Section 13.02. Definitions.

  In addition to definitions established in ss. NR 10.001 , 12.001 , 19.001 and 20.03 , the following definitions apply to this chapter.

(1)  "Ceded territory" means the territory in Wisconsin ceded by the Chippewa Indians to the United States in the Treaty of 1837, 7 Stat. 536, and in the Treaty of 1842, 7 Stat. 591. A map of the ceded territory is found in the appendix to United States v. Bouchard, 464 F. Supp. 1316 (W.D. Wis. 1978).

(2)  "Department" means the department of natural resources.

(3)  "Enrolled Chippewa tribal member" means an individual listed on the official roll of one of the Chippewa bands entitled to exercise off-reservation treaty rights under Lac Courte Oreilles v. Voigt, 700 F. 2d 341 (7th Cir. 1983).

(4)  "Gill net" means any net set to capture fish by entanglement rather than entrapment.

(5)  "Ice fishing" means taking, capturing or killing fish or fishing for any variety of fish at any time through an artificial hole in the ice.

(6)  "Management unit", "hunting zone" and "management zone" mean those management units established for deer in s. NR 10.28 , black bear hunting zones established in s. NR 10.30 and Canada goose management zones established in s. NR 10.31 or any other area established by the department for management purposes.

(7)  "Public lands" means land currently held in fee title by federal, state or local governments or lands held under the forest crop or managed forest land programs but only to the extent such lands are required to be open to public hunting and fishing.

(8)  "Remaining tribal quota" means the difference between the tribal quota and the cumulative harvest of the particular species by all treaty rights participants using all harvest methods permissible under this chapter. The cumulative harvest includes all harvest to the date that the remaining tribal quota is calculated. If the cumulative harvest exceeds the tribal quota, the remaining tribal quota shall be zero.

(9)  "Safe harvest" means a level of harvest meeting the guidelines of Lac Courte Oreilles Band of Lake Superior Chippewa v. Wisconsin, 707 F. Supp. 1034 (W.D. Wis. 1989) that incorporates an appropriate margin of safety, estimates of the population and acceptable exploitation rates which will reasonably prevent harvest of more than 35% of the population of adult walleyes and 27% of the population of adult muskellunge. The margin of safety shall assure that the true safe harvest is not exceeded in more than 1 of 40 cases. For waters where a population estimate has not been made, a regression model based upon population estimates from other waters shall be used. The margin of safety used depends upon the age of the population estimate and whether a regression model was used.

(10)  "Snare" means a steel cable device in the form of a noose with a stop, lock and swivel which is set to capture an animal by the body, neck or foot.

(11)  "Spear fishing" means taking or attempting to take a fish by means of a hand held spear or other similar device which is directed by the spearer to impale the target fish. Spearing may include the use of an artificial light.

(12)  "Tribal quota" or "TQ" means the total number of a particular species which may be harvested annually from a given body of water, management unit, hunting zone or management zone by all treaty rights participants.

(13)  "Treaty rights participant" means an enrolled Chippewa tribal member exercising off-reservation rights under Lac Courte Oreilles Band v. Voigt, 700 F. 2d 341 (7th Cir. 1983).

History: Cr. Register, February, 1990, No. 410 , eff. 3-1-90; am. (6), Register, May, 1992, No. 437 , eff. 6-1-92; correction in (intro.) was made under s. 13.93 (2m) (b) 7., Stats., Register November 2001 No. 551 .