NR 20.07(1)(1)Carcass tags. No person may:
NR 20.07(1)(a) (a) Fish for lake sturgeon unless in possession of a valid, unique carcass tag that has not already been used to harvest a sturgeon. A tag is not valid when fishing on waters not authorized by the tag, or if the tag is expired. A tag is not valid when fishing with gear that is not authorized for use with the tag. Fishing for lake sturgeon where hook and line fishing is allowed and when the hook and line season is open, while not in possession of a valid carcass tag, is not a violation of this par. if in compliance with par. (e).
NR 20.07(1)(b) (b) Upon harvesting a lake sturgeon, fail to immediately validate the carcass tag that authorized the harvest.
NR 20.07(1)(c) (c) Possess or transport the carcass of a lake sturgeon unless also in possession of the validated carcass tag that authorized the harvest.
NR 20.07(1)(d) (d) Fail to keep a validated carcass tag in good, legible condition so as to permit meaningful inspection by the department. Carcass tags shall remain intact except that part of a tag may be separated as designated by the department on the tag as a means of validation.
NR 20.07(1)(e) (e) Fail to immediately release a lake sturgeon caught by hook and line methods unless the person is in compliance with the requirements of this section.
NR 20.07(1)(f) (f) Prior to registration, possess or transport the carcass of a lake sturgeon which is tagged with or possessed under the authority of a validated carcass tag of another person unless accompanied by the person issued the carcass tag.
NR 20.07(1)(g) (g) While on any water, bank or shore, or while fishing, possess a validated carcass tag, or any copy of a unique carcass tag already used to harvest a sturgeon, unless the person is also in possession of the legally killed lake sturgeon corresponding to that carcass tag.
NR 20.07(1)(h) (h) Validate or attach a carcass tag to a lake sturgeon harvested by another, or taken by unlawful or unknown means.
NR 20.07(1)(i) (i) Possess more than one copy of a unique carcass tag while on any water, bank or shore, or while fishing..
NR 20.07(1)(j) (j) Purchase more than one hook and line lake sturgeon carcass tag for inland or outlying waters per season except that one additional hook and line lake sturgeon carcass tag may be purchased for Wisconsin-Michigan boundary waters per season.
NR 20.07 Note Note: Each hook and line sturgeon carcass tag displays a unique identifier that corresponds to the license issued.
NR 20.07(2) (2)Tagging and possession. No person may:
NR 20.07(2)(a) (a) Possess a lake sturgeon unless they immediately validate the carcass tag by separating a designated portion of the tag or by marking it as designated by the department on the tag. Failure to completely validate the carcass tag renders possession of the animal illegal and the carcass tag invalid.
NR 20.07(2)(b) (b) Possess a lake sturgeon which is being transported in any manner from the time the sturgeon is taken into possession to the time it is lawfully registered pursuant to sub. (6) unless the sturgeon is carried openly exposed.
NR 20.07(2)(c) (c) Possess a lake sturgeon speared from Lake Butte des Morts, Lake Poygan or Lake Winneconne under s. NR 20.20 (73) (e) 2. b. outside the following area unless the sturgeon has been registered pursuant to sub. (6): from the intersection of highways 45 and 21 in Oshkosh west on highway 21 to highway 116; north on highway 116 to county highway B; west on county highway B to county highway D; west on county highway D to highway 49; north on highway 49 to county highway H; east on county highway H to highway 110; east on highway 110 to county highway II; south on county highway II to county highway M; south on county highway M to highway 116; east on highway 116 to highway 45; south on highway 45 to highway 21.
NR 20.07(2)(d) (d) Possess a lake sturgeon speared from Lake Winnebago under s. NR 20.20 (73) (e) 2. b. outside the following area unless the sturgeon has been registered pursuant to sub. (6): from the intersection of highways 10 and 114 in Menasha, east on highway 114 to highway 55; south on highway 55 to U.S. highway 151; south on U.S. highway 151 to Winnebago drive in Fond du Lac; west on Winnebago drive to Scott street; west on Scott street to highway 45; north on highway 45 to Main street in Oshkosh; north on Main street to Waugoo avenue; east on Waugoo avenue to Bowen street; north on Bowen street to county highway A; north on county highway A to highway 114 in Neenah; east on highway 114 to the intersection of highways 10 and 114 in Menasha.
NR 20.07(3) (3)Display. No person may refuse or fail to display a validated carcass tag or registration verification number to the department or its wardens upon request.
NR 20.07(4) (4)Attachment. No person who kills a lake sturgeon may leave the carcass unless the tag has been attached to the carcass.
