Alert! This chapter may be affected by an emergency rule:
NR 20.39(1)(a)1. 1. For waters with adequate public access according to s. NR 1.90 (2) (a), the department shall determine if:
NR 20.39(1)(a)1.a. a. The department does not need the minnows for its fish management activities.
NR 20.39(1)(a)1.b. b. Removal of the minnows will not cause or substantially contribute to a long-term depletion of the forage base.
NR 20.39(1)(a)1.c. c. Threatened or endangered species listed in ch. NR 27 are not known to be present in or near the affected water.
NR 20.39(1)(a)1.d. d. Unique or sensitive biological values such as nesting loons or heron rookeries are not present in, on or near the affected water.
NR 20.39(1)(a)1.e. e. The use of the minnow seines, minnow dip nets or minnow traps is not likely to hinder or interfere with the exercise of a permit issued earlier in the year to another person for the water.
NR 20.39(1)(a)1.f. f. The use of the minnow seines, minnow dip nets or minnow traps is not likely to hinder or interfere with any other public uses of the water.
NR 20.39(1)(a)1.g. g. The use of the minnow seines, minnow dip nets or minnow traps is not likely to result in the spread of invasive species or diseases.
NR 20.39(1)(a)2. 2. For waters lacking adequate public access and for waters surrounded by private lands, the department shall determine if:
NR 20.39(1)(a)2.a. a. The requirements of subd. 1. a. to e. and g. are met; and
NR 20.39(1)(a)2.b. b. The applicant provided the department with the name, mailing address and telephone number of the person granting the applicant legal access to the water.
NR 20.39 Note Note: Under s. NR 19.057, a bait dealer also must have a wild harvest permit from the department to take wild minnows for use as bait.
NR 20.39(1)(b) (b) Permits issued by the department under this subsection shall:
NR 20.39(1)(b)1. 1. Include the permit holder's name, address and bait dealer's license number,
NR 20.39(1)(b)2. 2. Specify the water where the permit is valid,
NR 20.39(1)(b)3. 3. Describe the minnow seines, minnow dip nets or minnow traps authorized,
NR 20.39(1)(b)3m. 3m. Specify conditions on raising the traps and removing minnows.
NR 20.39(1)(b)4. 4. Include an expiration date of December 31 of the calendar year in which the permit is issued, unless an earlier date is set under par. (c),
NR 20.39(1)(b)5. 5. Prohibit the removal or destruction of vegetation, logs and other habitat features,
NR 20.39(1)(b)6. 6. Require that minnows be transported only in tanks equipped with either an oxygen tank or an adequate aeration system,
NR 20.39(1)(b)7. 7. Require that transport tanks and holding facilities not be loaded beyond their capacity to keep the minnows alive and healthy,
NR 20.39(1)(b)8. 8. Require that all minnows taken under the permit be sold or used only for angling or rearing of fish in department or private fish hatcheries, and
NR 20.39(1)(b)9. 9. Require that all minnows which are not kept for use or sale and all game fish caught by the minnow seines, minnow dip nets or minnow traps be promptly returned unharmed to the water.
NR 20.39(1)(c) (c) The department may require reporting of the permit holder's activities under the permit and may set reasonable permit conditions to insure that the requirements of par. (a) are met.
NR 20.39(1)(d) (d) The department shall act on a complete application for a permit under this section within 20 business days after it is received by the appropriate department regional office.
NR 20.39(1)(e) (e) No permit holder may cause or allow the violation of any term or condition of a permit issued under this section. In addition to any other penalties, if a permit holder is convicted of causing or allowing a violation of any term or condition of a permit, the permit is terminated.
NR 20.39(1)(f) (f) The department may, at any time, revoke or modify a permit issued under this section if it determines that the minnow supply is in danger of being depleted in the water for which the permit was issued. A permit revocation or modification shall become effective when it is received by the permit holder or 3 business days after it is mailed to the permit holder at the address shown on the permit, whichever occurs first.
NR 20.39(1)(g) (g) Any person aggrieved by a decision of the department under this section may, within 30 days of the mailing of the decision, request a contested-case hearing before the department on the decision under s. 227.42, Stats.
NR 20.39 History History: Cr. Register, May, 1999, No. 521, eff. 6-1-99; CR 01-012: am. (1) (intro.), cr. (1) (b) 3m., Register November 2001 No. 551, eff. 4-1-02; emerg. am. (1) (intro.) and (a), eff. 11-2-07; CR 07-074: am. (1) (intro.) and (a) Register May 2008 No. 629, eff. 6-1-08.
NR 20.40 NR 20.40Fishing tournaments.
