IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN … · 2020. 12. 28. · Conservation Codes since Docket 911 was entered into the Court record. In Section VI.A of the Stipulation

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN

LAC COURTE OREILLES BAND OF LAKE SUPERIOR CHIPPEWA INDIANS, RED CLIFF BAND OF LAKE SUPERIOR CHIPPEWA INDIANS, SOKAOGAON CHIPPEWA INDIAN COMMUNITY, MOLE LAKE BAND OF WISCONSIN, ST. CROIX CHIPPEWA INDIANS OF WISCONSIN, BAD RIVER BAND OF THE LAKE SUPERIOR CHIPPEWA INDIANS, and LAC DU FLAMBEAU BAND OF LAKE SUPERIOR CHIPPEWA INDIANS,

Plaintiffs,

v. Case No. 74-C-313-C

STATE OF WISCONSIN, WISCONSIN NATURAL RESOURCES BOARD, PRESTON D. COLE, TODD L. AMBS, and CASEY R. KREUGER,

Defendants.

STIPULATION FOR TECHNICAL, MANAGEMENT AND OTHER UPDATES: FOURTH AMENDMENTS TO THE STIPULATIONS INCORPORATED INTO

THE FINAL JUDGMENT

The Amended Judgment entered by this Court on June 13, 2001, authorized

the parties, by mutual agreement, to modify the stipulations which the Court had

incorporated into the final judgment, published as Lac Courte Oreilles Indians v.

State of Wis., 775 F. Supp. 321 (W.D. Wis. 1991), and there referred to as docket

numbers 330, 911, 912, 913, 914, 1167, 1222, 1271, 1289, 1568, 1607 and Joint

Exhibit P-54 from the December 1985 Trial. In accordance with the Amended

Judgment, the parties therefore desiring to establish technical, management and

Case: 3:74-cv-00313-bbc Document #: 421 Filed: 12/23/20 Page 1 of 99

other updates hereby stipulate and agree to amend prior stipulations, referred to as

docket numbers 911, 913, 1167, 1222, 1289, 1568, 1607(1) and 1607(2) in the following

respects:

I. AMENDMENTS TO THE STIPULATION ON BIOLOGICAL AND CERTAIN REMAINING ISSUES (DOCKET NUMBER 911) AND THE STIPULATION FOR FISH SPECIES OTHER THAN WALLEYE AND MUSKELLUNGE (DOCKET NUMBER 1568)

A. DESIGNATED STREAM SEGMENTS

I. Section 3.f of the Stipulation on Biological and Certain

Remaining Issues (Docket Number 911), which was amended by Section VI.A

of the Stipulation for Technical, Management and Other Updates: Second

Amendment of the Stipulations Incorporated in the Final Judgment, shall be

amended to revise the regulations applicable to harvesting within designated

stream segments. The parties agree to remove the daily bag limits for walleye,

muskellunge and sturgeon, while maintaining the annual total harvest quota,

and to remove the two-day limit on harvesting by spear and by net (other than

gillnet), within designated stream segments. Additionally, the parties agree to

add certain river and stream segments to those available to tribal harvesting

by spear and by net (other than gillnet).

a. Section 3.f.(iii) which was amended by Section VI.A of the

Stipulation for Technical, Management and Other Updates: Second

Amendment of the Stipulations Incorporated into the Final Judgment,

shall be revised as follows:

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(iii) The harvest by spear or any net of only discrete in-stream populations of walleye, muskellunge and sturgeon is allovrnd instead of all Streams. This is not subject to a tribal quota. The follw.ving bag limits apply, however: has been regulated by the Tribes' Off Reservation Conservation Codes since Docket 911 was entered into the Court record. In Section VI.A of the Stipulation for Technical, Management and Other Updates: Second Amendment of the Stipulations Incorporated into the Final Judgment, the parties agreed to make certain interim changes to the Tribes' Model Off-Reservation Conservation Codes to provide for a six-year joint study of interim regulations. In Section I.A.1 of the Stipulation for Technical, Management and Other Updates: Fourth Amendment of the Stipulations Incorporated into the Final Judgment, the parties agree that that the following permanent regulations should apply to tribal harvesting by spear and by net, other than gillnetting, in discrete stream and river segments:

(1)

(2)

(3)

(4)

b.

Sturgeon One per night pel' stream (all boats) The Tribes will harvest no more than two (2) sturgeon per river or stream segment, per year.

Muskellunge One Pel' boat pel' night The Tribes will harvest no more than eight (8) muskellunge per river or stream segment, per year.

Walleye Five per night per fisher The Tribes will harvest no more than one hundred twenty (120) walleye per river or stream segment, per year.

The Tribes may harvest other fish by the use of spear or any net, except gillnets, within river and stream segments, and shall refrain from harvesting the following protected fish species: paddlefish and spoonbill catfish.

Section 3.f.(iv), as amended by Sections IV, V and VI. of the

Stipulation for Technical, Management and Other Updates: Second

Amendment of the Stipulations Incorporated in the Final Judgment,

shall be revised as follows:

(iv) The Technical Working Group (TWG) has developed and will continue to enhance a list of streams and stream segments which that

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have discrete in-stream populations and, thus, are available for designation. The TWG had originally designated 27 stream segments. Over time, an additional 26 stream segments have been designated by the TWG. The TWG has classified 21 of the new stream segments as "adjacent spawning stream segments." An "adjacent spawning stream segment," shall mean that section of a tributary stream or river where a discrete fish population of a lake moves into that section of a tributary stream or river to spawn.

ill Such stream and stream segments are subject to the same landing designation and biological monitoring provisions as applied to other spearing fish harvesting activities. No more than four boats and twelve spears shall be allowed to fish on any designated stream or stream segment. No stream or stream segment shall be designated for mm'e than tv,ro nights .

.(fil No harvest shall take place on any state refuges on such streams .

.(fil On such streams, tribal harvest may take place by: spearing from boats or ',vading provided the designated landing§ or specified river access points are is used at all times for ingress and egress.

(4) The following regulations apply to adjacent spawning stream segments:

(a) The tribal conservation department may issue an open water spearing or netting (other than gillnetting) permit to a member for an adjacent spawning stream segment, provided the permit shall authorize spearing only on adjacent spawning stream segments that are described in the comprehensive tribal document entitled: Designated Tribal River and Stream Segments in the Wisconsin portion of the 1837 and 1842 Ceded Territories.

(b) The Tribes' designated "lake" declaration (quota) for a fishing year will be deemed to apply both to the "lake" and the "adjacent spawning stream segment" that is described in the comprehensive tribal document entitled: Designated Tribal River and Stream Segments in the Wisconsin portion of the 1837 and 1842 Ceded Territories.

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(c) The regulations that apply to spearing or netting (other than gillnetting) in the "lake" shall also apply to spearing and netting (other than gillnetting) in the "adjacent spawning stream segment" that is described in the comprehensive tribal document entitled: Designated Tribal River and Stream Segments in the Wisconsin portion of the 1837 and 1842 Ceded Territories.

(d) The tribal conservation department may impose such other terms and conditions as it deems necessary or appropriate (including biological monitoring requirements) to the level of harvest activity on an adjacent spawning stream segment that is described in the comprehensive tribal document entitled: Designated Tribal River and Stream Segments in the Wisconsin portion of the 1837 and 1842 Ceded Territories.

(8) The comprehensive tribal document entitled: Designated Tribal River and Stream Segments in the Wisconsin Portion of the 1837 and 1842 Ceded Territories contains visual depictions and written descriptions of the designated river and stream segments, and the adjacent spawning stream segments, including the following segments which have been designated by the TWG since judgment was entered in the case:

(a) North Fork Flambeau River, Turtle Dam downstream to Park Falls Dam (River Segment 28).

(b) Wisconsin River, Otter Rapids Dam downstream to its confluence with Sugar Camp Creek (River Segment 29).

(c) Main stem of the Chippewa River, from Winter Dam to Highway 27/70 (River Segment 30).

(d) Main stem of the Chippewa River, from Dells Dam to I-94 in Eau Claire County (for this river segment, the limit of one hundred twenty (120) walleye per year includes sauger and walleye-sauger hybrids, and the limit of two (2) sturgeon per year includes rock and shovelnose sturgeon) (River Segment 31).

(e) East fork of the Chippewa River to Bear Lake (River Segment 32).

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(f)

(g)

(h)

(i)

(j)

(k)

The Yellow River from its confluence with Yellow Lake (Burnett County) upstream to the highway 35 bridge (Adjacent Spawning Stream Segment AA).

The Totogatic River from its confluence with the Minong Flowage (Douglas County) to its confluence with Bergen Creek (Adjacent Spawning Stream Segment BB).

The Yellow River from the Danbury Flow age to the Danbury Dam (Adjacent Spawning Stream Segment CC).

