth of the Iron river and a line extending due north from the mouth of the Bois Brule river in section 10, township 49 north, range 10 west, Douglas county, where gill nets with a mesh size of 3 inches or less stretch measure may be used from November 15 through December 31.
NR 25.10(1)(b)6.6.‘Cranberry River to Bark Point.’ All waters less than 72 feet (12 fathoms) deep lying between a line extending due north from the mouth of the Cranberry river at Herbster in section 5, township 50 north, range 7 west, and a line extending due north from the northernmost point of Roman (Quarry) point in section 29, township 51 north, range 6 west, all in Bayfield county.
NR 25.10(1)(b)9.9.‘Outer Island.’ Those waters less than 35 fathoms lying north of latitude 46°59′18″N refuge line, in grids 1212, 1312 and east of longitude 90°25′00″W and south of latitude 47°05′00″N in grids 1311 and 1211.
NR 25.10(1)(b)10.10.‘Bark Bay.’ That portion of Bark bay lying southwesterly of a line beginning at Roman (Quarry) point and extending northwesterly to Bark point in section 24, township 51 north, range 7 west, all in Bayfield county, which shall be open for gill nets from April 1 through May 31 and for entrapment nets only from June 1 to September 30.
NR 25.10(1)(c)(c)Van Tassells Point.No commercial fishing gear of any kind except by permit issued under sub. (4) for the taking of whitefish only from June 1 to August 15 may be used, set, placed or operated in the following waters: the area from the easterly most tip of Houghton Point, section 27, township 49 north, range 4 west, Bayfield county, northerly along the shoreline to the entry to the city of Bayfield marina, then easterly to Point Defroid on Madeline island, section 30, township 50 north, range 3 west, Ashland county, then southerly along the western end of the island to the tip of Grants Point, section 6, township 49 north, range 3 west, Ashland county, then southerly to Chequamegon Point on the western tip of Long island, section 13, township 49 north, range 4 west, Ashland county, thence southwesterly to the eastern tip of Houghton Point, except that float nets as described in s. NR 25.09 (1) (ah) 3. may be fished, bottom set gill nets of not less than 4 7/16 inch minimum stretch measure may be fished from November 28 to March 31 of the following year north of latitude 46° 45′00″N at a minimum depth of 19 fathoms, gill nets of not greater than 1 3/4 inch stretch measure may be fished for smelt and cisco under the ice, but must be at least 1/2 mile from the mouth of any trout stream, and entrapment gear for smelt may be allowed by permit from ice out to May 15. Commercial trap nets operated under permits issued under sub. (4) for the restricted area described in this paragraph, but not including the exception for float nets as described in s. NR 25.09 (1) (ah) 3., shall be limited to a maximum of one per commercial fishing license and may not be set within the following waters: the area from 46°44′01″N 90°50′00″ then southeast to 46°43′00″N 90°49′00″W then southwest to 46°42′00″N 90°50′00″W then northwest to 46°43′01″N 90°50′02″W then northeast to 46°44′00″N 90°50′00″W. All commercial fishing gear operated under permits issued under sub. (4) for the restricted area described in this paragraph, but not including the exception for float nets as described in s. NR 25.09 (1) (ah) 3., shall have the fish holding pot portion rendered inoperable after August 15 and shall have the webbing removed from the water on or before August 18.
NR 25.10(1)(d)(d)Shoreline areas.Fishing within these areas is subject to the following restrictions:
NR 25.10(1)(d)1.1.‘Red Cliff shoreline.’ No person may place or operate entrapment nets within 1/₂ mile of shore on the westernmost boundary at 46°55′08″N, 90°59′37″W, extending along the 22.6-mile reservation shoreline to the southernmost boundary at 46°50′45″N, 90°47′17W.
NR 25.10(1)(d)2.2.‘Bad River shoreline.’ No person licensed by the state or the Red Cliff band may commercially fish within an area, the boundary of which begins at 46°43′54″N 90°48′27″W, then northeast in a line to 46°44′16″N 90°48′07″W along the eastern boundary of Van Tassell’s restricted area described in s. NR 25.10 (1) (c), then east to 46°43′27″N 90°45′52″W at a distance of 1/₂ mile from the shoreline, then continuing east at a distance of 1 1/₂ miles from the shoreline to the eastern boundary of the Bad River Reservation. To accommodate a 3/₄-mile safe zone of passage within the Sand Cut Restricted Area, the far northwestern corner of the 1 1/₂-mile-wide portion of Bad River shoreline area is bounded by an arc between the points 46°43′54″N 90°45′26″W and 46°43′51″N 90°44′37″W.
NR 25.10(1)(d)3.3.‘Madeline Island Reservation shoreline.’ No person may place or operate entrapment nets in an area starting at the westernmost corner of the Trust parcel, extending due north 1 1/₂ mile to 46°52′56″N 90°35′22″W and continuing along a 1 1/₂ mile contour of the island to a maximum easterly boundary of 46°50′56″N 90°32′15″W then circling southwest at a maximum southerly boundary of 46°49′27″N 90°34′26″W then due north to the island.
NR 25.10(2)(a)(a) No commercial fishing gear of any kind except nets by permit issued under sub. (4) for the taking of rough or detrimental fish, or entrapping nets by permit issued under sub. (4) for the taking of whitefish may be used, set, placed or operated in the following waters:
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.
