Section NR 20.65 - Report of licensed guides(1) DEFINITIONS. In this section:(a) "Assist" or "assisting" means providing support or aid to a person with the activities associated with the act of fishing, including transporting anglers between the shore and an open water or on-ice fishing location.(b) "Direct" or "directing" means to manage, supervise, or oversee an angler's or anglers' fishing activities and fishing trip conditions to aid the angler or anglers in attempting to catch fish.(c) "Electronic guide reporting system" means a system established or authorized by the department for reporting guided fishing trips and other required information to the department by electronic means.(d)1. "Fishing guide" means any person required to be licensed under the provisions of s. 29.512(1), Stats., that is actively engaged in guiding, directing, or assisting a person or persons for compensation or reward in fishing, as defined in s. NR 20.03(12), in waters defined in pars. (f), (h), and (i).2. "Fishing guide" does not include a person that rents boats, fishing shelters, fishing gear, or related equipment to an angler for the angler's independent use, provided that the person does not offer any additional services to guide, direct or assist the angler in attempting to catch fish.(e) "Fishing trip" means the time period during which an individual fishes or a group of anglers fishes together, commencing upon leaving the dock or shore and ending upon return to the dock or shore after the conclusion of fishing.(f) "Green Bay" means those waters specified in s. NR 20.03(15), (16), and (21).(g) "Guide," when used as a verb, or "guiding" means to advise, influence or superintend the conduct or instruction of an angler or anglers, including providing expertise to an angler or anglers on how to conduct fishing activities to improve the angler or anglers' ability to catch fish.(h) "Lake Michigan" means those waters specified in s. NR 20.03(17) and (18).(i) "Lake Superior" means Wisconsin waters of Lake Superior and Chequamegon Bay, as well as all tributaries up to the first lake or barrier impassable to fish.(2) GENERAL PROVISIONS. (ag) No person may fail to file a report as required under this subsection and sub. (3). No person may file an inaccurate report of the information required under this subsection.(ar) Each fishing guide operating in the Wisconsin waters of Lake Superior, Lake Michigan, or Green Bay designated under par. (b) shall report to the department in the manner described in sub. (3) for each fishing trip, except as provided in pars. (d) and (e).(b) The department shall annually specify the waters of Lake Superior, Lake Michigan, and Green Bay and the time frame and the fish species for which reporting is required, which shall become effective on January 1 each year. The department shall notify fishing guides of this information no later than December 1 of the preceding year.(c) The report required under par. (ar) for each guided fishing trip shall include all of the following accurate information:1. Name and department customer identification number of the fishing guide filing the report.2. Name and department customer identification number of other fishing guides who were involved in guiding, directing, or assisting with the fishing trip.5. Total number of anglers.6. Total number of hours fished during the fishing trip.7. Description of fish caught during the fishing trip, including species, number caught, number kept, tag numbers, if any, and other related information.8. Other information required on the report form that the department determines is relevant to the sound management of the species taken.(d) If multiple fishing guides guide, direct, or assist with a fishing trip, in whole or in part, each fishing guide shall file a report per this subsection for that fishing trip, except that only one report may contain the information described in par. (c) 5. to 7., and all other reports filed for that fishing trip shall identify the name and department customer identification number of the fishing guide that completed the information in par. (c) 5. to 7. The fishing guides associated with the fishing trip may determine which fishing guide's report will contain the information in par. (c) 5. to 7., but all fishing guides remain responsible for ensuring that the information in the fishing trip report is provided and filed in accordance with this subsection and sub. (3).(e) Notwithstanding the requirements in pars. (ar) and (d), as an alternative form of reporting, a person who employs one or more fishing guides and who obtains a guide license under s. 29.512(1), Stats., may elect to complete the fishing trip reports required under this subsection in place of any licensed fishing guide or group of fishing guides under its employ, in accordance with all of the following conditions: 1. The employer and any employed fishing guides for whom the employer will file reports shall jointly apply, on application forms furnished by the department, for annual authorization to file the fishing reports under this subsection. Authorization shall remain in effect until the end of the license year. The application forms shall include all of the following information:a. The name, business address, and department customer identification number of the employer that will report on behalf of the employed fishing guides.b. The names and department customer identification numbers of all fishing guides for whom the employer will submit reports during the license year.c. Fishing guide certification that each fishing guide shall provide true and accurate information required under this subsection to the employer for all fishing trips during the license year while under the employ of that employer, that the fishing guide shall provide this information within 24 hours after completion of the fishing trip, and that the fishing guide remains responsible for ensuring that the employer has received the fishing trip report information to fulfill the requirements in this subsection and sub. (3).d. Acknowledgement of the employer and each fishing guide listed under subd. 1. b. for which fishing trip reports will be filed that the employer shall submit all fishing trip reports for the calendar year with information provided by the fishing guide and in accordance with this section.e. Any other information requested by the department.2. The employer and each employed fishing guide for whom the employer will file reports shall each be responsible for the form, content, and submission of all fishing trip reports filed pursuant to this paragraph.(3) REPORTING METHODS. (a) Each fishing guide required to report under sub. (2) shall submit a report of each fishing trip to the department by means of the electronic guide reporting system within 24 hours after completion of the fishing trip, except as provided in par. (c). The fishing guide shall submit the report in the English language on electronic forms provided for this purpose by the department.(b) Reports submitted by the fishing guide using the electronic guide reporting system are considered approved upon submittal.(c)1. If the electronic guide reporting system is not in operation, or if the fishing guide is unable to connect to the electronic guide reporting system, the fishing guide shall complete and sign, in writing in the English language, a paper report on a form furnished by the department containing the required information in sub. (2) (c) within 24 hours of completion of the fishing trip.2. When the electronic reporting system is again functional, or the fishing guide's electronic communication device can again connect to the electronic guide reporting system, the fishing guide shall resume entering trip reports required under sub. (2) into the electronic guide reporting system and submitting the reports electronically to the department. The fishing guide shall retroactively enter the information from any paper reports into the electronic reporting system within 48 hours of completion of the fishing trip unless the department has granted an extension.3. The fishing guide shall retain all paper copies of the trip report as part of the fishing guide's records for a period of 5 years from the date on which the record or report was created, and shall make records available upon the request of a department representative. Note: This section is shown as repealed and recreated eff. 1-1-22 by CR 21-038. Prior to 1-1-22 it reads:
NR 20.65 Note NR 20.65 Report of licensed guides. All Wisconsin guides licensed under the provisions of s. 29.512(1), Stats., and operating in the Wisconsin waters of Lake Superior, Lake Michigan and Green Bay shall report to the department on blanks to be furnished by the department detailed information regarding their fishing activities which shall include the quantity, the varieties of fish taken, and any other information pertaining to their fishing activities required by the department.
Wis. Admin. Code Department of Natural Resources NR 20.65
Cr. Register, May, 1999, No. 521, eff. 6-1-99.Amended by, CR 21-038: r. and recr. Register November 2021 No. 791, eff. 1-1-22; (2) (intro.), (a), renumbered to (2) (ag), (ar) under s. 13.92(4) (b) 1, Stats., correction in (2) (c) (intro.), (e) (intro.), 1. d. made under. 13.92 (4) (b) 7., Stats., and correction in (2) (e) 1. c. made under s. 35.17, Stats., Register November 2021 No. 791, eff. 4/1/2022