NR 19.05(3)(b)(b) Live fish or live fish eggs that have been tested for Viral Hemorrhagic Septicemia using methods approved by the department of agriculture, trade and consumer protection and that were found to be free of the Viral Hemorrhagic Septicemia virus.

NR 19.05(3)(c)(c) Live fish or live fish eggs being transported with the prior written approval of the department, where the department has determined that the proposed activity will not allow Viral Hemorrhagic Septicemia virus to be transported to other waters.

NR 19.05(3)(e)(e) Live minnows that were obtained from a Wisconsin bait dealer and subsequently possessed by the person while on an inland or outlying water, its bank or shore, if the minnows have not been exposed to water or fish from that inland or outlying water.

NR 19.05(3)(f)(f) Live minnows that were obtained from a Wisconsin bait dealer and subsequently possessed by the person while on an inland or outlying water, its bank or shore, if the minnows will be used for bait only on the same inland or outlying water, its bank or shore.

NR 19.05(4)(4) Except as authorized under permits pursuant to ch. NR 40 and 50 CFR 16.22, no person may transport Asian carp over land within or through Wisconsin unless the Asian carp have been eviscerated or the gills plate completely severed so that the fish cannot be revived under any circumstances.

NR 19.05 HistoryHistory: 1-2-56; am. (2), Register, October, 1969, No. 166, eff. 1-1-70; renum. from WCD 19.05 to be NR 19.05, and am. (1), (2) and (3), Register, April, 1971, No. 184, eff. 5-1-71; r. and recr. Register, August, 1977, No. 260, eff. 9-1-77; CR 03-030: am. (1) Register October 2003 No. 574, eff. 11-1-03; emerg. am. (title), cr. (3), eff. 11-2-07; EmR0808: emerg. cr. (3) (e) and (f), eff. 4-4-08; CR 07-074: am. (title), cr. (3) Register May 2008 No. 629, eff. 6-1-08; CR 15-023: cr. (4) Register December 2015 No. 720, eff. 1-1-16.

NR 19.055(1)(1) Except as provided in subs. (3) to (5), any person who removes a boat, boat trailer, boating equipment or fishing equipment from any inland or outlying water or its bank or shore shall drain all water from the boat, boat trailer, boating equipment or fishing equipment, including water in any bilge, ballast tank, bait bucket, live well or other container immediately after removing the boat, boat trailer, boating equipment or fishing equipment from the water, bank or shore.

NR 19.055(2)(2) Except as provided in subs. (3) and (4), no person may transport over land from another state any boat, boat trailer, boating equipment or fishing equipment for use on any water of the state or its bank or shore unless the person drains all water from the boat, boat trailer, boating equipment or fishing equipment, including water in any bilge, ballast tank, bait bucket, live well or other container before entering the state.

NR 19.055(3)(3) The department may exempt any boat, boat trailer, boating equipment or fishing equipment in writing from sub. (1) or (2) if it determines that it will not allow Viral Hemorrhagic Septicemia virus to be transported to other waters.

NR 19.055(4)(4) Subsections (1) and (2) do not apply to tanks or containers of potable drinking water or other beverages meant for human consumption.

NR 19.055(5)(5) Subsection (1) does not apply to water in a container that holds live bait minnows obtained from a Wisconsin bait dealer, if the container holds no other fish, contains 2 gallons or less of water, and is used to transport only live minnows that have not been exposed to water or fish from that inland or outlying water or will be used for bait only on the same inland or outlying water, its bank or shore.

NR 19.057(1)(1) No bait dealer may take minnows for use as bait from any inland or outlying water unless the bait dealer possesses a wild harvest permit issued by the department under this section and the bait dealer complies with all terms and conditions of the wild harvest permit. A bait dealer shall apply for a permit in the form specified by the department. Applications may be submitted no later than 30 days prior to the proposed starting date of harvesting. The department shall act on a complete permit application within 10 business days after receipt, based on the criteria in sub. (2). Except as provided in sub. (5), permits shall be valid for the dates specified on the permit to December 31 of each year, and shall require compliance with all minnow collecting requirements. A complete application shall include the applicant’s name, street address, bait dealer’s license number if any, the specific water body where bait will be harvested, the town, range and section where bait will be harvested, the species of bait that will be harvested, the maximum quantity of bait expected to be harvested, and any other information required on the application form.

NR 19.057 NoteNote: Permit application forms may be obtained at no charge from the Bureau of Fisheries Management, Department of Natural Resources, PO Box 7921, Madison, WI 53707-7921 or on the Internet at http://dnr.wi.gov/topic/fishing/vhs/vhs_wbhpermit.html.

NR 19.057 NoteNote: See s. NR 20.14 for general minnow collecting restrictions, s. NR 20.20 for county and statewide restrictions on waters, authorized methods, open seasons, size limits, bag limits and other restrictions, and s. NR 20.39 for permits authorizing the use of non-standard minnow gear on inland waters.

NR 19.057(1m)(1m) The permit holder may apply to the department, on the forms designated by the department, to request amendments to a wild harvest permit to modify the species targeted, waters fished, or harvest gear to be used. The permit holder shall submit the amendment request no later than 30 days prior to the desired effective date of the amendment. The permit holder may not submit more than 10 amendment requests each year.

NR 19.057(2)(2) The department shall grant an application for a wild harvest permit under this section if it determines that all of the following criteria are met, but the department may set specific conditions in permits or deny applications when necessary to ensure compliance with this section and prevent or control the spread of the Viral Hemorrhagic Septicemia virus or other invasive species:

NR 19.057(2)(b)(b) Minnows may not be taken from Lake Michigan, Green Bay, Lake Superior, the Mississippi River, Lake Winnebago, the Fox River from Lake Winnebago to Green Bay, or any bay, slough or backwater of these waters, or any water connected to these waters, upstream to the first dam or other obstruction impassible to fish, or from any other waters where the department has reason to believe that the Viral Hemorrhagic Septicemia virus may be present, or where other invasive species may be present.

NR 19.057(2)(d)(d) Minnows taken from inland or outlying waters may not be given, sold or bartered to another person unless applicable fish health requirements specified by the department of agriculture, trade and consumer protection in ch. ATCP 10 have been met.

NR 19.057(2m)(2m) The department may, at any time, revoke or modify a permit issued under this section if it determines that the requirements, terms, or conditions of the permit are not being met, followed, or adhered to, or to ensure compliance with this section, or to prevent or control the spread of the Viral Hemorrhagic Septicemia virus or other invasive species. A permit revocation or modification shall become effective upon department notification by email or 3 business days after the permit holder receives the notification by mail at the address shown on the permit, whichever occurs first.

NR 19.057(3)(a)(a) Each permit holder or the permit holder’s employee shall maintain a clear, legible daily record in the English language on department forms of all minnow harvest activities conducted under the permit which the department requires to be reported, which may include setting, tending, moving, or removing minnow harvest gear, or the removal of minnows from harvest gear, from any inland or outlying water. The record shall include the water body of origin, the latitude and longitude or nearest road crossing where harvested, the species harvested, the date of harvest, the gear type and amount used, the weight or volume of each species harvested by waterbody for all gear lifts conducted during that day’s trip to the waterbody, the disposition of the minnows, except that retail sales to consumers need not be recorded, the signature of the permit holder, and any other information required on the record form.