Section 25.06. Quotas and catch fees.

 

(1)   Lake Superior.

(a) Lake trout. The total allowable annual harvest of lake trout by state and tribal commercial fishers and tribal home use fishers under par. (b) during the open season in Wisconsin waters of Lake Superior east of Bark Point (WI-2) and west of Bark point (WI-1) shall be determined by the natural resources board based upon recommendations from the state/tribal biological committee which consists of state, tribal and national biological service representatives.

1. The total allowable commercial and home use harvest in the waters of Lake Superior east of Bark Point may not exceed 50,100 lake trout. The total allowable commercial and home use harvest in waters of Lake Superior west of Bark Point may not exceed 2,850 lake trout.

2. That number of lake trout to be harvested by non-Indian licensed commercial fishers from the waters of Lake Superior east of Bark Point may not exceed 5,300 lake trout, and from the waters of Lake Superior west of Bark Point may not exceed 2,150 lake trout.

3. That number of lake trout to be harvested by the Red Cliff and Bad River bands, including both commercial and home use fishers, from the waters of Lake Superior east of Bark Point may not exceed 44,800 lake trout. That number of lake trout to be harvested by the Red Cliff and Bad River bands, including both commercial and home use fishers, from the waters of Lake Superior west of Bark Point may not exceed 700 lake trout. If the Red Cliff and Bad River bands do not reach an agreement on the method of allocating the tribal quota between them, the department may divide the quota 50% for the Bad River band and 50% for the Red Cliff band, or by any other equitable method.

4. All lake trout caught in gill nets not less than 4 7/16 inch stretch measure set in waters less than 330 feet (55 fathoms) deep shall be kept and tagged except 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 sub. (3) .

5. The department may recall tags furnished or authorized in accordance with sub. (3) , when necessary to implement a quota reduction.

(b) Harvest of fish from Lake Superior for home use by Lake Superior Chippewas. Members of the Bad River and Red Cliff bands of Lake Superior Chippewas may harvest species of fish for which there is an open season during said season, under home use permits issued by their respective tribal councils.

1. Home use permits will be issued to the heads of households only, and only one permit will be issued to an individual.

2. Permittees are restricted to the use of no more than 350 feet of gill net and sale of fish pursuant to these permits is prohibited. These fishing activities shall be restricted to waters adjacent to the reservations of the Bad River and Red Cliff bands.

(2)   Lake Michigan and Green Bay.

(a) Chubs. The total allowable annual commercial harvest of chubs in Wisconsin waters of Lake Michigan shall be determined by the natural resources board based on recommendations from the department.

1. The total allowable commercial harvest for any license year may not exceed 3,600,000 pounds.

2. No more than 600,000 pounds of the total allowable commercial harvest for any license year may be taken in the northern chub fishing zone.

3. No more than 3,000,000 pounds of the total allowable commercial harvest for any license year may be taken in the southern chub fishing zone.

4. The department reserves 100,000 pounds of the total allowable annual commercial harvest of chubs to be used for special assessment.

(b) Yellow perch. The total allowable annual commercial harvest of yellow perch in Wisconsin waters of Lake Michigan and Green Bay shall be determined by the natural resources board based on recommendations from the department.

1. The total allowable commercial harvest in zone 1 for any license year may not exceed 100,000 pounds.

2. The total allowable commercial harvest in zone 2 for any license year may not exceed 4,655 pounds.

3. The total allowable commercial harvest in zone 3 for any license year may not exceed 107,345 pounds.

(c) Smelt. The total allowable annual commercial harvest of smelt in Wisconsin waters of Lake Michigan and Green Bay shall be determined by the natural resources board based on recommendations from the department.

1. The total allowable commercial harvest of smelt in any license year may not exceed 1,000,000 pounds in Lake Michigan and Green Bay, of which no more than 25,000 pounds may be taken from Green Bay.

(d) Menominees.

1. The total allowable annual commercial harvest of menominees in Wisconsin waters of Lake Michigan and Green Bay shall be determined by the natural resources board based on recommendations from the department.

2. The total allowable commercial harvest of menominees in Lake Michigan and Green Bay may not exceed 75,000 pounds in any license year, with no more than 1,000 pounds to be taken from zone 1, 46,000 pounds from zone 2 and 28,000 pounds from zone 3.

(e) Whitefish.

1. The total allowable annual commercial harvest of whitefish in Wisconsin waters of Lake Michigan and Green Bay shall be determined by the natural resources board based on recommendations from the department.