The Chippewa River from the Holcombe Flowage to the confluence with the Flambeau River at County Highway E (Adjacent Spawning Stream Segment DD).

The Chippewa River from the Cornell Flowage to the Holcombe Dam (Adjacent Spawning Stream Segment EE).

The Chippewa River from the Old Abe Lake to the Cornell Flowage Dam (Adjacent Spawning Stream Segment FF).

(1) The Chippewa River from the Dells Pond to the Highway 53 Bridge (Adjacent Spawning Stream Segment GG).

(m) The Little Somo River from the Somo Dam downstream to its confluence with the Somo River, and the Somo River, from Zenith Tower Road downstream to the Lake Mokawksin (Adjacent Spawning Stream Segment HH).

(n)

(o)

North Fork of the Flambeau River from the Pixley Flowage to the Lower Park Falls Dam (Adjacent Spawning Stream Segment II).

The Flambeau River from the Dairyland Reservoir to the Big Falls Dam (Adjacent Spawning Stream Segment JJ).

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(p) The Flambeau River from the Big Falls Flowage to the confluence with the North and South Forks of the Flambeau River (Adjacent Spawning Stream Segment KK).

(q) The Jump River from the Holcombe Flowage to County Road H in Taylor County (Adjacent Spawning Stream Segment LL).

(r) East fork of the Chippewa River from Winter Dam to Highway B (Adjacent Spawning Stream Segment MM).

(s) East fork of the Chippewa River from Hwy B upstream to West Barker Lake Road, including the Barker Lake (Adjacent Spawning Stream Segment Nfil

(t) East fork of the Chippewa River from West Barker Lake Road upstream to North Clover Road, including the Hunter Lake (Adjacent Spawning Stream Segment 00).

(u) East fork of the Chippewa River, downstream from North Clover Road upstream to Highway GG, including the Blaisdell Lake (Adjacent Spawning Stream Segment PP).

(v) The Manitowish River, US Hwy 51 downstream, excluding the Benson Lake, to the confluence with the Flambeau River, including the Flambeau River downstream to the Turtle Flambeau Flowage (Adjacent Spawning Stream Segment QQ).

(w) The Turtle River, the Rice Lake downstream to the Pike Lake (Adjacent Spawning Stream Segment RR).

(x) Main stem of the Chippewa River from Hwy 27/70 to the Radisson Flowage (Adjacent Spawning Stream Segment SS).

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(y)

(z)

West fork of the Chippewa River, from the Moose Lake Dam to the boundary of the Lac Courte Oreilles Reservation (Chippewa Flowage) (Adjacent Spawning Stream Segment TT).

Flambeau River from the Thornapple Flowage to the Ladysmith Dam (Adjacent Spawning Stream Segment UU).

(9) The parties agree to make permanent the designation of the above-listed stream segments, subject to review by the TWG every ten (10) years.

2. The Stipulation for Fish Species Other Than Walleye and

Muskellunge (Docket Number 1568) shall be amended to allow for the harvest

of fish species other than walleye, muskellunge and sturgeon within

designated river and stream segments.

a. Paragraph B.1.n. shall be added as follows:

n. The parties agree that the Tribes may harvest fish species, in addition to walleye, muskellunge and sturgeon, from within designated river segments and adjacent spawning stream segments, listed in the comprehensive tribal document Designated Tribal River and Stream Segments in the Wisconsin Portion of the 1837 and 1842 Ceded Territories.

(1)

(2)

The parties have agreed to institute an overall, annual limit of two (2) lake or rock sturgeon per designated river segment applicable to all Tribes collectively.

The Fisheries Technical Working Group (TWG) has recommended establishing a trigger level of thirty (30) smallmouth bass per year, per designated river segment, applicable to all Tribes collectively. The TWG has not recommended the establishment of a trigger harvest level for the harvest of any other fish species within designated river segments, however if this recommendation changes, the parties agree to establish appropriate trigger harvest levels applicable to designated river segments.

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read:

(3)

(4)

b.

(5)

For those fish species for which the Fisheries Technical Working Group has established a trigger harvest level for designated river segments, the procedures set forth in subsection B. l.h apply.

The Tribes shall refrain from harvesting the following protected fish species: paddlefish and spoonbill catfish.

Paragraph (5) shall be added to Section B. l. i., and it shall

Within nver segments available for tribal open water spearing and netting, as described in the administrative document, Designated Tribal River and Stream Segments in the Wisconsin Portion of the 1837 and 1842 Ceded Territories, no more than two (2) lake or rock sturgeon per year shall be harvested per river segment. The Tribes' designated "lake" declaration (quota), if any, for a fishing year will be deemed to apply both to the "lake" and the "adjacent spawning stream segment."

c. Subsection B.l.h.(7) shall be amended as follows:

(7) Smallmouth Bass 0.007 fish/acre or 5 fish per lake, whichever is greater, and 30 fish per designated nver segment.

3. These amendments require changes to the Model Off-Reservation

Conservation Code Sections 3.27, 9.06 & 9.07, which shall be revised as follows:

a. Model Off-Reservation Code Section 3.27(1)6) shall be

modified as follows:

(l)G) Designated Tribal River and Stream Segments in the Wisconsin portion of the 1837 and 1842 Ceded Territories, Version 1 £fl_: [October 2010];

b. Model Off-Reservation Code Section 9.06(9) shall be

modified as follows:

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(9) The tribal conservation department may issue an open water spearing permit to a member for a designated stream segment, as identified in Section 9.06(10), provided:

(a) The permit shall authorize spearing only on a river or stream segment listed in the Designated Tribal River and Stream Segments in the Wisconsin portion of the 1837 and 1842 Ceded Territories, Version 1 2-,_Q: [October 2010] document as available for open water spearing;

(b) No designated stream segment shall be speared for a pm·ticular species for more than tvrn days in a fishing year; [open]

(c) No spearing shall be authorized in any Tribal fish refuge, as established in the Tribal Fish Refuges Commission document, located within the designated river or stream segment;

(d) The permit requires the use of designated landings, or specified river access points, for ingress to and egress from the designated river or stream segment;

(e) Spearing in a designated river or steam segment may take place from a boat or while wading;

(f) The number of fish available for harvesting within designated river or stream segments shall be set forth on a permit issued by the Tribal Conservation Department consistent with imposes the following bag limits harvest quotas for the species indicated:

(i) Sturgeon - .Q.nn Two per day year per designated river or stream segment (all ooats Tribes collectively for both spearing and allowable nets)

(ii) Muskellunge - -Fe-Hr-Eight per day year per designated river or stream segment (all ooats Tribes collectively for both spearing and allowable nets)

(iii) Walleye -~ One hundred twenty per day year per designated river or stream segment (all ooats Tribes collectively for both spearing and allowable nets)

(iv) Smallmouth bass -Thirty per year per designated river or stream segment or as established by the tribal conservation department within trigger levels identified in the Stipulation for Fish Species Other Than Walleye and Mushellunge, Section (B)(l)(h) (all Tribes collectively for both spearing and allowable nets).

(v) Other fish species - No harvest quotas for fish species with open seasons as listed in Sec. 9.05(3), except from Stream

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Segment 31, no more than one hundred twenty fish which are walleye, sauger and walleye-sauger hybrids may be harvested (all Tribes collectively for both spearing and allowable nets).

(g) The tribal conservation department may impose such other terms and conditions as it deems necessary or appropriate, including biological monitoring requirements in addition to those contained in Section 9.06(8) appropriate to the level of harvest activity on a designated river or stream segment.

c. Model Off-Reservation Code Section 9.06(ll)(a) shall be modified

as follows:

(ll)(a) The permit shall authorize spearing only on an adjacent spawning stream segment listed in the comprehensive tribal document entitled: Designated Tribal River and Stream Segments in the Wisconsin portion of the 1837 and 1842 Ceded Territories, Version 1: {-October -201-Qf.

d. The subsections (8) and (9) shall be added to Model Off-

Reservation Code Section 9.07 as follows:

(8) The tribal conservation department may issue a netting permit, for the use of a dip net, fyke net or seine, to a member for a designated river or stream segment, as identified in Section 9.06(10), provided:

(a) The permit shall authorize netting only on a river or stream segment listed in the Designated Tribal River and Stream Segments in the Wisconsin Portion of the 1837 and 1842 Ceded Territories document as available for netting, other than gillnetting;

(b) No netting shall be authorized in any Tribal fish refuge, as established in the Tribal Fish Refuges Commission document, located within the designated river or stream segment;

(c) The permit requires the use of designated landings, or specified river access points, for ingress to and egress from the designated river or stream segment;

(d) The number offish available for harvesting within designated river or stream segments shall be set forth on a permit issued by the

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Tribal Conservation Department consistent with the following harvest quotas for the species indicated:

(i) Sturgeon - Two per year per designated river or stream segment (all Tribes collectively for both spearing and allowable nets)

(ii) Muskellunge - Eight per year per designated river or stream segment (all Tribes collectively for both spearing and allowable nets)

(iii) Walleye - One hundred twenty per year per designated river or stream segment (all Tribes collectively for both spearing and allowable nets)

(iv) Smallmouth bass -Thirty per year per designated river or stream segment or as established by the tribal conservation department within trigger levels identified in the Stipulation for Fish Species Other Than Walleye and Muskellunge, Section (B)(l)(h), (all Tribes collectively for both spearing and allowable nets).

