29.519(4)(c)
(c) In case of illness or unavailability for good cause of a licensed crew member, an unlicensed person may work on a commercial fishing operation for a period not to exceed 48 hours under a temporary crew identification card, after which time he or she must obtain a crew license to engage in commercial fishing operations. Temporary crew identification cards shall be issued by the department to commercial fishing licensees for use as provided in this paragraph. Prior to use, the commercial licensee shall indicate on the temporary crew identification card the license number and name of the commercial fisher for whom the crew member will be working, the time and date the crew member commences work under the card and the crew member's name, address, description and his or her signature. The card shall be presented, upon request, to a warden and must be in the possession of the crew member at all times while engaged in commercial fishing operations. The commercial fisher issuing the temporary crew identification card to an unlicensed person shall submit the card to the department with the commercial catch report submitted for the period in which work conducted under the card was performed.
29.519(4)(d)
(d) The commercial fishing licensee is responsible for all acts of crew members conducting commercial fishing activities for the licensee. A commercial fishing licensee may be charged with and convicted of a violation committed by his or her crew member while the crew member is conducting commercial fishing activities for the licensee. Upon revocation of a commercial fishing license, all crew member licenses issued under that license are invalid, and no person may be issued a temporary crew identification card under that license.
29.519(4g)
(4g) Prohibition against operating fish farms. No person who holds a commercial fishing or crew license issued under this section may operate a fish farm that contains a species of fish that the holder of the license is authorized to catch under this section.
29.519(4m)
(4m) Fishing for certain species of fish in Lake Michigan and Green Bay. 29.519(4m)(a)(a) In this subsection, "incidental catch" means species of fish inadvertently caught while a commercial fisher licensed under
sub. (1) is fishing by trawl for other species of fish.
29.519(4m)(b)
(b) An incidental catch of smelt, chub or alewife from the waters of Green Bay or Lake Michigan may be brought to shore for the purpose of sorting or sale.
29.519(4m)(c)
(c) A commercial fisher licensed under
sub. (1) may fish by trawl for the total allowable commercial harvest of smelt, as set by rule by the department, on the waters of Green Bay at any time during the period beginning one hour after sunset and ending 3 hours after sunrise if all of the following apply:
29.519(4m)(c)2.
2. The fishing occurs in the areas and during the seasons established by the department for the fishing of smelt.
29.519(4m)(e)
(e) The department shall establish by rule a harvest limit for alewife on the waters of Green Bay and Lake Michigan.
29.519(5)(a)(a)
Records and reports. Each commercial fishing licensee shall maintain records and provide reports as required by the department by rule.
29.519(5)(b)
(b)
Fishing records. The licensee shall keep a complete, legible and accurate record of the licensee's daily fishing activities, in the manner required and on forms provided by the department. The record shall include the complete name, address and commercial fishing license number of the licensee; the name and number of the boat fished from; the location fished; the month and year the record is being kept for; the date of each day's fishing activity; the kind and amount of commercial fishing gear used; the kind of fish caught and the number of pounds of each kind of fish caught; and the signature of the licensee.
29.519(5)(c)
(c)
Catch disposition records. The licensee shall keep a complete, legible and accurate record of the disposition of landed catch, in the manner required and on forms provided by the department. The record shall include the complete name, address and commercial fishing license number of the licensee; for each wholesale sale, the complete name, address and wholesale fish dealer license number, if any, of the buyer and the kinds of fish sold, the number of pounds of each kind and the description of the fish sold and the date of the transaction; for direct retail sales, the kinds of fish sold and the total pounds of each kind; and the signature of the licensee. In this paragraph, "landed catch" means those fish or fish parts caught in commercial fishing operations and brought to shore to sell or otherwise utilize.
29.519(5)(d)
(d)
Reports. On or before the 10th day of each month, each commercial fishing licensee shall submit the reports required under this subsection for the preceding month to the department. If the reports are mailed to the department, the date of the postmark constitutes the date of filing.
