Quotas, catch fees and special regulations

Quotas, catch fees and special regulations. (1) Lake Superior. (a) Lake trout. The total allowable annual harvest of lake trout by state and tribal commercial fishers and tribal home use fishers under par. (b) during the open season in WI−1 and WI−2 shall be determined by the department and approved by the natural resources board. The department shall subdivide the total allowable catch for WI-1 and WI-2 among state anglers, state commercial fishers, tribal commercial fishers, tribal home use, and department assessment. 1. ‘WI-1.’ The total allowable commercial and tribal home use harvest in WI−1 may not exceed 6,000 lake trout and shall be allocated as follows: a. That number of lake trout to be harvested by non−tribal licensed commercial fishers from the waters of WI−1 may not exceed 4,000 lake trout. b. That number of lake trout to be harvested by the Red Cliff and Bad River bands, including both commercial and tribal home use fishers, from the waters of WI−1 may not exceed 2,000 lake trout. 2. ‘WI-2.’ The department shall utilize the WI-2 lake trout population model for calculating the department recommendation for the total allowable commercial and home use harvest of lake trout. The recommendation for the total allowable commercial harvest for WI-2 shall be calculated at least every 3 years using the output from the population model. The population model shall use the following quantitative data for lake trout: commercial and recreational harvest; commercial and recreational fishing effort; adult lake trout index in spring fishery-independent survey; juvenile lake trout index in summer fishery-independent survey; age compositions of lake trout in commercial, recreational, and fishery-independent surveys; length at age; weight at age; maturity schedule; and sea lamprey mortality estimates. An appropriate exploitation rate based on recent harvest trends shall be applied to the model estimates, and the department may also account for mortality and presence of hatchery-origin fish in the system to reach the total allowable catch recommendation. a. For any given lake trout season after November 27, 2026, the total allowable commercial and tribal home use harvest in the waters of WI-2 will be determined under subd. 2. (intro.) . b. For 2024 through the open season ending September 30, 2026, the number of lake trout harvested by non-tribal licensed commercial fishers from waters of WI-2 may not exceed 7,500 lake trout and the number of lake trout to be harvested by the Red Cliff and Bad River bands, including both commercial and tribal home use fishers, from the waters of WI−2 may not exceed 44,500 lake trout. (am) Recall of lake trout tags. The department may recall tags furnished or authorized in accordance with sub. (3) , when necessary to implement a quota reduction. (b) Harvest of fish from Lake Superior for home use by Lake Superior Chippewas. Members of the Bad River and Red Cliff bands of Lake Superior Chippewas may harvest species of fish for which there is an open season during said season, under home use permits issued by their respective tribal councils. 1. Home use permits will be issued to the heads of households only, and only one permit will be issued to an individual. 2. Permittees are restricted to the use of no more than 350 feet of gill net and sale of fish pursuant to these permits is prohibited. These fishing activities shall be restricted to waters adjacent to the reservations of the Bad River and Red Cliff bands, and during the closed season for lake trout no part of any net may extend beyond one-quarter mile from the shoreline of those waters. 3. In no instance may a boat fish both commercial and home use nets at the same time. If such home use nets are fished by a commercial licensee, those nets must be labeled as home use and must be marked in the same manner as required for commercial nets under s. NR 25.09 . 4. Permittees shall limit the use of gill nets to mesh sizes of 2 3/ ₄ inch stretch measure or smaller, and 4 1/ ₂ inch stretch measure or larger. 5. All game fish harvested under permits issued under this section shall be tagged in accordance with sub. (3) . The Bad River and Red Cliff bands shall provide quarterly home use harvest reports on forms supplied by the department. (c) Cisco. The total allowable annual harvest of cisco by state and tribal fishers during the open season in Wisconsin waters of Lake Superior may not exceed 1,794,000 round weight pounds, as determined by the department and tribes and: 1. The total allowable state harvest of cisco in the waters of Lake Superior may not exceed 897,000 round weight pounds in a calendar year. A portion of the state allowable harvest shall be reserved for recreational harvest and assessment purposes. 