CSV.2.6.200 Deer Night Hunting

(a) The tribal conservation department may issue permits that authorize hunting deer at night up to a maximum shooting distance of one-hundred (100) yards, by shining within an established safe zone of fire from a stationary position, between one hour after sunset and one hour before sunrise, provided that no such permit shall be effective beginning the night before the middle deer season established pursuant to Section CSV.2.6.070(c) of this ordinance until the night of the day following the middle deer season; except:

(1) No member 10 years of age or older but under 16 years of age may hunt under this section unless at all times while hunting, the person is a mentored hunter who meets the requirements of Section CSV.2.3.170(c) of this ordinance.

A member occupying a night hunting location outside of nighttime hunting hours may not: possess a loaded firearm, have a bolt in a crossbow, or possess a bow with a notched arrow from the close of "daytime" hunting hours pursuant to Section 2.612 of this ordinance until the opening of "nighttime" hunting hours (one hour after sunset) and from the close of "nighttime" hunting hours (one hour before sunrise) to the opening of "daytime" hunting hours pursuant Section 2.612 of this ordinance.

(b) No member shall hunt deer at night while shining within an established safe zone of fire from a stationary position under this section unless in possession of a signed and certified shooting plan, a tribal identification card, and a permit issued pursuant to Section CSV.2.6.200(a). Any member hunting and shining deer under this section shall be subject to all terms and conditions in this section and in the permit issued pursuant to Section CSV.2.6.200(a) as otherwise conditioned by the tribal conservation department, as well as all other provisions of this ordinance regulating hunting, unless expressly provided otherwise in this section.

(c) No member hunting deer at night while shining within an established safe zone of fire from a stationary position under this section shall:

(1) hunt deer between one hour after sunset and one hour before sunrise except with a light, which may include but is not limited to high-powered lights held by hand, helmet lights, scope lights, thermal imaging lights, infrared lights, or lights mounted on a firearm, bow or crossbow. Unless the member arrives at the specified location during daylight hours, the member must shine the established safe zone of fire and adequate backstop area prior to hunting in order to properly evaluate the contents of the night hunting location;

(2) shine deer between one hour after sunset and one hour before sunrise except within an established safe zone of fire from a stationary position, or to trail a wounded animal;

(3) discharge a firearm, bow and arrow or crossbow between one hour after sunset and one hour before sunrise except within an established safe zone of fire, in the direction detailed on the members shooting plan, from a stationary position, at a deer located with the "safe zone of fire;"

(4) hunt and shine deer between one hour after sunset and one hour before sunrise from the first Monday following New Years Day to October 31;

(5) use a firearm, bow and arrow or crossbow unless the member has received a marksmanship proficiency certificate for the particular method to be utilized;

(6) use a projectile other than one with a soft point or which is an expanding bullet type;

(7) shoot at running deer unless mitigating circumstances exist.

(d) A member hunting deer at night while shining within an established safe zone of fire from a stationary position under this section may but is not required to:

(1) hunt and shine deer between one hour after sunset and one hour before sunrise with the aid of electronic or other calling techniques or hunt over bait as otherwise authorized by this ordinance;

(2) hunt and shine deer between one hour after sunset and one hour before sunrise with the use of an infrared, night vision, or thermal imagining equipment; provided the equipment shall not be used as sighting device and shall not be mounted on a firearm, bow or crossbow

(3) hunt and shine deer between one hour after sunset and one hour before sunrise with the use of an telescopic site.

(4) hunt and shine deer between one hour after sunset and one hour before sunrise with the use of a spotter in order to have an additional set of eyes to see the target and the designated backstop as well as to prevent tunnel vision; provided, that the spotter shall not possess a firearm or otherwise be engaged in the shooting aspect of hunting; and provided further that the tribal conservation department may impose such other terms and conditions as it deems necessary or appropriate to ensure safety while hunting and shining deer with the use of a spotter.

(e) Before issuing a permit pursuant to Section CSV.2.6.200(a), the tribal conservation department shall ensure the receipt of a signed and certified shooting plan valid from November 1 to the close of the deer "regular season," as follows:

(1) A member intending to hunt deer at night while shining within an established safe zone of fire from a stationary position under this section up to a maximum distance of one-hundred (100) yards shall submit a "preapproved shooting plan" to the tribal registration station prior to receiving a permit pursuant to Section CSV.2.6.200(a). The member must visit the area detailed in the shooting plan at least once during daytime hours from the day after Labor Day to the close of the deer "regular season" and the shooting plan shall clearly mark the "safe zone of fire," the members stationary position, the adequate backstop present within one-hundred twenty-five (125) yards from the stationary position, the direction of intended fire, and the following locations within a quarter-mile:

(A) an area including the grounds of a school plus 1,000 feet in all directions;

(B) school forest, public landfill, or public gravel pits where hunting is prohibited and where notice of the prohibition is clearly posted;

(C) road;

(D) residence, building or dwelling;

(E) designated public campgrounds, public beaches, or public picnic area;

(F) lake or waterbody;

(G) ATV trail, snowmobile trail, or other designated trails (such as hiking, biking or cross country ski trail);

(H) open area;

(I) private property;

(J) all closed portions of state parks as described in the Tribal State Park Hunting Opportunities in the Wisconsin portion of the 1837 and 1842 Ceded Territories document;

(K) another tribal shooting plan area;

(L) any other area as determined by the tribal conservation department.

