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.
NR 25.06(2)(a)(a) Chubs. The total allowable annual commercial harvest of chubs in Wisconsin waters of Lake Michigan shall be determined by the natural resources board based on recommendations from the department.
NR 25.06(2)(a)1.
1. The total allowable commercial harvest for any license year may not exceed 3,600,000 pounds.
NR 25.06(2)(a)2.
2. No more than 600,000 pounds of the total allowable commercial harvest for any license year may be taken in the northern chub fishing zone.
NR 25.06(2)(a)3.
3. No more than 3,000,000 pounds of the total allowable commercial harvest for any license year may be taken in the southern chub fishing zone.
NR 25.06(2)(a)4.
4. The department reserves 100,000 pounds of the total allowable annual commercial harvest of chubs to be used for special assessment.
NR 25.06(2)(b)
(b) Yellow perch. The total allowable annual commercial harvest of yellow perch in Wisconsin waters of Lake Michigan and Green Bay shall be determined by the natural resources board based on recommendations from the department.
NR 25.06(2)(b)1.
1. The total allowable commercial harvest in zone 1 for any license year may not exceed 100,000 pounds.
NR 25.06(2)(b)2.
2. The total allowable commercial harvest in zone 2 for any license year may not exceed 4,655 pounds.
NR 25.06(2)(b)3.
3. The total allowable commercial harvest in zone 3 for any license year may not exceed 107,345 pounds.
NR 25.06(2)(c)
(c) Smelt. The total allowable annual commercial harvest of smelt in Wisconsin waters of Lake Michigan and Green Bay shall be determined by the natural resources board based on recommendations from the department.
NR 25.06(2)(c)1.
1. The total allowable commercial harvest of smelt in any license year may not exceed 1,000,000 pounds in Lake Michigan and Green Bay, of which no more than 25,000 pounds may be taken from Green Bay.
NR 25.06(2)(d)1.1. The total allowable annual commercial harvest of menominees in Wisconsin waters of Lake Michigan and Green Bay shall be determined by the natural resources board based on recommendations from the department.
NR 25.06(2)(d)2.
2. The total allowable commercial harvest of menominees in Lake Michigan and Green Bay may not exceed 75,000 pounds in any license year, with no more than 1,000 pounds to be taken from zone 1, 46,000 pounds from zone 2 and 28,000 pounds from zone 3.
NR 25.06(2)(e)1.1. The total allowable annual commercial harvest of whitefish in Wisconsin waters of Lake Michigan and Green Bay shall be determined by the natural resources board based on recommendations from the department.
NR 25.06(2)(e)2.a.a. If the total allowable commercial harvest of whitefish in Lake Michigan and Green Bay set in
subd. 2. b. is less than or equal to 2,470,000 pounds, no more than 9.13028% may be taken from zone 1, no more than 82.17255% may be taken from zone 2, and no more than 8.69716% may be taken from zone 3. If the total allowable commercial harvest of whitefish in Lake Michigan and Green Bay set in
subd. 2. b. is greater than 2,470,000 pounds and less than or equal to 2,880,001 pounds, no more than 225,518 plus one-third X may be taken from zone 1, no more than 2,029,662 plus one-third X may be taken from zone 2, and no more than 214,820 plus one-third X may be taken from zone 3, where X equals the difference between the total allowable commercial harvest and 2,470,000 pounds. If the total allowable commercial harvest of whitefish in Lake Michigan and Green Bay set in
subd. 2. b. exceeds 2,880,001 pounds, no more than 362,185 plus 0.0913028 times Y may be taken from zone 1, no more than 2,166,329 plus 0.8217255 times Y may be taken from zone 2, and no more than 351,487 plus 0.0869716 times Y may be taken from zone 3, where Y equals the difference between the total allowable commercial harvest and 2,880,001 pounds.
NR 25.06(2)(e)2.b.
b. The total allowable commercial harvest of whitefish in Lake Michigan and Green Bay may not exceed 2,880,001 pounds in any license year.
NR 25.06(3)
(3) Tagging of fish. All harvested fish species or subspecies required to be tagged in accordance with this section shall be tagged with tags furnished or authorized by the department upon completing the net lift and before being transported by boat when fishing in open water and before being transported when fishing with nets under ice. Fish shall be individually tagged.
NR 25.06(3)(a)
(a) Tags authorized shall be approved in writing by the secretary of the department and shall conform to the following minimum specifications:
NR 25.06(3)(a)1.
