Chapter NR 13

NR 13.15(3)(a) (a) Any treaty rights participant using a setline shall place and maintain at one end of the setline a white flag 10 inches square or larger held by a pole or staff 3 feet or more above the surface of the water or bank. The flag may not be placed in the main channel of any navigable waterway.

NR 13.15(3)(b) (b) The flag shall be numbered with figures which are at least 3 inches high and which correspond to the number of the permit authorizing the setline’s use.

NR 13.15(3)(c) (c) The flag staff or pole may not be more than 2 1/2 inches in diameter and the portion of the staff extending above the water or bank shall be banded horizontally with alternate black and white markings 2 inches to 6 inches wide.

NR 13.15(3)(d) (d) When a buoy is used to hold the setline’s flag staff or pole, the buoy shall be cylindrical in shape, have a diameter of 15 inches or less, and be banded horizontally with alternate black and white markings 2 inches to 6 inches wide.

NR 13.15(4) (4) Tags required. Each set or bank pole shall have attached securely to it and each setline shall have attached securely to its flag staff or pole a metal tag stamped with the number of the permit authorizing its use.

NR 13.15(5) (5) Lines and hooks.

NR 13.15(5)(a) (a) Set or bank poles and setlines may not use stainless steel hooks.

NR 13.15(5)(b) (b) A set or bank pole may not be equipped with more than one line which may not have more than 2 hooks.

NR 13.15(5)(c) (c) A setline may have not more than 10 hooks when fished in open water, nor more than 20 hooks when fished under the ice.

NR 13.15(6) (6) Bait. All types of bait except live crayfish and live fish greater than 5 inches in length may be used on waters open to set or bank pole and setline fishing.

NR 13.15(7) (7) Frequency of lifting and hours.

NR 13.15(7)(a) (a) Each set or bank pole and setline shall be lifted and the catch removed at least once each day following the day it was set.

NR 13.15(7)(b) (b) No treaty rights participant may set, attend or lift a set or bank pole or setline between one-half hour after sunset and one hour before sunrise.

NR 13.15 History History: Cr. Register, May, 1991, No. 425, eff. 6-1-91.

NR 13.16 NR 13.16 Use of traps, seines, dip nets and fyke nets.

NR 13.16(1) (1) Permit required. No treaty rights participant may use, set, lift, attend or have in possession while on the inland waters any trap, seine or fyke net unless he or she possesses on his or her person a permit authorizing the use of the gear issued by the department. Each permit shall include a limitation on the number of fish to be taken so as to assure that the TQ is not exceeded.

NR 13.16(2) (2) General requirements.

NR 13.16(2)(a) (a) A trap, seine, dip net or fyke net permit authorizes the use of traps, seines, dip nets or fyke nets by the permittee.

NR 13.16(2)(b) (b) Permittees may share in the use of a trap, seine, dip net or fyke net permitted to another treaty rights participant.

NR 13.16(2)(c) (c) No treaty rights participant may possess sport angling equipment, or other harvest equipment requiring a permit, while engaged in setting, lifting or attending a trap, seine, dip net or fyke net.

NR 13.16(3) (3) Tags required. Each trap, seine or fyke net shall have attached securely to it a metal tag stamped with the number of the permit authorizing its use.

NR 13.16(4) (4) Frequency of lifting. Each trap or fyke net shall be lifted and the catch removed at least once each day following the day it was set.

NR 13.16(5) (5) Notice. The permittee shall notify the department 24 hours in advance prior to placement or use of traps, seines, dip nets or fyke nets in any lake.

NR 13.16 History History: Cr. Register, May, 1991, No. 425, eff. 6-1-91.

NR 13.17 NR 13.17 Use of spears.

NR 13.17(1) (1) Permit required. No treaty rights participant may use or have in possession while on the inland waters any spear unless he or she possesses on his or her person a permit issued by the department authorizing the use of a spear.

NR 13.17(2) (2) General requirements.

NR 13.17(2)(a) (a) Permittees may share in the use of a spear permitted to another treaty rights participant.

NR 13.17(2)(b) (b) No treaty rights participant may possess sport angling equipment, or other harvest equipment requiring a permit, while engaged in spearing.

