3.13.170 Tagging of Lean Lake Trout

(a) All lean lake trout of legal size taken by a commercial licensee (including a subsistence fisherman who intends to introduce the fish into commerce) shall be tagged in conformance with Chapter 3.06, Bad River Ordinances, except that where in conflict, the provisions of this chapter supersede those of Chapter 3.06.

(b) All lean lake trout caught in gill nets in waters less than 55 fathoms deep shall be kept and tagged, except that live lake trout caught from November 28 through March 30 may be returned to the water.

(d) All lean lake trout harvested by a fisherman on ice shall be tagged prior to transport with a valid tag issued to the fisherman.

(e) All lean lake trout which are filleted prior to transport to the ultimate retail consumer shall be accompanied by no fewer than one locked and cut tag for every two fillets.

(f) Extreme adverse weather or bodily injury is a defense to a charge of failure to tag. The burden of proof by clear and convincing evidence is on any fisherman who raises as a defense extreme adverse weather or bodily injury. Failure to use available means of notifying tribal wardens in advance, and the fact that fish were dressed shall constitute prima facie evidence that the failure to tag was not due to extreme adverse weather or bodily injury.

(g) No lean lake trout harvested in Michigan shall be docked in Wisconsin, unless tagged with a valid tag issued to the fisherman showing the fish to be harvested in Michigan.

(h) No combined catch of Wisconsin and Michigan lean lake trout shall be docked in Wisconsin.

(i) No member shall lift nets in the Wisconsin waters of Lake Superior with Michigan lean lake trout on board.

(j) No member fishing in the Saxon Harbor Area shall have tags for Michigan lean lake trout in his or her possession at the time.

(k) No member shall transfer any tags to another person unless

(1) that person is employed by the member is acting as an assistant of the member and has not had his or her on-reservation or off-reservation fishing rights revoked or currently suspended by the Tribal Court, or

(2) unless the transferor notifies the Conservation Department within five days of the transfer, and the person to whom the tags are transferred is a member, possessing a large boat license under this chapter, and has not had his or her on-reservation or off-reservation fishing rights revoked or currently suspended by the Tribal Court.

(l) No member shall use tags for lean lake trout on any boat other than one owned by a member of the Tribe.