Department of Natural Resources
P.O. Box 7921
Madison, WI 53707
Comments may be submitted to the department contact person listed above or to DNRAdministrativeRulesComments@wisconsin.gov until the deadline given in the upcoming notice of public hearing. The notice of public hearing and deadline for submitting comments will be published in the Wisconsin Administrative Register and on the department’s website, at https://dnr.wi.gov/calendar/hearings/. Comments may also be submitted through the Wisconsin Administrative Rules Website at https://docs.legis.wisconsin.gov/code/chr/active. The deadline for submission of comments was Jan. 4, 2022.
RULE TEXT
Section 1 NR 25.06 (2) (e) 1. is amended to read:
NR 25.06 (2) (e) 1. The total allowable annual commercial harvest of whitefish in Wisconsin waters of Lake Michigan and the total allowable annual commercial harvest of whitefish in Wisconsin waters of Green Bay shall be determined by the natural resources board based on recommendations from the department and results from Green Bay and Lake Michigan whitefish population models described under subd. 2. a.
Section 2 NR 25.06 (2) (e) 2. a. is repealed and recreated to read:
NR 25.06 (2) (e) 2. a. The department shall utilize the Green Bay whitefish population model for calculating the department recommendation for the total allowable commercial harvest of lake whitefish in Green Bay and shall utilize the Lake Michigan whitefish population model for calculating the department recommendation for the total allowable commercial harvest of lake whitefish in Lake Michigan. The recommendation for the total allowable commercial harvest for each area shall be calculated every three years using output from the population models. The population models shall use the following quantitative data for each whitefish management unit: weight at age, length at age, maturity schedule, trap net harvest by weight, trap net fishing effort by number of lifts, age composition of whitefish caught in trap nets, gill net harvest by weight, gill net fishing effort by number of lifts, age composition of whitefish caught in gill nets, recreational harvest by numbers, recreational fishing effort by angler hours, age composition of recreationally caught whitefish, and, in Green Bay, young-of-the-year index survey. An appropriate exploitation rate based on recent harvest trends shall be applied to the Green Bay and Lake Michigan model estimates, respectively, and the department may also account for whitefish mortality to reach the total allowable commercial harvest recommendation for Green Bay and the total allowable commercial harvest recommendation for Lake Michigan.
Section 3 NR 25.06 (2) (e) 2. b. is repealed and recreated to read:
NR 25.06 (2) (e) 2. b. For the 2022 and 2023 license years, the allowable harvest for zone 1 shall not exceed 48.4148% of the total allowable commercial harvest of whitefish in Green Bay determined under subd. 2. a. or 569,788 pounds. For any given license year after December 31, 2023, the allowable harvest for zone 1 shall not exceed 67.9758% of the total allowable commercial harvest of whitefish in Green Bay determined under subd. 2. a. or 800,000 pounds, whichever is less. For any given license year, the allowable harvest for zone 3 shall not exceed 43.9135% of the total allowable commercial harvest of whitefish in Lake Michigan determined under subd. 2. a. or 351,487 pounds, whichever is less, and the allowable harvest for zone 2 shall consist of the total allowable commercial harvest for Green Bay less the allowable harvest for zone 1 plus the total allowable commercial harvest for Lake Michigan less the allowable harvest for zone 3, and shall be implemented in accordance with subds. 2. c. and 5.
Section 4 NR 25.06 (2) (e) 2. c. and d. are created to read:
NR 25.06 (2) (e) 2. c. If the allocation for zone 2 exceeds the allowable harvest for zone 2 produced by the Green Bay and Lake Michigan population models as described under subd. 2. b., the adjusted amount of whitefish that may be allocated to the Green Bay waters of zone 2 shall be calculated by the following formula: [X + ((zone 2 recommended allocation – (X+Y))*(X/(X+Y)))], and the adjusted amount of whitefish that may be allocated to the Lake Michigan waters of zone 2 shall be calculated by the following formula: [Y + ((zone 2 recommended allocation – (X+Y))*(Y/(X+Y)))], where X is the difference between the Green Bay total allowable commercial harvest calculated under subd. 2. a. and the zone 1 allowable harvest under subd. 2. b., and Y is the difference between the Lake Michigan total allowable commercial harvest calculated under subd. 2. a. and the zone 3 allowable harvest under subd. 2. b. For accuracy, decimals shall be rounded to nearest sixth decimal place.
d. For the 2022 and 2023 license years, the Green Bay total annual allowable commercial harvest shall be 1,176,889 pounds, the Lake Michigan total annual allowable commercial harvest shall be 800,407 pounds, the zone 1 annual allowable harvest shall be 569,788 pounds, the zone 2 annual allowable harvest shall be 1,056,021 pounds, and the zone 3 annual allowable harvest shall be 351,487 pounds.
Section 5 NR 25.07 (2) (e) 5. is created to read:
NR 25.07 (2) (e) 5. Licensees with an individual licensee catch quota issued under this paragraph may fish for whitefish in either the Green Bay waters of zone 2, the Lake Michigan waters of zone 2, or both. Licensees shall cease fishing for whitefish in either the Green Bay waters of zone 2, the Lake Michigan waters of zone 2, or both as follows:
a. When the whitefish total allowable commercial harvest in Green Bay as established under s. NR 25.06 (2) (e) 2. a. less the zone 1 allowable harvest set under s. NR 25.06 (2) (e) 2. b. has been reported caught, the department shall notify licensees to cease fishing for whitefish in Green Bay waters of zone 2, except that all whitefish nets in the water shall be lifted or rendered inoperable under s. NR 25.09 (2) (a) 10. or (b) 2. and the legal fish may be harvested. b. When the whitefish total allowable commercial harvest in Lake Michigan as established under s. NR 25.06 (2) (e) 2. a. less the zone 3 allowable harvest set under s. NR 25.06 (2) (e) 2. b. has been reported caught, the department shall notify licensees to cease fishing for whitefish in Lake Michigan waters of zone 2, except that all whitefish nets in the water shall be lifted or rendered inoperable under s. NR 25.09 (2) (a) 10. or (b) 2. and the legal fish may be harvested. Section 6 NR 25.09 (3) (f) is created to read:
NR 25.09 (3) (f) After setting, moving, replacing, or recasting a trap net for whitefish in Green Bay or Lake Michigan and before starting for the dock or shore, the licensee, or a member of the licensee’s crew, shall record all of the following in accordance with s. NR 25.13 (2) (at): 1. The latitude and longitude at which the pot and king line buoy of the net are set.
2. A unique name for that trap net.
Section 7 NR 25.102 is created to read:
NR 25.102 Commercial fishing in southern Green Bay. For commercial fishers fishing for whitefish in that portion of southern Green Bay south of the line at 44o 50’ N latitude, commonly known as grids 901, 902 and 1001, all of the following requirements apply:
(1) Each commercial fisher may set, use, or operate no more than one trap net per license at a time.
(2) The commercial fisher shall notify the department through the phone number, email address or other method specified by the department no later than 4 p.m. the day prior to lifting a trap net. The notification shall include the license number and name of the licensee, name and location of net to be lifted, departure location, date of departure, and time of departure.
(3) The commercial fisher or a member of the commercial fisher’s crew shall report the number of incidentally caught fish of each species through the electronic fish reporting system, in accordance with s. NR 25.13. Section 8 NR 25.13 (1) is repealed.
Section 9 NR 25.13 (2) (intro.) and (a) are renumbered NR 25.13 (2) (ad), (ah), and (ap) and amended to read:
NR 25.13 (2) Electronic reporting. (ad) A person required to be licensed under s. 29.519 (1m), Stats., to conduct commercial fishing operations on Lake Michigan, Green Bay, or Lake Superior, or fishing as a treaty fisher, in lieu of the requirements under sub. (1), may elect to shall submit a daily fishing report to the department by means of the electronic fish reporting system that includes all records of pounds of fish harvest, harvest effort, and all other information called for on the report form by means of the electronic fish reporting system. all of the following: 1. The licensee’s name, address, license number or fleet reporting number.
2. The date.
3. The name and number of the boat fished.
4. The licensee’s fishing location and depth.
5. The licensee’s fishing effort.
6. The gear used.
7. The estimated pounds of each fish species harvested for each fishing trip, excluding estimated pounds of lake trout taken in Lake Superior.
8. The number of lake trout taken in Lake Superior.
9. The weighed pounds of harvest.
10. The weighed catch by species for commercial fish.
11. The number of incidentally caught fish of the species and waters that the department annually specifies.
12. All other information called for on the report form.
(ah) All A licensee shall report all fishing activities for the day under par. (ad), including the estimated pounds of each fish species caught required pursuant to par. (f) and the weighed catch by species for commercial fish, shall be reported before 11:59 p.m. of each day during which the licensee engages in on-water fishing activity. Reports shall be submitted in the English language on electronic forms provided for this purpose by the department and include such information as may be deemed necessary by the department for management of the fishery and to prevent depletion of the fish supply. The Except as provided under par. (c), the daily report shall be submitted using an electronic communication device operated by the licensee or a licensee’s crew member. The daily fishing report, which may include a record of the report on an electronic communication device, shall accompany the fish to the dock or shore and be made available to a department representative upon request.
