Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 21 - Wisconsin-Minnesota Boundary Waters › Section NR 21.02 - Definitions

Current through June 24, 2024
Except as otherwise specifically defined in the statutes, the
				  following terms, for the purposes of this chapter, are defined as
				  follows:
(1) "Bait net" has the
				meaning given in s.
				NR
				22.02(1).
(2) "Buffalo net" has the meaning given in s.
				NR
				22.02(2).
(3) "Closed season" means that period of the
				year not included in the open season for each species of fish as provided in
				this chapter.
(4) "Commercial fish"
				means rough and detrimental fish as defined by this chapter, shovelnose
				(hackleback) sturgeon 25 inches long or longer only when taken on setlines,
				catfish 15 inches long or longer or dressed catfish at least 12 inches long and
				bullheads of any length when taken with commercial fishing gear and all taken
				while fishing under a commercial fishing license on the Mississippi
				River.
(5) "Commercial fishing
				gear" or "commercial gear" is that equipment specifically authorized for use in
				commercial fishing by this chapter.
(6) "Commercial fishing licenses" means those
				licenses issued pursuant to ss.
				29.523
				and
				29.533,
				Stats.
(7) "Constant net
				attendance" means the continuous presence of a commercial fisher who remains on
				the water or ice within sight of his or her nets at all times without the aid
				of vision magnifying devices such as binoculars or spotting telescopes, except
				that after a net has been drawn, a licensed commercial fisher may temporarily
				leave the net to transport fish taken from the net to a landing.
(8) "Daily bag limit" has the meaning given
				in s.
				NR
				20.03(8) for fish and for turtles
				means the maximum number specified by rule of a turtle species which may be
				reduced to a person's possession in a single day.
(9) "Dead set gill net" means a gill net that
				is set and allowed to catch fish without being moved and without constant net
				attendance by the operator.
(10)
				"Detrimental fish" means all species of Asian carp, including bighead, silver,
				grass and black carp.
(11) "Dressed
				fish" means a fish with the head and viscera removed but the tail on.
(12) "Drift net" means a net of any type that
				is not staked or anchored at one or both ends and is free to drift or move
				under the influence of wind or water current, whether or not the net has
				constant net attendance.
(13)
				"Drive netting" means a method of operating a net so that the operator is in
				constant net attendance and uses boats, motors, oars, plungers or other devices
				to create sound or vibrations in the water so as to chase, move or drive fish
				in the direction of the net.
(14)
				"Drive set gill net" means a gill net that is operated without being moved and
				has constant net attendance.
(15)
				"Fisher" means any person engaged in fishing.
(16) "Frame net" or "fyke net" has the
				meaning given in s.
				NR
				22.02(15).
(17) "Gill net" has the meaning found in s.
				29.522(2)
				(b), Stats.
(18) "Hooking" means, as used in s.
				NR
				21.13, any activity which utilizes a dull-pointed,
				metal, barbless hook attached to a staff to remove a turtle from a body of
				water.
(19) "Hoop net" has the
				meaning given in s.
				NR
				22.02(18).
(20) "Lead" has the meaning given in s.
				NR
				22.02(19).
(21) "Length" for the purposes of measuring a
				fish, unless otherwise specified, means the distance measured in a straight
				line from the tip of the snout to the outermost end of the tail with the tail
				or caudal fin fully extended.
(22)
				"Lower pool 7" means that part of the Mississippi River bounded on the north by
				an imaginary line at a compass bearing of 65 1/2 degrees from river mile marker
				709.5 to the north end of the Burlington Northern and Santa Fe main railroad
				track bridge that crosses the Black River; on the east by the Burlington
				Northern and Santa Fe main railroad tracks; on the south by the U.S. army corps
				of engineers lock and dam 7 dike; and on the west by the state line boundary
				between Wisconsin and Minnesota.
(23) "Lower pool 8" means that part of the
				Mississippi River bounded on the north by state highway 16; on the east by the
				Burlington Northern and Santa Fe main railroad tracks; on the south by the U.S.
				army corps of engineers lock and dam 8 dike; and on the west by the state line
				boundary between Wisconsin and Minnesota.
(24) "Minnows" means all species defined as
				such in s.
				29.001, Stats., and
				bullheads not exceeding four inches in length.
(25) "Mississippi River" means all waters
				lying between the Chicago, Milwaukee, St. Paul and Pacific railroad tracks on
				the Minnesota side of the river, and the Burlington Northern and Santa Fe
				railroad tracks lying on the Wisconsin side of the river. Mississippi River
				includes Lake Onalaska and Lake Pepin.
(26) "Possession limit" has the meaning given
				in s.
				NR
				20.03(31) for fish, except in s.
				NR
				21.13 where "possession limit" means the maximum
				number of a turtle species or group of turtle species set in s.
				NR
				21.13 which may be possessed by a person at any
				time.
(27) "Rough fish" means all
				species defined as such in s.
				29.001, Stats., and
				detrimental fish including amur carp which is also known as grass carp
				(Ctenopharyngodon idella).
(28)
				"Seine" has the meaning found in s.
				29.522(3),
				Stats.
(29) "Seine haul" means a
				single setting, retrieval and emptying of a seine, including placement of the
				net, driving fish in the direction of the net, drawing or lifting the net, or
				both, to entrap fish by retrieving one or both ends of the net, bagging the
				fish in the net, sorting and removal of the game fish in the net and removal of
				all fish from the net.
Note: A single seine haul may take more than one day to
				  complete from the time the net is set until all fish have been removed from the
				  net.
(30) "Setline" has the
				meaning given in s.
				NR
				20.03(36) and is also commonly known
				as a trotline.
(31) "Slat net" or
				"basket trap" has the meaning given in s.
				NR
				22.02(28).
(32) "Sport fishing" or "angling" means any
				fishing, including the methods commonly known as hook and line fishing or
				angling, which is conducted without a commercial fishing license and with other
				than commercial fishing gear, but does not include the taking of
				turtles.
(33) "Stretch measure"
				means the extension measure of net mesh size whenever the size of mesh of a net
				is specified and is the distance between the extreme angles of any single mesh
				with the mesh fully stretched.
(34)
				"Supervisor" means any department employee assigned or designated to oversee
				fishing activities conducted under this chapter.
(35) "Trammel net" has the meaning found in
				s.
				29.522(2)
				(a), Stats.
(36) "Turtle" means a reptile having horny,
				toothless jaws and a body enclosed in a bony or leathery shell into which the
				head, limbs and tail may be partially or fully withdrawn, and includes parts of
				turtles and turtle eggs.
(37)
				"Upper pool 7" means that part of the Mississippi River bounded on the north by
				the U.S. army corps of engineers lock and dam 6 dike; on the east by the
				Burlington Northern and Santa Fe main railroad tracks; on the south by an
				imaginary line at a compass bearing of 651/2 degrees from river mile marker
				709.5 to the north end of the Burlington Northern and Santa Fe main railroad
				track bridge that crosses the Black River; and on the west by the state line
				boundary between Wisconsin and Minnesota.
(38) "Upper pool 8" means that part of the
				Mississippi River bounded on the north by the U.S. army corps of engineers lock
				and dam 7 dike, on the east by the Burlington Northern and Santa Fe main
				railroad tracks, on the south by state highway 16, and on the west by the state
				line boundary between Wisconsin and Minnesota.
(39) "Wisconsin-Minnesota boundary waters"
				for sport fishing purposes, means all waters of the Mississippi River, Lake St.
				Croix, the St. Croix River from the Burlington Northern and Santa Fe railroad
				bridge at Prescott, as far in a northerly direction as the St. Croix River
				forms and acts as boundary waters between the states of Wisconsin and
				Minnesota, and the St. Louis River from the north-south Wisconsin-Minnesota
				boundary line downstream to the Lake Superior beach line in the Superior entry
				including St. Louis Bay, Superior Bay, Little Pokegama Bay, Pokegama Bay
				upstream to highway 105, Kimballs Bay, Howard Bay, Allouez Bay and all other
				Bays connected to the St. Louis River. For the purpose of taking turtles and
				commercial fishing, "Wisconsin-Minnesota boundary waters" means all waters from
				the Burlington Northern and Sante Fe railroad tracks on the east side of the
				Mississippi River and from the east bank of the St. Croix River in Wisconsin,
				extending west to the state line between Wisconsin and Minnesota.