[Adopted 7-2-2008 by Ord. No. 08-12]
This article is titled "Regulation to Control Spread of Fish Diseases and Exotic Species on the Menominee Indian Reservation."
The Menominee Tribal Legislature finds that viral hemorrhagic septicemia (VHS) and exotic aquatic plant species are spreading throughout the lakes and rivers in the State of Wisconsin. The Tribal Legislature also finds that VHS and exotic aquatic plant species are spread by boats and boat trailers entering lakes without being properly cleaned, drained and otherwise sanitized and by the transfer of bait fish and minnows to lakes and waters. The Tribal Legislature also finds that the spread of VHS and exotic aquatic plant species seriously threatens the environmental health and safety of the tribal lakes, waters, fish and plant life and that immediate action must be taken to safeguard the same.
No person may place or intend to place or use boating equipment in any navigable water if that boat, trailer, or boating equipment has any aquatic plants, aquatic animals such as zebra mussels, or dirt/mud attached. "Aquatic plant" means a submergent, emergent or a floating-leaf plant or any part thereof. "Aquatic animal" means any fish, mussel, crustacean or their organisms that have at least one part of their life cycle in the water.
A. 
A law enforcement officer, including a conservation officer, may order a person to do any of the following:
(1) 
Remove all aquatic plants from a boat, trailer, or boating equipment before placing it in any navigable water.
(2) 
Remove or not place a boat, trailer, or boating equipment in navigable water if there is a reason to believe that the item has aquatic plants attached.
(3) 
Remove or not place a boat, trailer, or boating equipment in navigable water if there is reason to believe that item has aquatic animals attached or within compartments or containers on the boat, trailer, or equipment.
B. 
Threats to Menominee lakes and streams such as viral hemorrhagic septicemia (VHS) shall be deterred by all means possible.
(1) 
No live fish, including bait fish or crustaceans, may be brought into Menominee Reservation waters unless they come from approved local bait dealers.
(2) 
No live fish, including bait fish or crustaceans, may be transported from any body of navigable water to another.
(3) 
Cut or dead bait may not be used unless collected from the same body of water where it is used.
(4) 
Any water taken from that body of water must be returned when leaving.
(5) 
Any and all bait must come from a state-approved dealer.
Violations of this article shall result in the following forfeitures:
A. 
First offense: forfeiture of $500.
B. 
Second offense: forfeiture of $1,000 to $5,000.