Member shooting plans that do not include the locations specified in this section within the clearly marked "safe zone of fire" and "direction of intended fire" shall be considered compliant shooting plans, otherwise no member shall mark a "safe zone of fire" with any of the locations specified in this section within a quarter-mile in the "direction of intended fire" on a shooting plan without an adequate backstop present between the marked "safe zone of fire" and the specified location. Members must take reasonable precautions to prevent against the establishment of a non-compliant shooting plan. At a maximum only two shooting plans may be approved per forty (40) acre parcel or every two hundred twenty (220) yards. Only one shooting plan shall be approved for a specified location, at a time. The member that submitted the shooting plan or the tribal conservation department may rescind the approval of a shooting plan, and thereby subsequently approve the shooting plan of another member for the specified location.

(2) A member intending to hunt deer at night while shining within an established safe zone of fire from an elevated stationary position (a minimum of ten feet off the ground) under this section up to a maximum distance of fifty (50) yards shall submit a shooting plan (which does not need to be preapproved) to the tribal registration station prior to receiving a permit pursuant to Section CSV.2.6.200(a). The member must visit the area detailed in the shooting plan during daytime hours from the day after Labor Day to the close of the deer "regular season" and the shooting plan shall clearly mark the "safe zone of fire," the members elevated stationary position, the adequate backstop present within one-hundred twenty-five (125) yards from the stationary elevated position, the direction of intended fire, and the locations within a quarter-mile pursuant to Section CSV.2.6.200(e)(1).

(3) A member possessing a valid disabled hunter permit pursuant to Section CSV.2.3.320 of this ordinance, intending to hunt deer at night while shining within an established safe zone of fire from a stationary position under this section shall submit a "preapproved shooting plan" to the tribal registration station prior to receiving a permit pursuant to Section CSV.2.6.200(a). The shooting plan shall clearly mark the "safe zone of fire," the members stationary position, the adequate backstop present, the direction of intended fire, and if hunting from a roadway, the shooting plan shall detail the stretch of road and surrounding locations within a quarter-mile pursuant to Section CSV.2.6.200(e)(1), provided:

(A) The tribal conservation department shall only issue a member possessing a valid disabled hunter permit, one valid permit pursuant to Section CSV.2.6.200(a) at a time;

(4) No member hunting deer at night while shining within an established safe zone of fire from a stationary position under this section shall discharge a firearm, bow and arrow or crossbow except as identified within the shooting plan as follows:

(A) from the members marked stationary position

(B) from within the "safe zone of fire" with an adequate backstop present,

(C) in the direction of intended fire.

(5) When submitting a shooting plan, no member shall provide false or misleading information or otherwise fail to complete a shooting plan in the manner required by the tribal conservation department;

(A) The tribal conservation department shall issue no further permits under this section for the remainder of the season, to any member who has provided false or misleading information or otherwise failed to complete a shooting plan in the manner required by this section and the tribal conservation department.

(f) A member hunting deer at night under this section may pursue and take a deer wounded by the member while shooting within an established safe zone of fire from a stationary position, provided that a light may be used to trail the wounded animal as well as at the point of kill for the purpose of accurately identifying the deer and safely aiming the weapon in the direction of intended fire as identified within the plan and killing the wounded deer when the wounded animal is within the safe zone of fire designated on the member's shooting plan. The wounded deer may not be dispatched with a firearm, bow and arrow, or crossbow prior to one-half hour before sunrise when the wounded animal is located outside the safe zone of fire designated on the member's shooting plan, however the member may dispatch the wounded animal by means other than a firearm, bow and arrow, or crossbow (such as with a knife).

(g) A permit may be only issued to members pursuant to Section CSV.2.6.200(a) who have completed an advanced hunter safety/marksmanship training course and received a marksmanship proficiency certificate from the tribe, as follows:

(1) The tribal conservation department shall issue firearms marksmanship proficiency certificates once the qualification shoot is completed during nighttime hours with a minimum score of 80% or better (10 shots) within the six and one-quarter inch inner circle of an NRA certified target at a 100 yards. Firearms allowable for certification are those firearms otherwise allowable for deer hunting pursuant to Section CSV.2.6.090 of this ordinance. A member may also certify with use of buckshot at limited distances, however a member may only hunt with the use of buckshot pursuant to this section up to the distance certified.

(2) The tribal conservation department shall issue bow/crossbow marksmanship proficiency certificates once the qualification shoot is completed during nighttime hours with a minimum score of 80% or better (10 shots) within the six and one-quarter inch inner circle of an NRA certified target at a 30 yards. Bows/crossbows allowable for certification are those Bows/crossbows otherwise allowable for deer hunting pursuant to Section CSV.2.6.100 of this ordinance.

(h) Once a permit pursuant to Section CSV.2.6.200(a) has been issued, the tribal conservation department shall provide for the advance notification of appropriate federal, state and local officials, as those officials request notification, by providing a list of the tribal hunting identification numbers of authorized members and copies of preapproved shooting plans which contain sufficient detail to determine the hunting location.