NR 20.09(1)
(1) Possess or control any bow, spear or similar device while on any water or on the banks or shores of any water that might be used for the purpose of fishing except as specifically authorized in
s. NR 20.20.
NR 20.09(2)
(2) Use, possess or control any bow, spear or similar device from sunset to sunrise while on the waters or on the banks or shores of any waters except that a bow and arrow may be possessed and used for spearing rough fish from sunset to sunrise during the open season for spearing rough fish.
NR 20.09(3)
(3) Spear any game fish except that white bass, yellow bass, rock bass, panfish and bullheads may be speared while skin diving or scuba diving during the open season for rough fish spearing on waters specified in
s. NR 20.20, provided that the season for white bass, yellow bass, rock bass, panfish and bullheads is also open on the same water. Daily bag limits and size restrictions specified in
s. NR 20.20 for white bass, yellow bass, rock bass, panfish and bullheads also apply.
NR 20.09 History
History: Cr.
Register, May, 1999, No. 521, eff. 6-1-99; am. (2),
Register, February, 2000, No. 530, eff. 4-1-00;
CR 01-012: am. (3),
Register November 2001 No. 551, eff. 4-1-02;
CR 02-073: am. (2),
Register January 2003 No. 565, eff. 2-1-03;
CR 04-024: am. (3)
Register December 2004 No. 588, eff. 1-1-05;
CR 09-051: am. (2)
Register June 2010 No. 654, eff. 7-1-10.
NR 20.10
NR 20.10
Special sturgeon spearing restrictions. No person may do any of the following:
NR 20.10(1)
(1) Take, capture, kill or attempt to take, capture or kill sturgeon on Lake Winnebago system waters by any means other than spearing with a spear thrown by hand from inside a fishing shelter placed on the ice during the open season specified in
s. NR 20.20 (73) (e).
NR 20.10(1m)
(1m) Take, capture, kill or attempt to take, capture or kill sturgeon on Lake Winnebago unless the person possesses a current non-validated sturgeon carcass tag for Lake Winnebago.
NR 20.10(1r)
(1r) Take, capture, kill or attempt to take, capture or kill sturgeon on the upriver lakes unless the person possesses a current non-validated sturgeon spearing license and carcass tag for the upriver lakes issued by the department.
NR 20.10(2)
(2) Fish with or possess a fishing pole, hook and line or other similar devices that might be used for the purpose of catching fish within any fishing shelter containing an ice hole larger than 12 inches in diameter or square during the open season for spearing sturgeon on waters specified in
s. NR 20.20 (73) (e).
NR 20.10(3)
(3) Cover ice holes cut, used or maintained for sturgeon spearing pursuant to
s. NR 20.11 (2) with a fishing shelter except during the period from 48 hours before and continuing through the open season for sturgeon spearing.
NR 20.10(3m)
(3m) Use or possess any artificial light in order to illuminate any waters open to sturgeon spearing during the period beginning 48 hours before and continuing through the open season for sturgeon spearing.
NR 20.10(3s)
(3s) Cut, use or maintain ice holes larger than 48 square feet for sturgeon spearing pursuant to
s. NR 20.11 (2).
NR 20.10(4)
(4) Possess a validated sturgeon carcass tag unless it is attached to a legally killed sturgeon.
NR 20.10(5)
(5) Possess a speared sturgeon unless immediately validating the sturgeon carcass tag by slitting the marks designating the month, day, time and location of kill and immediately attaching the validated tag to the sturgeon carcass. Failure to completely validate the sturgeon carcass tag and immediately attach the tag to the sturgeon carcass renders the possession of the sturgeon illegal and the sturgeon carcass tag invalid. A sturgeon carcass tag shall be issued with each sturgeon spearing license and shall remain intact until the spearer spears a sturgeon.
NR 20.10(6)
(6) Transport a sturgeon in any manner from the time the sturgeon is taken to the time it is lawfully registered pursuant to
sub. (10) unless the sturgeon is carried openly exposed and in a manner so that the sturgeon carcass tag attached to the sturgeon cannot be handled or manipulated.
NR 20.10(7)
(7) Possess a speared sturgeon unless the person who spears and tags the sturgeon accompanies the sturgeon carcass during transport until the sturgeon has been registered pursuant to
sub. (10).
