CSV.2.9.190 Bait Dealers Regulated

(a) No member shall set, use or operate any net or other device for taking, catching or killing minnows except as provided by this section.

(b) Any member may take or possess less than 1200 minnows by the use of any net authorized by Section CSV.2.9.070 [Dip Nets, Fyke Nets and Seines] without a permit provided that while netting for minnows:

(1) No member shall remove or destroy vegetation, logs or habitat features;

(2) No member shall handle, transport or hold minnows except in a manner which will reasonably ensure the minnows will be kept alive and healthy; and

(3) No member shall fail to promptly return unharmed to the water all minnows not kept and all game fish caught by a net.

(c) No member shall take or possess more than 1200 minnows at any time unless the member possesses a permit issued pursuant to Section CSV.2.9.190(d).

(d) The tribal conservation department may issue a permit to a member authorizing the taking or possession at any time of more than 1200 minnows on the following terms and conditions:

(1) A permit shall include the member's name, address, tribal affiliation and tribal identification number;

(2) A permit shall specify the waters where the permit is valid and the number of nets or other devices which may be utilized at any time;

(3) A permit shall describe the nets or other devices authorized;

(4) A permit may be valid for no more than 12 months from the date of issuance;

(5) A permit shall require the member to transport, handle and hold minnows in a manner which will reasonably ensure the minnows will be kept alive and healthy;

(6) A permit shall require all minnows not kept and all game fish caught by the nets or other devices to be promptly returned unharmed to the water;

(7) A permit shall prohibit the removal or destruction of vegetation, logs and other habitat features; and

(8) The tribal conservation department may impose such other terms and conditions as it deems appropriate or necessary, including biological monitoring requirements appropriate to the level of harvest activity on any body of water.

(e) No member shall take or attempt to take minnows contrary to the terms and conditions of any permit issued under Section CSV.2.9.190(d).

(f) Nothing in this ordinance shall be construed to prohibit a member from selling to any person minnows lawfully taken pursuant to this section.

(g) No member shall sell aquatic insects taken from off-reservation waters.

(h) No member shall sell any bait fish except shiners and smelt taken from Lake Superior tributary streams.