Section 25.10. Restricted commercial fishing areas.

  The following restrictions apply to the use of the specified commercial fishing gear in the indicated areas:

(1)   Lake superior.

(a) No commercial fishing gear of any kind except nets by permit issued under sub. (4) for the taking of rough or detrimental fish, or entrapping nets by permit issued under sub. (4) for the taking of whitefish may be used, set, placed or operated in the following waters:

1. Allouez bay, Superior bay, and St. Louis bay, all in Douglas county and as described in s. 29.417 , Stats.

2. All waters within one-fourth mile of the mouth of any navigable stream flowing into Lake Superior.

3. All waters within one-fourth mile of any harbor, pier or breakwater from April 15 through November 30.

4. That portion of Chequamegon bay lying south of a line beginning at the easternmost point of Houghton point in section 27, township 49 north, range 4 west, Bayfield county, then proceeding northeasterly to the signal light on the western end of Long island in section 13, township 48 north, range 4 west, Ashland county, then along the south or west shore of Long island and on across the cut, if present, along the south or west shore of Chequamegon point to where Chequamegon point joins the mainland in section 1 or 12, township 48 north, range 3 west, Ashland county.

(b) No commercial fishing gear of any kind except nets by permit issued under sub. (4) for the taking of rough or detrimental fish may be used, set, placed or operated in the following waters:

1. All waters bounded by a line beginning at the mouth of Graveyard creek in section 3, township 47 north, range 1 west, extending north to the Gull Island Shoals refuge south boundary as described in s. NR 26.02 , then east to the Wisconsin-Michigan state line, then southerly along the state line to the shore at the mouth of the Montreal river in section 7, township 47 north, range 1 east, all in Iron county, except from November 15 through December 15 in water 84 feet (14 fathoms) deep or deeper, when and where gill nets with a mesh size of not less than 2 ½ inch and not more than 3 inch stretch measure may be used for taking lake herring.

2. That portion of Siskiwit bay lying south of a line extending from Roman (Quarry) point in section 29, township 50 north, range 6 west, to Squaw point in section 22, township 50 north, range 6 west, all in Bayfield county.

3. All waters bounded by a line beginning at the signal light on the western end of Long island in section 13, township 48 north, range 4 west at N46 ° 43.708 ‵ , W90 ° 48.587 ‵ , then extending northeasterly to the southernmost point of Madeline island in section 6, township 49 north, range 4 west at N46 ° 45.150 ‵ , W90 ° 34.500 ‵ , then due east to the western boundary of Gull Island Shoals refuge as described in s. NR 26.02 , then southerly along the refuge boundary to latitude N46 ° 40 ‵ at N46 ° 400 ‵ , W90 ° 37.910 ‵ , then due west to the mainland shoreline commonly known as Long Island, then northwesterly along the shoreline to the point of beginning, all in Ashland county, except waters within 1 ½ miles of the mainland shoreline in Ashland county.

4. All waters less than 90 feet (15 fathoms) deep lying between a point extending due north from the mouth of the Iron river in section 34, township 50 north, range 9 west, and a line extending due north from the mouth of the Cranberry river at Herbster in section 5, township 50 north, range 7 west, all in Bayfield county except float nets described in s. NR 25.09 (1) (ah) 3. may be fished from October 15 to December 31, a minimum distance of 1 / 2 mile from shore.

5. All waters less than 210 feet (35 fathoms) deep lying between a line extending due north from the mouth of the Iron river in section 34, township 50 north, range 9 west, Bayfield county, and the Wisconsin-Minnesota state line, except all waters more than 90 feet (15 fathoms) deep lying between a line extending due north from the mouth of the Iron river and a line extending due north from the mouth of the Bois Brule river in section 10, township 49 north, range 10 west, Douglas county, where gill nets with a mesh size of 3 inches or less stretch measure may be used from November 15 through December 31.

6. All waters less than 72 feet (12 fathoms) deep lying between a line extending due north from the mouth of the Cranberry river at Herbster in section 5, township 50 north, range 7 west, and a line extending due north from the northernmost point of Roman (Quarry) point in section 29, township 51 north, range 6 west, all in Bayfield county, except that portion of Bark bay lying southwesterly of a line beginning at Roman (Quarry) point and extending northwesterly to Bark point in section 24, township 51 north, range 7 west, all in Bayfield county, which shall be open from April 1 through May 31.

8. All waters lying east of Madeline island bounded by a line extending due east from the southernmost tip of Madeline island in section 6, township 49 north, range 4 west at N46 ° 45.150 ‵ , W90 ° 47.241 ‵ to the western boundary of the Gull Island Shoals refuge at N46 ° 45.150 ‵ , W90 ° 34.500 ‵ , as described in s. NR 26.02 , and a line extending from the east end of Hagen road along latitude N46 ° 47.274 ‵ on Big Bay point on Madeline island in sections 19 and 30, township 50 north, range 2 west, to that same western boundary of the Gull Island Shoals refuge at N46 ° 47.274 ‵ , W90 ° 33.071 ‵ , all in Ashland county, from June 1 through August 31.

9. Those waters less than 35 fathoms lying north of latitude 46 o 59.3 ‵ refuge line, in grids 1212, 1312 and east of longitude 90 o 25 ‵ and south of latitude 47 o 05 ‵ in grids 1311 and 1211.

(c) No commercial fishing gear of any kind except by permit issued under sub. (4) for the taking of whitefish and lake herring only from June 1 to August 15 may be used, set, placed or operated in the following waters: the area from the easterly most tip of Houghton Point, section 27, township 49 north, range 4 west, Bayfield county, northerly along the shoreline to the entry to the city of Bayfield marina, then easterly to Point Defroid on Madeline island, section 30, township 50 north, range 3 west, Ashland county, then southerly along the western end of the island to the tip of Grants Point, section 6, township 49 north, range 3 west, Ashland county, then southerly to Chequamegon Point on the western tip of Long island, section 13, township 49 north, range 4 west, Ashland county, thence southwesterly to the eastern tip of Houghton Point, except that float nets as described in s. NR 25.09 (1) (ah) 3. may be fished under the ice only, gill nets of not less than 4 7/16 inch minimum stretch measure may be fished under the ice and not from a boat north of latitude 46 ° 45 ‵ at a minimum depth of 19 fathoms, gill nets of not greater than 1 3/4 inch stretch measure may be fished for smelt and herring under the ice, but must be at least 1/2 mile from the mouth of any trout stream, and entrapment gear for smelt may be allowed by permit from ice out to May 15. Commercial trap nets operated under permits issued under sub. (4) for the restricted area described in this paragraph, but not including the exception for float nets as described in s. NR 25.09 (1) (ah) 3. , shall be limited to a maximum of one per commercial fishing license and may not be set within the following waters: the area from N46 ° 44.22 ‵ W90 ° 50.22' then southeast to N46 ° 43.08 ‵ W90 ° 49.44 ‵ then southwest to N46 ° 42.6 ‵ W90 ° 50.10 ‵ then northwest to N46 ° 43.74 ‵ W90 ° 50.94 ‵ then northeast to N46 ° 44.22 ‵ W90 ° 50.22 ‵ . All commercial fishing gear operated under permits issued under sub. (4) for the restricted area described in this paragraph, but not including the exception for float nets as described in s. NR 25.09 (1) (ah) 3. , shall have the fish holding pot portion rendered inoperable after August 15 and shall have the webbing removed from the water on or before August 18.

(2)   Lake Michigan and Green Bay.

(a) No commercial fishing gear of any kind except nets by permit issued under sub. (4) for the taking of rough or detrimental fish, or entrapping nets by permit issued under sub. (4) for the taking of whitefish may be used, set, placed or operated in the following waters:

1. Bailey's harbor, Detroit harbor, Eagle harbor, Egg harbor, Fish Creek harbor, Jackson harbor, Little Sturgeon bay, Moonlight bay, North bay, Riley's bay, Rowley's bay, Sawyer harbor, Sturgeon bay, Washington harbor and West harbor, all in Door county and as described in s. 29.417 , Stats.

