CHAPTER 7 - - COMMERCIAL FISHING REGULATIONS

7.1 SECTION 1: GENERAL PROVISIONS

Members of the Red Cliff Band may fish for commercial purposes on the Red Cliff Reservation and on Lake Superior subject to the following restrictions:

7.1.1

COMMERCIAL FISHING LICENSE. Every member who fishes for commercial purposes on the Reservation or on Lake Superior shall have in his possession a valid Tribal Commercial Fishing Identification Card.

7.1.2

A Commercial Fishing License shall be valid for the duration of one Fishing Year, which extends from November 28 of each year through and including November 27 of the following year. No Commercial Fishing License shall be valid during any Fishing Year other than the Fishing Year for which the license was issued. The deadline to apply for a Commercial Fishing License for each Fishing Year will be November 1 prior to the beginning of the Fishing Year. No Commercial Fishing License applications will be accepted after this date.

7.1.3

LARGE BOAT LICENSE. No more than 14 large boat license shall be in effect at any time. Of the large boat license in effect no more than 10 shall be licensed to fish the Wisconsin waters of Lake Superior. A large boat licensee must own and operate a vessel with a powered net lifter. Prior to the beginning of each Fishing Year the Conservation ommission shall set a fee for a Large Boat License.

7.1.4

SMALL BOAT LICENSE. A small boat licensee must (a) be 18 years of age on or before the first day of the Fishing Year for which a small boat license is sought; (b) own a boat 14 feet in length or larger, registered in the licensees name; and (c) own 7 or more gill nets with a mesh size of 4 1/4 inch or larger, and with a combined length of 1200 feet or more. Prior to the beginning of each Fishing Year the Conservation Commission shall set a fee for a Small Boat License.

7.1.5

If a member gives up his Commercial Fishing License and obtains a Home Use Fishing License, he shall not be eligible to obtain another Commercial Fishing License for one year. No member shall possess both a Commercial Fishing License and a Home Use Fishing License.

7.1.6

 WISCONSIN AND MICHIGAN WATERS: ELECTION. At the time of applying for a large boat license, the potential licensee shall elect to fish in either Wisconsin or Michigan waters of Lake Superior, and appropriate tags shall issue. Thereafter, licensees shall not be permitted to transfer between Wisconsin and Michigan waters.

7.1.7

Commercially licensed boats may not fish home use nets unless authorized by the tribal biologist or his designee. If such home use nets are fished by a commercial licensee, they must be labeled as home use and contain the same information as required for commercial nets. In no instance may a commercial boat fish both commercial and home use nets at the same time.


7.2 SECTION 2: MINIMUM SIZE LIMITS

7.2.1

Whitefish less than 17 inches in length may not be sold. Dead undersize fish shall be tagged with yellow Home Use tags and may be consumed by the licensee and his family or may be given to the Tribe and used for charitable purposes.


7.3 SECTION 3: MESH SIZE

7.3.1

From October 1 through and including November 27, no commercial licensee shall set gill nets with a mesh size of 4 1/4 inches and greater, at depths less than 35 fathoms. From November 28 through and including November 30, no commercial licensee shall set the nets described in this paragraph at depths less than 12 fathoms.


7.4 SECTION 4: SEASONS

7.4.1

There will be three fishing seasons and one closed season.

a) Season one will be from November 28 to March 31.

b) Season two will be from April 1 to May 31.

c) Season three will be from June 1 to September 30.

d) The closed season will be from October 1 through November 27.

7.4.2

During the closed season no commercial licensee shall take or retain any whitefish or lean lake trout.

7.4.3

To insure the lean lake trout quota established in Section 7.7.1 is not exceeded, fishing effort, measured in terms of feet of net set, shall be limited. Prior to the start of each Fishing Year, the Fisheries Department shall give notice of a meeting at which each licensee shall receive their allocation of net footage for the upcoming Fishing Year. For the Fishing Years 1992, 1993, 1994 and 1995, the total amount of net footage available for all licensees shall be set by the Fisheries Department in conformity with the 1991 and 1994 amendments to the Lake Superior Management Agreement. The setting of any net in excess of the amount allocated to each licensee at the annual meeting referenced in this section shall be a prosecutable offense.

