CSV.2.3.330 Technical Updates

(a) The Tribal Conservation Department is authorized to amend from time to time, this WI 1837/1842 Treaty Off-Reservation Conservation Code under the following circumstances:

(1) Basis Standard: The Voigt Final Order Stipulations and Model Code as entered into between the tribal and state parties to Lac Courte Oreilles Band, et al. v. State of Wisconsin, et al., Case No. 74-C-313 (United States District Court, Western District of Wisconsin) provide for the basis regulation standard;

(2) Technical Amendments: The Great Lakes Indian Fish and Wildlife Commission Executive Administrator may, without consultation with the State, issue a Commission Order to provide tribal members more treaty harvest opportunities in line with state harvesters subject to the Voigt Stipulations and Case parameters pertaining to the following: age restrictions, disability exemptions, method restrictions, equipment restrictions, hunting hours, season length, new places to hunt, or caliber restrictions;

(3) Other Liberalization Amendments: The Great Lakes Indian Fish and Wildlife Commission Executive Administrator may, after consultation with the State and upon agreement of the parties (where consent may not be unreasonably withheld), issue a Commission Order to provide tribal members more treaty harvest opportunities in line with state harvesters subject to the Voigt Stipulations and Case parameters pertaining to other fish and game related regulatory amendments of the Model Code;

(4) Mechanism for Amendment: A Commission Order can be administered detailing the technical amendment to be updated in the tribal off-reservation conservation code;

(5) Consultation: The Tribes agree that they will inform the State of the issuance of a Commission Order.

(6) Amendment Implementation: Unless a Tribe has adopted more restrictive measures, the regulations established above in a Commission Order shall be that Tribe's regulations as provided in that Tribe's Code.

(7) Mandatory Reversion: Each Tribe must mandatorily revert through the issuance of a subsequent Commission Order issued simultaneously with the State as if and when State regulations revert toward the basis regulation standard. If the Tribes dispute the basis for the State's reversion, they may object, in which case the formal stipulation review process should be followed.

(b) This section does not diminish the ability of either party to propose formal stipulation amendments and the process for achieving these amendments.