Little River Band of Ottawa Indians, Ordinances, Ch. 500

Chapter 500 - Environmental

NATURAL RESOURCE COMMISSION ORDINANCE
Ordinance # 96-500-01

I. General Provisions.

A. The Little River Band of Ottawa Indians has determined that it is in the best interests of its members to regulate the wise utilization of Natural Resources within its jurisdiction in order to promote, honor and respect our traditional spiritual and physical relationship with the land and waters and resources on, above, below and within the land and waters.

B. This Ordinance is adopted under the provisions of the Constitution and By-laws of the Little River Band of Ottawa Indians, the governance of which was recognized and extended by Section 8(a)(2) of Public Law 103-324. It is intended that this Ordinance continue in full force and effect not only until such time as the Little River Band of Ottawa Indians adopt a new constitution under the Indian Reorganization Act, as authorized by Section 8(a)(1) of Public Law 103-324, but thereafter as well, unless and until it is modified, amended or revoked by the duly authorized and elected governing body as created by such new constitution.

C. Definitions. In the implementation of this Ordinance, the following terms shall have the meanings set forth:

"Commission" shall mean the LRB Natural Resources Commission consisting of a five (5) member body, as created pursuant to Article II of this Ordinance, with the powers and authority vested therein pursuant to this Ordinance.
"Commissioner" shall mean the individual designated to head of Commission who shall have the powers and authority vested in that office pursuant to this Ordinance.
"Associate Commissioner" shall mean one of the four (4) members of the Commission selected to serve thereon according to Article II of this Ordinance, with the powers and authority vested in such members pursuant to this Ordinance.
"Tribal Council" shall mean the governing body of the Little River Band of Ottawa Indians as recognized in Section 8(b)(2) of Public Law 103-324.
"Valid signatures" shall mean signatures of members of the Little River Band of Ottawa Indians freely given and not obtained through fraud or coercion.
"LRB"shall mean the Little River Band of Ottawa Indians.