NR 20.40(1)(1)Applicability. This section applies to fishing tournaments on lakes, rivers, the Great Lakes, Wisconsin-Minnesota boundary waters as defined in s. NR 21.02 (39), Wisconsin-Iowa boundary waters as defined in s. NR 22.02 (34), and Wisconsin-Michigan boundary waters as defined in s. NR 23.02 (10).
NR 20.40(2) (2) Definitions. In this section:
NR 20.40(2)(a) (a) “Aquatic invasive species" has the meaning in s. NR 193.03 (3).
NR 20.40(2)(b) (b) “Aquatic plant" has the meaning in s. 30.07 (1) (b), Stats.
NR 20.40(2)(c) (c) “Catch and kill tournament" means a fishing tournament where fish are caught by participants, reduced to their possession, and retained as part of the participant's daily bag limit.
NR 20.40(2)(d) (d) “Catch-hold-release tournament" means a fishing tournament where fish caught by participants are reduced to possession and transported, usually for purposes of recording, and live fish are then released to the water from which they came. This format was previously referred to as a “live-release" tournament.
NR 20.40(2)(dm) (dm) “Cull" or “culling" means the practice of releasing a live fish that was held in an angler's possession and replacing it with another fish. Live fish that are released and capable of swimming away under their own power are not considered part of the angler's daily bag limit provided the total number of fish possessed at any one time does not exceed the angler's daily bag limit.
NR 20.40 Note Note: Section 29.403 (1m), Stats., allows culling only during largemouth and smallmouth bass fishing tournaments authorized by the department. An angler must release the fish to be culled without unnecessary delay when keeping a new fish that would otherwise put them over their daily bag limit, and may not resume fishing or other activities until the fish to be culled is first released.
NR 20.40(2)(e) (e) “Fishing tournament" means any organized fishing activity, on any water of the state where competition is the primary purpose, and where incentives, such as money, prizes or points, are awarded.
NR 20.40(2)(f) (f) “Immediate-release tournament" means a fishing tournament where fish caught by participants are not reduced to possession and transported, but are held only long enough for identification and to document length or weight or both, and released to the water from which they came.
NR 20.40(2)(g) (g) “Live well" means a container designed to hold live fish on a boat.
NR 20.40(2)(h) (h) “Off-site weigh-in" means a weigh-in of fish caught in a catch-hold-release tournament at a location that is not on the shoreline or adjacent to the waters listed on the fishing tournament permit.
NR 20.40(2)(i) (i) “Open water fishing" means all fishing that occurs except when ice is used as a platform from which to fish.
NR 20.40(2)(j) (j) “Opening weekend" means the first weekend of a calendar year that an angler is permitted to fish for that particular species of fish.
NR 20.40(2)(k) (k) “Organize" means to advance, conduct, direct, establish, promote or otherwise be responsible for the operation of a fishing tournament.
NR 20.40(2)(L) (L) “Organizer" means a person who advances, conducts, directs, establishes, organizes, promotes or otherwise is responsible for the operation of a fishing tournament, but does not include a person who only assists in advertising or publicizing another person's fishing tournament.
NR 20.40(2)(m) (m) “Permitted fishing tournament" means a fishing tournament that requires a permit from the department.
NR 20.40(2)(n) (n) “Permitted fishing tournament boat days" is a measure of tournament fishing pressure for open water permitted fishing tournaments. It is calculated by multiplying the number of boats participating in an open water permitted fishing tournament by the number of days the permitted fishing tournament is held. Any part of a day shall count as one day.
NR 20.40(2)(o) (o) “Person" means any individual, partnership, association, organization or body politic or corporate.
NR 20.40(2)(p) (p) “Possess" for the purposes of this section means to own, control, restrain, transport or keep. Once a fish is possessed, it shall be counted towards the angler's daily bag limit pursuant to s. NR 20.05 (7). Any of the following conditions constitute possession:
NR 20.40(2)(p)1. 1. Holding a fish out of the water longer than necessary to remove hooks and measure the fish for length, weight or both.
NR 20.40(2)(p)2. 2. Placing a fish into a live well except to revive a fish or to avoid imminent boating danger.
NR 20.40(2)(p)3. 3. Holding a fish at the side of a stationary boat for longer than necessary to register and revive the fish.
NR 20.40(2)(p)4. 4. Resuming fishing by any angler in the boat prior to the release of the fish.
NR 20.40(2)(q) (q) “Prizes" means money or items that are provided to a tournament participant based on their performance in a competitive fishing event. This does not include “raffle" type prizes which are given to tournament participants independent of their performance in the competitive fishing event.
NR 20.40(2)(r) (r) “Traditional fishing tournament" means a fishing tournament that was issued permits 4 out of 5 years from 2004 to 2008, for the same water or waters and time period. Beginning January 1, 2009, traditional fishing tournaments shall continue to be conducted at least 4 out of 5 years for the same waterbody and time period to remain a traditional fishing tournament.
