Wisconsin Administrative Code
Department of Natural Resources
NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation
Chapter NR 13 - Chippewa Treaty Rights Participants
Subchapter I - General Provisions
Section NR 13.05 - Exceptions and modifications to s. NR 13.04

Universal Citation: WI Admin Code ยง NR 13.05

Current through August 26, 2024

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(1) SEASONS AND BAG LIMITS. Whenever a regulatory provision incorporated by this chapter in s. NR 13.04 refers to a season, possession limit or bag limit, the season, possession limit or bag limit of this chapter supersedes any other administrative code.

(2) TRANSPORTATION. The transportation restrictions in s. 29.357(1), Stats., shall apply only to fresh fish. In s. 29.047, Stats., a tribal identification card may be substituted for a license.

(3) CLOSED SEASONS. For the purpose of s. 29.071, Stats., and s. NR 19.12, the state's general closed season is applicable to the removal of fish and game from the reservation on which it has been harvested.

(4) SUBSTITUTED PROVISIONS.

(a) Public nuisances. Section 29.927, Stats., is applicable only to the extent the articles are possessed or used in violation of this chapter.

(b) Approval necessary. The restrictions of s. 29.354(1), Stats., are not applicable to treaty rights participants with appropriate tribal identification.

(5) PROSECUTIONS. The department may, at its discretion or by agreement with the bands, refer prosecutions of treaty rights participants to the appropriate tribal court. If this is done, tribal penalties shall apply.

(6) TAGGING.

(a) Tagging abbreviations. Whenever any provision of this chapter requires that an item be tagged (except when the tag is furnished by the department), the tag shall include the name, address and tribal affiliation of the treaty rights participant. Members of the Chippewa bands shall use the following initials to indicate tribal affiliation:
1. Bad River - "BR";

2. Keweenaw Bay - "KB";

3. Lac Courte Oreilles - "LCO";

4. Lac du Flambeau - "LDF";

5. Mille Lacs - "MLC";

6. Mole Lake - "ML";

7. Red Cliff - "RC"; and

8.

St. Croix - "SC".

(b) Tagging game animals. In addition to the provisions of s. 29.071, Stats., and s. NR 19.12, the following species shall at all times be tagged prior to removal from the reservation:
1. Bear

2. Bobcat

3. Deer

4. Fisher

5. Otter

6. Sturgeon

(7) TRIBAL GOVERNMENT PARTICIPATION. The department may enter into agreements with the Chippewa bands to establish procedures for the issuance of tags and permits and the registration of animals by the bands, provided:

(a) The department determines that the tribal procedures would be in substantial compliance with this chapter;

(b) The bands agree to record all necessary information as requested by the department; and

(c) The bands agree that all information recorded under par. (b) shall be available to the department upon request.

(8) INCIDENTAL OR ILLEGAL TAKE. Any animal taken in violation of this chapter may be turned over to the appropriate Chippewa band. The animal may not be returned to the violator, his or her immediate family or other members of the hunting party.

(9) ADMISSION FEES. Admission fees to department properties are not required of treaty rights participants who are solely involved in hunting, fishing or gathering activities authorized by this chapter.

(10) COSTS. The department may not charge a fee for issuance of written permission under this chapter. All other charges for approvals, including campground fees, shall be applicable to the treaty rights participant.

(11) COMMERCIALIZATION.

(a) Intra-tribal transactions. The requirements of ss. 29.501, 29.503, 29.506, 29.539 and 29.541, Stats., are not applicable to legally taken fish and game so long as the transactions involve only treaty rights participants.

(b) Transactions involving nontreaty rights participants. Treaty rights participants may sell or barter fish and game otherwise subject to s. 29.539 or 29.541, Stats., only under the following conditions:
1. All treaty rights participants selling or bartering fish and game shall have a license authorizing sale issued by their respective band. Written records of all individuals who are licensed to sell or barter shall be made available to the department upon request.

2. All treaty rights participants involved in sale or barter shall keep records of all transactions subject to the following requirements:
a. The records shall be kept on forms provided by the department.

b. The records shall be open to inspection by the department at the place they are retained.

c. Inspection may take place between 8 a.m. and 8 p.m. or whenever the business is open.

d. The records shall be subject to inspection by state and local health officials.

3. All sellers or barterers shall provide buyers with a bill containing the name of the treaty rights participant and buyer, the date, amount and type of fish or game and the treaty rights participant's tribal sale or barter license number.

4. The bill shall be a 4-part form furnished by the department. Copies shall be given to the buyer, band and department. The treaty rights participant's copy of the form shall be a record open to inspection.

5. All carcasses or part thereof shall be tagged, stamped or labeled by the seller or barterer prior to sale or barter indicating the band origin. Whole fish shall be tagged with tags furnished by the department. Fish tags shall remain with the fish until it is consumed, smoked or fileted. Smoked or fileted fish shall be stamped or labeled in the manner provided for smoked lake trout by s. NR 25.16(2).

6. Packaged meat shall be labeled as "Chippewa".

7. Treaty rights participants serving fish or game to nontribal member shall obtain a tribal serving permit and maintain records indicating the source of the fish or game, any tags used on the animal and the ultimate disposition. These records shall be open to the department inspection.

8. Live fish and fish eggs may not be sold or bartered except as allowed by s. 29.539, Stats.

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