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 25.027 - Definitions

Current through June 24, 2024
Except as otherwise specifically defined in the statutes,
					 in this subchapter:
(1) "Allouez Bay"
				  means that body of water in Douglas county lying south of a line commencing at
				  the most northerly point in section 29, township 49 north, range 13 west, and
				  running due east in a straight line to the water's edge on north line of
				  section 28, same township and range.
(2) "Baileys Harbor" means that body of water
				  in Door county lying north of a line commencing at the most southerly point in
				  section 21, township 30 north, range 28 east at N45°03.3035,
				  W87°05.5265, and running in a straight line westerly to the south line of
				  section 20, same township and range at N45°03.2945, W87°07.5055.
Note:
All latitude and longitude coordinates
					 are expressed in degrees and minutes.
(3) "CPE" means catch-per-unit-of-effort,
				  which is the average number of fish caught per 1,000-foot lift of gill net or
				  per lift of trap net, and includes all dead and live fish.
(4) "Cisco" means the fish species commonly
				  known as lake herring or as cisco.
(5) "Closed area" means any area designated
				  as a refuge by rule or statute, or any area where fishing is restricted in any
				  manner by rule.
(6) "Closed season"
				  means that period of the year not embraced within the open season for each
				  species of fish therefor as provided in s.
				  NR 25.05
				  (1) during which the taking of the fish
				  species enumerated is prohibited.
(7) "Commercial fishing" means fishing for
				  fish regulated by this chapter with commercial gear or methods other than those
				  commonly known as hook and line fishing or angling, the taking of smelt
				  pursuant to s.
				  NR
				  20.20, or the taking of minnows.
(8) "Commercial fishing gear" or "commercial
				  gear" is that equipment identified in or regulated by this chapter.
(9) "Commercial fishing license" means, for
				  the purposes of s. 29.503 (2) (b),
				  Stats., those licenses issued pursuant to ss.
				  29.519,
				  29.523,
				  29.526,
				  29.529,
				  29.531,
				  29.533, and
				  29.535, Stats.
(10) "Commercial ice fishing" means the
				  setting and operating of commercial fishing gear through and from the surface
				  of the ice.
(11) "Detroit Harbor"
				  means that body of water in Door county lying north of a line commencing at the
				  most southerly point in section 14, township 33 north, range 29 east at
				  N45°20.0165, W86°56.4515, and running in a straight line to the most
				  southerly point in section 18, township 33 north, range 30 east at
				  N45°20.0545, W86°54.1395.
Note:
All latitude and longitude coordinates
					 are expressed in degrees and minutes.
(12) "Diverter" means a type of commercial
				  fishing gear inside a trawl net before the cod end, used to sort fish by size,
				  through which all fish caught must pass and which diverts larger fish out of
				  the net.
(13) "Eagle Harbor" means
				  that body of water in Door county south and east of a line drawn from the most
				  northeast point in section 9, township 31 north, range 27 east at
				  N45°10.4965, W87°13.3405, easterly to the water's edge on the north
				  line of section 12, same township and range at N45°11.1405,
				  W87°09.6795.
Note:
All latitude and longitude coordinates
					 are expressed in degrees and minutes.
(14) "Egg Harbor" means that body of water in
				  Door county lying south of a line commencing at the most northeast point in
				  section 26, township 30 north, range 26 east at N45°03.2455,
				  W87°18.0055, and running in a straight line east to the north line of
				  section 25, same township and range at N45°03.2655, W87°16.9385.
Note:
All latitude and longitude coordinates
					 are expressed in degrees and minutes.
(15) "Electronic communication device" means
				  a device with access to the internet or local networks capable of storing or
				  replicating data on a hard drive, transmitting data over a network, displaying
				  data on a screen, and recording data via an input apparatus.
(16) "Electronic fish reporting system" means
				  a system established or authorized by the department for reporting daily
				  commercial fishing activity and other required information to the department by
				  electronic means.
(17) "Encircling
				  nets" means purse seines as defined in sub. (52), and seines as described in s.
				  29.522 (3),
				  Stats.
(18) "End of the day" means
				  11:59 p.m. of the day the fish are landed.
(19) "Entrapping nets" means trap nets as
				  defined in sub. (48), and entrapping nets as described in s.
				  29.522 (1),
				  Stats.
