Section 25.03. Commercial fishing licenses.

 

(1)   Lake Superior.

(a)

1. Not more than 10, subject to subd. 2. , licenses authorizing commercial fishing in Lake Superior may be issued for each license year except that this section does not apply to licenses for fishing only for the harvest of rough fish from outlying waters under permit or contract issued under s. 29.417 or 29.421 , Stats.

2. Notwithstanding the total number of licenses established in subd. 1. , the department may issue up to 21 licenses authorizing commercial fishing in Lake Superior if required by the terms of cooperative agreements between the department and persons licensed during the 1995-1996 license year.

3. A person may hold more than one license under s. 29.519 (1m) , Stats., for commercial fishing on Lake Superior, if the person meets the criteria of par. (b) for each license separately.

(b) Applications for licenses authorizing commercial fishing on Lake Superior which have been filed in accordance with sub. (3) shall be reviewed, and approved or denied, pursuant to the following criteria:

1. The applicant shall show proof of a $5,000 investment in commercial fishing equipment not to include vehicles other than those directly employed in operating nets.

2. Any applicant failing to meet the criteria of this paragraph will not be eligible to reapply for a license until the application period for the succeeding license year.

(c) Licenses shall be issued according to the following priorities to applicants otherwise qualified under par. (b) :

1. First to individuals who have been licensed commercial fishers on Lake Superior during the preceding license year and who are applying for renewal of that license.

2. Next to individuals who were not licensed the preceding license year, but who had been licensed commercial fishers on Lake Superior for at least 2 years.

3. Next to individuals who worked as a licensed crew member on Lake Superior under s. 29.519 (4) (a) , Stats., for at least 2 years.

4. Next to other Wisconsin residents and nonresidents residing in states allowing Wisconsin residents similar privileges.

5. When the number of qualified applicants for licenses exceed the number of licenses available and those applicants are not affected by the priorities established in subds. 1. to 4. , the licenses shall be awarded on the basis of random selection from all eligible applications.

(d) The Lake Superior commercial fishing board shall review applications for licenses and recommend approval or denial of licenses to the department no later than one month before the end of the license year preceding the license year for which application is being made.

(2)   Lake Michigan.

(a) No more than 65 licenses authorizing commercial fishing in Lake Michigan may be issued for each license year. This section does not apply to licenses for fishing only for the harvest of rough fish from outlying waters under a permit or contract issued under s. 29.417 or 29.421 , Stats.

(am) A person may hold more than one license under s. 29.519 (1m) , Stats., for commercial fishing on Lake Michigan, if the person meets the criteria of par. (b) for each license separately.

(b) Applications for licenses authorizing commercial fishing in Lake Michigan which have been filed in accordance with sub. (3) shall be reviewed, and approved or denied, pursuant to the following criteria:

1. The applicant shall show proof of a $5,000 investment in commercial fishing equipment not to include vehicles other than those directly employed in operating nets.

2. Any applicant failing to meet the criteria of this paragraph will not be eligible to reapply for a license until the application period for the succeeding license year.

(c) Licenses shall be issued according to the following priorities to applicants otherwise qualified under par. (b) :

1. First to individuals who have been licensed commercial fishers on Lake Michigan during the preceding license year and who are applying for renewal of that license.

2. Next to individuals who were not licensed the preceding license year, but who had been licensed commercial fishers on Lake Michigan for at least 2 years.

3. Next to individuals who worked as a licensed crew member on Lake Michigan under s. 29.519 (4) (a) , Stats., for at least 2 years.

4. Next to other Wisconsin residents and nonresidents residing in states allowing Wisconsin residents similar privileges.

5. When the number of qualified applicants for licenses exceed the number of licenses available and those applicants are not affected by the priorities established in subds. 1. to 4. , the licenses shall be awarded on the basis of random selection from all eligible applications.

(d) The Lake Michigan commercial fishing board shall review applications for licenses and recommend approval or denial of licenses to the department no later than one month before the end of the license year preceding the license year for which application is being made.

(3)   Application. Application for licenses authorizing commercial fishing in the outlying waters shall be made on forms available from the department and shall be returned to the department no later than 60 days before the license year for which application is being made. To be timely, applications, if mailed, must be postmarked no later than 60 days before the license year for which application is being made and if submitted to the department other than by mail must be received and stamped with a date stamp of the department indicating receipt no later than 60 days before the license year for which application is being made. Late applications for licenses may not be acted upon by the department but shall be returned to the applicant along with the applicant's license fee.