NR 20.07 Note Note: Tags may be attached using string, plastic ties, wire or in any manner which results in the tag being secured to the carcass in a visible manner. Carcass tags may be protected from environmental elements in sealed clear plastic bags.
NR 20.07(5) (5)Removal and retention. A carcass tag attached as required in this section may be removed by the department at the time of registration, except that no person may remove a registration tag attached under sub. (6) prior to butchering or preparation by a taxidermist. The registration tag shall be retained by the person who harvested the sturgeon until the meat is consumed.
NR 20.07(6) (6)Registration. No person who harvests a lake sturgeon may fail to register the fish as follows:
NR 20.07(6)(a) (a) In an intact condition.
NR 20.07(6)(b) (b) At a lake sturgeon registration station established by the department.
NR 20.07(6)(c) (c) By 5:00 p.m. on the day after it was harvested, if taken by hook and line.
NR 20.07(6)(d) (d) By 2:00 p.m. on the same day it was harvested, if taken by spearing.
NR 20.07(7) (7)Research. The department may require that any part of a sturgeon shall be collected, sampled, or submitted to the department for research purposes. No person may fail to comply with any collection, sampling, or submission procedure required by the department.
NR 20.07 History History: Cr. Register, May, 1999, No. 521, eff. 6-1-99; CR 04-024: am. (1) Register December 2004 No. 588, eff. 1-1-05; CR 09-051: am. (5) Register June 2010 No. 654, eff. 7-1-10; EmR1613: emerg. am. (1), cr. (1m), (1r), (1v), am. (2) to (5), cr. (6), (7), eff. 3-12-16; EmR1712: emerg. am. (1v), eff. 6-17-17; CR 17-061: r. and recr. Register February 2018 No. 746, eff. 3-1-18; correction in numbering (4) (a) made under s. 13.92 (4) (b) 1., Stats., Register March 2018 No. 747.
NR 20.08 NR 20.08 Restrictions on the use of bait. No person may do any of the following:
NR 20.08(1) (1)Use goldfish as bait or possess goldfish in any form or manner on any water of the state.
NR 20.08(2) (2)Use alewife as bait or possess alewife in any form or manner on any water of the state except Lake Michigan, Lake Michigan tributaries, Green Bay, major Green Bay tributaries, and all other tributary streams, rivers and ditches to Green Bay upstream to the first dam or lake.
NR 20.08(3) (3)Release any unused bait into any waters of the state unless issued a permit pursuant to s. 29.736, Stats.
NR 20.08(4) (4)Use as bait, possess or release any minnows or other fish on the waters or shores of waters that have been chemically treated for trout management when posted by department signs.
NR 20.08(5) (5)Take, gather, collect, possess or attempt to take, gather or collect larvae or nymphs of aquatic insects from any trout stream for use or sale as bait except that a licensed angler may take larvae or nymphs from trout streams by hand during the open trout season for immediate use as bait only in the trout stream from which the larvae or nymphs were taken.
NR 20.08(6) (6)Possess for use as bait, or use as bait any live fish or live fish eggs if obtained outside of, or brought into, the state of Wisconsin, except for the following:
NR 20.08(6)(a) (a) Live fish or live fish eggs imported in compliance with the department of agriculture, trade and consumer protection's import and health requirements in ch. ATCP 10.
NR 20.08 Note Note: Section ATCP 10.62 (1) prohibits the importation into Wisconsin of live fish or live fish eggs for use as bait without a written import permit from the department of agriculture, trade and consumer protection.
NR 20.08(6)(b) (b) Live fish or live fish eggs obtained in Minnesota or Iowa and used as bait in or on waters of the Mississippi River lying between the Chicago, Milwaukee, St. Paul and Pacific railroad tracks on the Iowa or Minnesota side of the river, and the Burlington Northern and Santa Fe railroad tracks lying on the Wisconsin side of the river, including all sloughs and backwaters, bays and newly extended water areas connected with the main channel of the Mississippi River by a channel which is navigable when the waters are approximately equal to the normal pool elevation as created by the U.S. army corps of engineers and in the waters of Lake St. Croix, and the St. Croix River and the St. Louis River as defined in s. NR 21.02 (39).
NR 20.08(7) (7)Possess for use as bait, or use as bait any dead fish, dead fish egg or any part of any dead fish or dead fish egg unless at least one of the following applies:
NR 20.08(7)(a) (a) It is being possessed or used on Lake Michigan, Green Bay or any waters connected to these waters upstream to the first dam or other obstruction impassable to fish.
NR 20.08(7)(b) (b) It is being possessed or used on the same water body from which it was obtained, or on any water connected to that water body that is not separated by a dam or other obstruction impassable to fish.