II. Natural Resource Commission.

There is hereby created the Natural Resources Commission, which shall consist of five (5) persons selected according to Section C of this Article, which Commission is created for the purposes described in Article I of this Ordinance. The Commission is charged with the oversight and regulation of utilization of natural resources within its jurisdiction and shall exercise the powers and authorities described in Article IV hereof and such other powers and authorities as may be delegated thereto from time to time by the Tribal Council by amendment of this Ordinance or by separate ordinance.
The Natural Resources Commission shall consist of the following persons to be selected according to Section C of this Article:
1. A Commissioner who shall serve as the Chair of the Commission and shall exercise the duties and responsibilities as set forth in this Ordinance. The Commissioner shall be a duly enrolled member of the Little River Band of Ottawa Indians, shall be at least 18 years of age upon selection to his or her first term of office.
2. Four (4) Associate Commissioners, who shall have the duties and responsibilities as set forth in this Ordinance. An Associate Commissioner shall be a duly enrolled member of the Little River Band of Ottawa Indians, shall be at least 18 years of age upon selection to his or her first term of office.
3. Ex Officio Members, who shall serve in advisory capacities, who shall have no vote, and who shall have additional qualifications as follows: no more than two ex officio members shall serve at any time and such members will be representative of federal, state or tribal resources agencies.
The Commissioner and the Associate Commissioners shall be selected as follows:
1. Initial Appointment. The Tribal Council shall appoint a Commissioner and two (2) Associate Commissioners who shall serve for full four (4) year terms and two (2) Associate Commissioners who shall serve for two (2) year terms.
2. Future Appointments. Approximately two (2) years after the initial appointment of the two (2) Associate Commissioners appointed to two (2) year terms, and every four (4) years thereafter, the Tribal Council shall fill such vacancies by appointment. Approximately four years after the initial appointment of a Commissioner and Associate Commissioners to the Commission, and every four (4) years thereafter, at the expiration of the terms of the Commissioner and the other two Associate Commissioners, the Tribal Council shall fill such vacancies by appointment.
3. At least two (2) weeks prior to any meeting during which future appointments to the Commission will be made, the Tribal Council shall publicize that it will be making such appointments and shall seek applicants for appointment and nominations of individuals to be appointed.
The term of office of the Commissioner shall be four (4) years, and an individual may serve a total of two (2) terms in such capacity, whether or not consecutive. The term of office for Associate Commissioners shall be four (4) years, and an individual may serve a total of three (3) terms in such capacity, whether or not consecutive. Serving a term in the capacity of Associate Commissioner shall not be deemed to be a term as Commissioner.
Immediately upon appointment, the Tribal Chairman shall administer the oath of office to the Commissioner and to the Associate Commissioners, which oath of office shall include a commitment to uphold the Constitution and laws of the Little River Band of Ottawa Indians and to perform faithfully and diligently the duties and responsibilities set forth in this Ordinance and the mandates of all Tribal laws applicable to commercial and subsistence fishing, hunting, trapping and gathering.
Removal from the office of Commissioner or Associate Commissioner.
1. Grounds for removal of an individual from the office of Commissioner or Associate Commissioner shall include:
  1. Conviction of a felony in Tribal, State or Federal court during a term of office, unless such conviction stems from performance of a legal duty to the LRB;
  2. Fraud, conspiracy to commit fraud or material misrepresentation or malfeasance in the performance of duties and responsibilities under this Ordinance;
  3. Failure to attend three consecutive meetings of the Commission without valid excuse.
2. Procedure for removal of an individual from the office of Commissioner or Associate Commissioner shall afford all parties all protections guaranteed by the Indian Civil Rights Act, 25 U.S.C.1302, and shall be as follows:
  1. Upon receipt of a petition signed by at least fifty (50) members of the Little River Band of Ottawa Indians, or by two Associate Commissioners or by the Commissioner and one Associate Commissioner, the Chairman of the Little River Band of Ottawa Indians shall call a special meeting of the Tribal Council to deal with a request to remove the Commissioner or an Associate Commissioner.
  2. In the event the Tribal Council determines that a sufficient number of valid signatures are affixed to the petition and that the charges set forth in the petition, if verified, constitute grounds for removal of the Commissioner or an Associate Commissioner from his or her appointed position, the Tribal Council shall set a date for hearing the charges on the petition and shall provide notice to the Commissioner or Associate Commissioner whose removal is being sought.
  3. Notice to the Commissioner or Associate Commissioner whose removal is being sought shall be served no later than two (2) weeks prior to the date set for the hearing, shall include the date, time and location of the hearing, shall attach a full and complete copy of the petition seeking removal, and shall attach a copy of the rules to be followed during the hearing. Upon good cause shown, the Tribal Council may postpone the hearing to a later date. Notice shall also advise the recipient of the availability of Tribal Council subpoena power to require the presence of any witness or the production of any document which the recipient deems necessary in order to attempt to defend against the charges contained in the petition.
  4. The Tribal Council shall also provide copies of the notice to the Commissioner and all Associate Commissioners and to each member of the Little River Band of Ottawa Indians who signed the petition, advising each of them of the opportunity to appear and to present evidence, either in support of the charges against the Commissioner or Associate Commissioner whose removal is sought or in support of the defense of such Commissioner or Associate Commissioner. Any person who has properly signed such petition shall have the ability to request the Tribal Council to issue a subpoena to require the presence of witnesses or production of documents deemed necessary to support the charges contained in the petition.
  5. The Tribal Council shall preside at the hearing of the charges contained in any such petition and shall allow as much time as necessary for the testimony of witnesses and presentation of evidence in support of the charges, as much time as necessary for the testimony of witnesses and presentation of evidence to refute the charges, and such time as the Tribal Council deems appropriate for summary statements and arguments. At any time, the Tribal Council may recess the hearing until a later time certain.
  6. Upon the conclusion of the presentation of evidence and of summary statements and arguments, the Tribal Council shall deliberate in closed session and shall either dismiss the petition or shall remove the Commissioner or Associate Commissioner charged in the petition, upon such findings of fact as may be appropriate. The decision of the Tribal Council shall be read in open session. The decision of the Tribal Council shall be final, and no appeal to any other tribunal shall be available.
  7. In the event a vacancy occurs in the office of Commissioner or Associate Commissioner, by virtue of death, resignation or removal, the vacancy shall be filled in the following manner:
    1. If one year or less remains of the term of office which has become vacant, the Tribal Council shall appoint a qualified member of the Little River Band of Ottawa Indians to fill the remaining term of office without seeking applications or nominations therefor.
    2. If more than one year remains of the term of office which has become vacant, the Tribal Council shall comply with the requirements of Article II, Section C(3) prior to appointing a qualified member of the Little River Band of Ottawa Indians to fill the remaining term of office.

