Section 29.229. Fishing approvals issued by the Lac du Flambeau band.

 

(1)   Definitions. In this section:

(a) “Band" means the Lac du Flambeau band of Lake Superior Chippewa.

(b) “Reservation" means the territory within the boundaries of the Lac du Flambeau reservation that were in existence on April 10, 1996.

(2)   Authorization for issuance. The band may issue one or more types of fishing approvals that are equivalent to one or more of the following types of approvals by authorizing the same types of fishing by the same persons and in the same bodies of water:

(a) Nonresident annual fishing licenses.

(b) Nonresident 15-day fishing licenses.

(c) Nonresident 4-day fishing licenses.

(d) Nonresident annual family fishing licenses.

(e) Nonresident 15-day family fishing licenses.

(f) Nonresident 2-day sports fishing licenses.

(g) Resident annual fishing licenses.

(h) Resident 2-day sports fishing licenses.

(hm) Two-day inland lake trout fishing licenses.

(i) Husband and wife fishing licenses.

(j) Inland waters trout stamps.

(k) Sturgeon hook and line tags.

(3)   Requirements for issuance; fees; periods of validity.

(a) For any approval issued under this section, the band shall collect the same amount that would be collected for the equivalent approval under s. 29.563 , including the issuing fee under s. 29.563 (14) (c) . The band shall retain all of the fees collected under this paragraph, except as provided in sub. (5r) .

(b) The band may not issue or sell approvals under this section in conjunction with discount coupons or as part of a promotion or other merchandising offer.

(c) For any approval issued under this section, the period of validity shall be the same as it would be for the equivalent approval under s. 29.569 .

(d) The band may issue duplicates only for the approvals that it issues under this section.

(e) The band may issue approvals under this section only to applicants who appear in person on the reservation.

(4)   Issuance; processing; records.

(a) The band shall prepare, procure the printing of, and supply all necessary approval forms and applications for approvals issued under this section. Approval forms and applications used under this section shall be numbered consecutively, at the time of printing, in a separate series for each kind of approval. Each license form issued under this section shall be provided with a corresponding stub or carbon numbered with the serial number of the license. Each requisition for the printing of the approval forms shall specify any serial numbers to be printed on the forms.

(b) Each license issued under this section shall bear on its face the signature of the licensee, the date of issuance and the signature of the issuing agent. All licenses shall be issued in English and in ink.

(c) Before June 1 annually, the band shall submit a report to the department notifying it of the number of each type of approval that the band issued for the period beginning on April 1 of the previous year and ending on March 31 of the year in which the report is submitted.

(d) For law enforcement purposes, persons issuing approvals under this section shall make available for inspection by the department during normal business hours their records of all approvals issued, including copies of all licenses issued.

(e) The band shall ensure that a record of each approval issued under this section, including a copy of each license issued, is retained for at least 2 years after the date of expiration of the license.

(f) Sections 29.024 (3) , (4) (b) , (5) (b) , (7) , (8) and (9) , 29.559 (2) and 29.564 do not apply to any approval that may be issued under this section.

(5)   Restrictions on approvals. A person who is fishing under the authority of an approval issued under this section shall be subject to the same conditions, limitations, and restrictions as are imposed on the equivalent approval issued under ss. 29.219 , 29.228 , 29.2285 (1) , and 29.231 , including bag limits, size limits, rest days, and closed seasons.

(5m)   Denial and revocation of approvals based on child support delinquency.

(a) The band is requested to enter into a memorandum of understanding with the department of children and families under s. 49.857 .

(b) The band is requested to enact tribal laws or ordinances that require each person who has a social security number, as a condition of being issued an approval under this section, to provide to the band his or her social security number, tribal laws or ordinances that require each person who does not have a social security number, as a condition of being issued an approval under this section, to provide to the band a statement made or subscribed under oath or affirmation on a form prescribed by the department of children and families that the person does not have a social security number, and tribal laws or ordinances that prohibit the disclosure of that number by the band to any other person except to the department of children and families for the purpose of administering s. 49.22 .

(c) The band is requested to enact tribal laws or ordinances that deny an application to issue or renew, suspend if already issued or otherwise withhold or restrict an approval issued under this section if the applicant for or the holder of the approval fails to provide the information required under tribal laws or ordinances enacted under par. (b) or fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings or if the department of children and families certifies that the applicant for or the holder of the approval has failed to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse. The band is also requested to enact tribal laws or ordinances that invalidate an approval issued under this subsection if issued in reliance upon a statement made or subscribed under oath or affirmation under tribal laws or ordinances enacted under par. (b) that is false.

(d) Section 29.024 (2g) does not apply to approvals issued under this section.

(5r)   Fees to the department. The department may require that the band remit all of the fees collected under sub. (3) (a) to the department. If the department so requires, all of these fees shall be deposited in the conservation fund and credited to the appropriation account under s. 20.370 (9) (hs) .

(6)   Applicability. This section does not apply unless the department and the band have in effect a written agreement under which the band agrees to comply with subs. (2) to (4) and that contains all of the following terms:

(a) The manner in which the band will limit its treaty-based right to fish outside the reservation.

(b) A requirement that the fees collected by the band under sub. (3) (a) be used only for fishery management within the reservation.

1997 a. 27 , 191 , 237 ; 1997 a. 248 s. 308 ; Stats. 1997 s. 29.229; 1999 a. 9 , 32 , 185 ; 2001 a. 107 ; 2005 a. 25 , 253 ; 2007 a. 20 .