1. Tags shall be individually, serially numbered in nonrepeating number series.
NR 25.06(3)(a)2.
2. Tags shall be color-coded by lake trout open season in a color which does not repeat in the next consecutive lake trout open season.
NR 25.06(3)(a)3.
3. Tags shall include an appropriate state or tribal identification.
NR 25.06(3)(a)4.
4. Tags shall only be ordered in a number sufficient to limit the harvest to a biologically determined quota.
NR 25.06(3)(a)5.
5. Issuing authorities shall maintain records of tag allotments to individual fishers by tag serial numbers. Tag records shall be open to inspection by state conservation wardens during regular office hours.
NR 25.06(3)(a)6.
6. Tags are valid for use only for the lake trout open season for which they are issued.
NR 25.06(3)(c)
(c) Untagged fish may not be transferred between watercraft.
NR 25.06(3)(d)
(d) Tags shall be locked and remain attached to fish until prepared for final consumption. Tags shall remain with smoked or filleted fish until sold to final consumers. Commercial fishers of the outlying waters or licensed wholesale fish dealers shall not be considered final consumers and must be in possession of tags for smoked and filleted fish.
NR 25.06(3)(e)
(e) Tags provided or authorized by the department for tagging fish may not be transferred.
NR 25.06(3)(f)
(f) No person may possess or use tags furnished or authorized by the department for tagging fish which have been modified or tampered with.
NR 25.06(3)(g)
(g) No treaty fisher may lift nets in Wisconsin waters while in possession of tags issued by a tribe or another state for fish taken in Michigan waters.
NR 25.06(3m)
(3m) Temporary exception for Lake Michigan. Notwithstanding the amounts in
sub. (2) (a) 1. to
4.,
(b) 1. to
3.,
(c) 1.,
(d) 2. and
(e) 2., for the license year July 1, 2010 through December 31, 2011, the amounts shall be 2.0 times those specified in
sub. (2) (a) 1. to
4.,
(b) 1. to
3.,
(c) 1.,
(d) 2. and
(e) 2., except that for the license year July 1, 2010 through December 31, 2011, for each fish species for which individual licensee catch quotas are allotted or allocated under
s. NR 25.07 (2), no licensee may harvest more than one-half of his or her individual catch quota for that license year for each species during July 1, 2010 through June 30, 2011, or harvest more than one-half of his or her individual catch quota for that license year for each species during January 1, 2011 through December 31, 2011.
NR 25.06(4)
(4) Allocation. The harvest quotas established shall be allocated to individual commercial fishing licensees in accordance with
s. NR 25.07.
NR 25.06(5)
(5) Catch fees. Catch fees to be charged for commercial harvest of fish species whose populations are sustained or supplemented through stocking shall be determined and assessed as follows:
NR 25.06(5)(a)
(a) The department shall determine catch fees annually for each fish species population subject to this subsection and shall provide this information upon request by February 15 of each year.
NR 25.06(5)(b)
(b) The catch fee for a given fish species population shall be equivalent to the department's direct cost in providing those fish for commercial harvest.
NR 25.06(5)(c)
(c) Catch fees shall be charged on a per fish harvested basis.
NR 25.06(5)(d)
(d) Catch fees shall be collected through the sale of fish tags furnished or authorized by the department in accordance with
sub. (3) at offices indicated on the quota applications provided under
s. NR 25.07 (3). The total number of tags that may be purchased by an individual licensee shall be equivalent to that licensee's individual catch quota as determined in accordance with
s. NR 25.07.
NR 25.06(5)(e)
(e) Unused fish tags purchased in accordance with
par. (d) shall be returned by the licensee to the department at the office where purchased within 15 days of the end of the open season for that fish species population. The department shall return the catch fees paid by that licensee for those unused fish tags.
NR 25.06 History
History: Cr.
Register, September, 1976, No. 249, eff. 10-1-76; emerg. am., eff. 5-16-79; am.
Register, October, 1979, No. 286, eff. 11-1-79; am. (2) (a),
Register, May, 1981, No. 305, eff. 7-1-81; emerg. am. (1) (b) to (d) and (f), r. (1) (e), eff. 7-1-81; am. (1) (b) to (d) and (f), r. (1) (e),
Register, August, 1981, No. 308, eff. 9-1-81; emerg. am. (2) (a), eff. 7-1-82; am. (2) (a),
Register, September, 1982, No. 321, eff. 10-1-82; am.