III. Meetings of the Commission.

Public Informational Meetings. The Commission shall have public informational meetings, to be held at large, centrally located facilities, at least one (1) time per year at such dates, times and locations as may be designated, subject to the following requirements:
1. The agendas of such meetings shall be informational in nature.
2. Two (2) Associate Commissioners or the Commissioner and one Associate Commissioner shall constitute a quorum at such meetings.
3. Substantial time shall be set aside at each such meeting to permit the membership of the Little River Band of Ottawa Indians the opportunity to provide input on any aspect or issue which is relevant to the purpose and authority of the Commission.
4. Notice of such meetings shall be published in local periodicals wherever concentrations of members reside no later than two weeks prior to such meeting, such notice to set forth the place, date, time and duration of such meeting and the agenda for such meeting.
5. Complete minutes of such meetings shall be taken and retained, and shall become a part of the legislative history of the Commission.
Regular Meetings. Regular meetings of the Commission shall be held once each month for the purpose of conducting the business of the Commission. Regular meetings will be subject to the following requirements:
1. Notice of such meetings, including the date, time and location, shall be provided to each member of the Commission at least 14 days prior to the date of the meeting. Notice shall be deemed to be provided upon being sent by telefax.
2. The Commissioner shall have a vote on all issues to be decided by the Commission, except as otherwise provided for in this Ordinance.
3. No official action may be taken by the Commission unless a quorum is present. A quorum of the Commission shall consist of the Commissioner and three (3) Associate Commissioners or four (4) Associate Commissioners.
4. The conduct of Commission meetings shall be governed by Roberts Rules of Order.
5. Complete minutes of such meetings shall be taken and retained, subject to the exception contained in Section D of this Article, and shall become a part of the legislative history of the Commission.
Special Meetings. Special meetings of the Commission shall be held as needed upon the directive of the Commissioner or any two Associate Commissioners upon receipt of 72 hours notice in writing delivered to all members of the Commission. Notice shall be deemed to be provided upon being sent by telefax. All other provisions applicable to regular meetings shall apply to special meetings of the Commission.
Regular and special meetings shall be conducted pursuant to the following additional rules:
1. It shall be the standard that all meetings of the Commission shall be open to all members of the Little River Band of Ottawa Indians; however, the Commissioner or a majority of the Associate Commissioners present may direct all or a portion of a regular or special meeting to be closed to everyone except designated participants, when such closed meeting is necessary to deal with personnel issues or to discuss any matters deemed to require a closure.
2. Minutes of all regular and special meetings of the Commission shall be transcribed, shall be kept on permanent file in the offices of the Commission, and shall be available for inspection by any member of the Little River Band of Ottawa Indians upon reasonable advance notice; provided, however, that as to any closed meeting or closed portion of a meeting, the minutes shall merely reflect that a closure took place.
3. Minutes of all closed meetings or closed portions of meetings of the Commission shall be transcribed and shall be kept on permanent file in the confidential files of the Commission. Such minutes may be released only upon a majority vote of the Commission explicitly authorizing such release.
4. Conflict of interest provisions contained in Article VI, Section 6 of the Constitution of the Little River Band of Ottawa Indians, or any successor provision applicable to the Tribal Council, shall apply to this Commission.