(ap) At the request of the licensee, the The department shall issue unique login credentials to the licensee and, upon request of the licensee, to any licensee crew member in order to access the electronic fish reporting system and submit reports. Unique login credentials shall be assigned to each person for whom login credentials are requested. A person shall only enter or submit a record into the electronic fish reporting system using their own department issued login credentials.
Section 10 NR 25.13 (2) (at) is created to read:
NR 25.13 (2) (at) The licensee or member of the licensee’s crew may submit the report in any of the following ways:
1. By direct input through an electronic communication device to the electronic fish reporting system after completing the last net lift of the day but before starting for the dock or shore, and no later than 11:59 p.m. that same day.
2. By recording all required information on a daily paper report form supplied by the department after completing the last net lift of the day but before starting for the dock or shore, then submitting this information through an electronic communication device to the electronic fish reporting system no later than 11:59 p.m. that same day.
Section 11 NR 25.13 (2) (c) is amended to read:
NR 25.13 (2) (c) If the electronic communication device malfunctions or is unable to connect to the electronic fish reporting system, the licensee or a licensee’s crew member shall immediately notify the department by calling a designated phone number or by submitting an email message to a designated email address. The licensee or licensee’s crew member shall complete a paper copy of the biweekly report for that day after completing the last net lift of the day but before starting for the dock or shore, and before 11:59 p.m. the same day. The paper copy of the fishing report shall accompany the fish to dock or shore. After each trip’s information has been recorded, the report may not be transported for the rest of the day in such a way that it can be altered except to record information pertaining to additional fishing trips taken that day. Upon reestablishing the functionality of the electronic communication device or reestablishing connection with the electronic fish reporting system, the licensee or licensee’s crew member shall enter the daily fishing activity information and information from any paper reports completed under this paragraph and shall submit itthem electronically to the department. The paper copy of the biweekly report shall be retained as part of the licensee’s records required under s. 29.519 (5) (dm), Stats., and made available to a department representative upon request. Section 12 NR 25.13 (2) (c) (second note) is repealed.
Section 13 NR 25.13 (2) (c) (third note) is amended to read:
NR 25.13 (2) (c) Note: Biweekly fishing Paper report forms are provided by the department to each licensee at the beginning of the license year. Additional forms may be obtained by writing: DNR, 110 South Neenah Avenue, Sturgeon Bay, WI 54235.
Section 14 NR 25.13 (2) (e) is amended to read:
NR 25.13 (2) (e) Except for reporting trawl fish harvest pursuant to under par. (g), when the landed catch cannot be weighed by the end of the day, the licensee or crew member shall call a department designated telephone number or submit an email message to a department designated email address before 11:59 p.m. that day and notify the department of the licensee's name, commercial fishing license number or fleet reporting number, species of fish, and estimated pounds of each species and note in the comment box of the report form submitted under this section that the landed catch cannot be weighed and reported until the next business day. The licensee or crew member shall then weigh the landed catch the next business day and report the weight by fish species and other information required by the department on the form of the electronic fish reporting system before 11:59 pm of that day.
Section 15 NR 25.13 (2) (f) is repealed and recreated to read:
NR 25.13 (2) (f) In addition to the other requirements in this subsection, each person required to be licensed under s. 29.519 (1m), Stats., to conduct commercial whitefish fishing operations on Lake Michigan or Green Bay, or a member of the licensee’s crew, shall report the name of the lifted trap net pursuant to s. NR 25.09 (3) (f) to the department after lifting the trap net and before starting for the dock or shore through the electronic fish reporting system in accordance with par. (at). Section 16 NR 25.13 (10) and (11) (intro.) are amended to read:
(10) High value species. In addition to the reporting requirements contained in subs. (1) and under sub. (2), when fishing for a high value species, each commercial fisher or designated crew member shall file a float plan each day prior to the start of the day’s fishing activity by calling a department designated telephone number.
(11) Enhanced reporting. In addition to the reporting requirements contained in subs. (1) and under sub. (2), any person convicted of 2 or more violations of s. 29.503 or 29.519, Stats., or this chapter is subject to the enhanced reporting requirements of this section in addition to any court-ordered penalties, at the following levels: Section 17. Effective Date. This rule takes effect on the first day of the month following publication in the Wisconsin Administrative Register as provided in s. 227.22 (2) (intro.), Stats. Section 18. Board adoption. This rule was approved and adopted by the State of Wisconsin Natural Resources Board on January 26, 2022.
Dated at Madison, Wisconsin _____________________________.
STATE OF WISCONSIN
DEPARTMENT OF NATURAL RESOURCES
BY ______________________________________
For Preston D. Cole, Secretary
