NR 25.02 Note
Note: All latitude and longitude coordinates are expressed in degrees and minutes.
NR 25.02(70)
(70) "Zone 1" means all waters in southern Green Bay.
NR 25.02(71)
(71) "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 44º 40‵ north latitude to the Wisconsin-Michigan state boundary at N44°40.000‵, W86°46.820‵.
NR 25.02(72)
(72) "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 25.02 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. (6) to (18) to be (7) to (19), (19) to (21) to be (22) to (24), (22) to be (21), cr. (6) and (20),
Register, April, 1983, No. 328, eff. 5-1-83; renum. (8) to (14) to be (10) to (16), (15) to be (18), (16) to (18) to be (20) to (22), (19) to (24) to be (24) to (29), cr. (8), (9), (17), (19) and (23),
Register, April, 1983, No. 328, eff. 5-1-83; renum. (16) to (29) to be (17) to (30), cr. (16),
Register, June, 1985, No. 354, eff. 7-1-85; am. (20),
Register, August, 1985, No. 356, eff. 9-1-85; renum. (16) to (30) to be (15) to (31) and cr. (16),
Register, February, 1986, No. 362, eff. 3-1-86; emerg. cr. (32), eff. 4-22-86; emerg. cr. (23f), (23l), (23r), (23x), (27f), (27l), (27r), and (27k), eff. 5-5-86; cr. (12m), (12t), (16m), (23m) and (32),
Register, October, 1986, No. 370, eff. 11-1-86; cr. (28m),
Register, December, 1986, No. 372, eff. 1-1-87; cr. (7g), (7n), (23g), (33) to (35), am. (14), (21) and (25),
Register, June, 1989, No. 402, eff. 7-1-89; emerg. r. (12m) and (28m), eff. 4-1-91; r. (12m) and (28m),
Register, August, 1991, No. 428, eff. 9-1-91; am. (21),
Register, April, 1997, No. 496, eff. 5-1-97; am. (25),
Register, December, 1998, No. 516, eff. 1-1-99; am. (25),
Register, December, 2000, No. 540, eff. 1-1-01; correction in (19) made under s. 13.93 (2m) (b) 7., Stats.,
Register July 2006 No. 607; reprinted to correct error in (35)
Register February 2007 No. 614; correction in (16) made under s. 13.93 (2m) (b) 7., Stats.,
Register February 2007 No. 614;
CR 08-060: am.
Register June 2009 No. 642, eff. 7-1-09; correction in (44) made under s. 13.92 (4) (b) 7., Stats.,
Register June 2009 No. 642;
CR 09-016: am. (39)
Register January 2010 No. 649, eff. 2-1-10.
NR 25.02 Note
Note: See the table of Appellate Court Citations for Wisconsin appellate cases citing s.
NR 25.02.
NR 25.03
NR 25.03
Commercial fishing licenses. 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. Except as provided in
subd. 3. or
4., for the license years beginning January 1, 2012 and thereafter, the applicant or, where the applicant obtained the license by transfer, the transferor and applicant jointly shall have reported a minimum commercial harvest during the previous license year of at least 5,000 pounds or X pounds, whichever is less, where X = 20 times the lesser of the average reported daily harvest of commercial fish taken by gill nets or the average reported daily harvest of commercial fish taken by trap nets by all licensed commercial fishers on Lake Superior during the 12 months preceding 2 months before the end of the license year preceding the license year for which application is being made.
NR 25.03(1)(b)3.
3. Notwithstanding
subd. 2., for the license year immediately following a reduction in the harvest limit of any commercial fish species, the minimum commercial harvest required for licensing shall, for each applicant, be reduced by an amount equal to that applicant's reported harvest of that species for the license year before the harvest limit was reduced or, where the applicant obtained the license by transfer, the transferor's and applicant's combined reported harvest, of that species for the license year before the harvest limit was reduced.
NR 25.03(1)(b)4.
