29.516 Fishing with nets and setlines.
(1) License required. Nets and setlines may be used for the purpose of taking, catching, or killing fish, subject to the conditions, limitations and restrictions prescribed in this chapter; but no person may set, place or use in any waters of this state any net, trap, snare, set hook, or setline, which is intended to or might take, catch or kill fish of any variety, other than a landing net, dip net, minnow seine or minnow dip net, unless a license authorizing the use of nets, setlines, traps or snares has been issued to the person by the department.
(2) Restrictions on the use of licensed nets and setlines. The use of licensed nets and setlines is subject to the following conditions:
(a) No apron or other device shall be used in any pound net, which might prevent the escape of small fish through the meshes of the net when it is set or raised.
(b) No net of any kind shall be set so as to shut off more than 50 percent of any channel or passageway of any stream, or set within 1,000 feet of any other net in the stream.
(c) No licensee may join a net to that of any other licensee.
(d) All nets or set hooks, when set or placed in any waters, shall be marked with a number corresponding to the license number authorizing the use of the nets or set hooks. The method of marking the nets shall be as follows:
1. On drop nets, submarine trap nets and fyke nets, when set below the surface of the water, there shall be a buoy attached to the pot rope, on all gill nets and set hooks there shall be a buoy on each end of the gang, the buoys shall have a staff extending at least 3 feet above the surface of the water, upon the upper end of the staff there shall be a flag at least 10 inches square. Upon the bowl of the buoys there shall be maintained in plain figures the license number authorizing the use of the nets or set hooks.
2. On pound nets and stake fyke nets there shall be maintained at least 3 feet above the surface of the water, or the surface of the ice, when set through the ice, a board or similar material, which shall bear the license number authorizing the use of the nets.
3. On gill nets or set hooks when set through the ice there shall be maintained on each end of the gang a board or similar material which shall bear the license number authorizing the use of the nets or set hooks.
(e) The licensees of licensed nets or setlines used in outlying waters while engaged in the regular process of lifting nets or setlines shall, on their boats, carry the department's agents to and from their nets or setlines when set and, on demand of the agent, shall raise the nets or setlines for inspection. Any agent may, in the presence or absence of the licensees, at any time, raise any setline or nets, in any waters, with as little damage as may be, for inspection. If a licensee refuses to carry an agent the license shall be revoked.
(f) No licensed net may be drawn or lifted at any time between one hour after sunset and one hour before sunrise of the following morning, except as otherwise approved by the department or, in the case of an emergency, following notice to the nearest U.S. coast guard station.
(g) Except as provided in s. 29.519 (4m), no fish of any kind shall be taken or retained in any net, when drawn or lifted, other than the kind or kinds expressly authorized to be taken or retained in the net, as provided in this chapter; and except as provided by department order any other kind or kinds of fish coming into or taken in the nets shall be immediately returned, carefully and with as little injury as possible, to the waters from which they were taken.
(3) Exemption. This section does not apply to any net, trap, snare, hook, setline or other device used to take, catch or kill farm-raised fish.
History: 1971 c. 266; 1975 c. 360, 422; 1977 c. 418; 1983 a. 192 ss. 77, 303 (6); 1985 a. 29; 1991 a. 39, 316; 1993 a. 409; 1997 a. 27; 1997 a. 248 ss. 458, 459; Stats. 1997 s. 29.516.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 29 - Wild animals and plants.
29.011 - Title to wild animals.
29.014 - Rule-making for this chapter.
29.016 - Department authority; deer hunting seasons and license restrictions.
29.020 - Deer management assistance program.
29.024 - Approvals; forms; issuing agents.
29.03 - Wildlife violator compact.
29.035 - Report of department.
29.036 - Sporting heritage council.
29.037 - Fish and wildlife restoration.
29.038 - Local regulation of wild animals.
29.040 - Deer management report rules.
29.041 - Department to regulate hunting and fishing in interstate waters.
