Wisconsin Legislature: NR 25.13(5)

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.

NR 25.10 Note Note: District directors are now known as regional directors.

NR 25.10(4)(b)4. 4. A denial, suspension, or revocation of a permit under this paragraph shall not bar an otherwise qualified applicant from applying for permits for other locations.

NR 25.10 History History: Cr. Register, September, 1976, No. 249, eff. 10-1-76; renum. from NR 25.12, Register, October, 1979, No. 286, eff. 11-1-79; r. and recr. Register, June, 1984, No. 342, eff. 7-1-84; renum. from NR 25.09 and am. (4) (intro.) and (5) (b) 1.b., Register, January, 1985, No. 349, eff. 2-1-85; emerg. am. (1) (b) 1. and 3., eff. 4-22-86; am. (1) (b) 1. and 3., Register, October, 1986, No. 370, eff. 11-1-86; am. (2) (a) 2. and (b), r. (2) (a) 3., renum. (2) (a) 4. to 10. to be 3. to 9., r. and recr. (2) (c), cr. (2) (d) to (h) and (4) (b) 1.g., Register, June, 1989, No. 402, eff. 7-1-89; am (1) (b) 4. and 6., r. (1) (b) 7., cr. (1) (b) 9. and (c), Register, June, 1997, No. 1997, No. 498, eff. 7-1-97; cr. (2) (i), Register, December, 1998, No. 516, eff. 4-1-99; CR 01-115: am. (2) (b), r. (2) (e), Register February 2002 No. 554, eff. 3-1-02; CR 05-115: am. (1) (b) 9. Register July 2006 No. 607, eff. 8-1-06; CR 08-060: am. (1) (b) 3., 8., (c), (2) (a) 6. to 8., (b), (c) and (f) Register June 2009 No. 642, eff. 7-1-09.

NR 25.105 NR 25.105 Exemptions. Notwithstanding the provisions of this chapter:

NR 25.105(1) (1) From June 1 through March 31, treaty fishers using boats less than 18 feet in length may harvest perch and walleye from the waters of Chequamegon Bay within one mile of the mainland shoreline in Ashland county between the easternmost boundary of the Bad River reservation on Chequamegon Point and a line extending due north from the westernmost boundary of the Bad River reservation as authorized by the department. Only one authorized boat may fish in this area at a time.

NR 25.105(2) (2) From ice out to the Friday before Memorial day, treaty fishers may fish for whitefish and harvest 1,462 incidentally-caught lake trout in those waters defined in s. NR 25.10 (1) (b) 1. The 1,462 lake trout harvested in this area shall be allocated as part of the quota defined in s. NR 25.06 (1) (a) 3. The department may require distinctive tags for this harvest.

NR 25.105(3) (3) Red Cliff treaty fishers may harvest 5,000 pounds (round weight) of walleye annually within the restricted areas west of Bark Point and east of a point one mile west of Port Wing.

NR 25.105 History History: Cr. Register, October, 1986, No. 370, eff. 11-1-86; emerg. cr. (3), eff. 3-10-87; cr. (3), Register, December, 1987, No. 384, eff. 1-1-88.

NR 25.11 NR 25.11 Handling of illegal fish. All illegal fish taken during commercial fishing operations on the outlying waters shall be immediately returned to the water, except that a department employee on board a vessel or otherwise accompanying fishers engaged in such commercial fishing operations may retain illegal fish taken.

NR 25.11 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. from NR 25.10, Register, January, 1985, No. 349, eff. 2-1-85.

NR 25.12 NR 25.12 Processing of fish.

NR 25.12(1)(1) It shall be unlawful for any person operating any fishing boat or boats or any other conveyance on the outlying waters to carry or transport on board such boat or boats or any other conveyance used at any time in the transportation of fish or fishing gear, any instrument or device by which fish can be ground up or so mutilated that identification of the species and measurement of the individual fish are impossible.

NR 25.12(2) (2) It shall be unlawful for any person operating on the outlying waters to have in possession or under control on such waters or to bring to shore any fish ground up or so mutilated that identification and measurement of the individual fish are impossible.

NR 25.12 History History: Renum. from NR 25.13 (3) (a) and (b), Register, October, 1979, No. 286, eff. 11-1-79; renum. from NR 25.11, Register, January, 1985, No. 349, eff. 2-1-85.

NR 25.13 NR 25.13 Commercial fishing reports.

