Section NR 25.09 - Commercial fishing gear Licensed commercial fishers and treaty fishers conducting commercial fishing operations may only use the following gear subject to the conditions stated in this section and in the areas designated:
(1) LAKE SUPERIOR. (ad)Gill nets - 13/4 inch. The licensee may use gill nets with a mesh size of not more than 1 3/4 inch stretch measure.(ah)Gill nets - 23/8 inch. The licensee may use gill nets with a mesh size of not less than 2 3/8 inch and not more than 3 inch stretch measure under the following conditions: 1. From January 16 to November 9, the licensee may use gill nets of this size stretch measure only when the bottom lead or maitre cord, line, or rope is on the lake bottom, only when the depth of water at that location is 12 to 60 feet (2 to 10 fathoms) deep or 210 to 330 feet (35 to 55 fathoms) deep, and only when the number of meshes does not exceed 35 meshes in depth.2. From November 10 to January 15, the licensee may use gill nets of this size stretch measure only when the bottom lead or maitre cord, line, or rope is on the lake bottom, only when the depth of water at that location is 60 to 330 feet (10 to 55 fathoms) deep, and only when the number of meshes does not exceed 35 meshes in depth.3. At any time of year, the licensee may use gill nets of this size stretch measure, provided that the bottom maitre cord or lead line is at least 6 feet (1 fathom) above the lake bottom and the top maitre cord or float line is at least 12 feet (2 fathoms) below the surface of the water, and that the number of meshes does not exceed 60 meshes in depth.(am)Gill nets - 47/16 inch. The licensee may set gill nets with a mesh size of not less than 4 7/ 16 inch stretch measure under all of the following conditions: 1. The licensee may set gill nets with 4 7/ 16 inch stretch measure not exceeding 36 meshes in depth and only when set on the bottom of the lake.2. In addition to the requirement in subd. 1., the licensee may set gill nets with 4 7/ 16 inch stretch measure not exceeding 36 meshes in depth in waters less than 330 feet (55 fathoms) deep only from November 28 through September 30.3. In addition to the requirements in subds. 1. and 2., in water less than 330 feet (55 fathoms) deep, the total maximum feet of gill net with mesh size equal to 4 7/ 16 inch and greater that the licensee may set shall be determined by the department according to this subdivision based on CPE in order to ensure that total allowable state and tribal annual lake trout harvest quotas and individual fishers' harvest quotas are not exceeded.a. The lake trout open season under s. NR 25.05 is divided into 3 periods. The department shall determine CPE and determine the total maximum feet of gill net with mesh size equal to 4 7/ 16 inch and greater which may be set by all licensees during each of the following 3 periods: period 1: November 28 through March 31;
period 2: April 1 through May 31;
period 3: June 1 through September 30.
b. CPE for each period shall be determined from department-monitored state and tribal net lifts occurring during each period.d. The 3-year average CPEs shall be calculated by the department as the average of the monitored CPEs for the corresponding periods of the preceding 3 lake trout open seasons using data from department-monitored net lifts.e. No commercial fisher may set more than his or her allowable gill net effort during each period of the lake trout open season. The department shall use the following formula to determine each commercial fisher's allowable gill net effort in feet of net: period 1 allowable gill net effort:
Individual Lake Trout Quota x 1000 / Period 1 CPE
period 2 allowable gill net effort:
[Unused Effort Period 1][Period 1 CPE] / Period 2 CPE
period 3 allowable gill net effort:
[Unused Effort Period 2][Period 2 CPE] / Period 3 CPE
f. The department shall make available allowable gill net effort limitations for period 1 by November 1 of each year. If a commercial fisher's allowable gill net effort has not been used by the end of period 1 or 2 and is reported by the commercial fisher according to s. NR 25.13, the remaining balance of allowable gill net effort in feet of net shall be carried over to succeeding periods within the lake trout open season but not carried over to the next lake trout open season. The department shall determine gill net effort limitations for periods 2 and 3 within 5 working days after the start of periods 2 and 3 using remaining allowable gill net effort reported according to s. NR 25.13.g. The department shall calculate the allowable gill net effort for the overall state commercial and tribal effort in the same manner as described in subd. 3. e., except that the state or tribal lake trout quota shall be used instead of the fisher's individual quota.4. Upon use of all tags issued for lake trout to the licensee under s. NR 25.07 (1) (a), or upon use of the total number of feet of gill net permitted to be set in any time period under subd. 3., a licensee may not set gill nets with a mesh size of 4 7/ 16 inch stretch measure in water less than 330 feet (55 fathoms) deep for the remainder of the lake trout open season.5. The licensee using the gill net shall tag the gill net with an informational tag, supplied by the department, on the buoy staff above the water line. Each tag shall state the time and date upon which the gill net was set, the length of the gang of nets, the license number or fleet reporting number and the licensee's initials.6. The licensee may not set or place gill nets in the waters of Lake Superior from a boat or watercraft from January 15 through March 31, except as authorized by the department in a permit issued under sub. (6).7. The licensee may not set or place gill nets within one-quarter mile shoreward of the pot and lead of any entrapping net, except that if a trap net is set within one-quarter mile of a gill net, that gill net may continue to be lifted and reset in the same location.