Chapter NR 13

NR 13.37(6)(b)4. 4. The department shall issue fisher carcass tags in an amount sufficient to harvest the tribal quota for each fisher management zone. The number of permits for each zone shall be determined by using treaty rights participant trapping success rate data.

NR 13.37(6)(c) (c) Application procedures. Treaty rights participants may obtain a single bobcat and fisher carcass tag and 2 otter carcass tags from the department on a first-come, first-served basis prior to or during the open season for the species the tag is applied for by requesting such tags from the department. Provided treaty tags are available, treaty participants may apply for and receive another tag if they have utilized previously issued tags and the registration certification slip accompanies the application. The request shall include the species to be trapped, the name and address of the individual and a copy of the individual’s tribal photo identification card.

NR 13.37(6)(d) (d) Tagging. Each treaty rights participant shall immediately upon possessing a bobcat, otter or fisher affix a tag issued under this section through the opening of the mouth to the opening of the eye immediately beneath the skin. No person may have a bobcat, otter or fisher pelt in possession or under control unless the tag is attached in the manner described.

NR 13.37(6)(e) (e) Bobcat and fisher carcass retention. Bobcat and fisher pelts shall be separated from the carcass and both the pelt and carcass shall be presented to the department for registration within 10 days after it is killed. The bobcat and fisher carcass may be retained by the department for research purposes.

NR 13.37(6)(f) (f) Registration stations. Bobcat, otter and fisher shall be registered at department stations or by any state conservation warden. Registrants will receive a certification slip which may be used to obtain additional tags.

NR 13.37(6)(g) (g) Possession restrictions. No person may possess raw bobcat, otter or fisher pelts taken by treaty rights participants more than 10 days after the close of the season until the opening date of the following season unless a valid registration tag has been attached and locked by the department.

NR 13.37(6)(h) (h) Transactions. No person may transfer, give, trade, sell or purchase any bobcat, fisher or otter pelt taken by treaty rights participants unless a valid registration tag has been attached in the manner specified in par. (d) and locked through the opening of the eye of each pelt by the department.

NR 13.37(6)(i) (i) Nontransfer. Tags issued under this section to treaty rights participants may not be transferred to any person other than another treaty rights participant.

NR 13.37 History History: Cr. Register, February, 1990, No. 410, eff. 3-1-90; am. (6) (b) 2., Register, May, 1992, No. 437, eff. 6-1-92.

NR 13.38 NR 13.38 Modifications to administrative code relating to deer hunting.

NR 13.38(1) (1) Deer season. The deer season shall begin the day after Labor Day and continue through December 31.

NR 13.38(2) (2) Tribal antlerless deer quota.

NR 13.38(2)(a) (a) Minimum antlerless deer harvest limit. The tribal antlerless deer quotas for each management unit located in part or whole within the ceded lands territory shall be at least 25 deer.

NR 13.38(2)(b) (b) Maximum antlerless deer harvest limit. The maximum tribal harvest limit in forest zones established in s. NR 10.28 (4) shall be calculated according to the following formula:

The management unit deer harvest quota as calculated under s. NR 10.104 (7) x 50%.

NR 13.38(2)(c) (c) Tribal requests and past harvest performance. Tribal quotas for each deer management unit shall be based on annual requests from the Chippewa bands submitted to the department by June 15, the tribe’s past harvest performance and may not exceed the maximum harvest limit specified in par. (b).

NR 13.38(3) (3) Deer hunting tags.

NR 13.38(3)(a) (a) Requirements and issuance procedures. Prior to killing any deer, treaty rights participants shall obtain a numbered metal carcass tag from the department. No more than 2 carcass tags may be issued at a time to any individual treaty rights participant. Treaty rights participants may receive additional tags by presenting a registration form completed by a department registration station indicating that a tag has been used.

NR 13.38(3)(b) (b) Tagging requirement. All deer regardless of sex shall be tagged with a valid metal carcass tag immediately upon killing and before field dressing or moving the deer. For a deer to be properly tagged, the tag shall be placed through the ear and locked. Failure to attach the tag in this manner renders possession of the deer illegal.

NR 13.38(4) (4) Antlerless deer.

NR 13.38(4)(a) (a) Permit requirement. In addition to the tag requirement specified under sub. (3), treaty rights participants shall obtain an antlerless deer permit from the department prior to killing any antlerless deer.

NR 13.38(4)(b) (b) Possession in field requirement. No treaty rights participant may shoot an antlerless deer without being in possession of a valid antlerless deer permit for the management unit where the deer is located at the time of shooting.

NR 13.38(4)(c) (c) Permit validity. Antlerless deer permits shall be valid only in the management unit specified on the permit.

NR 13.38(4)(d) (d) Issuance procedures. The antlerless deer permits will be issued on a first-come, first-served basis according to the following conditions:

NR 13.38(4)(d)1. 1. Up to 2 antlerless deer permits may be issued to any treaty rights participant at any one time.

NR 13.38(4)(d)2. 2. Treaty rights participants may receive additional permits only by presenting a registration form completed by a department registration station indicating that an antlerless deer has been registered or upon presentation of an unused, expired permit.

NR 13.38(4)(d)3. 3. Any antlerless deer taken by bow or crossbow shall be counted against the tribal antlerless deer quota.

NR 13.38(4)(d)4. 4. The department shall issue antlerless deer permits in an amount sufficient to harvest the tribal quota for each management unit. The number of permits for each management unit shall be determined by using tribal hunter success data.

NR 13.38(4)(d)5. 5. Antlerless deer permits applicable to a management unit where 50% of the quota has not been harvested shall be valid only for 14 days, including the day of issuance, or until harvest of an antlerless deer.

NR 13.38(4)(d)6. 6. Antlerless deer permits applicable to a management unit where 50% of the quota has been reached shall be valid only for 7 days including the day of issuance or until harvest of an antlerless deer.

NR 13.38(4)(d)7. 7. No permit will be valid beyond December 31.

NR 13.38(4)(d)8. 8. An antlerless deer permit shall include the date of issuance and expiration and the applicable management unit.

NR 13.38(4)(d)9. 9. Each antlerless deer permit is valid for only one antlerless deer and expires upon the harvest of an antlerless deer.

NR 13.38(4)(d)10. 10. No more than 2 unused antlerless deer permits may be possessed by a treaty rights participant at any one time.

NR 13.38(4)(d)11. 11. Each antlerless deer permit shall bear a number corresponding to the number found on the carcass tag issued to a treaty rights participant.

NR 13.38(5) (5) Department hours. Tags and antlerless deer permits shall be issued during normal weekday working hours at department district or area offices within the ceded territory or at other designated department offices.

NR 13.38(6) (6) Registration.

NR 13.38(6)(a) (a) Antlerless deer. Treaty rights participants shall register all antlerless deer at a department authorized registration station in the management unit where the deer is killed or in an adjoining unit provided the deer is transported directly to a station in that adjoining unit no later than 5:00 p.m. on the third working day after the deer is killed. Upon registration of an antlerless deer, the antlerless deer permit shall be retained by the registration station.

NR 13.38(6)(b) (b) Antlered deer. Treaty rights participants shall register antlered deer at a department authorized registration station within the ceded territory by 5:00 p.m. on the third working day after the deer is killed.

NR 13.38(7) (7) Deer hunting in state parks and recreational areas. Where deer hunting is permitted in a state park or recreational area, gun hunting by treaty rights participants is allowed during the state gun deer season through December 31.

NR 13.38(8) (8) Tribal identification card. Each treaty rights participant shall possess a tribal identification card and a carcass tag while hunting deer.

NR 13.38 History History: Cr. Register, February, 1990, No. 410, eff. 3-1-90; am. (1), (2) (b), (4) (d) 7., Register, May, 1992, No. 437, eff. 6-1-92; CR 13-071: am. (2) (b) Register July 2015 No. 715, eff. 8-1-15.

NR 13.40 NR 13.40 Modifications to administrative code relating to handguns and crossbows.

NR 13.40(1) (1) Handguns. Treaty rights participants may possess handguns authorized by s. NR 10.09 (1) (c) 1. c. in addition to other types of permissible firearms while hunting deer and bear.

NR 13.40(2) (2) Crossbows. Treaty rights participants may hunt with cross bows which meet the requirements of s. 29.171 (4) (b), Stats.

NR 13.40 History History: Cr. Register, February, 1990, No. 410, eff. 3-1-90; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register February, 2001 No. 551.

NR 13.42 NR 13.42 Modifications to administrative code relating to baiting hours and highways.

NR 13.42(1) (1) Baiting. Treaty rights participants may use bait not authorized in s. NR 10.07 (1) (g), including salt, but except honey provided the bait is marked with a metal identification tag stating the treaty rights participant’s name, address and tribal affiliation and attached to the nearest tree at eye level and directly facing the bait. All solid material shall be confined to a hole in the ground measuring no more than 2 feet square.

NR 13.42 Note Note: Section NR 10.07 (1) (g) was repealed eff. 5-1-05.

NR 13.42(2) (2) Highways.

NR 13.42(2)(a) (a) Treaty rights participants may possess loaded and uncased firearms and strung and unenclosed bows in a stationary vehicle provided that the vehicle is parked off the highway and more than 50 feet from the roadway’s center.

NR 13.42(2)(b) (b) Treaty rights participants may load, fire or shoot a firearm or bow in or from a stationary vehicle provided the vehicle is parked off the highway and more than 50 feet from the roadway’s center.

NR 13.42(2)(c) (c) The exemptions of pars. (a) and (b) are not applicable during the state gun deer season.

NR 13.42(3) (3) Shooting hours. No shooting hours apply for any open season authorized by this chapter from March 1 through August 31.

NR 13.42 History History: Cr. Register, February, 1990, No. 410, eff. 3-1-90; CR 16-028: am. (3) Register July 2017 No. 739, eff. 8-1-17.

NR 13.44 NR 13.44 Modifications to administrative code relating to bear hunting.

