Section 25.02. Definitions.

  Except as otherwise specifically defined in the statutes, the following terms, for the purposes of this chapter, are defined as follows:

(1)  "Allouez Bay" means that body of water in Douglas county lying south of a line commencing at the most northerly point in section 29, township 49 north, range 13 west, and running due east in a straight line to the water's edge on north line of section 28, same township and range.

(2)  "Baileys Harbor" means that body of water in Door county lying north of a line commencing at the most southerly point in section 21, township 30 north, range 28 east at N45 ° 03.303 ‵ , W87 ° 05.526 ‵ , and running in a straight line westerly to the south line of section 20, same township and range at N45 ° 03.294 ‵ , W87 ° 07.505 ‵ .

(3)  "Chunked" means fish from which the viscera, head and tail have been removed.

(4)  "Closed area" means any area designated as a refuge by rule or statute, or any area where fishing is restricted in any manner by rule.

(5)  "Closed season" means that period of the year not embraced within the open season for each species of fish therefor as provided in s. NR 25.05 (1) during which the taking of the fish species enumerated is prohibited.

(6)  "Commercial fish" is any species of game or rough fish for which an open season has been provided in s. NR 25.05 .

(7)  "Commercial fisher" means a person required to obtain a license under s. 29.519 (1m) , Stats.

(8)  "Commercial fishing" means fishing for fish regulated by this chapter with commercial gear or methods other than those commonly known as hook and line fishing or angling, the taking of smelt pursuant to s. NR 20.20 , or the taking of minnows.

(9)  "Commercial fishing gear" or "commercial gear" is that equipment identified in or regulated by this chapter, with the exception of hook and line or angling equipment, gear for the taking of smelt pursuant to s. NR 20.20 , or the taking of minnows.

(10)  "Commercial ice fishing" means the setting and operating of commercial fishing gear through and from the surface of the ice.

(11)  "Condition of the fish" means the form that fish are in, and includes but is not limited to fresh round, fresh dressed, frozen dressed, fresh fillet, frozen fillet, fresh chunked, frozen chunked, smoked dressed, smoked fillet, smoked chunked, fresh snipped or frozen snipped.

(12)  "Department" means the Wisconsin department of natural resources.

(13)  "Detroit Harbor" means that body of water in Door county lying north of a line commencing at the most southerly point in section 14, township 33 north, range 29 east at N45 ° 20.016 ‵ , W86 ° 56.451 ‵ , and running in a straight line to the most southerly point in section 18, township 33 north, range 30 east at N45 ° 20.054 ‵ , W86 ° 54.139 ‵ .

(14)  "Diverter" means a type of commercial fishing gear inside a trawl net before the cod end, used to sort fish by size, through which all fish caught must pass and which diverts larger fish out of the net.

(15)  "Domestic lake trout" means a lake trout taken from the waters of the state, but not from a fish farm registered with the department of agriculture, trade and consumer protection.

(16)  "Dressed fish" means fish from which only the viscera have been removed.

(17)  "Eagle Harbor" means that body of water in Door county south and east of a line drawn from the most northeast point in section 9, township 31 north, range 27 east at N45 ° 10.496 ‵ , W87 ° 13.340 ‵ , easterly to the water's edge on the north line of section 12, same township and range at N45 ° 11.140 ‵ , W87 ° 09.679 ‵ .

(18)  "Egg Harbor" means that body of water in Door county lying south of a line commencing at the most northeast point in section 26, township 30 north, range 26 east at N45 ° 03.245 ‵ , W87 ° 18.005 ‵ , and running in a straight line east to the north line of section 25, same township and range at N45 ° 03.265 ‵ , W87 ° 16.938 ‵ .

(18m)  "Electronic communication device" means a device with access to the internet or local networks capable of storing or replicating data on a hard drive, transmitting data over a network, displaying data on a screen, and recording data via an input apparatus.

(19)  "Electronic fish reporting system" means a system established or authorized by the department for reporting daily commercial fishing activity and other required information to the department by electronic means.

(20)  "Encircling nets" means purse seines as defined in sub. (52) , and seines as described in s. 29.522 (3) , Stats.

(21)  "End of the day" means 11:59 p.m. of the day the fish are landed.

