NR 25.08
NR 25.08
Transfer of individual licensee catch quotas. Individual licensee catch quotas allotted under s.
NR 25.07 (1) (a) or
(b) or
(2) (am) 1.,
(b),
(bg),
(br),
(c),
(d),
(e), or
(f) may be transferred by the licensee receiving the quota allocation to another valid licensee authorized to engage in commercial fishing in the waters to which the quota applies, who meets all criteria for receiving such a quota other than previous fishing history, subject to the conditions stated in this section.
NR 25.08(1)
(1) Application for individual licensee catch quota transfers shall be made on forms provided by the department.
NR 25.08(2m)
(2m) A northern chub fishing zone permit issued under s.
NR 25.07 (2) (a) 1., may be permanently transferred by the permit holder only in conjunction with the transfer of the permit holder's valid license authorizing commercial fishing in the outlying waters under s.
NR 25.04.
NR 25.08(2t)(a)(a) All or part of an individual licensee catch quota allotted under s.
NR 25.07 (2) (g) 5., may be temporarily or permanently transferred by the licensee receiving the quota allocation to another licensee who also holds a valid quota smelt fishery permit and individual licensee catch quota issued under s.
NR 25.07 (2) (g) 5. NR 25.08(2t)(b)
(b) A quota smelt fishery permit and individual licensee catch quota allotted under s.
NR 25.07 (2) (g) 5., may be transferred by the licensee receiving the permit and catch quota to a person who does not also hold a valid quota smelt fishery permit and individual licensee catch quota issued under s.
NR 25.07 (2) (g) 5., only in conjunction with the transfer of the permit holder's valid license authorizing commercial fishing in the outlying waters under s.
NR 25.04.
NR 25.08(3)
(3) A licensee may designate on the application for their individual licensee catch quota a person to whom the licensee wishes that quota to be transferred in the event of the licensee's death or incapacity. This designation may be changed during the license year as requested in writing by the licensee. The designated person shall meet the criteria under this section for the transfer to occur.
NR 25.08(3)(a)
(a) In the absence of such a designation, or a qualified transferee, or a transferee capable of accepting the transfer under this section, members of the immediate family of the licensee who meet the eligibility requirements of this section shall be offered the quota. The offer shall be made by the department in the following order:
NR 25.08(3)(b)1.1. If a prospective transferee under this subsection is not eligible under the criteria of s.
29.519, Stats., and this chapter to receive a Lake Superior quota at the time it is offered, but he or she could become eligible within 2 years, the department shall offer the quota to the person. If the person accepts the quota within 30 days of the offer, the person shall have until 2 years from the date of acceptance to show that he or she meets the eligibility requirements of s.
29.519, Stats., and this chapter, during which time the quota shall be held in abeyance by the department. However, if it becomes apparent to the department that the person cannot become eligible within 2 years from the date of acceptance; if the person fails to become eligible within the 2-year period; or if the person does not accept the offer within 30 days, the department shall offer the quota to the next prospective transferee under this subsection, if any exist.
NR 25.08(3)(b)2.
2. If a prospective transferee under this subsection is not eligible under the criteria of s.
29.519, Stats., and this chapter to receive a Lake Michigan quota at the time it is offered, but he or she could become eligible within 2 years, the department shall offer the quota to the person. If the person accepts the quota within 30 days of the offer, the person shall have until 2 years from the date of acceptance to show that he or she meets the eligibility requirements of s.
29.519, Stats., and this chapter, during which time the quota shall be held in abeyance by the department. However, if it becomes apparent to the department that the person cannot become eligible within 2 years from the date of acceptance; if the person fails to become eligible within the 2-year period; or if the person does not accept the offer within 30 days, the department shall offer the quota to the next prospective transferee under this subsection, if any exist.
NR 25.08(3)(c)
(c) All offers of transfer under this subsection shall be accepted within 30 days from the date of offer or be considered refused.
NR 25.08(3)(d)
(d) The provisions of this subsection shall apply to quotas granted for license year July 1, 1983 to June 30, 1984 and subsequent license years.
NR 25.08(4)
(4) Individual licensee catch quotas may not be transferred if the quota holder or the recipient are charged with a violation of outlying waters commercial fishing laws under which conviction could cause revocation or suspension of their respective commercial fishing license. This subsection shall apply from issuance of the citation or complaint until the matter is adjudicated or dismissed.
NR 25.08(5)
(5) Individual licensee catch quota transfers shall be reviewed and approved or denied by the department. Such review and approval or denial shall occur within 20 business days after receipt by the department of a complete transfer request. The department shall notify the appropriate commercial fishing board of any transfer denial.
NR 25.08 History
History: Cr.