(ar)Gill nets - unrestricted size. The licensee may set gill nets with no restrictions on mesh size or the number of meshes in depth at any time during the year only in water more than 330 feet (55 fathoms) deep and only when set on the bottom.(as)Gill net marking requirements. The licensee shall legibly mark each gill net with the license number or fleet reporting number of the license holder on each float or on each lead, and shall mark the bowls of the buoys on each end of the gang with the license number of the license holder in accordance with s. 29.516 (2) (d) 1, Stats.(av)Gill net lifting requirements. The licensee shall lift each gill net a minimum of: 1. Once every 72 hours in open water less than 96 feet (16 fathoms) deep.2. Once every 120 hours in open water 96 to 210 feet (16 to 35 fathoms) deep.3. Once every 240 hours in open water more than 210 feet (35 fathoms) deep.4. Once every 120 hours in commercial ice fishing.(b)Entrapping nets.1. The licensee may use entrapping nets only when the pot or crib is set, placed, or operated in water not more than 90 feet (15 fathoms) deep.2. The licensee may set, place, or operate entrapping nets only by permit issued under s. NR 25.10 (4) in that part of Lake Superior lying between a line extending due north of a point one mile east of the mouth of the Iron river in section 34, township 50 north, range 9 west, Bayfield county, and a line extending due north from the mouth of the Bad river in section 17, township 48 north, range 2 west, Ashland county, including all of the Apostle Islands area.3. Each licensee may use up to 10 entrapping nets per license, as measured by the number of pots or cribs.4. The licensee shall lift each entrapping net a minimum of once every 168 hours.5. Each entrapping net shall have the fish holding pot portion rendered inoperable during the closed seasons for whitefish and lake trout and shall have the webbing removed from the water within 3 days after the close of the lake trout season.6. The licensee may not place entrapping nets within one-half mile of any other entrapping net.7. The licensee may not place or operate entrapping nets in the waters of Lake Superior during the months of April, May, June, July, August, and September if the mesh covering the top of the hearts of the nets is less than 14 inch stretch measure.8. The licensee may not place or operate entrapping nets in the waters of Lake Superior from a boat or watercraft from November 28 through March 31.9. A licensee fishing with entrapment nets in the area west of Bark Point known as WI-1 may harvest cisco, whitefish, and lake trout less than 25 inches in length, and only from April 1 to September 30.10. The licensee may not place or operate entrapping nets within one mile of a designated trout stream.11. The licensee shall mark and maintain each entrapping net with 2 flags, one above the other, on a single staff attached to the inside or shallow lead end of the net, one flag on a staff attached to the pot or lifting buoy, one flag on a staff attached to the anchor at the outward end of the king line, and one float measuring a minimum of 5 inches in diameter attached to the anchor at the outward end of each net wing. All staffs shall be marked with reflective tape. All flags shall measure not less than 9 inches high by 18 inches wide and shall be displayed so that the top edge of the flag is not less than 5 feet above the water, except that the lower of 2 flags on one staff shall be displayed so that the bottom edge is not less than 3 feet above the water. Two flags displayed on one staff shall be separated by not less than 6 inches. All floats and all flags except the flag attached to the king line anchor shall be of a highly visible color commonly referred to as hunter orange or blaze orange with a color range between 595 nm and 605 nm. The flag attached to the king line anchor shall be a dark color other than orange. The license number or fleet reporting number of the commercial fishing license holder shall be displayed and maintained in legible, block figures at least 1 inch high on the bowl of the pot or lifting buoy. Flags are not required October 16 through April 14.(bm)All nets. The following regulations shall apply to all nets:1. No net may be placed within one-quarter mile of any other net, except that if a trap net is set illegally within one-quarter mile of a legally placed gill net, that gill net may continue to be lifted and reset in the same location in accordance with par. (am) 7. Entrapment nets are further subject to s. NR 25.09 (1) (b) 6.2. Within 24 hours of setting any portion of a net, the net shall be fully deployed and actively fishing.(c)Encircling nets and trawls. Encircling nets and trawls are prohibited.