NR 13.13(3)(3) Pulse fishing. Notwithstanding any other provisions of this subchapter, no safe harvest may be established and no spearing or netting may take place if:

NR 13.13(3)(a)(a) Any combination of spearing or netting occurred on that lake for 2 successive years; and

NR 13.13(3)(b)(b) The aggregate harvest for spearing and netting exceeded 60% of the safe harvest in each year.

NR 13.13(4)(4) Tribal quota. The TQ shall be based on a period of ice out to ice out. For the purposes of this subchapter, TQ shall consist of up to 50% of the safe harvest unless otherwise agreed to with the Chippewa bands. Actual tribal quotas shall be based on requests of the Chippewa bands, subject to the 50% maximum past harvest performance and capacity to harvest. Upon agreement with the bands, the department may substitute an appropriate daily bag limit for any species regulated by TQ.

NR 13.13(5)(5) Permits.

NR 13.13(5)(a)(a) For methods or species for which the bag limit in s. NR 13.14 is specified as TQ, individual bag limits shall be established which are equivalent to the remaining TQ divided by the number of permits issued for any one day on the specified body of water.

NR 13.13(5)(b)(b) Permits may only be issued for waters for which the cumulative tribal harvest has not exceeded the TQ.

NR 13.13(5)(d)(d) Permits shall be issued by the department unless otherwise provided for pursuant to s. NR 13.05 (7).

NR 13.13(5)(e)(e) In lieu of permits, the department may regulate harvest to prevent the exceeding of the TQ through a system of tags in which each treaty rights participant may take only those numbers of fish for which he or she has tags. The tags shall be locked through the mouth and gill of the fish before it is brought to shore, and shall remain locked on the fish until final consumption.

NR 13.14NR 13.14 Seasons, bag limits, total tribal quota, size limits and methods of taking. The following table applies to fishing by treaty rights participants for those kinds of fish and methods listed.

NR 13.15(1)(1) Permit required. No treaty rights participant may use, set, lift, attend or have in possession while on the inland waters any set or bank pole or setline unless he or she possesses on his or her person a permit authorizing use of such gear issued by the department.

NR 13.15(2)(2) General requirements.

NR 13.15(2)(a)(a) A set or bank pole permit authorizes the use of a maximum of 10 set or bank poles and a setline permit authorizes the use of one setline.

NR 13.15(2)(b)(b) No treaty rights participant may use, set, lift, attend or have in possession while on the inland waters any set or bank pole or setline permitted to another person.

NR 13.15(2)(c)(c) No treaty rights participant may possess sport angling equipment while setting, lifting or attending a set or bank pole or setline.

NR 13.15(3)(3) Setline flag. Setline flags and buoys shall meet the requirements of this subsection.

NR 13.15(3)(a)(a) Any treaty rights participant using a setline shall place and maintain at one end of the setline a white flag 10 inches square or larger held by a pole or staff 3 feet or more above the surface of the water or bank. The flag may not be placed in the main channel of any navigable waterway.

NR 13.15(3)(b)(b) The flag shall be numbered with figures which are at least 3 inches high and which correspond to the number of the permit authorizing the setline’s use.

NR 13.15(3)(c)(c) The flag staff or pole may not be more than 2 1/2 inches in diameter and the portion of the staff extending above the water or bank shall be banded horizontally with alternate black and white markings 2 inches to 6 inches wide.

NR 13.15(3)(d)(d) When a buoy is used to hold the setline’s flag staff or pole, the buoy shall be cylindrical in shape, have a diameter of 15 inches or less, and be banded horizontally with alternate black and white markings 2 inches to 6 inches wide.

NR 13.15(4)(4) Tags required. Each set or bank pole shall have attached securely to it and each setline shall have attached securely to its flag staff or pole a metal tag stamped with the number of the permit authorizing its use.