NR 13.44(1) (1) Bear season. The tribal bear hunting season shall begin on the day after Labor Day and continue through October 31. Both bait and dogs may be used.

NR 13.44(2) (2) Tribal bear quota. The tribal bear quotas for each black bear hunting zone established in s. NR 10.30, located in part or whole within the ceded lands territory shall be based upon the following:

NR 13.44(2)(a) (a) Tribal request and past performance. Tribal bear quotas shall be established based on requests from the Chippewa bands submitted to the department by June 15, the tribe’s past harvest performance and may not exceed the maximum limit specified in par. (b).

NR 13.44(2)(b) (b) Maximum bear harvest limit. The maximum tribal harvest limit shall be calculated according to the following formula:

The bear harvest quota, as calculated under s. NR 10.102 (1), x% public land acreage (including forest crop land and managed forest land open to public hunting) x 50%.

NR 13.44(3) (3) Bear hunting permits.

NR 13.44(3)(a) (a) The department shall issue to treaty rights participants bear harvest permits in an amount sufficient to harvest the tribal quota established in sub. (2) for each black bear hunting zone. The number of permits for each black bear hunting zone shall be determined by using tribal hunter success rate data.

NR 13.44(3)(b) (b) No treaty rights participant may kill a bear unless in possession of a valid permit and carcass tag at the point of kill. Permits shall be valid only in the designated black bear hunting zone.

NR 13.44(3)(c) (c) The department shall issue metal carcass tags and bear harvest permits to treaty rights participants upon presentation of the tribal photo identification card. No more than one metal carcass tag may be issued to a participant at a time. An additional metal carcass may be issued to a treaty rights participant upon registration, as provided in s. NR 13.30 (2) (o), of a bear tagged with the bear carcass tag previously issued.

NR 13.44(3)(d) (d) Each permit is valid for one bear and expires upon the harvest of a bear. No more than one bear harvest permit may be issued to or possessed by a treaty rights participant at any time.

NR 13.44(3)(e) (e) Each bear harvest permit shall have a number corresponding to the number found on the carcass tag issued to a treaty rights participant.

NR 13.44(3)(f) (f) Each treaty rights participant shall possess a tribal photo identification card while hunting bear.

NR 13.44(3)(g) (g) Dog use restriction. Dogs may be used to hunt bear during the open seasons provided in this section but no more than 6 dogs in a single pack may be used to pursue a bear regardless of the dog ownership.

NR 13.44 History History: Cr. Register, February, 1990, No. 410, eff. 3-1-90.

subch. IV of ch. NR 13 Subchapter IV — Gathering

NR 13.50 NR 13.50 Definitions. In addition to definitions in s. NR 13.02, the following definitions apply to this subchapter:

NR 13.50(1) (1) “Band” means one of the Wisconsin Chippewa bands entitled to exercise off-reservation treaty rights under Lac Courte Oreilles v. Voigt, 700 F. 2d 341 (7th Cir. 1983).

NR 13.50(2) (2) “Department gathering permit” means a permit issued by the department authorizing a treaty rights participant to gather miscellaneous forest products listed in ss. NR 13.54 (1) and 13.55 (1) on department land.

NR 13.50(3) (3) “Department land” means land under the ownership of the department within the ceded territory where the department has authority to manage and harvest timber and other forest products on the land.

NR 13.50(4) (4) “Department property” means a department project including but not limited to a state forest, state park, wildlife area or fisheries area.

NR 13.50(5) (5) “Forest products” means all forms of vegetation, and parts thereof, including fruits, seeds, berries and roots.

NR 13.50(6) (6) “Natural area” means land designated or dedicated under s. 23.28 or 23.29, Stats.

NR 13.50(7) (7) “Treaty rights participant”, for purposes of this subchapter, means any person defined as a treaty rights participant in s. NR 13.02 (13) or any of the 6 Wisconsin Chippewa bands.

NR 13.50(18) (18) “Year” means the calendar year.

NR 13.50 History History: Cr. Register, October, 1990, No. 418, eff. 11-1-90; r. (1), (3), (7) to (9), (11), (13) to (21), (23) and (25), renum. (2), (4) to (6), (10), (12), (22) and (24) to be (1) to (8), Register, May, 1992, No. 437, eff. 6-1-92.

NR 13.51 NR 13.51 Restrictions. Subject to the modifications and exceptions of this subchapter, and in addition to the modifications and exceptions provided elsewhere in this chapter, the following provisions are applicable to treaty rights participants engaged in gathering activities:

NR 13.51(1) (1) Statutory provisions.

NR 13.51(1)(a) (a) Chapter 24, Stats. Public domain and trust funds.

NR 13.51(1)(b) (b) Section 26.05, Stats. Timber theft.

NR 13.51(1)(c) (c) Section 26.06 (2) and (3), Stats. Relating to possession of timber products.

NR 13.51(1)(d) (d) Section 26.09, Stats. Civil liability for unlawful cutting, removal and transport.

NR 13.51(1)(e) (e) Section 29.604, Stats. Endangered and threatened species protected.

NR 13.51(1)(f) (f) Section 29.611, Stats. Ginseng protected.