Section 25.13. Commercial fishing reports.

 

(1)   Paper reporting. Except as provided under sub. (2) , each person required to be licensed under s. 29.519 (1m) , Stats., to conduct commercial fishing operations on Lake Michigan or Lake Superior or fishing as an eligible member of the Red Cliff or Bad River Bands of Lake Superior Chippewa shall submit a biweekly fishing report to the department that includes all records of pounds of fish harvest, harvest effort, and all other information called for on the report form. All fishing activities for the preceding biweekly calendar period shall be reported in writing in the English language on forms provided for this purpose by the department and include such information as may be deemed necessary by the department for management of the fishery and to prevent depletion of the fish supply.

(a) The biweekly report shall be mailed or delivered to the department at the address provided on the form no later than the Tuesday following the biweekly reporting period. All biweekly commercial fishing reports shall be signed by the commercial fishing licensee under whose license the fish were taken.

(b) Unless otherwise authorized in writing by the department, biweekly fishing reports shall be submitted regardless of whether the person fished during the period of time covered by the report. All department copies of biweekly report forms issued to a person for the license year and not previously submitted by the person shall be returned to the department by the final reporting deadline for that license year.

(c) Each person required to be licensed under s. 29.519 (1m) , Stats., to conduct commercial fishing operations on Lake Michigan or Green Bay, or a member of the licensee's crew if the licensee is not present, shall carry the biweekly fishing report forms while fishing. The information pertaining to the licensee's name, address, license number or fleet reporting number, date, name and number of the boat fished from, fishing location and depth, fishing effort, gear used, and estimated pounds of each fish species caught for each fishing trip shall be recorded on the biweekly fishing report forms immediately after completing all net lifts for each trip and before starting to bring the catch to dock or shore. The report shall accompany the fish caught to dock or shore. After a trip's information has been recorded, the report may not be transported for the rest of the day in such a way that it can be altered except to record information pertaining to additional fishing trips taken that day.

(2)   Electronic reporting. A person required to be licensed under s. 29.519 (1m) , Stats., to conduct commercial fishing operations on Lake Michigan, Green Bay, or Lake Superior, in lieu of the requirements under sub. (1) , may elect to submit a daily fishing report to the department that includes all records of pounds of fish harvest, harvest effort, and all other information called for on the report form by means of the electronic fish reporting system. All fishing activities for the day, including the estimated pounds of each fish species caught required pursuant to par. (f) and the weighed catch by species, shall be reported before 11:59 p.m. of each day during which the licensee engages in on-water fishing activity. Reports shall be submitted in the English language on electronic forms provided for this purpose by the department and include such information as may be deemed necessary by the department for management of the fishery and to prevent depletion of the fish supply. The daily report shall be submitted using an electronic communication device operated by the licensee or a licensee's crew member.

(a) At the request of the licensee, the department shall issue login credentials to the licensee and to any licensee crew member in order to access the electronic fish reporting system and submit reports. Unique login credentials shall be assigned to each person for whom login credentials are requested. A person shall only enter or submit a record into the electronic fish reporting system using their own department issued login credentials.

(b) Reports submitted using the electronic fish reporting system are considered approved by the licensee upon submittal.

(c) If the electronic communication device malfunctions or is unable to connect to the electronic fish reporting system, the licensee or a licensee's crew member shall immediately notify the department by calling a designated phone number or by submitting an email message to a designated email address. The licensee or licensee's crew member shall complete a paper copy of the biweekly report for that day before 11:59 p.m. the same day. Upon reestablishing the functionality of the electronic communication device or reestablishing connection with the electronic fish reporting system, the licensee or licensee's crew member shall enter the daily fishing activity information and submit it electronically to the department. The paper copy of the biweekly report shall be retained as part of the licensee's records required under s. 29.519 (5) (dm) , Stats.