NR 25.13(1) (1) Signature. All commercial fishing reports shall be signed by the commercial fishing licensee under whose license the fish were taken.

NR 25.13(2) (2) Lake Superior reporting. Except as provided under sub. (4), each person required to be licensed pursuant to s. 29.519 (1m), Stats., to conduct commercial fishing operations on Lake Superior, or fishing as an eligible member of the Red Cliff or Bad River band of Lake Superior Chippewas, shall report for the preceding biweekly calendar period to the department in writing on forms provided for this purpose by the department such information relative to the person's fishing activities as may be deemed necessary by the department for management of the fishery, and to prevent depletion of the fish supply. The biweekly report shall be mailed or delivered to the department at the address provided on the form no later than the Tuesday following the biweekly reporting period

NR 25.13(2)(a) (a) Biweekly fishing reports shall include all records of harvest, harvest effort and all other information called for on the report form.

NR 25.13(2)(b) (b) Biweekly fishing reports shall be filed by each person regardless of whether the person fished during the period of time covered by the report.

NR 25.13(2)(c) (c) All department copies of biweekly report forms issued to a person for the license year and not previously submitted by the person shall be returned by the person to the department by the final reporting deadline for that license year.

NR 25.13 Note Note: Biweekly fishing report forms are provided by the department to each licensee at the beginning of the license year. Additional forms may be obtained by writing: DNR, 110 South Neenah Avenue, Sturgeon Bay, WI 54235.

NR 25.13(3) (3) Lake Michigan reporting. Except as provided under sub. (4), each person required to be licensed pursuant to s. 29.519 (1m), Stats., to conduct commercial fishing operations on Lake Michigan shall report for the preceding biweekly calendar period to the department in writing on forms provided for this purpose by the department such information relative to the person's fishing activities as may be deemed necessary by the department for management of the fishery, and to prevent depletion of the fish supply. The biweekly report shall be mailed or delivered to the department at the address provided on the form no later than the Tuesday following the biweekly reporting period.

NR 25.13(3)(a) (a) Biweekly fishing reports shall include all records of harvest, harvest effort and all other information called for on the report form.

NR 25.13(3)(b) (b) The biweekly fishing reports shall be carried while fishing by the licensee or by a member of the licensee's crew if the licensee is not present. The information pertaining to the licensee's name, address and license number or fleet reporting number, date, name and number of the boat fished from, fishing location and depth, fishing effort, gear used and estimated pounds of each fish species caught for each fishing trip shall be recorded on the biweekly fishing reports immediately after completing all net lifts for each trip and before starting to bring the catch to dock or shore. The report shall accompany the fish caught to dock or shore. After a trip's information has been recorded, the report may not be transported for the rest of the day in such a way that it can be altered except to record information pertaining to additional fishing trips taken that day. Biweekly fishing reports shall be filed by each licensee regardless of whether the licensee fished during the period of time covered by the report.

NR 25.13(3)(c) (c) All department copies of biweekly report forms issued to a licensee for the license year and not previously submitted by the licensee shall be returned by the licensee to the department by the final reporting deadline for that license year.

NR 25.13(4) (4) Deadline. For a person required to be licensed under s. 29.519 (1m), Stats., the biweekly reporting requirements of sub. (2) or (3) shall apply until July 1, 2010, or until the person elects to report pursuant to sub. (5), whichever occurs first. Beginning July 1, 2010, all persons required to be licensed under s. 29.519, Stats., shall comply with the electronic reporting requirements of sub. (5).

NR 25.13(5) (5) Electronic reporting. Beginning July 1, 2010, each person required to be licensed under s. 29.519 (1m), Stats., to engage in commercial fishing on Lake Superior or Lake Michigan shall report daily fishing activity to the department by means of the electronic fish reporting system as follows:

NR 25.13(5)(a) (a) The person shall use a portable electronic reporting unit provided by the department, subject to the following conditions:

NR 25.13(5)(a)1. 1. The person shall exercise reasonable care to prevent loss, destruction or damage to the portable electronic reporting unit. Some examples of unreasonable damage include preventable damage caused by submersion, undue exposure to moisture and physical damage rendering the unit unusable for its intended purpose.

NR 25.13(5)(a)2. 2. Unless otherwise authorized by the department, once the person starts reporting daily fishing activity under this subsection, the person may not engage in commercial fishing activities unless in possession of a functioning portable electronic reporting unit issued to the person by the department.