(d)Disposition of fish caught in nets. All lake trout caught in gill nets not less than 4 7D16 inch stretch measure set in waters less than 330 feet (55 fathoms) deep shall be kept and tagged except that, during November 28 through May 31, live lake trout may be released. Lake trout caught in gill nets in waters 330 feet (55 fathoms) deep or deeper or in entrapping nets may be returned to the lake or kept and tagged, except that dead lake trout 25 inches or less in length caught in entrapping nets shall be kept and tagged. All lake trout, dead or alive, larger than 25 inches in length caught in entrapping nets shall be returned to the lake. All lake trout and siscowet harvested by commercial and home use fishers shall be tagged in accordance with s. NR 25.06 (3).(e)Ice buoy standards. Whenever ice may reasonably be expected to encroach upon fishing gear, in lieu of the requirements in s. NR 25.09, no commercial fisher may fish except with gear that meets the following standards: 1. Ice buoys shall have an overall minimum length of 12 feet.2. At least two feet of any ice buoy shall extend above water with the license number of the commercial fisher visible.3. The top foot of the above-water portion of an ice buoy shall be marked with the highly visible color known as hunter orange or blaze orange.(2) LAKE MICHIGAN AND GREEN BAY. (a)Gill nets.1. 'Gill nets of 1 3/4 inch stretch measure for smelt.' For taking smelt only, a licensee may use gill nets with a mesh size of not more than 1 3/4 inch stretch measure not exceeding 60 meshes in depth in Green Bay and 30 meshes in depth in Lake Michigan.2. 'Gill nets of 2 3/8 to 2 1/2 inch stretch measure in southern Green Bay.' In southern Green Bay only, a licensee may use gill nets with a mesh size of not less than 2 3/8 inch and not more than 2 1/2 inch stretch measure not exceeding 60 meshes in depth.3. 'Gill nets of 2 3/8 to 2 3/4 inch stretch measure in the southern chub fishing zone in Lake Michigan.' In water more than 150 feet (25 fathoms) deep in the southern chub fishing zone in Lake Michigan only except as provided in subd. 4., a licensee may use gill nets with a mesh size of not less than 2 3/8 inch and not more than 2 3/4 inch stretch measure, and not less than 24 meshes and not more than 60 meshes in height.4. 'Gill nets of 2 1/2 to 2 3/4 inch stretch measure.' In any of the following areas and under the following conditions, a licensee may use gill nets with a mesh size of not less than 2 1/2 inch and not more than 2 3/4 inch stretch measure: a. For chubs in Lake Michigan, a licensee may use gill nets of 2 1/2 to 2 3/4 inch stretch measure in the northern chub fishing zone only and those nets may not exceed 60 meshes in depth.b. For other legal fish species in Lake Michigan and Green Bay, a licensee may use gill nets of 2 1/2 to 2 3/4 inch stretch measure only in the areas and with the restrictions described under subd. 4. c. and d.c. In Lake Michigan in waters less than 150 feet (25 fathoms) deep outside the northern chub fishing zone, a licensee may use gill nets of 2 1/2 to 2 3/4 inch stretch measure only if the gill nets do not exceed 18 meshes in depth.d. In Green Bay, or within the northern chub fishing zone, or in waters 150 feet (25 fathoms) deep or deeper in Lake Michigan, gill nets of 2 1/2 to 2 3/4 inch stretch measure may be used only if the gill nets do not exceed 60 meshes in depth.6. 'Gill nets of 4 to 4 1/2 inch stretch measure in southern Green Bay.' A licensee may use gill nets with a mesh size of not less than 4 inch and not more than 4 1/2 inch stretch measure in southern Green Bay under all of the following conditions and in accordance with subd. 9.:a. Gill nets of 4 to 4 1/2 inch stretch measure may be used only in water less than 30 feet (5 fathoms) deep.c. Gill nets of 4 to 4 1/2 inch stretch measure may be used only from May 20 to March 9, except that these gill nets may not be used during the closed season for whitefish.d. Gill nets of 4 to 4 1/2 inch stretch measure may not be more than 30 meshes in depth.7. 'Gill nets greater than 4 1 / 2 inch stretch measure to 6 1 / 2 inch stretch measure.' A licensee may use gill nets with a mesh size greater than 4 1/2 inch and not more than 6 1/2 inch stretch measure under all of the following conditions and in accordance with subd. 9.: a. Gill nets of this size may be used in those waters of Lake Michigan lying north of a line extending from the mid-channel marker buoy of Bailey's Harbor on 135° bearing.b. Gill nets of this size may be used in Green Bay.c. Gill nets of this size may only be used during the open season for whitefish.d. Gill nets of this size may not exceed 30 meshes in depth for one-half of the total length of these nets set at any time by a licensed commercial fisher, and the remaining half may not exceed 50 meshes in depth.8. 'Gill nets greater than 6 1/2 inch stretch measure.' A licensee may use gill nets with a mesh size greater than 61/2 inch stretch measure under all of the following conditions and in accordance with subd. 9.: b. Gill nets of this size may be used only during the open seasons for whitefish and yellow perch.c. Gill nets of this size may not be more than 12 meshes in depth.9. 'Total gill net length with gill nets of 4 inch or larger stretch measure.' A licensee may use gill nets with a mesh size of 4 inch or larger stretch measure. The total length of gill nets used under each license may not exceed 12,000 feet at any one time.10. 