(20) "Fish Creek" means that
				  body of water in Door county lying south and east of a line commencing at the
				  most northerly point in the southwest quarter of section 29, township 31 north,
				  range 27 east at N45°07.9255, W87°14.9265, and running northeasterly in
				  a straight line to the water's edge on the north line of that section, township
				  and range at N45°08.4805, W87°14.5055.
Note:
All latitude and longitude coordinates
					 are expressed in degrees and minutes.
(21) "Fleet reporting program" means a
				  program of catch assignment and reporting under s.
				  NR
				  25.135.
(22) "Float plan" means a description of the
				  day's proposed commercial fishing activity that includes the commercial
				  fisher's name, commercial fishing license number or fleet reporting number,
				  date and intended time of leaving the pier or shore for commercial fishing
				  activity, targeted species, port of departure, intended port of return,
				  intended time of return, and the type of commercial fishing gear
				  involved.
(23) "Harvest limit",
				  "harvest quota", "total allowable annual commercial harvest", or "the total
				  allowable commercial harvest" means the total number of pounds of fish as
				  established in this chapter which may be landed in a license year from the
				  outlying waters or any portion thereof, except as otherwise prescribed in this
				  chapter.
(24) "High value species"
				  means whitefish when a commercial fisher's whitefish individual catch quota in
				  any zone is less than 13,656 pounds and yellow perch.
(25) "Home use fisher" means an enrolled
				  tribal member of either the Bad River or Red Cliff band of Chippewa Indians
				  exercising off-reservation fishing rights in Lake Superior recognized by
State v. Gurnoe
, 53 Wis. 2d 390 (1972), who takes fish for
				  non-commercial disposition, including consumption by the member or member's
				  family or donation for charitable purposes.
(26) "Immediate family" means the spouse,
				  children by birth or adoption, parents or siblings.
(27) "Incapacity" means the inability to
				  communicate in any manner, hospitalization with a terminal illness or terminal
				  injuries as certified by a licensed physician, or an adjudication of
				  incompetency as defined in s.
				  54.10 (3),
				  Stats.
(28) "Jackson Harbor" means
				  that body of water in Door county lying south and west of a line commencing at
				  the most northerly point in section 27, township 34 north, range 30 east at
				  N45°24.0615, W86°50.8765, and running in a straight line northwesterly
				  to the most easterly point in the northeast quarter of section 28, same
				  township and range at N45°24.2265, W86°51.1415.
Note:
All latitude and longitude coordinates
					 are expressed in degrees and minutes.
(29) "Licensed commercial fisher" means a
				  person currently licensed under s.
				  29.519 (1m)
				  (a), Stats.
(30) "Little Sturgeon Bay" means that body of
				  water in Door county lying south of a line commencing at the most northeast
				  point in section 35, township 28 north, range 24 east at N44°51.0985,
				  W87°33.0225, and running in a northeasterly direction to the most northerly
				  point in section 36, same township and range at N44°51.4865,
				  W87°31.9005.
Note:
All latitude and longitude coordinates
					 are expressed in degrees and minutes.
(31) "Lost net" means a commercial fishing
				  net that cannot be located by the commercial fisher within 24 hours after the
				  net was required to be lifted or a commercial fishing net that is missing or
				  was stolen, regardless of the net's last known location.
(32) "Moonlight Bay" means that body of water
				  in Door county lying north and west of a line commencing at the most northeast
				  point in section 15, township 30 north, range 28 east at N45°04.4035,
				  W87°04.8235, and running in a straight line northeasterly to the most
				  southerly point in section 14, same township and range at N45°04.7065,
				  W87°03.9095.
Note:
All latitude and longitude coordinates
					 are expressed in degrees and minutes.
(33) "Non-work days" for a commercial fisher
				  licensed under s. 29.519 (1m),
				  Stats., means Sundays, January 1 (New Year's Day), third Monday in January
				  (Martin Luther King Jr.'s birthday), Good Friday, last Monday in May (Memorial
				  Day), July 4 th (Independence Day), first Monday in September (Labor Day),
				  fourth Thursday in November (Thanksgiving Day), December 24 th (Christmas Eve),
				  December 25 th (Christmas Day) and December 31 st (New Year's Eve).
(34) "North Bay" means that body of water in
				  Door county lying north of a line commencing at the most northeast point in
				  section 35, township 31 north, range 28 east at N45°07.4925,
				  W87°03.4555, and running in a straight line to the west line of section 25,
				  same township and range at N45°08.2005, W87°03.0175.
Note:
All latitude and longitude coordinates
					 are expressed in degrees and minutes.
(35) "Northern and southern Green Bay line"
				  means that line described as a line in Green Bay drawn from the most northerly
				  point of Friedmann's point at Fish creek at N45°07.9255, W87°14.9265,
				  located in the southwest quarter of section 29, township 31 north, range 27
				  east, Door county; thence northwesterly to the most southeasterly point of
				  Chambers island at N45°09.5055, W87°19.7145; thence along the southwest
				  shoreline to the most southwesterly point of Chambers island at
				  N45°10.6805, W87°22.6085; thence due west to the Wisconsin-Michigan
				  boundary line at N45°10.6805, W87°24.7755.
Note:
All latitude and longitude coordinates
					 are expressed in degrees and minutes.
(36) "Northern chub fishing zone" means those
				  waters of Lake Michigan lying north of a line extending from the mid-channel
				  marker buoy of Baileys Harbor on a 135º bearing, and east of a line from
				  the point where the line extending on a 135º bearing from the mid-channel
				  marker buoy of Baileys Harbor intersects the 35 fathom contour, to the
				  easternmost point of Rock Island at N45°24.4545, W86°48.3135, then
				  following the northeast shore of Rock Island to the northernmost point of Rock
				  Island at N45°25.7095, W86°49.6915, then proceeding north to the
				  Wisconsin-Michigan state line at N45°26.6485, W86°49.6915.
Note:
All latitude and longitude coordinates
					 are expressed in degrees and minutes.
(37) "Northern Green Bay" means those waters
				  of Green Bay lying north of the northern and southern Green Bay line.
(38) "Northern Green Bay-Lake Michigan line"
				  means that line commencing at the northwest side of the Northport dock where it
				  joins the shoreline in section 29, township 33 north, range 29 east at
				  N45°17.4435, W86°58.6475; thence in a northeasterly direction to the
				  range light (signal light) on Plum island at N45°18.2255, W86°57.2985;
				  thence along the north and west shore of Plum island to the U.S. coast guard
				  station at N45°18.7825, W86°56.8775; thence northerly to the
				  southwesterly point of Shellswick dock at N45°20.0165, W86°56.4515,
				  which is located on Lodbell's point on Washington island; thence along this
				  dock to the shoreline of Lodbell's point; thence along the west shore of
				  Washington island to Boyer's Bluff light at N45°25.2115, W86°56.1895;
				  thence due north to the Michigan-Wisconsin boundary line at N45°26.6485,
				  W86°56.3625.
Note:
All latitude and longitude coordinates
					 are expressed in degrees and minutes.
(39) "Riley's Bay" means that body of water
				  in Door county lying south of a line commencing at the most northerly point in
				  section 36, township 28 north, range 24 east at N44°51.4865,
				  W87°31.9005, and running in a northeasterly direction to the most northerly
				  point in section 30, township 28 north, range 25 east at N44°52.3695,
				  W87°31.0075.
Note:
All latitude and longitude coordinates
					 are expressed in degrees and minutes.
(40) "Rowley's Bay" means that body of water
				  in Door county lying north of a line commencing at the water's edge on south
				  line of section 25, township 32 north, range 28 east at N45°12.5355,
				  W87°01.9545 and running southeasterly to the most southerly point in
				  section 32, township 32 north, range 29 east at N45°12.6955,
				  W87°00.1585.
Note:
All latitude and longitude coordinates
					 are expressed in degrees and minutes.
(41) "Southern chub fishing zone" means those
				  waters of Lake Michigan lying south of a line extending east from the entrance
				  of Kewaunee harbor at N44°27.4595, W87°29.5225 to its intersection with
				  the 45 fathom (270 feet) depth contour, then proceeding northerly along the 45
				  fathom depth contour to its intersection with a line extending east from the
				  entrance of Algoma harbor at N44°36.3975, W87°25.7925, then proceeding
				  east along a line from the entrance of Algoma harbor at N44°36.3975,
				  W87°25.7925 to its intersection with the Wisconsin-Michigan state line at
				  N44°36.3975, W86°48.3905.
Note:
All latitude and longitude coordinates
					 are expressed in degrees and minutes.
(42) "Southern Green Bay" means those waters
				  of Green Bay lying south of the northern and southern Green Bay line, including
				  the Fox river as far as the dam at DePere, and westerly of the Southern Green
				  Bay - Lake Michigan line.
(43)
				  "Southern Green Bay - Lake Michigan line" means that line commencing at a point
				  on the southwest shore of the Sturgeon Bay ship canal directly beneath the
				  center of the Wisconsin public service company power line and extending in a
				  northeasterly direction directly beneath and parallel to the center of the
				  power line to a point on the northeast shore of the ship canal, all located in
				  NE1/4 NW1/4, section 22, township 27 north, range 26 east, Door
				  county.
(44) "St. Louis Bay" means
				  that body of water in Douglas county lying between a line commencing at the
				  most northerly point of section 10, township 49 north, range 14 west, running
				  due north to the Minnesota boundary, and the north line of sections 20 and 21,
				  running due west to the Minnesota boundary.
(45) "Standard fish box" means any container
				  with outer dimensions no greater than 18 inches in width, 32 inches in length
				  and 12 inches in depth used or designed for holding fish.
(46) "Sturgeon Bay" means that body of water
				  in Door county lying south and east of a line commencing at the most northerly
				  point of section 23, township 28 north, range 25 east at N44°53.5825,
				  W87°26.0435, and running in a northeasterly direction to the water's edge
				  on north line of section 13, same township and range at N44°54.4515,
				  W87°24.3905.
Note:
All latitude and longitude coordinates
					 are expressed in degrees and minutes.
(47) "Superior Bay" means that body of water
				  in Douglas county lying south and east between Minnesota point and the main
				  land of Douglas county extending from a line drawn from the most southerly
				  point in section 20, township 49 north, range 13 west, to the most northerly
				  point in section 29, same township and range.
(48) "Trap net" means a device constructed of
				  netting, which may employ wings or wings and leads, directing the movement of
				  fish through a tunnel of netting into inner hearts or built-in forebays wherein
				  they are trapped by their own movement. Such nets may be referred to as shallow
				  trap nets, submarine trap nets or deep water trap nets but shall not include
				  drop nets or fyke nets.
(49)
				  "Trawl" means a large conical bag of netting to which are often attached wings
				  of netting, which is towed in the water and weighted such that its sweep line
				  maintains contact with the bottom throughout the drag, and captures fish by
				  scooping rather than encircling them. The mouth of the bag is normally kept
				  open laterally by 2 large boards, one on each side so rigged that they serve to
				  spread the entire net, and these boards are secured to towing lines running to
				  the vessel or vessels engaged in towing the net through the water.
(50) "Treaty fisher" means an enrolled tribal
				  member of either the Bad River or Red Cliff bands of Chippewa Indians
				  exercising off-reservation commercial fishing rights in Lake Superior
				  recognized by
State v. Gurnoe
, 53 Wis. 2d 390
				  (1972).
(51) "Washington Harbor"
				  means that body of water in Door county lying south of a line commencing at the
				  water's edge on the north line of section 25, township 34 north, range 29 east
				  at N45°24.3445, W86°55.7145, and running in a straight line easterly to
				  the water's edge on the north line of section 25, same township and range at
				  N45°24.3575, W86°55.0145.
Note:
All latitude and longitude coordinates
					 are expressed in degrees and minutes.
(52) "West Harbor" means that body of water
				  in Door county and adjoining water in sections 2, 10 and 11, township 33 north,
				  range 29 east, lying east of a line starting at the most northwesterly point of
				  land in section 10 of township 33 north, range 29 east at N45°21.5115,
				  W86°57.2245, and running in a northerly direction to the most northwesterly
				  point of land in section 2, township 33 north, range 29 east at
				  N45°22.4535, W86°57.0775.
Note:
All latitude and longitude coordinates
					 are expressed in degrees and minutes.
(53) " WI-1" and "WI-2" mean Wisconsin
				  Statistical Districts l and 2 as defined in the Lake Trout Management Plan of
				  the Lake Superior Technical Committee of the Great Lakes Fishery Commission.
				  The line between the districts extends due north from the northernmost tip of
				  Bark Point at N46° 53.215, W91°11.165 with WI-1 waters to the west and
				  WI-2 waters east to the Michigan border.
(54) "Zone 1" means all waters in southern
				  Green Bay.
(55) "Zone 2" means all
				  waters in northern Green Bay and all Lake Michigan waters north of a line
				  running due east from the eastern shore of Door county along 44° 405 north
				  latitude to the Wisconsin-Michigan state boundary at N44°40.0005,
				  W86°46.8205.
(56) "Zone 3"
				  means all waters of Lake Michigan south of a line running due east from the
				  eastern shore of Door county along 44º 405 north latitude to the
				  Wisconsin-Michigan state boundary at N44°40.0005,
				  W86°46.8205.