(v) Other fish species - no harvest quotas for fish species with open seasons as listed in Sec. 9.05(3), except from Stream Segment 31, no more than one hundred twenty fish which are walleye, sauger and walleye-sauger hybrids may be harvested (all Tribes collectively for both spearing and allowable nets).

(e) The tribal conservation department may impose such other terms and conditions as it deems necessary or appropriate to the level of harvest activity on a designated river or stream segment.

(9) The tribal conservation department may issue a netting permit, for the use of a fyke net, dip net or seine, to a member for an adjacent spawning stream segment, as defined in Section 9.06(10), provided:

(a) The permit shall authorize netting (other than gillnetting) only on an adjacent spawning stream segment listed in the comprehensive tribal document entitled: Designated Tribal River and Stream Segments in the Wisconsin Portion of the 1837 and 1842 Ceded Territories.

(b) The Tribes' designated "lake" declaration (quota) for a fishing year will be deemed to apply to both the "lake" and to the "adjacent spawning stream segment" as defined in Section 9.06(10).

(c) The regulations that apply to netting in the "lake" shall also apply to netting in the "adjacent spawning stream segment" as defined in Section 9.06(10).

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(d) The tribal conservation department may impose such other terms and conditions as it deems necessary or appropriate to the level of harvest activity on an adjacent spawning stream segment as defined in Section 9.06(10).

4. The following documents shall be contained within appendices to

this Stipulation, reflecting agreements made herein on Designated Stream

Segments:

a. Appendix A (a red-lined version of the Tribes' Model Off-

Reservation Conservation Code amended or created by this Stipulation,

including Chapter 9).

b. Appendix B (a complete version of the Tribes' Model Off-

Reservation Conservation Code).

c. Appendix C (Tribal Administrative Documents amended or

created by this Stipulation, including Designated Tribal River and

Stream Segments in the Wisconsin Portion of the 1837 and 1842 Ceded

Territories).

B. STURGEON AND OTHER FISH HARVEST QUOTA

1. The Stipulation for Fish Species Other Than Walleye and

Mushellunge Phase (Docket Number 1568) shall be amended to remove the

personal, annual bag limit for lake or rock sturgeon in waterbodies in which a

quota has been set.

Section B.l.i. shall be amended as follows:

i. The harvest of rock or lake sturgeon shall be limited as follows:

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(1) A seasonal bag limit of one fish/person/year (all methods combined).,_ however the one fish/person/year bag limit will not apply to those lakes or river and stream segments for which the parties have set a tribal quota;

(2) The open season will be from June 1 to March 1, except that during spring spearing, one sturgeon per lake by all tribes may be taken; however the one sturgeon per lake by all tribes will not apply to those lakes of which the parties have set a tribal quota, nor will it apply to river or stream segments;

(3) Except on those lakes with adequate population estimates, there shall be a minimum size limit of forty-five inches;

( 4) On lakes with adequate population estimates for sturgeon (presently only Yellow Lake in Burnett County), there will be no size or seasonal restrictions; however, harvest on such lakes shall be governed by a tribal quota equal to five percent of the estimated number of forty-five inches and larger fish in the population and a daily bag limit of three (3) fish. Based on current information, the quota for Yellow Lake is fifteen fish;

(5) Within river segments available for tribal open water spearing and netting, as listed in the administrative document, Designated Tribal River and Stream Segments in the Wisconsin Portion of the 1837 and 1842 Ceded Territories, no more than two (2) rock or lake sturgeon per year shall be harvested per river or stream segment. The Tribes' designated "lake" declaration (quota), if any, for a fishing year will be deemed to apply both to the "lake" and the "adjacent spawning stream segment."

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2. This amendment requires changes to the Model Off-Reservation

Conservation Code as indicated below. The parties agree to amendments to

the Model Code to: (1) eliminate the bag limit for northern pike for most

methods; and (2) include a discussion of the trigger quota system from the

Stipulation for Fish Species Other Than Walleye or Muskellunge to clarify the

applicability of this process when harvest permits are issued.

a. Model Off-Reservation Conservation Code Section 9.05(3)(c) shall

be amended as follows:

Kind of Fish Methods Open Bag Maximum or and Locality Permitted Season Limit Minimum Size

(dates are Limits inclusive)

(c) Northern Pike (i) All waters Open water Year Around None None

hook & line fishing, ice

fishing (including

spearing when ice fishing)

(ii) All waters Open water Year Around 10 per None spearing subject pe:1:·senhlay to Section 9.06, Established by and snagging :germit subject

to Section 9.05(4}

(iii) All waters Setline, set or Year Around 10 per None bank pole p e:1:·sen,laay subject to Established by

Section 9.09 :germit subject to Section

9.05(4}

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(iv) All waters All nets (except Year Around lQ pe1:· None gillnets) subject person/day to Section 9.07 Established by

nermit subject to Section

9.05(4) (v) 1000 acre Gillnets subject June 1 to lQ per None or larger to Section 9.08 March 1 person/day lakes Established by

nermit subject to Section

9.05(4)

b. Model Code Section 9.05(3)(d) shall be modified as follows:

(d) Rock.,_ eF-Lake or Shovelnose Sturgeon (i) All waters Open water June 1 to 1 per 45" minimum

hook & line March 1 person/year size limit ( except fishing, ice (except as All methods as provided in

fishing provided in (excent as Section 9.26) (including Section 9.26 nrovided in

spearing when Section 9.26) ice fishing)

(ii) All waters Open water June 1 to 1 per 45" minimum spearing and March 1 person/year size limit (except

snagging (except that All methods as provided in subject to 1 sturgeon (excent as Section 9. 26)

Section 9. 06 and per lake may nrovided in spearing while be taken by Section 9.26)

ice fishing all tribes collectively

during sprmg

spearing and except as

provided in Section 9.26)

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(iii) All waters Setline, set or June 1 to 1 per 45" minimum bank pole March 1 person/year size limit (except subject to (except as All methods as provided in

Section 9.09 provided in (exce:gt as Section 9.26) Section 9.26) :grovided in

Section 9.26) (iv) All waters All nets (except June 1 to 1 per 45" minimum

gillnets) subject March 1 person/year size limit (except to Section 9.07 (except as All methods as provided in

provided in (exce:gt as Section 9.26) Section 9. 26) :grovided in

Section 9.26) (v) 1000 acre Gillnets subject June 1 to 1 per 45" minimum or lakes

larger to Section 9.08 March 1 person/year size limit (except (except as All methods as provided in

provided in (exce:gt as Section 9.26) Section 9. 26) :grovided in

Section 9.26)

c. Subsection (c) shall be added to Model Off-Reservation

Conservation Code Section 9.05(4), and it shall read:

(c) Tribal conservation de:gartments shall issue :germits for o:gen water s:gearing and netting for the harvest of largemouth bass, smallmouth bass and northern :gike in :garticular bodies of water. The :germits shall identify the bag limit which shall be set to avoid exceeding the quota triggering level for a :garticular body of water unless a quota has been set for that water body :gursuant to subsections (a) and (b) above, or unless the Tribes and the State of Wisconsin have agreed to a different quota triggering level. The standard quota triggering levels are:

(i2 Largemouth bass: 0.020 fish/acre or 5 fish :ger lake (whichever is greater);

(ii) Smallmouth bass: 0.007 fish/acre or 5 fish :ger lake and 30 fish :ger designated river or stream segment (whichever is greater); and

(iii) Northern :gike: 0.013 fish/acre or 5 fish :ger lake (whichever is greater).

d. Model Code Section 9.26 shall be modified as follows:

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(I) The regulations set forth in this Section shall supersede the season and size restrictions provided by Section 9.05(3)(d) [Seasons, Methods, Bag Limits and Size Limits: Rock or Lake Sturgeon].

(2) On lakes with adequate population estimates for sturgeon which are subject to a quota management system in accordance with the provisions of Section B.1.i. of the Stipulation for fish species Fish Species Other Than Walleye and Mushellunge referenced in Section 9.05(4) [Seasons, Methods, Bag Limits and Size Limits: Other Fish], there shall be no minimum size limit or seasonal restrictions, however there shall be a daily bag limit of three (3) fish. and tThe tribal conservation department may issue permits authorizing harvest by tribal members on these lakes, notwithstanding the limitation in Section 9.05(d) on harvesting one sturgeon per person, per year, accordingly provided total tribal harvest on such lakes is limited to a quota consistent with the Stipulation.

(3) Within designated river and stream segments listed and described in the administrative document, Designated Tribal River and Stream Segments in the Wisconsin Portion of the 1837 and 1842 Ceded Territories, no more than two sturgeon per year (all Tribes collectively) shall be harvested per river or stream segment, and the bag limit of one sturgeon per person, per year does not apply to sturgeon harvested within designated river and stream segments. The bag limit of one sturgeon per person, per year, shall apply to the harvest of sturgeon within adjacent spawning stream segments except for those adjacent spawning stream segments connected to lakes with adequate population estimates, as described in Section 9.26(2) above.


this Stipulation, reflecting agreements made herein on Sturgeon and Other

Fish Harvest Quota.






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C. ALTERNATIVE MONITORING

1. The parties have agreed to make amendments to the StipU,lation

on Biological and Certain Remaining IssU,es (Docket Number 911), as amended

by Section X of the StipU,lation for Technical, Management and Other Updates:

Second Amend,nent of the StipU,lations Incorporated in the Final JU,dgment,

and the StipU,lation for Fish Species Other Than Walleye and MU,shellU,nge

(Docket Number 1568) in order to allow for the alternative monitoring of all

species of fish harvested by the Tribes.

a. Section 3. e. of the StipU,lation on Biological and Certain

Other IssU,es (Docket Number 911), as amended by Section X of the

StipU,lation for Technical, Management and Other Updates: Second

Amendment of the StipU,lations Incorporated in the Final JU,dgment,

shall be modified by the addition of the following:

(i) Alternative Monitoring of Open Water Spearing on Certain Lakes Established.

(1) The parties agree to establish the following comprehensive tribal document in order to provide the tribes with an administrative mechanism which may be amended upon agreement of the parties, entitled:

(a) Tribal Alternative Monitoring of Open- Water Spearing on Certain Lahes in the Wisconsin portion of the 1837 and 1842 Ceded Territories.

(2) The parties agree that the Tribal Alternative Monitoring of Open-Water Spearing on Certain Lahes in the Wisconsin portion of the 1837 and 1842 Ceded Territories-document shall include the following regulations, which are modifications of the regulations established in Section X of the StipU,lation for Technical, Management and Other Updates: Second Amendment of the StipU,lations Incorporated in the Final JU,dgment:

(a) The tribes shall recommend that the tribal prosecutors charge in such a way so that tribal members

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caught in violation of this provision receive a mm1mum one-year revocation of their treaty harvesting rights upon successful prosecution. (b) Any tribe seeking to designate for spring spearing a water body listed in the Tribal Alternative Monitoring of Open-Water Spearing on Certain Lakes in the Wisconsin portion of the 1837 and 1842 Ceded Territories-document shall provide notice to the DNR of the bodies of water listed in the document which tribes have designated for spring spearing that night and of the walleye bag limit for each body of water to be fished in accordance with Sec. 5.00 of the Voigt Intertribal Task Force Protocol on Walleye and Muskellunge Harvest Levels. (c) Each tribe may only designate for spring spearing, two (2) water bodies per night that are listed in the Tribal Alternative Monitoring of Open-Water Spearing on Certain Lakes in the Wisconsin portion of the 1837 and 1842 Ceded Territories-document. However, after reviewing appropriate data and information and studying the compliance and enforcement of this provision, and upon the agreement of the parties, the tribes may incrementally increase the list of water bodies designated per night by each tribe to ten (10) water bodies that are listed in the Tribal Alternative Monitoring of Open-Water Spearing on Certain Lakes in the 1837 and 1842 Ceded Territories-document.

(d) The Tribal Alternative Monitoring of Open-Water Spearing on Certain Lakes in the Wisconsin portion of the 1837 and 1842 Ceded Territories-document may only initially include lakes that possess a maximum safe harvest of eighty (80) walleye and eight (8) muskellunge. After reviewing appropriate data and information and studying the compliance and enforcement of this stipulation, and upon further written agreement of the parties, the tribes may incrementally increase the list of water bodies to eventually include lakes that possess a maximum safe harvest of two hundred (200) walleye. (e) Any tribe seeking to designate for spring spearing a water body listed in the Tribal Alternative Monitoring of Open-Water Spearing on Certain Lakes in the Wisconsin portion of the 1837 and 1842 Ceded Territories-document shall designate a creel team to be present at a specific location or at the tribal registration station provided:

- 20 -


(f)

I.

II.

The specific location shall be determined at the time the permit is issued. The creel team shall remain on duty until the alternative monitored permit(s) the creel team is responsible for is turned in and the fish are harvested or creeled or notice is provided by the Biological Services Division or the Conservation Enforcement Division that the creel team is released for the night.

A tribal member may not be issued an alternative monitoring permit for spring spearing on a water body listed in the annually published tribal administrative document, entitled Tribal Alternative Monitoring of Open-Water Spearing on Certain Lahes in the Wisconsin portion of the 1837 and 1842 Ceded Territories, for a given night if the tribal member has already been issued a monitored spring spearing or netting permit or permits for that night, except that permit for spring spearing may be issued at the same time as a permit authorizing the use of a net is issued, for the purpose of setting a gillnet or fyke net. At any one time a tribal member may only possess one (1) alternative monitoring permit for a water body listed on the Tribal Alternative Monitoring of Open Water Spearing on Certain Lahes in the Wisconsin portion of the 1837 and 1842 Ceded Territories-document.

I. For the purpose of this section "night" shall be defined as the time between one hour after sunset on one day and one hour before sunrise on the following day: and the time of sunset and sunrise shall be ascertained according to the mean solar time of the ninetieth meridian west from Greenwich, commonly known as central time, as given in any almanac.

(g) Originally, tribes were limited to only harvesting walleye pursuant to the regulations established for alternative monitoring. The parties agree that it is appropriate to allow tribes to harvest muskellunge pursuant to these regulations. The parties agree that tribes may include waterbodies that possess a maximum safe harvest of eight (8) muskellunge as available for alternative monitoring and within the administrative document Tribal Alternative Monitoring of Open-Water Spearing on Certain Lahes in the Wisconsin Portion of the 1837 and 1842 Ceded Territories.

- 21 -


b. Section B.l.b. of the Stipulation for Fish Species Other

Than Walleye and Mushellunge (Docket Number 1568) shall be

amended as follows:

b. The tribes shall monitor on site all open water spring spearing of all species of fish, on site, or through alternative monitoring, as described in the annually published tribal administrative document, entitled Tribal Alternative Monitoring of Open-Water Spearing on Certain Lahes in the Wisconsin Portion of the 1837 and 1842 Ceded Territories. The parties agree that the regulations listed in Section 3.e.i.(2) the Stipulation on Biological and Certain Remaining Issues (Docket Number 911), as amended by Section X of the Stipulation for Technical, Management and Other Updates: Second Amendment of the Stipulations Incorporated in the Final Judgment and further amended by Section I. C of the Stipulation for Technical, Management and Other Updates: Fourth Amendments to the Stipulations Incorporated into the Final Judgment, shall apply to the alternative monitoring open water spearing of all fish.

2. These amendments require changes to the Model Off-Reservation

Conservation Code, as follows:

a. Model Off-Reservation Code Section 3.27(1)(k) shall be

amended as follows:

Tribal Alternative Monitoring of liValleye Harvest Open-Water Spearing on Certain Lahes in the Wisconsin Portion of the 1837 and 1842 Ceded Territories, Version 1: {.l'lovember 2010; and

b. Model Off-Reservation Conservation Code Section 9.06 (8)

shall be amended as follows:

The tribal conservation department shall not issue a spring spearing permit under this section for a particular body of water unless a biological monitoring team will be present at that body of water to monitor the spearing harvest, except as described in the most current version of the tribal administrative document, entitled Tribal Alternative Monitoring of Open Water Spearing on Certain Lahes in the

- 22 -


Wisconsin Portion of the 1837 and 1842 Ceded Territories the follov:ing comprehensive tribal document, as it may be amended from time to time, and is said document being hereby adopted and incorporated in this ordinance as if fully set forth therein, and no member shall fail to comply v-.rith the closures and other restrictions established by this document:, Version 1: [November 2010]. No member shall fail to comply with the closures and other restrictions established by this document.

Tribal i"dternative l\1onitm·ing of 'Nalleye Harvest on Certain Lakes in the 'Nisconsin portion of the 1837 and 1842 Ceded Territories, Version 1: [November 2010].


this Stipulation, reflecting agreements made herein on Alternative

Monitoring:






c. Appendix C (Tribal Administrative Documents amended or

created by this Stipulation, including Tribal Alternative Monitoring of

Open-Water Spearing on Certain Lahes in the Wisconsin Portion of the

1837 and 1842 Ceded Territories (2019 version)).