2. The total harvest of cisco by state licensed commercial fishers may not exceed 890,000 round weight pounds. 3. The total harvest of cisco by state recreational fishers and from department assessment activities shall not exceed 7,000 round weight pounds. 4. The total allowable harvest by the Red Cliff and Bad River bands, including both commercial and tribal home use fishers in the waters of Lake Superior, may not exceed 897,000 round weight pounds in a calendar year. (2) Lake Michigan and Green Bay. (a) Chubs. The total allowable annual commercial harvest of chubs in Wisconsin waters of Lake Michigan shall be determined by the natural resources board based on recommendations from the department. 1. The total allowable commercial harvest for any license year may not exceed 3,600,000 pounds. 2. No more than 600,000 pounds of the total allowable commercial harvest for any license year may be taken in the northern chub fishing zone. 3. No more than 3,000,000 pounds of the total allowable commercial harvest for any license year may be taken in the southern chub fishing zone. 4. The department reserves 100,000 pounds of the total allowable annual commercial harvest of chubs to be used for special assessment. (b) Yellow perch. The total allowable annual commercial harvest of yellow perch in Wisconsin waters of Lake Michigan and Green Bay shall be determined by the natural resources board based on recommendations from the department. 1. The total allowable commercial harvest in zone 1 for any license year may not exceed 100,000 pounds. 2. The total allowable commercial harvest in zone 2 for any license year may not exceed 4,655 pounds. 3. The total allowable commercial harvest in zone 3 for any license year may not exceed 107,345 pounds. (c) Smelt. 1m. The total allowable annual commercial harvest of smelt in Wisconsin waters of Lake Michigan and Green Bay shall be determined by the natural resources board based on recommendations from the department. 2m. The total allowable commercial harvest of smelt in any license year may not exceed 1,000,000 pounds in Lake Michigan and Green Bay, of which no more than 25,000 pounds may be taken from Green Bay. (d) Menominees. 1. The total allowable annual commercial harvest of menominees in Wisconsin waters of Lake Michigan and Green Bay shall be determined by the natural resources board based on recommendations from the department. 2. The total allowable commercial harvest of menominees in Lake Michigan and Green Bay may not exceed 75,000 pounds in any license year, with no more than 1,000 pounds to be taken from zone 1, 46,000 pounds from zone 2 and 28,000 pounds from zone 3. (e) Whitefish. 1. The total allowable annual commercial harvest of whitefish in Wisconsin waters of Lake Michigan and the total allowable annual commercial harvest of whitefish in Wisconsin waters of Green Bay shall be determined by the natural resources board based on recommendations from the department and results from Green Bay and Lake Michigan whitefish population models described under subd. 2. a. 2. a. The department shall utilize the Green Bay whitefish population model for calculating the department recommendation for the total allowable commercial harvest of lake whitefish in Green Bay and shall utilize the Lake Michigan whitefish population model for calculating the department recommendation for the total allowable commercial harvest of lake whitefish in Lake Michigan. The recommendation for the total allowable commercial harvest for each area shall be calculated every three years using output from the population models. The population models shall use the following quantitative data for each whitefish management unit: weight at age, length at age, maturity schedule, trap net harvest by weight, trap net fishing effort by number of lifts, age composition of whitefish caught in trap nets, gill net harvest by weight, gill net fishing effort by number of lifts, age composition of whitefish caught in gill nets, recreational harvest by numbers, recreational fishing effort by angler hours, age composition of recreationally caught whitefish, and, in Green Bay, young-of-the-year index survey. An appropriate exploitation rate based on recent harvest trends shall be applied to the Green Bay and Lake Michigan model estimates, respectively, and the department may also account for whitefish mortality to reach the total allowable commercial harvest recommendation for Green Bay and the total allowable commercial harvest recommendation for Lake Michigan. b. For the 2022 and 2023 license years, the allowable harvest for zone 1 shall not exceed 48.4148% of the total allowable commercial harvest of whitefish in Green Bay determined under subd. 2. a. or 569,788 pounds. For any given license year after December 31, 2023, the allowable harvest for zone 1 shall not exceed 67.9758% of the total allowable commercial harvest of whitefish in Green Bay determined under subd. 2. a. or 800,000 pounds, whichever is less. For any given license year, the allowable harvest for zone 3 shall not exceed 43.9135% of the total allowable commercial harvest of whitefish in Lake Michigan determined under subd. 2. a. or 351,487 pounds, whichever is less, and the allowable harvest for zone 2 shall consist of the total allowable commercial harvest for Green Bay less the allowable harvest for zone 1 plus the total allowable commercial harvest for Lake Michigan less the allowable harvest for zone 3, and shall be implemented in accordance with subd. 2. c. and s. NR 25.07 (2) (e) 5. c. If the allocation for zone 2 exceeds the allowable harvest for zone 2 produced by the Green Bay and Lake Michigan population models as described under subd. 2. b. , the adjusted amount of whitefish that may be allocated to the Green Bay waters of zone 2 shall be calculated by the following formula: [X + ((zone 2 recommended allocation – (X+Y))*(X/(X+Y)))], and the adjusted amount of whitefish that may be allocated to the Lake Michigan waters of zone 2 shall be calculated by the following formula: [Y + ((zone 2 recommended allocation – (X+Y))*(Y/(X+Y)))], where X is the difference between the Green Bay total allowable commercial harvest calculated under subd. 2. a. and the zone 1 allowable harvest under subd. 2. b. , and Y is the difference between the Lake Michigan total allowable commercial harvest calculated under subd. 2. a. and the zone 3 allowable harvest under subd. 2. b. For accuracy, decimals shall be rounded to nearest sixth decimal place. d. For the 2022 and 2023 license years, the Green Bay total annual allowable commercial harvest shall be 1,176,889 pounds, the Lake Michigan total annual allowable commercial harvest shall be 800,407 pounds, the zone 1 annual allowable harvest shall be 569,788 pounds, the zone 2 annual allowable harvest shall be 1,056,021 pounds, and the zone 3 annual allowable harvest shall be 351,487 pounds. (3) Tagging of fish. All harvested fish species or subspecies required to be tagged in accordance with this section shall be tagged with tags furnished or authorized by the department upon completing the net lift and before being transported by boat when fishing in open water and before being transported when fishing with nets under ice. Fish shall be individually tagged. (a) Tags authorized shall be approved in writing by the secretary of the department and shall conform to the following minimum specifications: 1. Tags shall be individually, serially numbered in nonrepeating number series. 2. Tags shall be color-coded by lake trout open season in a color which does not repeat in the next consecutive lake trout open season. 3. Tags shall include an appropriate state or tribal identification. 4. Tags shall only be ordered in a number sufficient to limit the harvest to a biologically determined quota. 5. Issuing authorities shall maintain records of tag allotments to individual fishers by tag serial numbers. Tag records shall be open to inspection by state conservation wardens during regular office hours. 6. Tags are valid for use only for the lake trout open season for which they are issued. (b) Untagged fish may not be left unattended. (c) Untagged fish may not be transferred between watercraft. (d) Tags shall be locked and remain attached to fish until prepared for final consumption. Tags shall remain with smoked or filleted fish until sold to final consumers. Commercial fishers of the outlying waters or licensed wholesale fish dealers shall not be considered final consumers and must be in possession of tags for smoked and filleted fish. (e) Tags provided or authorized by the department for tagging fish may not be transferred, except when transferring a lake trout quota allotment as provided in s. NR 25.07 (1) (a) 2. to another licensee. (f) No person may possess or use tags furnished or authorized by the department for tagging fish which have been modified or tampered with. (g) No treaty fisher may lift nets in Wisconsin waters while in possession of tags issued by another tribe or jurisdiction.