NR 19.05(3)(b)
(b) Live fish or live fish eggs that have been tested for Viral Hemorrhagic Septicemia using methods approved by the department of agriculture, trade and consumer protection and that were found to be free of the Viral Hemorrhagic Septicemia virus.
NR 19.05(3)(c)
(c) Live fish or live fish eggs being transported with the prior written approval of the department, where the department has determined that the proposed activity will not allow Viral Hemorrhagic Septicemia virus to be transported to other waters.
NR 19.05(3)(d)
(d) Live minnows being transported away from the water where they were taken by a bait dealer who harvested the minnows in compliance with a wild bait harvest permit issued under s.
NR 19.057.
NR 19.05(3)(e)
(e) Live minnows that were obtained from a Wisconsin bait dealer and subsequently possessed by the person while on an inland or outlying water, its bank or shore, if the minnows have not been exposed to water or fish from that inland or outlying water.
NR 19.05(3)(f)
(f) Live minnows that were obtained from a Wisconsin bait dealer and subsequently possessed by the person while on an inland or outlying water, its bank or shore, if the minnows will be used for bait only on the same inland or outlying water, its bank or shore.
NR 19.05(4)
(4) Except as authorized under permits pursuant to ch.
NR 40 and
50 CFR 16.22, no person may transport Asian carp over land within or through Wisconsin unless the Asian carp have been eviscerated or the gills plate completely severed so that the fish cannot be revived under any circumstances.
NR 19.05 History
History: 1-2-56; am. (2),
Register, October, 1969, No. 166, eff. 1-1-70; renum. from WCD 19.05 to be NR 19.05, and am. (1), (2) and (3),
Register, April, 1971, No. 184, eff. 5-1-71; r. and recr.
Register, August, 1977, No. 260, eff. 9-1-77;
CR 03-030: am. (1)
Register October 2003 No. 574, eff. 11-1-03; emerg. am. (title), cr. (3), eff. 11-2-07;
EmR0808: emerg. cr. (3) (e) and (f), eff. 4-4-08;
CR 07-074: am. (title), cr. (3)
Register May 2008 No. 629, eff. 6-1-08;
CR 15-023: cr. (4)
Register December 2015 No. 720, eff. 1-1-16.
NR 19.055
NR 19.055 Drainage of water from boats and equipment required. NR 19.055(1)(1)
Except as provided in subs.
(3) to
(5), any person who removes a boat, boat trailer, boating equipment or fishing equipment from any inland or outlying water or its bank or shore shall drain all water from the boat, boat trailer, boating equipment or fishing equipment, including water in any bilge, ballast tank, bait bucket, live well or other container immediately after removing the boat, boat trailer, boating equipment or fishing equipment from the water, bank or shore.
NR 19.055(2)
(2) Except as provided in subs.
(3) and
(4), no person may transport over land from another state any boat, boat trailer, boating equipment or fishing equipment for use on any water of the state or its bank or shore unless the person drains all water from the boat, boat trailer, boating equipment or fishing equipment, including water in any bilge, ballast tank, bait bucket, live well or other container before entering the state.
NR 19.055(3)
(3) The department may exempt any boat, boat trailer, boating equipment or fishing equipment in writing from sub.
(1) or
(2) if it determines that it will not allow Viral Hemorrhagic Septicemia virus to be transported to other waters.
NR 19.055(4)
(4) Subsections
(1) and
(2) do not apply to tanks or containers of potable drinking water or other beverages meant for human consumption.
NR 19.055(5)
(5) Subsection
(1) does not apply to water in a container that holds live bait minnows obtained from a Wisconsin bait dealer, if the container holds no other fish, contains 2 gallons or less of water, and is used to transport only live minnows that have not been exposed to water or fish from that inland or outlying water or will be used for bait only on the same inland or outlying water, its bank or shore.
NR 19.055 History
History: Emerg. cr. eff. 11-2-07;
EmR0808: emerg. cr. (5), eff. 4-4-08;
CR 07-074: cr.
Register May 2008 No. 629, eff. 6-1-08.