7.4.4

Individual fishing effort allocations may not be transferred except by writings signed by transferor and transferee, verified and dated by signature of the fisheries biologist and filed with the fisheries biologist. No such transfer or claim of such transfer shall be a defense to a prosecution for exceeding fishing effort where the written transfer was filed and verified after the date of the alleged offense.


7.5 SECTION 5: NET MARKING

7.5.1

Each gang of nets shall be marked with a buoy on each end. The inside buoy shall have 2 flags and the outside buoy shall have 1 flag. Buoys shall be red and white and shall bear the Commercial Fishing License number. Ice buoys may be used when necessitated by lake conditions.

7.5.2

For gill nets with a mesh size of 4 1/4 inches and greater, each set of nets set in waters less than 55 fathoms shall include an informational tag on the outside buoyline ten feet below the waters surface or on a tag placed in a secure pocket of the outside buoy flag. Each tag shall state the date on which the gill net was set and the length of the gang of nets. Tags will be provided, upon request, by the Red Cliff Fisheries Department. It shall be a defense to this section that footage indicated is within ten percent of actual net footage.


7.6 SECTION 6: TAGGING

7.6.1

LEAN LAKE TROUT.

(a) All lean lake trout taken shall be tagged with tags furnished or authorized by the Red Cliff Band, except as provided in (b).

(b) Live lean lake trout taken during seasons one (1) and two (2) must be returned to the water. For purposes of this section, "live" means any lean lake trout reasonably expected to survive. No lean lake trout may be returned to the water in season three (3).

(c) Commercial lean lake trout tags shall be valid only during the fishing year for which they were issued, except that properly tagged fish held for market reasons shall be recognized as legal if sold before the end of the year immediately following the fishing year the tags were issued.

(d) Every licensee shall affix tags before the fish are brought to shore, or, in the case of fish taken on the ice, before the fish are transported, unless tagging is prevented by an extreme case of adverse weather or bodily injury. In such cases, the licensee shall immediately notify the Red Cliff Conservation Department, which shall take custody of the untagged lean lake trout pending tagging. The licensee shall bear the burden to prove that inclement weather or similar dangers prevented the timely tagging of the fish. Failure to use available means of notifying tribal wardens in advance, or the fact that the fish were not dressed, shall constitute prima facie evidence that failure to tag was not due to inclement weather.

7.6.2

HOME USE TAGS. Lake trout which a licensee does not choose to sell may be tagged with white home use lake trout tags if a portion of the home use quota is allocated to commercial licensees for the fishing year in which the fish are taken. Fish tagged with Home Use tags may be consumed by the licensee and his family or given to the Tribe and used for charitable purposes.

7.6.3

MICHIGAN FISH. No licensee shall dock or bring to shore in Wisconsin lake trout harvested in Michigan unless such fish are tagged in conformity with Red Cliff tribal law. Regardless of whether or not the fish are tagged, no licensee shall dock or bring to shore in Wisconsin a combined catch of lake trout taken from both Wisconsin and Michigan. No licensee shall, while lake trout taken from Michigan are aboard, lift nets in Wisconsin. No licensee who has in his possession or aboard his vessel tags for Michigan lake trout, shall fish in the Saxon Harbor Area as defined in sec. 7.12.9.

7.6.4

It is not a defense to a violation of sec. 7.4.3 that a licensee has lean lake trout tags remaining.


7.7 SECTION 7: LEAN LKE TROUT OUOTA

7.7.1

The harvest of lean lake trout during any Fishing Season shall be governed by a quota. At the start of each Fishing Year, the quota shall be determined by the Red Cliff Fisheries Department, subject to ratification by the Tribal Council. The quota shall be enforced by means of the tagging provisions in Section 7.6 of these regulations and subject to the effort limitations contained in sec. 7.4.3 of these regulations. For the Fishing years 1992, 1993, 1994, and 1995, the lean lake trout quota is hereby declared to be 19,800 fish per annum.