NR 25.13(5)(a)3. 3. The person shall immediately notify the department if the unit issued to that person malfunctions or is damaged or lost. The department shall promptly replace the malfunctioning, damaged or lost unit with a replacement unit. After notifying the department that the person's portable electronic reporting unit is malfunctioning, lost or damaged, the person may continue to engage in commercial fishing activities without possessing a functioning portable electronic reporting unit until the replacement unit arrives, provided that the person follows the procedures of par. (c) 2., 3. and 4. Upon receiving the replacement unit, the person shall enter all required daily fishing activity information and submit it electronically to the department as required under par. (d) 2. The person shall deliver or arrange shipment of the malfunctioning or damaged unit back to the department as directed by the department.

NR 25.13(5)(a)4. 4. Unless the department determines that unavoidable circumstances prevented the person from complying with subd. 1., the person is responsible for reimbursing the department for the actual replacement cost for any unit lost, destroyed or suffering unreasonable damage as determined by the department. The person shall reimburse the department within 30 days of being notified of the reimbursement obligation by the department. Except as provided in par. (b), or unless otherwise authorized by the department, no person may engage in commercial fishing operations until the department has been reimbursed for the cost of the replacement unit. Each day fishing in violation of this subdivision constitutes a separate violation.

NR 25.13(5)(b) (b) A person who is notified that he or she is responsible for reimbursing the department for the replacement cost for any unit may seek a hearing before the department by filing a petition with the department within 30 days after the date of the notice. The petition shall set forth specifically why the damage or loss was not preventable, the reasons why a hearing is warranted and the relief desired. Following receipt of a complete petition, the department shall hold a hearing after at least 10 days' notice. The hearing shall be a contested case under ch. 227, Stats. At the beginning of the hearing the petitioner shall present evidence in support of the relief sought in the petition. Following the hearing the department's action may be affirmed, modified or withdrawn. Until a decision is issued by the department following the hearing, the person may engage in commercial fishing provided that the person has a functioning replacement portable electronic reporting unit issued by the department, or is authorized under par. (a) 3. to engage in commercial fishing activities without possessing a functioning portable electronic reporting unit.

NR 25.13(5)(c) (c) The special reporting requirements of this paragraph apply to fishing on Lake Michigan.

NR 25.13(5)(c)1. 1. The commercial fisher, or a member of the commercial fisher's crew if the commercial fisher is not available, shall carry the portable electronic reporting unit while fishing on Lake Michigan, and after completing the last net lift, but before starting for shore, shall enter and save the estimated weight in pounds of each fish species caught by zone for each fishing trip. The portable electronic reporting unit shall accompany the fish to dock or shore, and shall be immediately produced for inspection and verification of entered data upon the request of a department representative.

NR 25.13(5)(c)2. 2. If the estimated weight in pounds cannot be entered or saved due to mechanical failure or other problems associated with the portable electronic reporting unit, the commercial fisher or crew member shall immediately notify the department of the problem and orally provide the date, licensee's name, commercial fishing license number or fleet reporting number, boat name, zone of fishing and the estimated weight in pounds of the fish by species by calling a department designated telephone number after completing all net lifts and before bringing the catch to dock or shore for each fishing trip.

NR 25.13(5)(c)3. 3. If the estimated weight in pounds cannot be entered or saved due to mechanical failure or other problems associated with the portable electronic reporting unit, and the commercial fisher or crew member is unable to reach the department designated telephone number, the commercial fisher or crew member shall complete a report on a form available from the department, upon the completion of the last lift, but before starting for shore for each fishing trip. The report shall include the date, licensee's name, commercial fishing number or fleet reporting number, boat name, zone of fishing and the estimated weight in pounds of the fish by species, and the signature of the individual completing the form. The report shall accompany the fish caught to dock or shore. After a trip's information has been recorded, the report may not be transported for the rest of the day in such a way that it can be altered except to record information pertaining to additional fishing trips taken that day. The report shall be presented to a department representative upon request and shall be retained as part of the commercial fisher's records under s. 29.519 (5), Stats.

NR 25.13(5)(c)4. 4. Upon reestablishing the functionality of the electronic reporting unit, the licensee shall enter the estimated catch for the date under subd. 2. or 3. and submit it electronically to the department as required under par. (d) 2.

NR 25.13(5)(d) (d) Except as provided in par. (e), by the end of the day, the commercial fisher or a crew member of the commercial fisher shall:

NR 25.13(5)(d)1. 1. Weigh the pounds of landed catch.

NR 25.13(5)(d)2. 2. Log on to the electronic fish reporting system by computer or hooking up the portable electronic reporting unit as required by the department and enter and submit all the daily fishing activity information required on the electronic form. The report of daily fishing activity shall include the complete name, address and commercial fishing license number or fleet reporting number of the commercial fisher; the name or number of the boat fished from; the location fished; the date of each day's fishing activity; the kind and amount of commercial fishing gear used; the weight in pounds of each species of fish or fish parts landed; and any other information required on the electronic form.

NR 25.13(5)(d)3. 3. Every 2 weeks, the commercial fisher shall print and sign the printed biweekly confirmation report of daily fishing activity generated by the electronic reporting system and keep the report as part of his or her commercial fishing records required under s. 29.519 (5), Stats.

NR 25.13(5)(e) (e) When the landed catch cannot be weighed by the end of the day, the commercial fisher or crew member shall call a department designated telephone number before the end of the day and notify the department of the commercial fisher's name, commercial fishing license number or fleet reporting number, species of fish and that the landed catch cannot be weighed and reported until the next day.

NR 25.13(5)(f) (f) The special electronic reporting requirements of this paragraph apply to fishing with trawls.

NR 25.13(5)(f)1. 1. After the last lift of the trip and prior to returning to dock or port, a commercial fisher or crew member fishing by trawl shall record the estimated weight in pounds of fish harvested by species and zone as provided under par. (c).

NR 25.13(5)(f)2. 2. By the end of the day, the commercial fisher or crew member fishing by trawl on the waters of Green Bay shall report to the department, as provided under par. (d), including the landed pounds of smelt and pounds of incidental catch as authorized by s. 29.519 (4m) (b), Stats.

NR 25.13(5)(f)3. 3. A commercial fisher or crew member fishing by trawl on the waters of Lake Michigan other than Green Bay, within 24 hours of landing the catch on all days except non-work days and days immediately preceding non-work days, shall electronically report to the department as provided under par. (d), the landed pounds of chubs and roe intended for human consumption, pounds of smelt and pounds of incidental catch as authorized by s. 29.519 (4m) (b), Stats. When trawl caught fish are landed on days that immediately precede non-work days and on non-work days, the commercial fisher or crew member shall report the landed catch within 48 hours of the estimated catch entry.

NR 25.13(5)(g) (g) No commercial fisher, crew member or agent may transport or cause to be transported, or deliver or receive or offer to deliver or receive for transportation to a location outside of Wisconsin, any fish or fish parts taken from outlying waters, unless the fish have been reported as part of a weighed catch as required under this section, unless otherwise authorized in writing by the department.

NR 25.13(6) (6) Fish intended for human consumption. The weight in pounds of any fish that in whole or in part is ultimately used for or intended for human consumption shall be reported as part of the commercial fisher's individual catch quota harvest or chub zone permit harvest by the commercial fisher who caught it.

NR 25.13(7) (7) Disposition records. Each commercial fisher shall maintain a printed disposition record in the English language of all fish harvested by the commercial fisher as required by s. 29.519 (5) (a) and (c), Stats., that includes all of the following:

NR 25.13(7)(a) (a) The complete name, address and commercial fishing license number of the commercial fisher.

NR 25.13(7)(b) (b) For each wholesale sale, each retail sale over 15 pounds and each donation over 15 pounds: the complete name, address and wholesale fish dealer license number, if any, of the buyer or recipient; the weight in pounds of each species of fish; condition of the fish and the date of each sale or donation.

NR 25.13(7)(c) (c) For each retail sale of 15 pounds or less and donation of 15 pounds or less, the condition of the fish, weight in pounds of each species of fish and the date of each sale or donation.

NR 25.13(7)(d) (d) For fish spoiled or otherwise destroyed or utilized, the condition of the fish, weight in pounds of each species of fish and the date of disposal or utilization.

NR 25.13(8) (8) Unrecorded or unreported fish. No person may possess, control, transport or cause to be transported any fish which has not been recorded or reported as required under ss. 29.503 and 29.519, Stats., and this chapter.

NR 25.13(9) (9) Annual inventory.

