NR 19.06(1)(1)
It shall be unlawful for any person or persons to take, catch or kill fish or fish for fish of any species when such fish are being held in any fish net, fish holding net, fish trap, fish pond, either artificial or natural, or any structure or net placed in any of the waters of the state by the department or under its authority for the purpose of taking or holding fish therein at any time, or for any person or persons to lift, molest, cut or destroy any fish net, fish holding net, fish trap, fish pond, or any structure or net placed in any of the waters of the state by the department or under its authority for the purpose of taking or holding fish therein.
NR 19.06(2)
(2) It shall be unlawful for any person or persons to take, catch, capture or kill fish or pursue fish in any fishing operations within 500 feet above or 500 feet below any net, dam or weir wherein the state of Wisconsin is fishing or holding fish for commercial, scientific, or biological purposes, when the area is properly posted by the department.
NR 19.06(3)
(3) No provisions in this section shall prohibit the department, its agents, deputy conservation wardens or representatives of the division of fish, game and enforcement of such department from taking any of the fish mentioned in any of the sections of this order at any time or from lifting, setting, or transferring any nets or structures used in holding or capturing fish, wherein they deem it advisable and necessary to promote the department fish management program.
NR 19.06 History
History: 1-2-56; am. (1),
Register, December, 1960, No. 60, eff. 1-1-61; am. (1),
Register, December, 1961, No. 72, eff. 1-1-62; renum. from WCD 19.06 to be NR 19.06 and am. (1), (2) and (3),
Register, April, 1971, No. 184, eff. 5-1-71.
NR 19.07
NR 19.07 Commercial fishing studies on inland, outlying, and boundary waters. The department may authorize commercial fishing studies, pursuant to s.
23.09 (2) (h) and
(k), Stats., that contribute to increased, useful scientific knowledge of fisheries management and that may include one or more participating commercial fishing licensees. The department may authorize a commercial fishing study to be conducted at a time, in a location, or using a gear type for which commercial fishing is otherwise restricted by department rules.
NR 19.07 Note
Note: Nothing in this section precludes a commercial fishing licensee operating under s.
29.519 (1m) or
(4),
29.523 (1),
29.526 (1),
29.529,
29.531, or
29.533, Stats., and operating under the rules and regulations of chs.
NR 20,
21,
22, or
25 from conducting independent research on their own commercial fishing practices and commercial harvest.
NR 19.07 History
History: CR 21-058: cr.
Register March 2022 No. 795, eff. 4-1-22; correction made under s.
35.17, Stats.,
Register March 2022 No. 795.
NR 19.09
NR 19.09 Wild rice conservation. NR 19.09(1)(a)
(a) No person may remove or destroy by hand, mechanical or chemical means wild rice growing in navigable lakes unless the department has approved the removal or destruction under par.
(b).
NR 19.09(1)(b)
(b) In addition to harvest in accordance with s.
29.607, Stats., and subs.
(2) to
(8), the department may authorize by written approval the removal of wild rice growing in navigable lakes upon a finding that:
NR 19.09(1)(b)1.
1. The wild rice resource in the navigable lake will not be substantially affected. The department may consider cumulative effects of an approval on such a lake under this paragraph; and
NR 19.09(1)(b)2.
2. The removal or destruction is necessary to allow reasonable access to the lake by the riparian owner.
NR 19.09(1)(c)
(c) Persons requesting an approval under this subsection, shall apply on department forms and provide information requested by the department.
NR 19.09 Note
Note: The forms may be obtained from department regional offices.
NR 19.09(2)
(2) A closed season is established for the harvesting or gathering of wild rice in the following described areas at all times except as hereinafter provided and it is unlawful for any person to harvest or gather wild rice in any manner or at any time during such closed season.
NR 19.09(3)
(3) The secretary is authorized and directed, after determining by investigation and study that the wild rice is ripe, to designate the open season for harvesting or gathering wild rice in each of the areas described in sub.
(4). The open season in any area may continue in effect for not more than 60 days. The open season in any area as designated by the secretary pursuant to this subsection shall be put into effect by posting of proper notice of the open season on the shores of, and at places of public access to, the lakes and streams in which the open season is effective at least 24 hours before the beginning of the open season.
NR 19.09(4)
(4) There is no closed season for the harvesting of wild rice in any other area of the state of Wisconsin not herein described:
NR 19.09(4)(c)
(c) Burnett county. Clam lake, Briggs lake, Gaslyn lake, Long lake, and Mud lake, town of Oakland.
NR 19.09(4)(d)
(d) Douglas county. Mulligan lake and the state and county owned beds of the Minong Flowage.
NR 19.09(4)(g)
(g) Oneida county. Big lake and Big lake thoroughfare, and Spur lake.