'Gill net lifting requirements.' A licensee shall lift all gill nets within the following time intervals: a. Once every 24 hours in open water less than 150 feet (25 fathoms) deep for all mesh sizes in Green Bay.am. Once every 24 hours in open water less than 150 feet (25 fathoms) deep for mesh sizes greater than 2 3 / 4 inch stretch measure in Lake Michigan.b. Once every 120 hours in open water 150 feet (25 fathoms) deep or deeper for mesh sizes of 2 3/4 or less inch stretch measure in Lake Michigan.c. Once every 48 hours in commercial ice fishing.d. Once every 120 hours in open water less than 150 feet (25 fathoms) deep for mesh sizes of 2 3/4 inch or less stretch measure in Lake Michigan.(b)Entrapping nets.1. A licensee may use drop nets and fyke nets under all of the following conditions: a. A licensee may only use drop nets and fyke nets during the open season for yellow perch, except by permit issued under s. NR 25.10 (4).b. The licensee may use up to 30 drop nets or fyke nets in aggregate under each license, as measured by the number of pots or cribs allowed.c. The licensee shall lift drop and fyke nets a minimum of once every 72 hours.2. A licensee may use pound nets and trap nets under all of the following conditions: a. Only when the pot or crib is set, placed or operated in water not more than 150 feet (25 fathoms) deep, except from June 29 to Labor Day south of a line extending from the Lake Michigan shoreline along 44º52'30" north latitude where the entire net, including the lead, is set, placed or operated in water not more than 150 feet (25 fathoms) or less than 60 feet (10 fathoms) deep.b. From the day following Labor Day to June 28, the licensee may use no more than 12 pound nets and trap nets in aggregate under each license, as measured by the number of pots or cribs, except in southern Green Bay as described under s. NR 25.102. From June 29 to Labor Day in the waters of Lake Michigan lying south of a line extending from the Lake Michigan shoreline along 44º52'30" north latitude, the licensee may use no more than 3 pound nets and trap nets in aggregate under each license, as measured by the number of pots or cribs, while north of this line the licensee may use no more than 12 pound nets and trap nets in aggregate under each license.c. The licensee shall lift nets under this subdivision a minimum of once every 120 hours.d. Each net shall have the fish holding or pot portion rendered inoperable during the closed season for whitefish and shall have the webbing removed from the water within 14 days after the close of the whitefish season.e. From June 29 through Labor Day, a licensee may not use pound nets or trap nets in Lake Michigan between 44º52'30" north latitude and 44º08'55" north latitude, between 44º05'33" north latitude and 43º40'50" north latitude, and south of 43º34'39" north latitude. Unless the department has granted an extension of time, the licensee shall remove the webbing of each pound net and each trap net from the water by June 28 and may not reinstall it until the day after Labor Day. If adverse weather conditions or unanticipated equipment problems prevent removal of the webbing by June 28, a licensee may request and the department may grant a brief extension of time sufficient to allow safe removal. See map for details. See PDF for diagram
f. The licensee shall mark each pound or trap net with 2 flags, one above the other, on a single staff attached to the inside or shallow lead end of the net, one flag on a staff attached to the pot or lifting buoy, one flag on a staff attached to the anchor at the outward end of the king line, and one float measuring a minimum of 5 inches in diameter attached to the anchor at the outward end of each net wing. All staffs shall be marked with reflective tape. All flags shall measure not less than 9 inches high by 18 inches wide and shall be displayed so that the top edge of the flag is not less than 5 feet above the water, except that the lower of 2 flags on one staff shall be displayed so that the bottom edge is not less than 3 feet above the water. Two flags displayed on one staff shall be separated by not less than 6 inches. All floats and all flags required under this subd. 2. f. except the flag attached to the king line anchor shall be of a highly visible color commonly referred to as hunter orange or blaze orange with a color range between 595 nm and 605 nm. The flag attached to the king line anchor shall be a dark color other than orange. The license number or fleet reporting number of the commercial fishing license holder shall be displayed and maintained in legible, block figures at least 1 inch high on the bowl of the pot or lifting buoy. Flags are not required October 16 through April 14.g. A licensee may use pound nets and trap nets for legal fish species in Lake Michigan and Green Bay.(c)Seines. A licensee may use seines. Seines shall have a mesh size of not less than 3 inch stretch measure and shall be at least 75 feet in length.