NR 25.10(2)(b)(b) No commercial fishing gear of any kind except entrapping nets authorized by permit issued under sub. (4) for the taking of rough or detrimental fish, perch, whitefish or menominee may be used, set, placed or operated in the waters of Lake Michigan lying south of a line extending from the mid-channel marker buoy of Baileys Harbor on a 135° bearing, and north of a line extending east from the entrance of Kewaunee harbor at N44°27.459′, W87°29.522′ to its intersection with a line that follows the 45 fathom (270 feet) depth contour, then proceeding north along that 45 fathom (270 feet) depth contour to its intersection with 44°32′ north latitude, then proceeding east along 44°32′ north latitude to the Wisconsin-Michigan state line, except as provided under pars. (c), (d), (f) and (g).

NR 25.10(2)(c)(c) No commercial fishing gear of any kind may be used, set, placed or operated in all waters bounded by a line beginning at the outer end of the north pier at Algoma at N44°36.405′, W87°25.769′ and proceeding along the north side of that pier to the shore of Lake Michigan, then proceeding north along the shore to its intersection with 44°52′30″ north latitude, then proceeding east along 44°52′30″ north latitude to its intersection with a line extending from the mid-channel marker buoy of Baileys Harbor on a 135° bearing, then proceeding on a line bearing 135° to its intersection with the Wisconsin-Michigan state line, then proceeding south along the Wisconsin-Michigan state line to its intersection with a line extending east from the outer end of the north pier at Algoma at N44°36.405′, W87°25.769′, then proceeding west along that line to the point of beginning.

NR 25.10(2)(d)(d) Gill nets not to exceed 18 meshes deep only for yellow perch and menominees authorized by permit under sub. (4) may be used in waters of Lake Michigan lying between a line extending east along 44°55′50″ north latitude from the Lake Michigan shoreline and a line extending from the mid-channel marker buoy to Baileys Harbor on a 135° bearing.

NR 25.10(2)(f)(f) No commercial fishing gear of any kind except pound nets authorized by permit under sub. (4) for the taking of whitefish and rough or detrimental species may be used, set, placed or operated in the waters of Lake Michigan in depths less than 45 fathoms (270 feet) deep in the area between a line extending east from the end of the north pier at Algoma at N44°36.405¢, W87°25.769¢ and a line extending east from the entrance of Kewaunee harbor at N44°27.459¢, W87°29.500¢.

NR 25.10(2)(g)(g) Except as provided under par. (a) 2., no commercial fishing gear of any kind may be used, set, placed or operated in any waters within one-half mile of any harbor, pier or breakwater in Green Bay or Lake Michigan.

NR 25.10(2)(h)(h) No commercial fishing gear of any kind may be used, set, placed or operated in any waters within one-half mile of the shoreline of Kenosha, Milwaukee, Ozaukee or Racine county.

NR 25.10(2)(i)(i) No commercial fishing gear of any kind may be used, set, placed or operated in all waters bounded by a line beginning at a point where 43 degrees 7 minutes north latitude and 87 degrees 40 minutes west longitude intersect, northerly to 43 degrees 20 minutes north latitude, easterly to 87 degrees 20 minutes west longitude, northerly to 43 degrees 30 minutes north latitude, easterly to the Wisconsin-Michigan state line, southerly along the Wisconsin-Michigan state line to 43 degrees north latitude, westerly to 87 degrees 14 minutes west longitude, northerly to 43 degrees 3 minutes north latitude, westerly to 87 degrees 18 minutes, southerly to 43 degrees north latitude, westerly to 87 degrees 23 minutes west longitude, northwesterly to 43 degrees 7 minutes north latitude, and westerly to 87 degrees 40 minutes west longitude.

NR 25.10 NoteNote: This closed area encompasses the elevated areas of the lake bed commonly known as the Sheboygan reef, the Northeast reef, the Milwaukee reef, and the East reef and can be further described as the northern third of grid 1903, the northeastern two thirds of grid 1904, all of grid 1905 except a rectangular area along its southern border, all of grids, 1705, 1803, 1804 and 1805, and those portions of grids 1706, 1806 and 1906 in Wisconsin waters as shown on the following map.

NR 25.10(3)(3) Fish refuges-outlying waters. No commercial fishing gear of any kind may be used, set, placed or operated at any time in or on those water areas in Lake Superior, Lake Michigan and Green Bay as described in Ch. NR 26.

NR 25.10(4)(4) Restricted area permits. Permits allowing commercial fishing in restricted areas as described in subs. (1) and (2), or as required in s. NR 25.09 will be issued as follows:

NR 25.10(4)(a)(a) Application criteria and procedure.

NR 25.10(4)(a)2.2. Applications shall be made on forms provided by the department and shall contain all information required by the department on the form, at least one week prior to commencing fishing operations, unless otherwise authorized.

NR 25.10(4)(a)3.3. A permit shall be issued to an applicant meeting the criteria in this paragraph, unless the department denies the application under par. (b) in writing, within 6 business days of receipt of the application.

NR 25.10(4)(b)(b) Denial, revocation or temporary suspension of permits.

NR 25.10(4)(b)1.1. The department may deny, revoke, or temporarily suspend a permit applied for or issued under this subsection in whole or in part, as resource management requires, if one or more of the following conditions exists or are likely to occur:

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.