2.

a. If the total allowable commercial harvest of whitefish in Lake Michigan and Green Bay set in subd. 2. b. is less than or equal to 2,470,000 pounds, no more than 9.13028% may be taken from zone 1, no more than 82.17255% may be taken from zone 2, and no more than 8.69716% may be taken from zone 3. If the total allowable commercial harvest of whitefish in Lake Michigan and Green Bay set in subd. 2. b. is greater than 2,470,000 pounds and less than or equal to 2,880,001 pounds, no more than 225,518 plus one-third X may be taken from zone 1, no more than 2,029,662 plus one-third X may be taken from zone 2, and no more than 214,820 plus one-third X may be taken from zone 3, where X equals the difference between the total allowable commercial harvest and 2,470,000 pounds. If the total allowable commercial harvest of whitefish in Lake Michigan and Green Bay set in subd. 2. b. exceeds 2,880,001 pounds, no more than 362,185 plus 0.0913028 times Y may be taken from zone 1, no more than 2,166,329 plus 0.8217255 times Y may be taken from zone 2, and no more than 351,487 plus 0.0869716 times Y may be taken from zone 3, where Y equals the difference between the total allowable commercial harvest and 2,880,001 pounds.

b. The total allowable commercial harvest of whitefish in Lake Michigan and Green Bay may not exceed 2,880,001 pounds in any license year.

(3)   Tagging of fish. All harvested fish species or subspecies required to be tagged in accordance with this section shall be tagged with tags furnished or authorized by the department upon completing the net lift and before being transported by boat when fishing in open water and before being transported when fishing with nets under ice. Fish shall be individually tagged.

(a) Tags authorized shall be approved in writing by the secretary of the department and shall conform to the following minimum specifications:

1. Tags shall be individually, serially numbered in nonrepeating number series.

2. Tags shall be color-coded by lake trout open season in a color which does not repeat in the next consecutive lake trout open season.

3. Tags shall include an appropriate state or tribal identification.

4. Tags shall only be ordered in a number sufficient to limit the harvest to a biologically determined quota.

5. Issuing authorities shall maintain records of tag allotments to individual fishers by tag serial numbers. Tag records shall be open to inspection by state conservation wardens during regular office hours.

6. Tags are valid for use only for the lake trout open season for which they are issued.

(b) Untagged fish may not be left unattended.

(c) Untagged fish may not be transferred between watercraft.

(d) Tags shall be locked and remain attached to fish until prepared for final consumption. Tags shall remain with smoked or filleted fish until sold to final consumers. Commercial fishers of the outlying waters or licensed wholesale fish dealers shall not be considered final consumers and must be in possession of tags for smoked and filleted fish.

(e) Tags provided or authorized by the department for tagging fish may not be transferred.

(f) No person may possess or use tags furnished or authorized by the department for tagging fish which have been modified or tampered with.

(g) No treaty fisher may lift nets in Wisconsin waters while in possession of tags issued by a tribe or another state for fish taken in Michigan waters.

(4)   Allocation. The harvest quotas established shall be allocated to individual commercial fishing licensees in accordance with s. NR 25.07 .

(5)   Catch fees. Catch fees to be charged for commercial harvest of fish species whose populations are sustained or supplemented through stocking shall be determined and assessed as follows:

(a) The department shall determine catch fees annually for each fish species population subject to this subsection and shall provide this information upon request by February 15 of each year.

(b) The catch fee for a given fish species population shall be equivalent to the department's direct cost in providing those fish for commercial harvest.

(c) Catch fees shall be charged on a per fish harvested basis.

(d) Catch fees shall be collected through the sale of fish tags furnished or authorized by the department in accordance with sub. (3) at offices indicated on the quota applications provided under s. NR 25.07 (3) . The total number of tags that may be purchased by an individual licensee shall be equivalent to that licensee's individual catch quota as determined in accordance with s. NR 25.07 .

(e) Unused fish tags purchased in accordance with par. (d) shall be returned by the licensee to the department at the office where purchased within 15 days of the end of the open season for that fish species population. The department shall return the catch fees paid by that licensee for those unused fish tags.

History: Cr. Register, September, 1976, No. 249 , eff. 10-1-76; emerg. am., eff. 5-16-79; am. Register, October, 1979, No. 286 , eff. 11-1-79; am. (2) (a), Register, May, 1981, No. 305 , eff. 7-1-81; emerg. am. (1) (b) to (d) and (f), r. (1) (e), eff. 7-1-81; am. (1) (b) to (d) and (f), r. (1) (e), Register, August, 1981, No. 308 , eff. 9-1-81; emerg. am. (2) (a), eff. 7-1-82; am. (2) (a), Register, September, 1982, No. 321 , eff. 10-1-82; am. Register, October, 1982, No. 322 , eff. 11-1-82; am. (2) (a) and cr. (2) (b), Register, April, 1983, No. 328 , eff. 5-1-83; am. (2) (a) 1. and (3) (f), renum. (2) (a) 3. to be (2) (a) 4., cr. (2) (a) 3., Register, June, 1983, No. 330 , eff. 7-1-83; am. (2) (b) 1., Register, June, 1984, No. 342 , eff. 7-1-84; am. (2) (a) 1. to 3., Register, July, 1984, No. 343 , eff. 8-1-84; reprinted to correct error in (2) (a) 2., Register, August, 1984, No. 344 ; emerg. am. (1) (a), eff. 1-2-86; emerg. cr. (3) (a) and (g), eff. 4-22-86; emerg. am. (1) (a) 3., eff. 5-1-86; r. and recr. (1) (a), Register, July, 1986, No. 367 , eff. 8-1-86; am. (2) (a) 1. to 3. and (b) 1., cr. (2) (c) and (3) (a) and (g), Register, October, 1986, No. 370 , eff. 11-1-86; emerg. am. (1) (a) 1. to 3., eff. 3-10-87; am. (1) (a) 1. to 3., Register, December, 1987, No. 384 , eff. 1-1-88; am. (2) (c) 3., Register, April, 1988, No. 388 , eff. 5-1-88; am. (2) (b) (intro.) and 1., (c) 1., a. (2) (b) 2. and 3., (2) (d) and (e), Register, June, 1989, No. 402 , eff. 7-1-89; am. (2) (b) 1., Register, January, 1990, No. 409 , eff. 2-1-90; emerg. am. (1) (a) 1. to 4., eff. 11-28-90; emerg. am. (2) (c) (intro.) and 1., r. (2) (c) 2. and 3., eff. 4-1-91; am. (2) (b) 1., Register, June, 1991, No. 426 , eff. 7-1-91; am. (1) (a) 1. to 4., Register, July, 1991, No. 427 , eff. 8-1-91; am. (2) (c) (intro.) and 1., r. (2) (c) 2. and 3., Register, August, 1991, No. 428 , eff. 9-1-91; am. (2) (a) 1. and 2. and (e) 2., Register, March, 1992, No. 435 , eff. 4-1-92; emerg. am. (2) (b) 1. eff. 7-1-94; am. (2) (b) 1., Register, January, 1995, No. 469 , eff. 2-1-95; am. (2) (a) 2., cr. (2) (c) 2., Register, February, 1995, No. 470 , eff. 3-1-95; emerg. am. (2) (b) 2. and 3., eff. 7-1-95; am. (2) (e) 2., Register, July, 1995, No. 475 , eff. 8-1-95; am. (2) (b) 2. and 3., Register, September, 1995, No. 477 , eff. 10-1-95; am. (1) (a) 2., Register, January, 1997, No. 493 , eff. 2-1-97; am. (2) (e) 2., Register, April, 1997, No. 496 , eff. 5-1-97; am. (1) (a) (intro.), 1. to 4. and (2) (b) 1., Register, June, 1997, No. 498 , eff. 7-1-97; am. (2) (e) 2., Register, April, 1999, No. 520 , eff. 5-1-99; am. (2) (c) 1., Register, September, 1999, No. 525 , eff. 10-1-99; CR 01-037 : am. (2) (b) 1., Register February 2002 No. 554 , eff. 3-1-02; CR 01-115 : r. (2) (c) 2., Register February 2002 No. 554 , eff. 3-1-02; emerg. am. (1) (a) 1. to 3. eff. 11-1-02; CR 02-096 : am. (1) (a) 1. to 3. Register April 2003 No. 568 , eff. 5-1-03; CR 02-144 : am. (2) (c) 1. Register June 2004 No. 582 , eff. 7-1-04; CR 03-107 : am. (2) (b) 1. Register June 2004 No. 582 , eff. 7-1-04; CR 05-085 : am. (2) (b) 1. Register March 2006 No. 603 , eff. 4-1-06; CR 05-115 : am. (1) (a) 1. to 3. Register July 2006 No. 607 , eff. 8-1-06; CR 07-075 : am. (2) (b) 1. Register April 2008 No. 628 , eff. 5-1-08; CR 08-060 : am. (3) (intro.) Register June 2009 No. 642 , eff. 7-1-09; CR 09-016 : am. (3) (a) 2. and 6., cr. (3m) Register January 2010 No. 649 , eff. 2-1-10; corrections in (3m) made under s. 13.92 (4) (b) 7. , Stats., Register January 2010 No. 649 ; CR 09-083 : r. and recr. (2) (e) 2. Register March 2010 No. 651 , eff. 4-1-10; CR 13-001 : r. (3m) Register August 2013 No. 692 , eff. 9-1-13; EmR1401 : emerg. am. (1) (a) 1. to 3., eff. 1-13-14; CR 13-111 : am. (1) (a) 1. to 3. Register August 2014 No. 704 , eff. 9-1-14. Note: See the table of Appellate Court Citations for Wisconsin appellate cases citing s. NR 25.06 .