(22)  "Entrapping nets" means trap nets as defined in sub. (65) , and entrapping nets as described in s. 29.522 (1) , Stats.

(23)  "Fillet" means the slab side of fish from which the viscera, head, tail and bones have been removed, except for the pin bones, which may or may not have been removed.

(24)  "Final consumer" means the last or ultimate person who obtains a fish for its final use for eating or otherwise.

(25)  "Final consumption" means the last or ultimate use of a fish by eating or otherwise.

(26)  "Fish" means any processed or unprocessed fish of those species which are found in the waters of the state as defined in s. 281.01 (18) , Stats., including parts of fish, fish eggs or fish products.

(27)  "Fish Creek" means that body of water in Door county lying south and east of a line commencing at the most northerly point in the southwest quarter of section 29, township 31 north, range 27 east at N45 ° 07.925 ‵ , W87 ° 14.926 ‵ , and running northeasterly in a straight line to the water's edge on the north line of that section, township and range at N45 ° 08.480 ‵ , W87 ° 14.505 ‵ .

(28)  "Fisher" means any person engaged in fishing.

(29)  "Fleet reporting program" means a program of catch assignment and reporting under s. NR 25.135 .

(30)  "Float plan" means a description of the day's proposed commercial fishing activity that includes the commercial fisher's name, commercial fishing license number or fleet reporting number, date and intended time of leaving the pier or shore for commercial fishing activity, targeted species, port of departure, intended port of return, intended time of return, and the type of commercial fishing gear involved.

(31)  "Foreign lake trout" means lake trout harvested outside of Wisconsin and imported into the state.

(32)  "Harvest limit", "harvest quota", "total allowable annual commercial harvest", or "the total allowable commercial harvest" means the total number of pounds of fish as established in this chapter which may be landed in a license year from the outlying waters or any portion thereof, except as otherwise prescribed in this chapter.

(33)  "High value species" means whitefish when a commercial fisher's whitefish individual catch quota is less than 13,656 pounds and yellow perch.

(34)  "Illegal fish" means any fish taken, possessed or controlled in violation of this chapter or a statute, including fish that have not been reported or for which a record has not been created as required.

(35)  "Immediate family" means the spouse, children by birth or adoption, parents or siblings.

(36)  "Import" includes the transport of fish by a common carrier or out-of-state fish dealer or producer into the state, or at the request of a licensed wholesale fish dealer, but does not include fish being transported through the state to a destination in another state.

(37)  "Incapacity" means the inability to communicate in any manner, hospitalization with a terminal illness or terminal injuries as certified by a licensed physician, or an adjudication of incompetency as defined in s. 54.10 (3) , Stats.

(38)  "Jackson Harbor" means that body of water in Door county lying south and west of a line commencing at the most northerly point in section 27, township 34 north, range 30 east at N45 ° 24.061 ‵ , W86 ° 50.876 ‵ , and running in a straight line northwesterly to the most easterly point in the northeast quarter of section 28, same township and range at N45 ° 24.226 ‵ , W86 ° 51.141 ‵ .

(39)  "License year" means that period from July 1 through June 30 of the succeeding year until June 30, 2010, after which "license year" means the period of July 1, 2010 through December 31, 2011. Beginning January 1, 2012, "license year" means the period of January 1 through December 31.

(40)  "Licensed commercial fisher" means a person currently licensed under s. 29.519 (1m) (a) , Stats.

(41)  "Little Sturgeon Bay" means that body of water in Door county lying south of a line commencing at the most northeast point in section 35, township 28 north, range 24 east at N44 ° 51.098 ‵ , W87 ° 33.022 ‵ , and running in a northeasterly direction to the most northerly point in section 36, same township and range at N44 ° 51.486 ‵ , W87 ° 31.900 ‵ .

(42)  "Lost net" means a commercial fishing net that cannot be located by the commercial fisher within 24 hours after the net was required to be lifted or a commercial fishing net that is missing or was stolen, regardless of the net's last known location.

(43)  "Moonlight Bay" means that body of water in Door county lying north and west of a line commencing at the most northeast point in section 15, township 30 north, range 28 east at N45 ° 04.403 ‵ , W87 ° 04.823 ‵ , and running in a straight line northeasterly to the most southerly point in section 14, same township and range at N45 ° 04.706 ‵ , W87 ° 03.909 ‵ .

(44)  "Non-work days" for a commercial fisher licensed under s. 29.519 (1m) , Stats., means Sundays, January 1 (New Year's Day), third Monday in January (Martin Luther King Jr.'s birthday), Good Friday, last Monday in May (Memorial Day), July 4 th (Independence Day), first Monday in September (Labor Day), fourth Thursday in November (Thanksgiving Day), December 24 th (Christmas Eve), December 25 th (Christmas Day) and December 31 st (New Year's Eve).

(45)  "North Bay" means that body of water in Door county lying north of a line commencing at the most northeast point in section 35, township 31 north, range 28 east at N45 ° 07.492 ‵ , W87 ° 03.455 ‵ , and running in a straight line to the west line of section 25, same township and range at N45 ° 08.200 ‵ , W87 ° 03.017 ‵ .

(46)  "Northern and southern Green Bay line" means that line described as a line in Green Bay drawn from the most northerly point of Friedmann's point at Fish creek at N45 ° 07.925 ‵ , W87 ° 14.926 ‵ , located in the southwest quarter of section 29, township 31 north, range 27 east, Door county; thence northwesterly to the most southeasterly point of Chambers island at N45 ° 09.505 ‵ , W87 ° 19.714 ‵ ; thence along the southwest shoreline to the most southwesterly point of Chambers island at N45 ° 10.680 ‵ , W87 ° 22.608 ‵ ; thence due west to the Wisconsin-Michigan boundary line at N45 ° 10.680 ‵ , W87 ° 24.775 ‵ .

(47)  "Northern chub fishing zone" means those waters of Lake Michigan lying north of a line extending from the mid-channel marker buoy of Baileys Harbor on a 135º bearing, and east of a line from the point where the line extending on a 135º bearing from the mid-channel marker buoy of Baileys Harbor intersects the 35 fathom contour , to the easternmost point of Rock Island at N45 ° 24.454 ‵ , W86 ° 48.313 ‵ , then following the northeast shore of Rock Island to the northernmost point of Rock Island at N45 ° 25.709 ‵ , W86 ° 49.691 ‵ , then proceeding north to the Wisconsin-Michigan state line at N45 ° 26.648 ‵ , W86 ° 49.691 ‵ .

(48)  "Northern Green Bay" means those waters of Green Bay lying north of the northern and southern Green Bay line.

(49)  "Northern Green Bay-Lake Michigan line" means that line commencing at the northwest side of the Northport dock where it joins the shoreline in section 29, township 33 north, range 29 east at N45 ° 17.443 ‵ , W86 ° 58.647 ‵ ; thence in a northeasterly direction to the range light (signal light) on Plum island at N45 ° 18.225 ‵ , W86 ° 57.298 ‵ ; thence along the north and west shore of Plum island to the U.S. coast guard station at N45 ° 18.782 ‵ , W86 ° 56.877 ‵ ; thence northerly to the southwesterly point of Shellswick dock at N45 ° 20.016 ‵ , W86 ° 56.451 ‵ , which is located on Lodbell's point on Washington island; thence along this dock to the shoreline of Lodbell's point; thence along the west shore of Washington island to Boyer's Bluff light at N45 ° 25.211 ‵ , W86 ° 56.189 ‵ ; thence due north to the Michigan-Wisconsin boundary line at N45 ° 26.648 ‵ , W86 ° 56.362 ‵ .

(51)  "Pounds" means the avoirdupois weight in pounds of fish in the round with head, gills and viscera intact, except with respect to chubs sorted for human consumption, menominee and whitefish, where it means the avoirdupois weight in pounds of dressed fish.

(52)  "Purse seine" means a net which consists of a wall or modified wall of net which is used to encircle fish. The top of the net is fitted with floats while the bottom is weighted. A line threaded through rings under the net allows fishers to close the bottom of the net, thus trapping fish in the enclosure so produced.

(53)  "Record" has the meaning given it in s. 29.503 (1) (cm) , Stats.

