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 HistoryHistory: 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 NoteNote: See the table of Appellate Court Citations for Wisconsin appellate cases citing s. NR 25.08. NR 25.09NR 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 13/4 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 23/8 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 47/16 inch stretch measure under all of the following conditions: NR 25.09(1)(am)1.1. The licensee may set gill nets with 47/16 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 47/16 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 47/16 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 47/16 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: