3.13.140 Effort Limitations

(a) No commercial licensee shall set net in excess of the effort allocated to him for the fishing year.

(b) Each commercial licensee may submit, no later than five working days before the start of the fishing year, harvest goal declarations for each of the year's three seasons. Tag and effort allocation will be issued based on the fisherman's declaration. If a fisherman does not file a harvest goal declaration, the fisheries office will assign a percentage of the fisherman's annual effort allocation to each of the three seasons. Effort shall be allocated to individual licensees pursuant to the Agreement and based upon the number of tags issued to the licensee under Section 3.13.130.

(c) Effort not used in a season will be carried over for each fisherman to the next season for the fishing year, using the formula set forth in Appendix C of this chapter.

(d) If not obtained personally from the fisheries office prior to the start of each season, seasonal effort allocations for each licensee shall be sent by regular first class mail to the licensee's address on file with the fisheries office and shall be deemed received by the licensee.

(e) No licensee may transfer any of his or her effort allocation to any other person except by a written memorandum, signed by both the transferor and transferee, and dated and filed with the Fisheries Office, prior to the transfer. No transfer or claim of transfer of fishing effort may be raised as a defense in a prosecution for exceeding fishing effort, except where the written transfer was filed prior to the date of the alleged offense. No transfer may be made to anyone other than a Bad River commercial licensee.