Wis. Admin. Code Department of Natural Resources NR 22.12

Current through August 26, 2024
Section NR 22.12 - Commercial fishing gear

Only commercial fishing gear as described and operated in the manner prescribed below may be used by commercial fishers in the Wisconsin-Iowa boundary waters.

Type of gear

Period of year may be used dates inclusive

Specifications

Restrictions

(1) Setline

(a) All year

1. Each licensee is limited to 12 setlines with not to exceed a total of 50 hooks on each line or 6 set-lines with not to exceed 100 hooks on each line, either not to exceed a total of 600 hooks in the aggregate.

a. Frogs or game fish, or any part of, whether dead or alive, may not be used as bait in the Mississippi river.

b. Lines shall be equipped with a metal tag stamped to designate the number of the license covering it attached to a buoy or stake at one end of the setline so it will be visible above the surface of the water.

c. At one end of every licensed setline there shall be placed and maintained a white flag, not less than 10 inches square, with the upper end of the stake extending at least 3 feet above the water and numbered with legible figures at least 3 inches in height corresponding with the number of the license authorizing the use of such setline. It shall be lawful to use buoys in lieu of flags providing that same are numbered with legible figures at least 3 inches in height corresponding with the number of the license authorizing the use of such setlines.

d. Lines shall be lifted and fish removed at least once each day following the day set unless a longer period is granted by the department or its agents.

e. Setlines may not be set in a manner which blocks off more than 1/2 the width of any slough, bay or channel to any type of boat traffic.

f. Additional restrictions are contained in s. NR 22.11.

(3) Seine

(a) All year

1. No size restriction

a. A commercial fisher and his or her crew members may not take more than 100 lbs. plus one fish of catfish per day with seines regardless of the number of seine hauls made in one day, from the Saturday nearest October 1 to April 30.

b. A commercial fisher and his or her crew members may only take 100 pounds plus one fish of catfish from any single seine haul even if the seine haul takes more than one day to complete.

c. Seines may not be bagged in a manner that causes either game fish that are not commercial fish or fish that are listed in ch. NR 27 as endangered or threatened species to die while bagged in the net. The presence of dead game fish that are not commercial fish or dead fish that are listed in ch. NR 27 as endangered or threatened species in a seine bag shall be prima facie evidence of a violation of this subparagraph. Rough fish that are not listed in ch. NR 27 as endangered or threatened species and commercial fish that are bagged as part of a seine haul may not be held in any bag, seine or other type of live box for more than 24 hours without prior permission from the department.

d. Shovelnose (hackleback) sturgeon may not be taken in seines.

e. Notwithstanding s. NR 22.11(7), seines may not be drawn, lifted or operated in any manner between one-half hour after sunset and one-half hour before sunrise without permission of the department.

f. Seines may not be used as a drift net or be attached to another net at any time.

g. Seines may not be set or operated in a manner that will shut-off more than one-half the width of any channel, bay or slough.

h. No seine may be set or operated within 1,000 feet of any other commercial fisher's gill net, frame net or seine.

i. Seines must be actively attended until the fish are bagged for removal within 24 hours.

j. Additional restrictions are contained in s. NR 22.11.

(4) Gill nets

(a) All year

1. Only gill nets with a mesh of 7 inches stretch or larger used.

a. Gill nets may not be used as a drag seine or drift net at any time.

b. All gill nets shall be lifted and emptied of fish at least once each day between May 1 and September 1, at least once each 2-day period when set during the remaining open water period and at least once each 4 days when set under ice, unless a longer period is granted by the department or its agents.

c. Gill nets may not be set in a manner that will shut-off more than one-half the width of any channel, bay or slough.

d. A gill net may not be set within 1,000 feet of any other commercial fisher's gill net or frame net.

e. A gill net may not be hobbled, doubled or overlapped on itself or with another net to reduce the effective size of the mesh with a second layer of net.

f. Additional restrictions are contained in s. NR 22.11

(5) Buffalo and Bait nets

(a) All year

1. No size restriction. Any size mesh with a maximum not over 4 x 8 foot rectangular front or 8 foot round hoop front.

a. Shall be raised and emptied except for bait once each 4-day period unless a longer period is granted by the department or its agents.

b. May not be used with any lead or wings.

c. Only commercial species of fish, cheese, blood, soybeans or other nonfish materials may be used as bait.

d. Additional restrictions are contained in s. NR 22.11

(6) Frame net or fyke net

(a) Sept. 1 thru June 1

1. Any size mesh not to exceed 4 x 8 foot front if rectangular or 8 foot diameter front if round, with a one or two leads.

a. Shall be raised and emptied once each 2-day period unless a longer period is authorized by the department or its agents.

b. May not contain any bait.

c. Additional restrictions are contained in s. NR 22.11.

(7) Slat nets

(a) Saturday nearest May 1 thru Oct. 31

1. Not more than 6 feet in length and not more than 72 inches in circumference, over-all dimensions and with one end closed with webbing of a mesh not less than one and one-fourth inches bar or square measure. Such webbing shall be attached in such a manner that the length, depth or width of each mesh is not decreased

a. Each net shall have attached a metal tag stamped to designate the kind of net and the number of the license.

b. May contain bait.

c. Restricted to the use of 50 nets per licensee.

d. All traps shall be lifted at least once every 2-day period, unless a longer period is granted by the department or its agents. Nets may not be set within 100 feet of any muskrat or beaver house.

e. Any slat net found in the waters during the closed season and any slat net found on the Wisconsin banks or shores without a tag showing evidence of being used in the last 5 months shall be seized and held subject to the order of the court or judge under ss. 29.931 and 29.934, Stats.

f. Additional restrictions are contained in s. NR 22.11

(8) Trammel net (Drift set)

(a) All year

1. Not more than 300 feet in length. No mesh size restriction.

a. May be used in a drifting manner only.

b. No person may fish with a dead set trammel net.

c. Trammel nets may not be left unattended.

d. Additional restrictions are contained in s. NR 22.11.

(9) Trammel net (Drive set)

(a) All year

1. Not more than 300 feet in length with a mesh of 7 inches stretch or larger.

a. Licensed commercial fisher or crew shall be in attendance when net is fished.

b. No person may fish with a dead set trammel net.

c. Additional restrictions are contained in s. NR 22.11

Wis. Admin. Code Department of Natural Resources NR 22.12

Cr. Register, March, 1982, No. 315, eff. 4-1-82; am. (1), Register, November, 1981, No. 371, eff. 12-1-86; am. (7), Register, December, 1993, No. 456, eff. 1-1-94; CR 10-053: am. Register December 2010 No. 660, eff. 1-1-11.