NR 13.12 NoteNote: Chapter NR 20 was repealed and a new ch. NR 20 created eff. 6-1-99.
NR 13.12 HistoryHistory: Cr. Register, May, 1991, No. 425, eff. 6-1-91; corrections in (1) (b) and (10) made under s. 13.93 (2m) (b) 7., Stats., Register November 2001 No. 551. NR 13.13NR 13.13 Notification, safe harvest and pulse fishing. NR 13.13(1)(1) Notification. Each band shall, no later than December 1 of each year, identify to the department those lakes to be harvested in the following year by methods for which a permit is required, and for which the bag limit is defined as TQ. NR 13.13(2)(2) Safe harvest. The department shall, within 30 days of the notification under sub. (1), inform the bands of the safe harvest upon which the tribal quota shall be based for bass, walleye, northern pike, muskellunge and any other species regulated by TQ for each lake identified. NR 13.13(3)(3) Pulse fishing. Notwithstanding any other provisions of this subchapter, no safe harvest may be established and no spearing or netting may take place if: NR 13.13(3)(a)(a) Any combination of spearing or netting occurred on that lake for 2 successive years; and NR 13.13(3)(b)(b) The aggregate harvest for spearing and netting exceeded 60% of the safe harvest in each year. NR 13.13(4)(4) Tribal quota. The TQ shall be based on a period of ice out to ice out. For the purposes of this subchapter, TQ shall consist of up to 50% of the safe harvest unless otherwise agreed to with the Chippewa bands. Actual tribal quotas shall be based on requests of the Chippewa bands, subject to the 50% maximum past harvest performance and capacity to harvest. Upon agreement with the bands, the department may substitute an appropriate daily bag limit for any species regulated by TQ. NR 13.13(5)(a)(a) For methods or species for which the bag limit in s. NR 13.14 is specified as TQ, individual bag limits shall be established which are equivalent to the remaining TQ divided by the number of permits issued for any one day on the specified body of water. NR 13.13(5)(b)(b) Permits may only be issued for waters for which the cumulative tribal harvest has not exceeded the TQ. NR 13.13(5)(c)(c) Permits are valid only for the person to whom they are issued. NR 13.13(5)(e)(e) In lieu of permits, the department may regulate harvest to prevent the exceeding of the TQ through a system of tags in which each treaty rights participant may take only those numbers of fish for which he or she has tags. The tags shall be locked through the mouth and gill of the fish before it is brought to shore, and shall remain locked on the fish until final consumption. NR 13.13 HistoryHistory: Cr. Register, May, 1991, No. 425, eff. 6-1-91. NR 13.14NR 13.14 Seasons, bag limits, total tribal quota, size limits and methods of taking. The following table applies to fishing by treaty rights participants for those kinds of fish and methods listed. NR 13.14 NoteNote: Chapter NR 20 was repealed and a new ch. NR 20 created eff. 6-1-99.
NR 13.14 HistoryHistory: Cr. Register, May, 1991, No. 425, eff. 6-1-91. NR 13.15NR 13.15 Use of set or bank poles and setlines. NR 13.15(1)(1) Permit required. No treaty rights participant may use, set, lift, attend or have in possession while on the inland waters any set or bank pole or setline unless he or she possesses on his or her person a permit authorizing use of such gear issued by the department. NR 13.15(2)(a)(a) A set or bank pole permit authorizes the use of a maximum of 10 set or bank poles and a setline permit authorizes the use of one setline. NR 13.15(2)(b)(b) No treaty rights participant may use, set, lift, attend or have in possession while on the inland waters any set or bank pole or setline permitted to another person. NR 13.15(2)(c)(c) No treaty rights participant may possess sport angling equipment while setting, lifting or attending a set or bank pole or setline. NR 13.15(3)(3) Setline flag. Setline flags and buoys shall meet the requirements of this subsection. 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)(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)(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 HistoryHistory: Cr. Register, May, 1991, No. 425, eff. 6-1-91. NR 13.16NR 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)(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 HistoryHistory: Cr. Register, May, 1991, No. 425, eff. 6-1-91. 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)(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)(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 HistoryHistory: Cr. Register, May, 1991, No. 425, eff. 6-1-91. 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)(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(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: 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)(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 HistoryHistory: Cr. Register, May, 1991, No. 425, eff. 6-1-91.
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