Chapter NR 25

NR 25.10(4)(b)1.f. f. Presence of protected or endangered plants or animals as listed in ch. NR 27.

NR 25.10(4)(b)1.g. g. Mortality of illegal fish resulting from capture in commercial fishing gear greater than or likely to be greater than 10% of the weight or number of the legal catch.

NR 25.10(4)(b)2. 2. The department shall give notice of a denial, suspension, or revocation pursuant to provisions of s. 227.51 (3), Stats. Any telephonic notice of suspension shall be promptly confirmed in writing.

NR 25.10(4)(b)3. 3. Any suspension exceeding 7 days shall be reviewed and approved by the department’s district director, or their designee, within the first 6 business days of the suspension period. Any revocation, or suspension in excess of 25 days, shall be reviewed by the office of the secretary, or its designee, with opportunity for the permittee to be heard. The revocation or suspension shall be reviewed within 10 business days of receipt of the permittee’s request for opportunity to be heard. A permittee is not required to request to be heard by the office of the secretary prior to seeking judicial review.

NR 25.10 Note Note: District directors are now known as regional directors.

NR 25.10(4)(b)4. 4. A denial, suspension, or revocation of a permit under this paragraph shall not bar an otherwise qualified applicant from applying for permits for other locations.

NR 25.10 History History: Cr. Register, September, 1976, No. 249, eff. 10-1-76; renum. from NR 25.12, Register, October, 1979, No. 286, eff. 11-1-79; r. and recr. Register, June, 1984, No. 342, eff. 7-1-84; renum. from NR 25.09 and am. (4) (intro.) and (5) (b) 1.b., Register, January, 1985, No. 349, eff. 2-1-85; emerg. am. (1) (b) 1. and 3., eff. 4-22-86; am. (1) (b) 1. and 3., Register, October, 1986, No. 370, eff. 11-1-86; am. (2) (a) 2. and (b), r. (2) (a) 3., renum. (2) (a) 4. to 10. to be 3. to 9., r. and recr. (2) (c), cr. (2) (d) to (h) and (4) (b) 1.g., Register, June, 1989, No. 402, eff. 7-1-89; am (1) (b) 4. and 6., r. (1) (b) 7., cr. (1) (b) 9. and (c), Register, June, 1997, No. 1997, No. 498, eff. 7-1-97; cr. (2) (i), Register, December, 1998, No. 516, eff. 4-1-99; CR 01-115: am. (2) (b), r. (2) (e), Register February 2002 No. 554, eff. 3-1-02; CR 05-115: am. (1) (b) 9. Register July 2006 No. 607, eff. 8-1-06; CR 08-060: am. (1) (b) 3., 8., (c), (2) (a) 6. to 8., (b), (c) and (f) Register June 2009 No. 642, eff. 7-1-09; CR 13-082: am. (1) (c) Register May 2014 No. 701, eff. 6-1-14; CR 15-023: am. (1) (b) 1., 3., 8., (3) Register December 2015 No. 720, eff. 1-1-16; EmR1804: emerg. r. (1) (b) 8., eff. 2-6-18; CR 17-071: r. (1) (b) 8., Register June 2018 No. 750 eff. 7-1-18; correction in (1) (b) 4., (c) made under s. 35.17, Stats., Register March 2020 No. 771; EmR1923: am. (1) (b) 1., cr. (1) (b) 2. (title), am. (1) (b) 3., 4., cr. (1) (b) 5. (title), am. (1) (b) 6., 9., cr. (1) (b) 10., am. (1) (c), cr. (1) (d), eff. 12-30-19; CR 19-103: am. (1) (b) 1., cr. (1) (b) 2. (title), am. (1) (b) 3., 4., cr. (1) (b) 5. (title), am. (1) (b) 6., 9., cr. (1) (b) 10., am. (1) (c), cr. (1) (d) Register July 2020 No. 775, eff. 8-1-20; create (1) (a) (title), (b) (title), (d) (title) under s. 13.92 (4) (b) 2., Stats., and correction in (1) (d) 2. made under s. 35.17, Stats., Register July 2020 No. 775; CR 23-008: am. (1) (a) 1., (2) (a) 5., (f), (4) (a) 2. Register October 2023 No. 814, eff. 11-1-23.

