Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 22 - Wisconsin-Iowa Boundary Waters › Subchapter III - Commercial Fishing › Section NR 22.11 - Commercial fishing

Current through June 24, 2024
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				  fishers whose commercial fishing approvals or privileges have been revoked may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.
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).
(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.
(26) No person may harvest catfish or
				  bullheads by hand or with a bow and arrow or crossbow under the authority of a
				  commercial fishing license or for commercial purposes.