D. FYKE NET, DIP NET AND SEINE REGULATIONS

1. The parties have agreed to make amendments to the Stipulation

on Biological and Certain Remaining Issues (Docket Number 911) and the

Stipulation for Fish Species Other Than Walleye and Mushellunge (Docket

- 23 -


Number 1568) to clarify that up to four ( 4) members may harvest under the

authority of a group permit to harvest fish with a fyke net, dip net or seine.

2. Section 3.i. shall be added to the Stipulation on Biological and

Certain Remaining Issues (Docket Number 911), as follows:

1.,_ Model Off-Reservation Conservation Code Section 9.07 shall preempt Wis. Admin. Code NR § 13.16 insofar as it relates to seines, dip nets and fyke nets. The parties agree that group netting permits for the use of fyke nets, dip nets and seines should be regulated as follows:

(1) Tribes may allow up to four (4) members of a group or party to be issued a group netting permit at any one time. Each member shall be required to carry a copy of the group netting permit, listing their name, when engaging in activities authorized by the permit. (2) At least one of the members identified on the group netting permit must be present to set, lift and/or check the net as required by the tribal conservation department. (3) All group members identified on the group netting permit are equally responsible for complying with the provisions of this section. ( 4) Except for a group member that terminates their association with the group permit prior to its expiration, all group members identified on the group netting permit are equally subject to a citation if the violation occurs while the members are listed on the same group netting permit. (5) No group member listed on a group fyke netting permit may terminate their association with the group permit unless (1) the metal or plastic tag attached to the fyke net, as required by Section 9.07(2)(g), bears the tribal identification number of a group member who has not terminated their association with the group fyke netting permit; (2) prior to the group fyke netting permit's expiration, has provided notice to the other members of listed on the group fyke netting permit their intention to terminate association; and (3) the member has returned their permit to the tribal conservation department or to a Commission warden. (6) All remaining group members identified on the group netting permit are equally responsible for complying with all other requirements of this section. (7) The tribal conservation department may impose such other terms and conditions as it deems necessary or appropriate,

- 24 -


including biological monitoring requirements appropriate to the level of harvest activity on any body of water.

3. Section B.1.o. shall be added to the Stipulation for Fish Species

Other Than Walleye and Mushellunge (Docket Number 1568), as follows:

o. The Tribes may issue group fyke netting, dip netting or seining permits under following conditions:

i. Up to four ( 4) members of a group or party may be issued a group netting permit, for the use of a fyke net, dip net or seine, at any one time. Each member shall be required to carry a copy of the group netting permit, listing their name, when engaging in activities authorized by the permit. ii. At least one of the members identified on a group netting permit must be present to set, lift and/or check the net as required by the tribal conservation department. 111. All group members identified on the group netting permit are equally responsible for complying with the provisions of this section. iv. Except for a group member that terminates their association with the group permit prior to its expiration, all group members identified on the group netting permit shall be equally subject to a citation if the violation occurs while the members are listed on the same group netting permit. v. No group member listed on a group fyke netting permit may terminate their association with the group permit unless (1) the metal or plastic tag attached to the fyke net, as required by Section 9.07(2)(g), bears the tribal identification number of a group member who has not terminated their association with the group fyke netting permit; (2) prior to the group fyke netting permit's expiration, has provided notice to the other members of listed on the group fyke netting permit their intention to terminate association; and (3) the member has returned their permit to the tribal conservation department or to a Commission warden; vi. All remaining group members identified on the group netting permit are equally responsible for complying with all other requirements of this section; and vii. The tribal conservation department may impose such other terms and conditions as it deems necessary or appropriate, including biological monitoring requirements appropriate to the level of harvest activity on any body of water.

- 25 -


4. These amendments reqmre a change to the Model Off-

Reservation Conservation Code. Subsection 9.07(10) shall be added to the

Model Off-Reservation Conservation Code as follows:

(10) The tribal conservation department may issue group fyke netting, dip netting or seining permits under following conditions:

(a) Up to four (4) members of a group or party may be issued a group netting permit, for the use of a fyke net, dip net or seine, at any one time, and each member shall be required to carry a copy of the group netting permit, listing their name, when engaging in activities authorized by the permit;

(b) At least one of the members identified on a group netting permit must be present to set, lift and/or check the net as required by the tribal conservation department;

(c) All group members identified on the group netting permit are equally responsible for complying with the provisions of this section;

(d) Except for a group member that terminates their association with the group permit prior to its expiration, all group members identified on the group netting permit shall be equally subject to a citation if the violation occurs while the members are listed on the same group netting permit;

(e) No group member listed on a group fyke netting permit may terminate their association with the group permit unless (1) the metal or plastic tag attached to the fyke net, as required by Section 9.07(2)(g), bears the tribal identification number of a group member who has not terminated their association with the group fyke netting permit; (2) prior to the group fyke netting permit's expiration, has provided notice to the other members of listed on the group fyke netting permit their intention to terminate association; and (3) the member has returned their permit to the tribal conservation department or to a Commission warden;

(f) The tribal conservation department may impose such other terms and conditions as it deems necessary or appropriate,

- 26 -


including biological monitoring requirements appropriate to the level of harvest activity on any body of water.


this Stipulation, reflecting agreements made herein on Fyke Net, Dip Net and

Seine Regulations:






E. GILLNET MESH SIZE

1. In Section IX of the Stipulation for Technical, Management and

Other Updates: Second Amendment of the Stipulations Incorporated in the

Final Judgment, the parties agreed to changes within the Tribes' Model Off-

Reservation Conservation Code pertaining to gillnet mesh size. The parties

have agreed to maintain the changed regulations until 2027 to allow the

Fisheries Technical Working Group the opportunity to evaluate these

regulatory changes.

2. The Stipulation on Biological and Certain Remaining Issues

(Docket Number 911) Section 3.c., as amended by Section IX of the Stipulation

for Technical, Management and Other Updates: Second Amendment of the

Stipulations Incorporated in the Final Judgment, shall be further amended as

follows:

- 27 -


a. Subsection (ii) shall be modified as follows:

(ii) A provision that the allowable mesh size measured in inches, stretch mesh shall be determined from the spring walleye population average length,-a:nd the following chart and the provisions in 3.c.(iv):

Spring Length Maximum Allowable (Stretched) Mesh Size 13.5" 2.5" 13.5 - 16.49 11 3.0 11

No Length Data (NR Model) 3.0 11

No Length Data (ST and NR2/ REM Model) 3.5 11

16.5 - 18.49 11 3.5 11

18.5 - 20.49 11 4.0" 20.5 11 and under 4.5 11

b. Subsection (iv) shall be added as follows:

(iv) The parties agree that the Tribes may continue to use the above-listed parameters for gillnetting through 2027, while the parties evaluate their effect within an analysis carried out jointly, and through the Fisheries Technical Working Group.

F. HARVEST RESTRICTION CONTINGENT ON OTHER SPECIES

I. Section 3 of the Stipulation on Biological and Certain Remaining

Issues (Docket Number 911) shall be amended to clarify the regulations that

apply to gillnetting for cisco (tullibee) and whitefish.

a. Section 3.c.(ii) shall be amended as follows:

(ii) A provision that the allowable mesh size measured in inches, stretch mesh shall be determined from the spring walleye population average length and the following chart and the provisions in 3.c.(iv), except that the tribal conservation department may issue gillnet permits for the harvest of cicso (tullibee) and whitefish notwithstanding these provisions, on such terms as it as it deems necessary and appropriate: [ ... ]

- 28 -


2. This amendment requires a change to the Model Off-Reservation

Conservation Code Sections 9.05 and 9.08 as indicated below.

a. Model Off-Reservation Conservation Code Section

9.05(3)(h)-(i) shall be modified as follows:

Kind of Fish Methods Open Bag Maximum or Minimum Size and Locality Permitted Season Limit Limits

(dates are inclusive)

(h) White Bass, Rock Bass, Bluegill, Crappie, Pumpkinseed, Catfish, Yellow Perch, Yellow Bass, Cisco (i) All waters Open water Year Around None None

hook & line fishing, ice

fishing (including

spearing when ice fishing), open water

spearing and snagging subject to

Section 9.06; setline, set or

bank pole subject to

Section 9.09; all nets

(excluding gillnets)

subject to Section 9.07

- 29 -


(ii) 1000 acre or Gillnets subject Year Around None None larger lakes to Section 9.08 (i) Gisee and Whitefish (i) All waters Hook & line; Year Around Nonet None less than 1000 ice fishing exception: acres (including T1·0U:t bake

spearing when (Vilas ice fishing); GoU:ntyj open water Bag limits

spearing and for open snagging watm· subject to spearing

Section 9.06; and netting setline, set or estal3lished

bank pole By pm·mits subject to issU:ed

Section 9.09; pm·sU:ant all nets to Section

(excluding 9.Q@ and gillnets) &.G+,

subject to 1·espectivel Section 9.07 y

(ii) 1000 acre or Hook & line; Year Around Nonet None larger lakes.,_ ice fishing exception: excent Trout (including TroU:t bake Lake snearing when (Vilas

ice fishing); GoU:ntyj onen water Bag limits

snearing and fer snagfilng gillnetting subject to shall Be

Section 9.06; estal3lished setline, set or By p m·mits

bank nole issU:ed subject to pm'sU:ant

Section 9.09; to Section all nets -9--.-08

(excluding gillnets)

subject to Section 9.07;

gillnets subject to Section 9.08

- 30 -


(iii2 Trout Lake (Vilas County2

Hook & line; Year Around None for None ice fishing hook and (including line, ice

s2earing when fishing ice fishing2; (including 02en water ice

s2earing and s2earing2; snagg1,ng bag limits subject to for 02en

Section 9.06; water setline, set or s2eanng,

bank 2ole snaggmg, subject to and netting

Section 9.09; as all nets determined

(excluding by the gillnets2 Tribal

subject to Conservati Section 9.07; on

gillnets subject De2artmen to Section 9.08 t to 2revent

exceeding the annual

tribal guota of 0.5

fish/acre.

b. Model Off-Reservation Conservation Code Section 9.08(14)

shall be modified as follows:

(14) Notwithstanding the prov1s10ns of subs. (2)(d) and (2)(h), the tribal conservation department may issue a permit for gillnetting cisco (tulibees) and whitefish on such terms and conditions as it deems necessary or appropriate, provided that at a minimum all other provisions of this section shall otherwise apply to cisco and whitefish gillnetting permits.


this Stipulation, reflecting agreements made herein on Harvest Restriction

Contingent on Other Species:

- 31 -







II. AMENDMENTS TO THE STIPULATION ON GEAR IDENTIFICATION AND SAFETY MARKING (DOCKET NUMBER 913)

A. CLARIFYING REQUIREMENTS TO IDENTIFY AND MARK FYKE NETS, DIP NETS AND SEINES

l. Section 2 of the Stipulation on Gear Identification and Safety

Marking (Docket Number 913) shall be amended to clarify the identification

requirements pertaining to fyke nets, dip nets and seines.

a. Section 2 shall be amended as follows:

2. Upon the enactment and notice of the following provisions in lieu of those provisions identically numbered in the Model Off-Reservation Conservation Code (June 14, 1988), NR 13.16(3), NR 13.15(3)(a), (b), (c) and (d), and NR 13.18(3)(a) shall be preempted: [ ... ]

b. Subsection 2.d) shall be added, and it shall read as follows:

2.d) 0 R 9.07 (2)(g): Each fyke net shall have securely attached to it a metal or plastic tag displaying the member's tribal fishing identification number, or if a member is issued a group netting permit, a metal or plastic tag and a marker buoy or anchor flag which comply with the requirements of Model Code Sec. 9.07(2)(g) as expressed in sec. II.A.2.a. of the Stipulation for Technical, Management and Other Updates: Fourth Amendment to the Stipulations Incorporated into the Final Judgment, and the tag displays the tribal fishing identification number of one member in the group netting party listed on a permit for a group fyke netting permit and who has not terminated their association with the g:xoup fyke netting permit.

- 32 -


2. This amendment requires changes to Model Off-Reservation

Conservation Code Section 9.07(2)(g) as indicated below.

a. Model Off-Reservation Conservation Code Section

9.07(2)(g) shall be modified as follows:

The permit shall require that all nets authorized comply \Vith the marking requirements of Section ~(9) [Gillnets Regulated: l\tiarkings] and the safety requirements of Section ~(10) and (11) [Gillnets Regulated: Location]. Each fyke net shall have securely attached to it a metal or plastic tag, which shall be stamped or engraved with the member's tribal fishing identification number, or if a member is issued a group netting permit, a metal or plastic tag which is stamped or engraved with the tribal fishing identification number of one member in the group netting party. Additionally, each fyke net shall have attached securely to its "pot end" one marker buoy, visible from shore, and/or one anchor flag extending 3' (three feet) above the surface of the water and bearing a 10 sq. inch flag of a visible color.


this Stipulation, reflecting agreements made herein on Clarifying

Amendments to Identify and Mark Fyke Nets, Dip Nets and Seines:






III. AMENDMENTS TO THE STIPULATION FOR THE DEER TRIAL (DOCKET NUMBER 1167).

A. ELIMINATING THE REQUIREMENT THAT TRIBAL DEER HUNTERS WEAR BACKTAGS DURING THE MIDDLE DEER SEASON AND PROVIDING FOR THE USE OF BLAZE PINK CLOTHING DURING THE MIDDLE DEER SEASON.

- 33 -


l. Sections B. 2 and B.13 of the Stipulation for the Deer Trial (Docket

Number 1167) shall be modified to address amendments made to the Model

Off-Reservation Conservation Code following the adoption of the original

stipulation.

a. Section B.2 shall be amended as follows:

The plaintiffs' Off-Reservation Conservation Codes shall include enforcement and related provisions substantively identical in scope and content to secs. 3.02, 3.03, 3.04, 3.05(1), 3.06, 3.08, 3.09, 3.10, 3.11, 3.12, 3.13, 3.15, 3.16, 3.18, 3.19, 3.20, 3.21(1), 3.21(2), 3.21(5), 3.21(6), 3.21(7), 3.22, 3.23, 3.24, 3.26, 3.31, ch. 4 and 6.02, 6.04, 6.06, 6.07(3), 6.07(4), 6.08, 6.11, 6.13, 6.16, 6.21, and 6.22, of the model Off-Reservation Conservation Code (M:ay 30, 1989), as it might apply to those persons over whom the ti·ibes have jurisdiction, copies of which are attached hereto as Exhibit 1. The above-listed sections of the Model Off-Reservation Conservation Code were approved by agreement of the parties as of May 30, 1989, and approved by the Court with the adoption of the Stipulation for the Deer Trial in September, 1989. Certain sections have been subsequently amended by the following documents and processes: Stipulation for Miscellaneous Species and Regulatory Matters (Dochet Number 1607), Stipulation for Technical, Management, and Other Updates: First Amendment of the Stipulations Incorporated into Final Judgment, Stipulation for Technical, Management and Other Updates: Second Amendnient of the Stipulations Incorporated in the Final Judgment, Stipulation for Technical, Management and Other Updates: Fourth Amendments to the Stipulations Incorporated into the Final Judgment, and duly enacted Commission Orders, issued pursuant to Section V of the Stipulation for Technical, Management, and Other Updates: First Amendment of Stipulations Incorporated into Final Judgment, and Section III of the Stipulation for Technical, Management and Other Updates: Second Amendment of the Stipulations Incorporated in the Final Judgment.

b. Section B.13 shall be modified as follows:

The tribes and Great Lakes Indian Fish and Wildlife Commission enforcement and biological staffs shall share harvest, registration and similar data with the Wisconsin Department of Natural Resources'

- 34 -


enforcement personnel m a timely and professional manner. Specifically:

[Subsections (a)-(f) unchanged]

The enactment of Off Reservation Conservation Codes by plaintiffs which include provisions substantively identical in scope and content to the above noted sections of the Model Off Reservation Conservation Code (May 30, 1989, and subsequently modified by stipulations and processes approved by the Court), and which incorporate above designated modifications, shall pre-empt the enforcement of corollary provisions in Wis. Admin. Code ch. NR 13, as specifically set forth below:

Enactment of ORC sec.: pre-empts enforcement of

NR sec.:

[Previously identified provisions in this Section unchanged]

3.21(1) and (2) (Hunting in restricted areas, color of clothing)

13.04(5)(d), 13.30(l)(k) 13.32(2) (as modified by 2015 Act 131), 13.30(1)(k) (insofar as it relates to Wis. Stat. § 29.301(2))

2. The parties have agreed upon changes to Sections 3.21 and 6.07

of the Model Off-Reservation Conservation Code as indicated below.

a. Section 3.21(2) shall be amended as follows:

(2) Color of Clothing. During the middle deer season established pursuant to Section 6.07(3), no member shall hunt any wild animal except waterfowl unless at least 50% of the member's outer clothing above the waist is of one or more of the following highly visible color§. commonly referred to as blaze orange (also referred to as hunter orange,

- 35 -


fluorescent orange, flame orange, er fluorescent blaze orange}, or blaze pink/fluorescent pink.

b. Section 6.07(3) shall be amended as follows:

(3) Middle Season. (a) An annual middle firearm, bow and crossbow deer

season is hereby established beginning on the Saturday preceding the Thanksgiving day holiday and continuing for at least nine (9) consecutive days.

(b) The middle deer season shall automatically extend beyond nine (9) consecutive days if the State of Wisconsin extends its regular gun season beyond nine (9) days and shall remain open for the duration of the State's extended season.

(c) During the middle season, no member shall: (i) Fail to comply with the provisions of Section

3.21(2) [Blaze Orange/Blaze Pink Required]; or (ii) Hunt -...vithout a tribally furnished back tag

attached to the center of the member's outermost garment v:here it can be clearly seen; or ~ Fail to comply with any of the restrictions or

requirements generally applicable to deer hunting pursuant to this ordinance.


this Stipulation, reflecting agreements made herein on Eliminating the

Requirement that Tribal Deer Hunters Wear Backtags During the Middle Deer

Season and Providing for the Use of Blaze Pink Clothing During the Middle

Deer Season:



including Chapters 3 and 6).

- 36 -




B. AMENDMENTS TO THE REGULATIONS ON THE SAFE TRANSPORT OF FIREARMS, BOWS AND CROSSBOWS

1. Section B.13 of the Stipulation for the Deer Trial (Docket Number

1167) shall be amended to reflect updated standards on the safe transportation

of firearms, bows and crossbows.

a. Section B.13 shall be amended as follows:

13. The tribes and Great Lakes Indian Fish and Wildlife Commission enforcement and biological staffs shall share harvest, registration and similar data with the Wisconsin Department of Natural Resources' enforcement personnel in a timely and professional manner. Specifically:

[subsections (a)-(f) unchanged]


Enactment of ORC sec.:

3.21(3) (Safe use and transportation of firearms and bows)

- 37 -

pre-empts enforcement of

NR sec.:

13.04(2)(a)l9. and 13.32(2)(t) 13.42(2)


2. This amendment requires changes to Sections 3.21 and 3.25 of the

Model Off-Reservation Conservation Code as indicated below.

a. Section 3.21 shall be amended as follows:

[Subsections (1) - (2) unchanged]

(3) Safe Use and Transportation of Firearms and Bows. (a) Definitions. For the purpose of this ordinance, the

following terms shall be construed to apply as follows: (i) "Encased" means enclosed in a case that is

expressly made for the purpose of containing a firearm and that is completely zipped, strapped, buckled, tied or otherwise fastened with no part of the firearm exposed.

(ii) "Highway" means all public ways and thoroughfares and bridges on the same. It includes the entire width between the boundary lines of every way open to the use of the public as a matter of right for the purposes of vehicular travel. It includes those paved roads or driveways in the state, county or municipal parks and in state forests which have been opened to the use of the public for the purpose of vehicular travel and roads or driveways upon the grounds of any elementary or high school supported by public taxation and institutions under the jurisdiction of a county board of supervisors, but does not include private roads or driveways as defined below.

(iii) "Motorboat" means any boat equipped with propulsion machinery, whether or not the machinery is the principal source of propulsion and shall be distinguished from a "Non-motorized boat" which means a boat that is not a motorboat but that is designed and constructed to be used as a boat for transportation of a person or persons on water. The term, "non-motorized boat" includes, but is not limited to any canoe, sailboat, inflatable boat or similar device, row boat, raft and dinghy which is not a motorboat.

(iv) "Private Road or Driveway" is every way or place in private ownership and used for vehicular travel only by the owner and those having express or implied permission from the owner and every road or driveway upon the grounds of public institutions other than elementary and high schools supported by public taxation and institutions under the jurisdiction of a county board of supervisors.

- 38 -


(v) "Roadway" means that portion of a highway between the regularly established curb lines or that portion which is improved, designed or ordinarily used for vehicular travel, excluding the berm or shoulder. In a divided highway the term "roadway" refers to each roadway separately but not to all such roadways collectively.

(vi) "Unloaded" means having no shell or cartridge in the chamber of a firearm or in the magazine attached to a firearm.

(vii) "Vehicle" means every device in, upon or by which any person or property is or may be drawn upon a highway, except railroad trains, and includes a snowmobile as defined below.

(viii) "Snowmobile" means any engine driven vehicle of a type which utilizes sled type runners, or skis, or an endless belt tread or any combination of these or similar means of contact with the surface upon which it is operated, but does not include such vehicles which are either manually propelled or driven by a motor of 4 horsepower or less and operated only on private property.

(ix) "Stationary" means not moving, regardless of whether the motor is running.

(b) Prohibitions; Motorboats and Vehicles; Highways and Roadways.

(i) Except as provided in subs. (c), no member shall place, possess, or transport a firearm, bow or crossbow in or on a motorboat with the motor running, unless the fi1·earm is unloaded or unless the bow or m·ossbow is unstrung or enclosed in a carrying case. one of the following applies:

1) The firearm is unloaded. 2) The bow does not have an arrow nocked. 3) The crossbow is not cocked or is unloaded and

enclosed in a carrying case. (ii) Except as provided in subs. (b)(vi) or subs. (c), no

member shall place, possess or transport a firearm, bow or crossbow in or on a vehicle, unleso the firearm is unloaded and encased or unless the bov.r or crossbow is unst1·ung or is enclosed in a carrying case. one of the following applies:

1) The firearm is unloaded. 2) The bow does not have an arrow nocked.

- 39 -


3) The crossbow is not cocked or is unloaded and enclosed in a carrying case.

(iii) Except as provided in subs. (c), no member shall load or discharge a firearm or shoot a bolt or an arrow from a bow or crossbow in or from a vehicle.

(iv) Except as provided in subs. (c), no member shall discharge a firearm or shoot an arrow from a bow or crossbow from or across a highway or within 50 feet of the center of a roadway.

(v) Except as provided in subs. (c), no member shall hunt while possessing a loaded firearm or strung bow or crossbow within 50 feet of roadway's center.

(vi) Except as provided in subs. (c), no member shall, within I, 000 feet from the grounds of a school, or in a state park, state fish hatchery, or tribally designated wildlife area, have in or on a vehicle, or in his or her possession, or under his or her control a firearm, bow or crossbow, unless the firearm is unloaded and encased or locked in a firearm rack that is on a motor vehicle or unless the bow or crossbow is unstrung or is enclosed in a carrying case.

(c) Exceptions. (i) Subsections (b) (i), (ii), (iii) and (iv) shall not apply

to any person authorized by Section 4.02 to enforce the provisions of this ordinance who, in the line of duty places, possesses, transports, loads or discharges a firearm in, on or from a vehicle or motorboat or discharges a firearm from or across a highway or within 50 feet of the center of a highway.

(ii) Subsection (b)(i), (ii) and (vi) shall not apply to a member otherwise authorized by law to place, possess, load, or transport a handgun.

(iii) wSubsection (b)(ii) shall not prohibit a member from placing or possessing a firearm on leaning an unloaded firearm against a vehicle that is stationary.

(iv) -Emf-Subsections (b )(ii) and (iii) shall not apply to a member in or on a stationary vehicle which is parked off a highway and parked more than 50 feet from the center of the roadway.

(v) Subsections (b)(ii) and (iii) shall not apply to a member legally hunting from a stationary non-motorized vehicle that is not attached to a motor vehicle.

(vi) -Ei-v)--Subsections (b )(iv) and (v) shall not apply to a member who is lawfully hunting small game with a shotgun loaded with shotshell or chilled shot number BB

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or smaller, if the surface of the highway or roadway is anything other than concrete or blacktop.

(vii) -Evf-Subsections (b)(ii), (iii), (iv) and (v) shall not apply to a member who possesses a valid disabled hunters permit issued pursuant to Section 3.32 of this ordinance and who is hunting in or on a stationary vehicle in accordance with the provisions of that permit.

(viii) Subsection (b)(vi) shall not apply to a member who possesses a valid hunting permit in areas of a state park, state fish hatchery, or tribally designated wildlife area which are open to tribal hunting. In those areas, a tribal member may unease and load his or her firearm, for the purpose of hunting, after removing it from the vehicle at the location he or she will be hunting.

[Subsection (4) unchanged]

b. Section 3.32 shall be amended as follows:

[Subsections (1) - ( 4) unchanged]

(5) A Disabled Hunters Permit shall authorize the holder of the permit to hunt from a stationary vehicle and to load and discharge a firearm or shoot a bow or crossbow within 50 feet of the center of a roadway provided:

(a) The roadway is part of a county highway, a town highway or any other highway that is not part of a street or of a state trunk or federal highway;

(b) The holder of the permit is not hunting to fill the permit or tag of another person;

(c) The vehicle bears special registration "handicapped" or "disabled" plates issued by the tribe, a state or other governmental entity, or displays a sign provided by the Tribal Conservation Department on which "disabled" is conspicuously written;

(d) The holder of the permit discharges the firearm or shoots a bow or crossbow away from and not across or parallel to the roadway; and

(e) The holder of a permit shall not otherwise, possess or transport a firearm, bow or crossbow in or on a moving vehicle, unless the firearm is unloaded and encased 01· unless the bo'N or crossbov; is unstrung or is enclosed in a carrying case. one of the following applies:

(i) The firearm is unloaded. (ii) The bow does not have an arrow nocked.