(4)   Rough fish licenses. This section does not apply to licenses for fishing only for the harvest of rough fish from outlying waters under permit or contract issued under s. 29.417 or 29.421 , Stats.

History: Cr. Register, September, 1976, No. 249 , eff. 10-1-76; r. and recr. Register, October, 1979, No. 286 , eff. 11-1-79; am. (1), Register, August, 1980, No. 296 , eff. 9-1-80; am. (1) (a), (2) (a) and (3), cr. (2) (b) and (c), Register, March, 1981, No. 303 , eff. 4-1-81; am. (1) (a), (2) (c) 5. and (3), r. and recr. (1) (b) 2. and 3., (2) (a), r. (2) (b) and (2) (c) 3., renum. (2) (c) (intro.), 1. and 2. to be (2) (b) (intro.) 1. and 2., renum. (1) (b) 4. to be (1) (c) and am., renum. (1) (b) 5. to be (1) (c) 5. and am., renum. (1) (c) to be (1) (d) and am., renum. (2) (c) 4. to be (2) (c) and am., cr. (2) (b) 3., Register, June, 1983, No. 330 , eff. 7-1-83; emerg. am. (2) (a), (b) (intro.) and (c) (intro.), cr. (2) (d), (e) and (f), eff. 5-5-86; am. (2) (a) and (b) (intro.), cr. (2) (d) and (e), Register, December, 1986, No. 372 , eff. 1-1-87; am. (2) (a), (b) (intro.) and 1., r. (2) (b) 2. intro. and a., (2) (c) to (e), renum. (2) (b) 2. b. to be (2) (b) 2. and am., r. and recr. (2) (b) 3., Register, April, 1988, No. 388 , eff. 5-1-88; cr. (2) (b) 4., Register, June, 1989, No. 402 , eff. 7-1-89; emerg. r. (2) (b) 2., renum. (2) (b) 3. and 4. to be 2. and 3. and am. 3., am. (3), cr. (4) eff. 4-1-91; r. (2) (b) 2., renum. (2) (b) 3. and 4. to be 2. and 3. and am. 3., am. (3), cr. (4), Register, August, 1991, No. 428 , eff. 9-1-91; am. (1) (b) 2., Register, November, 1993, No. 455 , eff. 12-1-93; cr. (1) (a) 2., Register, January, 1997, No. 493 , eff. 2-1-97; r. and recr. (2) (b) 3., cr. (2) (b) 4. and 5., Register, March, 1998, No. 507 , eff. 4-1-98; am. (2) (b) 3. a. and b., Register, June, 2001, No. 546 , eff. 7-1-01; CR 08-060 : cr. (1) (a) 3. and (2) (am) Register June 2009 No. 642 , eff. 7-1-09; CR 09-016 : am. (1) (b) to (d), (2) (a) and (3), r. (2) (b) 2., renum. (2) (b) 3. to 5. to be (2) (b) 2. to 4. and am., cr. (2) (b) 5., (c) and (d) Register January 2010 No. 649 , eff. 2-1-10; CR 13-001 : am. (1) (b) (intro.), r. (1) (b) 2. to 4., renum. (1) (b) 5. to 2., am. (2) (b) (intro.), r. (2) (b) 2. to 4., renum. (2) (b) 5. to 2. Register August 2013 No. 692 , eff. 9-1-13.

Note

The Wisconsin Attorney General and the Department of Natural Resources interpret LeClair et al. v. Natural Resources Board and DNR, 168 Wis. 2d 227 (Ct. App. 1992), (review denied June 2, 1992) and prior cases to hold that commercial fishing licenses and quotas do not establish property rights and are subject to the full regulatory authority of the state. By voluntarily withdrawing from the commercial fishery in conjunction with the creation of this subdivision and the amendment of ss. NR 25.03 (1) (a) and 25.06 (1) (a) 2. , (effective February 1, 1997), participating commercial fishers acknowledge this interpretation and agree to cooperate in reducing the size of the commercial fishery while enhancing the lake trout fishery of Lake Superior. Microsoft Windows NT 6.1.7601 Service Pack 1