Register, January, 1985, No. 349, eff. 2-1-85; emerg. am. (intro.), eff. 7-1-89, am. (intro.),
Register, October, 1989, No. 406, eff. 11-1-89; am. (intro.) and (2), cr. (2m),
Register, November, 1991, No. 431, eff. 12-1-91; am. (2),
Register, November, 1993, No. 455, eff. 12-1-93; am. (2m) and (5),
Register, March, 1994, No. 459, eff. 4-1-94; am. (intro.) and (2), cr. (2t),
Register, October, 1995, No. 478, eff. 11-15-95; correction in (intro.) and (2) made under s. 13.93 (2m) (b) 7., Stats.,
Register, February, 1996, No. 482; r. and recr. (3) (b) and cr. (3) (b) 2.,
Register, June, 1997, No. 498, eff. 7-1-97; am. (5),
Register, July, 1999, No. 523, eff. 8-1-99; correction in (2t) made under s. 13.93 (2m) (b) 1., Stats.,
Register, July, 1999, No. 523, eff. 8-1-99;
EmR1627: emerg. am. (intro.), eff. 10-1-16;
CR 16-061: am. (intro.)
Register September 2017 No. 741, eff. 10-1-17; correction in (intro.) made under s. 35.17, Stats.,
Register September 2017 No. 741.
NR 25.08 Note
Note: See the table of Appellate Court Citations for Wisconsin appellate cases citing s.
NR 25.08.
NR 25.09
NR 25.09
Commercial fishing gear. Licensed commercial fishers and treaty fishers conducting commercial fishing operations may only use the following gear subject to the conditions stated in this section and in the areas designated:
NR 25.09(1)(ad)
(ad) Gill nets - 1 3/4 inch. The licensee may use gill nets with a mesh size of not more than 1
3/
4 inch stretch measure.
NR 25.09(1)(ah)
(ah)
Gill nets - 2
3/8 inch. The licensee may use gill nets with a mesh size of not less than 2
3/
8 inch and not more than 3 inch stretch measure under the following conditions:
NR 25.09(1)(ah)1.
1. From January 16 to November 9, the licensee may use gill nets of this size stretch measure only when the bottom lead or maître cord, line, or rope is on the lake bottom, only when the depth of water at that location is 12 to 60 feet (2 to 10 fathoms) deep or 210 to 330 feet (35 to 55 fathoms)
deep, and only when the number of meshes does not exceed 35 meshes in depth.
NR 25.09(1)(ah)2.
2. From November 10 to January 15, the licensee may use gill nets of this size stretch measure only when the bottom lead or maître cord, line, or rope is on the lake bottom, only when the depth of water at that location is 60 to 330 feet (10 to 55 fathoms) deep, and only when the number of meshes does not exceed 35 meshes in depth.
NR 25.09(1)(ah)3.
3. At any time of year, the licensee may use gill nets of this size stretch measure, provided that the bottom maitre cord or lead line is at least 6 feet (1 fathom) above the lake bottom and the top maitre cord or float line is at least 12 feet (2 fathoms) below the surface of the water, and that the number of meshes does not exceed 60 meshes in depth.
NR 25.09(1)(am)
(am) Gill nets - 4 7/16 inch. The licensee may set gill nets with a mesh size of not less than 4
7/
16 inch stretch measure under all of the following conditions:
NR 25.09(1)(am)1.
1. The licensee may set gill nets with 4
7/
16 inch stretch measure not exceeding 36 meshes in depth and only when set on the bottom of the lake.
NR 25.09(1)(am)2.
2. In addition to the requirement in subd.
1., the licensee may set gill nets with 4
7/
16 inch stretch measure not exceeding 36 meshes in depth in waters less than 330 feet (55 fathoms) deep only from November 28 through September 30.
NR 25.09(1)(am)3.
3. In addition to the requirements in subds.
1. and
2., in water less than 330 feet (55 fathoms) deep, the total maximum feet of gill net with mesh size equal to 4
7/
16 inch and greater that the licensee may set shall be determined by the department according to this subdivision based on CPE in order to ensure that total allowable state and tribal annual lake trout harvest quotas and individual fishers' harvest quotas are not exceeded.
NR 25.09(1)(am)3.a.
a. The lake trout open season under s.
NR 25.05 is divided into 3 periods. The department shall determine CPE and determine the total maximum feet of gill net with mesh size equal to 4
7/
16 inch and greater which may be set by all licensees during each of the following 3 periods:
period 1: November 28 through March 31;
period 2: April 1 through May 31;
period 3: June 1 through September 30.
NR 25.09(1)(am)3.b.
b. CPE for each period shall be determined from department-monitored state and tribal net lifts occurring during each period.
NR 25.09(1)(am)3.d.
d. The 3-year average CPEs shall be calculated by the department as the average of the monitored CPEs for the corresponding periods of the preceding 3 lake trout open seasons using data from department-monitored net lifts.
NR 25.09(1)(am)3.e.
e. No commercial fisher may set more than his or her allowable gill net effort during each period of the lake trout open season. The department shall use the following formula to determine each commercial fisher's allowable gill net effort in feet of net:
period 1 allowable gill net effort:
Individual Lake Trout Quota x 1000
Period 1 CPE
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. The department shall make available allowable gill net effort limitations for period 1 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. The department shall determine gill net effort limitations for periods 2 and 3 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)4.
