3.13.220 Penalties

(a) The Bad River Tribal Court shall have exclusive jurisdiction of all violations of this ordinance.

(b) Unless otherwise provided, the Court may impose the following maximum penalties for each violation of this chapter:

(1) A forfeiture not to exceed $5,000.00.

(2) Suspension or revocation of any commercial fishing license for a period not to exceed one year.

(3) Suspension of off-reservation fishing rights for a period not to exceed one year.

(4) Denial of lean lake trout tags for a period not to exceed one year.

(5) Forfeiture of all fish taken illegally and any proceeds therefrom obtained under par. (e) below. The Court shall order the distribution of any fish so forfeited so that neither the fish nor the proceeds of any sale thereof inures to the benefit of the member from whom seized, his agents or his immediate family members.

(d) For any violation of Section 3.13.210, when the member has been convicted for a previous violation within a five-year period, the Court shall impose a minimum penalty of a commercial license suspension for not less than 30 fishing days.

(e) The conservation department shall sell any fish seized under this chapter, after first securing whatever evidence is required for the prosecution of any citations related to the seizure. The Conservation Department shall endeavor to obtain the fair market value of the fish seized, but no liability shall attach to the Department if it makes a good faith effort to obtain such value but fails to do so. The proceeds of any such sale shall be held as segregated funds until the court issues an order as to their disposition. Any warden of the Red Cliff Tribe, the Great Lakes Indian Fish and Wildlife Commission or the Wisconsin Department of Natural Resources seizing fish under this chapter, shall immediately contact the Conservation Department to receive direction under this section.

(f) In any case in which the court orders a money forfeiture, the court shall set a date by which the forfeiture shall be paid, and if the forfeiture is not paid by such date, shall suspend all off-reservation hunting and fishing rights until the forfeiture is paid.

(g) All forfeitures not paid when due shall accrue interest at the rate of 1 1/2 percent per month on the unpaid balance, the first month's interest to be due on the day following the initial due date, and each subsequent month's interest accruing on the same day of each month thereafter.

Appendix A - Refuges

(h) GULL ISLAND REFUGE defined as all waters bounded by a line from the Gull Island light south to the northernmost point of Michigan Island and then proceeding in a southerly direction following the shoreline of Michigan Island to the Michigan Island light, thence southerly towards the center of the mouth of the Bad River in Ashland County to latitude 46° 40', thence due east to the Michigan state line; thence northerly along the state line to latitude 46° 59.3'; from that point due west to longitude 90° 26.5' and thence due south to the Gull Island light, the place of beginning; except that licensed commercial fishers may fish all the area within these external boundaries wherein the lake bottom lies at a depth of 35 fathoms (210 feet) or more; and except in those included waters less than 7 fathoms in depth which immediately adjoin Michigan Island gill nets with a mesh size from 2-3/4" or less stretch measure may be used from November 5 to December 5 for the taking of Menominee whitefish.

(i) DEVILS ISLAND REFUGE defined as all waters wherein the bottom lies at a depth of less than 35 fathoms northerly from a line beginning two miles north of the Outer Island light and extending westerly to the north end of North Twin Island, thence along the shoreline to the south end of North Twin Island, thence southwesterly to the north end of South Twin Island, thence northerly to the north end of Rocky Island, thence along the north shoreline to the northwest point of Rocky Island, thence northwesterly to the south end of Devils Island, thence along the shoreline to the north end of Devils Island, thence westerly to a point 2.5 Statute miles north of the York Island Shoal bell buoy.

Appendix B - Restricted Areas

(j) All waters of Siskiwit Bay bounded by the shoreline and a line extending from Roman Point to Squaw Point.

(k) All waters of Bark Bay bounded by the shoreline and a line extending from Roman Point to Bark Point, except from April 1 through May 31.

(l) All waters from a line extending due north from the mouth of the Cranberry River at Herbster, easterly to the Bark Point - Roman point line wherein the bottom lies at a depth of less than 12 fathoms.

(m) All waters from a line extending due north from the mouth of the Iron River, easterly to a line extending due north from the mouth of the Cranberry river at Herbster, wherein the bottom lies at a depth of less than 15 fathoms.

(n) All waters from a line extending due north from the mouth of the Iron River, westerly to the Wisconsin-Minnesota state line wherein the bottom lies at a depth of less than 35 fathoms, except that from November 15 through December 31 gill nets of 3" or less stretch measure may be used in that portion greater than 15 fathoms in depth, east of a line extending due north from the mouth of the Brule River.

(o) All waters from a line extending due east from the breakwall light at Port Superior, southerly along the shoreline to Houghton Point, wherein the bottom lies at a depth of less than 9 fathoms, and those waters within one mile of the mouth of any stream along this shoreline except from June 1 through August 15.

(p) All waters bounded by a line beginning at the Chequamegon Point light on the western end of Long Island extending northeasterly to the southernmost point of Madeline Island, thence due east to the western boundary of Gull Island Shoals refuge, thence southerly along the refuge boundary to latitude 46° 40', thence due west to the mainland shoreline, thence northwesterly along the shoreline to the place of beginning, except within one and one-half mile of the mainland shoreline in Ashland County.

(q) All waters east of Madeline Island between a line extending due east from the southernmost tip of Madeline Island to the western boundary of the Gull Island Shoals refuge and a line extending from the east end of Hagen Road to the western boundary of the Gull Island Shoals refuge from June 1 through August 31.

(r) Saxon Harbor area defined as all waters bounded by a line beginning at the mouth of Graveyard Creek extending due north to the southern boundary of the Gull Island Shoals refuge, thence due east to the Wisconsin-Michigan State line, thence southwesterly along the Wisconsin-Michigan State line to the mouth of the Montreal River, thence westerly along the mainland shoreline to the place of beginning.

(s) All waters of Chequamegon Bay bounded by the shoreline and a line extending from the easterly most tip of Houghton Point, Bayfield County to the Chequamegon Point light on the western tip of Long Island, Ashland County.

Appendix C - Calculation of Seasonal Effort Limitations

The following formulas will be used to calculate seasonal effort limitations based upon seasonal CPE's and the total number of fish available at the onset of each season.

Alternative 1:

Season 1:

Available Individual Quota

------------------------------------------- x 1,000 = Season 1 Effort Limitation

Season 1 CPE

Season 2:

Unused effort from season 1

--------------------------- x Season 1

1,000 CPE

------------------------------------------- x 1,000 = Season 2 Effort Limitation

Season 2 CPE

Season 3:

Unused effort from Season 2

--------------------------- x Season 2

1,000 CPE

------------------------------------------- x 1,000 = Season 3 Effort Limitation

Season 3 CPE

Alternative 2:

Season 1+2:

Available individual Quota

------------------------------------------- x 1,000 = Season 1 + 2 Effort Limitation

Season 1+2 CPE

Season 3:

Unused effort from Season 1+2

--------------------------- x Season 1+2 CPE

------------------------------------------- x 1,000 = Season 3 Effort Limitation

Season 3 CPE

Any unused portion of fish reserved for home use under Section 3.13.130 can be reallocated to the commercial component of the fishery no later than August 1. When and if home use fish are reallocated to the commercial fishery, a sum of 100 fish will be retained from the available balance for home use activity during the remainder of the quota year. The following formula will used to calculate effort limitations for utilization of reallocated home use fish.

Available balance - 100

------------------------------------------- x 1,000 = Effort Limitation for

Season 3 CPE Reallocated Home Use Fish

The effort limitation for reallocated home use fish will then be allocated among individual licensees.