CSV.2.13.020 Clams, Clamming and Commercial Clamming

(a) Purpose. The purpose of this section is to regulate the taking of clams in order to conserve and maintain their supply, to regulate members engaged in commercial clamming, and to protect those clam species which are endangered, threatened or rare.

(b) Definitions. For the purposes of this section, the following terms shall be construed to apply as follows:

(1) "Clam" means any freshwater mussel, shell, valve or part of any shell, or meat of a freshwater mussel found in any body of water in the ceded territory, but does not include meat after it has been processed for human or animal consumption and does not include bait, pearls, shells and parts of shells which have been mounted for display or fashioned into jewelry or items of apparel.

(2) "Clam buying" means buying, bartering or obtaining clams from commercial clam shellers or others for resale as clams.

(3) "Clam helping" means assisting a commercial clam sheller in activities related to commercial clam shelling or assisting in clam buying activities but does not include buying, bartering or obtaining clams from commercial clam shellers or others for resale as clams.

(4) "Clamming" means the taking, killing, collecting or removing of clams from a body of water and the incidental killing of clams in the search for pearls but does not include commercial clam shelling.

(5) "Commercial clamming" means commercial clam shelling, clam buying, clam helping and related activities.

(6) "Commercial clam sheller" means any member who engages in commercial clam shelling.

(7) "Commercial clam shelling" means the taking, killing, collecting or removing of more than 50 pounds of clams per day from bodies of water located in the ceded territory and the incidental killing of more than 50 pounds of clams per day in the search of pearls.

(8) "Cooked clam" means a clam which has been processed in a cooker and a rotating drum in order to remove the meat or soft parts of the clam.

(9) "Crow-foot bar" means a bar or rod which has hooks or wires attached to it and which may be used to take clams. The hooks or wire may have beads or have thickened ends.

(10) "Dead shell" means a clam which apparently died in the water of natural causes, contains no meat or soft parts and exhibits readily notable sediment, algae, vegetation or water stains, discoloration, soiling, watering or other visual evidence on its interior surface which clearly and unambiguously shows that the clam is not a cooked clam and is not freshly dead.

(11) "Inland waters" means all waters in the ceded territory except Lake Superior.

(12) "Ring" means a rigid circular band or a circular opening in a piece of solid material which may be used to measure clams.

(13) "Wisconsin - Michigan boundary waters" means the following waters that form the interstate boundary waters between the states of Wisconsin and Michigan:

(A) Gogebic Co. (MI)/Vilas Co. (WI): Basin lake, Big lake, Big Bateau lake, Crampton lake, Crystal lake, Cyrus lake, Lac Vieux Desert, Little Presque Isle lake, Mamie lake, Mill lake, Norwood lake, Plum lake, Roach lake, Smoky lake, State Line lake, Tenderfoot lake, West Bay lake.

(B) Iron Co. (MI)/ Florence and Forest Cos. (WI): Brule river.

(C) Dickinson Co. (MI)/Florence Co. (WI): Big Bad Water lake.

(D) Menominee, Dickinson and Iron Cos. (MI)/Florence Co. (WI): Menominee River (including all impoundments).

(E) Gogebic Co. (MI)/Iron Co. (WI): Montreal River (including the East Fork up to the mouth of Layman Creek).

(14) "Wisconsin - Minnesota boundary waters" means the St. Croix and St. Louis Rivers where those waters form the boundary between the states of Wisconsin and Minnesota.

(c) Permit Required.

(1) Clamming Generally. No permit shall be required of any member to engage in clamming.

(2) Clam Buying and Commercial Clam Shelling.

(A) No member shall engage in clam buying or commercial clam shelling without possessing a valid permit.

(B) No member shall fail to maintain records of clam buying, commercial clam selling or clam helping activities undertaken pursuant to a permit issued under this subsection or to provide a report of those activities to the tribal conservation department on such forms as the tribe may prescribe.

(3) Issuance of Permits.

(A) The tribal conservation department is authorized to issue clam buying and commercial clam shelling permits.

(B) In issuing such permits, the Tribe or tribal conservation department may impose such conditions or requirements in addition to those otherwise imposed by this section as deemed necessary or appropriate.

(d) General Restrictions.

(1) No member engaging in clam buying or commercial clam shelling pursuant to this section shall engage in clamming at the same time.

(2) No member shall possess or transport more than 50 pounds of clams or sell any clams to a person who is not a member of the Tribe or a member of another signatory Tribe unless at least one of the following applies:

(A) The member has been issued a clam buying or commercial clam shelling permit and the clams are of a species open to commercial clam shelling and are of the minimum size or larger for commercial clam shelling.

(B) The member demonstrates that the clams are being transported through the State of Wisconsin in interstate commerce by a reasonably direct route.

(C) The provisions of Section CSV.2.3.260 [Records of Commercial Transactions Required] shall apply to the sale of any clam lawfully harvested pursuant to this subchapter.

(e) Clamming Methods and Equipment.

(1) Methods.

(A) No member shall engage in clamming or commercial clam shelling except by hand while diving or wading or by the use of crow-foot bars.

(B) No member shall intentionally damage or break a clam to make a determination of its original size or species impossible.

(C) No member shall cook clams unless the member possesses a valid clam buying permit or the member is assisting a clam buying permittee.

(D) No member engaging in clamming or commercial clam shelling shall fail to promptly return all undersize clams and all clams of a species not open to clamming or commercial clam shelling, respectively, to the bed of the water at the location where the clams were found. The clams shall be returned unopened and unharmed.

(E) No member shall maliciously waste clams which are discarded in the search for pearls.

(2) Equipment.

(A) No member shall use a crow-foot bar longer than 20 feet while clamming or commercial clam shelling.

(B) No member may place more than 3 crow-foot bars in the water while clamming or commercial clamming.

(C) No member shall possess more than 3 crow-foot bars while on any body of water.

(D) No member shall use more than one boat for clamming or for commercial clam shelling with crow-foot bars.

(f) Minimum Size and Weight Determination.

(1) Size. A member engaging in clamming or commercial clam shelling shall determine the size of a clam promptly upon removing it from the water by attempting to pass it intact through a ring with a diameter of the minimum size specified for the respective species in the table provided in Section CSV.2.13.020(g) if the clam is taken while commercial shelling or in the table provided in Section CSV.2.13.020(h) if the clam is taken while clamming.

(2) Weight. For the purposes of this section, the weight of the clams shall be determined on a wet or fresh basis if their condition permits it.

(g) Commercial Clamming: Size limits; Open Seasons, Species and Waters.

(1) Except as provided in Section CSV.2.13.020(g)(2), no member shall engage in commercial clam shelling except between sunrise and sunset during the open season in waters which are open to commercial clam shelling, for clams of a species which is open to commercial clam shelling and which are of the minimum size or larger, as shown in the following table (dates given are inclusive):

(2) Notwithstanding the minimum size limits set in Section CSV.2.13.020(g)(1), above, the minimum size for cooked clams shall be 2½ inches for maple leaf, pigtoe and pimpleback clams, 2 7/16 inches for threeridge clams and 3¾ inches for washboard clams.

(h) Clamming: size limits; Open season, Species and Waters. No person may engage in clamming except between sunrise and sunset during the open season in waters which are open to clamming, for clams of a species which is open to clamming and which are of the minimum size or larger, as shown in the following table:

(i) Assistance by Non-Tribal Members. No person who is not a member or a member of another signatory tribe shall assist a member in the harvesting of clams pursuant to this subchapter except in accordance with Section CSV.2.3.300 [Permissible Conduct/Assistance by Non-Members].