Section NR 25.01 - Purpose(1) This chapter, along with other applicable rules and statutes, regulates commercial fishing in outlying waters and wholesale fish dealers doing business in Wisconsin.(2) The rules contained in this chapter are not intended to, nor do they authorize, the sale or introduction into interstate commerce for purposes of human consumption or use fish taken from the outlying waters which fail to meet food and drug administration (FDA) standards.(2m) The following shall apply to any agreements relating to the allocation or management of Lake Superior resources which are entered into between the department and a tribe or tribes with reserved treaty rights in the Lake Superior commercial fishery: (a) The department shall assess implementation of any agreements and any experimental regulations established by the agreements using factors including scientific data, biological indicators, and metrics related to the health, safety, and welfare of users.(b) In the event the department determines the sustainability of any Lake Superior resource or the health, safety and welfare of its users are or are likely to be jeopardized, the department shall take action to address the department's concerns, including good faith negotiation or the modification or termination of any agreement, in accordance with the terms of the agreement. Note: In December 2018, the Bad River Band of Lake Superior Chippewa, the Red Cliff Band of Lake Superior Chippewa, and the Wisconsin Department of Natural Resources entered into an agreement relating to the allocation and management of Lake Superior fishing resources ("the Agreement"). The Agreement contains provisions applicable to both tribal treaty fishers and non-tribal commercial fishers in the Wisconsin waters of Lake Superior. For tribal members, the Agreement provisions are enforceable through tribal codes adopted by the Tribes. For non-tribal members, the state's regulations have been amended to be consistent with applicable provisions in the Agreement. Biological representatives of the state and the two tribes have identified specific goals for assessing state and tribal commercial fishing seasons under the Agreement. Those specific goals are reviewed regularly and adjusted as necessary. The Agreement contains provisions for modification or, if necessary, for termination for any reason by any party. Grounds for amendment or termination include, but are not limited to, adverse conditions which, in the opinion of any party, could jeopardize the sustainability of the Lake Superior resources or the health, safety, and welfare of resource users.
(3) Except as modified by an agreement with the tribe of the treaty fisher, the following sections of this chapter are applicable to treaty fishers fishing in the Wisconsin waters of Lake Superior:Wis. Admin. Code Department of Natural Resources NR 25.01
Cr. Register, September, 1976, No. 249, eff. 10-1-76; r. and recr. Register, October, 1979, No. 286, eff. 11-1-79; emerg. cr. (3), eff. 4-22-86; cr. (3), Register, October, 1986, No. 370, eff. 11-1-86; emerg. am. (3) (intro.), eff. 3-10-87; am. (3) (intro.), Register, December, 1987, No. 384, eff. 1-1-88.Amended by, CR 19-103: cr. (2m) Register July 2020 No. 775, eff. 8/1/2020Amended by, CR 23-008: am. (1), cr. (3) (ag), (ar), r. (3) (j), am. (3) (k) Register October 2023 No. 814, eff. 11/1/2023