IV. Powers and Authorities of the LRB Natural Resources Commission.

The primary responsibility of the Commission shall be to implement the provisions of this Ordinance and all Ordinances governing commercial and subsistence fishing, hunting, trapping and gathering activities by Tribal members and on Tribal lands and to ensure the protection of the environment and resources within the Little River Band of Ottawa Indians' ancestral lands and waters.
The Commission shall have the following additional powers:
1. To promulgate rules for the purpose of implementing this Ordinance and any Ordinances regulating commercial and subsistence fishing, hunting, trapping and gathering activities by Tribal members or on Tribal lands;
2. To issue orders and directives not inconsistent with this Ordinances or Tribal Ordinances regulating commercial and subsistence fishing, hunting, trapping and gathering activities by Tribal members or on Tribal lands;
3. To monitor and assess the impact commercial and subsistence hunting, fishing, trapping and gathering activities by Tribal members on the health and diversity of fish, wildlife and plant populations or other natural resources;
4. To recommend to the Tribal Council, such Ordinances or amendments to Ordinances as may be required to better protect and manage the natural resources impacted by the Tribe;
5. To adopt, when deemed necessary by the Commission, such emergency and/or interim regulations, including, but not limited to, restrictions on seasons, bag or creel limits, or method of harvest, as may be necessary to protect fish, wildlife and plant populations or other natural resources;
6. To keep and maintain an up-to-date and accurate list of all persons to whom each type of license or permit has been issued;
7. To review on an ongoing basis the numbers of each type of license or permit outstanding, with particular emphasis on commercial or special permits which may be outstanding, to determine if it is in the best interests of conservation to continue such permits;
8. To issue, suspend or revoke licenses, special permits, or other permits contemplated by this Ordinance and for fishing, hunting, trapping and gathering activities. All licensing actions shall be subject to the requirements of the Indian Civil Rights Act;
9. Subject to ratification by the Tribal Council, to enter into contracts of all types with agencies of Federal, State, local or other Tribal governments, with private parties, including individuals, partnerships, corporations or other enterprises.
10. To prepare and present to the Tribal Chairman and Tribal Council a budget requesting an appropriation of funds to permit the Commission to employ personnel or to retain by contract such independent contractors, professional services and whatever other services may be necessary to carry out the dictates of this Ordinance and all Ordinances governing commercial and subsistence fishing, hunting, trapping or gather of natural resources; Provided, However, that the employment of personnel by the Commission shall be subject to the Personnel Policies and Procedures of the Little River Band of Ottawa Indians;
11. To establish a tribunal consisting of three (3) of which at least one will be a tribal elder, over the age of fifty-five (55) years, for the purpose of conducting such hearings as may be necessary under the provisions of this Ordinance or under the provisions of any other ordinances which this Commission is charged with implementing. Such Tribunal will operate until such time as the LRB creates a court of General or Special Civil and Criminal jurisdiction with due authority of the Tribunal, whereupon the Tribunal shall cease to exist. The Tribunal shall hear appeals from decisions denying the issuance of any license, license suspensions or revocations, allegations of violation of this Ordinance or any ordinance which this Commission is charged with implementing, violation of any rule, regulation or directive issued by the Commission, confiscation of gear or equipment, or any other matter arising under this Ordinance. In establishing such tribunal, the Commission may vest the tribunal with full authority to subpoena witnesses and records, impose penalties and enter judgments of both a legal and equitable nature, provided, however, that the Tribunal shall in all cases adhere to all requirements of the Indian Civil Rights Act, Title 25, United States Code Section 1302.

V. Powers of the Commissioner.

The Commissioner shall have the following powers and authorities:

To chair all meetings of the Commission.
To act in all respects on behalf of the Commission between meetings of the Commission, subject, however, to ratification by the Commission of any action taken.
To represent the Commission in all respects whenever it is appropriate for the Commission to be represented.
To serve on other boards or commissions as a representative of the Commission.
To delegate to an Associate Commissioner, or to an employee as appropriate, any of the duties and responsibilities of Commissioner.
To exercise any other authority delegated to the Commissioner by ordinance or by action of the Tribal Council.