NR 25.13(9)(a)(a) Each commercial fisher required to be licensed under s. 29.519 (1m), Stats., shall complete an annual inventory of fish in possession, ownership or under control, including fish in cold storage facilities, and report that inventory to the department within 15 days of completion as required under s. 29.519 (5m), Stats. The inventory report shall be on forms available from the department and shall include the species, condition and weight in pounds of fish, the location of the fish by street address, date of the inventory, the commercial fishing license number or fleet reporting number, signature of the licensee and any other information required on the inventory report form.

NR 25.13(9)(b) (b) No later than 30 days after July 1, 2009, each commercial fisher shall complete the inventory required by par. (a) and submit the inventory report to the department. At the time the initial inventory report is submitted to the department, the commercial fisher shall also designate and advise the department of the month and day in which future annual inventory reports will be submitted. The licensee shall thereafter complete the annual inventory within 10 working days preceding that designated month and day.

NR 25.13(9)(c) (c) Within 30 days after the transfer of a commercial fishing license, the transferee shall complete an inventory of fish and submit an inventory report as required under par. (a). At the time the inventory report is submitted, the transferee shall designate and advise the department of the month and day on which the transferee will subsequently submit the annual inventory report. The transferee shall thereafter complete the annual inventory within 10 working days preceding that designated month and day.

NR 25.13(9)(d) (d) Upon written request to the department, a licensed commercial fisher may request a change in the date of the designated annual inventory report submittal. The effective date for the change may not be more than 15 months from the previous designated inventory report submittal date. A change in the annual inventory report submittal date may not be requested more than once per 12 months.

NR 25.13(9)(e) (e) A commercial fisher who does not possess, own or control any Great Lakes fish or sturgeon on the date of the annual inventory shall submit the inventory report to the department as required by pars. (a) and (b) indicating that the commercial fisher does not have any Great Lakes fish or sturgeon in possession, ownership or under control, including in cold storage facilities on the date of the inventory.

NR 25.13(10) (10) High value species. In addition to the reporting requirements contained in subs. (2) to (4), when fishing for a high value species, each commercial fisher or designated crew member shall file a float plan each day prior to the start of the day's fishing activity by calling a department designated telephone number.

NR 25.13(11) (11) Enhanced reporting. In addition to the reporting requirements contained in subs. (1) to (4), any person convicted of 2 or more violations of s. 29.503 or 29.519, Stats., or this chapter is subject to the enhanced reporting requirements of this section in addition to any court-ordered penalties, at the following levels:

NR 25.13(11)(a) (a) For conviction of harvesting more than 1,000 pounds of fish in excess of the person's annual quota, failing to report more than 2,000 pounds of catch during a 12-month period, fishing during the closed season, or possessing 200 pounds or more of fish in violation of ch. 29, Stats., or this chapter, the commercial fisher or designated crew member shall file a float plan each day prior to the start of the day's fishing activity by calling a department designated telephone number.

NR 25.13(11)(b) (b) For 3 or more violations of s. 29.503 or 29.519, Stats., or this chapter within a 36-month period, the commercial fisher or designated crew member shall file a float plan each day prior to the start of the day's fishing activity by calling a department designated telephone number.

NR 25.13(11)(c) (c) For more than 5 violations of s. 29.503 or 29.519, Stats., or this chapter within a 36-month period or 3 or more violations of s. 29.503 or 29.519, Stats., or this chapter within a 12-month period, in addition to the requirements of par. (b), upon returning to the dock, the commercial fisher or crew member shall weigh the catch not more than 30 minutes after landing and prior to loading or moving the fish from the dock or landing site, and enter and save the species and weight in pounds of the fish in the portable electronic reporting unit. If the actual weight in pounds of the fish is entered and saved in the portable electronic reporting unit prior to returning to shore, the commercial fisher or crew member is exempt from this paragraph.

NR 25.13(11)(d) (d) In the event that the weight of the fish cannot be entered or saved due to mechanical failure or other problems associated with the portable electronic reporting unit:

NR 25.13(11)(d)1. 1. The commercial fisher or crew member shall immediately notify the department of the problem and verbally provide the date, time, licensee's name, commercial fishing license number or fleet reporting number, boat name, zone of fishing and the weight in pounds of fish by species by calling a department designated telephone number.

NR 25.13(11)(d)2. 2. If the commercial fisher or crew member is unable to reach the department designated telephone number, the commercial fisher or crew member shall immediately complete a report on a paper form available from the department upon weighing the fish, but before loading the fish for transport. The report shall include the date, licensee's name, commercial fishing number or fleet reporting number, boat name, zone of fishing and the weight in pounds of the fish by species and grid, and the signature of the individual completing the report. The report shall be presented to a department representative upon request and shall be retained as part of the commercial fisher's records under s. 29.519 (5), Stats.