NR 13.17(2)(c) (c) No treaty rights participant may use a spear unless it has a minimum of 3 barbed tines at least 4 1/2² long. Each tine shall have at least one barb which extends perpendicular from the tine at least 1/8². Smaller tines and barbs may be used when spearing for panfish.

NR 13.17(3) (3) Use restricted.

NR 13.17(3)(a) (a) No spear may be used on a body of water for which permits for the use of other harvesting equipment have been issued in accordance with s. NR 13.15, 13.16 or 13.18.

NR 13.17(3)(b) (b) No treaty rights participant may spear on open water unless notice of the spearing activity is first given to the department. The notice shall be given at least 4 hours before the spearing activity takes place.

NR 13.17(3)(c) (c) The department may require as a permit condition that treaty rights participants use only designated landings when engaged in spearing activity. When such is required, only designated landings may be used.

NR 13.17 History History: Cr. Register, May, 1991, No. 425, eff. 6-1-91.

NR 13.18 NR 13.18 Gill nets.

NR 13.18(1) (1) Permit required. Prior to gill netting, a treaty rights participant shall obtain a permit from the department allowing the use of gill nets. The permit shall be issued daily using the following procedures and contain the following information.

NR 13.18(1)(a) (a) Name of the person to whom issued.

NR 13.18(1)(b) (b) Lake name and county for which the permit is valid.

NR 13.18(1)(c) (c) Date the permit is valid.

NR 13.18(1)(d) (d) The maximum length in feet of gill net that can be fished by the permittee.

NR 13.18(1)(e) (e) The allowable number of each species for which a tribal quota has been established that the permittee may possess during the day.

NR 13.18(1)(f) (f) The specific mesh size (stretch mesh in inches) of gill net which the permittee is allowed to use.

NR 13.18(1)(g) (g) An appropriate form for reporting the nightly catch to the department.

NR 13.18(1)(h) (h) A unique permit number.

NR 13.18(2) (2) Issuance on walleye lakes. At the request of a tribal member, the department shall issue a daily permit allowing the use of a specified amount of gill net in a specified lake containing walleyes. The permit shall also limit the number of each species for which a tribal quota has been established that may be in possession during that day. The following procedures shall be used when issuing permits for lakes containing walleye.

NR 13.18(2)(a) (a) Permits may only be issued for waters for which cumulative tribal harvest has not exceeded the established TQ and for which the department has determined the average length of the spring walleye population.

NR 13.18(2)(b) (b) The maximum allowable length of gill net in feet which can be set shall be the allowable number of walleyes as shown on the permit multiplied by 10.

NR 13.18(2)(c) (c) The allowable mesh size measured in inches stretch mesh shall be determined from the spring walleye population average length and the following chart:

- See PDF for table

NR 13.18(2)(d) (d) The department may issue any number of permits for a given lake for each night, but the total number of any species for which a tribal quota has been established when totalled for all permits issued may not exceed the remaining tribal quota for that lake.

NR 13.18(3) (3) Issuance on non-walleye lakes. At the request of a tribal member, the department shall issue a daily permit allowing the use of gill nets in a specified lake. The permit shall limit the number of each species that may be in possession during that day consistent with limits established in s. NR 13.14. The following procedures shall be used when issuing permits:

NR 13.18(3)(a) (a) For species for which a TQ has been established, permits may only be issued for waters for which the cumulative tribal harvest has not exceeded the established TQ.

NR 13.18(3)(b) (b) The department may issue any number of permits for a given lake for each night, but the total number of any species for which a TQ has been established when totalled for all permits issued may not exceed the remaining TQ for that lake.

NR 13.18(4) (4) Gear restrictions. Treaty rights participants shall comply with the following regulations while using gill nets:

NR 13.18(4)(a) (a) All nets shall be marked with a buoy conforming to uniform marking requirements of the U.S. coast guard. In addition, the buoy shall be marked with the name and permit number of the treaty rights participant.

NR 13.18(4)(b) (b) Nets set with a topline within 3 feet of the surface shall be buoyed at 500 foot intervals.

