Section NR 19.057 - Bait dealer's wild harvest permit required; criteria; records required(1) No bait dealer may take minnows for use as bait from any inland or outlying water unless the bait dealer possesses a wild harvest permit issued by the department under this section and the bait dealer complies with all terms and conditions of the wild harvest permit. A bait dealer shall apply for a permit in the form specified by the department. Applications may be submitted no later than 30 days prior to the proposed starting date of harvesting. The department shall act on a complete permit application within 10 business days after receipt, based on the criteria in sub. (2). Except as provided in sub. (5), permits shall be valid for the dates specified on the permit to December 31 of each year, and shall require compliance with all minnow collecting requirements. A complete application shall include the applicant's name, street address, bait dealer's license number if any, the specific water body where bait will be harvested, the town, range and section where bait will be harvested, the species of bait that will be harvested, the maximum quantity of bait expected to be harvested, and any other information required on the application form. Note: Permit application forms may be obtained at no charge from the Bureau of Fisheries Management, Department of Natural Resources, PO Box 7921, Madison, WI 53707-7921 or on the Internet at http://dnr.wi.gov/topic/fishing/vhs/vhs_wbhpermit.html.
Note: See s. NR 20.14 for general minnow collecting restrictions, s. NR 20.20 for county and statewide restrictions on waters, authorized methods, open seasons, size limits, bag limits and other restrictions, and s. NR 20.39 for permits authorizing the use of non-standard minnow gear on inland waters.
(1m) The permit holder may apply to the department, on the forms designated by the department, to request amendments to a wild harvest permit to modify the species targeted, waters fished, or harvest gear to be used. The permit holder shall submit the amendment request no later than 30 days prior to the desired effective date of the amendment. The permit holder may not submit more than 10 amendment requests each year. Note: The amendment request form is available at https://dnr.wi.gov, search "bait harvest."
(2) The department shall grant an application for a wild harvest permit under this section if it determines that all of the following criteria are met, but the department may set specific conditions in permits or deny applications when necessary to ensure compliance with this section and prevent or control the spread of the Viral Hemorrhagic Septicemia virus or other invasive species: (a) The applicant is a bait dealer who holds a bait dealer's license or is exempt under s. 29.509 (3), Stats., from the requirement to hold a bait dealer's license.(b) Minnows may not be taken from Lake Michigan, Green Bay, Lake Superior, the Mississippi River, Lake Winnebago, the Fox River from Lake Winnebago to Green Bay, or any bay, slough or backwater of these waters, or any water connected to these waters, upstream to the first dam or other obstruction impassible to fish, or from any other waters where the department has reason to believe that the Viral Hemorrhagic Septicemia virus may be present, or where other invasive species may be present.(c) Minnow gear and harvest and transport equipment shall be disinfected after use to prevent the spread of the Viral Hemorrhagic Septicemia virus and other invasive species.(d) Minnows taken from inland or outlying waters may not be given, sold or bartered to another person unless applicable fish health requirements specified by the department of agriculture, trade and consumer protection in ch. ATCP 10 have been met.(2m) The department may, at any time, revoke or modify a permit issued under this section if it determines that the requirements, terms, or conditions of the permit are not being met, followed, or adhered to, or to ensure compliance with this section, or to prevent or control the spread of the Viral Hemorrhagic Septicemia virus or other invasive species. A permit revocation or modification shall become effective upon department notification by email or 3 business days after the permit holder receives the notification by mail at the address shown on the permit, whichever occurs first.(3)(a) Each permit holder or the permit holder's employee shall maintain a clear, legible daily record in the English language on department forms of all minnow harvest activities conducted under the permit which the department requires to be reported, which may include setting, tending, moving, or removing minnow harvest gear, or the removal of minnows from harvest gear, from any inland or outlying water. The record shall include the water body of origin, the latitude and longitude or nearest road crossing where harvested, the species harvested, the date of harvest, the gear type and amount used, the weight or volume of each species harvested by waterbody for all gear lifts conducted during that day's trip to the waterbody, the disposition of the minnows, except that retail sales to consumers need not be recorded, the signature of the permit holder, and any other information required on the record form.(b) The permit holder shall ensure that all information required under par. (a), except for the disposition of the minnows, is accurately recorded at the time that the permit holder or the permit holder's employee sets, tends, lifts, moves, or removes the gear in the waterbody and empties the gear of fish and before the permit holder or permit holder's employee leaves the site where the minnows were loaded for transport. The permit holder or employee shall record the final disposition of the minnows to sources other than retail sales to final consumers at the time of disposition.(c) The permit holder or the permit holder's employee shall submit a report of all daily records recorded under pars. (a) and (b) no later than the 10th day of the month following the month of harvest in the form specified by the department. After December 31, 2027, the permit holder or the permit holder's employee shall submit the report forms electronically to an electronic reporting system designated by the department by 11:59 p.m. the day the minnows are removed from the harvest gear.(d) The permit holder shall maintain all records required under this subsection for no less than 2 years after the expiration of the permit and shall make the records available to a department representative for inspection upon request at all reasonable hours. Note: Minnow harvest record forms may be obtained at no charge from the Bureau of Fisheries Management, Department of Natural Resources, PO Box 7921, Madison, WI 53707-7921 or on the Internet at http://dnr.wi.gov/topic/fishing/vhs/vhs_wbhpermit.html.
(4) No bait dealer may possess farm-raised fish while engaged in the harvest of wild bait, or while transporting wild harvested bait from the water where it was harvested to the bait dealer's business location or from the water where it was harvested to the point of sale.(5) The department may issue a wild harvest permit that is valid for the dates specified on the permit if the permit is for the harvest of minnows from a water of the state stocked with minnows by the applicant pursuant to a stocking permit under s. 29.736, Stats., or for the harvest of minnows from a lake stocked with minnows by the applicant pursuant to a permit for private management under s. 29.737, Stats. The department may issue a wild harvest permit under this section in conjunction with a stocking permit or a permit for private management.Wis. Admin. Code Department of Natural Resources NR 19.057
Emerg. cr. eff. 11-1-07; CR 07-074: cr. Register May 2008 No. 629, eff. 6-1-08.Amended by, CR 23-053: am. (1), cr. (1m), am. (2) (intro.), cr. (2m), renum. (3) to (3) (a) and am., cr. (3) (b) to (d), am. (5) Register April 29 No. 820, eff. 5/1/2024