Section NR 20.39 - Permits for use of nonstandard minnow gear on inland waters(1) The department may issue a permit under this section to a licensed bait dealer for the taking of minnows with minnow seines, minnow dip nets or minnow traps which are otherwise prohibited by s. NR 20.14. Applications shall be submitted on forms available from the department to the regional office having jurisdiction over the affected waters, and all of the following provisions shall apply to nonstandard gear permits: Note: The permit application form is available athttps://dnr.wi.gov, search "bait harvest.
(a) The department may issue the permit if it determines that all of the conditions of this paragraph are met, and may specify conditions in the permit to minimize user conflict in the waterbodies of harvest, manage cumulative harvest of minnows from specific waterbodies, minimize bycatch, and protect fish habitat: 1. For waters with adequate public access according to s. NR 1.90 (2) (a), the department shall determine if: a. The department does not need the minnows for its fish management activities.b. Removal of the minnows will not cause or substantially contribute to a long-term depletion of the forage base.c. Threatened or endangered species listed in ch. NR 27 are not known to be present in or near the affected water.d. Unique or sensitive biological values such as nesting loons or heron rookeries are not present in, on or near the affected water.e. The use of the minnow seines, minnow dip nets or minnow traps is not likely to hinder or interfere with the exercise of a permit issued earlier in the year to another person for the water.f. The use of the minnow seines, minnow dip nets or minnow traps is not likely to hinder or interfere with any other public uses of the water.g. The use of the minnow seines, minnow dip nets or minnow traps is not likely to result in the spread of invasive species or diseases.2. For waters lacking adequate public access and for waters surrounded by private lands, the department shall determine if: a. The requirements of subd. 1. a. to e. and g. are met; andb. The applicant provided the department with the name, mailing address and telephone number of the person granting the applicant legal access to the water.(b) Permits issued by the department under this subsection shall:1. Include the permit holder's name, address and bait dealer's license number.2. Specify the water where the permit is valid.3. Describe the minnow seines, minnow dip nets or minnow traps authorized.3m. Specify conditions on raising the traps and removing minnows.3s. For gear set in trout streams, specify conditions limiting gear type, size or number based on stream size.4. Include an expiration date of December 31 of the calendar year in which the permit is issued, unless an earlier date is set under par. (c).5. Prohibit the removal or destruction of vegetation, logs and other habitat features.6. Require that minnows be transported only in tanks equipped with either an oxygen tank or an adequate aeration system.7. Require that transport tanks and holding facilities not be loaded beyond their capacity to keep the minnows alive and healthy.8. Require that all minnows taken under the permit be sold or used only for angling or rearing of fish in department or private fish hatcheries.9. Require that all minnows which are not kept for use or sale and all game fish caught by the minnow seines, minnow dip nets or minnow traps be promptly returned unharmed to the water.(c) The department may require reporting of the permit holder's activities under the permit and may set reasonable permit conditions to insure that the requirements of par. (a) are met.(d) The department shall act on a complete application for a permit under this section within 20 business days after it is received by the appropriate department regional office.(e) No permit holder may cause or allow the violation of any term or condition of a permit issued under this section. In addition to any other penalties, if a permit holder is convicted of causing or allowing a violation of any term or condition of a permit, the permit is terminated.(f) The department may, at any time, revoke or modify a permit issued under this section if it determines that the minnow supply is in danger of being depleted in the water for which the permit was issued. A permit revocation or modification shall become effective when it is received by the permit holder or 3 business days after it is mailed to the permit holder at the address shown on the permit, whichever occurs first.(g) Any person aggrieved by a decision of the department under this section may, within 30 days of the mailing of the decision, request a contested-case hearing before the department on the decision under s. 227.42, Stats.Wis. Admin. Code Department of Natural Resources NR 20.39
Cr. Register, May, 1999, No. 521, eff. 6-1-99; CR 01-012: am. (1) (intro.), cr. (1) (b) 3m., Register November 2001 No. 551, eff. 4-1-02; emerg. am. (1) (intro.) and (a), eff. 11-2-07; CR 07-074: am. (1) (intro.) and (a) Register May 2008 No. 629, eff. 6-1-08.Amended by, CR 23-053: am. (1) (intro.), (a) (intro.), cr. (1) (b) 3s. Register April 2024 No. 820, eff. 5-1-24; correction in (1) (b) 1. to 3., 4. to 8. made under s. 35.17, Stats., Register April 29 No. 820, eff. 5/1/2024