NR 20.10(8)
(8) Possess a sturgeon speared from lake Butte des Morts, Poygan or Winneconne under
s. NR 20.20 (73) (e) 2. b. outside the following area unless the sturgeon has been registered pursuant to
sub. (10): from the intersection of highways 45 and 21 in Oshkosh west on highway 21 to highway 116; north on highway 116 to county highway B; west on county highway B to county highway D; west on county highway D to highway 49; north on highway 49 to county highway H; east on county highway H to highway 10; east on highway 10 to highway 110; south on highway 110 to county highway M; south on county highway M to highway 116; east on highway 116 to highway 110; south on highway 110 to highway 45; south on highway 45 to highway 21.
NR 20.10(9)
(9) Possess a sturgeon speared from Lake Winnebago under
s. NR 20.20 (73) (e) 2. c. outside the following area unless the sturgeon has been registered pursuant to
sub. (10): from the intersection of highways 10 and 114 in Menasha, east on highway 114 to highway 55; south on highway 55 to U.S. highway 151; south on U.S. highway 151 to Scott street in Fond du Lac; west on Scott street to highway 45; north on highway 45 to Main street in Oshkosh; north on Main street to Waugoo avenue; east on Waugoo avenue to Bowen street; north on Bowen street to North Shore drive; north on North Shore drive to county highway A; north on county highway A to highway 114 in Neenah; east on highway 114 to the intersection of highways 10 and 114 in Menasha.
NR 20.10(10)
(10) Possess a sturgeon unless each person who has speared a sturgeon during the open season for spearing sturgeon exhibits the sturgeon, with the person's sturgeon carcass tag attached as required by s.
29.237, Stats., to a warden or other authorized department personnel at an official sturgeon registration station. Sturgeon shall be intact and registered at a station on Lake Winnebago if speared in Lake Winnebago. Sturgeon shall be intact and registered at a station on Lake Butte des Morts, Winneconne or Poygan if speared in Lake Butte des Morts, Winneconne or Poygan. Sturgeon shall be exhibited at a sturgeon registration station not later than 1:30 p.m. on the day speared. The registration tag shall remain attached and locked to the sturgeon until the carcass is prepared for final consumption.
NR 20.10(10m)
(10m) Fish for sturgeon during the open season by the method of spearing or possess or control a spear or similar device within a fishing shelter on Lake Winnebago system waters from 12:30 p.m. until 6:30 a.m. of the following day.
NR 20.10(11)
(11) Attempt to register a sturgeon unless the license information can be verified. The station operator shall collect biological information, lock a registration tag to the carcass immediately in front of the tail and remove the validation portion of the sturgeon carcass tag leaving the remainder of the sturgeon carcass tag attached to the sturgeon.
NR 20.10 History
History: Cr.
Register, May, 1999, No. 521, eff. 6-1-99;
CR 01-012: am. (4) to (6), (10) and (11),
Register November 2001 No. 551, eff. 4-1-02;
CR 01-013: cr. (3m) and (3s),
Register November 2001 No. 551, eff. 12-1-01;
CR 02-014: am. (10), cr. (10m),
Register September 2002 No. 561, eff. 10-1-02;
CR 03-014: cr. (1m) and (1r)
Register November 2003 No. 575, eff. 4-1-04;
CR 05-073: am. (1r) and (8)
Register January 2006 No. 601, eff. 3-1-06.
NR 20.105
NR 20.105
Sturgeon spearing licenses. NR 20.105(1)
(1)
Upriver lakes license application procedures. Persons applying to spear sturgeon on the upriver lakes shall apply for an upriver lakes sturgeon spearing license as follows:
NR 20.105(1)(a)
(a)
Application deadlines
. All upriver lakes sturgeon spearing license applications shall be received by the date established by the department to be considered for selection. The annual application deadline date may be no earlier than July 1.
NR 20.105 Note
Note: The department conducts extensive publicity on the application deadlines beginning several months prior to any deadline. Application deadline dates are published in news releases, license outlet handouts, and pertinent regulation pamphlets. Applications may be obtained from any department license vendor. Applications and information may be obtained from the Bureau of Customer Service and Licensing address is 101 South Webster, Box 7924, Madison, WI 53707.