4. Neither
subd. 2. or
3. applies if the department determines that unavoidable circumstances prevented the applicant or the transferor from complying with
subd. 2. or
3. Examples of unavoidable circumstances may include but are not limited to serious injury to or illness of the applicant or an immediate family member, sudden unavailability of qualified crew members, mechanical breakdown of or structural damage to the applicant's vessel, and extended or recurring bad weather.
NR 25.03(1)(b)5.
5. 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)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.
NR 25.03(2)(a)(a) No more than 65 licenses authorizing commercial fishing in Lake Michigan may be issued for each license year. This section does not apply to licenses for fishing only for the harvest of rough fish from outlying waters under a permit or contract issued under s.
29.417 or
29.421, Stats.
NR 25.03(2)(am)
(am) A person may hold more than one license under s.
29.519 (1m), Stats., for commercial fishing on Lake Michigan, if the person meets the criteria of
par. (b) for each license separately.
NR 25.03(2)(b)
(b) Applications for licenses authorizing commercial fishing in Lake Michigan which have been filed in accordance with
sub. (3) shall be reviewed and approved or denied pursuant to the following criteria:
NR 25.03(2)(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(2)(b)2.
2. Except as provided in
subd. 3. or
4., the applicant or, where the applicant obtained the license by transfer, the transferor and applicant jointly shall have reported a minimum commercial harvest during the previous license year of either of the following:
NR 25.03(2)(b)2.a.
a. Smelt of at least 147,870 or X1 total pounds, whichever is less, from zone 1, or 76,770 or X3 total pounds, whichever is less, from zone 3, where X1 and X3 = 30 times the average reported total daily harvest of smelt taken by trawls from zone 1 or 3, respectively, by all licensed commercial fishers during the 12 month period preceding 2 months before the end of the license year preceding the license year for which application is being made.
NR 25.03(2)(b)2.b.
b. Commercial fish other than smelt of at least 3,570 or X1 total pounds, whichever is less, from zone 1, 13,656 or X2 total pounds, whichever is less, from zone 2, or 19,638 or X3 total pounds, whichever is less, from zone 3, where X1, X2 and X3 = 20 times the average reported total daily harvest of commercial fish other than smelt from zone 1, 2 or 3, respectively, by all licensed commercial fishers on Lake Michigan during the 12 months preceding 2 months before the end of the license year preceding the license year for which application is being made.
NR 25.03(2)(b)3.
3. Notwithstanding
subd. 2., for the license year immediately following a reduction in the harvest limit of any commercial fish other than smelt, the minimum commercial harvest from each zone required for licensing shall, for each applicant, be reduced by an amount equal to that applicant's reported harvest or, where the applicant obtained the license by transfer, the transferor's and applicant's combined reported harvest, of that species from that zone for the license year before the harvest limit was reduced.
NR 25.03(2)(b)4.
4. Neither
subd. 2. or
3. applies if the department determines that unavoidable circumstances prevented the applicant or the transferor from complying with
subd. 2. or
3. Examples of unavoidable circumstances may include but are not limited to serious injury to or illness of the applicant or an immediate family member, sudden unavailability of qualified crew members, mechanical breakdown of or structural damage to the applicant's vessel and extended or recurring bad weather.
NR 25.03(2)(b)5.
5. 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(2)(c)
(c) Licenses shall be issued according to the following priorities to applicants otherwise qualified under
par. (b):
NR 25.03(2)(c)1.
1. First to individuals who have been licensed commercial fishers on Lake Michigan during the preceding license year and who are applying for renewal of that license.
NR 25.03(2)(c)2.
2. Next to individuals who were not licensed the preceding license year, but who had been licensed commercial fishers on Lake Michigan for at least 2 years.
NR 25.03(2)(c)4.
4. Next to other Wisconsin residents and nonresidents residing in states allowing Wisconsin residents similar privileges.
NR 25.03(2)(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(2)(d)
(d) The Lake Michigan 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.
