29.519(4m)(a)(a) In this subsection, “incidental catch" means species of fish inadvertently caught while a commercial fisher licensed under sub.
(1m) 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.
(1m) 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 nighttime 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(5)(a)(a)
Records requirements. Each commercial fisher shall maintain and submit records to the department in the form and manner required by the department.
29.519(5)(b)
(b)
Fishing records. The commercial fisher shall keep and submit a complete, legible and accurate record of the licensee's daily fishing activities, in the form and manner required 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 for which the record is being kept; 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)
Fish disposition records. The commercial fisher shall keep a complete, legible and accurate record of the disposition of landed catch, in the form and manner required 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 sale; for direct retail sales, the kinds of fish sold, the total pounds of each kind, and the date of the sale; 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 utilize or to sell or otherwise dispose of.
29.519(5)(dm)1.1. Each commercial fisher shall maintain and retain all records required under this subsection for a period of at least 5 years from the date on which the record was created. Each commercial fisher shall notify the department annually, on forms available from the department, of the location of the commercial fisher's records.
29.519(5)(dm)2.
2. Upon the written request of a commercial fisher to the department, the department shall maintain the confidentiality of the information contained on each record furnished by the commercial fisher to the department.
29.519(5)(dm)3.
3. Notwithstanding the confidentiality requirement in subd.
2., the department may disclose information contained on any record furnished by a commercial fisher to the department if the disclosure is in furtherance of an investigation or enforcement action undertaken by the department or a law enforcement agency.
29.519(5)(dm)4.
4. Notwithstanding the confidentiality requirement in subd.
2., the department may disclose information contained on any record furnished by a commercial fisher to the department if the department uses the information for a statistical summary or report that does not identify the commercial fisher by name or license number.
29.519(5m)
(5m)
Inventory. Each commercial fishing licensee shall prepare an annual inventory of Great Lakes fish and all species of sturgeon owned by the licensee or in the licensee's possession or control at the time that the inventory is prepared, including such fish maintained in cold storage facilities. The inventory shall be furnished to the department within 15 days after the inventory is completed. The inventory shall be recorded on a form available from the department and shall include the weight of the fish in pounds or kilograms, the species of the fish, the condition of the fish, and the address of the location of the fish.
29.519(6)
(6)
Inspection. For purposes of enforcement of this section, wardens or department employees duly authorized and designated by the secretary, upon presenting appropriate credentials to the commercial fisher, crew member, or agent in charge, are authorized:
29.519(6)(a)
(a) To enter any building or structure, excluding a dwelling place, in which records, nets, or fish are stored or held, or in which fish are processed or packed, 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, to inspect all pertinent equipment including nets used or stored in the places to be inspected, to inspect or copy all records of commercial fishing activity, of fish storage, and of fish disposition, and to inspect any fish stored, processed, packed or held in the places to be inspected.
29.519(6)(c)
(c) To direct a commercial fisher, a crew member, or an agent in charge to empty any fish box that is larger than a standard fish box, as defined by the department by rule. If so directed, the commercial fisher, crew member, or agent shall empty such fish box.
29.519(6g)
(6g)
Record production. Upon the request of the department, a commercial fisher shall produce all records relating to the production, acquisition, sale, trade, barter, storage, or disposition of fish that are kept at the commercial fisher's place of business or at a residence, dwelling, or location other than the commercial fisher's place of business within 24 hours of the request for inspection or copying. The records shall be mailed within 24 hours of receipt of the request.
29.519(6m)
(6m)
Interference with inspections. No commercial fisher, licensed crew member, operator of a vehicle or boat for the commercial fisher, or an employee acting on behalf of the commercial fisher may prohibit entry, prohibit an inspection to be conducted, fail or refuse to produce any record, or fail or refuse to immediately empty a fish box or container as provided under sub.
(6). The department may not conduct an inspection or examine a person's records under sub.
(6) if such action has been enjoined by court order.
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 Cross-reference
Cross-reference: See also chs.
NR 19 and
25, Wis. adm. code.
29.519 Annotation
The warrantless search of a truck by a state conservation warden under sub. (6) was presumptively reasonable. State v. Erickson,
101 Wis. 2d 224,
303 N.W.2d 850 (Ct. App. 1981).
29.519 Annotation
Charging an employee with a license violation under sub. (1) [now sub. (1m)] was improper. The burden to obtain licenses for employees is on the employer. State v. Filipczak,
132 Wis. 2d 208,
390 N.W.2d 110 (Ct. App. 1986).
29.519 Annotation
Commercial fishers did not have a property interest in quotas under existing commercial fishing licenses and were not entitled to hearings and other due process requirements or to compensation when rules setting the quotas were changed through ch. 227 rule making. LeClair v. Natural Resources Board,
168 Wis. 2d 227,
483 N.W.2d 278 (1992).
29.519 Annotation
The relationship between Indian fishing rights and commercial fishing quotas is 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 enclosing 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 enclosing 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 enclosure 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;
1999 a. 83.
29.522 Cross-reference
Cross-reference: See also s.
NR 20.13, Wis. adm. code.
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.