NR 20.105(1)(b)
(b)
Group applications. If a maximum of 4 persons wish to spear sturgeon on the upriver lakes together, each shall first apply for an individual upriver lakes sturgeon spearing license and then complete a group application form. The group application shall be treated as one application for purposes of random selection under the cumulative preference system and consideration for a license. The group's preference standing shall be that of the member with the lowest number of preference points. If the group is selected to receive upriver lakes sturgeon spearing licenses, all members of the group will lose all accumulated preference points.
NR 20.105(1)(c)
(c)
Prohibition of purchase of Lake Winnebago spearing license. No person who applies for an upriver lakes sturgeon spearing license may purchase a Lake Winnebago sturgeon spearing license in the same year, except unsuccessful applicants for an upriver lakes license may purchase a Lake Winnebago sturgeon spearing license after October 1.
NR 20.105(1)(d)
(d)
Applications for upriver lakes. No person may apply for an upriver lakes sturgeon spearing license unless they will become 14 years of age before or on the last day of the upcoming sturgeon spearing season.
NR 20.105(2)(a)(a) If the number of applications for licenses for the upriver lakes sturgeon spearing season exceeds the available quota of licenses, successful applicants shall be randomly selected in accordance with the preference system established under s.
29.192 (4), Stats. No person may purchase an upriver lakes sturgeon spearing license unless they are a successful applicant who has received authorization to purchase from the department.
NR 20.105 Note
Note: Section
29.192, Stats., Regulation of takings of certain wild animals. (4) If the department decides to limit the number of hunters or trappers taking Canada geese, sharp-tailed grouse, fishers, otters, bobcats or sturgeon by issuing permits and if the number of persons seeking the permits exceeds the number of available permits, the department shall issue the permits according to a cumulative preference system established by the department. The department shall give a preference point to each applicant for each previous season for which the applicant applied but was not issued a permit. The system shall establish preference categories for these applicants, with higher priority given to those categories with more points than those with fewer points. Applicants who fail to apply at least once during any 3 consecutive years shall lose all previously accumulated preference points. If the number of applicants within a preference category or a subcategory exceeds the number of permits available in the category or subcategory, the department shall select at random within the category or subcategory the applicants to be issued the permits.
NR 20.105(2)(b)
(b) Upon selection, all successful applicants lose all accumulated preference points regardless of the length of the sturgeon spearing season or whether or not the successful applicant purchases a license. Unsuccessful applicants who subsequently purchase a Lake Winnebago sturgeon spearing license shall retain all accumulated preference points.
NR 20.105(3)(a)(a) The department shall issue a notice of approval to those qualified applicants selected to receive an upriver lakes sturgeon spearing license. A person who receives a notice of approval and who pays the fee in the manner required by the department shall be issued an upriver lakes spearing license.
NR 20.105(3)(b)
(b) Each successful applicant for an upriver lakes sturgeon spearing license shall be issued a carcass tag by the department upon issuance of the license.
NR 20.105(3)(c)
(c) If the number of applications for licenses for an upriver lakes sturgeon spearing season is less than the available quota of licenses, the department may make available the remaining upriver lakes sturgeon spearing licenses to any person who has not purchased either a Lake Winnebago or upriver lakes sturgeon spearing license on a first-come, first-served basis. The issuance of a tag under this paragraph will result in loss of preference points accumulated under the cumulative preference system.
NR 20.105 Note
Note: No person may purchase more than one sturgeon spearing license for the same spearing season according to s.
29.024 (2) (c), Stats.
NR 20.105(4)(a)(a) Licenses and carcass tags issued under
subs. (1) to
(3) are only valid for the upriver lakes sturgeon spearing season.
NR 20.105(4)(b)
(b) Licenses or carcass tags issued under this section may not be transferred to or used by any person other than the licensee.
NR 20.105(5)
(5) Registration. A person who possesses a sturgeon speared from the upriver lakes shall register it at a department registration station pursuant to
s. NR 20.10 (10).
NR 20.105 History
History: CR 05-073: cr.
Register January 2006 No. 601, eff. 3-1-06.
NR 20.11
NR 20.11
Ice fishing and fishing shelter restrictions. NR 20.11(1)(1) No person may construct, place, use, maintain or occupy a fishing shelter on the ice of any waters of this state unless:
NR 20.11(1)(a)
(a) The name and residential address in the English language of the person owning or using the fishing shelter is legibly painted or otherwise affixed on the outside of the fishing shelter with block lettering a minimum of one inch square and in contrasting colors. Fishing shelters that are occupied or otherwise in use are exempt from this requirement.