NR 25.03(3)
(3) Application. Application for licenses authorizing commercial fishing in the outlying waters shall be made on forms available from the department and shall be returned to the department no later than 60 days before the license year for which application is being made. To be timely, applications, if mailed, must be postmarked no later than 60 days before the license year for which application is being made and if submitted to the department other than by mail must be received and stamped with a date stamp of the department indicating receipt no later than 60 days before the license year for which application is being made. Late applications for licenses may not be acted upon by the department but shall be returned to the applicant along with the applicant's license fee.
NR 25.03(4)
(4) Rough fish licenses. 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 History
History: Cr.
Register, September, 1976, No. 249, eff. 10-1-76; r. and recr.
Register, October, 1979, No. 286, eff. 11-1-79; am. (1),
Register, August, 1980, No. 296, eff. 9-1-80; am. (1) (a), (2) (a) and (3), cr. (2) (b) and (c),
Register, March, 1981, No. 303, eff. 4-1-81; am. (1) (a), (2) (c) 5. and (3), r. and recr. (1) (b) 2. and 3., (2) (a), r. (2) (b) and (2) (c) 3., renum. (2) (c) (intro.), 1. and 2. to be (2) (b) (intro.) 1. and 2., renum. (1) (b) 4. to be (1) (c) and am., renum. (1) (b) 5. to be (1) (c) 5. and am., renum. (1) (c) to be (1) (d) and am., renum. (2) (c) 4. to be (2) (c) and am., cr. (2) (b) 3.,
Register, June, 1983, No. 330, eff. 7-1-83; emerg. am. (2) (a), (b) (intro.) and (c) (intro.), cr. (2) (d), (e) and (f), eff. 5-5-86; am. (2) (a) and (b) (intro.), cr. (2) (d) and (e),
Register, December, 1986, No. 372, eff. 1-1-87; am. (2) (a), (b) (intro.) and 1., r. (2) (b) 2. intro. and a., (2) (c) to (e), renum. (2) (b) 2. b. to be (2) (b) 2. and am., r. and recr. (2) (b) 3.,
Register, April, 1988, No. 388, eff. 5-1-88; cr. (2) (b) 4.,
Register, June, 1989, No. 402, eff. 7-1-89; emerg. r. (2) (b) 2., renum. (2) (b) 3. and 4. to be 2. and 3. and am. 3., am. (3), cr. (4) eff. 4-1-91; r. (2) (b) 2., renum. (2) (b) 3. and 4. to be 2. and 3. and am. 3., am. (3), cr. (4),
Register, August, 1991, No. 428, eff. 9-1-91; am. (1) (b) 2.,
Register, November, 1993, No. 455, eff. 12-1-93; cr. (1) (a) 2.,
Register, January, 1997, No. 493, eff. 2-1-97; r. and recr. (2) (b) 3., cr. (2) (b) 4. and 5.,
Register, March, 1998, No. 507, eff. 4-1-98; am. (2) (b) 3. a. and b.,
Register, June, 2001, No. 546, eff. 7-1-01;
CR 08-060: cr. (1) (a) 3. and (2) (am)
Register June 2009 No. 642, eff. 7-1-09;
CR 09-016: am. (1) (b) to (d), (2) (a) and (3), r. (2) (b) 2., renum. (2) (b) 3. to 5. to be (2) (b) 2. to 4. and am., cr. (2) (b) 5., (c) and (d)
Register January 2010 No. 649, eff. 2-1-10.
NR 25.04
NR 25.04
Transfer of commercial fishing licenses. Any licensed commercial fisher may transfer their valid license authorizing commercial fishing in the outlying waters to another person who meets the criteria under
s. NR 25.03 and s.
29.519, Stats., for obtaining such a license, subject to the conditions stated in this section.
NR 25.04(1)
(1) Application for license transfers shall be made on forms provided by the department.