NR 19.057
NR 19.057 Bait dealer's wild harvest permit required; criteria; records required. NR 19.057(1)(1)
No bait dealer may take minnows for use as bait from any inland or outlying water unless the bait dealer possesses a wild harvest permit issued by the department under this section and the bait dealer complies with all terms and conditions of the wild harvest permit. A bait dealer shall apply for a permit in the form specified by the department. Applications may be submitted no later than 30 days prior to the proposed starting date of harvesting. The department shall act on a complete permit application within 10 business days after receipt, based on the criteria in sub.
(2). Except as provided in sub.
(5), permits shall be valid for the dates specified on the permit to December 31 of each year, and shall require compliance with all minnow collecting requirements. A complete application shall include the applicant's name, street address, bait dealer's license number if any, the specific water body where bait will be harvested, the town, range and section where bait will be harvested, the species of bait that will be harvested, the maximum quantity of bait expected to be harvested, and any other information required on the application form.
NR 19.057 Note
Note: See s.
NR 20.14 for general minnow collecting restrictions, s.
NR 20.20 for county and statewide restrictions on waters, authorized methods, open seasons, size limits, bag limits and other restrictions, and s.
NR 20.39 for permits authorizing the use of non-standard minnow gear on inland waters.
NR 19.057(1m)
(1m) The permit holder may apply to the department, on the forms designated by the department, to request amendments to a wild harvest permit to modify the species targeted, waters fished, or harvest gear to be used. The permit holder shall submit the amendment request no later than 30 days prior to the desired effective date of the amendment. The permit holder may not submit more than 10 amendment requests each year.
NR 19.057 Note
Note: The amendment request form is available at
https://dnr.wi.gov, search “bait harvest.”
NR 19.057(2)
(2) The department shall grant an application for a wild harvest permit under this section if it determines that all of the following criteria are met, but the department may set specific conditions in permits or deny applications when necessary to ensure compliance with this section and prevent or control the spread of the Viral Hemorrhagic Septicemia virus or other invasive species:
NR 19.057(2)(a)
(a) The applicant is a bait dealer who holds a bait dealer's license or is exempt under s.
29.509 (3), Stats., from the requirement to hold a bait dealer's license.
NR 19.057(2)(b)
(b) Minnows may not be taken from Lake Michigan, Green Bay, Lake Superior, the Mississippi River, Lake Winnebago, the Fox River from Lake Winnebago to Green Bay, or any bay, slough or backwater of these waters, or any water connected to these waters, upstream to the first dam or other obstruction impassible to fish, or from any other waters where the department has reason to believe that the Viral Hemorrhagic Septicemia virus may be present, or where other invasive species may be present.
NR 19.057(2)(c)
(c) Minnow gear and harvest and transport equipment shall be disinfected after use to prevent the spread of the Viral Hemorrhagic Septicemia virus and other invasive species.
NR 19.057(2)(d)
(d) Minnows taken from inland or outlying waters may not be given, sold or bartered to another person unless applicable fish health requirements specified by the department of agriculture, trade and consumer protection in ch.
ATCP 10 have been met.
NR 19.057(2m)
(2m) The department may, at any time, revoke or modify a permit issued under this section if it determines that the requirements, terms, or conditions of the permit are not being met, followed, or adhered to, or to ensure compliance with this section, or to prevent or control the spread of the Viral Hemorrhagic Septicemia virus or other invasive species. A permit revocation or modification shall become effective upon department notification by email or 3 business days after the permit holder receives the notification by mail at the address shown on the permit, whichever occurs first.
NR 19.057(3)(a)(a) Each permit holder or the permit holder's employee shall maintain a clear, legible daily record in the English language on department forms of all minnow harvest activities conducted under the permit which the department requires to be reported, which may include setting, tending, moving, or removing minnow harvest gear, or the removal of minnows from harvest gear, from any inland or outlying water. The record shall include the water body of origin, the latitude and longitude or nearest road crossing where harvested, the species harvested, the date of harvest, the gear type and amount used, the weight or volume of each species harvested by waterbody for all gear lifts conducted during that day's trip to the waterbody, the disposition of the minnows, except that retail sales to consumers need not be recorded, the signature of the permit holder, and any other information required on the record form.
