Alert! This chapter may be affected by an emergency rule:
period 2 allowable gill net effort:
[Unused Effort Period 1][Period 1 CPE]
Period 2 CPE
period 3 allowable gill net effort:
[Unused Effort Period 2][Period 2 CPE]
Period 3 CPE
NR 25.09(1)(am)3.f. f. Allowable gill net effort limitations for period 1 shall be made available by November 1 of each year. If a commercial fisher's allowable gill net effort has not been used by the end of period 1 or 2 and is reported by the commercial fisher according to s. NR 25.13, the remaining balance of allowable gill net effort in feet of net shall be carried over to succeeding periods within the lake trout open season but not carried over to the next lake trout open season. Allowable gill net effort limitations for periods 2 and 3 shall be determined by the department within 5 working days after the start of periods 2 and 3 using remaining allowable gill net effort reported according to s. NR 25.13.
NR 25.09(1)(am)3.g. g. The department shall calculate the allowable gill net effort for the overall state commercial and tribal effort in the same manner as described in subd. 3. e., except that the state or tribal lake trout quota shall be used instead of the fisher's individual quota.
NR 25.09(1)(am)3.h. h. State commercial and tribal fisheries' allowable gill net effort for period 1 for each lake trout open season shall be determined by the department and made available by November 1 of each year.
NR 25.09(1)(am)4. 4. May not be set in water less than 330 feet (55 fathoms) deep for the remainder of the lake trout open season by a licensed commercial fisher upon use of all tags issued for lake trout to the fisher under s. NR 25.07 (1) (a), or upon use of the total number of feet of gill net permitted to be set in any time period under subd. 3.
NR 25.09(1)(am)5. 5. Shall be tagged by the licensed commercial fisher using the gill net with an informational tag, supplied by the department, on the buoy staff above the water line. Each tag shall state the time and date upon which the gill net was set, the length of the gang of nets, the license number or fleet reporting number and the licensee's initials.
NR 25.09(1)(am)6. 6. May not be placed in the waters of Lake Superior from a boat or watercraft from January 15 through March 31, except as authorized by the department in a permit issued under sub. (6).
NR 25.09(1)(am)7. 7. May not be set or placed within 1/4 mile shoreward of the pot and lead of any entrapping net, except that if a trap net is set within 1/4 mile of a gill net, that gill net may continue to be lifted and reset in the same location.
NR 25.09(1)(ar) (ar) Gill nets - unrestricted size. With no restrictions on mesh size or the number of meshes in depth at any time during the year only in water more than 330 feet (55 fathoms) deep and only when set on the bottom.
NR 25.09(1)(as) (as) Gill net marking requirements. Shall be legibly marked on each float or on each lead with the license number or fleet reporting number of the commercial fishing license holder to whom it belongs.
NR 25.09(1)(av) (av) Gill net lifting requirements. Shall be lifted a minimum of:
NR 25.09(1)(av)1. 1. Once every 72 hours (3 days) in open water less than 96 feet (16 fathoms) deep.
NR 25.09(1)(av)2. 2. Once every 120 hours (5 days) in open water 96 to 210 feet (16 to 35 fathoms) deep.
NR 25.09(1)(av)3. 3. Once every 240 hours (10 days) in open water more than 210 feet (35 fathoms) deep.
NR 25.09(1)(av)4. 4. Once every 120 hours (5 days) in commercial ice fishing.
NR 25.09(1)(b) (b) Entrapping nets.
NR 25.09(1)(b)1.1. Only when the pot or crib is set, placed or operated in water not more than 90 feet (15 fathoms) deep.
NR 25.09(1)(b)2. 2. May be set, placed or operated only by permit issued under s. NR 25.10 (4) in that part of Lake Superior lying between a line extending due north of a point one mile east of the mouth of the Iron river in section 34, township 50 north, range 9 west, Bayfield county, and a line extending due north from the mouth of the Bad river in section 17, township 48 north, range 2 west, Ashland county, including all of the Apostle Islands area.
NR 25.09(1)(b)3. 3. May be used up to 10 such nets by each licensed commercial fisher, that being the maximum number of pots or cribs allowed.
NR 25.09(1)(b)4. 4. Shall be lifted a minimum of once every 168 hours (7 days).