(d) For each preceding biweekly calendar period, the licensee shall print and sign a biweekly report generated by the electronic fish reporting system and retain that report as part of the licensee's records required under s. 29.519 (5) (dm) , Stats. Unless otherwise authorized in writing by the department, paper biweekly fishing reports shall be printed, signed, and retained by the licensee regardless of whether the person fished during the period of time covered by the report.

(e) Except for reporting trawl fish harvest pursuant to par. (g) , when the landed catch cannot be weighed by the end of the day, the licensee or crew member shall call a department designated telephone number or submit an email message to a department designated email address before 11:59 p.m. that day and notify the department of the licensee's name, commercial fishing license number or fleet reporting number, species of fish, and estimated pounds of each species and that the landed catch cannot be weighed and reported until the next day. The licensee or crew member shall then weigh the landed catch the next day and report the weight by fish species and other information required by the department on the form of the electronic fish reporting system before 11:59 pm of that day.

(f) Each person required to be licensed under s. 29.519 (1m) , Stats., to conduct commercial fishing operations on Lake Michigan or Green Bay, or a member of the licensee's crew, who elects to submit a daily fishing report by means of the electronic fish reporting system shall submit a report of the fishing activity that also includes estimated pounds of each fish species caught during each fishing trip on Lake Michigan or Green Bay.

1. For each fishing trip on Lake Michigan or Green Bay, the licensee or crew member shall carry an electronic communication device and, after completing the last net lift but before starting for shore, shall login to the electronic fish reporting system and submit the date, licensee's name, commercial fishing license number or fleet reporting number, boat name, zone of fishing, the estimated pounds of each fish species caught by zone, and any other information requested on the electronic fish reporting system for each fishing trip.

2. If the electronic communication device fails or is unable to connect to the electronic fish reporting system, the licensee or crew member shall complete a paper estimated catch report available from the department upon the completion of the last lift but before starting for shore for each fishing trip. The estimated catch report shall accompany the fish caught to dock or shore. After each trip's information has been recorded, the report may not be transported for the rest of the day in such a way that it can be altered except to record information pertaining to additional fishing trips taken that day.

3. The electronic communication device or paper copy of the estimated catch report shall accompany the fish to dock or shore and shall be immediately produced for inspection and verification of the entered record upon the request of a department representative. The paper copy of the estimated catch report shall be retained as part of the licensee's records required under s. 29.519 (5) (dm) , Stats.

(g) When fishing with trawls in Lake Michigan or Green Bay, the following electronic reporting requirements also apply:

1. After the last lift of the trip and prior to returning to dock or port, a licensee or crew member fishing by trawl shall record the estimated pounds of each fish species harvested by zone as provided under par. (f) .

2. Before 11:59 p.m. each day, the licensee or a crew member fishing by trawl on the waters of Green Bay shall report to the department the landed pounds of smelt and pounds of incidental catch.

3. A licensee or crew member fishing by trawl on the waters of Lake Michigan other than Green Bay, within 24 hours of landing the catch on all days except non-work days and days immediately preceding non-work days, shall electronically report to the department the landed pounds of chubs and roe intended for human consumption, pounds of smelt, and pounds of incidental catch. When trawl caught fish are landed on days that immediately precede non-work days and on non-work days, the commercial fisher or crew member shall report the landed catch within 48 hours of the estimated catch entry.

(h) Unless otherwise authorized in writing by the department, no licensee, crew member, agent, wholesale fish dealer, or other person may transport, cause to be transported, deliver, receive, or offer to deliver or receive for transportation to a location outside of Wisconsin, any fish or fish parts taken from outlying waters unless the fish have been reported as part of a weighed catch as required under this section.

(6)   Fish intended for human consumption. The weight in pounds of any fish that in whole or in part is ultimately used for or intended for human consumption shall be reported as part of the commercial fisher's individual catch quota harvest or chub zone permit harvest by the commercial fisher who caught it.

(7)   Disposition records. Each commercial fisher shall maintain a printed disposition record in the English language of all fish harvested by the commercial fisher as required by s. 29.519 (5) (a) and (c) , Stats., that includes all of the following:

(a) The complete name, address and commercial fishing license number of the commercial fisher.