VI. Savings Clause.

In the event that any phrase, provision, part, paragraph, subsection or section of this Ordinance is found by a court of competent jurisdiction to violate the Constitution, laws or ordinances of the Little River Band of Ottawa Indians, such phrase, provision, paragraph, subsection or section shall be considered to stand alone and to be deleted from this Ordinance, the entirety of the balance of the Ordinance to remain in full and binding force and effect.

Natural Resource Commission Ordinance
Ordinance # 96-500-01
Adopted - May 5,1996
Updated: June 6, 2001(10:36am)

UNIFORM CONSERVATION CODE OF THE OTTAWA AND CHIPPEWA OF NORTHERN MICHIGAN
Ordinance # 96-500-02

Preamble

The Grand Traverse Band of Ottawa and Chippewa Indians, the Little Traverse Bay Bands of Odawa Indians and the Little River Band of Ottawa Indians (Tribes) are all parties to the Treaty of Washington of March 28,1836, 7 Stat. 491. In that Treaty the Tribes reserved the right to hunt, fish and gather on the ceded lands and waters. The individual Tribes adopt this uniform Code to exercise their inherent sovereign right to regulate the reserved treaty rights. This uniform Code enables the Tribes to coordinate their efforts to preserve and conserve the resources while promoting pubic safety. The purpose of these regulations is to preserve and conserve the natural resources on and in the lands and waters ceded by the Ottawa and Chippewa in the Treaty of 1836 for the perpetual use, benefit, and enjoyment of the members of the Tribes. These regulations do not apply to the commercial use or regulation of those uses on the Treaty-ceded waters of the Great Lakes, or on Treaty-ceded waters connecting the Great Lakes.

Section 1. Definitions

1.01. Ceded Territory -All lands and waters ceded in the 1836 Treaty as described in Article First, that were not reserved in Articles Second and Third of the 1836 Treaty, Article One of the 1855 Treaty, or are not now otherwise within Indian Country, as set forth below:

Beginning at the mouth of Grand River of Lake Michigan on the north bank thereof, and following up the same to the line called for in the first article of the Treaty of Chicago on the 29th of August, 1821, thence, in a direct line, to the head of Thunderbay River, thence with the line established by the Treaty of Saginaw on the 24th of September 1819, to the mouth of said river, thence northeast to the boundary line in Lake Huron between the United States and the British Provence of Upper Canada, thence northwestwardly, following the said line, as established by the commissioners acting under the Treaty of Ghent, through the straits, and river St. Mary's, to a point in Lake Superior north of the mouth of Gitchy Seebing, or Chocolate river, thence south to the mouth of said river and up its channel to the source thereof, thence, in a direct line to the head of the Skonawba river of Green bay, thence down the south bank of said river to its mouth, thence, in a direct line, through the ship channel into Green bay, to the outer part thereof, thence south to a point in Lake Michigan west of the north cape, or entrance of Grand river, and thence east to the place of beginning, at the cape aforesaid, comprehending all the lands and islands, within these limits, not hereinafter reserved.

1.02. Tribe or Tribes - The Little Traverse Bay Bands of Odawa Indians, the Little River Band of Ottawa Indians and the Grand Traverse Band of Ottawa and Chippewa Indians.

1.03. Tribal Members - Enrolled members of one of the Tribes.

1.04. Tribal Court - The Court of one of the Tribes.

1.05. Tribal License - A gathering, hunting, trapping, or fishing License issued by a Tribe to a Tribal member which is valid and current which authorizes him or her to hunt, trap, fish or gather in accordance with the provisions of this Code.

1.06. Personal Use - The use of natural resources for direct personal or family consumption by Tribal members as food, medicine, shelter, fuel, clothing, tools, or transportation; for making or selling handicraft articles including the commercial sale of such articles; or for barter. For purposes of this section, the term:

"Family" means all persons related by blood, marriage, or adoption, or any person living within the household on a permanent basis;
"Handicraft articles" means articles produced, decorated or fashioned in the exercise of traditional Indian handicrafts such as carving, weaving, beading, pottery, drawing or painting, without the use of mass copying devices; and
"Barter" means the sale or exchange of natural resources or parts thereof for personal uses between Tribal members.