NR 25.102 NR 25.102 Commercial fishing in southern Green Bay. For commercial fishers fishing for whitefish in that portion of southern Green Bay south of the line at 44o 50′ N latitude, commonly known as grids 901, 902 and 1001, all of the following requirements apply:

NR 25.102(1) (1) Each commercial fisher may set, use, or operate no more than one trap net per license at a time.

NR 25.102(2) (2) The commercial fisher shall notify the department through the phone number, email address or other method specified by the department no later than 4 p.m. the day prior to lifting a trap net. The notification shall include the license number and name of the licensee, name and location of net to be lifted, departure location, date of departure, and time of departure.

NR 25.102(3) (3) The commercial fisher or a member of the commercial fisher’s crew shall report the number of incidentally caught fish of each species through the electronic fish reporting system, in accordance with s. NR 25.13.

NR 25.102 History History: CR 21-099: cr. Register July 2022 No. 799, eff. 8-1-22.

NR 25.105 NR 25.105 Exemptions. Notwithstanding the provisions of this chapter:

NR 25.105(1) (1) From June 1 through March 31, treaty fishers using boats less than 18 feet in length may harvest perch and walleye from the waters of Chequamegon Bay within one mile of the mainland shoreline in Ashland county between the easternmost boundary of the Bad River reservation on Chequamegon Point and a line extending due north from the westernmost boundary of the Bad River reservation as authorized by the department. Only one authorized boat may fish in this area at a time.

NR 25.105(2) (2) From ice out to the Friday before Memorial day, treaty fishers may fish for whitefish and harvest 1,462 incidentally-caught lake trout in those waters defined in s. NR 25.10 (1) (b) 1. The 1,462 lake trout harvested in this area shall be allocated as part of the quota defined in s. NR 25.06 (1) (a) Table. The department may require distinctive tags for this harvest.

NR 25.105(3) (3) Red Cliff treaty fishers may harvest 5,000 pounds (round weight) of walleye annually within the restricted areas west of Bark Point and east of a point one mile west of Port Wing.

NR 25.105 History History: Cr. Register, October, 1986, No. 370, eff. 11-1-86; emerg. cr. (3), eff. 3-10-87; cr. (3), Register, December, 1987, No. 384, eff. 1-1-88; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register February 2021 No. 782.

NR 25.11 NR 25.11 Handling of illegal fish. All illegal fish taken during commercial fishing operations on the outlying waters shall be immediately returned to the water, except that a department employee on board a vessel or otherwise accompanying fishers engaged in such commercial fishing operations may retain illegal fish taken.

NR 25.11 History History: Cr. Register, September, 1976, No. 249, eff. 10-1-76; r. and recr. Register, October, 1979, No. 286, eff. 11-1-79; renum. from NR 25.10, Register, January, 1985, No. 349, eff. 2-1-85.

NR 25.12 NR 25.12 Processing of fish.

NR 25.12(1) (1) It shall be unlawful for any person operating any fishing boat or boats or any other conveyance on the outlying waters to carry or transport on board such boat or boats or any other conveyance used at any time in the transportation of fish or fishing gear, any instrument or device by which fish can be ground up or so mutilated that identification of the species and measurement of the individual fish are impossible.

NR 25.12(2) (2) It shall be unlawful for any person operating on the outlying waters to have in possession or under control on such waters or to bring to shore any fish ground up or so mutilated that identification and measurement of the individual fish are impossible.

NR 25.12 History History: Renum. from NR 25.13 (3) (a) and (b), Register, October, 1979, No. 286, eff. 11-1-79; renum. from NR 25.11, Register, January, 1985, No. 349, eff. 2-1-85.

NR 25.13 NR 25.13 Commercial fishing reports.

NR 25.13(2) (2) Electronic reporting.

NR 25.13(2)(ad) (ad) A person required to be licensed under s. 29.519 (1m), Stats., to conduct commercial fishing operations on Lake Michigan, Green Bay, or Lake Superior, or fishing as a treaty fisher, shall submit a daily fishing report to the department by means of the electronic fish reporting system that includes all of the following:

NR 25.13(2)(ad)1. 1. The licensee’s name, address, license number or fleet reporting number.

NR 25.13(2)(ad)2. 2. The date.

NR 25.13(2)(ad)3. 3. The name and number of the boat fished.

NR 25.13(2)(ad)4. 4. The licensee’s fishing location and depth.

NR 25.13(2)(ad)5. 5. The licensee’s fishing effort.

NR 25.13(2)(ad)6. 6. The gear used.

NR 25.13(2)(ad)7. 7. The estimated pounds of each fish species harvested for each fishing trip, excluding estimated pounds of lake trout taken in Lake Superior.

NR 25.13(2)(ad)8. 8. The number of lake trout taken in Lake Superior.

NR 25.13(2)(ad)9. 9. The weighed pounds of harvest.

NR 25.13(2)(ad)10. 10. The weighed catch by species for commercial fish.

NR 25.13(2)(ad)11. 11. The number of incidentally caught fish of the species and waters that the department annually specifies.

NR 25.13(2)(ad)12. 12. All other information called for on the report form.

NR 25.13(2)(ah) (ah) A licensee shall report all fishing activities for the day under par. (ad) before 11:59 p.m. of each day during which the licensee engages in on-water fishing activity. Reports shall be submitted in the English language on electronic forms provided for this purpose by the department and include such information as may be deemed necessary by the department for management of the fishery and to prevent depletion of the fish supply. Except as provided under par. (c), the daily report shall be submitted using an electronic communication device operated by the licensee or a licensee’s crew member. The daily fishing report, which may include a record of the report on an electronic communication device, shall accompany the fish to the dock or shore and be made available to a department representative upon request.

NR 25.13(2)(ap) (ap) The department shall issue unique login credentials to the licensee and, upon request of the licensee, to any licensee crew member in order to access the electronic fish reporting system and submit reports. A person shall only enter or submit a record into the electronic fish reporting system using their own department issued login credentials.

NR 25.13(2)(at) (at) The licensee or member of the licensee’s crew may submit the report in any of the following ways:

NR 25.13(2)(at)1. 1. By direct input through an electronic communication device to the electronic fish reporting system after completing the last net lift of the day but before starting for the dock or shore, and no later than 11:59 p.m. that same day.

NR 25.13(2)(at)2. 2. By recording all required information on a daily paper report form supplied by the department after completing the last net lift of the day but before starting for the dock or shore, then submitting this information through an electronic communication device to the electronic fish reporting system no later than 11:59 p.m. that same day.

NR 25.13 Note Note: Pursuant to s. 29.519 (4) (d), Stats., the licensee is responsible for all acts of crew members conducting commercial fishing activities for the licensee.

NR 25.13(2)(b) (b) Reports submitted using the electronic fish reporting system are considered approved by the licensee upon submittal.

NR 25.13(2)(c) (c) If the electronic communication device malfunctions or is unable to connect to the electronic fish reporting system, the licensee or a licensee’s crew member shall complete a paper copy of the report for that day after completing the last net lift of the day but before starting for the dock or shore, and before 11:59 p.m. the same day. The paper copy of the fishing report shall accompany the fish to dock or shore. After each trip’s information has been recorded, the report may not be transported for the rest of the day in such a way that it can be altered except to record information pertaining to additional fishing trips taken that day. Upon reestablishing the functionality of the electronic communication device or reestablishing connection with the electronic fish reporting system, the licensee or licensee’s crew member shall enter the daily fishing activity information and information from any paper reports completed under this paragraph and shall submit them electronically to the department. The paper copy of the report shall be retained as part of the licensee’s records required under s. 29.519 (5) (dm), Stats., and made available to a department representative upon request.

NR 25.13 Note Note: Pursuant to s. 29.519 (6), Stats., all records of commercial fishing activity are subject to inspection upon request of a duly authorized department representative. This includes electronic records on a portable electronic communication device.

NR 25.13 Note Note: Paper report forms are provided by the department to each licensee at the beginning of the license year. Additional forms may be obtained by writing: DNR, 110 South Neenah Avenue, Sturgeon Bay, WI 54235.