NR 25.04(2)
(2) A licensee may designate on the application for their license authorizing commercial fishing in the outlying waters a person to whom the licensee wishes that license to be transferred in the event of the licensee's death or incapacity. This designation may be changed during the license year as requested in writing by the licensee. The designated person would have to meet the criteria under this section for the transfer to occur.
NR 25.04(2)(a)
(a) In the absence of such a designation, or a qualified transferee, or a transferee capable of accepting the transfer under this section, members of the immediate family of the licensee who meet the eligibility requirements of this section shall be offered the license. The offer shall be made by the department in the following order:
NR 25.04(2)(b)
(b) If, under the criteria of s.
29.519, Stats., and this chapter, a prospective transferee under this subsection is not eligible to receive a license at the time it is offered, but he or she could become eligible within 2 years, the department shall offer the license to the person. If the person accepts the license within 30 days of the offer, the person shall have 2 years from the date of acceptance to show that he or she meets the eligibility requirements of s.
29.519, Stats., and this chapter, during which time the license shall be held in abeyance by the department. However, if it becomes apparent to the department that the person cannot become eligible within 2 years from the date of acceptance; if the person fails to become eligible within the 2 year period; or if the person does not accept the offer within 30 days, the department shall offer the license to the next prospective transferee under this subsection, if any exist.
NR 25.04(2)(c)
(c) All offers of transfer under this subsection shall be accepted within 30 days from the date of offer or be considered refused.
NR 25.04(3)
(3) Licenses may not be transferred if the licensee or the transferee is charged with a violation of outlying waters commercial fishing laws under which conviction could cause revocation or suspension of that license. This subsection shall apply from the issuance of the citation or complaint until the matter is adjudicated or dismissed.
NR 25.04(4)
(4) Licenses may not be transferred to any person who currently has a license authorizing commercial fishing in the outlying waters under revocation or suspension.
NR 25.04(5)
(5) License transfers shall be reviewed and approved or denied by the commercial fishing board of the body of water for which the license authorizes commercial fishing. Such review and approval or denial shall occur no later than the next regular quarterly meeting of the appropriate commercial fishing board.
NR 25.04(6)
(6) This section does not apply to the transfer of a boat from one license to another as provided for under s.
29.519 (2) (e), Stats.
NR 25.04(7)
(7) In addition, a licensed commercial fisher may not transfer a license authorizing commercial fishing on Lake Michigan to another person unless the proposed transferee meets the eligibility requirements of
s. NR 25.03 (2) (b) 1.
NR 25.04 History
History: Cr.
Register, September, 1976, No. 249, eff. 10-1-76; r. and recr.
Register, October, 1979, No. 286, eff. 11-1-79; r. and recr.
Register, June 1985, No. 354, eff. 7-1-85; emerg. cr. (7), eff. 5-22-86; cr. (7),
Register, December, 1986, No. 372, eff. 1-1-87; am. (7) (intro.),
Register, April, 1988, No. 388, eff. 5-1-88; emerg. am. (7) (b), eff. 4-1-91; am. (7) (b),
Register, August, 1991, No. 428, eff. 9-1-91; r. and recr. (2) (b),
Register, June, 1997, No. 498, eff. 7-1-97;
CR 08-060: am. (6) and (7)
Register June 2009 No. 642, eff. 7-1-09.
NR 25.05
NR 25.05
Open seasons; size limits; possession and harvest limits. NR 25.05(1)(1)
Open seasons. In the outlying waters there shall be an open season subject to other conditions established in this chapter and by statute on the various species of fish embraced within specified dates, both inclusive, as follows. During any time other than the open season no person may take, catch or kill fish or fish for fish, except as otherwise expressly provided in this chapter.
-
See PDF for table 
NR 25.05(2)
(2) Size limits. Except as otherwise expressly provided in this chapter, no fish of a length or size less than that specified for each variety of any of the following varieties may be possessed or under control. The measurement of the length of a fish within the meaning of this chapter shall be taken in a straight line in a natural position without manipulation from the tip of the snout to the end of the fully extended tail fin. The measurement of length shall apply without allowance made for the shrinkage of the fish.
