Chapter NR 13

NR 13.30 History History: Cr. Register, February, 1990, No. 410, eff. 3-1-90; corrections in (1) (a) to (x) made under s. 13.93 (2m) (b) 7., Stats., Register November 2001 No. 551; corrections in (1) (u), (v), (2) (c) and (j) 5. made under s. 13.92 (4) (b) 7., Stats., Register May 2011 No. 665; corrections in (2) (j) 4. made under s. 13.92 (4) (b) 7., Stats., Register July 2011 No. 667; CR 16-037: r. (2) (i) 6. Register April 2017 No. 736, eff. 5-1-17; correction in (1) (x) made under s. 13.92 (4) (b) 7., Stats., Register June 2017 No. 738; CR 16-028: am. (2) (f) (intro.) Register July 2017 No. 739, eff. 8-1-17; correction in (2) (o), (p) 6., made under s. 13.92 (4) (b) 7., Stats., Register December 2018 No. 756; correction in (2) (i) 8. made under s. 13.92 (4) (b) 7., Stats., Register January 2020 No. 769; correction in (2) (e), (i) 1. to 3., (u) made under s. 13.92 (4) (b) 7., Stats., Register January 2021 No. 781.

NR 13.32 NR 13.32 Statutory modifications and exceptions.

NR 13.32(1) (1) Trap tags. Trap tags shall conform with the requirements of s. NR 13.05 (6). The provisions of s. 29.331 (1), Stats., relating to untagged traps remain applicable.

NR 13.32(2) (2) Back tags and clothing color. Back tags issued by the department and blaze orange clothing shall be worn by treaty rights participants only during the state deer gun season. The back tag is not a valid state license and may not be used as a state carcass tag.

NR 13.32(3) (3) Tagging. Deer shall be tagged in accordance with s. NR 13.38.

NR 13.32(4) (4) Group deer hunting. For purposes of this chapter, the term “Group deer hunting party,” as used in s. 29.324, Stats., means 2 or more hunters, each of whom is a treaty rights participant, hunting in a group, all using firearms.

NR 13.32 History History: Cr. Register, February, 1990, No. 410, eff. 3-1-90.

NR 13.34 NR 13.34 Modifications to administrative code relating to migratory game bird hunting.

NR 13.34(1) (1) Season. Except as provided in this paragraph, open season for duck and goose hunting shall begin 15 days prior to the season established in s. NR 10.01 (1) (b) and continue through the respective seasons established in that paragraph except that Canada goose hunting on the Powell Marsh wildlife area shall close 5 days prior to the opening of the season established in s. NR 10.01 (1) (b).

NR 13.34(2) (2) Possession. Migratory game birds in possession or custody of tribal members on ceded lands shall be considered to have been taken on these lands.

NR 13.34(3) (3) Hours. Legal shooting hours shall be the same as the statewide hours established in s. NR 10.06 (2), except on the first day of the statewide migratory game bird season established in s. NR 10.01 (1) when shooting hours shall start at 12:00 noon.

NR 13.34(4) (4) Hunting from piers, etc. Treaty rights participants may hunt from piers, dams, docks or similar structures so long as they are publicly owned unless prohibited by the owner for safety purposes.

NR 13.34(5) (5) Bag limits. Bag limits and possession limits for migratory game birds shall be as follows:

NR 13.34(5)(a) (a) Ducks. The daily bag limit is reached when the point value, as established by this paragraph, of the last duck taken plus the total value of ducks already taken during that day reaches or exceeds 100 points. The possession limit for ducks taken off the reservation is double the daily bag limit. Point values shall be as follows:

NR 13.34(5)(a)1. 1. 100 points: Hen mallard, black duck.

NR 13.34(5)(a)2. 2. 70 points: Wood duck, redhead, hooded merganser.

NR 13.34(5)(a)3. 3. 35 points: Drake mallard, pintail, ring-necked duck, goldeneye, bufflehead, all other duck species not listed.

NR 13.34(5)(a)4. 4. 20 points: Blue-winged teal, green-winged teal, widgeon, gadwall, shoveler, scaup, common merganser, red-breasted merganser.