NR 25.13(2)(e) (e) Except for reporting trawl fish harvest under par. (g), when the landed catch cannot be weighed by the end of the day, the licensee or crew member shall note in the comment box of the report form submitted under this section that the landed catch cannot be weighed and reported until the next business day. The licensee or crew member shall then weigh the landed catch the next business day and report the weight by fish species and other information required by the department on the form of the electronic fish reporting system before 11:59 pm of that day.

NR 25.13(2)(f) (f) In addition to the other requirements in this subsection, each person required to be licensed under s. 29.519 (1m), Stats., to conduct commercial whitefish fishing operations on Lake Michigan or Green Bay, or a member of the licensee’s crew, shall report the name of the lifted trap net pursuant to s. NR 25.09 (3) (f) to the department after lifting the trap net and before starting for the dock or shore through the electronic fish reporting system in accordance with par. (at).

NR 25.13(2)(g) (g) When fishing with trawls in Lake Michigan or Green Bay, the following electronic reporting requirements also apply:

NR 25.13(2)(g)1. 1. After the last lift of the trip and prior to returning to dock or port, a licensee or crew member fishing by trawl shall record the estimated pounds of each fish species harvested by zone as provided under par. (f).

NR 25.13(2)(g)2. 2. Before 11:59 p.m. each day, the licensee or a crew member fishing by trawl on the waters of Green Bay shall report to the department the landed pounds of smelt and pounds of incidental catch.

NR 25.13(2)(g)3. 3. A licensee or crew member fishing by trawl on the waters of Lake Michigan other than Green Bay, within 24 hours of landing the catch on all days except non-work days and days immediately preceding non-work days, shall electronically report to the department the landed pounds of chubs and roe intended for human consumption, pounds of smelt, and pounds of incidental catch. When trawl caught fish are landed on days that immediately precede non-work days and on non-work days, the commercial fisher or crew member shall report the landed catch within 48 hours of the estimated catch entry.

NR 25.13(2)(h) (h) Unless otherwise authorized in writing by the department, no licensee, crew member, agent, wholesale fish dealer, or other person may transport, cause to be transported, deliver, receive, or offer to deliver or receive for transportation to a location outside of Wisconsin, any fish or fish parts taken from outlying waters unless the fish have been reported as part of a weighed catch as required under this section.

NR 25.13(6) (6) Fish intended for human consumption. The weight in pounds of any fish that in whole or in part is ultimately used for or intended for human consumption shall be reported as part of the commercial fisher’s individual catch quota harvest or chub zone permit harvest by the commercial fisher who caught it.

NR 25.13(7) (7) Disposition records. Each commercial fisher shall maintain a printed disposition record in the English language of all fish harvested by the commercial fisher as required by s. 29.519 (5) (a) and (c), Stats., that includes all of the following:

NR 25.13(7)(a) (a) The complete name, address and commercial fishing license number of the commercial fisher.

NR 25.13(7)(b) (b) For each wholesale sale, each retail sale over 15 pounds and each donation over 15 pounds: the complete name, address and wholesale fish dealer license number, if any, of the buyer or recipient; the weight in pounds of each species of fish; condition of the fish and the date of each sale or donation.

NR 25.13(7)(c) (c) For each retail sale of 15 pounds or less and donation of 15 pounds or less, the condition of the fish, weight in pounds of each species of fish and the date of each sale or donation.

NR 25.13(7)(d) (d) For fish spoiled or otherwise destroyed or utilized, the condition of the fish, weight in pounds of each species of fish and the date of disposal or utilization.

NR 25.13(8) (8) Unrecorded or unreported fish. No person may possess, control, transport or cause to be transported any fish which has not been recorded or reported as required under ss. 29.503 and 29.519, Stats., and this chapter.

NR 25.13(9) (9) Annual inventory.

NR 25.13(9)(a) (a) Each commercial fisher required to be licensed under s. 29.519 (1m), Stats., shall complete an annual inventory of fish in possession, ownership or under control, including fish in cold storage facilities, and report that inventory to the department within 15 days of completion as required under s. 29.519 (5m), Stats. The inventory report shall be on forms available from the department and shall include the species, condition and weight in pounds of fish, the location of the fish by street address, date of the inventory, the commercial fishing license number or fleet reporting number, signature of the licensee and any other information required on the inventory report form.