Register, October, 1982, No. 322, eff. 11-1-82; am. (2) (a) and cr. (2) (b),
Register, April, 1983, No. 328, eff. 5-1-83; am. (2) (a) 1. and (3) (f), renum. (2) (a) 3. to be (2) (a) 4., cr. (2) (a) 3.,
Register, June, 1983, No. 330, eff. 7-1-83; am. (2) (b) 1.,
Register, June, 1984, No. 342, eff. 7-1-84; am. (2) (a) 1. to 3.,
Register, July, 1984, No. 343, eff. 8-1-84; reprinted to correct error in (2) (a) 2.,
Register, August, 1984, No. 344; emerg. am. (1) (a), eff. 1-2-86; emerg. cr. (3) (a) and (g), eff. 4-22-86; emerg. am. (1) (a) 3., eff. 5-1-86; r. and recr. (1) (a),
Register, July, 1986, No. 367, eff. 8-1-86; am. (2) (a) 1. to 3. and (b) 1., cr. (2) (c) and (3) (a) and (g),
Register, October, 1986, No. 370, eff. 11-1-86; emerg. am. (1) (a) 1. to 3., eff. 3-10-87; am. (1) (a) 1. to 3.,
Register, December, 1987, No. 384, eff. 1-1-88; am. (2) (c) 3.,
Register, April, 1988, No. 388, eff. 5-1-88; am. (2) (b) (intro.) and 1., (c) 1., a. (2) (b) 2. and 3., (2) (d) and (e),
Register, June, 1989, No. 402, eff. 7-1-89; am. (2) (b) 1.,
Register, January, 1990, No. 409, eff. 2-1-90; emerg. am. (1) (a) 1. to 4., eff. 11-28-90; emerg. am. (2) (c) (intro.) and 1., r. (2) (c) 2. and 3., eff. 4-1-91; am. (2) (b) 1.,
Register, June, 1991, No. 426, eff. 7-1-91; am. (1) (a) 1. to 4.,
Register, July, 1991, No. 427, eff. 8-1-91; am. (2) (c) (intro.) and 1., r. (2) (c) 2. and 3.,
Register, August, 1991, No. 428, eff. 9-1-91; am. (2) (a) 1. and 2. and (e) 2.,
Register, March, 1992, No. 435, eff. 4-1-92; emerg. am. (2) (b) 1. eff. 7-1-94; am. (2) (b) 1.,
Register, January, 1995, No. 469, eff. 2-1-95; am. (2) (a) 2., cr. (2) (c) 2.,
Register, February, 1995, No. 470, eff. 3-1-95; emerg. am. (2) (b) 2. and 3., eff. 7-1-95; am. (2) (e) 2.,
Register, July, 1995, No. 475, eff. 8-1-95; am. (2) (b) 2. and 3.,
Register, September, 1995, No. 477, eff. 10-1-95; am. (1) (a) 2.,
Register, January, 1997, No. 493, eff. 2-1-97; am. (2) (e) 2.,
Register, April, 1997, No. 496, eff. 5-1-97; am. (1) (a) (intro.), 1. to 4. and (2) (b) 1.,
Register, June, 1997, No. 498, eff. 7-1-97; am. (2) (e) 2.,
Register, April, 1999, No. 520, eff. 5-1-99; am. (2) (c) 1.,
Register, September, 1999, No. 525, eff. 10-1-99;
CR 01-037: am. (2) (b) 1.,
Register February 2002 No. 554, eff. 3-1-02;
CR 01-115: r. (2) (c) 2.,
Register February 2002 No. 554, eff. 3-1-02; emerg. am. (1) (a) 1. to 3. eff. 11-1-02;
CR 02-096: am. (1) (a) 1. to 3.
Register April 2003 No. 568, eff. 5-1-03;
CR 02-144: am. (2) (c) 1.
Register June 2004 No. 582, eff. 7-1-04;
CR 03-107: am. (2) (b) 1.
Register June 2004 No. 582, eff. 7-1-04;
CR 05-085: am. (2) (b) 1.
Register March 2006 No. 603, eff. 4-1-06;
CR 05-115: am. (1) (a) 1. to 3.
Register July 2006 No. 607, eff. 8-1-06;
CR 07-075: am. (2) (b) 1.
Register April 2008 No. 628, eff. 5-1-08;
CR 08-060: am. (3) (intro.)