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(iii) The crossbow is not cocked or is unloaded and enclosed . . 1n a carrying case.

[Subsections (6) - (9) unchanged]


this Stipulation, reflecting agreements made herein on Amendments to the

Regulations on the Safe Transport of Firearms, Bows and Crossbows:






C. REMOTE REGISTRATION OF DEER

1. The parties agree that the Tribe shall require registration within

3 working days of harvest, for deer registered in-person, and by 5:00 p.m. on

the day after harvest, for deer registered through the Tribes' remote

registration system. Sections B.13, E.2 and E. 7 of the Stipulation for the Deer

Trial (Docket Number 1167) and the Stipulation for Technical, Management

and Other Updates: First Amendment of Stipulations Incorporated into Final

Judgment (Docket Number 168 filed in 2008) shall be amended to provide for

the remote registration of deer.

a. Section B.13 Stipulation for the Deer Trial (Docket Number

1167) shall be amended as follows:

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13. The tribes and Great Lakes Indian Fish and Wildlife Commission enforcement and biological staffs shall share harvest, registration and similar data with the Wisconsin Department of Natural Resources' enforcement personnel in a timely and professional manner. Specifically:

[subsections (a) & (b) unchanged]

(c) The sequentially numbemd individually identifiable tags, stamps and/or permits referred to in secs. -&-.-±G-3.02(7) and 6.05 of the Model Off-Reservation Conservation Code (May 30, 1989, and subsequently modified by stipulations and processes approved by the Court) or any other identification system under .g..,..iQ.-3.02(7), shall be issued in manner which allows for the creation of a record of each tag, stamp, permit and registration' event by individual tribal member; indexed by numbm· and the information as to which a tribal member a tag has been issued these records shall be safely and securely maintained by the Great Lakes Indian Fish and Wildlife Commission and/or the Tribes, ensuring that they are shall_be promptly accessible to the Department of Natural Resources upon request. l. .. n example of the format of the tribal record is attached as Exhibit 1.

[Subsections (d)-(f) unchanged]


Enactment of ORC sec.:

6.06 (Registration)

6.22 and 6.05

- 43 -

pre-empts enforcement of

NR sec.:

13.32f2fW@ 13.30(2)(0) and 13.38(6)

13.30(l)(u) and


(Tagging, removal, 13.30(2)(0) retention of tags)

b. Section IV.A of the Stipulation for Technical, Management

and Other Updates: First Amendnient of Stipulations Incorporated into

Final Judgment (Docket Number 168 filed in 2008) shall be modified as

follows:

A. The parties agree that the Tribes will amend§§ 6.06, 7.08, 8.08, 8.26, 9.15 (attached in Appendix A) of the Model Code implementing a change to provide for a tribal registration deadline for all species to be 3 working days after harvest for carcasses registered in-person, and by 5:00 p.m. on the day after harvest, for carcasses registered through the Tribes' remote registration system, rather than the 1 working day registration deadline provided in the original Model Code.

2. These amendments require changes to Sections 3.02, 6.05, 6.06,

6.11 and 6.13 of the Model Off-Reservation Conservation Code as indicated

below.

a. Section 3.02 shall be modified as follows:

[Subsections (1)-(6) unchanged]

(7) Permits, stamps, carcass tags and registration tags issued or used pursuant to this ordinance in connection with any species for which a harvest quota is established shall be numbered sequentially and shall be indexed by number issued in a manner to allow for making information regarding the identity of the person who has been issued a tag or permit to be readily accessible.

(8) The tribal conservation department may issue individual tribal member hunting, trapping and/or fishing identification numbers as part of its ceded-territory wide automated system for issuing permits.

b. Section 6.05 shall be modified as follows:

(1) No member shall hunt deer pursuant to this chapter without possessing a valid deer stamp hunting permit approved by the Tribe.

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Such a permit may be the member's tribal identification card required by Section 3.02(2) [Permits and Identification: Tribal Identification Cards Required]. (2) (a) No member shall hunt deer without possessing a valid deer stamp carcass tag, except as provided in Section 6.11 [Group Deer Hunting].

(b) The tribal conservation department shall issue no more than four (4) deer stamps carcass tags at one time to a member except as authorized in Section 6.19 [Level 2 Commercial Harvest].

(3) No antlerless deer stamps permits are necessary, except when an antlerless deer harvest threshold was reached in the previous year and a quota has been declared pursuant to Section 6.03 [Number of Antlerless Deer Available for Harvest] of this ordinance. When an antlerless deer stamp is necessary, the following regulations apply:

(a) ,-x1hen necessary, nNo member shall hunt antlerless deer without an :val-id antlerless deer stamp permit bearing the numbei· of the member's carcass tag(s) and valid for the unit in date on which the member is hunting, except as provided in Section 6.11 [Group Deer Hunting].

(b) ·when necessary, nNo member shall hunt antlerless deer pursuant to Section 6.18 [Level 1 Commercial Harvest] without possessing a valid level 1 commercial antlerless deer harvest permit indicating the level 1 antlerless deer harvest zone in which the member may hunt.

( 4) When an antlerless deer stamp is necessary, no antler less deer permits or stamps shall be considered valid for any deer management unit:

(a) which is shown to be closed on the permit or stamp: (b) for which the permit or stamp is marked as invalid or which

has been deactivated by the tribe's permitting system; or (c) on ,.vhich any deer management unit number has been slit,

punched through or otherwise crossed out in any fashion; or -(d)-with respect to a level 1 commercial harvest antlerless deer

permit, which lies outside the level 1 commercial harvest zone in which the member is authorized to hunt.

(5) No member shall move or field dress a deer before affixing to it a leave a deer carcass unattended in the field without affixing to it a :val-id carcass tag listing the member's hunting identification number and the deer stamp number for that carcass.

- 45 -


(6) No member shall move or field dress an antlcrlcss deer v:ithout making a slit or punch on the antlcrlcss deer permit, when antlerless dc01' permits are necessary, through the number of the deer management unit in which the deer has been killed. [open]

[Subsections (7) & (8) unchanged]

c. Section 6.06 shall be modified as follows:

(1) A member who has killed a deer pursuant to this ordinance, or, in the instance of group hunting pursuant to Section 6.11 [Group Hunting], whose deer stamp was used for the harvest of that carcass tag has been placed on the deer, shall register the deer by presenting it to a tribal registration station no later than 5:00 p.m. of the third working day after the killing, or shall register the deer using the tribe's remote registration system or by presenting it to a tribal warden by 5:00 p.m. the day after the killing.

(2) Except as otherwise provided in Sections 6.18 [Level 1 Commercial Harvest] and 6.19 [Registration of Deer for Commercial Purposes], members may register deer in-person, at tribal registration stations, or by using the tribe's remote registration system.

llil Upon registering a deer pursuant to this scction,___hy presenting the carcass in-person at the tribal registration station, the registering official shall affix a registration tag and duly record in an appropriate manner all information required to be provided by the member at the time of registration .

.(b) Upon registering a deer using the tribe's remote registration system, the member shall supply all information requested, record the registration number generated by the tribal remote registration system on his or her deer hunting permit, which shall be maintained by the member until the carcass is consumed .

.(d No member shall fail to present the carcass, or certain parts of the carcass, to the tribal registration station when requested by the Biological Services Division.

(3) When antlerlcss deer stamps permits arc necessary, a member registering an antlerlcss deer shall surrender his or her antlcrless deer permit in person or through the tribe's remote registration system will deactivate the antlerless deer stamp upon registration of the deer.

( 4) A member registering a deer shall provide the registering official or the tribe's remote registration system with the following information: the type of deer (antlered or antlcrlcss) taken, the management unit and

- 46 -


county where the deer was taken, the date when the deer was taken, the tribal identification number of the member taking the deer and any other relevant information requested by the registering official or the tribe's remote registration system.

(5) Except as provided in Sections 6.18 [Level 1 Commercial Harvest] and 6.19 [Registration of Deer for Commercial Purposes], Nno member shall register a deer except by presenting the whole carcass to the registering official, or, in the alternative, by presenting the head of a carcass (except as p1·ovided in Sections 6.18 [Level 1 Commercial Harvest] and 6.19 [Registration of Deer for Commercial Purposes]).,_ provided the carcass tag is firmly affixed to the head or any part thereof.,_ or, in the alternative, using the tribe's remote registration system.

(6) No person shall provide information to the registering official or the tribe's remote registration system which the person knows, or has reason to know, is false or misleading.

(7) Any tribal or Commission warden authorized pursuant to Section 4.02 [Enforcement by Deputized Conservation Wardens] to enforce the provisions of this ordinance is authorized to registe