(d)Trawls.1. In southern Green Bay north of a line from the southernmost point of Little Tail point to the Green Bay navigation channel entrance light at 87º5454.1766 west longitude, 44º39511.0886 north latitude only, a licensee may use trawls only under the following provisions:a. The licensee may only use trawls for taking smelt under s. NR 25.06 (2) (c).b. A licensee trawling under this subdivision may only use trawls in water more than 65 feet deep.d. A licensee trawling under this subdivision shall use diverters with openings no larger than 7/ 8 inch wide.2. In Lake Michigan, a licensee may use trawls under all of the following conditions: a. A licensee may use trawls only in waters 60 feet (10 fathoms) deep or deeper bounded by a line beginning at a point where 44º 305 north latitude intersects with the Wisconsin shore of Lake Michigan, then proceeding east along 44º 305 north latitude, to its intersection with 87º 105 west longitude, then proceeding south along 87º 105 west longitude to its intersection with 44º 10' north latitude then proceeding west along 44º 10' north latitude to its intersection with 87º 205 west longitude, then proceeding south along 87º 205 west longitude to its intersection with 43º 505 north latitude, then proceeding west along 43º 50' north latitude to its intersection with 87º 405 west longitude, then proceeding north along 87º 405 west longitude to its intersection with 44º 005 north latitude, then proceeding west along 44º 005 north latitude to the Wisconsin shore of Lake Michigan and then north along the shore to the point of beginning. This area can also be described as all of grids 1105, 1205, 1304, 1403 and 1404, and part of grids 1104, 1204, and 1303. See map for details. See PDF for diagram
b. A licensee may use trawls for taking smelt as provided in s. NR 25.06 (2) (c) except chubs may be harvested during the trawling season for smelt, subject to s. NR 25.07 (2) (a), and whitefish may be harvested subject to the requirements in this subdivision and s. NR 25.09 (2m).c. Beginning July 1, 1991, when used to harvest smelt in Lake Michigan, diverters with openings no larger than 1 1 / 2 inch wide shall be used.d. Until October 31, 2025, whitefish may be taken by trawling from December 1 to August 31 from one hour before sunrise to one hour before sunset. Trawls shall consist of a head rope height not greater than 45 meters. The wing mesh shall not be less than 4.5 inches stretch measure. The beginning of the trawl bag where it attaches to the wing shall not be less than 2 inches stretch measure and not greater than 4.5 inches stretch measure and shall have a fishing circle not greater than 250 meshes. The cod end of the trawl bag shall not be less than 4.5 inches stretch measure and shall begin with a fishing circle not greater than 80 meshes. The net shall be composed of twine material capable of remaining open under tension. No trawl may be deployed for longer than one hour per drag, measured from the time the trawl door enters the water until the time the trawl door leaves the water upon retrieval.e. Any person taking whitefish using a trawl under this subdivision shall submit commercial fishing reports on whitefish subject to the requirements in s. NR 25.13 (2), and on incidental harvest subject to the requirements in s. NR 25.13 (2) (g).(2m) VIDEO SURVEILLANCE. A licensee taking whitefish using a trawl under sub. (2) (d) 2. shall capture a video record of the on-board activity on any vessel engaged in trawling for whitefish as provided in this subsection. The licensee shall comply with all the video surveillance system requirements in this subsection unless the licensee notifies the department of a system malfunction as described in subd. 3. The video record shall be made by using a video surveillance system that complies with all of the following requirements: (a)1. The system shall consist of not fewer than two cameras capable of recording video in color and infrared, at not less than 5 frames per second and 470 TV lines resolution. The licensee shall position one camera to clearly capture the area of the vessel in which fish are emptied from the bag of the trawl net, and the licensee shall position one camera to clearly capture the area of the vessel where incidentally caught fish are measured before being returned to the water. Placement of the cameras is subject to all of the following: a. The licensee shall place a measuring board with visible measuring units in inches near the bycatch chute, arranged so that each incidentally caught fish passes across the measuring board in a manner allowing determination of species and length in view of the camera prior to the fish's return to the water.b. Upon direction from the department, the licensee shall reposition any of the cameras if the activities identified in this paragraph are not visible or are unclear in any video record generated under this section after being viewed by the department under par. (c).2. The video record generated by the cameras described in subd. 1. shall be recorded on a hard drive that has memory capacity of not less than 1 terabyte and is capable of retaining not less than 30 days of video records generated as required under par. (b), with each frame of the video record stamped with the date and time of capture.3. The video recording system shall be equipped with an audible alarm warning that indicates system malfunction. If a system malfunction occurs, the licensee shall immediately cease trawling and shall contact the department within 2 hours of returning to the dock. Upon restoration of system functionality, the licensee shall notify the department and shall resume using the system.(b) The licensee shall activate the video recording system under par. (a) upon engine ignition each time a vessel is operated for the purpose of taking whitefish with a trawl and shall provide that the video recording system remains in operation until the vessel returns to its dock and the engine is turned off.(c) The licensee shall maintain all video records captured under this subsection for 30 days following their recording. The licensee shall provide the video record to the department upon request through a wireless internet transmission or with a removable storage device.