2. All waters within one-half mile of any harbor, pier or breakwater in Door, Kewaunee, Manitowoc or Sheboygan counties.

3. All waters within one-fourth mile of the mouth of any navigable stream flowing into Lake Michigan or Green Bay.

4. All waters within one-fourth mile of the shoreline in Door, Kewaunee, Manitowoc and Sheboygan counties.

5. That portion of southern Green Bay bounded by a line beginning at the silo west of Little Sturgeon Bay at 87 ° 35 ‵ W longitude in the SE 1 / 4 SE 1 / 4 , section 33, township 28 north, range 24 east, then proceeding northeasterly 7.75 statute miles on a 54 ° bearing through the Sherwood Point shoal signal buoy and 0.37 statute miles beyond to latitude 44 ° 55 ‵ N, then due east on a 44 ° 55 ‵ bearing, 2.75 statute miles to the shoreline in section 12, township 28 north, range 25 east, all in Door county.

6. That portion of southern Green Bay lying north or east of a line beginning at the south end of Ogden street in the city of Marinette in section 9 at N45 ° 05.049 ‵ , W87 ° 35.810 ‵ , and running southeasterly to the most southern point of Seagull bar in section 15 at N45 ° 04.154, W87 ° 34.536 ‵ , then along the north or east shoreline of Seagull bar to the Red Arrow park public boat landing located in section 9 at N45 ° 05.233 ‵ , W87 ° 35.225 ‵ , all in township 30 north, range 24 east, Marinette county.

7. That portion of southern Green Bay lying south and west of a line beginning at the southern side of the base of Long Tail point in section 24, township 25 north, range 20 east at N44 ° 37.558 ‵ , W88 ° 00.575 ‵ , and following the south or west shore of Long Tail point to its southernmost point at N44 ° 35.126 ‵ , W87 ° 58.908 ‵ , then easterly to where the navigation channel intersects latitude 44º 35 ‵ N, then southwesterly along the west side of the navigational channel, as marked, for 3.5 statute miles to the Wisconsin public service Pulliam plant outlet at N44 ° 32.363 ‵ , W88 ° 00.395 ‵ on the west bank of the Fox river in section 19, township 24 north, range 21 east, all in Brown county.

8. That portion of southern Green Bay lying south or east of a line beginning at the mouth of Renard creek located in SW 1/4 NW 1/4, section 21, township 26 north, range 23 east at N44 ° 42.837 ‵ , W87 ° 43.251 ‵ , Door county, and running southwesterly to the east end of the concrete sea wall located at the end of Point Comfort road in SW 1/4 SE 1/4, section 20, township 25 north, range 22 east, Brown county at N44 ° 37.180 ‵ , W87 ° 51.307 ‵ .

9. Fox river including all connected sloughs, bayous, and tributaries from the DePere dam downstream to its mouth lying south of a line beginning at the Wisconsin public service Pulliam plant and running easterly across the Fox river to the outlet of the Green Bay metropolitan sewerage district plant outfall, all in Brown county.

(b) No commercial fishing gear of any kind except entrapping nets authorized by permit issued under sub. (4) for the taking of rough or detrimental fish, perch, whitefish or menominee may be used, set, placed or operated in the waters of Lake Michigan lying south of a line extending from the mid-channel marker buoy of Baileys Harbor on a 135 ° bearing, and north of a line extending east from the entrance of Kewaunee harbo r at N44 ° 27.459 ‵ , W87 ° 29.522 ‵ to its intersection with a line that follows the 45 fathom (270 feet) depth contour, then proceeding north along that 45 fathom (270 feet) depth contour to its intersection with 44 ° 32 ‵ north latitude, then proceeding east along 44 ° 32 ‵ north latitude to the Wisconsin-Michigan state line, except as provided under pars. (c) , (d) , (f) and (g) .