7.7.2

After deducting and setting aside a portion of the quota to cover home use consumption, the Fisheries Department shall allocate a portion of the quota to each tribal member possessing a valid Commercial Fishing License at the start of the Fishing Season. Total effort expressed in terms of footage of net fished shall operate as a limitation of the lean lake trout quota under this section seven.


7.8 SECTION 8: PROHIBITED SALES

7.8.1

No licensee shall sell to a non-Indian any of the following species: brown trout, brook trout, rainbow trout; splake; coho salmon; chinook salmon; Atlantic salmon; lake sturgeon; small mouth bass; perch; northern pike; or pan fish, that is, bluegill, sunfish, rock bass, crappie, and yellow perch.


7.9 SECTION 9: REPORTING REQUIREMENTS

7.9.1

All commercial fishermen shall file reports for periods ending on alternate Fridays beginning with the second Friday in December.

(a) The reports shall contain the following information: records of catch and effort by day and location by grid, the number of pounds of each type of fish taken, the type and amount of fishing gear employed, the length of time (number of nights) each unit was fished without being lifted, and other such data the Red Cliff Fisheries Department may require.

(b) Reports are due no later than the third working day following the reporting period. Reports shall be filed regardless of whether or not any fish were caught or any fishing was done.


7.10 SECTION 10: INSPECTIONS AND SEARCHES

7.10.1

INSPECTIONS. Licensees shall allow Tribal Conservation Law Enforcement Officers to inspect nets, vessels, and vehicles used in the fishing operation, and to inspect any fish taken and retained by a licensee at any reasonable time and place.

7.10.2

STOPS AND SEARCHES. (a) On the Water. Licensees shall stop their vessel upon being hailed by tribal or state wardens acting under the authorization of this ordinance and the agreement between the Tribe and the State of Wisconsin.

State wardens are authorized to request a stop for the purpose of (1) obtaining the identification of persons apparently engaged in fishing activities and previously unknown to the wardens; and (2) searching the vessel where the warden has probable cause to believe that an offense under this chapter has occurred and that evidence of the offense will be found on board.

Not withstanding that a state warden has stopped a vessel on probable cause, said warden may not board and conduct a search of the vessel unless and until:

(1) he has informed the licensee of the nature of the offense and his probable cause for believing that it has occurred; and

(2) the licensee expressly consents to the search; or

(3) the warden attempts in good faith to contact tribal wardens for at least 1/2 hour without success; or

(4) tribal authorities cannot reach the scene within 1 1/2 hours of receiving notice of the request to search; or

(5) tribal authorities fail to reach the place of docking within 1/2 hour of the licensees arrival.

(b) On the Ice. Licensees shall allow state wardens acting under the authority of this ordinance and the agreement between the Tribe and the State of Wisconsin, to conduct a search on the ice where the warden:

(1) has probable cause to believe that an offense under this chapter has occurred and evidence of the offense will be found amongst the licensees effects on the ice; and

(2) the warden informs the licensee of the nature of the offense and his probable cause for believing that it has occurred; and

(3) state authorities are unable to contact tribal authorities to conduct the search.

(c) Vehicle Search. Licensees shall allow state wardens acting under the authority of this ordinance and the agreement between the Tribe and the State of Wisconsin, to conduct a search of a vehicle where the warden:

(1) has probable cause to believe that an offense under this chapter has occurred and evidence of the offense will be found in the vehicle; and

(2) the warden informs the licensee of the nature of the offense and his probable cause for believing that it has occurred; and

(3) state authorities are unable to contact tribal authorities to conduct the search.

(d) Unauthorized Stop and Search. No evidence acquired as a result of a stop or search by state wardens other than as expressly authorized above, may be admitted in evidence in any prosecution under this chapter. Where the initial stop is not authorized the fact that the licensee consents to a subsequent search shall not be deemed to waive or cure the defect.

7.10.3

JOINT PATROLS.

Where a tribal warden on joint patrol shall decide to board a tribal boat, inspect or seize a tribal catch or take similar law enforcement action involving tribal members, state wardens, acting under the direction of the tribal warden, shall be authorized to participate in conducting boarding, inspection, seizure or other action, and it shall not be an objection to a subsequent citation or prosecution that state wardens so participated.

