Chapter NR 13

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.

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.