29.042 - Agreements to retire licenses.
29.045 - Interstate license privileges.
29.047 - Interstate transportation of game.
29.053 - Specific open and closed seasons.
29.055 - Wild animals; possession in closed season or in excess of bag limit.
29.057 - Wild animals; possession in open season.
29.063 - Management of chronic wasting disease.
29.071 - Wildlife on Indian reservations protected.
29.075 - Hunting, trapping and fishing by American Indians.
29.079 - Deer hunting by practitioners of Ho-Chunk religion.
29.083 - Interference with hunting, fishing or trapping.
29.084 - Incentives for recruitment.
29.088 - Use of poison and explosives; pole traps.
29.089 - Hunting, fishing, and trapping on land in state parks and state fish hatcheries.
29.091 - Hunting or trapping in wildlife refuge.
29.095 - Hunting on land in a school forest.
29.161 - Resident small game hunting license.
29.164 - Wild turkey hunting approvals.
29.171 - Resident archer hunting license.
29.172 - Resident crossbow hunting license.
29.173 - Resident deer hunting license.
29.177 - Special deer hunting permits.
29.179 - Transfer of approvals to minors and disabled persons.
29.180 - Transfers of approvals upon death.
29.181 - Bonus deer hunting permits.
29.182 - Elk hunting licenses.
29.183 - Deferral of certain approvals.
29.185 - Wolf harvesting licenses.
29.192 - Regulation of takings of certain wild animals.
29.193 - Approvals for disabled persons.
29.194 - Resident approvals for certain nonresidents and members of the armed forces.
29.1945 - Approvals for veterans and military members.
29.195 - Disabled veterans, Great Lakes Naval Hospital.
29.197 - Waivers of certain approvals.
29.199 - Authorizations for certain patients and institutionalized persons to fish.
29.201 - Waiver of fishing license requirement for groups of disabled persons.
29.204 - Nonresident annual small game hunting license.
29.207 - Nonresident 5-day small game hunting license.
29.211 - Nonresident deer hunting license.
29.213 - Nonresident fur-bearing animal hunting license.
29.216 - Nonresident archer hunting license.
29.217 - Nonresident crossbow hunting license.
29.219 - Resident fishing licenses.
29.228 - Nonresident fishing licenses.
29.2285 - Fishing stamps and tags.
29.229 - Fishing approvals issued by the Lac du Flambeau band.
29.2295 - Department approvals issued on the Lac du Flambeau reservation.
29.2297 - Federal approvals for hunting, trapping, and fishing.
29.235 - Conservation patron license.
29.236 - Annual disabled veteran recreation card.
29.237 - Sturgeon spearing license.
29.301 - General restrictions on hunting.
29.304 - Restrictions on hunting and use of firearms by persons under 16 years of age.
29.307 - Hunting with aid of aircraft prohibited.
29.311 - Shotshell restrictions.
29.312 - Rules regulating the sighting of a firearm.
29.317 - Taking homing pigeons.
29.322 - Taking certain wounded animals.
29.327 - Regulation of waterfowl blinds.
29.334 - Hunting and trapping; treatment of wild animals.
29.335 - Feeding wild animals for nonhunting purposes.
29.337 - Hunting and trapping by landowners and occupants.
29.341 - Duties on accidental shooting.
29.345 - Hunting, fishing or trapping accident; failure to report.
29.346 - Registration information.
29.347 - Possession of deer and elk; heads and skins.
29.349 - Animals killed by motor vehicles.
29.351 - Skins of fur-bearing animals.
29.354 - Possession of game birds and animals.
29.357 - Transportation; general provisions.
29.361 - Transportation of deer or elk.
29.364 - Transportation of game birds.
29.401 - Possession of fishing equipment.
29.404 - Fishing shanties on ice, regulation.
29.405 - Fishing with bow and arrow or crossbow.
29.407 - Transportation of fish.
29.411 - Cooperation during a fish census.
29.414 - Erection of barriers to exclude rough fish.
29.417 - Permit to take rough fish.
29.421 - Removal of rough fish.
29.424 - Control of detrimental fish.
29.501 - Fur dealers regulated.
29.503 - Wholesale fish dealer license.
29.514 - Outlying water sport trolling licenses.
29.516 - Fishing with nets and setlines.
29.519 - Commercial fishing in outlying waters.
29.522 - Description of nets; use of.
29.523 - Net licenses, Mississippi and St. Croix rivers.
29.526 - Slat net fishing in the Mississippi River.
29.529 - Trammel net fishing in the Mississippi River.
29.531 - Set or bank pole licenses.
29.533 - Setline licenses; inland waters.
29.535 - Shovelnose sturgeon permit.
29.537 - Clams, clamming and commercial clamming.
29.539 - Sale of wild animals.
29.541 - Serving of game to guests.
29.564 - Voluntary contributions; invasive species grants.
29.565 - Voluntary contributions; venison and wild turkey processing and donation program.
29.566 - Collection, retention, and deposit of fees.
29.567 - Voluntary contributions; elk research.
29.591 - Hunter education program and bow hunter education program.
29.592 - Hunting mentorship program.
29.593 - Requirement for certificate of accomplishment to obtain hunting approval.
29.595 - Elk hunter education program.
29.597 - Trapper education program.
29.598 - Outdoors skills training.
29.604 - Endangered and threatened species protected.
29.614 - Scientific collector permit.
29.617 - Public hunting and fishing grounds.
29.624 - Senior citizen recreation card.
29.627 - Domestic fur-bearing animal farms.
29.630 - Raffling lake sturgeon from state fish hatcheries.
29.701 - Propagation of fish; protected wild animals.
29.705 - Propagation of fish; removal of fish.
29.707 - Propagation of fish; department rules.
29.709 - State fish hatcheries.
29.713 - Trespass to state fish hatchery.
29.717 - Trespass on riparian land.
29.733 - Natural waters used in fish farms.
29.734 - Barriers required for fish farms.
29.737 - Permit for private management.
29.738 - Private fishing preserves.
29.739 - Grants for walleye production.
29.740 - Contracts for walleye production.
29.741 - Food in the wild for game birds.
29.749 - Horicon marsh fur farm and dam.
29.753 - Importation of wild elk.
29.875 - Disposal of escaped deer or elk.
29.885 - Removal of wild animals.
29.886 - Management of double-crested cormorants.
29.887 - Wildlife control in urban communities.
29.888 - Wolf depredation program; wolf damage claims.
29.889 - Wildlife damage abatement program; wildlife damage claim program.
29.89 - Venison and wild turkey processing and donation program.
29.921 - Warrants; arrests; police powers.
29.924 - Investigations; searches.
29.934 - Sale of confiscated game and objects.
29.936 - Distribution of fish and game to food distribution services.
29.938 - Use by the department of unclaimed, seized, or confiscated property.
29.941 - Assistance of law enforcement officers.
29.944 - Exemption from liability.
29.947 - Law enforcement aid program; spearfishing.
29.954 - False impersonation of warden.
29.957 - Breaking seals of department.
29.961 - Incorrect information.
29.962 - Worthless checks for approvals.
29.964 - Falsification or illegal possession of approvals.
29.967 - Prohibitions during periods of suspension or revocation.
29.969 - Larceny of wild animals.
29.971 - General penalty provisions.
29.972 - Revocation; failure to comply.
29.973 - Commercial fish reporting system.
29.974 - Penalties; repeaters.
29.977 - Civil actions for damages caused by law violations.
29.981 - Parties to a violation.
29.983 - Wild animal protection surcharges.
29.984 - Commercial fish protection surcharge.
29.985 - Fishing shelter removal surcharge.
29.987 - Natural resources surcharge.
29.989 - Natural resources restitution surcharge.
29.99 - Wildlife violator compact surcharge.