NR 20.08(7)(c) (c) It has been preserved in a manner that does not require either refrigeration or freezing.
NR 20.08(7)(d) (d) It is a minnow that is a “live fish" as defined in s. NR 20.03 (19g) and was obtained and possessed lawfully from waters of the state or it was imported in compliance with sub. (6) (a) or (b).
NR 20.08 History History: Cr. Register, May, 1999, No. 521, eff. 6-1-99; CR 01-012: am. (2), Register November 2001 No. 551, eff. 4-1-02; emerg. cr. (6) and (7), eff. 11-2-07; CR 07-074: cr. (6) and (7) Register May 2008 No. 629, eff. 6-1-08; CR 10-053: am. (6) (b) Register December 2010 No. 660, eff. 1-1-11; CR 19-091: am. (7) (a), (b) Register March 2020 No. 771, eff. 4-1-20.
NR 20.09 NR 20.09 Spearing restrictions. No person may do any of the following:
NR 20.09(1) (1)Possess or control any bow, spear, or similar device while on any water or on the banks or shores of any water that might be used for the purpose of fishing except as specifically authorized in s. NR 20.15 (1m) or 20.20 or ch. NR 21, 22, or 23.
NR 20.09(2) (2)Use, possess, or control any bow, spear, or similar device from sunset to sunrise while on the waters or on the banks or shores of any waters except as authorized in s. NR 20.20, and that a bow and arrow or crossbow may be possessed and used for spearing rough fish, bullheads and catfish from sunset to sunrise during the open season for spearing rough fish.
NR 20.09(3) (3)Spear any game fish except that:
NR 20.09(3)(a) (a) White bass, yellow bass, rock bass, panfish and bullheads may be speared while skin diving or scuba diving during the open season for rough fish spearing on waters specified in s. NR 20.20, provided that the season for white bass, yellow bass, rock bass, panfish and bullheads is also open on the same water. Daily bag limits and size restrictions specified in s. NR 20.20 for white bass, yellow bass, rock bass, panfish and bullheads also apply.
NR 20.09(3)(b) (b) Flathead and channel catfish may be taken with a bow and arrow or crossbow during the open season for taking catfish with a bow and arrow or crossbow on waters specified in s. NR 20.20.
NR 20.09(3)(c) (c) Bullheads may be taken with a bow and arrow or crossbow during the open season for taking bullheads with a bow and arrow or crossbow on waters specified in s. NR 20.20.
NR 20.09 History History: Cr. Register, May, 1999, No. 521, eff. 6-1-99; am. (2), Register, February, 2000, No. 530, eff. 4-1-00; CR 01-012: am. (3), Register November 2001 No. 551, eff. 4-1-02; CR 02-073: am. (2), Register January 2003 No. 565, eff. 2-1-03; CR 04-024: am. (3) Register December 2004 No. 588, eff. 1-1-05; CR 09-051: am. (2) Register June 2010 No. 654, eff. 7-1-10; CR 13-001: am. (1), (2) Register August 2013 No. 692, eff. 9-1-13; CR 13-019: am. (1), (2) Register December 2013 No. 696, eff. 4-1-14; CR 19-009: am. (2), renum. (3) to (3) (intro.) and am., cr. (3) (b), (c) Register February 2020 No. 770, eff. 3-1-20.
NR 20.10 NR 20.10 Special lake sturgeon spearing restrictions. No person may do any of the following:
NR 20.10(1) (1)Fish for sturgeon on Lake Winnebago system waters by any means other than spearing with a spear thrown by hand from inside a fishing shelter placed on the ice during the open season specified in s. NR 20.20 (73) (e).
NR 20.10(2) (2)Fish with or possess a fishing pole, hook and line or other similar devices that might be used for the purpose of catching fish within any fishing shelter containing an ice hole larger than 12 inches in diameter or square during the open season for spearing lake sturgeon on waters specified in s. NR 20.20 (73) (e).
NR 20.10(3) (3)Cover holes cut in the ice which are used or maintained for sturgeon spearing pursuant to s. NR 20.11 (2) with a fishing shelter except during the period from 48 hours before and continuing through the open season for lake sturgeon spearing.
NR 20.10(4) (4)Use or possess any artificial light while sturgeon spearing in order to illuminate any waters open to sturgeon spearing during the period beginning 48 hours before and continuing through the open season for lake sturgeon spearing.
NR 20.10(5) (5)Cut, use or maintain holes in the ice larger than 48 square feet for sturgeon spearing pursuant to s. NR 20.11 (2).