(b) For each wholesale sale, each retail sale over 15 pounds and each donation over 15 pounds: the complete name, address and wholesale fish dealer license number, if any, of the buyer or recipient; the weight in pounds of each species of fish; condition of the fish and the date of each sale or donation.

(c) For each retail sale of 15 pounds or less and donation of 15 pounds or less, the condition of the fish, weight in pounds of each species of fish and the date of each sale or donation.

(d) For fish spoiled or otherwise destroyed or utilized, the condition of the fish, weight in pounds of each species of fish and the date of disposal or utilization.

(8)   Unrecorded or unreported fish. No person may possess, control, transport or cause to be transported any fish which has not been recorded or reported as required under ss. 29.503 and 29.519 , Stats., and this chapter.

(9)   Annual inventory.

(a) Each commercial fisher required to be licensed under s. 29.519 (1m) , Stats., shall complete an annual inventory of fish in possession, ownership or under control, including fish in cold storage facilities, and report that inventory to the department within 15 days of completion as required under s. 29.519 (5m) , Stats. The inventory report shall be on forms available from the department and shall include the species, condition and weight in pounds of fish, the location of the fish by street address, date of the inventory, the commercial fishing license number or fleet reporting number, signature of the licensee and any other information required on the inventory report form.

(b) Each commercial fisher shall complete the inventory required by par. (a) and submit the inventory report to the department. The commercial fisher shall designate the month and day in which annual inventory reports will be submitted. The licensee shall thereafter complete the annual inventory within 10 working days preceding that designated month and day.

(c) Within 30 days after the transfer of a commercial fishing license, the transferee shall complete an inventory of fish and submit an inventory report as required under par. (a) . At the time the inventory report is submitted, the transferee shall designate and advise the department of the month and day on which the transferee will subsequently submit the annual inventory report. The transferee shall thereafter complete the annual inventory within 10 working days preceding that designated month and day.

(d) Upon written request to the department, a licensed commercial fisher may request a change in the date of the designated annual inventory report submittal. The effective date for the change may not be more than 15 months from the previous designated inventory report submittal date. A change in the annual inventory report submittal date may not be requested more than once per 12 months.

(e) A commercial fisher who does not possess, own or control any Great Lakes fish or sturgeon on the date of the annual inventory shall submit the inventory report to the department as required by pars. (a) and (b) indicating that the commercial fisher does not have any Great Lakes fish or sturgeon in possession, ownership or under control, including in cold storage facilities on the date of the inventory.

(10)   High value species. In addition to the reporting requirements contained in subs. (1) and (2) , when fishing for a high value species, each commercial fisher or designated crew member shall file a float plan each day prior to the start of the day's fishing activity by calling a department designated telephone number.

(11)   Enhanced reporting. In addition to the reporting requirements contained in subs. (1) and (2) , any person convicted of 2 or more violations of s. 29.503 or 29.519 , Stats., or this chapter is subject to the enhanced reporting requirements of this section in addition to any court-ordered penalties, at the following levels:

(a) For conviction of harvesting more than 1,000 pounds of fish in excess of the person's annual quota, failing to report more than 2,000 pounds of catch during a 12-month period, fishing during the closed season, or possessing 200 pounds or more of fish in violation of ch. 29 , Stats. , or this chapter, the commercial fisher or designated crew member shall file a float plan each day prior to the start of the day's fishing activity by calling a department designated telephone number.

(b) For 3 or more violations of s. 29.503 or 29.519 , Stats., or this chapter within a 36-month period, the commercial fisher or designated crew member shall file a float plan each day prior to the start of the day's fishing activity by calling a department designated telephone number.

