Section 25.04. Transfer of commercial fishing licenses.

  Any licensed commercial fisher may transfer their valid license authorizing commercial fishing in the outlying waters to another person who meets the criteria under s. NR 25.03 and s. 29.519 , Stats., for obtaining such a license, subject to the conditions stated in this section.

(1)  Application for license transfers shall be made on forms provided by the department.

(2)  A licensee may designate on the application for their license authorizing commercial fishing in the outlying waters a person to whom the licensee wishes that license 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 would have to 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 license. 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) If, under the criteria of s. 29.519 , Stats., and this chapter, a prospective transferee under this subsection is not eligible to receive a license at the time it is offered, but he or she could become eligible within 2 years, the department shall offer the license to the person. If the person accepts the license within 30 days of the offer, the person shall have 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 license 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 license 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.

(3)  Licenses may not be transferred if the licensee or the transferee is charged with a violation of outlying waters commercial fishing laws under which conviction could cause revocation or suspension of that license. This subsection shall apply from the issuance of the citation or complaint until the matter is adjudicated or dismissed.

(4)  Licenses may not be transferred to any person who currently has a license authorizing commercial fishing in the outlying waters under revocation or suspension.

(5)  License transfers shall be reviewed and approved or denied by the commercial fishing board of the body of water for which the license authorizes commercial fishing. Such review and approval or denial shall occur no later than the next regular quarterly meeting of the appropriate commercial fishing board.

(6)  This section does not apply to the transfer of a boat from one license to another as provided for under s. 29.519 (2) (e) , Stats.

(7)  In addition, a licensed commercial fisher may not transfer a license authorizing commercial fishing on Lake Michigan to another person unless the proposed transferee meets the eligibility requirements of s. NR 25.03 (2) (b) 1.

History: Cr. Register, September, 1976, No. 249 , eff. 10-1-76; r. and recr. Register, October, 1979, No. 286 , eff. 11-1-79; r. and recr. Register, June 1985, No. 354 , eff. 7-1-85; emerg. cr. (7), eff. 5-22-86; cr. (7), Register, December, 1986, No. 372 , eff. 1-1-87; am. (7) (intro.), Register, April, 1988, No. 388 , eff. 5-1-88; emerg. am. (7) (b), eff. 4-1-91; am. (7) (b), Register, August, 1991, No. 428 , eff. 9-1-91; r. and recr. (2) (b), Register, June, 1997, No. 498 , eff. 7-1-97; CR 08-060 : am. (6) and (7) Register June 2009 No. 642 , eff. 7-1-09.