(3) NET OPERATING REQUIREMENT. (a) Nets do not have to be lifted on Sunday, except as required by notice issued under s. NR 25.07.(b) The lifting requirements of this section shall apply except during extreme adverse weather conditions which would place a fisher in danger of serious injury or death.(c) Upon finding that a net has been lost, stolen or is missing, the owner or operator of the net shall immediately inform the department by notifying a department conservation warden. A net owner or operator who recovers a lost, stolen or missing net shall also immediately notify a department conservation warden of the recovery of the net.(d) A commercial fisher who is engaged in fleet reporting shall display the fleet reporting number issued by the department on the buoys of all nets operated under the fleet reporting program of s. NR 25.135 in place of the individual commercial fishing license numbers.(e)1. All gill nets in the water and marked with a commercial fishing license number or a fleet reporting number shall count toward the total allowable gill net effort authorized under sub. (1) (am) or the linear feet of nets authorized under sub. (2) (a) 9.2. All entrapment gear in the water and marked with a commercial fishing license number or fleet reporting number shall count toward the total allowable number of nets under subs. (1) (b) 3. and (2) (b) 1. b. and 2. b., whether the pots are open or closed.(f) After setting, moving, replacing, or recasting a trap net for whitefish in Green Bay or Lake Michigan and before starting for the dock or shore, the licensee, or a member of the licensee's crew, shall record all of the following in accordance with s. NR 25.13 (2) (at):1. The latitude and longitude at which the pot and lead line buoy of the net are set.2. A unique name for that trap net.(4) NET MESH MEASUREMENT. Whenever the size of mesh of any net is specified in this chapter, the size shall be considered stretch measure. (a) Stretch measure shall be determined by exerting a one pound strain on a mesh knot and measuring the mesh opening immediately above that knot on which the strain is applied from the inside edge of that knot to the inside edge of the knot directly opposite. Measurement shall be made by inserting the measuring device at the uppermost knot in the mesh and reading at the lowermost knot.(b) The weight and measuring devices to be used under par. (a) shall be tested, approved and certified by the Wisconsin department of agriculture, trade and consumer protection, or other governmental entity authorized to do so.(c) Measurement shall be made of meshes in a wet condition.(d) If the majority of 10 or more meshes selected at random by the enforcement officer from any part or parts of the net are found to be illegal, the entire net shall be considered illegal and shall be seized and held subject to the order of the court.(5) MOVEMENT OF COMMERCIAL FISHING GEAR. (a) Except as provided in par. (bm), whenever any gill net lift, encircling net lift or trawl drag catches illegal fish of any species in an amount equal to 10% or more by weight or numbers of the total legal catch, the licensee shall immediately remove the net from the water, and may not reset, place, replace, recast, or operate the net during that same day unless: 1. All parts of the net are moved a distance of at least 3 miles from that site; or2. Moved to a water depth where no part of the net is within 30 feet (5 fathoms) in depth of the water depth at which the catch of illegal fish was made.(bm) When trawling for whitefish from August 1 to 31 pursuant to sub. (2) (d) 2. d., all of the following requirements apply: 1. When a single trawl drag catches illegal fish of any species in an amount equal to 10% or more by weight or numbers of the total legal catch, the licensee shall immediately remove the trawl from the water, and may not reset, replace, recast, or operate any trawl during the same day unless the licensee moves and operates all parts of the trawl a distance of at least 3 miles from that site or to a water depth where no part of the trawl operates within 30 feet (5 fathoms) in depth of the water depth at which the catch of illegal fish was made.2. Notwithstanding the requirement in subd. 1., when a single trawling vessel catches a daily average of at least 2 lake sturgeon, or a daily average of 10 to 49.9% by weight of incidental catch of illegal fish and any whitefish returned to the water, out of the dressed whitefish reported harvested by weight in a single week from Sunday to Saturday, the licensee may not reset, replace, recast, or operate any trawl during the following week unless the licensee moves and operates all parts of the trawl a distance of at least 6 miles from that site.3. Notwithstanding the requirements in subds. 1. and 2., when a single trawling vessel catches 3 or more lake sturgeon or catches more than 50% by weight of incidental catch of illegal fish and any whitefish returned to the water out of the dressed whitefish reported harvested by weight in a single day, the licensee shall cease all trawling activities for the following 3 days.4. The following formula shall be used to determine the percentage of incidental catch of illegal fish out of the reported whitefish harvest for the purposes of subds. 1. to 3.: [((number of whitefish x 1.37) + (number of lake trout and other incidentally caught species x 5.86)) / reported whitefish harvest in pounds] x 100. Note: Weights are determined for incidental catch based on average fish weights.
