CSV.2.9.060 Spearing Regulated

(a) Except while ice fishing, no member shall use or possess any spear on any body of water unless the member possesses a valid permit authorizing the use of a spear on that body of water.

(b) The tribal conservation department may issue an open water spearing permit to a member provided:

(1) An open season exists for the species to be fished;

(2) The permit shall be valid for no more than 1 day for walleye, muskellunge and sturgeon spearing and for no more than 3 consecutive days for the spearing of all other species;

(3) The permit establishes the respective daily bag limits for walleye and muskellunge which may be less than but shall not exceed the remaining respective tribal quotas for walleye and muskellunge in the designated body of water;

(4) The respective number of walleye or muskellunge spearing permits which may be issued at any one time shall not exceed the tribal quota of walleye or muskellunge divided by the respective daily bag limit;

(5) The permit designates the body of water for which the permit is valid;

(6) No spearing permit issued pursuant to this section and no netting permit issued pursuant to Section CSV.2.9.070 or Section CSV.2.9.080 shall be simultaneously valid for any body of water;

(7) The permit requires the member's signature; and

(8) 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.

(c) No member shall fish by the use of a spear contrary to the terms and conditions of any spearing permit which has been issued to him or her.

(d) No member shall fish with the use of a spear which does not meet the requirements of Section CSV.2.9.010(i) [Spear Defined], except that a member may spear panfish with the use of a spear with barbed tines that are smaller than otherwise required.

(e) Except while ice fishing, no member shall possess any fish harvesting devices other than a spear while engaged in spearing.

(f) No member shall share spearing equipment with any person who is not a member of a signatory tribe as provided in Section CSV.2.3.300 [Permissible Conduct/Assistance by Non-Members].

(g) The tribal conservation department shall not issue a permit for spearing a particular species of fish in a particular body of water under this section if no tribal quota for that species remains available in that body of water.

(h) The tribal conservation department shall not issue a 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 following comprehensive tribal document as it may be amended from time to time, and is hereby adopted and incorporated in this ordinance as if fully set forth herein, and no member shall fail to comply with the closures and other restrictions established by this document:

Tribal Alternative Monitoring of Walleye Harvest on Certain Lakes in the Wisconsin portion of the 1837 and 1842 Ceded Territories (Version 1: January 2010).

(i) The tribal conservation department may issue an open water spearing permit to a member for a designated stream segment, as identified in Section CSV.2.9.060(j), provided:

(1) The permit shall authorize spearing only on a stream segment listed in the Designated Tribal River and Stream Segments in the Wisconsin portion of the 1837 and 1842 Ceded Territories (Version 1: January 2010) document as available for open water spearing;

(2) No designated stream segment shall be speared for a particular species for more than two days in a fishing year;

(3) No spearing shall be authorized in any fish refuge located within the designated stream segment;

(4) The permit requires the use of designated landings for ingress to and egress from the designated stream segment;

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

(6) The permit imposes the following bag limits for the species indicated:

(A) Sturgeon – One per day per designated stream segment (All boats)

(B) Muskellunge – Four per day per designated stream segment (All boats)

(7) 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 CSV.2.9.060(h) appropriate to the level of harvest activity on a designated stream segment.

(j) For the purpose of this section, "designated stream segment" means a section of stream or river that has a discrete in-stream population of a particular species as opposed to an "adjacent spawning stream segment," which means a section of a tributary stream or river that has a discrete fish population of a lake which moves into a tributary stream or river to spawn.

(k) The tribal conservation department may issue an open water spearing permit to a member for an adjacent spawning stream segment, as identified in Section CSV.2.9.060(j), provided:

(1) 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: January 2010).

(2) 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 CSV.2.9.060(k)(1).

(3) The regulations that apply to spearing in the "lake" shall also apply to spearing in the "adjacent spawning stream segment;" as defined in Section CSV.2.9.060(k)(1).

(4) 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 CSV.2.9.060(h) appropriate to the level of harvest activity on an adjacent spawning stream segment as defined in Section CSV.2.9.060(k)(1).