NR 19.057(3)(b)
(b) The permit holder shall ensure that all information required under par.
(a), except for the disposition of the minnows, is accurately recorded at the time that the permit holder or the permit holder's employee sets, tends, lifts, moves, or removes the gear in the waterbody and empties the gear of fish and before the permit holder or permit holder's employee leaves the site where the minnows were loaded for transport. The permit holder or employee shall record the final disposition of the minnows to sources other than retail sales to final consumers at the time of disposition.
NR 19.057(3)(c)
(c) The permit holder or the permit holder's employee shall submit a report of all daily records recorded under pars.
(a) and
(b) no later than the 10th day of the month following the month of harvest in the form specified by the department. After December 31, 2027, the permit holder or the permit holder's employee shall submit the report forms electronically to an electronic reporting system designated by the department by 11:59 p.m. the day the minnows are removed from the harvest gear.
NR 19.057(3)(d)
(d) The permit holder shall maintain all records required under this subsection for no less than 2 years after the expiration of the permit and shall make the records available to a department representative for inspection upon request at all reasonable hours.
NR 19.057(4)
(4) No bait dealer may possess farm-raised fish while engaged in the harvest of wild bait, or while transporting wild harvested bait from the water where it was harvested to the bait dealer's business location or from the water where it was harvested to the point of sale.
NR 19.057(5)
(5) The department may issue a wild harvest permit that is valid for the dates specified on the permit if the permit is for the harvest of minnows from a water of the state stocked with minnows by the applicant pursuant to a stocking permit under s.
29.736, Stats., or for the harvest of minnows from a lake stocked with minnows by the applicant pursuant to a permit for private management under s.
29.737, Stats. The department may issue a wild harvest permit under this section in conjunction with a stocking permit or a permit for private management.
NR 19.057 History
History: Emerg. cr. eff. 11-1-07;
CR 07-074: cr.
Register May 2008 No. 629, eff. 6-1-08;
CR 23-053: am. (1), cr. (1m), am. (2) (intro.), cr. (2m), renum. (3) to (3) (a) and am., cr. (3) (b) to (d), am. (5) Register April 2024 No. 820, eff. 5-1-24. NR 19.0575
NR 19.0575
White sucker spawning permit required. NR 19.0575(1)(1)
No bait dealer may take the eggs or milt from white suckers caught from any inland or outlying water for the purpose of rearing the offspring as bait unless the bait dealer is 18 years of age or older and possesses a white sucker spawning permit from the department. The permit holder shall comply with all terms and conditions of the permit. Permits shall expire on December 31 each year. The bait dealer shall include all of the following information on the permit application:
NR 19.0575(1)(b)
(b) The bait dealer's license number or department customer identification number.
NR 19.0575(1)(c)
(c) The types and quantities of harvest gear to be used in each waterbody to collect white suckers for egg or milt harvest.
NR 19.0575(1)(d)
(d) The volume in quarts of white sucker eggs, milt, or both that the bait dealer is requesting to harvest from each waterbody.
NR 19.0575(1)(e)
(e) The waters where the bait dealer will harvest the white sucker eggs or milt.
NR 19.0575 Note
Note: “
White sucker” refers to the species Catostomus commersonii.
NR 19.0575 Note
Note: See s.
NR 20.14 for general minnow collection restrictions, s.
NR 20.20 for county and statewide restrictions on waters, authorized methods, open season, size limits, bag limits and other restrictions, and s.
29.401, Stats., for gear use restrictions.
NR 19.0575(2)
(2) The department may issue a white sucker spawning permit under this section if it determines that all of the following criteria are met, and may set specific conditions in the permit or deny applications when necessary to ensure compliance with this section, prevent or control the spread of viral hemorrhagic septicemia virus or invasive species, and maintain a supply of suckers that is sufficiently adequate to replenish the population and sustain ecosystem function in the water of harvest:
NR 19.0575(2)(a)
(a) The applicant is a bait dealer who holds a bait dealer's license or is exempt under s.