4. Upon use of all tags issued for lake trout to the licensee 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., a licensee may not set gill nets with a mesh size of 4
7/
16 inch stretch measure in water less than 330 feet (55 fathoms) deep for the remainder of the lake trout open season.
NR 25.09(1)(am)5.
5. The licensee using the gill net shall tag 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. The licensee may not set or place gill nets 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. The licensee may not set or place gill nets within one-quarter mile shoreward of the pot and lead of any entrapping net, except that if a trap net is set within one-quarter 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. The licensee may set gill nets 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.
The licensee shall legibly mark each gill net with the license number or fleet reporting number of the license holder on each float or on each lead, and shall mark the bowls of the buoys on each end of the gang with the license number of the license holder in accordance with s.
29.516 (2) (d) 1., Stats.
NR 25.09(1)(av)
(av)
Gill net lifting requirements.
The licensee shall lift each gill net a minimum of:
NR 25.09(1)(av)1.
1. Once every 72 hours in open water less than 96 feet (16 fathoms) deep.
NR 25.09(1)(av)2.
2. Once every 120 hours in open water 96 to 210 feet (16 to 35 fathoms) deep.
NR 25.09(1)(av)3.
3. Once every 240 hours in open water more than 210 feet (35 fathoms) deep.
NR 25.09(1)(b)1.1. The licensee may use entrapping nets 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. The licensee may set, place, or operate entrapping nets 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. Each licensee may use up to 10 entrapping nets per license, as measured by the number of pots or cribs.
NR 25.09(1)(b)4.
4. The licensee shall lift each entrapping net a minimum of once every 168 hours.
NR 25.09(1)(b)5.
5. Each entrapping net 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. The licensee may not place entrapping nets within one-half mile of any other entrapping net.
NR 25.09(1)(b)7.
7. The licensee may not place or operate entrapping nets 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 measure.
NR 25.09(1)(b)8.
8. The licensee may not place or operate entrapping nets in the waters of Lake Superior from a boat or watercraft from November 28 through March 31.
NR 25.09(1)(b)9.
9. A licensee fishing with entrapment nets 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 only from April 1 to September 30.
NR 25.09(1)(b)10.
10. The licensee may not place or operate entrapping nets within one mile of a designated trout stream.
NR 25.09(1)(b)11.
11. The licensee shall mark and maintain each entrapping net 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 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 one-quarter mile of any other net, except that if a trap net is set illegally within one-quarter mile of a legally placed gill net, that gill net may continue to be lifted and reset in the same location in accordance with par.
(am) 7. 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)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)(a)1.1. `Gill nets of 13/4 inch stretch measure for smelt.' For taking smelt only, a licensee may use gill nets with a mesh size of not more than 1
3/
4 inch stretch measure not exceeding 60 meshes in depth in Green Bay and 30 meshes in depth in Lake Michigan.
NR 25.09(2)(a)2.
2.
`Gill nets of 23/8 to 21/2 inch stretch measure in southern Green Bay.' In southern Green Bay only, a licensee may use gill nets with a mesh size of not less than 2
3/
8 inch and not more than 2
1/
2 inch stretch measure not exceeding 60 meshes in depth.
NR 25.09(2)(a)3.
3.
`Gill nets of 23/8 to 23/4 inch stretch measure in the southern chub fishing zone in Lake Michigan.' In water more than 150 feet (25 fathoms) deep in the southern chub fishing zone in Lake Michigan only except as provided in subd.
4., a licensee may use gill nets with a mesh size of not less than 2
3/
8 inch and not more than 2
3/
4 inch stretch measure, and not less than 24 meshes and not more than 60 meshes in height.
NR 25.09(2)(a)4.
4. `Gill nets of 21/2 to 23/4 inch stretch measure.' In any of the following areas and under the following conditions, a licensee may use gill nets with a mesh size of not less than 2
1/
2 inch and not more than 2
3/
4 inch stretch measure:
NR 25.09(2)(a)4.a.
a. For chubs in Lake Michigan, a licensee may use gill nets of 2
1/
2 to 2
3/
4 inch stretch measure in the northern chub fishing zone only and those nets may not exceed 60 meshes in depth.
NR 25.09(2)(a)4.b.
b. For other legal fish species in Lake Michigan and Green Bay, a licensee may use gill nets of 2
1/
2 to 2
3/
4 inch stretch measure only in the areas and with the restrictions described under subd.
4. c. and
d. NR 25.09(2)(a)4.c.
c. In Lake Michigan in waters less than 150 feet (25 fathoms) deep outside the northern chub fishing zone, a licensee may use gill nets of 2
1/
2 to 2
3/
4 inch stretch measure only if the gill nets do not exceed 18 meshes in depth.
