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 13.02 - Definitions

Current through June 24, 2024
In addition to definitions established in ss.
					 NR
					 10.001,
					 12.001,
					 19.001 and
					 20.03, the following definitions apply
					 to this chapter.
(1) "Ceded territory"
				  means the territory in Wisconsin ceded by the Chippewa Indians to the United
				  States in the Treaty of 1837, 7 Stat. 536, and in the Treaty of 1842, 7 Stat.
				  591. A map of the ceded territory is found in the appendix to United States v.
				  Bouchard, 464 F. Supp. 1316 (W.D. Wis. 1978).
(2) "Department" means the department of
				  natural resources.
(3) "Enrolled
				  Chippewa tribal member" means an individual listed on the official roll of one
				  of the Chippewa bands entitled to exercise off-reservation treaty rights under
				  Lac Courte Oreilles v. Voigt, 700 F. 2d 341 (7th Cir. 1983).
(4) "Gill net" means any net set to capture
				  fish by entanglement rather than entrapment.
(5) "Ice fishing" means taking, capturing or
				  killing fish or fishing for any variety of fish at any time through an
				  artificial hole in the ice.
(6)
				  "Management unit", "hunting zone" and "management zone" mean those management
				  units established for deer in s.
				  NR
				  10.28, black bear hunting zones established in s.
				  NR 10.30
				  and Canada goose management zones established in s.
				  NR
				  10.31 or any other area established by the department
				  for management purposes.
(7)
				  "Public lands" means land currently held in fee title by federal, state or
				  local governments or lands held under the forest crop or managed forest land
				  programs but only to the extent such lands are required to be open to public
				  hunting and fishing.
(8) "Remaining
				  tribal quota" means the difference between the tribal quota and the cumulative
				  harvest of the particular species by all treaty rights participants using all
				  harvest methods permissible under this chapter. The cumulative harvest includes
				  all harvest to the date that the remaining tribal quota is calculated. If the
				  cumulative harvest exceeds the tribal quota, the remaining tribal quota shall
				  be zero.
(9) "Safe harvest" means a
				  level of harvest meeting the guidelines of Lac Courte Oreilles Band of Lake
				  Superior Chippewa v. Wisconsin, 707 F. Supp. 1034 (W.D. Wis. 1989) that
				  incorporates an appropriate margin of safety, estimates of the population and
				  acceptable exploitation rates which will reasonably prevent harvest of more
				  than 35% of the population of adult walleyes and 27% of the population of adult
				  muskellunge. The margin of safety shall assure that the true safe harvest is
				  not exceeded in more than 1 of 40 cases. For waters where a population estimate
				  has not been made, a regression model based upon population estimates from
				  other waters shall be used. The margin of safety used depends upon the age of
				  the population estimate and whether a regression model was used.
(10) "Snare" means a steel cable device in
				  the form of a noose with a stop, lock and swivel which is set to capture an
				  animal by the body, neck or foot.
(11) "Spear fishing" means taking or
				  attempting to take a fish by means of a hand held spear or other similar device
				  which is directed by the spearer to impale the target fish. Spearing may
				  include the use of an artificial light.
(12) "Tribal quota" or "TQ" means the total
				  number of a particular species which may be harvested annually from a given
				  body of water, management unit, hunting zone or management zone by all treaty
				  rights participants.
(13) "Treaty
				  rights participant" means an enrolled Chippewa tribal member exercising
				  off-reservation rights under Lac Courte Oreilles Band v. Voigt, 700 F. 2d 341
				  (7th Cir. 1983).