NR 19.09(4)(j)
(j) Vilas county. Allequash lake, Little Rice lake, Nixon lake, Irving lake, Aurora lake, West Plum lake, and Island lake.
NR 19.09(4)(k)
(k) Washburn county. Bear lake, Spring lake, and Tranus lake.
NR 19.09(5)
(5) No person may harvest or gather any wild rice in any area of the state of Wisconsin between sunset and the following 10:00 a.m. central daylight time.
NR 19.09(6)
(6) No person may harvest or gather any wild rice in any navigable lake by the use of any method other than smooth, rounded, wooden rods or sticks not more than 38 inches in length and which are held and operated by hand.
NR 19.09 Note
Note: Section
29.607, Stats., prohibits the use of any mechanical device in any water of the state for harvesting or gathering wild rice.
NR 19.09(7)
(7) No person may harvest or gather any wild rice in any navigable lake by the use of any boat longer than 17 feet or greater than 38 inches in width or by the use of any boat propelled by other than muscular power using only a push-pole or canoe paddle.
NR 19.09(8)(a)(a) All licensed wild rice dealers shall file reports on forms furnished by the department covering the license period with the Department of Natural Resources, Box 7924, Madison, 53707, prior to obtaining a wild rice dealer's license.
NR 19.09(8)(b)
(b) Such reports shall summarize the book records required and shall include the total number of transactions and the total amount of wild rice bought, sold or processed during the period covered by such license.
NR 19.09(9)
(9) Nothing in the provisions of this section shall prohibit authorized agents of the department from harvesting or gathering wild rice in the performance of their official duties.
NR 19.09 History
History: Cr.
Register, July, 1960, No. 55, eff. 8-1-60; r. and recr.
Register, July, 1964, No. 103, eff. 8-1-64; renum. from WCD 19.09 to be NR 19.09 and am. (2), intro. par., (6) and (7),
Register, April, 1971, No. 184, eff. 5-1-71; am. (2) (c), (k) and (m),
Register, November, 1976, No. 251, eff. 12-1-76; am. (5),
Register, April, 1978, No. 268, eff. 5-1-78; am. (1) (c),
Register, December, 1978, No. 276, eff. 1-1-79; r. and recr. (2) (a) to (m), and am. (6),
Register, August, 1979, No. 284, eff. 9-1-79; am. (2m) (c),
Register, September, 1983, No. 333, eff. 10-1-83; emerg. cr. (2m) (aa), am. (2m) (c), (d), (g), (h) and (k), eff. 8-13-84; emerg. am. (3) eff. 8-27-84, cr. (2m) (aa), am. (2m) (c), (d), (e), (g), (h), (k) and (3),
Register, May, 1985, No. 353, eff. 6-1-85; r. (8), renum. (1) to (7) to be (2) to (9) and am. (6) and (7), cr. (1),
Register, August, 1985, No. 356, eff. 9-1-85; am. (3),
Register, July, 1987, No. 379, eff. 8-1-87; am. (3),
Register, July, 1988, No. 391, eff. 8-1-88;
CR 16-037: r. (4) (f)
Register April 2017 No. 736, eff. 5-1-17;
CR 21-103: r. (4) (a), am. (4) (aa) to (d), r. and recr. (e), am. (g), r. (4) (h), r. and recr. (4) (i), am. (4) (j), (k)
Register June 2022 No. 798, eff. 7-1-22; correction in (4) (c), (j), (k) made under s.
35.17, Stats.,
Register June 2022 No. 798.
NR 19.11
NR 19.11 Scientific collectors permits and scientific research licenses. NR 19.11(1)(1)
Definitions. For the purposes of implementing ss.
29.614 and
169.25, Stats., and within this section, the following definitions apply:
NR 19.11(1)(a)
(a) “Qualified natural person" or “person" means any individual complying with s.
29.614, Stats., and this section, not including a corporation, partnership, cooperative, society, association or other organization.
NR 19.11(1)(b)
(b) “Bonafide research program" means planned study and investigation undertaken to discover or establish facts or principles leading to increased, useful scientific knowledge.
NR 19.11(1)(c)
(c) “Useful scientific knowledge" means new information contributing to the long-term well-being of wild animals and their habitats, or providing educational opportunities in the natural sciences.
NR 19.11(2)(a)(a) Permits not required. Scientific collectors permits are not required for the collection of wild plants, unprotected wild animals taken legally, or wild animals obtained from licensed game farms or fish hatcheries.
NR 19.11(2)(b)
(b) Bird banding. Scientific collectors permits will be required for trapping and banding protected nonmigratory upland game birds.
NR 19.11(2)(c)
(c) Licenses. A person is not required to possess a separate hunting, fishing or trapping license while collecting under a scientific collector permit.