(54)  "Riley's Bay" means that body of water in Door county lying south of a line commencing at the most northerly point in section 36, township 28 north, range 24 east at N44 ° 51.486 ‵ , W87 ° 31.900 ‵ , and running in a northeasterly direction to the most northerly point in section 30, township 28 north, range 25 east at N44 ° 52.369 ‵ , W87 ° 31.007 ‵ .

(55)  "Rowley's Bay" means that body of water in Door county lying north of a line commencing at the water's edge on south line of section 25, township 32 north, range 28 east at N45 ° 12.535 ‵ , W87 ° 01.954 ‵ and running southeasterly to the most southerly point in section 32, township 32 north, range 29 east at N45 ° 12.695 ‵ , W87 ° 00.158 ‵ .

(56)  "Snipped" means headless with viscera partially removed.

(57)  "Southern chub fishing zone" means those waters of Lake Michigan lying south of a line extending east from the entrance of Kewaunee harbor at N44 ° 27.459 ‵ , W87 ° 29.522 ‵ to its intersection with the 45 fathom (270 feet) depth contour , then proceeding northerly along the 45 fathom depth contour to its intersection with a line extending east from the entrance of Algoma harbor at N44 ° 36.397 ‵ , W87 ° 25.792 ‵ , then proceeding east along a line from the entrance of Algoma harbor at N44 ° 36.397 ‵ , W87 ° 25.792 ‵ to its intersection with the Wisconsin-Michigan state line at N44 ° 36.397 ‵ , W86 ° 48.390 ‵ .

(58)  "Southern Green Bay" means those waters of Green Bay lying south of the northern and southern Green Bay line, including the Fox river as far as the dam at DePere, and westerly of the Southern Green Bay — Lake Michigan line.

(59)  "Southern Green Bay — Lake Michigan line" means that line commencing at a point on the southwest shore of the Sturgeon Bay ship canal directly beneath the center of the Wisconsin public service company power line and extending in a northeasterly direction directly beneath and parallel to the center of the power line to a point on the northeast shore of the ship canal, all located in NE1/4 NW1/4, section 22, township 27 north, range 26 east, Door county.

(60)  "St. Louis Bay" means that body of water in Douglas county lying between a line commencing at the most northerly point of section 10, township 49 north, range 14 west, running due north to the Minnesota boundary, and the north line of sections 20 and 21, running due west to the Minnesota boundary.

(61)  "Standard fish box" means any container with outer dimensions no greater than 18 inches in width, 32 inches in length and 12 inches in depth used or designed for holding fish.

(62)  "Stretch measure" means the extension measure of net mesh size whenever the size of mesh of a net is specified. Stretch measure means the distance between the extreme angles of any single mesh.

(63)  "Sturgeon Bay" means that body of water in Door county lying south and east of a line commencing at the most northerly point of section 23, township 28 north, range 25 east at N44 ° 53.582 ‵ , W87 ° 26.043 ‵ , and running in a northeasterly direction to the water's edge on north line of section 13, same township and range at N44 ° 54.451 ‵ , W87 ° 24.390 ‵ .

(64)  "Superior Bay" means that body of water in Douglas county lying south and east between Minnesota point and the main land of Douglas county extending from a line drawn from the most southerly point in section 20, township 49 north, range 13 west, to the most northerly point in section 29, same township and range.

(65)  "Trap net" means a device constructed of netting, which may employ wings or wings and leads, directing the movement of fish through a tunnel of netting into inner hearts or built-in forebays wherein they are trapped by their own movement. Such nets may be referred to as shallow trap nets, submarine trap nets or deep water trap nets but shall not include drop nets or fyke nets.

(66)  "Trawl" means a large conical bag of netting to which are often attached wings of netting, which is towed in the water and captures fish by scooping rather than encircling them. The mouth of the bag is normally kept open laterally by 2 large boards, one on each side so rigged that they serve to spread the entire net, and these boards are secured to towing lines running to the vessel or vessels engaged in towing the net through the water.

(67)  "Treaty fisher" means an enrolled tribal member of either the Bad River or Red Cliff bands of Chippewa Indians exercising off-reservation commercial fishing rights in Lake Superior recognized by State v. Gurnoe , 53 Wis. 2d 390 (1972).

(68)  "Washington Harbor" means that body of water in Door county lying south of a line commencing at the water's edge on the north line of section 25, township 34 north, range 29 east at N45 ° 24.344 ‵ , W86 ° 55.714 ‵ , and running in a straight line easterly to the water's edge on the north line of section 25, same township and range at N45 ° 24.357 ‵ , W86 ° 55.014 ‵ .

(69)  "West Harbor" means that body of water in Door county and adjoining water in sections 2, 10 and 11, township 33 north, range 29 east, lying east of a line starting at the most northwesterly point of land in section 10 of township 33 north, range 29 east at N45 ° 21.511 ‵ , W86 ° 57.224 ‵ , and running in a northerly direction to the most northwesterly point of land in section 2, township 33 north, range 29 east at N45 ° 22.453 ‵ , W86 ° 57.077 ‵ .

(70)  "Zone 1" means all waters in southern Green Bay.

(71)  "Zone 2" means all waters in northern Green Bay and all Lake Michigan waters north of a line running due east from the eastern shore of Door county along 44 ° 40 ‵ north latitude to the Wisconsin-Michigan state boundary at N44 ° 40.000 ‵ , W86 ° 46.820 ‵ .

(72)  "Zone 3" means all waters of Lake Michigan south of a line running due east from the eastern shore of Door county along 44º 40 ‵ north latitude to the Wisconsin-Michigan state boundary at N44 ° 40.000 ‵ , W86 ° 46.820 ‵ .

History: Cr. Register, September, 1976, No. 249 , eff. 10-1-76; r. and recr. Register, October, 1979, No. 286 , eff. 11-1-79; renum. (6) to (18) to be (7) to (19), (19) to (21) to be (22) to (24), (22) to be (21), cr. (6) and (20), Register, April, 1983, No. 328 , eff. 5-1-83; renum. (8) to (14) to be (10) to (16), (15) to be (18), (16) to (18) to be (20) to (22), (19) to (24) to be (24) to (29), cr. (8), (9), (17), (19) and (23), Register, April, 1983, No. 328 , eff. 5-1-83; renum. (16) to (29) to be (17) to (30), cr. (16), Register, June, 1985, No. 354 , eff. 7-1-85; am. (20), Register, August, 1985, No. 356 , eff. 9-1-85; renum. (16) to (30) to be (15) to (31) and cr. (16), Register, February, 1986, No. 362 , eff. 3-1-86; emerg. cr. (32), eff. 4-22-86; emerg. cr. (23f), (23l), (23r), (23x), (27f), (27l), (27r), and (27k), eff. 5-5-86; cr. (12m), (12t), (16m), (23m) and (32), Register, October, 1986, No. 370 , eff. 11-1-86; cr. (28m), Register, December, 1986, No. 372 , eff. 1-1-87; cr. (7g), (7n), (23g), (33) to (35), am. (14), (21) and (25), Register, June, 1989, No. 402 , eff. 7-1-89; emerg. r. (12m) and (28m), eff. 4-1-91; r. (12m) and (28m), Register, August, 1991, No. 428 , eff. 9-1-91; am. (21), Register, April, 1997, No. 496 , eff. 5-1-97; am. (25), Register, December, 1998, No. 516 , eff. 1-1-99; am. (25), Register, December, 2000, No. 540 , eff. 1-1-01; correction in (19) made under s. 13.93 (2m) (b) 7., Stats., Register July 2006 No. 607 ; reprinted to correct error in (35) Register February 2007 No. 614 ; correction in (16) made under s. 13.93 (2m) (b) 7., Stats., Register February 2007 No. 614 ; CR 08-060 : am. Register June 2009 No. 642 , eff. 7-1-09; correction in (44) made under s. 13.92 (4) (b) 7., Stats., Register June 2009 No. 642 ; CR 09-016 : am. (39) Register January 2010 No. 649 , eff. 2-1-10; CR 13-001 : am. (8), (9), (46) Register August 2013 No. 692 , eff. 9-1-13; CR 15-074 : cr. (18m), r. (50) Register May 2016 No. 725 , eff. 6-1-16.

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 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 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 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 Note: See the table of Appellate Court Citations for Wisconsin appellate cases citing s. NR 25.02 . Microsoft Windows NT 6.1.7601 Service Pack 1