NR 20.10(6) (6)Fish for sturgeon during the open season by the method of spearing or possess or control a spear or similar device within a fishing shelter on Lake Winnebago system waters from 12 a.m. until 7 a.m. on opening day, and from 1:00 p.m. until 7:00 a.m. on opening day and subsequent days.
NR 20.10(7) (7)   Fish for lake sturgeon with a spear having a spearhead width greater than 18 inches measured between the outside edges of the tines or with tines arranged in any formation other than a single straight line or both, or possess such a spear during the open season for lake sturgeon.
NR 20.10(8) (8) Possess, maintain or control a spear in a sturgeon fishing shelter unless in possession of a valid sturgeon spearing license and unused carcass tag for the waterbody on which that shelter is located.
NR 20.10 History History: Cr. Register, May, 1999, No. 521, eff. 6-1-99; CR 01-012: am. (4) to (6), (10) and (11), Register November 2001 No. 551, eff. 4-1-02; CR 01-013: cr. (3m) and (3s), Register November 2001 No. 551, eff. 12-1-01; CR 02-014: am. (10), cr. (10m), Register September 2002 No. 561, eff. 10-1-02; CR 03-014: cr. (1m) and (1r) Register November 2003 No. 575, eff. 4-1-04; CR 05-073: am. (1r) and (8) Register January 2006 No. 601, eff. 3-1-06; CR 13-019: am. (10), (10m) Register December 2013 No. 696, eff. 1-1-14; CR 15-014: am. (8), (9) Register December 2015 No. 720, eff. 1-1-16; EmR1613: emerg. am. (4), cr. (4m), am. (5) to (7), cr. (7m), am. (8), (10), (11), cr. (12), eff. 3-12-16; EmR1712: emerg. cr. (7m), eff. 6-17-17; CR 17-061: r. and recr. Register February 2018 No. 746, eff. 3-1-18; CR 17-051: am. (3), am. (3s) [recreated as (5) by CR 17-061], Register March 2018 No. 747 eff. 4-1-18; CR 19-016: cr. (7) Register March 2020 No. 771, eff. 4-1-20; CR 19-016: cr. (7) Register March 2020 No. 771, eff. 4-1-20; CR 19-091: am. (4), (6), cr. (7) Register March 2020 No. 771, eff. 4-1-20; (7), as cr. by CR 19-091, renum. to (8) under s. 13.92 (4) (b) 1. Register March 2020 No. 771.
NR 20.105 NR 20.105Sturgeon spearing licenses.
NR 20.105(1)(1)Upriver lakes license application procedures. Persons applying to spear sturgeon on the upriver lakes shall apply for an upriver lakes sturgeon spearing license as follows:
NR 20.105(1)(a) (a) Application deadlines . All upriver lakes sturgeon spearing license applications shall be received by the date established by the department to be considered for selection. The annual application deadline date may be no earlier than July 1.
NR 20.105 Note Note: The department conducts extensive publicity on the application deadlines beginning several months prior to any deadline. Application deadline dates are published in news releases, license outlet handouts, and pertinent regulation pamphlets. Applications may be obtained from any department license vendor. Applications and information may be obtained from the Bureau of Customer Service and Licensing address is 101 South Webster, Box 7924, Madison, WI 53707.
NR 20.105(1)(b) (b) Group applications . If a maximum of 4 persons wish to spear sturgeon on the upriver lakes together, each shall first apply for an individual upriver lakes sturgeon spearing license and then complete a group application form. The group application shall be treated as one application for purposes of random selection under the cumulative preference system and consideration for a license. The group's preference standing shall be that of the member with the lowest number of preference points. If the group is selected to receive upriver lakes sturgeon spearing licenses, all members of the group will lose all accumulated preference points.
NR 20.105(1)(c) (c) Prohibition of purchase of Lake Winnebago spearing license. No person who applies for an upriver lakes sturgeon spearing license may purchase a Lake Winnebago sturgeon spearing license in the same year, except unsuccessful applicants for an upriver lakes license may purchase a Lake Winnebago sturgeon spearing license after October 1.
NR 20.105(1)(d) (d) Applications for upriver lakes. No person may apply for an upriver lakes sturgeon spearing license unless they will become 12 years of age before or on the last day of the upcoming sturgeon spearing season.
NR 20.105(2) (2)Licensee selection procedures.
NR 20.105(2)(a)(a) If the number of applications for licenses for the upriver lakes sturgeon spearing season exceeds the available quota of licenses, successful applicants shall be randomly selected in accordance with the preference system established under s. 29.192 (4), Stats. No person may purchase an upriver lakes sturgeon spearing license unless they are a successful applicant who has received authorization to purchase from the department.
