Chapter NR 13

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.

NR 13.51(1)(g) (g) Section 85.075, Stats. Rail program rules.

NR 13.51(1)(h) (h) Sections 85.15 and 85.16, Stats. Property management and Department rules and forms.

NR 13.51(1)(i) (i) Section 86.02, Stats. Injury to highway.

NR 13.51(1)(j) (j) Section 86.03, Stats. Trees on and adjacent to highway.

NR 13.51(1)(k) (k) Section 86.07 (2), Stats. Relating to alteration in any highway.

NR 13.51(2) (2) Administrative code provisions.

NR 13.51(2)(a) (a) Section NR 1.24 Management of state and county forests

NR 13.51(2)(b) (b) Section NR 19.09 Wild rice conservation.

NR 13.51(2)(c) (c) Section NR 19.11 (1) to (5) Scientific collectors permits.

NR 13.51(2)(d) (d) Section NR 45.04 (1) (a) Relating to gathering on state property.

NR 13.51(2)(e) (e) Chapter NR 28 Wild plants.

NR 13.51 History History: Cr. Register, October, 1990, No. 418, eff. 11-1-90; corrections in (1) (e) and (f) made under s. 13.93 (2m) (b) 7., Stats., Register November 2001 No. 551.

NR 13.52 NR 13.52 Miscellaneous forest product gathering eligibility and assistance. Treaty rights participants gathering forest products on department land may not be assisted in the gathering by any person other than another treaty rights participant. Treaty rights participants may not permit any person other than another treaty rights participant to tend or operate equipment involved in the gathering.

NR 13.52 History History: Cr. Register, October, 1990, No. 418, eff. 11-1-90; am. Register, May, 1992, No. 437, eff. 6-1-92.

NR 13.54 NR 13.54 Gathering miscellaneous forest products on department land.

NR 13.54(1) (1) Any treaty rights participant interested in gathering from department land firewood, tree bark, maple sap, lodge poles, boughs, marsh hay or other miscellaneous forest products not enumerated in s. NR 13.55 or this section shall obtain a permit from the manager of the department property upon which the gathering is desired. The department shall respond to the gathering request no later than 14 days after receipt of the request. The permit shall indicate the location of the material to be gathered, the volume of material to be gathered, and conditions on the gathering of the material necessary for conservation of the timber and other forest products on the department land or for public health or safety.

NR 13.54(2) (2) The department may not deny a request to gather miscellaneous forest products on a department property under this section unless the gathering is inconsistent with the management plan for that property or the gathering will conflict with the preexisting rights of a permittee, other person who has an approval to conduct an activity on the department property or a contractor of the department or is otherwise inconsistent with conservation, public health or safety.

NR 13.54 History History: Cr. Register, October, 1990, No. 418, eff. 11-1-90; am. Register, May, 1992, No. 437, eff. 6-1-92.

NR 13.55 NR 13.55 Gathering fruits, seeds, berries or certain plants.

NR 13.55(1) (1) No gathering permit required. Except as provided in subs. (2) and (3), treaty rights participants may gather fruits, seeds or berries on department property without a permit issued by the department.

NR 13.55(2) (2) Natural areas.

NR 13.55(2)(a) (a) No treaty rights participant may gather anything other than edible berries on a natural area without a department gathering permit. The department shall respond to the gathering permit request no later than 14 days after receipt of the request. The permit shall indicate the type of material, location and volume of material to be gathered and conditions on the gathering of the material necessary for conservation of the timber and other forest products on the department land or for public health or safety.

NR 13.55(2)(b) (b) The department may not deny a request to gather miscellaneous products on a natural area unless the gathering is inconsistent with the management plan for the property or the gathering will conflict with the preexisting rights of a permittee, other person who has an approval to conduct an activity on the department property or a contractor of the department or is otherwise inconsistent with conservation, public health or safety.

NR 13.55(3) (3) Gathering not permitted. No treaty rights participant may gather forest products, including fruits, seeds, berries or plants which are listed on the department’s endangered or threatened species list established under s. 29.604, Stats.

NR 13.55(4) (4) Ginseng. Treaty rights participants harvesting ginseng shall comply with the provisions of s. 29.611, Stats., and ch. NR 28, except the license requirements.

NR 13.55(5) (5) Wild rice. Wild rice may be harvested on department land without a permit under this subchapter when harvested in accordance with s. NR 19.09.

NR 13.55 History History: Cr. Register, October, 1990, No. 418, eff. 11-1-90; am. (2), Register, May, 1992, No. 437, eff. 6-1-92; corrections in (3) and (4) made under s. 13.93 (2m) (b) 7., Stats., Register November 2001 No. 551.

NR 13.56 NR 13.56 Safety. Treaty rights participants engaged in gathering on department land may not impair or obstruct developed recreational trails or special use areas. Any forest products subject to gathering which are cut and may impede or impair use of those trails or other special use areas shall be immediately removed by the treaty rights participant.

NR 13.56 History History: Cr. Register, October, 1990, No. 418, eff. 11-1-90.

NR 13.57 NR 13.57 Department inspection. Any treaty rights participant engaged in gathering on department land shall present, upon request by department representatives, the permit authorizing gathering miscellaneous forest products, and his or her tribal identity card.

NR 13.57 History History: Cr. Register, October, 1990, No. 418, eff. 11-1-90; am. Register, May, 1992, No. 437, eff. 6-1-92.