NR 25.13(9)(b) (b) Each commercial fisher shall complete the inventory required by par. (a) and submit the inventory report to the department. The commercial fisher shall designate the month and day in which annual inventory reports will be submitted. The licensee shall thereafter complete the annual inventory within 10 working days preceding that designated month and day.

NR 25.13(9)(c) (c) Within 30 days after the transfer of a commercial fishing license, the transferee shall complete an inventory of fish and submit an inventory report as required under par. (a). At the time the inventory report is submitted, the transferee shall designate and advise the department of the month and day on which the transferee will subsequently submit the annual inventory report. The transferee shall thereafter complete the annual inventory within 10 working days preceding that designated month and day.

NR 25.13(9)(d) (d) Upon written request to the department, a licensed commercial fisher may request a change in the date of the designated annual inventory report submittal. The effective date for the change may not be more than 15 months from the previous designated inventory report submittal date. A change in the annual inventory report submittal date may not be requested more than once per 12 months.

NR 25.13(9)(e) (e) A commercial fisher who does not possess, own or control any Great Lakes fish or sturgeon on the date of the annual inventory shall submit the inventory report to the department as required by pars. (a) and (b) indicating that the commercial fisher does not have any Great Lakes fish or sturgeon in possession, ownership or under control, including in cold storage facilities on the date of the inventory.

NR 25.13(10) (10) High value species. In addition to the reporting requirements contained under sub. (2), when fishing for a high value species, each commercial fisher or designated crew member shall file a float plan each day prior to the start of the day’s fishing activity by calling a department designated telephone number.

NR 25.13(11) (11) Enhanced reporting. In addition to the reporting requirements contained under sub. (2), any person convicted of 2 or more violations of s. 29.503 or 29.519, Stats., or this chapter is subject to the enhanced reporting requirements of this section in addition to any court-ordered penalties, at the following levels:

NR 25.13(11)(a) (a) For conviction of harvesting more than 1,000 pounds of fish in excess of the person’s annual quota, failing to report more than 2,000 pounds of catch during a 12-month period, fishing during the closed season, or possessing 200 pounds or more of fish in violation of ch. 29, Stats., or this chapter, the commercial fisher or designated crew member shall file a float plan each day prior to the start of the day’s fishing activity by calling a department designated telephone number.

NR 25.13(11)(b) (b) For 3 or more violations of s. 29.503 or 29.519, Stats., or this chapter within a 36-month period, the commercial fisher or designated crew member shall file a float plan each day prior to the start of the day’s fishing activity by calling a department designated telephone number.

NR 25.13(11)(c) (c) For more than 5 violations of s. 29.503 or 29.519, Stats., or this chapter within a 36-month period or 3 or more violations of s. 29.503 or 29.519, Stats., or this chapter within a 12-month period, in addition to the requirements of par. (b), upon returning to the dock, the commercial fisher or crew member shall weigh the catch not more than 30 minutes after landing and prior to loading or moving the fish from the dock or landing site, and enter and save the species and weight in pounds of the fish in a paper biweekly report form or the electronic fish reporting system. If the actual weight in pounds of the fish is saved in a paper biweekly report form or the electronic fish reporting system prior to returning to shore, the commercial fisher or crew member is exempt from this paragraph.

NR 25.13(11)(d) (d) In the event that the weight of the fish cannot be entered or saved due to mechanical failure or other problems associated with the electronic communication device:

NR 25.13(11)(d)1. 1. The commercial fisher or crew member shall immediately notify the department of the problem and verbally provide the date, time, licensee’s name, commercial fishing license number or fleet reporting number, boat name, zone of fishing and the weight in pounds of fish by species by calling a department designated telephone number.

NR 25.13(11)(d)2. 2. If the commercial fisher or crew member is unable to reach the department designated telephone number, the commercial fisher or crew member shall immediately complete a report on a paper form available from the department upon weighing the fish, but before loading the fish for transport. The report shall include the date, licensee’s name, commercial fishing number or fleet reporting number, boat name, zone of fishing and the weight in pounds of the fish by species and grid, and the signature of the individual completing the report. The report shall be presented to a department representative upon request and shall be retained as part of the commercial fisher’s records under s. 29.519 (5), Stats.