29.519(6)
(6) Inspection. For purposes of enforcement of this section, wardens or department employes duly authorized and designated by the secretary, upon presenting appropriate credentials to the licensee or agent in charge, are authorized:
29.519(6)(a)
(a) To enter any building or structure, excluding a dwelling place, in which nets or fish are stored, processed, packed or held, or to enter any boat or vehicle being used to transport nets or fish when the owner or agent in charge is present or upon 8 hours' notice at other times.
29.519(6)(b)
(b) To inspect buildings, structures, boats or vehicles, all pertinent equipment including nets used or stored in the places to be inspected and any fish stored, processed, packed or held in the places to be inspected.
29.519(6m)
(6m) Interference with inspections. No licensee, licensed crew member, operator of a vehicle or boat for the licensee or an employe acting on behalf of the licensee may prohibit entry or prohibit an inspection to be conducted as authorized under
sub. (6) unless a court restrains or enjoins the entry or inspection.
29.519(7)
(7) Commercial fishing boards. The Lake Superior and Lake Michigan commercial fishing boards established under
s. 15.345 (2) and
(3) shall review and consider applications for a transfer of license under this section and shall approve or deny applications on the basis of rules promulgated by the department. The boards shall recommend to the department species harvest limits and formulas for the allotment of individual licensee catch quotas when the department establishes species harvest limits for allocation among licensees. The boards shall assist the department in establishing criteria for identifying inactive licensees. The criteria established for identifying inactive licensees shall be the basis for rules governing the issuance of licenses. The boards may also advise the department on all other commercial fishing matters relating to Lake Michigan and Lake Superior.
29.519 Annotation
The warrantless search of fisherman's truck by a state conservation wardens under sub. (6) was presumptively reasonable. State v. Erickson, 101 W (2d) 224, 303 NW (2d) 850 (Ct. App. 1981).
29.519 Annotation
An employe was improperly charged with a license violation under sub. (1) since the burden to obtain licenses for employes is on the employer. State v. Filipczak, 132 W (2d) 208, 390 NW (2d) 110 (Ct. App. 1986).
29.519 Annotation
Relationship between Indian fishing rights and commercial fishing quotas discussed. 68 Atty. Gen. 416.
29.522
29.522
Description of nets; use of. 29.522(1)(a)(a)
Fyke net. A fyke net is a composite net consisting of the following parts:
29.522(1)(a)1.
1. One net of a general hoop or circular-like structure commonly called a crib or pot with numbers of hoops holding, encasing or inclosing net webbing.
29.522(1)(a)2.
2. One or more small funnel-shaped nets commonly called tunnels with a large opening at one end and a small opening or throat at the other end through which the fish can pass from the outer part of the net into the crib or pot. This tunnel or these tunnels are attached to the inside of the crib or pot.
29.522(1)(a)3.
3. Two fence-like nets called wings or hearts attached to and extending obliquely outward from each side of the mouth of the net proper.
29.522(1)(a)4.
4. One fence-like net called a leader running from the center of the tunnel outward between the wings in a straight or angular line away from the net proper.
29.522(1)(b)
(b)
Drop net. A drop net is a composite net consisting of the following parts:
29.522(1)(b)1.
1. One net of a general hoop or circular-like structure called a crib or pot with numbers of hoops holding, encasing or inclosing net webbing.
29.522(1)(b)2.
2. One or more small funnel-shaped nets commonly called tunnels with a large opening at one end and a small opening or throat at the other through which the fish can pass from the outer part of the net into the crib or pot. This tunnel or these tunnels are attached to the inside of the crib or pot.
29.522(1)(b)3.
3. One funnel- or hood-shaped net called a tunnel sloping upward and outward from the pot or crib.
29.522(1)(b)4.
4. Two fence-like nets called wings or hearts attached to and extending obliquely outward from each end of the tunnel.
29.522(1)(b)5.
5. One fence-like net called a leader running from the center of the tunnel outward between the wings in a straight or angular line away from the net proper.
29.522(1)(c)
(c)
Short tunnel pound net. A short tunnel pound net is a composite net consisting of the following parts:
29.522(1)(c)1.
