Section 25.09. Commercial fishing gear.

  Licensed commercial 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 - 1 3 / 4 inch. With a mesh size of not more than 1 3 / 4 inch stretch measure.

(ah) Gill nets - 2 3 / 8 inch. With a mesh size of not less than 2 3 / 8 inch and not more than 3 inch stretch measure:

1. Not more than 35 meshes in depth in water 12 to 60 feet (2 to 10 fathoms) deep or 210 to 330 feet (35 to 55 fathoms) only from January 16 through November 9;

2. Not more than 35 meshes in depth in water 60 to 330 feet (10 to 55 fathoms) deep only from November 10 through January 15; or

3. Not more than 60 meshes in depth in water of any depth and during any time of the year may be used provided 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.

(am) Gill nets - 4 7 / 16 inch. With a mesh size of not less than 4 7 / 16 inch stretch measure:

1. Not more than 36 meshes in depth and only when set on the bottom of the lake, including treaty fishers.

2. In waters less than 330 feet (55 fathoms) deep only from November 28 through September 30.

3. 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 which may be set by commercial fishers shall be determined by the department according to this subdivision based on catch-per-unit-of-effort (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 catch-per-unit-of-effort (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 commercial fishers 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. Catch-per-unit-of-effort (CPE) for each period shall be determined from department-monitored state and tribal net lifts occurring during each period. Catch-per-unit-of-effort (CPE) is the ratio of dead and live lake trout caught for each period divided by the feet of monitored net in thousands of feet set during each period.

d. The 3-year average catch-per-unit-of-efforts (CPEs) shall be calculated by the department as the average of the monitored catch-per-unit-of-efforts (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. Allowable gill net effort limitations for period 1 shall be made available 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. Allowable gill net effort limitations for periods 2 and 3 shall be determined by the department 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.

h. State commercial and tribal fisheries' allowable gill net effort for period 1 for each lake trout open season shall be determined by the department and made available by November 1 of each year.

4. May not be set in water less than 330 feet (55 fathoms) deep for the remainder of the lake trout open season by a licensed commercial fisher upon use of all tags issued for lake trout to the fisher 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.

5. Shall be tagged by the licensed commercial fisher using 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. May not be placed 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. May not be set or placed within 1 / 4 mile shoreward of the pot and lead of any entrapping net, except that if a trap net is set within 1 / 4 mile of a gill net, that gill net may continue to be lifted and reset in the same location.

(ar) Gill nets - unrestricted size. 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 . Shall be legibly marked on each float or on each lead with the license number or fleet reporting number of the commercial fishing license holder to whom it belongs.

(av) Gill net lifting requirements. Shall be lifted a minimum of:

1. Once every 72 hours (3 days) in open water less than 96 feet (16 fathoms) deep.

2. Once every 120 hours (5 days) in open water 96 to 210 feet (16 to 35 fathoms) deep.

3. Once every 240 hours (10 days) in open water more than 210 feet (35 fathoms) deep.

4. Once every 120 hours (5 days) in commercial ice fishing.

(b) Entrapping nets.

1. Only when the pot or crib is set, placed or operated in water not more than 90 feet (15 fathoms) deep.

2. May be set, placed or operated 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. May be used up to 10 such nets by each licensed commercial fisher, that being the maximum number of pots or cribs allowed.

4. Shall be lifted a minimum of once every 168 hours (7 days).

5. 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 14 days after the close of the lake trout season.

6. May not be placed within 1 / 2 mile of any other entrapping net.

7. May not be placed or operated 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.

8. May not be placed or operated in the waters of Lake Superior from a boat or water craft from November 28 through March 31.

9. Entrapment nets fished in the area west of Bark Point and also in the area known as the Van Tassells Point area described in s. NR 25.10 (1) (c) may harvest only whitefish and lake herring.

10. May not be placed or operated within 1 mile of a designated trout stream.

11. Shall each be marked and maintained 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 to whom each net belongs 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.

(c) Encircling nets and trawls. Encircling nets and trawls are prohibited.

(2)   Lake Michigan and Green Bay.

(a) Gill nets.

1. 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 for taking smelt only.

2. 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 in southern Green Bay only.

3. 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, only in the southern chub fishing zone in water more than 150 feet (25 fathoms) deep.

4. 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 and Green Bay, in the northern chub fishing zone only.

b. For other legal fish species in Lake Michigan and Green Bay.

c. May not exceed 18 meshes in depth when set in waters less than 150 feet (25 fathoms) deep in Lake Michigan outside the northern chub fishing zone.

d. May not exceed 60 meshes in depth when set in Green Bay, or in waters 150 feet (25 fathoms) deep or deeper in Lake Michigan, or within the northern chub fishing zone.

6. With a mesh size of not less than 4 inch and not more than 4 1 / 2 inch stretch measure:

a. Only in southern Green Bay in water less than 30 feet (5 fathoms) deep.

c. From May 20 to March 9, except during the closed season for whitefish.

d. Not more than 30 meshes in depth.

7. With a mesh size of not less than 4 1 / 2 inch and not more than 6 1 / 2 inch stretch measure:

a. 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. In Green Bay.

c. Only during the open season for whitefish.

d. 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. With a mesh size of not less than 6 ½ inch stretch measure:

b. Only during the open seasons for whitefish and yellow perch.

c. Not more than 12 meshes in depth.

9. With a mesh size of 4 inch or larger stretch measure, not to exceed 12,000 feet may be used under each license at any one time.

10. Shall be lifted a minimum of:

a. Once every 24 hours (1 day) in open water less than 150 feet (25 fathoms) deep for all mesh sizes in Green Bay and Lake Michigan except as provided in subd. 10. d.

b. Once every 120 hours (5 days) in open water 150 feet (25 fathoms) deep or deeper for mesh sizes of not more than 2 3 / 4 inch stretch measure in Lake Michigan.

c. Once every 48 hours (2 days) in commercial ice fishing.

d. Once every 120 hours (5 days) in open water less than 150 feet (25 fathoms) deep for mesh sizes of not more than 2 3 / 4 inch stretch measure in Lake Michigan.

(b) Entrapping nets.

1. Drop nets and fyke nets:

a. Only during the open season for yellow perch, except by permit issued under s. NR 25.10 (4) .

b. May be used up to 30 drop nets or fyke nets in aggregate under each license, that being the maximum number of pots or cribs allowed.

c. Shall be lifted a minimum of once every 72 hours (3 days).

2. Pound nets and trap nets:

a. Only when the pot or crib is set, placed or operated in water not more than 150 feet (25 fathoms) deep and from June 29 to Labor Day south of a line extending from the Lake Michigan shoreline along 44º52'30" north latitude only when 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).

b. No more than 12 pound nets and trap nets in aggregate may be used under each license, that being the maximum number of pots or cribs allowed, except that from June 29 to Labor Day no more than 3 pound nets and trap nets in aggregate may be used under each license in the waters of Lake Michigan lying south of a line extending from the Lake Michigan shoreline along 44 ° 52 ‵ 30 ‶ north latitude.

c. Shall be lifted a minimum of once every 120 hours (5 days).

d. 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. May be used to take fish in the waters of Lake Michigan lying between a line extending from the Lake Michigan shoreline along 44º52 ‵ 30 ‶ north latitude and a line extending from the Lake Michigan shoreline along 44º8 ‵ 55 ‶ north latitude, between a line extending from the Lake Michigan shoreline along 44º5 ‵ 33 ‶ north latitude and a line extending from the Lake Michigan shoreline along 43º40 ‵ 50 ‶ north latitude, and south of a line extending from the Lake Michigan shoreline along 43º34 ‵ 39 ‶ north latitude only during the period including the day after Labor Day to June 28. Unless the department has granted an extension of time, the webbing shall be removed from the water by June 28 and may not be reinstalled 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.

f. Shall each be marked and maintained 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 to whom each net belongs 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. For legal fish species in Lake Michigan and Green Bay.

(c) Seines.

1. With a mesh size of not less than 3 inch stretch measure.

2. Not less than 75 feet in length.

(d) Trawls.

1. In southern Green Bay:

a. Only for taking smelt under s. NR 25.06 (2) (c) .

b. Only in water more than 65 feet deep.

c. Only north of a line from the southernmost point of Little Tail point to the Green Bay navigation channel entrance light.

d. When used to harvest smelt in Green Bay, diverters with openings no larger than 7 / 8 inch wide shall be used.

2. In Lake Michigan:

a. Only in waters 60 feet (10 fathoms) deep or deeper bounded by a line beginning at a point where 44 ° 30 ′ north latitude intersects with the Wisconsin shore of Lake Michigan, then proceeding east along 44 ° 30 ′ north latitude, to its intersection with 87 ° 10 ′ west longitude, then proceeding south along 87 ° 10 ′ west longitude to its intersection with 44 ° 10 ′ north latitude then proceeding west along 44 ° 10 ′ north latitude to its intersection with 87 ° 20 ′ west longitude, then proceeding south along 87 ° 20 ′ west longitude to its intersection with 43 ° 50 ′ north latitude, then proceeding west along 43 ° 50 ′ north latitude to its intersection with 87 ° 40 ′ west longitude, then proceeding north along 87 ° 40 ′ west longitude to its intersection with 44 ° 00 ′ north latitude, then proceeding west along 44 ° 00 ′ 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.

b. Only 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) .

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.

(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.

(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. Whenever any gill nets, encircling nets or trawls catch illegal fish of any species in an amount equal to 10% or more by weight or numbers of the total legal catch, those nets shall be immediately removed from the water, and may not be reset, placed, replaced, recast or operated during that same day unless:

(a) All parts of the net are moved a distance of at least 3 miles from that site; or

(b) 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.

(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.

History: 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; CR 15-074 : am. (1) (am) 3. f. Register May 2016 No. 725 , eff. 6-1-16. Note: See the table of Appellate Court Citations for Wisconsin appellate cases citing s. NR 25.09 .