NR 25.13(11)(d)3. 3. Upon reestablishing the functionality of the electronic reporting unit, the licensee shall enter the weighed catch and other requested daily fishing activity data for the date and submit it electronically to the department as required under sub. (2) (c).

NR 25.13(11)(e) (e) A commercial fisher shall remain under the enhanced reporting requirements of this subsection for a period of 24 months from the date of conviction of the offense triggering this subsection.

NR 25.13 History History: Cr. Register, September, 1976, No. 249, eff. 10-1-76; renum. from NR 25.14 and am. Register, October, 1979, No. 286, eff. 11-1-79; renum. from NR 25.12, Register, January, 1985, No. 349, eff. 2-1-85; am. (2), cr. (3), Register, June, 1989, No. 402, eff. 7-1-89; am. (3) (intro.) and (b), Register, August, 1991, No. 428, eff. 9-1-91; am (2), Register, March, 1992, No. 435, eff. 4-1-92; CR 08-060: cr. (1) (title), (3) (title), (4) to (11), am. (2), (3) (intro.) to (b) Register June 2009 No. 642, eff. 7-1-09; corrections in (4) and (5) (c) 4. made under s. 13.92 (4) (b) 2. and 7., Stats., Register June 2009 No. 642; CR 15-074: r. and recr. (1), (2), r. (3) to (5), am. (9) (b), (11) (c), (d) (intro.) Register May 2016 No. 725, eff. 6-1-16; corrections in (10), (11) (intro.), (d) 3. made under s. 13.92 (4) (b) 7., Stats., Register May 2016 No. 725, eff. 6-1-16; EmR1627: emerg. cr. (1) (d), eff. 10-1-16; CR 16-061: cr. (1) (d) Register September 2017 No. 741, eff. 10-1-17; EmR1923: am. (1) (a), r. (2) (d), eff. 12-30-19; CR 19-103: am. (1) (a), r. (2) (d) Register July 2020 No. 775, eff. 8-1-20; EmR2114: emerg. am. (2) (intro.), (f) 1., cr. (2) (fm), eff. 5-21-21; CR 21-099: r. (1), renum. (2) (intro.) to (2) (ad) (intro.) and (ah) and am., cr. (2) (ad) 1. to 12., renum. (2) (a) to (2) (ap) and am., cr. (2) (at), am. (2) (c), (e), r. and recr. (2) (f), am. (10), (11) (intro.) Register July 2022 No. 799, eff. 8-1-22.

NR 25.13 Note Note: See the table of Appellate Court Citations for Wisconsin appellate cases citing s. NR 25.13.

NR 25.135 NR 25.135 Fleet reporting programs.

NR 25.135(1) (1) Fleet reporting for Lake Superior.

NR 25.135(1)(a) (a) The department may authorize a person who holds more than one license under s. 29.519 (1m) (a), Stats., and s. NR 25.03 (1) (a) 3. for commercial fishing on Lake Superior to participate in a fleet reporting program involving those licenses if the person applies for fleet reporting on a form available from the department in accordance with s. NR 25.03 (3) prior to the start of the license year.

NR 25.135(1)(a)1. 1. The application shall include the person’s name, commercial fishing license numbers, descriptions of the boats to be included in the fleet reporting program, and the order of the licenses to which the person’s daily reported catch will be credited.

NR 25.135(1)(a)2. 2. All commercial fishing licenses held by the person shall be included in the fleet reporting program.

NR 25.135(1)(b) (b) The allowable gill net effort authorized under s. NR 25.09 (1) (am) and the number of nets authorized under s. NR 25.09 (1) (b) 3. for any license included in a person’s fleet reporting program may be used for commercial fishing operations under the other licenses included in that person’s fleet reporting program.

NR 25.135(2) (2) Fleet reporting for Lake Michigan.

NR 25.135(2)(a) (a) The department may authorize a person who holds more than one license under s. 29.519 (1m) (a), Stats., and s. NR 25.03 (2) (am) for commercial fishing on Lake Michigan to participate in a fleet reporting program involving those licenses if it determines that all of the following conditions are met:

NR 25.135(2)(a)1. 1. The person applies for fleet reporting on a form available from the department in accordance with s. NR 25.03 (3) prior to the start of the license year and the application includes all of the following: