Section NR 13.13 - Notification, safe harvest and pulse fishing(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.(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. (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: (a) Any combination of spearing or netting occurred on that lake for 2 successive years; and(b) The aggregate harvest for spearing and netting exceeded 60% of the safe harvest in each year.(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.(5) PERMITS. (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.(b) Permits may only be issued for waters for which the cumulative tribal harvest has not exceeded the TQ.(c) Permits are valid only for the person to whom they are issued.(d) Permits shall be issued by the department unless otherwise provided for pursuant to s. NR 13.05(7).(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.Wis. Admin. Code Department of Natural Resources NR 13.13
Cr. Register, May, 1991, No. 425, eff. 6-1-91.