NR 13.04(4)
(4)
General restrictions. Subject to the modifications and exceptions in s.
NR 13.04 (5), the following provisions shall be applicable to treaty rights participants:
NR 13.04(4)(a)13.
13. Section
29.855, Stats. Possession, sale, release and destruction of live skunks.
NR 13.04(4)(a)27.
27. Section
29.865, Stats. Pheasant and quail farms; department control; shooting license.
NR 13.04(4)(a)32.
32. Section
29.879, Stats. Humane, adequate and sanitary care of wild animals.
NR 13.04 Note
Note: Section NR 19.07 was repealed eff. 11-1-03.
NR 13.04(5)(a)
(a) Equipment use. Treaty rights participants may not share fishing, trapping, hunting or spearing gear with nontribal members and may not permit nontribal members to tend their gear.
NR 13.04(5)(b)
(b) Assisting. No person other than treaty rights participants may assist with or otherwise tend the fishing, trapping, hunting or spearing gear of treaty rights participants.
NR 13.04(5)(c)
(c) Tag and permit use. Tags and permits issued or authorized by the department for use by treaty rights participants may not be transferred to or possessed by nontreaty rights participants unless specifically authorized by this chapter.
NR 13.04(5)(d)
(d) Off-reservation land. Treaty rights participants may not hunt on the following public lands:
NR 13.04(5)(d)2.
2. School forests, landfills and gravel pits where deer hunting is prohibited and where notice of the prohibition is clearly posted;
NR 13.04(5)(d)3.
3. Land within incorporated areas except at the time and in the manner that hunting is allowed by the appropriate unit of government;
NR 13.04(5)(d)4.
4. Any state park except those parks where deer gun or archery is permitted, subject to the provisions of s.
NR 13.38.
NR 13.04(5)(d)5.
5. Any other public land on which hunting or shooting is prohibited for public safety purposes.
NR 13.04 History
History: Cr.
Register, February, 1990, No. 410, eff. 3-1-90; corrections in (1) (a) 16. to 26., 28. to 43., 44. to 60., (2) (a) 8. to 15., (3) (g) to (o), and (4) (a) 2. to 33. made under s. 13.93 (2m) (b) 7., Stats.,
Register November 2001 No. 551; corrections in (1) (a) 50. and 54., (b) 2. and (4) (a) 12. made under s. 13.92 (4) (b) 7., Stats.,
Register May 2011 No. 665.
NR 13.05
NR 13.05
Exceptions and modifications to s. NR 13.04. NR 13.05(1)(1)
Seasons and bag limits. Whenever a regulatory provision incorporated by this chapter in s.
NR 13.04 refers to a season, possession limit or bag limit, the season, possession limit or bag limit of this chapter supersedes any other administrative code.
NR 13.05(2)
(2)
Transportation. The transportation restrictions in s.
29.357 (1), Stats., shall apply only to fresh fish. In s.
29.047, Stats., a tribal identification card may be substituted for a license.
NR 13.05(3)
(3)
Closed seasons. For the purpose of s.
29.071, Stats., and s.
NR 19.12, the state's general closed season is applicable to the removal of fish and game from the reservation on which it has been harvested.
NR 13.05(4)(a)(a) Public nuisances. Section
29.927, Stats., is applicable only to the extent the articles are possessed or used in violation of this chapter.
NR 13.05(4)(b)
(b) Approval necessary. The restrictions of s.
29.354 (1), Stats., are not applicable to treaty rights participants with appropriate tribal identification.
NR 13.05(5)
(5)
Prosecutions. The department may, at its discretion or by agreement with the bands, refer prosecutions of treaty rights participants to the appropriate tribal court. If this is done, tribal penalties shall apply.
