Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 25 - Commercial fishing In Outlying Waters And Wholesale Fish Dealers › Subchapter II - Commercial Fishing - Outlying Waters › Section NR 25.09 - Commercial fishing gear

Current through June 24, 2024
Licensed commercial fishers and treaty fishers conducting
					 commercial fishing operations may only use the following gear subject to the
					 conditions stated in this section and in the areas designated:
(1) LAKE SUPERIOR.
(ad)
Gill nets - 1¾
				  inch.
The licensee may use gill nets with a mesh size of not more than
				  1 ¾ inch stretch measure.
(ah)
Gill nets - 23/8 inch.
The licensee may use gill nets with a mesh size of not less than 2 3/8 inch and
				  not more than 3 inch stretch measure under the following conditions:
1. From January 16 to November 9, the
				  licensee may use gill nets of this size stretch measure only when the bottom
				  lead or maitre cord, line, or rope is on the lake bottom, only when the depth
				  of water at that location is 12 to 60 feet (2 to 10 fathoms) deep or 210 to 330
				  feet (35 to 55 fathoms) deep, and only when the number of meshes does not
				  exceed 35 meshes in depth.
2. From
				  November 10 to January 15, the licensee may use gill nets of this size stretch
				  measure only when the bottom lead or maitre cord, line, or rope is on the lake
				  bottom, only when the depth of water at that location is 60 to 330 feet (10 to
				  55 fathoms) deep, and only when the number of meshes does not exceed 35 meshes
				  in depth.
3. At any time of year,
				  the licensee may use gill nets of this size stretch measure, provided that the
				  bottom maitre cord or lead line is at least 6 feet (1 fathom) above the lake
				  bottom and the top maitre cord or float line is at least 12 feet (2 fathoms)
				  below the surface of the water, and that the number of meshes does not exceed
				  60 meshes in depth.
(am)
Gill nets - 47/16 inch.
The licensee may set gill nets with a
				  mesh size of not less than 4 7/ 16 inch stretch measure under all of the
				  following conditions:
1. The licensee may set
				  gill nets with 4 7/ 16 inch stretch measure not exceeding 36 meshes in depth
				  and only when set on the bottom of the lake.
2. In addition to the requirement in subd.
				  1., the licensee may set gill nets with 4 7/ 16 inch stretch measure not
				  exceeding 36 meshes in depth in waters less than 330 feet (55 fathoms) deep
				  only from November 28 through September 30.
3. In addition to the requirements in subds.
				  1. and 2., in water less than 330 feet (55 fathoms) deep, the total maximum
				  feet of gill net with mesh size equal to 4 7/ 16 inch and greater that the
				  licensee may set shall be determined by the department according to this
				  subdivision based on CPE in order to ensure that total allowable state and
				  tribal annual lake trout harvest quotas and individual fishers' harvest quotas
				  are not exceeded.
a. The lake trout open
				  season under s.
				  NR
				  25.05 is divided into 3 periods. The department shall
				  determine CPE and determine the total maximum feet of gill net with mesh size
				  equal to 4 7/ 16 inch and greater which may be set by all licensees during each
				  of the following 3 periods:
period 1: November 28 through March 31;
period 2: April 1 through May 31;
period 3: June 1 through September 30.
b. CPE for each period shall be determined
				  from department-monitored state and tribal net lifts occurring during each
				  period.
d. The 3-year average CPEs
				  shall be calculated by the department as the average of the monitored CPEs for
				  the corresponding periods of the preceding 3 lake trout open seasons using data
				  from department-monitored net lifts.
e. No commercial fisher may set more than his
				  or her allowable gill net effort during each period of the lake trout open
				  season. The department shall use the following formula to determine each
				  commercial fisher's allowable gill net effort in feet of net:
period 1 allowable gill net effort:
Individual Lake Trout Quota x 1000 / Period 1 CPE
period 2 allowable gill net effort:
[Unused Effort Period 1][Period 1 CPE] / Period 2
					 CPE
period 3 allowable gill net effort:
[Unused Effort Period 2][Period 2 CPE] / Period 3
					 CPE
f. The department shall
				  make available allowable gill net effort limitations for period 1 by November 1
				  of each year. If a commercial fisher's allowable gill net effort has not been
				  used by the end of period 1 or 2 and is reported by the commercial fisher
				  according to s.
				  NR
				  25.13, the remaining balance of allowable gill net
				  effort in feet of net shall be carried over to succeeding periods within the
				  lake trout open season but not carried over to the next lake trout open season.
				  The department shall determine gill net effort limitations for periods 2 and 3
				  within 5 working days after the start of periods 2 and 3 using remaining
				  allowable gill net effort reported according to s.
				  NR
				  25.13.
g.
				  The department shall calculate the allowable gill net effort for the overall
				  state commercial and tribal effort in the same manner as described in subd. 3.
				  e., except that the state or tribal lake trout quota shall be used instead of
				  the fisher's individual quota.
4. Upon use of all tags issued for lake trout
				  to the licensee under s.
				  NR 25.07 (1)
				  (a), or upon use of the total number of feet
				  of gill net permitted to be set in any time period under subd. 3., a licensee
				  may not set gill nets with a mesh size of 4 7/ 16 inch stretch measure in water
				  less than 330 feet (55 fathoms) deep for the remainder of the lake trout open
				  season.
5. The licensee using the
				  gill net shall tag the gill net with an informational tag, supplied by the
				  department, on the buoy staff above the water line. Each tag shall state the
				  time and date upon which the gill net was set, the length of the gang of nets,
				  the license number or fleet reporting number and the licensee's
				  initials.
6. The licensee may not
				  set or place gill nets in the waters of Lake Superior from a boat or watercraft
				  from January 15 through March 31, except as authorized by the department in a
				  permit issued under sub. (6).
7.
				  The licensee may not set or place gill nets within one-quarter mile shoreward
				  of the pot and lead of any entrapping net, except that if a trap net is set
				  within one-quarter mile of a gill net, that gill net may continue to be lifted
				  and reset in the same location.
(ar)
Gill nets - unrestricted
				  size.
The licensee may set gill nets with no restrictions on mesh size
				  or the number of meshes in depth at any time during the year only in water more
				  than 330 feet (55 fathoms) deep and only when set on the bottom.
(as)
Gill net marking
				  requirements.
The licensee shall legibly mark each gill net with the
				  license number or fleet reporting number of the license holder on each float or
				  on each lead, and shall mark the bowls of the buoys on each end of the gang
				  with the license number of the license holder in accordance with s.
				  29.516 (2) (d)
				  1, Stats.
(av)
Gill net lifting
				  requirements.
The licensee shall lift each gill net a minimum of:
1. Once every 72 hours in open water less
				  than 96 feet (16 fathoms) deep.
2.
				  Once every 120 hours in open water 96 to 210 feet (16 to 35 fathoms)
				  deep.
3. Once every 240 hours in
				  open water more than 210 feet (35 fathoms) deep.
4. Once every 120 hours in commercial ice
				  fishing.
(b)
Entrapping nets.
1. The
				  licensee may use entrapping nets only when the pot or crib is set, placed, or
				  operated in water not more than 90 feet (15 fathoms) deep.
2. The licensee may set, place, or operate
				  entrapping nets only by permit issued under s.
				  NR 25.10
				  (4) in that part of Lake Superior lying
				  between a line extending due north of a point one mile east of the mouth of the
				  Iron river in section 34, township 50 north, range 9 west, Bayfield county, and
				  a line extending due north from the mouth of the Bad river in section 17,
				  township 48 north, range 2 west, Ashland county, including all of the Apostle
				  Islands area.
3. Each licensee may
				  use up to 10 entrapping nets per license, as measured by the number of pots or
				  cribs.
4. The licensee shall lift
				  each entrapping net a minimum of once every 168 hours.
5. Each entrapping net shall have the fish
				  holding pot portion rendered inoperable during the closed seasons for whitefish
				  and lake trout and shall have the webbing removed from the water within 3 days
				  after the close of the lake trout season.
6. The licensee may not place entrapping nets
				  within one-half mile of any other entrapping net.
7. The licensee may not place or operate
				  entrapping nets in the waters of Lake Superior during the months of April, May,
				  June, July, August, and September if the mesh covering the top of the hearts of
				  the nets is less than 14 inch stretch measure.
8. The licensee may not place or operate
				  entrapping nets in the waters of Lake Superior from a boat or watercraft from
				  November 28 through March 31.
9. A
				  licensee fishing with entrapment nets in the area west of Bark Point known as
				  WI-1 may harvest cisco, whitefish, and lake trout less than 25 inches in
				  length, and only from April 1 to September 30.
10. The licensee may not place or operate
				  entrapping nets within one mile of a designated trout stream.
11. The licensee shall mark and maintain each
				  entrapping net with 2 flags, one above the other, on a single staff attached to
				  the inside or shallow lead end of the net, one flag on a staff attached to the
				  pot or lifting buoy, one flag on a staff attached to the anchor at the outward
				  end of the king line, and one float measuring a minimum of 5 inches in diameter
				  attached to the anchor at the outward end of each net wing. All staffs shall be
				  marked with reflective tape. All flags shall measure not less than 9 inches
				  high by 18 inches wide and shall be displayed so that the top edge of the flag
				  is not less than 5 feet above the water, except that the lower of 2 flags on
				  one staff shall be displayed so that the bottom edge is not less than 3 feet
				  above the water. Two flags displayed on one staff shall be separated by not
				  less than 6 inches. All floats and all flags except the flag attached to the
				  king line anchor shall be of a highly visible color commonly referred to as
				  hunter orange or blaze orange with a color range between 595 nm and 605 nm. The
				  flag attached to the king line anchor shall be a dark color other than orange.
				  The license number or fleet reporting number of the commercial fishing license
				  holder shall be displayed and maintained in legible, block figures at least 1
				  inch high on the bowl of the pot or lifting buoy. Flags are not required
				  October 16 through April 14.
(bm)
All nets.
The following
				  regulations shall apply to all nets:
1. No net
				  may be placed within one-quarter mile of any other net, except that if a trap
				  net is set illegally within one-quarter mile of a legally placed gill net, that
				  gill net may continue to be lifted and reset in the same location in accordance
				  with par. (am) 7. Entrapment nets are further subject to s.
				  NR 25.09 (1) (b)
				  6.
2. Within 24 hours of setting any portion of
				  a net, the net shall be fully deployed and actively
				  fishing.
(c)
Encircling nets and trawls.
Encircling nets and trawls are
				  prohibited.
(d)
Disposition
				  of fish caught in nets.
All lake trout caught in gill nets not less
				  than 4 7D16 inch stretch measure set in waters less than 330 feet (55 fathoms)
				  deep shall be kept and tagged except that, during November 28 through May 31,
				  live lake trout may be released. Lake trout caught in gill nets in waters 330
				  feet (55 fathoms) deep or deeper or in entrapping nets may be returned to the
				  lake or kept and tagged, except that dead lake trout 25 inches or less in
				  length caught in entrapping nets shall be kept and tagged. All lake trout, dead
				  or alive, larger than 25 inches in length caught in entrapping nets shall be
				  returned to the lake. All lake trout and siscowet harvested by commercial and
				  home use fishers shall be tagged in accordance with s.
				  NR 25.06
				  (3).
(e)
Ice buoy standards.
Whenever ice may reasonably be expected to encroach upon fishing gear, in lieu
				  of the requirements in s.
				  NR
				  25.09, no commercial fisher may fish except with gear
				  that meets the following standards:
1. Ice
				  buoys shall have an overall minimum length of 12 feet.
2. At least two feet of any ice buoy shall
				  extend above water with the license number of the commercial fisher
				  visible.
3. The top foot of the
				  above-water portion of an ice buoy shall be marked with the highly visible
				  color known as hunter orange or blaze orange.