Section NR 13.18 - Gill nets(1) PERMIT REQUIRED. Prior to gill netting, a treaty rights participant shall obtain a permit from the department allowing the use of gill nets. The permit shall be issued daily using the following procedures and contain the following information. (a) Name of the person to whom issued.(b) Lake name and county for which the permit is valid.(c) Date the permit is valid.(d) The maximum length in feet of gill net that can be fished by the permittee.(e) The allowable number of each species for which a tribal quota has been established that the permittee may possess during the day.(f) The specific mesh size (stretch mesh in inches) of gill net which the permittee is allowed to use.(g) An appropriate form for reporting the nightly catch to the department.(h) A unique permit number.(2) ISSUANCE ON WALLEYE LAKES. At the request of a tribal member, the department shall issue a daily permit allowing the use of a specified amount of gill net in a specified lake containing walleyes. The permit shall also limit the number of each species for which a tribal quota has been established that may be in possession during that day. The following procedures shall be used when issuing permits for lakes containing walleye. (a) Permits may only be issued for waters for which cumulative tribal harvest has not exceeded the established TQ and for which the department has determined the average length of the spring walleye population.(b) The maximum allowable length of gill net in feet which can be set shall be the allowable number of walleyes as shown on the permit multiplied by 10.(c) The allowable mesh size measured in inches stretch mesh shall be determined from the spring walleye population average length and the following chart: Spring Length | Allowable Mesh Size |
<13.5" | 2.5" |
13.5" - 16.49" | 3.0" |
16.5" - 18.49" | 3.5" |
18.5" - 20.49" | 4.0" |
>= 20.5" | 4.5" |
(d) The department may issue any number of permits for a given lake for each night, but the total number of any species for which a tribal quota has been established when totalled for all permits issued may not exceed the remaining tribal quota for that lake.(3) ISSUANCE ON NON-WALLEYE LAKES. At the request of a tribal member, the department shall issue a daily permit allowing the use of gill nets in a specified lake. The permit shall limit the number of each species that may be in possession during that day consistent with limits established in s. NR 13.14. The following procedures shall be used when issuing permits: (a) For species for which a TQ has been established, permits may only be issued for waters for which the cumulative tribal harvest has not exceeded the established TQ.(b) The department may issue any number of permits for a given lake for each night, but the total number of any species for which a TQ has been established when totalled for all permits issued may not exceed the remaining TQ for that lake.(4) GEAR RESTRICTIONS. Treaty rights participants shall comply with the following regulations while using gill nets: (a) All nets shall be marked with a buoy conforming to uniform marking requirements of the U.S. coast guard. In addition, the buoy shall be marked with the name and permit number of the treaty rights participant.(b) Nets set with a topline within 3 feet of the surface shall be buoyed at 500 foot intervals.(c) No part of the net may be set in water less than 10 feet in depth.(d) All crayfish shall be removed from the nets and returned to the water or killed before taking the nets from the water.(e) Nets may not be set before 5:00 p.m. and shall be completely removed from the water by 10:00 a.m. the following day. No nets may remain in the water other than during these times.(5) WATERS OPEN TO GILL NETTING. (a) Gill nets may be used only in lakes over 1000 acres.(b) For lakes containing walleye, only those over 1000 acres for which the department has spring fyke net samples to determine the average length of walleyes are open to gill netting. Only the 2 most recent spring sampling periods may be used.Wis. Admin. Code Department of Natural Resources NR 13.18
Cr. Register, May, 1991, No. 425, eff. 6-1-91.