1.07. Commercial Purposes - The harvesting of a natural resource in which the resource harvested, or any portion thereof, is sold, but shall not include harvesting of a natural resource for personal use.

1.08. Endangered Species - Any species of wildlife or plant designated as rare or endangered by the Tribal Council, by the State of Michigan, or the United States Department of the Interior pursuant to 50 CFR Part 17.

1.09. Treaty - The March 28,1836 Treaty of Washington with the Ottawas, 7 Stat. 491.

1.10. Fishing Activity - Fishing for, catching, taking, or attempting to fish for, catch or take, any species of fish from treaty ceded waters, including all related activities which occur in or on the water, or immediately adjacent to the waters edge and in the process of loading or unloading fish, nets, or related gear, in or from a boat or vehicle.

1.11. Targeting - Fishing, hunting, trapping, or gathering activity which has the effect of catching or taking a specific species or several species of fish, wildlife, or plants.

1.12. Enforcement Officer - Any Tribal Enforcement Officer authorized by Tribal law to enforce Tribal conservation regulations, or federal enforcement agents, including Special Agent of the U.S. Fish and Wildlife Service, or other persons deputized by the Tribal Council to enforce these regulations.

1.13. Regulations - These regulations including any subsequent amendments to these regulations and any separate Tribal treaty regulations enacted by a Tribe.

1.14. Game Fish - Brook trout, lake trout, splake, brown trout, rainbow (steelhead) trout, coho salmon, chinook salmon, Atlantic salmon, largemouth bass, smallmouth bass, rock bass, walleye, sauger, northern pike, muskellunge, tiger muskellunge, sturgeon, bluegill, sunfish, crappie, perch, lake whitefish, and round whitefish (menominee), and any other species of fish now or in the future present in the Ceded Territory which may be taken for food or sport.

1.15. Bait fish - non-game fish used for catching other fish.

1.16. Wild animals - all creatures, not human, wild by nature, endowed with sensation, and power of voluntary motion, which includes quadrupeds, mammals, birds, fish, amphibians, reptiles, crustaceans, insects, and mollusks.

1.17. Game - small game and big game.

1.18. Small game - Ruffed grouse (partridge), woodcock, mourning dove, ring-neck pheasant, cottontail rabbit, snowshoe hair, grey squirrel, black squirrel, fox squirrel, red squirrel, quail, woodchuck, porcupine, sharptail grouse and crow.

1.19. Big game - White-tail deer, black bear, wild turkey, and elk.

1.20. Furbearer - Fur bearing animals including coyote, red fox, grey fox, bobcat, beaver, otter, muskrat, mink, weasel, skunk, raccoon, badger, and opossum.

1.21. Firearm - A weapon from which dangerous projectiles may be propelled by use of explosives, gas, or air as a means of propulsion.

1.22. Bow - A weapon constructed from wood, plastic, metal, or other material with a cord connecting the two ends when bent or strung, and by means of which an arrow is propelled when drawn and released by hand.

1.23. Slingshot - A "Y" shaped device with an elastic strip at the prongs, or one strip of stretchable material
with a pocket on one end, used for projecting stones or other objects,

1.24. Transport or Transportation - Carrying or moving by any vehicle or vessel, causing to be carried or moved or attempting to do so, or accepting or receiving wild animals, plants, or fish, or any parts thereof.

1.25. Safety Zone - Any area within 150 yards (450 feet) of any occupied dwelling house, residence, cabin, camp, cottage, barn, or other building used in connection therewith.

1.26. Cased or encased - Storage of a firearm or bow in any device or case made to contain a firearm or bow so that no portion is exposed.