NR 19.11(2)(d)
(d) Endangered species. Endangered or threatened wild animals may be collected only under authority of endangered species permits issued by the department pursuant to s.
29.604, Stats., and ch.
NR 27.
NR 19.11(2)(e)
(e)
Tagging of fish. Scientific collectors permits are required to capture a wild fish, attach a tag to any part of it, and then to release it back into waters of the state, unless the department grants specific written authorization to tag fish for the purposes of a fishing contest.
NR 19.11(3)(a)(a) Forms. Applications for scientific collectors permits shall be made on application forms provided by the department and include:
NR 19.11(3)(a)8.
8. Such additional information as may be requested by the department.
NR 19.11(3)(b)
(b) Narrative proposal. All permit applications shall be accompanied by a written proposal stating the objectives, justifications, procedures, times and places of collection, application of results and sponsor, if any, of the project described in the application.
NR 19.11(4)(a)(a) Issuance. Permits shall be issued in the name of the applicant. All agents of the permittee assisting in the permitted collections will be listed on the permit. Separate copies of permits shall be signed and carried by each person named in the permit when that person is acting under it in the absence of the permittee.
NR 19.11(4)(b)
(b) Specimen materials. A permit will be issued for collections yielding preserved specimen materials only when such materials are to be kept in a place and manner where students and the public have access to them. Private collections to be kept in a manner not open to the public will not be approved.
NR 19.11(4)(c)1.1. `Contents.' Permits will contain conditions deemed necessary by the department to protect the resources of the state and assure use of specimens taken are in compliance with s.
29.614, Stats.
NR 19.11(4)(c)2.
2. `Nonresidents.' Permits issued to nonresidents will set forth conditions of removal of specimens from the state.
NR 19.11(4)(c)3.a.a. Permits involving the capture, marking, collection, possession or salvage of migratory birds or parts, nests or eggs of migratory birds will not be issued under this section until the applicant possesses a permit issued by the U.S. fish and wildlife service for that activity.
NR 19.11(4)(c)3.b.
b. Permits under this section are not required for banding or marking capture-and-release activities authorized under a permit issued by the U.S. fish and wildlife service.
NR 19.11(4)(c)4.
4. `Size of collections.' Permits will not be issued which authorize collections endangering the population of animals the collection would draw from, or exceeding the number of animals required to meet the permittee's objectives.
NR 19.11(4)(c)5.
5. `Unprotected species.' Permits will not be issued for the collection of protected species if unprotected species can be used to accomplish the same purposes.
NR 19.11(5)(a)1.1. Living unharmed specimens collected during the course of permitted activities shall be returned to the wild at the point of capture, unless otherwise provided in the permit.
NR 19.11(5)(a)2.
2. Any endangered or threatened species taken unintentionally during the course of permitted activities shall be immediately released if unharmed.
NR 19.11(5)(a)3.
3. Injured or dead wild animal specimens shall be immediately turned over to the department employee named in the permit unless otherwise provided in the permit.
NR 19.11(5)(b)
(b) Notification of department. Each permittee shall notify the department employee named in the permit at least 48 hours prior to collecting of the time and place where specimens will be collected.
NR 19.11(5)(c)
(c) Marked gear. All traps, nets and any other gear used for capturing wild animals under terms of a permit shall be marked with the permit number, name and address of the permittee.
NR 19.11(5)(d)
(d) Trap and net tending. All traps, nets and other capture emptied by the permittee at least once each 24-hour period.
NR 19.11(5)(e)1.1. `Gill nets.' Gill nets may not be used in inland waters unless specifically authorized by a permit.
NR 19.11(5)(e)2.
2. `Buoys.' All buoys and buoy staffs shall be marked and maintained as required by the department. The permit number, name and address of the permittee shall be maintained in plain figures on the bowl of the buoy.
NR 19.11(5)(e)3.
3. `Sport fishing equipment.' Hook and line fishing equipment and spearing equipment may not be possessed on a boat operating under a permit without prior approval of the department.
NR 19.11(6)(a)
(a) Records. Each permittee shall keep current records, in the English language, of all collections under the permit. Records of collections shall be made available to the department during normal business hours, or upon 8 hours notice at other times.
NR 19.11(6)(b)
(b) Required reports. Permittees shall supply information requested by the department and annually file a complete and accurate report on forms covering activities conducted under authority of the permit. Unless otherwise provided in the permit, such reports shall be filed using a report form provided by the department not later than January 10 of the year following expiration of the permit.
NR 19.11(6)(c)
(c) Content. Annual reports by permittees shall include:
NR 19.11(6)(c)1.
1. The common name, scientific name and number of each species and type of specimen material collected;
