Section 7 NR 25.06 (1) (b) 2. is amended to read:
25.06 (1) Lake Superior. (b) Harvest of fish from Lake Superior for home use by Lake Superior Chippewas.
2. Permittees are restricted to the use of no more than 350 feet of gill net and sale of fish pursuant to these permits is prohibited. These fishing activities shall be restricted to waters adjacent to the reservations of the Bad River and Red Cliff bands, and no part of any net may extend beyond 1,320 feet from the shoreline of those waters.
Section 8 NR 25.06 (1) (b) 3., 4., and 5. are created to read:
25.06 (1) Lake Superior. (b) Harvest of fish from Lake Superior for home use by Lake Superior Chippewas.
3. In no instance may a boat fish both commercial and home use nets at the same time. If such home use nets are fished by a commercial licensee, those nets must be labeled as home use and must be marked in the same manner as required for commercial nets under s. NR 25.09. 4. Permittees shall limit the use of gill nets to mesh sizes of 2 ¾ inch stretch measure or smaller, and 4 ½ inch stretch measure or larger.
5. All game fish harvested under permits issued under this section shall be tagged in accordance with sub. (3). The Bad River and Red Cliff bands shall provide quarterly home use harvest reports on forms supplied by the department.
Section 9 NR 25.06 (3) (g) is amended to read:
25.06 Quotas, catch fees and special regulations. (3) Tagging of fish. (g) No treaty fisher may lift nets in Wisconsin waters while in possession of tags issued by aanother tribe or another state for fish taken in Michigan waters jurisdiction.
Section 10 NR 25.06 (3) (h) is created to read:
25.06 Quotas, catch fees and special regulations. (3) Tagging of fish. (h) All unused tags issued under this section for the commercial harvest of lean lake trout shall be returned to the department within 30 days of the close of the fishing season for lake trout described in ss. NR 25.05 (1)(c). Section 11 NR 25.09 (1) (am) 3. b. is amended to read:
25.09 Commercial fishing gear. (1) Lake Superior. (am) Gill nets – 4 7/16 inch.
b. Catch-per-unit-of-effort (CPE) for each period shall be determined from department-monitored state and tribal net lifts occurring during each period. Catch-per-unit-of-effort (CPE) is the ratio of dead and live lake trout caught for each period divided by the feed of monitored net in thousands of feet set during each period.
Section 12 NR 25.09 (1) (b) 5. is amended to read:
25.09 Commercial fishing gear. (1) Lake Superior. (b) Entrapping nets.
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 143 days after the close of the lake trout season.
Section 13 NR 25.09 (1) (b) 9. is amended to read:
25.09 Commercial fishing gear. (1) Lake Superior. (b) Entrapping nets.
9. Entrapment nets fished in the area west of Bark Point known as WI-1 and also in the area known as the Van Tassells Point area described in s. NR 25.10 (1) (c) may harvest only cisco, whitefish and lake trout less than 25 inches in length, and lake herring, and may only be used from April 1 to September 30. Section 14 NR 25.09 (1) (bm) is created to read:
25.09 Commercial fishing gear. (1) Lake Superior. (bm) All nets. The following regulations shall apply to all nets:
1. No net may be placed within ¼ mile of any other net, and entrapment nets are further subject to s. NR 25.09 (1) (b) 6. 2. Within 24 hours of setting any portion of a net, the net shall be fully deployed and actively fishing.
Section 15 NR 25.09 (1) (d) is created to read:
25.09 Commercial fishing gear. (1) Lake Superior. (d) 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 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). Section 16 NR 25.09 (1) (e) is created to read:
25.09 Commercial fishing gear. (1) Lake Superior. (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: 1. Ice buoys shall have an overall minimum length of 12 feet.
2. At least two feet of any ice buoy shall extend above water with the license number of the commercial fisher visible.
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.
Section 17 NR 25.10 (1) (b) 1. to 6. and 9. are amended to read:
25.10 Restricted commercial fishing areas. (1) Lake Superior. (b)
1. Saxon Harbor. All waters bounded by a line beginning at the mouth of Graveyard creek in section 3, township 47 north, range 1 west, extending north to the Gull Island Shoals refuge south boundary as described in s. NR 26.02, then east to the Wisconsin−Michigan state line, then southerly along the state line to the shore at the mouth of the Montreal river in section 7, township 47 north, range 1 east, all in Iron county, except from November 15 through December 15 in water 84 feet (14 fathoms) deep or deeper, when and where gill nets with a mesh size of not less than 2½ inch and not more than 3 inch stretch measure may be used for taking lake herringcisco. 2. Siskiwit Bay. That portion of Siskiwit bay lying south of a line extending from Roman (Quarry) point in section 29, township 50 north, range 6 west, to Squaw point in section 22, township 50 north, range 6 west, all in Bayfield county.