(c) For more than 5 violations of s. 29.503 or 29.519 , Stats., or this chapter within a 36-month period or 3 or more violations of s. 29.503 or 29.519 , Stats., or this chapter within a 12-month period, in addition to the requirements of par. (b) , upon returning to the dock, the commercial fisher or crew member shall weigh the catch not more than 30 minutes after landing and prior to loading or moving the fish from the dock or landing site, and enter and save the species and weight in pounds of the fish in a paper biweekly report form or the electronic fish reporting system. If the actual weight in pounds of the fish is saved in a paper biweekly report form or the electronic fish reporting system prior to returning to shore, the commercial fisher or crew member is exempt from this paragraph.

(d) In the event that the weight of the fish cannot be entered or saved due to mechanical failure or other problems associated with the electronic communication device:

1. The commercial fisher or crew member shall immediately notify the department of the problem and verbally provide the date, time, licensee's name, commercial fishing license number or fleet reporting number, boat name, zone of fishing and the weight in pounds of fish by species by calling a department designated telephone number.

2. If the commercial fisher or crew member is unable to reach the department designated telephone number, the commercial fisher or crew member shall immediately complete a report on a paper form available from the department upon weighing the fish, but before loading the fish for transport. The report shall include the date, licensee's name, commercial fishing number or fleet reporting number, boat name, zone of fishing and the weight in pounds of the fish by species and grid, and the signature of the individual completing the report. The report shall be presented to a department representative upon request and shall be retained as part of the commercial fisher's records under s. 29.519 (5) , Stats.

3. Upon reestablishing the functionality of the electronic reporting unit, the licensee shall enter the weighed catch and other requested daily fishing activity data for the date and submit it electronically to the department as required under sub. (2) (c) .

(e) A commercial fisher shall remain under the enhanced reporting requirements of this subsection for a period of 24 months from the date of conviction of the offense triggering this subsection.

History: Cr. Register, September, 1976, No. 249 , eff. 10-1-76; renum. from NR 25.14 and am. Register, October, 1979, No. 286 , eff. 11-1-79; renum. from NR 25.12, Register, January, 1985, No. 349 , eff. 2-1-85; am. (2), cr. (3), Register, June, 1989, No. 402 , eff. 7-1-89; am. (3) (intro.) and (b), Register, August, 1991, No. 428 , eff. 9-1-91; am (2), Register, March, 1992, No. 435 , eff. 4-1-92; CR 08-060 : cr. (1) (title), (3) (title), (4) to (11), am. (2), (3) (intro.) to (b) Register June 2009 No. 642 , eff. 7-1-09; corrections in (4) and (5) (c) 4. made under s. 13.92 (4) (b) 2. and 7. , Stats., Register June 2009 No. 642 ; CR 15-074 : r. and recr. (1), (2), r. (3) to (5), am. (9) (b), (11) (c), (d) (intro.) Register May 2016 No. 725 , eff. 6-1-16; corrections in (10), (11) (intro.), (d) 3. made under s. 13.92 (4) (b) 7. , Stats., Register May 2016 No. 725 , eff. 6-1-16.

Note

Biweekly fishing report forms are provided by the department to each licensee at the beginning of the license year. Additional forms may be obtained by writing: DNR, 110 South Neenah Avenue, Sturgeon Bay, WI 54235. Microsoft Windows NT 6.1.7601 Service Pack 1 Pursuant to s. 29.519 (4) (d) , Stats., the licensee is responsible for all acts of crew members conducting commercial fishing activities for the licensee. Microsoft Windows NT 6.1.7601 Service Pack 1 Pursuant to s. 29.519 (6) , Stats., all records of commercial fishing activity are subject to inspection upon request of a duly authorized department representative. This includes electronic records on a portable electronic communication device. Microsoft Windows NT 6.1.7601 Service Pack 1 The department designated phone number and email address are provided to licensees each year in a letter given with their annual commercial fishing license. Microsoft Windows NT 6.1.7601 Service Pack 1 Note: See the table of Appellate Court Citations for Wisconsin appellate cases citing s. NR 25.13 . Microsoft Windows NT 6.1.7601 Service Pack 1