NR 20.105 Note Note: Section 29.192, Stats., Regulation of takings of certain wild animals. (4) If the department decides to limit the number of hunters or trappers taking Canada geese, sharp-tailed grouse, fishers, otters, bobcats or sturgeon by issuing permits and if the number of persons seeking the permits exceeds the number of available permits, the department shall issue the permits according to a cumulative preference system established by the department. The department shall give a preference point to each applicant for each previous season for which the applicant applied but was not issued a permit. The system shall establish preference categories for these applicants, with higher priority given to those categories with more points than those with fewer points. Applicants who fail to apply at least once during any 3 consecutive years shall lose all previously accumulated preference points. If the number of applicants within a preference category or a subcategory exceeds the number of permits available in the category or subcategory, the department shall select at random within the category or subcategory the applicants to be issued the permits.
NR 20.105(2)(b) (b) Upon selection, all successful applicants lose all accumulated preference points regardless of the length of the sturgeon spearing season or whether or not the successful applicant purchases a license. Unsuccessful applicants who subsequently purchase a Lake Winnebago sturgeon spearing license shall retain all accumulated preference points.
NR 20.105(3) (3)Notification and carcass tag issuance.
NR 20.105(3)(a)(a) The department shall issue a notice of approval to those qualified applicants selected to receive an upriver lakes sturgeon spearing license. A person who receives a notice of approval and who pays the fee in the manner required by the department shall be issued an upriver lakes spearing license.
NR 20.105(3)(b) (b) Each successful applicant for an upriver lakes sturgeon spearing license shall be issued a carcass tag by the department upon issuance of the license.
NR 20.105(3)(c) (c) If the number of applications for licenses for an upriver lakes sturgeon spearing season is less than the available quota of licenses, the department may make available the remaining upriver lakes sturgeon spearing licenses to any person who has not purchased either a Lake Winnebago or upriver lakes sturgeon spearing license on a first-come, first-served basis. The issuance of a tag under this paragraph will result in loss of preference points accumulated under the cumulative preference system.
NR 20.105 Note Note: No person may purchase more than one sturgeon spearing license for the same spearing season according to s. 29.024 (2) (c), Stats.
NR 20.105 History History: CR 05-073: cr. Register January 2006 No. 601, eff. 3-1-06; CR 13-001: am. (1) (d) Register August 2013 No. 692, eff. 9-1-13; CR 17-061: r. (4), (5) Register February 2018 No. 746, eff. 3-1-18.
NR 20.11 NR 20.11 Ice fishing and fishing shelter restrictions.
NR 20.11(1)(1)No person may construct, place, use, maintain or occupy a fishing shelter on the ice of any waters of this state unless:
NR 20.11(1)(a) (a) The name and residential address or department of natural resources customer identification number in the English language of the person owning or using the fishing shelter is legibly painted or otherwise affixed on the outside of the fishing shelter with block lettering a minimum of one inch square and in contrasting colors. Fishing shelters that are occupied or otherwise in use are exempt from this requirement.
NR 20.11(1)(b) (b) The door can be readily opened from the outside while the shelter is occupied.
NR 20.11(1)(c) (c) The person is actively using the fishing shelter and it is removed from the ice daily and when not in use on the Fox river downstream from the DePere dam, Brown county.
NR 20.11(1)(d) (d) The fishing shelter is removed from the ice daily and when not in use after the first Sunday following March 1, on inland waters south of highway 64.
NR 20.11(1)(e) (e) The fishing shelter is removed from the ice daily and when not in use after the first Sunday following March 12, on inland waters north of highway 64 and all other outlying waters.
NR 20.11(2) (2)No person may cut, use or maintain a hole larger than 12 inches in diameter or square for the taking of fish in any manner through the ice except for spearing fish in Lake Superior, sturgeon spearing, taking fish with dip nets, taking minnows with minnow traps or skin or scuba diving.
NR 20.11(3) (3)The department or its agents may direct that fishing shelters be removed from the ice by a date earlier than specified in subs. (1) (d) or (e) if it has reason to believe that the ice has become unsafe for travel.
NR 20.11 History History: Cr. Register, May, 1999, No. 521, eff. 6-1-99; CR 01-012: am. (1) (a), Register November 2001 No. 551, eff. 4-1-02; CR 02-073: am. (1) (a), Register January 2003 No. 565, eff. 2-1-03; CR 04-024: am. (1) (e) Register December 2004 No. 588, eff. 1-1-05; CR 06-011: am. (1) (d) and (e) Register September 2006 No. 609, eff. 4-1-07; CR 19-091: am. (1) (a) Register March 2020 No. 771, eff. 4-1-20.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.