NR 13.34(5)(b) (b) Special scaup-only season. Bag limit of 5 per day; possession limit of 10.

NR 13.34(5)(c) (c) Rest period. If waterfowl distribution in certain locales is significantly altered because of hunting pressure by treaty rights participants as determined by the department, those locales will be closed in 48 hours by department order until noon on the opening day of the general state waterfowl season.

NR 13.34(5)(d) (d) Canada geese. Bag limit 3, possession limit 6.

NR 13.34(5)(e) (e) Other geese. (Snow geese, blue geese, white-fronted geese): Bag limit of 5, including the legal limit of Canada geese specified in par. (d) taken, during the open season, and including no more than 2 white-fronted geese; possession limit of 10, minus the number of Canada geese possessed taken during the open season, and including no more than 4 white-fronted geese.

NR 13.34(5)(f) (f) Coot and gallinule. 20 daily, singly or in aggregate; possession limit 40.

NR 13.34(5)(g) (g) Sora and Virginia rails. 25 daily, singly or in aggregate. Possession limit 25.

NR 13.34(5)(h) (h) Common snipe. 8 daily. Possession limit 16.

NR 13.34(5)(i) (i) Woodcock. 5 daily. Possession limit 10.

NR 13.34 History History: Cr. Register, February, 1990, No. 410, eff. 3-1-90.

NR 13.36 NR 13.36 Modifications to administrative code relating to hunting small game, furbearers and protected wild animals. The seasons for hunting specified small game, furbearers and protected wild animals shall be as follows:

NR 13.36(1) (1) Ruffed grouse. Beginning on the day after Labor Day and continuing through January 31.

NR 13.36(2) (2) Snowshoe hare. Year-round.

NR 13.36(3) (3) Cottontail rabbit. Year-round.

NR 13.36(4) (4) Red, gray and fox squirrel. Year-round.

NR 13.36(5) (5) Coyote. Year-round, except that the special closure specified in s. NR 10.01 (3) (h) 3. is applicable during the deer hunting season established in s. NR 13.38.

NR 13.36(6) (6) Red and gray fox. Beginning on the Saturday nearest October 10 and continuing through March 1.

NR 13.36(7) (7) Raccoon. Beginning on the Saturday nearest October 10 and continuing through March 1.

NR 13.36(8) (8) Bobcat. Beginning on the Saturday nearest October 10 and continuing through March 1.

NR 13.36(9) (9) Pheasants. Roosters and hens beginning the Saturday nearest October 17 at 12 noon and continuing for 54 consecutive days.

NR 13.36(10) (10) Woodchucks. Year-round.

NR 13.36(11) (11) Beaver. Year-round.

NR 13.36(12) (12) White deer. Beginning on the day after Labor Day and continuing through December 31.

NR 13.36 History History: Cr. Register, February, 1990, No. 410, eff. 3-1-90; am. (intro.), cr. (12), Register, May, 1992, No. 437, eff. 6-1-92.

NR 13.37 NR 13.37 Modifications to administrative code relating to trapping small game, furbearers and protected animals.

NR 13.37(1) (1) Closed season restriction. Traps and snares may not be set or placed during the closed seasons specified in sub. (2).

NR 13.37(2) (2) Seasons. The seasons for trapping small game and furbearers shall be as follows:

NR 13.37(2)(a) (a) Bobcat. Beginning the Saturday nearest October 10 and continuing through March 1.

NR 13.37(2)(b) (b) Coyote. Year-round.

NR 13.37(2)(c) (c) Cottontail. Year-round.

NR 13.37(2)(d) (d) Raccoon. Beginning on the Saturday nearest October 10 and continuing through March 1.

NR 13.37(2)(e) (e) Red and gray fox. Beginning on the Saturday nearest October 10 and continuing through March 1.

NR 13.37(2)(f) (f) Red, gray and fox squirrel. Year-round.

NR 13.37(2)(g) (g) Snowshoe hare. Year-round.

NR 13.37(2)(h) (h) Mink. Beginning on the Saturday nearest October 21 and continuing through March 1 north of state highway 64; beginning on the Saturday nearest October 28 and continuing through February 28 south of state highway 64.