NR 20.11(1)(b)
(b) The door can be readily opened from the outside while the shelter is occupied.
NR 20.11(1)(c)
(c) The person is actively using the fishing shelter and it is removed from the ice daily and when not in use on the Fox river downstream from the DePere dam, Brown county.
NR 20.11(1)(d)
(d) The fishing shelter is removed from the ice daily and when not in use after the first Sunday following March 1, on inland waters south of highway 64.
NR 20.11(1)(e)
(e) The fishing shelter is removed from the ice daily and when not in use after the first Sunday following March 12, on inland waters north of highway 64 and all other outlying waters.
NR 20.11(2)
(2) No person may cut, use or maintain a hole larger than 12 inches in diameter or square for the taking of fish in any manner through the ice except for spearing fish in Lake Superior, sturgeon spearing, taking fish with dip nets, taking minnows with minnow traps or skin or scuba diving.
NR 20.11(3)
(3) The department or its agents may direct that fishing shelters be removed from the ice by a date earlier than specified in
subs. (1) (d) or
(e) if it has reason to believe that the ice has become unsafe for travel.
NR 20.11 History
History: Cr.
Register, May, 1999, No. 521, eff. 6-1-99;
CR 01-012: am. (1) (a),
Register November 2001 No. 551, eff. 4-1-02;
CR 02-073: am. (1) (a),
Register January 2003 No. 565, eff. 2-1-03;
CR 04-024: am. (1) (e)
Register December 2004 No. 588, eff. 1-1-05;
CR 06-011: am. (1) (d) and (e)
Register September 2006 No. 609, eff. 4-1-07.
NR 20.12
NR 20.12
Setline and set or bank pole restrictions. NR 20.12(1)(1)
General Restrictions. No person may use, set, lift, attend or possess any set or bank pole or setline on any water except the lower Wisconsin river, unless:
NR 20.12(1)(a)
(a) Its use is specifically authorized by a set or bank pole license issued under s.
29.531 (1), Stats., or a setline license issued under s.
29.533 (1), Stats. No person may use, set, lift, attend or possess set or bank pole or setline licensed to another person.
NR 20.12(1)(c)
(c) A white flag at least 10 inches square bearing the number of the license authorizing its use in black figures at least 3 inches high and attached to the top of a flag staff that extends at least 3 feet above the surface of the water or bank is placed and maintained at one end of the setline or within 2 feet of the set or bank pole with a cord attached from the flag staff to the set or bank pole. The flag staff may not exceed 2 1/2 inches in diameter and shall be marked with 2 inch to 6 inch wide alternating horizontal black and white bands. When a buoy is used to hold the setline's flag staff, the buoy shall be cylindrical in shape, 15 inches or less in diameter and marked with 2 inch to 6 inch wide alternating horizontal black and white bands. No person may place a setline flag, flag staff or pole in the main channel of any navigable waterway.
NR 20.12(1)(d)
(d) A metal tag stamped with the number of the license authorizing its use is securely attached directly to the flag staff or pole of each setline or set or bank pole.
NR 20.12(1m)
(1m) Lower Wisconsin river restrictions. No person may use, set, lift, attend or possess any set or bank pole or setline on the lower Wisconsin river unless:
NR 20.12(1m)(a)
(a) Its use is specifically authorized by a set or bank pole license issued under s.
29.531 (1), Stats., or a setline license issued under s.
29.533 (1), Stats. No person may use, set, lift, attend or possess a set or bank pole or setline licensed to another person.
NR 20.12(1m)(c)
(c) A white setline flag at least 10 inches square bearing the number of the license authorizing its use in figures at least 3 inches high and attached to a flag staff that extends at least 3 feet above the surface of the water or bank is placed and maintained at one end of the setline. The flag staff may not exceed 2 1/2 inches in diameter and shall be marked with 2 inch to 6 inch wide alternating horizontal black and white bands. When a buoy is used to hold the setline's flag staff, the buoy shall be cylindrical in shape, 15 inches or less in diameter and marked with 2 inch to 6 inch wide alternating horizontal black and white bands. No person may place a setline flag, flag staff or pole in the main channel of any navigable waterway.
