Section 22.11. Commercial fishing.

  All commercial fishing in the Wisconsin-Iowa boundary waters shall be conducted in accordance with this chapter, all other applicable statutes and rules, including the following:

(1)  All game fish that are not commercial fish and all fish that are listed in ch. NR 27 as endangered or threatened species that are taken with any net, setline or other commercial gear shall be immediately returned to the water with as little injury as possible as soon as they appear in the operation. Seines may not be bagged in a manner that causes either game fish that are not commercial fish or fish that are listed in ch. NR 27 as endangered or threatened species to die while bagged in the net. The presence of dead game fish that are not commercial fish or dead fish that are listed in ch. NR 27 as endangered or threatened species in a seine bag shall be prima facie evidence of a violation of this subsection.

(2)  No person may conduct commercial fishing operations unless he or she has first obtained the appropriate license or licenses required under ss. 29.523 , 29.526 , 29.529 , and 29.533 , Stats. A commercial fisher shall carry each license with him or her at all times while engaged in any part of commercial fishing and shall exhibit the license to the department or its wardens on demand. Each commercial fishing licensee must be a resident of Wisconsin. Commercial fish helpers and crew members are not required to hold a license but a commercial fisher using helpers or crew members who do not hold a Wisconsin commercial fishing license shall submit to the department a list of all unlicensed helpers' or crew members' names and addresses along with the fisher's application for a license or before the helper or crew member begins to assist the licensee. Commercial fishers whose commercial fishing approvals or privileges have been revoked may not act as a helper or crew member for another licensee.

(2m)  No person may remove roe from a commercial fish while on the water, ice, bank or shore. Commercial fish shall remain intact until the fish reaches the final processing facility or place of business of the commercial fisher.

(3)  Measurements of mesh size is by stretch measure. Such measurements apply to net meshes when in use and no allowance will be made for the shrinkage due to any cause.

(4)  There are no bag limits for any commercial species other than expressly provided in this chapter.

(5)  There are no size limits for any commercial fish other than are expressly provided in this chapter.

(6)  Improperly placed or tagged commercial fishing gear is considered a public nuisance and will be seized and held by the department subject to order of the court.

(7)  Nets of any kind and setlines may not be set, lifted, hauled or operated in any manner between one hour after sunset and one hour before sunrise of the following day, except with prior permission from the department nor shall any net be used in drifting manner other than expressly provided in this chapter.

(8)  A licensed commercial fisher or any member of the crew or any person in or on a boat may not have in possession any game fish while operating licensed commercial gear or bank poles, or when traveling to or from the operation of such gear while on the waters or ice.

(9)  Commercial fishing gear not authorized for use in the Wisconsin-Iowa boundary waters by this chapter may not be in possession or under control while on those waters or ice of these waters.

(10)  All fishers licensed under the provisions of ss. 29.523 , 29.526 , 29.529 , and 29.533 , Stats., shall complete and submit monthly reports on forms available from the department. All reports shall be submitted by the 10th of the month following each month the commercial fisher is required to be licensed. Each monthly report shall be signed by the commercial fisher and shall include complete and accurate information on all fish sold or kept whether these fish were legally or illegally taken or obtained, the buyers name, address and phone number, and all other information requested on the report form.

(12)  Commercial fish taken by commercial gear under this chapter may be sold only by the licensed commercial fisher whose gear was used to take the fish. A commercial fisher may not sell fish taken under the authority of another fisher's license, unless he or she sells the other fisher's fish under the authority of a wholesale fish dealer's license.

(14)  Commercial gear may not be used or operated at any time within 900 feet below any U.S. army corps of engineers lock or dam on the Mississippi river.

(15)  The department or its agents may require any operator of any commercial fishing gear to cease the fishing operations when the department finds these operations are destructive to game fish or they will endanger any other species of wildlife.

(16)  The department by its agents, employees or wardens may in the absence of the licensee, at any time, raise any commercial fishing gear. Care will be taken to minimize damage to such gear.

(17)  The use or operation of all commercial gear except those authorized in this chapter is prohibited in the Wisconsin-Iowa boundary waters with the exception of such nets operated under contract with the department.

(18)  Except where otherwise expressly provided, turtles taken incidental to licensed commercial fishing operations may be possessed and sold.

(19)  No person may mark or tag a net or setline with his or her license number or metal tag if the net or setline is already marked or tagged by another licensed commercial fisher, except that up to two commercial fishers may each place one of their net tags on the same net and may lift or operate this net when it is agreed to by both commercial fishers. Only one net flag with one number may be displayed on a net at any time and only the commercial fisher whose flag is attached to the net may set, place, tend, operate or lift the net.

(20)  No person may set, place, tend or operate any net or setline that is marked or tagged with the license number or metal tag of another person, except for crew members acting under the direction of the commercial fishing licensee while the licensee is present, unless specifically authorized in advance by a conservation warden.

(21)  Each person required to hold a commercial fishing license shall be present at all times when any of his or her nets, setlines or other commercial gear are set, placed, tended or operated. The licensee does not need to be present when fish are removed from a bagged seine or crib while the licensee transports commercial fish on the water or ice or is tending to the loading of commercial fish at a boat landing.

(22)  All nets shall be equipped with a metal tag stamped to designate the number of the license issued to the commercial fisher using the net as described in s. 29.523 , Stats. Gill nets, setlines, and frame nets, that are left unattended shall have the metal tag attached next to a stake or buoy located on at least one end of the net so it will be visible above the surface of the water. If a stake is used, the stake shall extend at least three feet above the surface of the water and upon the upper end of the stake there shall be a white flag at least ten inches square. The flag shall be numbered with legible figures at least three inches in height corresponding with the number of the license authorizing the use of such net. A buoy may be placed in lieu of a stake and flag, providing the buoy or buoys are numbered with legible figures at least three inches in height corresponding with the number of the license authorizing the use of such nets. On gill nets set through the ice there shall be maintained on each end of the gang a board or similar material which is readily identifiable and which shall bear the license number authorizing the use of the net.

(23)  No person required to hold a license under s. 29.523 , 29.526 or 29.529 , Stats., may join his or her net to that of any other person.

(24)  No person may use bait in any commercial net except bait nets, buffalo nets and slat nets.

(25)  No person may hobble, double or overlay the webbing of any net upon itself, or make other net modifications that alter the functioning of a net that would otherwise be lawful.

Cr. Register, March, 1982, No. 315 , eff. 4-1-82; r. (11), Register, May, 1996, No. 485 , eff. 6-1-96; corrections in (2) and (10) were made under s. 13.93 (2m) (b) 7., Stats., Register November 2001 No. 551 ; CR 06-105 : cr. (2m), Register August 2007 No. 620 , eff. 9-1-07; CR 10-053 : am. (1, (2), (2m), (6) to (10), (12), (18), r. (13), cr. (19) to (25) Register December 2010 No. 660 , eff. 1-1-11.

Note

Names and addresses of fish helpers and crew members may be submitted with the fisher's application for a license to the Department of Natural Resources, Mississippi River License application — CS/1, P.O. Box 7924, Madison, WI 53707-7924 or along with a licensee's monthly catch report required by s. NR 22.11 (10) . Microsoft Windows NT 6.1.7601 Service Pack 1