Register June 2009 No. 642, eff. 7-1-09;
CR 09-016: am. (3) (a) 2. and 6., cr. (3m)
Register January 2010 No. 649, eff. 2-1-10; corrections in (3m) made under s.
13.92 (4) (b) 7., Stats.,
Register January 2010 No. 649;
CR 09-083: r. and recr. (2) (e) 2.
Register March 2010 No. 651, eff. 4-1-10.
NR 25.06 Note
Note: See the table of Appellate Court Citations for Wisconsin appellate cases citing s.
NR 25.06.
NR 25.07
NR 25.07
Individual licensee catch quotas. NR 25.07(1)
(1)
Lake Superior. The allotment of harvest quotas as established in
s. NR 25.06 (1) to individual licensed commercial fishers on Lake Superior shall be by the department upon application in accordance with
sub. (3), and as follows:
NR 25.07(1)(a)2.
2. Allocation of the lake trout quota to individual licensees shall be by issuance of appropriate tags by the department.
NR 25.07(2)
(2) Lake Michigan and Green Bay. The allotment of harvest quotas as established in
s. NR 25.06 (2)
to individual licensed commercial fishers on Lake Michigan and Green Bay shall be by the department upon application in accordance with
sub. (3), as follows:
NR 25.07(2)(a)1.1. A chub fishing permit shall be issued under this subdivision to each applicant who selects the northern chub fishing zone under
sub. (3) (d), is a licensed commercial fisher and held a Lake Michigan chub harvest permit for the northern chub fishing zone for the 1985-1986, 1986-1987 or 1987-1988 license year.
NR 25.07(2)(a)1m.
1m. A chub fishing permit and individual licensee catch quota shall be issued under this subdivision to each applicant who selects the southern chub fishing zone under
sub. (3) (d) and is a licensed commercial fisher.
NR 25.07(2)(a)2.
2. All permittees under
subd. 1. who select the northern chub fishing zone under
sub. (3) (d) shall be subject to the following limitations through December 31, 2011:
NR 25.07(2)(a)2.a.
a. No more than 150,000 pounds of chubs may be harvested during the quota period of July 1 through September 30; no more than 300,000 pounds of chubs may be harvested during the quota period of October 1 through the end of February except that this amount shall be increased to include the portion of the allowable harvest for the previous period that is not reported as harvested in that period or decreased by the amount the reported harvest during the previous period exceeded the harvest limit for that period; and no more than 150,000 pounds of chubs may be harvested during the quota period of March 1 through June 30 except that this amount shall be increased to include the portion of the allowable harvest for the previous period that is not reported as harvested in that period or decreased by the amount the reported harvest during the previous period exceeded the harvest limit for that period.
NR 25.07(2)(a)2.b.
b. During the quota periods of July 1 through September 30 and October 1 through January 15, the department shall notify all licensed commercial fishers to cease fishing upon receipt of information that 85% of the period quotas as established in
subd. 2. a. have been harvested except that all nets in the water shall be lifted under
s. NR 25.09 (2) (a) 10., and the legal fish harvested. During the quota period of March 1 through June 30, the department shall notify all licensed commercial fishers to cease fishing upon receipt of information that 80% of the period quota as established in
subd. 2. a. has been harvested except that all nets in the water shall be lifted under
s. NR 25.09 (2) (a) 10., and the legal fish harvested.
NR 25.07(2)(a)3.
3. All permittees under
subd. 1. who select the northern chub fishing zone under
sub. (3) (d) shall be subject to the following limitations beginning January 1, 2012:
NR 25.07(2)(a)3.a.
a. No more than 150,000 pounds of chubs may be harvested during the quota period of January 1 through the end of February; no more than 300,000 pounds of chubs may be harvested during the quota period of March 1 through September 30, except that this amount shall be increased to include the portion of the allowable harvest for the previous period that is not reported as harvested in that period or decreased by the amount the reported harvest during the previous period exceeded the harvest limit for that period; and no more than 150,000 pounds of chubs may be harvested during the quota period of October 1 through December 31, except that this amount shall be increased to include the portion of the allowable harvest for the previous period that is not reported as harvested in that period or decreased by the amount the reported harvest during the previous period exceeded the harvest limit for that period.