NR 25.13(11)(d)3. 3. Upon reestablishing the functionality of the electronic reporting unit, the licensee shall enter the weighed catch and other requested daily fishing activity data for the date and submit it electronically to the department as required under sub. (5) (c).

NR 25.13(11)(e) (e) A commercial fisher shall remain under the enhanced reporting requirements of this subsection for a period of 24 months from the date of conviction of the offense triggering this subsection.

NR 25.13 History History: Cr. Register, September, 1976, No. 249, eff. 10-1-76; renum. from NR 25.14 and am. Register, October, 1979, No. 286, eff. 11-1-79; renum. from NR 25.12, Register, January, 1985, No. 349, eff. 2-1-85; am. (2), cr. (3), Register, June, 1989, No. 402, eff. 7-1-89; am. (3) (intro.) and (b), Register, August, 1991, No. 428, eff. 9-1-91; am (2), Register, March, 1992, No. 435, eff. 4-1-92; CR 08-060: cr. (1) (title), (3) (title), (4) to (11), am. (2), (3) (intro.) to (b) Register June 2009 No. 642, eff. 7-1-09; corrections in (4) and (5) (c) 4. made under s. 13.92 (4) (b) 2. and 7., Stats., Register June 2009 No. 642.

NR 25.13 Note Note: See the table of Appellate Court Citations for Wisconsin appellate cases citing s. NR 25.13.

NR 25.135 NR 25.135 Fleet reporting programs.

NR 25.135(1) (1) Fleet reporting for Lake Superior.

NR 25.135(1)(a)(a) The department may authorize a person who holds more than one license under s. 29.519 (1m) (a), Stats., and s. NR 25.03 (1) (a) 3. for commercial fishing on Lake Superior to participate in a fleet reporting program involving those licenses if the person applies for fleet reporting on a form available from the department in accordance with s. NR 25.03 (3) prior to the start of the license year.

NR 25.135(1)(a)1. 1. The application shall include the person's name, commercial fishing license numbers, descriptions of the boats to be included in the fleet reporting program, and the order of the licenses to which the person's daily reported catch will be credited until the minimum production criteria of s. NR 25.03 (1) (b) are met for each license.

NR 25.135(1)(a)2. 2. All commercial fishing licenses held by the person shall be included in the fleet reporting program.

NR 25.135(1)(b) (b) The allowable gill net effort authorized under s. NR 25.09 (1) (am) and the number of nets authorized under s. NR 25.09 (1) (b) 3. for any license included in a person's fleet reporting program may be used for commercial fishing operations under the other licenses included in that person's fleet reporting program.

NR 25.135(2) (2) Fleet reporting for Lake Michigan.

NR 25.135(2)(a)(a) The department may authorize a person who holds more than one license under s. 29.519 (1m) (a), Stats., and s. NR 25.03 (2) (am) for commercial fishing on Lake Michigan to participate in a fleet reporting program involving those licenses if it determines that all of the following conditions are met:

NR 25.135(2)(a)1. 1. The person applies for fleet reporting on a form available from the department in accordance with s. NR 25.03 (3) prior to the start of the license year and the application includes all of the following:

NR 25.135(2)(a)1.a. a. The person's name, commercial fishing license numbers and descriptions of the boats to be included in the fleet reporting program.

NR 25.135(2)(a)1.b. b. For each license, a description of the individual catch quotas, by species and zone, "racehorse" chub fishing permits or "racehorse" smelt fishery permits to be included in the fleet reporting program.

NR 25.135(2)(a)1.c. c. The order of the licenses to which the person's daily reported catch will be credited until the minimum production criteria of s. NR 25.03 (2) (b) are met for each license.

NR 25.135(2)(a)1.d. d. After the minimum production criteria of s. NR 25.03 (2) (b) are met for all of the person's licenses, either the percentages of the person's daily reported catch, by species and zone, that will be credited to each license, until the applicable individual catch quotas under each license are reached, or the applicable "racehorse" fisheries close, or the order of the licenses to which all of the daily reported catch, by species and zone, will be applied until the applicable individual catch quota under each license is reached or the applicable "racehorse" fisheries close.