7.10.4

The Red Cliff Band of Lake Superior Chippewa hereby authorize tribal wardens from the Bad River Band of Lake Superior Chippewa to enforce its ordinances pertaining to fishing in the Wisconsin waters of Lake Superior and to cite alleged violations thereof into the Red Cliff Tribal Court. This section does not authorize Great Lakes Indian Fish and Wildlife Commission (GLIFWC) wardens nor Wisconsin Department of Natural Resources (WDNR) wardens to independently cite alleged violations of this Code into the Red Cliff Tribal Court, regardless of any cross--deputization agreement(s) that may apply to the Bad River Band.

7.10.5

SEIZURES. Tribal authorities are authorized to seize fishing gear set in violation of these regulations, to seize contraband fish, or to seize evidence of a violation. State authorities are authorized to seize fishing gear set in areas closed pursuant to sec. 7.11 or sec. 7.12, or to seize evidence pursuant to a search authorized by sec. 7.10.2. Licensees shall not interfere with or resist such seizures. Fishing gear shall be returned to the licensee if the licensee stipulates to ownership and physical description to the satisfaction of the tribal prosecutor. All other items seized shall be held by the Tribe pending disposition by the court pursuant to sec. 7.15.


7.11 SECTION 11: CLOSED AREAS

7.11.1

Except as provided in sec. 7.11.5 below, it shall be unlawful to fish in the Gull Island Refuge, as described in sec. 7.11.2; in the Devils Island Refuge, as described in sec. 7.11.3; or in the Cat Island Seasonal Refuge, as described in sec. 7.11.4.

7.11.2

Gull Island Refuge is defined as all waters bounded by a line from the southernmost point of Outer Island in a straight line and southerly direction to the Gull Island light and then south to the northernmost point of Michigan Island proceeding in a southerly direction following the shoreline of Michigan Island to the Michigan Island light, thence southerly towards the center of the mouth of the Bad River in Ashland County to latitude 46 40, thence due east to the Michigan state line; thence northerly along the state line to a point due east of the southerly tip of Outer Island; from that point due west to the southernmost point of Outer Island, the place of beginning excluding those waters within two miles of Outer Island.

7.11.3

Devils Island Refuge is defined as all waters wherein the bottom lies at a depth of less than 35 fathoms northerly from a line beginning two miles north of the Outer Island light and extending westerly to the north end of North Twin Island, thence along the shoreline to the south end of North Twin Island, thence southwesterly to the north end of South Twin Island, thence northerly to the north end of Rocky Island, thence along the north shoreline to the northwest point of Rocky Island, thence northwesterly to the south end of Devils Island, thence along the shoreline to the north end of Devils Island, thence westerly to a point 2.5 Statute miles north of the York Island Shoal bell buoy.

7.11.4

Cat Island Seasonal Refuge is defined as all waters bounded by a line extending from a point two miles north of the Outer Island light to the northern end of North Twin Island, along the shoreline to the southernmost end of North Twin Island, thence southwest to the north end of South Twin Island, along the shoreline to the southernmost end of South Twin Island, thence easterly to the north end of Cat Island, thence along the shoreline to the easternmost point of Cat Island, thence northeasterly to the Outer Island light, thence due north to the place of beginning, from September 1 through and including November 27.

7.11.5

The following fisheries are allowed:

(a) In the Gull Island Refuge described in sec. 7.11.2 where the lake bottom lies at a depth of 35 fathoms (210 feet) or more.

(b) In the Gull Island Refuge described in sec. 7.11.2, for the taking on monominee whitefish from November 5 through December 5 only, in waters less than 7 fathoms in depth which immediately adjoin Michigan Island, using gill nets with a mesh size no greater than 2 3/4 inches stretch measure.

(c) In that area of the Devils Island Refuge described in sec. 7.11.3, south of a line running northwesterly from the northern tip of Devils Island, for the taking of herring from November 15 through January 15 only, using gill nets with a mesh size no greater than 3 inch stretch measure.