(c) No commercial fishing gear of any kind may be used, set, placed or operated in all waters bounded by a line beginning at the outer end of the north pier at Algoma at N44 ° 36.405 ‵ , W87 ° 25.769 ‵ and proceeding along the north side of that pier to the shore of Lake Michigan, then proceeding north along the shore to its intersection with 44 ° 52 ‵ 30 ‶ north latitude, then proceeding east along 44 ° 52 ‵ 30 ‶ north latitude to its intersection with a line extending from the mid-channel marker buoy of Baileys Harbor on a 135 ° bearing, then proceeding on a line bearing 135 ° to its intersection with the Wisconsin-Michigan state line, then proceeding south along the Wisconsin-Michigan state line to its intersection with a line extending east from the outer end of the north pier at Algoma at N44 ° 36.405 ‵ , W87 ° 25.769 ‵ , then proceeding west along that line to the point of beginning.

(d) Gill nets not to exceed 18 meshes deep only for yellow perch and menominees authorized by permit under sub. (4) may be used in waters of Lake Michigan lying between a line extending east along 44 ° 55 ‵ 50 ‶ north latitude from the Lake Michigan shoreline and a line extending from the mid-channel marker buoy to Baileys Harbor on a 135 ° bearing.

(f) No commercial fishing gear of any kind except pound nets authorized by permit under sub. (4) for the taking of whitefish and rough or detrimental species may be used, set, placed or operated in the waters of Lake Michigan in depths less than 45 fathoms (270 feet) deep in the area between a line extending east from the end of the north pier at Algoma at N44 ° 36.415 ‵ , W87 ° 25.760 ‵ and a line extending east from the entrance of Kewaunee harbor at N44 ° 27.450 ‵ , W87 ° 29.500 ‵ .

(g) Except as provided under par. (a) 2. , no commercial fishing gear of any kind may be used, set, placed or operated in any waters within one-half mile of any harbor, pier or breakwater in Green Bay or Lake Michigan.

(h) No commercial fishing gear of any kind may be used, set, placed or operated in any waters within one-half mile of the shoreline of Kenosha, Milwaukee, Ozaukee or Racine county.

(i) No commercial fishing gear of any kind may be used, set, placed or operated in all waters bounded by a line beginning at a point where 43 degrees 7 minutes north latitude and 87 degrees 40 minutes west longitude intersect, northerly to 43 degrees 20 minutes north latitude, easterly to 87 degrees 20 minutes west longitude, northerly to 43 degrees 30 minutes north latitude, easterly to the Wisconsin-Michigan state line, southerly along the Wisconsin-Michigan state line to 43 degrees north latitude, westerly to 87 degrees 14 minutes west longitude, northerly to 43 degrees 3 minutes north latitude, westerly to 87 degrees 18 minutes, southerly to 43 degrees north latitude, westerly to 87 degrees 23 minutes west longitude, northwesterly to 43 degrees 7 minutes north latitude, and westerly to 87 degrees 40 minutes west longitude.

(3)   Fish refuges-outlying waters. No commercial fishing gear of any kind may be used, set, placed or operated at any time in or on those water areas in Lake Superior, Lake Michigan and Green Bay as described in Ch. NR 26 .

(4)   Restricted area permits. Permits allowing commercial fishing in restricted areas as described in subs. (1) and (2) , or as required in s. NR 25.09 will be issued as follows:

(a) Application criteria and procedure.

1. Applicants shall be licensed commercial fishers, or have contracts for the harvest of rough fish from outlying waters issued under s. 29.417 or 29.421 , Stats.

2. Applications shall be made on forms provided by the department, at least one week prior to commencing fishing operations, unless otherwise authorized.

3. A permit shall be issued to an applicant meeting the criteria in this paragraph, unless the department denies the application under par. (b) in writing, within 6 business days of receipt of the application.

4. Permits shall be reapplied for at least once each license year. The permit period may not extend beyond the end of the license year.

(b) Denial, revocation or temporary suspension of permits.

1. The department may deny, revoke, or temporarily suspend a permit applied for or issued under this subsection in whole or in part, as resource management requires, if one or more of the following conditions exists or are likely to occur:

a. Damage to fish habitat.

b. Excessive incidental catch of illegal fish, as defined in s. NR 25.09 (5) .

c. Spawning concentrations of illegal fish.

d. Concentrations of recently stocked fish.

e. Concentrations of immature fish.

f. Presence of protected or endangered plants or animals as listed in ch. NR 27 .

g. Mortality of illegal fish resulting from capture in commercial fishing gear greater than or likely to be greater than 10% of the weight or number of the legal catch.

