Section 25.08. Transfer of individual licensee catch quotas.

  Individual licensee catch quotas allotted under s. NR 25.07 (1) (a) or (2) (am) 1. , (b) , (bg) , (br) , (c) , (d) , (e) or (f) may be transferred by the licensee receiving the quota allocation to another valid licensee authorized to engage in commercial fishing in the waters to which the quota applies, who meets all criteria for receiving such a quota other than previous fishing history, subject to the conditions stated in this section.

(1)  Application for individual licensee catch quota transfers shall be made on forms provided by the department.

(2)  All or part of an individual licensee catch quota allotted under s. NR 25.07 (1) (a) or (2) (am) 1. , (b) , (bg) , (br) , (c) , (d) , (e) or (f) may be permanently or temporarily transferred by the quota holder.

(2m)  A northern chub fishing zone permit issued under s. NR 25.07 (2) (a) 1. , may be permanently transferred by the permit holder only in conjunction with the transfer of the permit holder's valid license authorizing commercial fishing in the outlying waters under s. NR 25.04 .

(2t)  

(a) All or part of an individual licensee catch quota allotted under s. NR 25.07 (2) (g) 5. , may be temporarily or permanently transferred by the licensee receiving the quota allocation to another licensee who also holds a valid quota smelt fishery permit and individual licensee catch quota issued under s. NR 25.07 (2) (g) 5.

(b) A quota smelt fishery permit and individual licensee catch quota allotted under s. NR 25.07 (2) (g) 5. , may be transferred by the licensee receiving the permit and catch quota to a person who does not also hold a valid quota smelt fishery permit and individual licensee catch quota issued under s. NR 25.07 (2) (g) 5. , only in conjunction with the transfer of the permit holder's valid license authorizing commercial fishing in the outlying waters under s. NR 25.04 .

(3)  A licensee may designate on the application for their individual licensee catch quota a person to whom the licensee wishes that quota to be transferred in the event of the licensee's death or incapacity. This designation may be changed during the license year as requested in writing by the licensee. The designated person shall meet the criteria under this section for the transfer to occur.

(a) In the absence of such a designation, or a qualified transferee, or a transferee capable of accepting the transfer under this section, members of the immediate family of the licensee who meet the eligibility requirements of this section shall be offered the quota. The offer shall be made by the department in the following order:

1. Spouse;

2. Children, eldest first, then in order of age;

3. Parents;

4. Siblings, eldest first, then in order of age.

(b)

1. If a prospective transferee under this subsection is not eligible under the criteria of s. 29.519 , Stats., and this chapter to receive a Lake Superior quota at the time it is offered, but he or she could become eligible within 2 years, the department shall offer the quota to the person. If the person accepts the quota within 30 days of the offer, the person shall have until 2 years from the date of acceptance to show that he or she meets the eligibility requirements of s. 29.519 , Stats., and this chapter, during which time the quota shall be held in abeyance by the department. However, if it becomes apparent to the department that the person cannot become eligible within 2 years from the date of acceptance; if the person fails to become eligible within the 2 year period; or if the person does not accept the offer within 30 days, the department shall offer the quota to the next prospective transferee under this subsection, if any exist.

2. If a prospective transferee under this subsection is not eligible under the criteria of s. 29.519 , Stats., and this chapter to receive a Lake Michigan quota at the time it is offered, but he or she could become eligible within 2 years, the department shall offer the quota to the person. If the person accepts the quota within 30 days of the offer, the person shall have until 2 years from the date of acceptance to show that he or she meets the eligibility requirements of s. 29.519 , Stats., and this chapter, during which time the quota shall be held in abeyance by the department. However, if it becomes apparent to the department that the person cannot become eligible within 2 years from the date of acceptance; if the person fails to become eligible within the 2 year period; or if the person does not accept the offer within 30 days, the department shall offer the quota to the next prospective transferee under this subsection, if any exist.

(c) All offers of transfer under this subsection shall be accepted within 30 days from the date of offer or be considered refused.

(d) The provisions of this subsection shall apply to quotas granted for license year July 1, 1983 to June 30, 1984 and subsequent license years.

(4)  Individual licensee catch quotas may not be transferred if the quota holder or the recipient are charged with a violation of outlying waters commercial fishing laws under which conviction could cause revocation or suspension of their respective commercial fishing license. This subsection shall apply from issuance of the citation or complaint until the matter is adjudicated or dismissed.

(5)  Individual licensee catch quota transfers shall be reviewed and approved or denied by the department. Such review and approval or denial shall occur within 20 business days after receipt by the department of a complete transfer request. The department shall notify the appropriate commercial fishing board of any transfer denial.

History: Cr. Register, January, 1985, No. 349 , eff. 2-1-85; emerg. am. (intro.), eff. 7-1-89, am. (intro.), Register, October, 1989, No. 406 , eff. 11-1-89; am. (intro.) and (2), cr. (2m), Register, November, 1991, No. 431 , eff. 12-1-91; am. (2), Register, November, 1993, No. 455 , eff. 12-1-93; am. (2m) and (5), Register, March, 1994, No. 459 , eff. 4-1-94; am. (intro.) and (2), cr. (2t), Register, October, 1995, No. 478 , eff. 11-15-95; correction in (intro.) and (2) made under s. 13.93 (2m) (b) 7., Stats., Register, February, 1996, No. 482 ; r. and recr. (3) (b) and cr. (3) (b) 2., Register, June, 1997, No. 498 , eff. 7-1-97; am. (5), Register, July, 1999, No. 523 , eff. 8-1-99; correction in (2t) made under s. 13.93 (2m) (b) 1., Stats., Register, July, 1999, No. 523 , eff. 8-1-99. Note: See the table of Appellate Court Citations for Wisconsin appellate cases citing s. NR 25.08 .