NR 20.12(1m)(d)
(d) A metal tag stamped with the number of the license authorizing its use is securely attached directly to each set or bank pole and to the flag staff of each setline.
NR 20.12(2)
(2) Gear, fishing methods and bait. No person may do any of the following:
NR 20.12(2)(a)
(a) Use, set, lift, attend or possess more than 5 set or bank poles.
NR 20.12(2)(c)
(c) Use, set, lift or attend a set or bank pole equipped with more than one line, which may not have more than 2 hooks.
NR 20.12(2)(d)
(d) Use, set, lift or attend a setline with more than 25 hooks.
NR 20.12(2)(e)
(e) Use, set, lift, attend or possess any set or bank pole or setline between one-half hour after sunset and one-half hour before sunrise.
NR 20.12(2)(f)
(f) Use or set a set or bank pole or setline unless it is lifted and the catch removed at least once each day following the day it was set unless a longer period is authorized by the department or its agents.
NR 20.12(2)(g)
(g) Use, set, lift or attend a set or bank pole or setline while in possession of hook and line fishing equipment.
NR 20.12(2)(h)
(h) Use, set, lift or attend a set or bank pole or setline that is equipped with any hooks that have a gap between the juncture of the barb with the shank measured across to the opposite shank smaller than 3/4 inch except that on the Mississippi river there is no hook size restriction.
NR 20.12(2)(i)
(i) Use whole or live fish as bait on set or bank poles or setlines on Lakes Butte des Morts, Little Butte des Morts, Winnebago and Winneconne, Winnebago county, Lake Poygan, Waushara and Winnebago counties and the Black river, Jackson, LaCrosse and Trempealeau counties.
NR 20.12(2)(j)
(j) Use live crawfish or whole or live fish less than 5 inches in length as bait on set or bank poles or setlines.
NR 20.12(2)(k)
(k) Place, use, set, or fail to remove from state lands or waters of the state any setline, set or bank pole, or part thereof, prior to or following the close of the open season authorizing the use of setlines, set or bank poles in
s. NR 20.20.
NR 20.12(3)(a)(a) No person may take, retain, kill or possess any fish or other animal taken on a set or bank pole or setline other than catfish, rough fish or turtles.
NR 20.12 Note
Note: All game fish taken on any set or bank pole or setline shall be immediately returned to the water except catfish taken in compliance with this section.
NR 20.12(3)(b)
(b) The size, bag and possession limits for catfish and rough fish established in
s. NR 20.20 shall apply to all persons who fish with set or bank poles or setlines.
NR 20.12(4)
(4) Sale of fish. No person may sell any fish taken on a set or bank pole or setline except the following:
NR 20.12(4)(b)
(b) Channel catfish taken from lakes Winnebago, Butte des Morts, Winneconne, Poygan, and the Wolf river from 500 feet below the Shawano dam downstream to its mouth.
NR 20.12 Note
Note: Refer to s.
NR 19.275 for inland turtle regulations.
NR 20.12 History
History: Cr.
Register, May, 1999, No. 521, eff. 6-1-99; am. (1) (intro.), (c) and (d), cr. (1m),
Register, February, 2000, No. 530, eff. 3-1-00; correction in (2) (b) was made under s. 13.93 (2m) (b) 7., Stats;
CR 01-012: am. (2) (h) and (4) (b);
CR 01-013: am. (4) (c),
Register November 2001 No. 551, eff. 4-1-02;
CR 04-024: am. (4) (intro.), r. (4) (b), renum. (4) (c) to be (4) (b)
Register December 2004 No. 588, eff. 1-1-05;
CR 05-015: cr. (2) (k)
Register October 2005 No. 598, eff. 4-1-06;
CR 10-053: am. (2) (b)
Register December 2010 No. 660, eff. 1-1-11.
NR 20.13
NR 20.13
General netting restrictions. No person may do any of the following:
NR 20.13(1)
(1) Possess, control or operate in any manner any net, seine or similar device that might be used for the purposes of fishing at any time while on any water or on the banks or shores of any water except as specifically authorized in this section,
s. NR 20.14 or
20.20.
NR 20.13(2)
(2) Set, use or operate a dip net or seine from sunset to sunrise unless specifically authorized in
s. NR 20.20.
NR 20.13(3)
(3) Set, use or operate more than one dip net.