7.12 SECTION 12: RESTRICTED SPORT FISHING AREAS

7.12.1

Except as provided in sec. 7.12.12 below, it is unlawful to fish using a net in the areas described in sec. 7.12.2 through sec. 7.12.11.

7.12.2

Minnesota -- Iron River Area. All waters from a line extending due north from the mouth of the Iron River, westerly to the Wisconsin--Minnesota state line where the bottom lies at a depth of less than 35 fathoms.

7.12.3

Iron River -- Cranberry River Area. All waters from a line extending due north from the mouth of the Iron River, easterly to a line extending due north from the mouth of the Cranberry River at Herbster where the bottom lies at a depth of less than 15 fathoms.

7.12.4

Cranberrv River -- Ouarry Point Area. All waters from a line extending due north from the mouth of the Cranberry River at Herbster, easterly to the Bark Point -- Roman Point line where the bottom lies at a depth of less than 12 fathoms.

7.12.5

Siskiwit Bay. All waters of Siskiwit Bay bounded by the shoreline and a line extending from Roman Point to Squaw Point.

7.12.6

Port Superior Area. All waters from a line extending due east from the breakwall light at Port Superior, southerly along the shoreline to Houghton Point, wherein the bottom lies at a depth of less than 9 fathoms, and those waters within one mile of the mouth of any stream along this shoreline.

7.12.7

Chequamegon Bay Area. All waters of Chequamegon Bay bounded by the shoreline and a line extending from the easterly most tip of Houghton Point, Bayfield County, to the Chequamegon Point light on the western tip of Long Island, Ashland County.

7.12.8

Hagens Beach Area. All waters east of Madeline Island between a line extending due east from the southernmost tip of Madeline Island to the western boundary of the Gull Island Refuge and a line extending from the east end of Hagen Road to the western boundary of the Gull Island Refuge from June 1 through August 31.

7.12.9

Saxon Harbor Area. All waters bounded by a line beginning at the mouth of Graveyard Creek extending due north to the southern boundary of the Gull Island Refuge, thence due east to the Wisconsin-Michigan State line, thence southwesterly along the Wisconsin-Michigan State line to the mouth of the Montreal River, thence westerly along the mainland shoreline to the place of beginning.

7.12.10

Bark Bay Area. All waters of Bark Bay bounded by the shoreline and a line extending from Roman Point to Bark Point.

7.12.11

Sand Cut Area. All waters bounded by a line beginning at the Chequamegon Point light on the western end of Long Island extending northeasterly to the southernmost point of Madeline Island, thence due east to the western boundary of Gull Island Refuge, thence southerly along the refuge boundary to latitude 46 40, thence due west to the mainland shoreline, thence northwesterly along the shoreline to the place of beginning.

7.12.12

The following fisheries are open to net fishing subject to the restrictions described:

a) Bark Bay Area, described in sec. 7.12.10, from April 1 through May 31.

b) Minnesota -- Iron River Area, described in sec. 7.12.2, from November 15 through December 31, in waters greater than 15 fathoms, between the mouth of the Brule River and the mouth of the Iron River, using nets of mesh size no greater than 3 inch stretch measure.

c) Port Superior Area, described in sec. 7.12.6, from June 1 through August 15.

d) Hagens Beach Area, described in sec. 7.12.8, from September 1 through May 31, subject to closed season for whitefish or lean lake trout set forth in sec. 7.4.

e) Saxon Harbor Area, described in sec. 7.12.9, from ice out to Friday of Memorial Day weekend.

f) Saxon Harbor Area, described in sec. 7.12.9, from November 15 through December 15, for the taking of herring, using nets no less than 2 1/2 inch stretch measure and no greater than 3 inch stretch measure, at depths 14 fathoms and below.

g) Restricted areas west of Bark Point and east of a point one mile west of Port Wing, for the taking of walleye.

h) By Permit. Nets may be fished under permit issued by the Red Cliff Fisheries Department for the taking of rough or detrimental fish only.


