It all depends. If you’re using a big golden shiner with a treble hook to fish for perch, you’ll have a hard time convincing the warden that you’re not targeting gamefish. WI fishing regs state that it is illegal to target fish that are out of season, even if you release them immediately. Here’e the text from page 7 of the 04/05 regs:
It is illegal…..to fish for a species of fish during the closed season for that species (includes catch and
release fishing).
Now if your tip-up is baited with a small fathead and a #6 hook, you might be able to convice the warden that you’re really using your tip-up to fish for perch or crappies. You’ll have to decide for yourself if you’re honestly fishing for panfish using your tip-ups, or if you’re really out there to catch some out-of-season pike or bass.