29.509 (3), Stats., from the requirement to hold a bait dealer's license.
NR 19.0575(2)(b)
(b) The eggs or milt will not be collected from white suckers in Lake Michigan, Green Bay, Lake Superior, the Mississippi River, Lake Winnebago, the Fox River from Lake Winnebago to Green Bay, or any bay, slough or backwater of these waters, or any water connected to these waters upstream to the first dam or other obstruction impassable to fish, or from any other water where the department has reason to believe that viral hemorrhagic septicemia virus may be present or where other invasive species may be present.
NR 19.0575(3)
(3) The permit holder shall notify the department, in the manner specified by the department, at least 12 hours in advance of white sucker collection for the purpose of egg or milt harvest and shall provide all of the following information:
NR 19.0575(3)(d)
(d) The names of any employees operating under the permit holder's sucker harvest permit.
NR 19.0575(4)
(4) The permit holder shall comply with all of the following restrictions:
NR 19.0575(4)(b)
(b) Nets may not be attended, set, or lifted from one hour after sunset to one hour before sunrise.
NR 19.0575(4)(c)
(c) The permit holder may not use or possess hook and line fishing gear while engaged in operations under the authority of the permit.
NR 19.0575(4)(d)
(d) The permit holder and all employees working under the direction of the permit holder shall carry a current, valid copy of the white sucker spawning permit while conducting egg and milt harvesting activities.
NR 19.0575(5)
(5) The permit holder or employees working under the direction of the permit holder shall immediately return unharmed to the water all fish other than white suckers captured in sucker harvest gear. All suckers from which eggs or milt are collected shall be returned unharmed to the water immediately following egg or milt collection, unless the permit holder has been issued a wild bait harvest permit for that waterbody and keeps the suckers as authorized under the wild bait harvest permit. All dead suckers removed from the harvest gear shall be disposed of away from the water, bank, or shore of the waterbody.
NR 19.0575(6)
(6) The permit holder or employees working under the direction of the permit holder shall disinfect all sucker harvest gear and transport equipment after use to prevent the spread of viral hemorrhagic septicemia virus and other invasive species.
NR 19.0575(7)
(7) The permit holder or employees working under the direction of the permit holder shall decontaminate all eggs harvested within 24 hours of harvest.
NR 19.0575(8)
(8) The permit holder shall maintain clear, legible daily records in the English language on forms available from the department of the total volume of eggs harvested per waterbody. The record shall include the waterbody of origin of the white suckers from which the eggs or milt were harvested, the nearest road crossing or latitude and longitude to where the white sucker eggs or milt were harvested, the number of white suckers collected in all gear per waterbody that day, the date of harvest, and any other information required on the record form. The permit holder shall submit the records to the department within 7 days following harvest. The permit holder shall retain all harvest records for a period of 2 years.
NR 19.0575 History
History: CR 23-053: cr. Register April 2024 No. 820, eff. 5-1-24. NR 19.058
NR 19.058 Sport trolling. No operator of a boat may engage in trolling, as defined in s.
NR 20.03 (40), with the use of downriggers on outlying waters, as defined in s.
29.001 (63), Stats., without direct and immediate access to a wire cutter or other hand-held device on board capable of immediately severing any fishing line or cable being used in the water behind the boat.
NR 19.058 History
History: CR 12-022: cr.
Register May 2013 No. 689, eff. 6-1-13.
NR 19.06(1)(1)
It shall be unlawful for any person or persons to take, catch or kill fish or fish for fish of any species when such fish are being held in any fish net, fish holding net, fish trap, fish pond, either artificial or natural, or any structure or net placed in any of the waters of the state by the department or under its authority for the purpose of taking or holding fish therein at any time, or for any person or persons to lift, molest, cut or destroy any fish net, fish holding net, fish trap, fish pond, or any structure or net placed in any of the waters of the state by the department or under its authority for the purpose of taking or holding fish therein.