(6) LAKE SUPERIOR OPEN WATER PERMIT. The department may issue a permit authorizing the setting of nets from a boat or watercraft in the waters of Lake Superior for specific time periods during the period of January 15 to March 31 if it determines that open water conditions exist and weather forecasts predict that there will be adequate time to recover the nets prior to ice formation.Wis. Admin. Code Department of Natural Resources NR 25.09
Cr. Register, September, 1976, No. 249, eff. 10-1-76; am. (2) (b) 2., Register, November, 1977, No. 263, eff. 12-1-77; am. (2) (a) 5., Register, June, 1978, No. 270, eff. 7-1-78; emerg. am (1), (2) (a) (intro.), 3. and 9., eff. 5-16-79; am. Register, October, 1979, No. 286, eff. 11-1-79; am. (2) (a) 3., Register, May, 1981, No. 305, eff. 7-1-81; emerg. r. and recr. (3) (a) 4., r. (5) (a) 3., renum. (5) (b) to be (5) (c), cr. (5) (b), eff. 7-1-81; r. and recr. (3) (a) 4., r. (5) (a) 3., renum. (5) (b) to be (5) (c), cr. (5) (b), Register, August, 1981, No. 308, eff. 9-1-81; renum. (5) and (6) to be (6) and (7), renum. (4) (g) to be (5) (a), renum. (4) (h) and (i) to be (5) (b) and (c) and am., cr. (5) (intro.), Register, November, 1981, No. 311, eff. 12-1-81; am. (2) (a) 9. and (2) (b) 2., Register, April, 1982, No. 316, eff. 5-1-82; renum. (5) and (6) to be (6) and (6m), cr. (5), Register, October, 1982, No. 322, eff. 11-1-82; am. (2) (a) 2. and (5) and r. (6) (b) and (c), Register, April, 1983, No. 328, eff. 5-1-83; r. and recr. Register, June, 1984, No. 342, eff. 7-1-84; renum. from NR 25.08 and am. (1) (b) 2. and (2) (b) 1.a., Register, January, 1985, No. 349, eff. 2-1-85; am. (2) (a) 6.a., Register, August, 1985, No. 356, eff. 9-1-85; emerg. am. (1) (a) 4. b., eff. 4-22-86; am. (1) (a) 4. b., renum. (2) (a) 3. to 9. to be 4. to 10. and am. 5. and 10. a. and b., cr. (2) (a) 3., 4. c. and d., r. and recr. (2) (d) 2., Register, October, 1986, No. 370, eff. 11-1-86; am. (2) (d) 2. c., Register, April, 1988, No. 388, eff. 5-1-88; am. (2) (a) 10. a., cr. (2) (a) 10. d., Register, July, 1988, No. 391, eff. 8-1-88; am. (2) (a) 1. and 2., 4.a., c. and d., (b) 2.d., r. and recr. (2) (a) 3., r. (2) (a) 5., 6.b. and 8.a., cr. (2) (b) 2.c. and (d) 1.d., Register, June, 1989, No. 402, eff. 7-1-89; emerg. am. (1) (a) 4. a., (2) (b) 2. e., (d) 1. a., b. and d., 2. b., cr. (1) (a) 4. bm. and d. to g., (b) 6., r. and recr. (2) (d) 2. c., eff. 4-1-91; am. (1) (a) 4. a., cr. (1) (a) 4. bm., d. to g. and (b) 6., Register, July, 1991, No. 427, eff. 8-1-91; am. (2) (b) 2. e., (2) (d) 1. a., b. and d., 2. b., r. and recr. (2) (d) 2. c., Register, August, 1991, No. 428, eff. 9-1-91; am. (1), Register, November, 1993, No. 455, eff. 12-1-93; am. (2) (b) 2. e., Register, February, 1995, No. 470, eff. 3-1-95; corrections and renumbering of (1) (a) 1. to 5. to be (1) (ad), (ah), (am), (ar) and (av) made under s. 13.93(2m) (b) 1, 2. and 7., Stats., Register, April, 1997, No. 496; am. (1) (am) 3. c., 5. and (b) 2., cr. (1) (b) 