1.27. Migratory birds - Those birds included in the terms of the convention between the United States and any other country for the protection of migratory birds and for which open seasons are prescribed in these regulations, including ducks, geese, swans, doves, pigeons, rails, coots, gallinules, woodcock and snipe.

1.28. Amphibians and Reptiles - Bull frogs, green frogs, salamanders, snapping turtles and soft shelled turtles.

Section 2. Territorial Jurisdiction.

2.01. This Code shall govern all treaty hunting, fishing, trapping and gathering activities of Tribal members on lands and waters within the Ceded Territory. In addition, this Code is adopted by the Little River Band of Ottawa Indians to govern activities within the Ceded Territory and within Indian Country owned by, or held in trust for, the Little River Band of Ottawa Indians or members of the Little River Band of Ottawa Indians.

2.02. Open Areas. Tribal members may hunt, trap, fish and gather within the Ceded Territory and pursuant to the regulations contained in this Code, only on the following categories of lands and waters:

Lands and waters open to public hunting, trapping, fishing and gathering.
Tribal lands which are open to hunting, trapping, fishing and gathering by Tribal members; and
Private lands including without limitation lands held by non-Tribal members, lands held directly by Tribal members, lands held by Tribal members subject to restrictions on alienation and lands held by the United States in trust for Tribal members, but only with permission from the owner (or restricted fee or beneficial owner), occupant or lessee.

The geographic limits of each category of land and water, as defined in this subsection, open to licensed Tribal members shall be determined and delineated by Tribal regulation.

Section 3. Tribal License; Exception.

3.01. Any Tribal member twelve (12) years of age or older, who hunts, traps, or fishes within the Ceded Territory, while having under his/her control or immediate possession any firearm, bow and arrow, slingshot, trapping apparatus, or any other device capable of killing or restraining furbearers or game, shall have in his or her possession a valid and current Tribal License. Any Tribal member twelve (12) years of age or older who fishes or attempts to take any fish, reptiles or amphibians while having under his/her control or in his/her immediate possession any pole, reel, tip-up hand line, trap, seine, dip net or spear, shall have in his or her possession a valid and current Tribal License.

3.02. The License provided for in Section 3.01 shall be required to take, transport, or possess any fish, game, furs, hides, amphibians or reptiles, or auxiliary parts thereof within the Ceded Territory and for the purpose of possessing or using firearms, bows, or trapping devices in the course thereof, provided however, that nothing herein contained shall be construed to allow the violation of any other provisions of the Tribal Code relating to the possession or use of any regulated gear.

3.03. No Tribal member under twelve (12) years of age shall be required to possess a Tribal License to fish, take reptiles or amphibians, or gather vegetation or minerals for personal use or use by his immediate family, however, those persons shall be required to follow all applicable Tribal regulations.

3.04. No Tribal member less than twelve (12) years of age shall be allowed to possess a Tribal License to hunt. Any Tribal member under (12) years of age may be issued a License to trap upon application signed by a parent or guardian provided that the member under 12 may not be authorized or allowed to have a firearm in his/her possession while trapping.
Uniform Conservation Code of the Ottawa and Chippewa Indians of Northern Michigan

3.05. A Tribal Member must be at least fourteen (14) years of age to hunt big game with a firearm.

3.06. Any Tribal member who applies for a Tribal License to hunt any small game, big game, or furbearer shall either produce a previous License to hunt or trap from a Tribe or other lawful issuing agent within the State of Michigan or have successfully passed a recognized Hunters Safety Course.

3.07. Any Tribal member under sixteen (16) years of age, while hunting with a firearm, shall be accompanied by an adult who shall have in possession a valid Tribal or state License.

3.08. In addition to the Tribal license required by this section, Tribal members will be required to obtain annual harvest tags in order to hunt or trap certain species.

Annual harvest tags must be obtained from the Tribe in order to hunt deer, bear or wild turkey.
Annual harvest tags must be obtained from the Tribe in order to trap otter, badger and bobcat.

3.09. In addition to the Tribal license required by this section, Tribal members may also be required to obtain and carry in his or her possession, a valid and current Special Use Permit authorizing such member to hunt, trap, fish or gather.

