NR 20.39(1)(a)2.b. b. The applicant provided the department with the name, mailing address and telephone number of the person granting the applicant legal access to the water.

NR 20.39 Note Note: Under s. NR 19.057, a bait dealer also must have a wild harvest permit from the department to take wild minnows for use as bait.

NR 20.39(1)(b) (b) Permits issued by the department under this subsection shall:

NR 20.39(1)(b)1. 1. Include the permit holder’s name, address and bait dealer’s license number.

NR 20.39(1)(b)2. 2. Specify the water where the permit is valid.

NR 20.39(1)(b)3. 3. Describe the minnow seines, minnow dip nets or minnow traps authorized.

NR 20.39(1)(b)3m. 3m. Specify conditions on raising the traps and removing minnows.

NR 20.39(1)(b)3s. 3s. For gear set in trout streams, specify conditions limiting gear type, size or number based on stream size.

NR 20.39(1)(b)4. 4. Include an expiration date of December 31 of the calendar year in which the permit is issued, unless an earlier date is set under par. (c).

NR 20.39(1)(b)5. 5. Prohibit the removal or destruction of vegetation, logs and other habitat features.

NR 20.39(1)(b)6. 6. Require that minnows be transported only in tanks equipped with either an oxygen tank or an adequate aeration system.

NR 20.39(1)(b)7. 7. Require that transport tanks and holding facilities not be loaded beyond their capacity to keep the minnows alive and healthy.

NR 20.39(1)(b)8. 8. Require that all minnows taken under the permit be sold or used only for angling or rearing of fish in department or private fish hatcheries.

NR 20.39(1)(b)9. 9. Require that all minnows which are not kept for use or sale and all game fish caught by the minnow seines, minnow dip nets or minnow traps be promptly returned unharmed to the water.

NR 20.39(1)(c) (c) The department may require reporting of the permit holder’s activities under the permit and may set reasonable permit conditions to insure that the requirements of par. (a) are met.

NR 20.39(1)(d) (d) The department shall act on a complete application for a permit under this section within 20 business days after it is received by the appropriate department regional office.

NR 20.39(1)(e) (e) No permit holder may cause or allow the violation of any term or condition of a permit issued under this section. In addition to any other penalties, if a permit holder is convicted of causing or allowing a violation of any term or condition of a permit, the permit is terminated.

NR 20.39(1)(f) (f) The department may, at any time, revoke or modify a permit issued under this section if it determines that the minnow supply is in danger of being depleted in the water for which the permit was issued. A permit revocation or modification shall become effective when it is received by the permit holder or 3 business days after it is mailed to the permit holder at the address shown on the permit, whichever occurs first.

NR 20.39(1)(g) (g) Any person aggrieved by a decision of the department under this section may, within 30 days of the mailing of the decision, request a contested-case hearing before the department on the decision under s. 227.42, Stats.

NR 20.39 History History: Cr. Register, May, 1999, No. 521, eff. 6-1-99; CR 01-012: am. (1) (intro.), cr. (1) (b) 3m., Register November 2001 No. 551, eff. 4-1-02; emerg. am. (1) (intro.) and (a), eff. 11-2-07; CR 07-074: am. (1) (intro.) and (a) Register May 2008 No. 629, eff. 6-1-08; CR 23-053: am. (1) (intro.), (a) (intro.), cr. (1) (b) 3s. Register April 2024 No. 820, eff. 5-1-24; correction in (1) (b) 1. to 3., 4. to 8. made under s. 35.17, Stats., Register April 2024 No. 820.

NR 20.40 NR 20.40 Fishing tournaments.

NR 20.40(1) (1) Applicability. This section applies to fishing tournaments on lakes, rivers, the Great Lakes, Wisconsin-Minnesota boundary waters as defined in s. NR 21.02 (39), Wisconsin-Iowa boundary waters as defined in s. NR 22.02 (34), and Wisconsin-Michigan boundary waters as defined in s. NR 23.02 (10).

NR 20.40(2) (2) Definitions. In this section:

NR 20.40(2)(a) (a) “Aquatic invasive species” has the meaning in s. NR 193.03 (3).

NR 20.40(2)(b) (b) “Aquatic plant” has the meaning in s. 30.07 (1) (b), Stats.

NR 20.40(2)(c) (c) “Catch and kill tournament” means a fishing tournament where fish are caught by participants, reduced to their possession, and retained as part of the participant’s daily bag limit.

NR 20.40(2)(d) (d) “Catch-hold-release tournament” means a fishing tournament where fish caught by participants are reduced to possession and transported, usually for purposes of recording, and live fish are then released to the water from which they came. This format was previously referred to as a “live-release” tournament.

NR 20.40(2)(dm) (dm) “Cull” or “culling” means the practice of releasing a live fish that was held in an angler’s possession and replacing it with another fish. Live fish that are released and capable of swimming away under their own power are not considered part of the angler’s daily bag limit provided the total number of fish possessed at any one time does not exceed the angler’s daily bag limit.

NR 20.40 Note Note: Section 29.403 (1m), Stats., allows culling only during largemouth and smallmouth bass fishing tournaments authorized by the department. An angler must release the fish to be culled without unnecessary delay when keeping a new fish that would otherwise put them over their daily bag limit, and may not resume fishing or other activities until the fish to be culled is first released.