2. The department shall give notice of a denial, suspension, or revocation pursuant to provisions of s. 227.51 (3) , Stats. Any telephonic notice of suspension shall be promptly confirmed in writing.

3. Any suspension exceeding 7 days shall be reviewed and approved by the department's district director, or their designee, within the first 6 business days of the suspension period. Any revocation, or suspension in excess of 25 days, shall be reviewed by the office of the secretary, or its designee, with opportunity for the permittee to be heard. The revocation or suspension shall be reviewed within 10 business days of receipt of the permittee's request for opportunity to be heard. A permittee is not required to request to be heard by the office of the secretary prior to seeking judicial review.

4. A denial, suspension, or revocation of a permit under this paragraph shall not bar an otherwise qualified applicant from applying for permits for other locations.

History: Cr. Register, September, 1976, No. 249 , eff. 10-1-76; renum. from NR 25.12, Register, October, 1979, No. 286 , eff. 11-1-79; r. and recr. Register, June, 1984, No. 342 , eff. 7-1-84; renum. from NR 25.09 and am. (4) (intro.) and (5) (b) 1.b., Register, January, 1985, No. 349 , eff. 2-1-85; emerg. am. (1) (b) 1. and 3., eff. 4-22-86; am. (1) (b) 1. and 3., Register, October, 1986, No. 370 , eff. 11-1-86; am. (2) (a) 2. and (b), r. (2) (a) 3., renum. (2) (a) 4. to 10. to be 3. to 9., r. and recr. (2) (c), cr. (2) (d) to (h) and (4) (b) 1.g., Register, June, 1989, No. 402 , eff. 7-1-89; am (1) (b) 4. and 6., r. (1) (b) 7., cr. (1) (b) 9. and (c), Register, June, 1997, No. 1997 , No. 498, eff. 7-1-97; cr. (2) (i), Register, December, 1998, No. 516 , eff. 4-1-99; CR 01-115 : am. (2) (b), r. (2) (e), Register February 2002 No. 554 , eff. 3-1-02; CR 05-115 : am. (1) (b) 9. Register July 2006 No. 607 , eff. 8-1-06; CR 08-060 : am. (1) (b) 3., 8., (c), (2) (a) 6. to 8., (b), (c) and (f) Register June 2009 No. 642 , eff. 7-1-09; CR 13-082 : am. (1) (c) Register May 2014 No. 701 , eff. 6-1-14; CR 15-023 : am. (1) (b) 1., 3., 8., (3) Register December 2015 No. 720 , eff. 1-1-16.

Note

All latitude and longitude coordinates are expressed in degrees and minutes. Microsoft Windows NT 6.1.7601 Service Pack 1 All latitude and longitude coordinates are expressed in degrees and minutes. Microsoft Windows NT 6.1.7601 Service Pack 1 All latitude and longitude coordinates are expressed in degrees and minutes. Microsoft Windows NT 6.1.7601 Service Pack 1 All latitude and longitude coordinates are expressed in degrees and minutes. Microsoft Windows NT 6.1.7601 Service Pack 1 All latitude and longitude coordinates are expressed in degrees and minutes. Microsoft Windows NT 6.1.7601 Service Pack 1 This closed area encompasses the elevated areas of the lake bed commonly known as the Sheboygan reef, the Northeast reef, the Milwaukee reef, and the East reef and can be further described as the northern third of grid 1903, the northeastern two thirds of grid 1904, all of grid 1905 except a rectangular area along its southern border, all of grids, 1705, 1803, 1804 and 1805, and those portions of grids 1706, 1806 and 1906 in Wisconsin waters as shown on the following map. Microsoft Windows NT 6.1.7601 Service Pack 1 - See PDF for diagram Microsoft Windows NT 6.1.7601 Service Pack 1 District directors are now known as regional directors. Microsoft Windows NT 6.1.7601 Service Pack 1