NR 19.06(2)
(2) It shall be unlawful for any person or persons to take, catch, capture or kill fish or pursue fish in any fishing operations within 500 feet above or 500 feet below any net, dam or weir wherein the state of Wisconsin is fishing or holding fish for commercial, scientific, or biological purposes, when the area is properly posted by the department.
NR 19.06(3)
(3) No provisions in this section shall prohibit the department, its agents, deputy conservation wardens or representatives of the division of fish, game and enforcement of such department from taking any of the fish mentioned in any of the sections of this order at any time or from lifting, setting, or transferring any nets or structures used in holding or capturing fish, wherein they deem it advisable and necessary to promote the department fish management program.
NR 19.06 History
History: 1-2-56; am. (1),
Register, December, 1960, No. 60, eff. 1-1-61; am. (1),
Register, December, 1961, No. 72, eff. 1-1-62; renum. from WCD 19.06 to be NR 19.06 and am. (1), (2) and (3),
Register, April, 1971, No. 184, eff. 5-1-71.
NR 19.07
NR 19.07 Commercial fishing studies on inland, outlying, and boundary waters. The department may authorize commercial fishing studies, pursuant to s.
23.09 (2) (h) and
(k), Stats., that contribute to increased, useful scientific knowledge of fisheries management and that may include one or more participating commercial fishing licensees. The department may authorize a commercial fishing study to be conducted at a time, in a location, or using a gear type for which commercial fishing is otherwise restricted by department rules.
NR 19.07 Note
Note: Nothing in this section precludes a commercial fishing licensee operating under s.
29.519 (1m) or
(4),
29.523 (1),
29.526 (1),
29.529,
29.531, or
29.533, Stats., and operating under the rules and regulations of chs.
NR 20,
21,
22, or
25 from conducting independent research on their own commercial fishing practices and commercial harvest.
NR 19.07 History
History: CR 21-058: cr.
Register March 2022 No. 795, eff. 4-1-22; correction made under s.
35.17, Stats.,
Register March 2022 No. 795.
NR 19.09
NR 19.09 Wild rice conservation. NR 19.09(1)(a)
(a) No person may remove or destroy by hand, mechanical or chemical means wild rice growing in navigable lakes unless the department has approved the removal or destruction under par.
(b).
NR 19.09(1)(b)
(b) In addition to harvest in accordance with s.
29.607, Stats., and subs.
(2) to
(8), the department may authorize by written approval the removal of wild rice growing in navigable lakes upon a finding that:
NR 19.09(1)(b)1.
1. The wild rice resource in the navigable lake will not be substantially affected. The department may consider cumulative effects of an approval on such a lake under this paragraph; and
NR 19.09(1)(b)2.
2. The removal or destruction is necessary to allow reasonable access to the lake by the riparian owner.
NR 19.09(1)(c)
(c) Persons requesting an approval under this subsection, shall apply on department forms and provide information requested by the department.
NR 19.09 Note
Note: The forms may be obtained from department regional offices.
NR 19.09(2)
(2) A closed season is established for the harvesting or gathering of wild rice in the following described areas at all times except as hereinafter provided and it is unlawful for any person to harvest or gather wild rice in any manner or at any time during such closed season.
NR 19.09(3)
(3) The secretary is authorized and directed, after determining by investigation and study that the wild rice is ripe, to designate the open season for harvesting or gathering wild rice in each of the areas described in sub.
(4). The open season in any area may continue in effect for not more than 60 days. The open season in any area as designated by the secretary pursuant to this subsection shall be put into effect by posting of proper notice of the open season on the shores of, and at places of public access to, the lakes and streams in which the open season is effective at least 24 hours before the beginning of the open season.
NR 19.09(4)
(4) There is no closed season for the harvesting of wild rice in any other area of the state of Wisconsin not herein described:
NR 19.09(4)(c)
(c) Burnett county. Clam lake, Briggs lake, Gaslyn lake, Long lake, and Mud lake, town of Oakland.
NR 19.09(4)(d)
(d) Douglas county. Mulligan lake and the state and county owned beds of the Minong Flowage.