NR 25.07(2)(a)3.b.
b. During the quota periods of January 1 through the end of February and March 1 through September 30, the department shall notify all licensed commercial fishers to cease fishing upon receipt of information that 85% of the period quotas as established in
subd. 3. a. have been harvested except that all nets in the water shall be lifted under
s. NR 25.09 (2) (a) 10., and the legal fish harvested. During the quota period of October 1 through December 31, the department shall notify all licensed commercial fishers to cease fishing upon receipt of information that 80% of the period quota as established in
subd. 3. a. has been harvested except that all nets in the water shall be lifted under
s. NR 25.09 (2) (a) 10., and the legal fish harvested.
NR 25.07(2)(am)
(am) Chubs; southern fishing zone limitations. All permittees under
par. (a) 1m. who select the southern chub fishing zone under
sub. (3) (d) shall be subject to the following limitations:
NR 25.07(2)(am)1.a.
a. The fisher rank of each individual permittee shall be based on their individual authorized regular season chub harvest from April 1, 1981 through December 31, 1982. This harvest determination shall be based on the permittee's reported catch during that period adjusted to the legal amount under
subd. 1. b. 4) and 5),
Register, June, 1981, No. 306. The highest resulting number shall be assigned the fisher rank of 1, and the following numbers assigned sequential ranks until the 32 individual quota allotments are all assigned. If there are any ties for a given fisher rank, a public drawing will be conducted by the department and the permittee selected will receive that fisher rank. The permittee or permittees not selected will go to the next lower fisher rank. Additional drawings will be conducted as needed to resolve all ties. Any remaining permittees not receiving individual quota allotments shall fish under the provisions of
subd. 2.
NR 25.07(2)(am)1.b.
b. No individual quota allotted under
subd. 1. may exceed 70,000 pounds, until each individual allotted quota equals 70,000 pounds. When the quota allotted to an individual permittee reaches 70,000 pounds, any additional harvest quota shall be divided equally among the remaining individual allotted quotas not equalling 70,000 pounds. When all individual allotted quotas each equal 70,000 pounds, for a total of 2,240,000 pounds, any further increases shall be divided equally among the individual quota allotments. Quota allotments shall be made in whole pound increments.
NR 25.07 Note
Note: If 90% of the harvest quota established in s.
NR 25.06 (2) (a) 3. equaled 1,890,000 pounds, permittees in fisher rank 1-5 would have individual quotas of 74,466 pounds. The excess over 70,000 pounds for each would be totalled, being 22,300 pounds, and divided equally among the remaining 27 individual quotas, 826 pounds each.
NR 25.07(2)(am)1.c.
c. Whenever a vacancy occurs in the number of permittees allotted an individual quota, those permittees ranking below the vacancy shall automatically advance in rank to fill the vacancy. Any vacancy at fisher rank 32 may be filled by the permittee fishing under the provisions of
subd. 2. who has the highest total reported regular season chub harvest for the previous 2 license years.
NR 25.07(2)(am)2.
2. In the southern chub fishing zone, 10% of the harvest quota established in
s. NR 25.06 (2) (a) 3. shall be allotted to permittees who do not receive individual allotted quotas under
subd. 1.
NR 25.07(2)(am)2.a.
a. No more than 10% of this allotment may be taken by any one permittee during the license year.
NR 25.07(2)(am)2.c.
c. Whenever the total amount of chubs allocated under
subd. 2. a. does not equal the amount provided in
subd. 2., the surplus shall be divided equally among permittees under
subd. 2.
NR 25.07(2)(am)4.
4. Any permittee with an individual chub quota allotment under
subd. 1. a. and
b. may transfer up to 100% of his or her allotted chub quota to another permittee with an individual chub quota allotment under
subd. 1. a. and
b. A quota transfer under this subdivision shall be in effect only during the current license year, and shall be subject to
sub. (6).
NR 25.07(2)(am)5.
5. Any permittee with an individual chub quota allotment under
subd. 1. may temporarily transfer, for the remainder of the current license year, all or part of his or her individual chub quota allotment to a person who holds a permit under
subd. 2., subject to
s. NR 25.08 (intro.),
(1),
(4), and
(5). However, a quota transfer approved under
s. NR 25.08 (5) is not valid and may not be fished until either of the following occurs:
NR 25.07(2)(am)5.a.
a. The transferee reaches his or her limit under
subd. 2. a. upon taking 10% of the "racehorse" allotment made under
subd. 2. during the license year; or
NR 25.07(2)(am)5.b.
b. The department, acting under
subd. 6., has closed the southern chub zone "racehorse" fishery by notifying permittees fishing under
subd. 2. to cease fishing; all of the transferee's nets in the water have been lifted and the legal fish in the nets harvested; and one calendar day has passed.