NR 13.37(2)(i) (i) Muskrat. Beginning on the Saturday nearest October 21 and continuing through May 1 north of state highway 64; beginning on the Saturday nearest October 28 and continuing through April 30 south of state highway 64.

NR 13.37(2)(j) (j) Beaver. Year-round.

NR 13.37(2)(k) (k) Otter. November 15 through March 15.

NR 13.37(2)(L) (L) Fisher. November 15 through December 31.

NR 13.37(3) (3) Trap and snare placement near beaver dams. A treaty rights participant may place a trap or snare within 15 feet of a beaver dam provided the trap or snare is not placed on or touching the dam. The trap or snare shall be marked by a tag attached to an object above the water line and set near the trap or snare in a visible manner. The tag shall contain the information required by s. NR 13.05 (5).

NR 13.37(4) (4) Trapping and snaring hours. Treaty rights participants may trap or snare between the hours of 6:00 a.m. of the opening date for each furbearer and 12:00 midnight of the respective closing date.

NR 13.37(5) (5) Use of snares. Treaty rights participants trapping off-reservation may use snares only during established tribal small game and trapping seasons subject to the following specifications:

NR 13.37(5)(a) (a) Anchoring and tagging. Snares shall be permanently anchored so as not to drag and shall be tagged with a metal tag marked in a legible manner with the treaty rights participant’s name and address.

NR 13.37(5)(b) (b) Manner of set. Snares may not be spring activated and shall be set in a manner which prevents an animal from being suspended off the ground or in the water unless it is attached to a drowning mechanism.

NR 13.37(5)(c) (c) Snare removal dates. Snares set in water shall be removed by May 1. All other snares shall be removed by March 1 except if set for hare or rabbit.

NR 13.37(5)(d) (d) Snare specifications.

NR 13.37(5)(d)1. 1. All snares shall have a mechanical lock, a swivel device on the anchor end and a stop device which will prevent the loop size from exceeding 10 inches in diameter and prevent the loop from closing to less than 21/2 inches in diameter.

NR 13.37(5)(d)2. 2. All snare cable or wire shall be made of ferrous metal and have a diameter not exceeding 1/8². Cable or wire may not be made of stainless steel or exceed 5 feet in length.

NR 13.37(5)(e) (e) Maximum number of snares. No more than 30 total snares may be used by any one trapper. For determination purposes, all snares set in water and attached to a common stake or pole shall be counted as a single snare.

NR 13.37(5)(f) (f) Snares set in water. Any snares set in water shall have the snare loop one-half submerged in the water at all times.

NR 13.37(5)(g) (g) Maximum snare loop height. All snares not set in water shall be subject to the following restrictions:

NR 13.37(5)(g)1. 1. The bottom of the loop may not be more than 6G above the ground or, when the ground is snow-covered, no more than 6G above the bottom of a person’s footprint made in the snow beneath the snare with full body weight on the foot.

NR 13.37(5)(g)2. 2. All snares not set in water shall be checked every 24 hours.

NR 13.37(6) (6) Bobcat, fisher and otter tags and registration.

NR 13.37(6)(a) (a) Permit. No treaty rights participant may snare, trap, possess, control, shoot or shoot at a bobcat, or snare, trap, possess or control a fisher or otter unless in possession of a valid tag for the animal issued under par. (c).

NR 13.37(6)(b) (b) Quotas.

NR 13.37(6)(b)1. 1. A minimum of 100 bobcat and 75 otter carcass tags shall be allocated to treaty rights participants. The department may allocate additional tags upon a request with the Chippewa bands.

NR 13.37(6)(b)2. 2. Maximum tribal fisher quotas for each fisher management zone as established in s. NR 10.01 (4), located within the ceded lands territory shall be based upon the following formula:

state quota x 50%

NR 13.37(6)(b)3. 3. Actual tribal fisher quotas shall be established based on requests of the Chippewa bands provided the requests are submitted to the department prior to August 15, subject to the maximum of subd. 2. Tribal requests shall be based upon past harvest performance and capacity to harvest.

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.