1. One boxlike receptacle closed at the bottom and sides and open at the top in which the fish are finally caught or impounded and variously known as a pound, pot or crib, but generally and commonly known in Wisconsin as a pot.
29.522(1)(c)2.
2. Two fence-like nets called hearts set one on each side of the tunnel mouth and used to form a preliminary inclosure resembling a heart in shape with no cover on the top or bottom.
29.522(1)(c)3.
3. One or more funnel-shaped nets commonly called a tunnel or tunnels with a large opening at one end and a small opening or throat at the other through which the fish can pass from the hearts into the pot.
29.522(1)(c)4.
4. One fence-like net called a leader running from the opening in the hearts in a straight or angular line away from the net proper.
29.522(1)(c)5.
5. All pound nets licensed or operated under this section must have their tunnels located and fastened entirely on the inside of the pot of the same, forming a net that is commonly known and called a short tunnel pound net.
29.522(2)(a)(a)
Trammel net. A trammel net is made of 3 sheets of net webbing, one of them of comparatively small mesh and of fine twine being hung between 2 sheets of net webbing of much larger mesh and heavier twine. This net is equipped at the top and bottom with lead or maitre cord, line, or rope to which at the top are attached floats and at the bottom, sinkers. The inner web of this net is of considerably greater fullness than the outside web.
29.522(2)(b)
(b)
Gill net. A gill net is a net designed to entangle fish and made of a single web of fine thread hung and fitted at the top and bottom with lead or maitre cord, line, or rope to which are attached at the top, floats, and at the bottom, sinkers.
29.522(3)
(3) Drag nets; seine. A seine is a net made of a circular, square or long webbing of coarse twine hung very full and fitted at the top and bottom with lead or maitre cord, line or rope. To such lines at the top are attached floats, and at the bottom, sinkers. This net is hung with such fullness that it creates or forms a kind of a bag near the center of the net which holds or entraps the fish while the net is being drawn through the waters.
29.522 History
History: 1977 c. 418;
1997 a. 248 s.
477; Stats. 1997 s. 29.522.
29.523
29.523
Net licenses, Mississippi and St. Croix rivers. 29.523(1)(1) Licenses which authorize the use of nets in the Mississippi River and in that part of the St. Croix River downstream from the dam at St. Croix Falls shall be issued subject to
s. 29.024 by the department to a resident who applies for a license. This subsection, as applicable to the St. Croix River, is not effective unless Minnesota has in effect similar legislation.
29.523(2)
(2) Each net license authorizes the use of one or more of the following nets only:
29.523(4)(a)(a) Except when lifting or setting a gill net, no person may use a seine, gill, bait, buffalo or frame net in the Mississippi and St. Croix rivers unless the net has the required number of tags stamped to designate the kind of net and number of the net license covering it securely fastened to it.
29.523(4)(b)1.
1. For a seine net, one tag for each 500 lineal feet, or fraction thereof.
29.523(4)(b)2.
2. For a gill net, one tag for each 2,000 lineal feet, or fraction thereof.
29.523(4)(b)3.
3. For a bait, buffalo or frame net, one tag for each net.
29.523(4)(c)
(c) The department shall issue net tags to the licensee at the time of issuing the net license.
29.523(5)
(5) Each licensee shall keep a strict record and account as to each variety of fish and the number of pounds of each variety that are taken by the licensee in gear licensed to the licensee and such other information as the department requires; and shall report thereon to the department on or before the 10th day of each month during the license period.
29.523(6)
(6) No person who holds a net license may operate a fish farm that contains a variety of fish that the holder of the license is authorized to catch under this section.
29.523 History
History: 1975 c. 360;
1983 a. 27,
192;
1991 a. 316;
1997 a. 27;
1997 a. 248 ss.
478 to
481; Stats. 1997 s. 29.523.
29.526
29.526
Slat net fishing in the Mississippi River. 29.526(1)
(1) A slat net license authorizing the taking of commercial fish through the use of slat nets in that part of the Mississippi River over which this state has jurisdiction between the Minnesota-Iowa boundary line extended and the Wisconsin-Illinois boundary line extended shall be issued subject to
s. 29.024 by the department to any resident who applies for this license.
29.526(2)
(2) A person who is issued a slat net license or a crew may operate not to exceed 50 properly tagged slat nets.
29.526(3)
(3) No person may use a slat net unless it is properly tagged. In order to be properly tagged a slat net is required to have attached to it a tag stamped to designate the kind of net and the number of the slat net license. Slat net tags are required to remain attached to the nets until replaced by renewal tags.
29.526(4)
(4) No slat net may be set within 100 feet of any muskrat or beaver house. Any slat net found in any waters during the closed season for the use of slat nets and any slat net found on the Wisconsin banks or shores without a slat net tag and showing evidence of being used in the previous 5 months shall be seized and held subject to the order of the court or judge under
s. 29.931 (2).
29.526(5)
(5) A sufficient supply of slat net tags shall be furnished by the department to persons issuing approvals under this section.
29.526(6)
(6) No person who holds a slat net license may operate a fish farm that contains a species of fish that the holder of the license is authorized to catch under this section.
29.526 History
History: 1971 c. 266;
1983 a. 27 ss.
793 to
795;
1997 a. 27;
1997 a. 248 ss.
482 to
488; Stats. 1997 s. 29.526.
29.529
29.529
Trammel net fishing in the Mississippi River. 29.529(1)(1) The department may issue a trammel net license to any resident who applies for this license.
29.529(2)
(2) This license authorizes the use of trammel nets in that part of the Mississippi River over which this state has jurisdiction.
29.529(3)
(3) No person may use a trammel net which exceeds 300 feet and no person may use a trammel net unless it is properly tagged. In order to be properly tagged, a trammel net is required to have attached to it a tag stamped to designate the kind of net and the number of the trammel net license. Trammel net tags are required to remain attached to the nets until replaced by renewal tags.
29.529(4)
(4) No trammel net may be set within 100 feet of any muskrat or beaver house. Any trammel net found in any waters during the closed season for the use of trammel nets and any trammel nets found on the Wisconsin banks or shores without a trammel net tag and showing evidence of being used in the previous 5 months shall be seized and held subject to the order of the court or judge under
s. 29.931 (2).
29.529(5)
(5) No person who holds a trammel net license issued under this section may operate a fish farm that contains a species of fish that the holder of the license is authorized to catch under this section.
29.529 History
History: 1983 a. 27 s.
795;
1983 a. 192;
1997 a. 27;
1997 a. 248 ss.
489,
490; Stats. 1997 s. 29.529.
29.531
29.531
Set or bank pole licenses. 29.531(1)
(1) A set or bank pole license authorizing the use of not to exceed 5 set or bank poles for taking, catching or killing fish in the inland waters of the state where the use of setlines is permitted shall be issued subject to
s. 29.024 by the department to any resident who applies for the license.
29.531(2)
(2) No set or bank pole may be used unless there is securely attached to the pole a tag stamped with the number of the license. Tags shall be furnished by the department to the licensee at the time of issuing the license.
29.531(3)
(3) For the purposes of this section a set or bank pole is defined as a pole equipped with one line and not to exceed 2 hooks of a size not smaller than 3-0 which pole is used for fishing from the banks of lakes or rivers and may be operated in the same manner as a setline.
29.531(4)
(4) No person who holds a set or bank pole license may operate a fish farm that contains a species of fish that the holder of the license is authorized to catch under this section.
29.531 History
History: 1983 a. 27;
1983 a. 192 s.
303 (6);
1997 a. 27;
1997 a. 248 ss.
491 to
494; Stats. 1997 s. 29.531.
29.533
29.533
Setline licenses; inland waters. 29.533(1)
(1) A setline license authorizing the use of setlines and hooks in inland waters in the manner determined by the department for taking, catching or killing fish shall be issued subject to
s. 29.024 by the department to any resident applying for this license.
