29.2295 Department approvals issued on the Lac du Flambeau reservation.

(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. The band may elect to issue one or more of the following types of approvals, subject to s. 29.024, as an agent of the department:

(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) Resident sports licenses.

(L) Nonresident sports licenses.

(m) Sturgeon hook and line tags.

(3) Fees; issuance.

(a) The band shall collect the fee for an approval issued under sub. (2) in the same amount as is collected by the department for the approval, including the issuing fee. Except as provided in par. (b), the band shall retain the entire fee that it collects, including the issuing fee.

(b) For a resident or nonresident sports license, the band shall retain only the amount that is equal to the fee for an annual fishing license plus the issuing fee and shall remit the balance to the department.

(c) For a resident or nonresident sports license, in addition to the fees collected under par. (a), the band shall collect the wildlife damage surcharge and remit it to the department.

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

(4) Revenues from issuance of department approvals on the reservation by others.

(a) For each fiscal year, the department shall pay to the band an amount for the issuance of the approvals specified in sub. (2) (a) to (L) within the reservation.

(am) The payment under par. (a) shall be equal to the amount appropriated for that fiscal year under s. 20.370 (9) (hk) or the amount calculated under par. (b), whichever is greater.

(b) For purposes of par. (am), the calculated amount shall be the sum of the following:

1. The amount in fees received by the department from the issuance of the approvals specified in sub. (2) (a) to (j) during the preceding fiscal year by issuing agents other than the band at locations within the reservation.

2. An amount calculated by multiplying the number of resident and nonresident sports licenses issued during the preceding fiscal year by issuing agents other than the band at locations within the reservation by the amount of the fee for an annual fishing license, including the portion of the issuing fee for an annual fishing license that the department receives.

(c)

1. Subject to subd. 2., the department shall make the payment under par. (a) from the appropriation under s. 20.370 (9) (hk).

2. If the amount calculated under par. (b) for a fiscal year exceeds the amount appropriated under s. 20.370 (9) (hk) for that fiscal year, the department shall make a payment from the appropriation under s. 20.370 (9) (ht) to the band that equals the difference between the 2 amounts.

(5) 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) and (3) 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 and retained by the band under sub. (3) and the payments received under sub. (4) be used only for fishery management within the reservation.

History: 1997 a. 27; 1997 a. 248 s. 309; Stats. 1997 s. 29.2295; 1999 a. 9; 2005 a. 25; 2007 a. 20; 2009 a. 28.