-
See PDF for table NR 25.05(3)
(3) Possession and harvest limits. Except as otherwise provided in this chapter, no person may do any of the following:
NR 25.05(3)(a)
(a) Possess species of fish for which there is no open season.
NR 25.05(3)(b)
(b) While on the water, possess species of fish outside of the open season for that species.
NR 25.05(3)(c)
(c) Catch, take or kill more fish than authorized by his or her harvest limit, except as provided in
par. (g). The harvest limit for species of fish for which an open season is provided and a quota has been established shall be the individual quota established by commercial fishing boards or the department for the person harvesting the fish.
NR 25.05(3)(d)
(d) Fish for a species of fish in a zone for which the person has no harvest limit.
NR 25.05(3)(e)
(e) At the time of landing, possess fish eggs that weigh more than 25% of the simultaneously landed dressed carcasses of fish of the species from which the eggs were taken.
NR 25.05(3)(f)
(f) At the time of landing, possess fish viscera that weighs more than 50% of the simultaneously landed dressed carcasses of fish of the species from which the viscera were taken.
NR 25.05(3)(g)
(g) Take, catch or kill more fish, by species and zone, than authorized by the total of the person's individual catch quotas and permits under the person's fleet reporting program, if the person is engaged in fleet reporting under
s. NR 25.135.
NR 25.05(4)
(4) Ice fishing. Commercial fishing through the ice in Green Bay and Lake Michigan is prohibited after March 15 during each license year.
NR 25.05 History
History: Cr.
Register, September, 1976, No. 249, eff. 10-1-76; emerg. am. (1) (d) and cr. (3), eff. 5-16-79; am.
Register, October, 1979, No. 286, eff. 11-1-79; am. (1) (d),
Register, May, 1981, No. 305, eff. 7-1-81; emerg., am. (2) (b), eff. 7-1-81; am. (2) (b),
Register, August, 1981, No. 308, eff. 9-1-81; emerg. am. (1) (i), eff. 5-20-82; am. (1) (d) and (i), (2) (e),
Register, October, 1982, No. 322, eff. 11-1-82; am. (1) and (2),
Register, April, 1983, No. 328, eff. 5-1-83; emerg. am. (1) (g) and cr. (1) (gm), eff. 6-20-84; am. (1) (d),
Register, January, 1985, No. 349, eff. 2-1-85; am. (1) (g) and cr. (1) (gm),
Register, March 1985, No. 351, eff. 4-1-85; am. (1) (d),
Register, July, 1985, No. 355, eff. 8-1-85; am. (1) (d),
Register, February, 1986, No. 362, eff. 3-1-86; am. (1) (cr), (e), (g) and (gm), r. (1) (f) and (2) (f), cr. (1) (gn) and (4),
Register, June, 1989, No. 402, eff. 7-1-89. emerg. am. (1) (a) and (c), eff. 4-22-86; am. (1) (a), (c), (d) and (e),
Register, October, 1986, No. 370, eff. 11-1-86; am. (1) (d), (e), (g) and (gm), r. (1) (f) and (2) (f), cr. (1) (gn) and (4),
Register, June, 1989, No. 402, eff. 7-1-89; emerg. am. (2) (a), eff. 11-28-90; emerg. am. (1) (g), (gn) and (3), eff. 4-1-91; am. (2) (a),
Register, July, 1991, No. 427, eff. 8-1-91; am. (1) (g), (gn) and (3),
Register, August, 1991, No. 428, eff. 9-1-91; emerg. am. (1) (e), eff. 7-1-96; emerg. am. (1) (e), eff. 10-1-96; am. (1) (e),
Register, December, 1996, No. 492, eff. 1-1-97; am. (1) (d),
Register, April, 1997, No. 496, eff. 5-1-97; am. (1) (d),
Register, December, 1998, No. 516, eff. 1-1-99; am. (3),
Register, July, 1999, No. 523, eff. 8-1-99; am. (1) (d),
Register, December, 2000, No. 540, eff. 1-1-01;
CR 01-115: am. (1) (d),
Register February 2002 No. 554, eff. 3-1-02;
CR 01-145: r. and recr. (1) (d),
Register July 2002 No. 559, eff. 8-1-02;
CR 06-111: r. and recr. (1) (d)
Register June 2007 No. 618, eff. 7-1-07;
CR 08-060: am. (3)
Register June 2009 No. 642, eff. 7-1-09;
CR11-049: am. (1) (c)
Register August 2012 No. 680, eff. 9-1-12.
