CSV.2.9.070 Dip Nets, Fyke Nets and Seines Regulated

(a) Except while netting for minnows pursuant to Section CSV.2.9.190(b), no member shall use or possess any dip net, fyke net or seine on any body of water unless the member possesses a valid permit authorizing the use of a dip net, fyke net or seine on that body of water.

(b) The tribal conservation department may issue a dip netting, fyke netting or seining permit, 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 netting, and for no more than 3 consecutive days for the netting of all other species;

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

(4) The respective number of walleye and muskellunge netting permits issued under this section shall not exceed the remaining tribal quota for walleye or muskellunge divided by the respective daily bag limit;

(5) Netting for all species with dip nets, fyke nets or seines is limited to one body of water for the duration of the permit;

(6) No netting permit issued pursuant to this section, no gillnetting permit issued pursuant to Section CSV.2.9.080 and no spearing permit issued pursuant to Section CSV.2.9.060 shall be simultaneously valid for any body of water;

(7) The permit shall require that all nets authorized comply with the marking requirements of Section CSV.2.9.080(i) and the safety requirements of Section CSV.2.9.080Section CSV.2.9.080(j) and Section CSV.2.9.080(k).

(8) The permit requires the member's signature;

(9) Permits issued pursuant to Section CSV.2.9.190 [Bait Dealers Regulated] shall be governed by the provisions of that section; and

(10) 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 dip net, fyke net or seine contrary to the terms and conditions of any netting permit which has been issued to him or her.

(d) No member shall fish with the use of a dip net, fyke net or seine which does not meet the requirements of Section CSV.2.9.010(a) [Dip Net Defined], Section CSV.2.9.010(b) [Fyke Net Defined], or Section CSV.2.9.010(h) [Seine Defined].

(e) Except while netting for minnows pursuant to Section CSV.2.9.190, no member shall possess any fish harvesting device other than a dip net, fyke net or seine while engaged in netting under this section.

(f) No member shall share netting equipment authorized under this section with any person who is not a member of a signatory tribe, except 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 netting a particular species of fish on a particular body of water under this section if no tribal quota for that species remains available in that body of water.