NR 25.09(1)(b)5. 5. Shall have the fish holding pot portion rendered inoperable during the closed seasons for whitefish and lake trout and shall have the webbing removed from the water within 3 days after the close of the lake trout season.
NR 25.09(1)(b)6. 6. May not be placed within 1/2 mile of any other entrapping net.
NR 25.09(1)(b)7. 7. May not be placed or operated in the waters of Lake Superior during the months of April, May, June, July, August, and September if the mesh covering the top of the hearts of the nets is less than 14 inch stretch.
NR 25.09(1)(b)8. 8. May not be placed or operated in the waters of Lake Superior from a boat or water craft from November 28 through March 31.
NR 25.09(1)(b)9. 9. Entrapment nets fished in the area west of Bark Point known as WI-1 may harvest cisco, whitefish and lake trout less than 25 inches in length, and may only be used from April 1 to September 30.
NR 25.09(1)(b)10. 10. May not be placed or operated within 1 mile of a designated trout stream.
NR 25.09(1)(b)11. 11. Shall each be marked and maintained with 2 flags, one above the other, on a single staff attached to the inside or shallow lead end of the net, one flag on a staff attached to the pot or lifting buoy, one flag on a staff attached to the anchor at the outward end of the king line, and one float measuring a minimum of 5 inches in diameter attached to the anchor at the outward end of each net wing. All staffs shall be marked with reflective tape. All flags shall measure not less than 9 inches high by 18 inches wide and shall be displayed so that the top edge of the flag is not less than 5 feet above the water, except that the lower of 2 flags on one staff shall be displayed so that the bottom edge is not less than 3 feet above the water. Two flags displayed on one staff shall be separated by not less than 6 inches. All floats and all flags except the flag attached to the king line anchor shall be of a highly visible color commonly referred to as hunter orange or blaze orange with a color range between 595 nm and 605 nm. The flag attached to the king line anchor shall be a dark color other than orange. The license number or fleet reporting number of the commercial fishing license holder to whom each net belongs shall be displayed and maintained in legible, block figures at least 1 inch high on the bowl of the pot or lifting buoy. Flags are not required October 16 through April 14.
NR 25.09(1)(bm) (bm) All nets. The following regulations shall apply to all nets:
NR 25.09(1)(bm)1. 1. No net may be placed within 1⁄4 mile of any other net, and entrapment nets are further subject to s. NR 25.09 (1) (b) 6.
NR 25.09(1)(bm)2. 2. Within 24 hours of setting any portion of a net, the net shall be fully deployed and actively fishing.
NR 25.09(1)(c) (c) Encircling nets and trawls. Encircling nets and trawls are prohibited.
NR 25.09(1)(d) (d) Disposition of fish caught in nets. All lake trout caught in gill nets not less than 4 7⁄16 inch stretch measure set in waters less than 330 feet (55 fathoms) deep shall be kept and tagged except that, during November 28 through May 31, live lake trout may be released. Lake trout caught in gill nets in waters 330 feet (55 fathoms) deep or deeper or in entrapping nets may be returned to the lake or kept and tagged, except that dead lake trout 25 inches or less in length caught in entrapping nets shall be kept and tagged. All lake trout, dead or alive, larger than 25 inches in length caught in entrapping nets shall be returned to the lake. All lake trout and siscowet harvested by commercial and home use fishers shall be tagged in accordance with s. NR 25.06 (3).
NR 25.09(1)(e) (e) Ice buoy standards. Whenever ice may reasonably be expected to encroach upon fishing gear, in lieu of the requirements in s. NR 25.09, no commercial fisher may fish except with gear that meets the following standards:
NR 25.09(1)(e)1. 1. Ice buoys shall have an overall minimum length of 12 feet.
NR 25.09(1)(e)2. 2. At least two feet of any ice buoy shall extend above water with the license number of the commercial fisher visible.
NR 25.09(1)(e)3. 3. The top foot of the above-water portion of an ice buoy shall be marked with the highly visible color known as hunter orange or blaze orange.
NR 25.09(2) (2)Lake Michigan and Green Bay.
NR 25.09(2)(a) (a) Gill nets.