NR 20.40(2)(s) (s) “Weigh-in" means a registration process for catch-hold-release tournaments by which fish are measured and released.
NR 20.40(3) (3) Permit required. No person may carry out a fishing tournament that meets any of the criteria in pars. (a) to (f), without a permit. A person shall obtain a permit from the department to organize a fishing tournament when the waters to be fished are identified by name by the organizer and one or more of the following apply:
NR 20.40(3)(a) (a) The fishing tournament involves 20 or more boats, or 100 or more participants.
NR 20.40(3)(b) (b) The fishing tournament includes any trout species on waters classified as trout streams under s. NR 1.02 (7).
NR 20.40(3)(c) (c) The fishing tournament is a catch-hold-release tournament with an off-site weigh-in.
NR 20.40(3)(d) (d) The total prize value is $10,000 or greater.
NR 20.40(3)(e) (e) Tournament participants are allowed to cull largemouth and smallmouth bass.
NR 20.40(3)(f) (f) Notwithstanding the size and bag limits established in s. NR 20.20, catch-hold-release tournament participants are allowed to take up to five bass of a minimum of 14 inches in length.
NR 20.40(3m) (3m) Permit exceptions. Except as provided in s. NR 20.40 (3) (f), organizers do not need a permit under this section to organize and conduct any of the following:
NR 20.40(3m)(a) (a) Fishing tournaments that are statewide or regional in nature where the specific waters to be fished and landings that must be used, if any, are not identified by name.
NR 20.40(3m)(b) (b) Fishing tournaments that do not require identification or registration of participants prior to engaging in the tournament.
NR 20.40(3m)(c) (c) Fishing tournaments that continue for more than 4 days, do not require participants to fish at the same time, allow participants to register at any time during the tournament, and do not specify a weigh-in time.
NR 20.40(4) (4) Application. A person who wishes to organize a fishing tournament requiring a permit from the department shall apply on forms available from the department.
NR 20.40(4)(a) (a) Permit applications shall specify an individual who is responsible for supervising the tournament to ensure compliance with all tournament permit conditions and regulations.
NR 20.40(4)(b) (b) Applicants for a fishing tournament permit shall pay a $25.00 non-refundable permit application fee upon submission of the application when the following conditions apply:
NR 20.40(4)(b)1. 1. The tournament format is immediate-release; or
NR 20.40(4)(b)2. 2. Total prizes provided to tournament participants are valued at less than $1,001; or
NR 20.40(4)(b)3. 3. The tournament targets salmon or trout species on Lake Michigan, Green Bay, or Lake Superior; or
NR 20.40(4)(b)4. 4. The tournament targets rough fish as defined in s. 29.001 (74), Stats.
NR 20.40(4)(c) (c) Applicants for a fishing tournament permit shall pay a $50.00 non-refundable permit application fee upon submission of the application when the following conditions apply:
NR 20.40(4)(c)1. 1. The tournament format is catch-hold-release or catch and kill; and
NR 20.40(4)(c)2. 2. Total prizes provided to tournament participants are valued at $1,001 or greater and less than $10,001.
NR 20.40(4)(d) (d) Applicants for a fishing tournament permit shall pay a $200.00 non-refundable permit application fee upon submission of the application when the following conditions apply:
NR 20.40(4)(d)1. 1. The tournament format is catch-hold-release or catch and kill; and
NR 20.40(4)(d)2. 2. Total prizes provided to tournament participants are valued at $10,001 or greater.
NR 20.40(4)(e) (e) There is no fee for a fishing tournament permit where 50% or more of the participants are younger than 18 years of age or are developmentally disabled as defined under s. 51.01 (5) (a), Stats., or physically disabled and eligible for a license under s. 29.193 (3) or (3m), Stats.
NR 20.40 Note Note: Application forms may be obtained at no charge from department service centers and regional offices or by visiting the department website at http://dnr.wi.gov/topic/fishing/tournaments/.
NR 20.40(5) (5) Permit application process.
NR 20.40(5)(a)(a) The department shall accept permit applications for traditional fishing tournaments beginning on January 1 of the year preceding the tournament.
NR 20.40(5)(b) (b) The department shall accept permit applications for tournaments that are not traditional fishing tournaments beginning on April 1 of the year preceding the tournament.
NR 20.40(5)(c) (c) All permit applications and application fees must be received by the department at least 30 days prior to the start of the tournament. The department may review permit applications received within 30 days of the tournament start date if the applicant pays a late fee in addition to the application fee which shall be equal to the application fee specified under sub. (4). If the department is unable to review a late application, the application fee will be returned to the applicant.
NR 20.40(5)(d) (d) The department shall approve or deny permit applications on a first come first served basis in compliance with the limits in subs. (7) and (8).
NR 20.40(6) (6) Compliance.
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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.