9., Register, June, 1997, No. 498, eff. 7-1-97; am. (2) (b) 2. a., Register, April, 1999, No. 520, eff. 5-1-99; CR 01-115: am. (2) (b) 2. a. and e., Register February 2002 No. 554, eff. 3-1-02; CR 02-096: am. (1) (ah) 3., r. (1) (am) 3. c., cr. (1) (as) Register April 2003 No. 568, eff. 5-1-03; CR 02-143: am. (2) (b) 2. a., b. and e. Register September 2003 No. 573, eff. 10-1-03; CR 03-106: cr. (2) (b) 2. f. Register July 2004 No. 583, eff. 8-1-04; CR 05-115: am. (1) (am) 3. d. and (b) 7. Register July 2006 No. 607, eff. 8-1-06; CR 08-060: am. (1) (am) 5., 6., (as), (2) (a) 9., (b) 1. b., 2. b. and f., cr. (2) (b) 2. g., (3) (c), (d), (e) and (6) Register June 2009 No. 642, eff. 7-1-09; correction in (1) (am) 3. f. made under s. 13.92(4) (b) 7, Stats., Register June 2009 No. 642; correction in (1) (am) 4. made under s. 13.92(4) (b) 7, Stats., Register January 2010 No. 649; CR 11-008: cr. (1) (b) 11., am. (2) (b) 2. a., f. Register November 2011 No. 671, eff. 12-1-11.Amended by, CR 15-074: am. (1) (am) 3. f. Register May 2016 No. 725, eff.6/1/2016Amended by, CR 19-134: am. (2) (d) 2. b., cr. (2) (d) 2. d., e., (2m), renum. (5) (intro.) to (5) (a) (intro.) and am., renum. (5) (a), (b) to (5) (a) 1., 2., cr. (5) (bm) Register April 2020 No. 772, eff. 5-1-20; corrections in (2) (d) 2. b., (2m) (a) 3., (5) (a) (intro.), (bm) (intro.), 3., 4. made under s. 35.17, Stats., Register April 2020 No. 772, eff. 5/1/2020Amended by, EmR1923: emerg. am. (1) (am) 3. b., (b) 5., 9., cr. (1) (bm), (d), (e), eff. 12-30-19; CR 19-103: am. (1) (am) 3. b., (b) 5., 9., cr. (1) (bm), (d), (e) Register July 2020 No. 775, eff. 8-1-20; correction in (1) (d) made under s. 35.17, Stats., and (1) (d) (title) created under s. 13.92(4) (b) 2.Register July 2020 No. 775, eff. 8/1/2020Amended by, correction in (5) (a) (intro.) made under s. 13.92(4) (b) 7, Stats., Register January 2021 No. 781, eff. 2/1/2021Amended by, correction in (5) (a) (intro.) made under s. 13.92(4) (b) 7, Stats., Register February 2021 No. 782, eff. 3/1/2021Amended by, EmR2114: emerg. cr. (2) (a) 9m., (3) (e) 1., eff. 5-21-21; CR 21-099: cr. (3) (f) Register July 2022 No. 799, eff. 8/1/2022.Amended by, CR 23-008: am. (intro.), (1) (ad), (ah), (am) (intro), 1., 2., 3. (intro.), a., b., d., f., r. (1) (am) 3. h., am. (1) (am) 4. to 7., (ar) to (b), (bm) 1., (2) (a) 1. to 9., 10. a., cr. (2) (a) 10. am., am. (2) (a) 10. b. to d., (b) 1., 2. (intro.), a. to d., r. and recr. (2) (b) 2. e., am. (2) (b) 2. f., g., (c) 1., r. (2) (c) 2., am. (2) (d) 1. (intro.), a., b., r. (2) (d) 1. c., am. (2) (d) 1. d., 2. (intro.), a., b., (3) (f) 1. Register October 2023 No. 814, eff. 11-1-23; correction in (1) (b), (2) (b) 2. f. made under s. 35.17, Stats., (2) (a) 8. to 10. titles made under s. 13.92 (4) (b) 2., and (2) (c) 1 renum. to (2) (c) under s. 13.92 (4) (b) 1, Stats., Register October 2023 No. 814, eff. 11/1/2023See the table of Appellate Court Citations for Wisconsin appellate cases citing s. NR 25.09.