NR 25.09(2)(a)1.1. With a mesh size of not more than 13/ 4 inch stretch measure not exceeding 60 meshes in depth in Green Bay and 30 meshes in depth in Lake Michigan for taking smelt only.
NR 25.09(2)(a)2. 2. With a mesh size of not less than 23/ 8 inch and not more than 21/2 inch stretch measure not exceeding 60 meshes in depth in southern Green Bay only.
NR 25.09(2)(a)3. 3. With a mesh size of not less than 23/8 inch and not more than 23/4 inch stretch measure, and not less than 24 meshes and not more than 60 meshes in height, only in the southern chub fishing zone in water more than 150 feet (25 fathoms) deep.
NR 25.09(2)(a)4. 4. With a mesh size of not less than 21/2 inch and not more than 23/4 inch stretch measure:
NR 25.09(2)(a)4.a. a. For chubs in Lake Michigan and Green Bay, in the northern chub fishing zone only.
NR 25.09(2)(a)4.b. b. For other legal fish species in Lake Michigan and Green Bay.
NR 25.09(2)(a)4.c. c. May not exceed 18 meshes in depth when set in waters less than 150 feet (25 fathoms) deep in Lake Michigan outside the northern chub fishing zone.
NR 25.09(2)(a)4.d. d. May not exceed 60 meshes in depth when set in Green Bay, or in waters 150 feet (25 fathoms) deep or deeper in Lake Michigan, or within the northern chub fishing zone.
NR 25.09(2)(a)6. 6. With a mesh size of not less than 4 inch and not more than 41/2 inch stretch measure:
NR 25.09(2)(a)6.a. a. Only in southern Green Bay in water less than 30 feet (5 fathoms) deep.
NR 25.09(2)(a)6.c. c. From May 20 to March 9, except during the closed season for whitefish.
NR 25.09(2)(a)6.d. d. Not more than 30 meshes in depth.
NR 25.09(2)(a)7. 7. With a mesh size of not less than 41/2 inch and not more than 61/2 inch stretch measure:
NR 25.09(2)(a)7.a. a. In those waters of Lake Michigan lying north of a line extending from the mid-channel marker buoy of Bailey's Harbor on 135° bearing.
NR 25.09(2)(a)7.b. b. In Green Bay.
NR 25.09(2)(a)7.c. c. Only during the open season for whitefish.
NR 25.09(2)(a)7.d. d. May not exceed 30 meshes in depth for one-half of the total length of these nets set at any time by a licensed commercial fisher, and the remaining half may not exceed 50 meshes in depth.
NR 25.09(2)(a)8. 8. With a mesh size of not less than 6½ inch stretch measure:
NR 25.09(2)(a)8.b. b. Only during the open seasons for whitefish and yellow perch.
NR 25.09(2)(a)8.c. c. Not more than 12 meshes in depth.
NR 25.09(2)(a)9. 9. With a mesh size of 4 inch or larger stretch measure, not to exceed 12,000 feet may be used under each license at any one time.
NR 25.09(2)(a)10. 10. Shall be lifted a minimum of:
NR 25.09(2)(a)10.a. a. Once every 24 hours (1 day) in open water less than 150 feet (25 fathoms) deep for all mesh sizes in Green Bay and Lake Michigan except as provided in subd. 10. d.
NR 25.09(2)(a)10.b. b. Once every 120 hours (5 days) in open water 150 feet (25 fathoms) deep or deeper for mesh sizes of not more than 23/4 inch stretch measure in Lake Michigan.
NR 25.09(2)(a)10.c. c. Once every 48 hours (2 days) in commercial ice fishing.
NR 25.09(2)(a)10.d. d. Once every 120 hours (5 days) in open water less than 150 feet (25 fathoms) deep for mesh sizes of not more than 23/4 inch stretch measure in Lake Michigan.
NR 25.09(2)(b) (b) Entrapping nets.
NR 25.09(2)(b)1.1. Drop nets and fyke nets:
NR 25.09(2)(b)1.a. a. Only during the open season for yellow perch, except by permit issued under s. NR 25.10 (4).
NR 25.09(2)(b)1.b. b. May be used up to 30 drop nets or fyke nets in aggregate under each license, that being the maximum number of pots or cribs allowed.
NR 25.09(2)(b)1.c. c. Shall be lifted a minimum of once every 72 hours (3 days).
NR 25.09(2)(b)2. 2. Pound nets and trap nets:
NR 25.09(2)(b)2.a. a. Only when the pot or crib is set, placed or operated in water not more than 150 feet (25 fathoms) deep and from June 29 to Labor Day south of a line extending from the Lake Michigan shoreline along 44º52'30" north latitude only when entire net, including the lead, is set, placed or operated in water not more than 150 feet (25 fathoms) or less than 60 feet (10 fathoms).
NR 25.09(2)(b)2.b. b. No more than 12 pound nets and trap nets in aggregate may be used under each license, that being the maximum number of pots or cribs allowed, except that from June 29 to Labor Day no more than 3 pound nets and trap nets in aggregate may be used under each license in the waters of Lake Michigan lying south of a line extending from the Lake Michigan shoreline along 44°5230 north latitude.
NR 25.09(2)(b)2.c. c. Shall be lifted a minimum of once every 120 hours (5 days).
NR 25.09(2)(b)2.d. d. Shall have the fish holding or pot portion rendered inoperable during the closed season for whitefish and shall have the webbing removed from the water within 14 days after the close of the whitefish season.
NR 25.09(2)(b)2.e. e. May be used to take fish in the waters of Lake Michigan lying between a line extending from the Lake Michigan shoreline along 44º5230 north latitude and a line extending from the Lake Michigan shoreline along 44º855 north latitude, between a line extending from the Lake Michigan shoreline along 44º533 north latitude and a line extending from the Lake Michigan shoreline along 43º4050 north latitude, and south of a line extending from the Lake Michigan shoreline along 43º3439 north latitude only during the period including the day after Labor Day to June 28. Unless the department has granted an extension of time, the webbing shall be removed from the water by June 28 and may not be reinstalled until the day after Labor Day. If adverse weather conditions or unanticipated equipment problems prevent removal of the webbing by June 28, a licensee may request and the department may grant a brief extension of time sufficient to allow safe removal.
NR 25.09(2)(b)2.f. f. Shall each be marked and maintained with 2 flags, one above the other, on a single staff attached to the inside or shallow lead end of the net, one flag on a staff attached to the pot or lifting buoy, one flag on a staff attached to the anchor at the outward end of the king line, and one float measuring a minimum of 5 inches in diameter attached to the anchor at the outward end of each net wing. All staffs shall be marked with reflective tape. All flags shall measure not less than 9 inches high by 18 inches wide and shall be displayed so that the top edge of the flag is not less than 5 feet above the water, except that the lower of 2 flags on one staff shall be displayed so that the bottom edge is not less than 3 feet above the water. Two flags displayed on one staff shall be separated by not less than 6 inches. All floats and all flags except the flag attached to the king line anchor shall be of a highly visible color commonly referred to as hunter orange or blaze orange with a color range between 595 nm and 605 nm. The flag attached to the king line anchor shall be a dark color other than orange. The license number or fleet reporting number of the commercial fishing license holder to whom each net belongs shall be displayed and maintained in legible, block figures at least 1 inch high on the bowl of the pot or lifting buoy. Flags are not required October 16 through April 14.
NR 25.09(2)(b)2.g. g. For legal fish species in Lake Michigan and Green Bay.
NR 25.09(2)(c) (c) Seines.
NR 25.09(2)(c)1.1. With a mesh size of not less than 3 inch stretch measure.
NR 25.09(2)(c)2. 2. Not less than 75 feet in length.
NR 25.09(2)(d) (d) Trawls.
NR 25.09(2)(d)1.1. In southern Green Bay:
NR 25.09(2)(d)1.a. a. Only for taking smelt under s. NR 25.06 (2) (c).
NR 25.09(2)(d)1.b. b. Only in water more than 65 feet deep.
NR 25.09(2)(d)1.c. c. Only north of a line from the southernmost point of Little Tail point to the Green Bay navigation channel entrance light.
NR 25.09(2)(d)1.d. d. When used to harvest smelt in Green Bay, diverters with openings no larger than 7/8 inch wide shall be used.
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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.