3. Sand Cut. All waters bounded by a line beginning at the signalChequamegon Point light on the western end of Long island in section 13, township 48 north, range 4 west at N46°43.708 ʹ46°43’12”N, W90°48.587 ʹ90°48’10”W, then extending northeasterly to the southernmost point of Madeline island in section 6, township 49 north, range 4 west at N46°45.150ʹ 46°45’09”N, W90°34.500 ʹ 90°34’08”W, then due east 2.5 miles to 46°45’11”N 90°44’05”W, then due south 1 mile to 46°44’22”N 90°44’05”W, then due east to 46°44’22”N 90°36’06W, then due north to 46°45’11”N90°36’06”W, then due east to the western boundary of Gull Island Shoals refuge as described in s. NR 26.02, then southerly along the refuge boundary to latitude N46°40 ʹ 46°40’00”N at N46°400 ʹ W90°37.910 ʹ90°37’15”W, then due west to the mainland shoreline commonly known as Long Island, then northwesterly along the shoreline to the point of beginning, all in Ashland county, except waters within 1½ miles of the mainland shoreline in Ashland county. No person may fish with entrapment nets in waters starting at 46°45’11”N 90°44’05”W, then due south 1 mile to 46°44’22”N 90°44’05”W, then due east to 46°44’22”N 90°36’06”W, then due north to 46°45’11”N 90°36’06”W, then due west to the starting coordinates of 46°45’11”N 90°44’05”W. 4. Iron River to Cranberry River. All waters less than 9072 feet (1512 fathoms) deep lying between a point extending due north from the mouth of the Iron river in section 34, township 50 north, range 9 west, and a line extending due north from the mouth of the Cranberry river at Herbster in section 5, township 50 north, range 7 west, all in Bayfield county except float nets described in s. NR 25.09 (1) (ah) 3. may be fished from October 15 to December 31, a minimum distance of 1/2 mile from shore. 5. Minnesota boundary to Iron River. All waters less than 210 feet (35 fathoms) deep lying between a line extending due north from the mouth of the Iron river in section 34, township 50 north, range 9 west, Bayfield county, and the Wisconsin-Minnesota state line, except all waters more than 90 feet (15 fathoms) deep lying between a line extending due north from the mouth of the Iron river and a line extending due north from the mouth of the Bois Brule river in section 10, township 49 north, range 10 west, Douglas county, where gill nets with a mesh size of 3 inches or less stretch measure may be used from November 15 through December 31.
6. Cranberry River to Bark Point. All waters less than 72 feet (12 fathoms) deep lying between a line extending due north from the mouth of the Cranberry river at Herbster in section 5, township 50 north, range 7 west, and a line extending due north from the northernmost point of Roman (Quarry) point in section 29, township 51 north, range 6 west, all in Bayfield county, except that portion of Bark bay lying southwesterly of a line beginning at Roman (Quarry) point and extending northwesterly to Bark point in section 24, township 51 north, range 7 west, all in Bayfield county, which shall be open from April 1 through May 31.
9. Outer Island. Those waters less than 35 fathoms lying north of latitude 46°59.3 ʹ46°59’18”N refuge line, in grids 1212, 1312 and east of longitude 90°25 ʹ90°25’00”W and south of latitude 47°05 ʹ47°05’00”N in grids 1311 and 1211.
Section 18 NR 25.10 (1) (b) 10. is created to read:
25.10 Restricted commercial fishing areas. (1) Lake Superior. (b)
10. Bark Bay. That portion of Bark bay lying southwesterly of a line beginning at Roman (Quarry) point and extending northwesterly to Bark point in section 24, township 51 north, range 7 west, all in Bayfield county, which shall be open for gill nets from April 1 through May 31 and for entrapment nets only from June 1 to September 30.
Section 19 NR 25.10 (1) (c) is amended to read:
25.10 Restricted commercial fishing areas. (1) Lake Superior. (c) Van Tassells Point.
No commercial fishing gear of any kind except by permit issued under sub. (4) for the taking of whitefish and lake herring only from June 1 to August 15 may be used, set, placed or operated in the following waters: the area from the easterly most tip of Houghton Point, section 27, township 49 north, range 4 west, Bayfield county, northerly along the shoreline to the entry to the city of Bayfield marina, then easterly to Point Defroid on Madeline island, section 30, township 50 north, range 3 west, Ashland county, then southerly along the western end of the island to the tip of Grants Point, section 6, township 49 north, range 3 west, Ashland county, then southerly to Chequamegon Point on the western tip of Long island, section 13, township 49 north, range 4 west, Ashland county, thence southwesterly to the eastern tip of Houghton Point, except that float nets as described in s. NR 25.09 (1) (ah) 3. may be fished under the ice only, bottom set gill nets of not less than 4 7/16 inch minimum stretch measure may be fished from November 28 to March 31 of the following yearunder the ice and not from a boat north of latitude N46° 45‵46° 45’00”N at a minimum depth of 19 fathoms, gill nets of not greater than 1 3/4 inch stretch measure may be fished for smelt and herringcisco under the ice, but must be at least 1/2 mile from the mouth of any trout stream, and entrapment gear for smelt may be allowed by permit from ice out to May 15. Commercial trap nets operated under permits issued under sub. (4) for the restricted area described in this paragraph, but not including the exception for float nets as described in s. NR 25.09 (1) (ah) 3., shall be limited to a maximum of one per commercial fishing license and may not be set within the following waters: the area from N46° 44.22‵ W90° 50.22'46°44’01”N 90°50’00” then southeast to N46° 43.08‵ W90° 49.44‵46°43’00”N 90°49’00”W then southwest to N46° 42.6‵ W90° 50.10‵46°42’00”N 90°50’00”W then northwest to N46°43.74 ‵ W90° 50.94‵46°43’01”N 90°50’02”W then northeast to N46° 44.22‵ W90° 50.22‵46°44’00”N 90°50’00”W. All commercial fishing gear operated under permits issued under sub. (4) for the restricted area described in this paragraph, but not including the exception for float nets as described in s. NR 25.09 (1) (ah) 3., shall have the fish holding pot portion rendered inoperable after August 15 and shall have the webbing removed from the water on or before August 18. Section 20 NR 25.10 (1) (d) is created to read:
25.10 Restricted commercial fishing areas. (1) Lake Superior. (d) Fishing within these areas is subject to the following restrictions.
1. Red Cliff shoreline. No person may place or operate entrapment nets within ½ mile of shore on the westernmost boundary at 46°55’08”N, 90°59’37”W, extending along the 22.6-mile reservation shoreline to the southernmost boundary at 46°50’45”N, 90°47’17W.
2. Bad River shoreline. No person licensed by the state or the Red Cliff band may commercially fish within an area, the boundary of which begins at 46°43’54”N 90°48’27”W, then northeast in a line to 46°44’16”N 90°48’07”W along the eastern boundary of Van Tassell’s restricted area described in s. NR 25.10 (1)(c), then east to 46°43’27”N 90°45’52”W at a distance of ½ mile from the shoreline, then continuing east at a distance of 1 ½ miles from the shoreline to the eastern boundary of the Bad River Reservation. To accommodate a ¾-mile safe zone of passage within the Sand Cut Restricted Area, the far northwestern corner of the 1 ½ mile-wide portion of Bad River shoreline area is bounded by an arc between the points 46°43’54”N 90°45’26”W and 46°43’51”N 90°44’37”W. 3. Madeline Island Reservation Shoreline. No person may place or operate entrapment nets in an area starting at the westernmost corner of the Trust parcel, extending due north 1 ½ mile to 46°52’56”N 90°35’22”W and continuing along a 1 ½ mile contour of the island to a maximum easterly boundary of 46°50’56”N 90°32’15”W then circling southwest at a maximum southerly boundary of 46°49’27”N 90°34’26” W then due north to the island.
Section 21 NR 25.13 (1) (a) is amended to read:
25.13 Commercial fishing reports. (1) Paper reporting. (a) The biweekly report shall be mailed or delivered to the department at the address provided on the form no later than the Tuesday third working day following the biweekly reporting period. All biweekly commercial fishing reports shall be signed by the commercial fishing licensee under whose license the fish were taken.
Section 22 NR 25.13 (2) (d) is repealed.
Section 23 Statement of Emergency. Lake Superior is the largest freshwater lake in the world and its sport and commercial fisheries are internationally significant. A Lake Superior fishing agreement negotiated between the state and the Bad River and Red Cliff bands of the Lake Superior Chippewa tribes has been renegotiated and these rules are necessary to implement the new agreement. The previous agreement is expired and there is not sufficient time to promulgate a permanent rule because it is necessary to implement the new agreement in 2018. The welfare of state-licensed commercial fishers, tribal commercial fishers, anglers, and associated businesses is entirely dependent on abundant Lake Superior fish populations that can be used sustainably. In order to preserve the public’s welfare, the department finds that an emergency rule is necessary to implement these harvest management regulations.
Section 24 Effective Date. This rule takes effect upon publication in the official state newspaper, as provided in s. 227.24(1)(c), Stats. Section 25. Board adoption. This rule was approved and adopted by the State of Wisconsin Natural Resources Board on February 27, 2019.
Dated at Madison, Wisconsin __________3/14/19___________________.
STATE OF Wisconsin DNR
DEPARTMENT OF NATURAL RESOURCES
BY _______Elizabeth Kluesner_________________
for Preston D. Cole, Secretary
(SEAL)