NR 25.05 Note
Note: See the table of Appellate Court Citations for Wisconsin appellate cases citing s.
NR 25.05.
NR 25.06
NR 25.06
Quotas and catch fees. NR 25.06(1)(a)(a) Lake trout. The total allowable annual harvest of lake trout by state and tribal commercial fishers and tribal home use fishers under
par. (b) during the open season in Wisconsin waters of Lake Superior east of Bark Point (WI-2) and west of Bark point (WI-1) shall be determined by the natural resources board based upon recommendations from the state/tribal biological committee which consists of state, tribal and national biological service representatives.
NR 25.06(1)(a)1.
1. The total allowable commercial and home use harvest in the waters of Lake Superior east of Bark Point may not exceed 87,900 lake trout. The total allowable commercial and home use harvest in waters of Lake Superior west of Bark Point may not exceed 2,850 lake trout.
NR 25.06(1)(a)2.
2. That number of lake trout to be harvested by non-Indian licensed commercial fishers from the waters of Lake Superior east of Bark Point may not exceed 8,600 lake trout, and from the waters of Lake Superior west of Bark Point may not exceed 2,150 lake trout.
NR 25.06(1)(a)3.
3. That number of lake trout to be harvested by the Red Cliff and Bad River bands, including both commercial and home use fishers, from the waters of Lake Superior east of Bark Point may not exceed 79,300 lake trout. That number of lake trout to be harvested by the Red Cliff and Bad River bands, including both commercial and home use fishers, from the waters of Lake Superior west of Bark Point may not exceed 700 lake trout. If the Red Cliff and Bad River bands do not reach an agreement on the method of allocating the tribal quota between them, the department may divide the quota 50% for the Bad River band and 50% for the Red Cliff band, or by any other equitable method.
NR 25.06(1)(a)4.
4. All lake trout caught in gill nets not less than 47/16 inch stretch measure set in waters less than 330 feet (55 fathoms) deep shall be kept and tagged except during November 28 through May 31, live lake trout may be released. Lake trout caught in gill nets in waters 330 feet (55 fathoms) deep or deeper or in entrapping nets may be returned to the lake or kept and tagged, except that dead lake trout 25 inches or less in length caught in entrapping nets shall be kept and tagged. All lake trout, dead or alive, larger than 25 inches in length caught in entrapping nets shall be returned to the lake. All lake trout and siscowet harvested by commercial and home use fishers shall be tagged in accordance with
sub. (3).
NR 25.06(1)(a)5.
5. The department may recall tags furnished or authorized in accordance with
sub. (3), when necessary to implement a quota reduction.
NR 25.06(1)(b)
(b) Harvest of fish from Lake Superior for home use by Lake Superior Chippewas. Members of the Bad River and Red Cliff bands of Lake Superior Chippewas may harvest species of fish for which there is an open season during said season, under home use permits issued by their respective tribal councils.
NR 25.06(1)(b)1.
1. Home use permits will be issued to the heads of households only, and only one permit will be issued to an individual.
NR 25.06(1)(b)2.
2. Permittees are restricted to the use of no more than 350 feet of gill net and sale of fish pursuant to these permits is prohibited. These fishing activities shall be restricted to waters adjacent to the reservations of the Bad River and Red Cliff bands.
