NR 25.027(48) (48) “Trap net” means a device constructed of netting, which may employ wings or wings and leads, directing the movement of fish through a tunnel of netting into inner hearts or built-in forebays wherein they are trapped by their own movement. Such nets may be referred to as shallow trap nets, submarine trap nets or deep water trap nets but shall not include drop nets or fyke nets.

NR 25.027(49) (49) “Trawl” means a large conical bag of netting to which are often attached wings of netting, which is towed in the water and weighted such that its sweep line maintains contact with the bottom throughout the drag, and captures fish by scooping rather than encircling them. The mouth of the bag is normally kept open laterally by 2 large boards, one on each side so rigged that they serve to spread the entire net, and these boards are secured to towing lines running to the vessel or vessels engaged in towing the net through the water.

NR 25.027(50) (50) “Treaty fisher” means an enrolled tribal member of either the Bad River or Red Cliff bands of Chippewa Indians exercising off-reservation commercial fishing rights in Lake Superior recognized by State v. Gurnoe, 53 Wis. 2d 390 (1972).

NR 25.027(51) (51) “Washington Harbor” means that body of water in Door county lying south of a line commencing at the water’s edge on the north line of section 25, township 34 north, range 29 east at N45°24.344′, W86°55.714′, and running in a straight line easterly to the water’s edge on the north line of section 25, same township and range at N45°24.357′, W86°55.014′.

NR 25.027 Note Note: All latitude and longitude coordinates are expressed in degrees and minutes.

NR 25.027(52) (52) “West Harbor” means that body of water in Door county and adjoining water in sections 2, 10 and 11, township 33 north, range 29 east, lying east of a line starting at the most northwesterly point of land in section 10 of township 33 north, range 29 east at N45°21.511′, W86°57.224′, and running in a northerly direction to the most northwesterly point of land in section 2, township 33 north, range 29 east at N45°22.453′, W86°57.077′.

NR 25.027 Note Note: All latitude and longitude coordinates are expressed in degrees and minutes.

NR 25.027(53) (53) “WI-1” and “WI-2” mean Wisconsin Statistical Districts l and 2 as defined in the Lake Trout Management Plan of the Lake Superior Technical Committee of the Great Lakes Fishery Commission. The line between the districts extends due north from the northernmost tip of Bark Point at N46° 53.21′, W91°11.16′ with WI-1 waters to the west and WI-2 waters east to the Michigan border.

NR 25.027(54) (54) “Zone 1” means all waters in southern Green Bay.

NR 25.027(55) (55) “Zone 2” means all waters in northern Green Bay and all Lake Michigan waters north of a line running due east from the eastern shore of Door county along 44° 40′ north latitude to the Wisconsin-Michigan state boundary at N44°40.000′, W86°46.820′.

NR 25.027(56) (56) “Zone 3” means all waters of Lake Michigan south of a line running due east from the eastern shore of Door county along 44º 40′ north latitude to the Wisconsin-Michigan state boundary at N44°40.000′, W86°46.820′.

NR 25.027 History History: CR 23-008: cr. (title), (intro.), renum. (1) to (24) from NR 25.02 (1), (2), (2m), (3m), (4), (5), (8), (9), (9m), (10), (13), (14), (17) to (22), (27), (29), (30), (32), (33) and, as renumbered, am. (3), (8), (24), cr. (25), renum. (26) to (55) from NR 25.02 (35), (37), (38), (40) to (49), (54), (55), (57) to (61), (63) to (72) Register October 2023 No. 814, eff. 11-1-23; correction in (19) made under s. 13.92 (4) (b) 7., Stats., Register October 2023 No. 814.

NR 25.03 NR 25.03 Commercial fishing licenses.

NR 25.03(1) (1) Lake Superior.

NR 25.03(1)(a) (a)

NR 25.03(1)(a)1. 1. Not more than 10, subject to subd. 2., licenses authorizing commercial fishing in Lake Superior may be issued for each license year except that this section does not apply to licenses for fishing only for the harvest of rough fish from outlying waters under permit or contract issued under s. 29.417 or 29.421, Stats.

NR 25.03(1)(a)2. 2. Notwithstanding the total number of licenses established in subd. 1., the department may issue up to 21 licenses authorizing commercial fishing in Lake Superior if required by the terms of cooperative agreements between the department and persons licensed during the 1995-1996 license year.

NR 25.03(1)(a)3. 3. A person may hold more than one license under s. 29.519 (1m), Stats., for commercial fishing on Lake Superior, if the person meets the criteria of par. (b) for each license separately.

NR 25.03 Note Note: The Wisconsin Attorney General and the Department of Natural Resources interpret LeClair et al. v. Natural Resources Board and DNR, 168 Wis. 2d 227 (Ct. App. 1992), (review denied June 2, 1992) and prior cases to hold that commercial fishing licenses and quotas do not establish property rights and are subject to the full regulatory authority of the state. By voluntarily withdrawing from the commercial fishery in conjunction with the creation of this subdivision and the amendment of ss. NR 25.03 (1) (a) and 25.06 (1) (a) 2., (effective February 1, 1997), participating commercial fishers acknowledge this interpretation and agree to cooperate in reducing the size of the commercial fishery while enhancing the lake trout fishery of Lake Superior.

NR 25.03(1)(b) (b) Applications for licenses authorizing commercial fishing on Lake Superior which have been filed in accordance with sub. (3) shall be reviewed, and approved or denied, pursuant to the following criteria:

NR 25.03(1)(b)1. 1. The applicant shall show proof of a $5,000 investment in commercial fishing equipment not to include vehicles other than those directly employed in operating nets.

NR 25.03(1)(b)2. 2. Any applicant failing to meet the criteria of this paragraph will not be eligible to reapply for a license until the application period for the succeeding license year.

NR 25.03(1)(c) (c) Licenses shall be issued according to the following priorities to applicants otherwise qualified under par. (b):

NR 25.03(1)(c)1. 1. First to individuals who have been licensed commercial fishers on Lake Superior during the preceding license year and who are applying for renewal of that license.

NR 25.03(1)(c)2. 2. Next to individuals who were not licensed the preceding license year, but who had been licensed commercial fishers on Lake Superior for at least 2 years.

NR 25.03(1)(c)3. 3. Next to individuals who worked as a licensed crew member on Lake Superior under s. 29.519 (4) (a), Stats., for at least 2 years.

NR 25.03(1)(c)4. 4. Next to other Wisconsin residents and nonresidents residing in states allowing Wisconsin residents similar privileges.

NR 25.03(1)(c)5. 5. When the number of qualified applicants for licenses exceed the number of licenses available and those applicants are not affected by the priorities established in subds. 1. to 4., the licenses shall be awarded on the basis of random selection from all eligible applications.

NR 25.03(1)(d) (d) The Lake Superior commercial fishing board shall review applications for licenses and recommend approval or denial of licenses to the department no later than one month before the end of the license year preceding the license year for which application is being made.