NR 13.18(4)(c) (c) No part of the net may be set in water less than 10 feet in depth.

NR 13.18(4)(d) (d) All crayfish shall be removed from the nets and returned to the water or killed before taking the nets from the water.

NR 13.18(4)(e) (e) Nets may not be set before 5:00 p.m. and shall be completely removed from the water by 10:00 a.m. the following day. No nets may remain in the water other than during these times.

NR 13.18(5) (5) Waters open to gill netting.

NR 13.18(5)(a) (a) Gill nets may be used only in lakes over 1000 acres.

NR 13.18(5)(b) (b) For lakes containing walleye, only those over 1000 acres for which the department has spring fyke net samples to determine the average length of walleyes are open to gill netting. Only the 2 most recent spring sampling periods may be used.

NR 13.18 History History: Cr. Register, May, 1991, No. 425, eff. 6-1-91.

NR 13.19 NR 13.19 Reporting and monitoring.

NR 13.19(1) (1) All treaty rights participants fishing by permit shall complete catch reports in the manner required by the department.

NR 13.19(2) (2) If catch reports are not returned, the department may reduce the TQ by the maximum bag limit allowed to the non-reporting permittee.

NR 13.19(3) (3) The department may inspect and measure the catch of all permittees and monitor the setting and lifting of nets.

NR 13.19 History History: Cr. Register, May, 1991, No. 425, eff. 6-1-91.

NR 13.195 NR 13.195 Ice fishing with unattended lines.

NR 13.195(1) (1) No treaty rights participant may ice fish with unattended lines except in compliance with the following provisions:

NR 13.195(1)(a) (a) All unattended lines shall have attached a single iron hook with a maximum 1/2 inch point to shank gape;

NR 13.195(1)(b) (b) All unattended lines shall be of a biodegradable material and shall be securely anchored so as not to be dislodged by a hooked fish;

NR 13.195(1)(c) (c) All unattended lines shall be tagged with a valid identification tag obtained from the department indicating the member’s tribal affiliation and tribal identification number;

NR 13.195(1)(d) (d) Any treaty rights participant fishing with unattended lines shall, prior to doing so, inform the department of his or her name, address, phone number, and lakes upon which the participant intends to fish with unattended lines;

NR 13.195(1)(e) (e) Each unattended line shall be checked at least once every 24 hours unless severe weather conditions render it impractical to do so;

NR 13.195(1)(f) (f) No more than a total of 30 attended or unattended lines may be used in no more than 3 lakes at any one time; and

NR 13.195(1)(g) (g) All poles used for unattended lines shall be marked so as to be visible to vehicular traffic.

NR 13.195 History History: Cr. Register, May, 1991, No. 425, eff. 6-1-91.

NR 13.196 NR 13.196 Spearing and netting in streams.

NR 13.196(1) (1) The department in conjunction with the Chippewa bands may develop a list of streams and stream segments which have discrete in-stream populations. Upon development of a list, the department may issue permits for these waters pursuant to ss. NR 13.16, 13.17 and 13.18, subject to the requirements of those sections.

NR 13.196(2) (2) Permits shall be issued pursuant to s. NR 13.17 for no more than 4 boats and 12 spearers on any designated stream or stream segment. Treaty rights participants may spear from boats or by wading provided that only the designated landing is used for ingress and egress,

NR 13.196(3) (3) Notwithstanding s. NR 13.14, the following bag limits apply for sturgeon, muskellunge and walleye on designated stream segments:

NR 13.196(3)(a) (a) Sturgeon: one per night per stream (all boats)

NR 13.196(3)(b) (b) Muskellunge: one per boat per night

NR 13.196(3)(c) (c) Walleye: five per night per treaty rights participant

NR 13.196 History History: Cr. Register, May, 1991, No. 425, eff. 6-1-91.

subch. III of ch. NR 13 Subchapter III — Hunting and Trapping

NR 13.30 NR 13.30 Restrictions. Subject to the modifications and exceptions in s. NR 13.32 (1) and (2) the following provisions are applicable to treaty rights participants engaged in hunting or trapping: