GREAT LAKES INDIAN FISH AND WILDLIFE COMMISSION ORDER
Order No. 2024-01
Wisconsin 1837 and 1842 Ceded Territory Tribal Fish Harvesting Regulations
This Commission Order establishes amendments to the Tribes' fish harvesting regulations for the Wisconsin portion of the 1837 and 1842 ceded territory pursuant to the authority of tribes to enact provisions that are more restrictive than those provided in the Tribes' Off-Reservation Conservation Codes.
Sec. 1: Authority and Applicability; Terms Used and Definitions.
Subd. 1: This Order is issued in accordance with provisions of the LCO v. Wisconsin case that provide that tribal codes may be no less restrictive than the court-approved Model Off-Reservation Conservation Codes (hereinafter "Model Code" or "MORCC"). Tribes are free within their sovereign authority to adopt provisions that are more restrictive than the Model Code and have chosen to do so through the issuance of a Commission Order. Upon the issuance of this Order, unless a Tribe chooses to adopt more restrictive measures, the regulations established herein shall be the Tribe's regulations as provided in each Tribe's Code.
Subd. 2: Section 9.03 of the Model Code provides that the number of any species of fish (tribal quota) which shall be available for harvest pursuant to this ordinance shall be for the twelve-month period from April 1 through March 31 of the following year. As a result of the weather conditions in 2024, and to prevent application of spring 2024 open water spearing quota to last year's quota, this Order closes the 2023 fishing year before March 31, and begins the 2024 fishing year early. This Order is consistent with previous early spring spearing seasons (2000, 2010, 2012, 2016, and 2017), consistent with §1.06 of the Tribes Model Code.
Subd. 3: Terms used in the Codes shall be given the meaning set forth in the Codes when used in this Order.
Sec. 2: Tribal Fish Harvesting Regulations. For the 2023-24 and 2024-5 annual fishing
seasons only, unless changed by a subsequent order, the following parameters for Tribal fish harvesting shall apply:
Subd. 1: Number of Fish Available for Harvest. The number of any species of fish (tribal quota) which shall be available for harvest for the 2023-24 fishing year will end on March 7, 2024. The number of any species of fish (Tribal quota) which shall be available