7.13 SECTION 13: ADDITIONAL CLOSURES AND RESTRICTIONS

7.13.1

MANDATORY WITHDRAWAL. It shall be unlawful to fail or refuse to withdraw from any area declared closed by the Red Cliff Band.

7.13.2

7.13.2 ADDITIONAL RESTRICTIONS. It shall be unlawful to fail or refuse to comply with such additional fishing restrictions as may from time to time be enacted by the Tribe.

7.13.3

NOTIFICATION. In the event that the Tribe closes an area not enumerated in sec. 7.11, or sec. 7.12, or imposes restrictions not enumerated in this Chapter 7, the Tribe shall be entitled to rely on telephone numbers and addresses on file with the Fisheries Department in notifying licensees. Notice of a closure or restriction shall be deemed to have been given when a postage--paid letter is deposited in the mail addressed to the licensee and describing the tribal action, regardless of whether or not the licensee receives the notice.

7.13.4

Additional closures or restrictions shall be effective upon declaration by the Tribe and upon notification as provided in sec. 7.13.3, and no publication otherwise required in sec. 27.2.1 shall be required.


7.14 SECTION 14: BIOLOGICAL SAMPLING

7.14.1

All catch is subject to reasonable biological sampling by the Tribal Fisheries Biologist. Notwithstanding the provisions of any other section of these rules, assessment fishing is permitted at any time and location with the written permission of and under the supervision of the Tribal Fisheries Biologist or joint Tribal/State Fisheries assessment teams.

7.14.2

If inspection or sampling requires taking legally harvested fish or impairs their market value, the fishermen shall be reimbursed the reasonable value of the loss.


7.15 SECTION 15: PENALTIES

7.15.1

FAILURE TO ALLOW INSPECTION, SEARCH OR IDENTIFICATION STOP. In addition to all other penalties permitted by this sec. 7.15, a licensee who fails to allow an inspection, search or identification stop described in sec. 7.10, is subject to license suspension upon conviction. Upon a second conviction of such offense the court shall impose a license suspension for not less than 30 fishing days, in addition to all other penalties permitted by sec. 7.15.

7.15.2

FAILURE TO COMPLY WITH CLOSURE OR OTHER RESTRICTIONS. In addition to all other penalties permitted by this sec. 7.15, a licensee who fails or refuses to withdraw from a closed area, or to comply with restrictions, within 24 hours after the notice prescribed in sec. 7.13.3 is given shall be subject to a forfeiture of $5,000 for each violation. Each day the licensee fails to withdraw or to comply shall constitute a separate violation.

7.15.3

DISPOSITION OF CONTRABAND. In addition to all other penalties permitted by this sec. 7.15, fish determined by a court to be contraband shall not be returned to the defendant, his agents or immediate family members, but the court may order that the fish be used for charitable purposes, or that the fish be sold and the proceeds paid to the Tribe.

7.15.4

7.15.4 A person convicted of violating any provision of this Chapter 7 shall be subject to any of the following civil penalties, or any combination of them:

(a) A civil forfeiture not to exceed $5,000 per violation. (Deposit permitted in accordance with the schedule at sec. 7.15.7),

(b) Suspension of license, or

(c) Revocation of license.

7.15.5

Aggravated or repeated violations of this Chapter 7 shall be grounds for revocation of a Commercial Fishing License for one year.

7.15.6

Failure to pay a forfeiture or to perform other conditions imposed by a court within 30 days of the conviction, or such other deadline as imposed by the court, shall be grounds for suspension of the license until the forfeiture is paid or the conditions of sentence are satisfied.

7.15.7

DEPOSIT SCHEDULE

Section Decription Deposit Permitted
7.1.1 Fishing without a license 300
7.2 Minimum size limits 50
7.3 Mesh size 50
7.4 Closed Season 300
7.4.3 Effort Limitations 250
7.5 Net Marketing 50
7.6.1 Tagging - Lake Trout 200
7.6.2 Tagging - home Use 200
7.6.3 Tagging - Michigan 200
7.8 Prohibited Sales 200
7.9 Reporting 50
7.10 Allow inspection, search or ID 200
7.11 Closed Area 300
7.12 Restricted Area 300
7.13 Fail to Withdraw 300



7.16 SECTION 16: TRAP NET REGULATIONS

7.16.1

A maximum of 12 trap nets can be set per trap net permit.

7.16.2

Trap nets must not be set deeper than 16 fathoms (96 feet). If during monitoring a disproportionate number of undersize fish are killed from lifting in deep water the fishermen will have to reset in shallower water.

7.16.3

Each trap net shall be lifted a minimum of once every 7 days (168 hours).

7.16.4

Trap nets may not be set within 1/4 mile of any other entrapping nets.

7.16.5

Locations of trap net sets shall be provided to the Red Cliff Fisheries Department within 48 hours after setting.

7.16.6

Trap nets shall be removed from the water or shall have the holding pot portion rendered inoperable during the closed seasons for lake trout and whitefish (Oct. 1 - Nov.27). All webbing must be removed within 14 days after the season ends.

7.16.7

All dead lake trout must be kept and tagged.

7.16.8

The location and catch of each species of fish (in pounds) from trap nets shall be reported for each net lifted each day.

7.16.9

Buoys or entrapment gear shall bear the commercial fishermans identification number.

7.16.10

Each trap net licensee will be given a big boat allocation of lake trout tags. A portion (35%) of these tags will be set aside for gill net effort.


7.17 SECTION 17: MICHIGAN FISHING REGULATIONS

7.17.1

The following regulations are applicable to commercial fishing in the Michigan waters of Lake Superior. These regulations are enacted pursuant to sec. 7.13.4 of the Red Cliff Code of Laws, and are immediately effective upon notification as provided in sec. 7.13.3. These regulations are in effect until repealed. References to Chapter 7 refer to Chapter 7 of the Red Cliff Code of Laws.

7.17.2

FISHING YEAR. The Fishing Year begins on November 21 and ends on the following November 20.

7.17.3

LICENSE. Every fisherman shall have in possession the license required by sec. 7.1.1. The license is valid for one Fishing Year only, and only if the licensee has been expressly authorized by the Red Cliff Band to fish in Michigan waters.

7.17.4

CLOSED SEASON. No licensee shall take and retain any lean lake trout or whitefish from October 10 through November 20.

7.17.5

Each licensee shall refrain from commercial fishing in management unit MI--4 for an entire month either in June, July or August every fishing year. Each licensee shall select their month by informing the Red Cliff Fisheries Department on or before May 31 of each fishing year of their selection.

7.17.6

MESH SIZE. No licensee shall set nets with a mesh size smaller than 4 1/2 inches stretch measure.

7.17.7

TAGGING. All lean lake trout taken and retained shall be tagged with tags furnished or authorized by the Red Cliff Band. Every licensee shall affix tags before the fish are brought to shore. No fish shall be tagged with tags for any management unit except the unit the fish were taken from.

7.17.8

CATCH REPORTS. Catch reports on forms prescribed by the Red Cliff Fisheries Department shall be submitted to the Department every two weeks. The first report for each Fishing Year is due December 1, and subsequent reports are due on the 15th and 1st day of each month. Reports must be received by the Department within 5 calendar days of the due date.

7.17.9

MARKING. Nets shall be marked as provided in sec. 7.5.

7.17.10

QUOTA. The harvest of lean lake trout and siscowet shall be governed by a quota enforced by the tagging provisions of sec. 7.17.6. The quota shall be set by the Tribal Council and shall be implemented by the issuance of a limited quantity of tags.

7.17.11

INSPECTIONS. Licensees shall allow Red Cliff Wardens and Wardens of the Great Lakes Indian Fish and Wildlife Commission to inspect nets and vessels used in the fishing operation, and to inspect any fish taken and retained by a licensee at any reasonable time and place.

7.17.12

The following provisions of Chapter 7 of the Red Cliff Code of Laws are hereby incorporated by reference and made a part of these Michigan Fishing Regulations:

(a) sec. 7.1.1 Commercial Fishing License

(b) sec. 7.13 Additional Closures and Restrictions

(c) sec. 7.14.1 Biological Sampling

(d) sec. 7.15 Penalties