3.10. Tribal License Not Required to Hunt, Trap or Fish Under State Law. Notwithstanding any other provision of this Section 3, a Tribal member is not required to possess a Tribal License to hunt, trap or fish within the Ceded Territory in compliance with the laws of the State of Michigan regulating seasons, bag and creel limits, size or sex of animals harvested, and the gear and methods of harvest, provided that such member has in his or her possession his or her Tribal enrollment card and a photographic identification card. Except for the Tribal License requirements of this Section 3, all other provisions of this Code or any regulations promulgated in accordance with this Code, including requirements prescribing biological assessment of harvest levels, shall remain applicable to a Tribal member hunting, trapping or fishing under this paragraph. No member who has not passed a recognized Hunters Safety Course shall hunt or trap under this paragraph.

3.11. Tribal License Exclusive. No Tribal member who complies with the applicable provisions of this Section 3 regarding possession of a Tribal License, harvest tag, special use permit, Tribal enrollment card and photographic identification card shall be required to purchase or possess a Michigan big game, small game, trapping, or fishing license when hunting, trapping, or fishing within the Ceded Territory, or when transporting or possessing any fish, game, furs, hides, amphibians or reptiles, or auxiliary parts of animals lawfully taken within the Ceded Territory, anywhere in the State of Michigan.

Section 4. Hunting and Trapping; General Provisions.

4.01. It shall be unlawful for any Tribal member to engage in the sale of the flesh of game.

4.02. Furbearers, big game, or small game lawfully taken by licensed Tribal members may be transported within or outside of the Ceded Territory provided that the member shall have a valid and current Tribal License in possession.

4.03. Shooting hours are one half hour before sunrise to sunset Eastern Standard Time (E.S.T.) including migratory birds. Fox, raccoon, and coyote may be hunted after sunset with use of dogs, or game call and artificial lights.

4.04. It shall be unlawful to hunt or pursue any furbearer, small game, waterfowl, or big game with automobile, motorcycle, ORV, airplane, snowmobile, motorboat, or any other motorized or wind powered vehicle or boat.

4.05. No furbearer, waterfowl, small game, or big game may be lawfully taken by use of explosive, drugs, poisons, medicated bait, or other deleterious substances.

4.06. It shall be unlawful to trap or snare big game animals.

4.07. It shall be unlawful to shoot furbearers, small, or big game while they are in the water.

4.08. Traps used for harvesting furbearers shall be either leg-hold, box type, or body gripping (conibear) type. It shall be unlawful to use snares except while trapping beaver, otter, or muskrat in the riparian corridor or submerged in streams or lakes.

4.09. All traps set shall be clearly marked with the Tribal License Number and name of the person who set the trap. All traps must be attended at least every 24 hours.

4.10. All bobcat, otter and badger taken by trap, and all hides, pelts, and furs thereof, shall be clearly marked with the Tribal License Number and the name of the person to whom it belongs within seventy two (72) hours of being taken.

4.11. It shall be lawful for Tribal Licensees to possess, sell, or use for barter, or transport any hides, furs, or pelts of furbearers, big game, or small game lawfully taken, including the sale of the flesh of beaver, raccoon, and muskrat.

4.12. All hides, furs, or pelts of furbearers either shot or trapped shall be presented to a Tribal Enforcement Officer for inspection and registration before they are shipped by common carrier, transported outside the Ceded Territory, or offered for sale or barter.

4.13. All Federal laws and regulations regarding the identification, sale, and transportation of hides, furs, or pelts of any furbearer apply to identification, sale or transportation under this Code.

4.14. It shall be unlawful to transport firearms in any motorized vehicle within the Ceded Territory unless they are unloaded and encased or unloaded in a trunk not accessible from the driver and passenger compartment of the vehicle. Bows must be unstrung or encased while being transported in a motorized vehicle. Muzzleloaders with caps removed or pan empty are unloaded.

4.15. It shall be unlawful to discharge any firearm, arrow, or projectile from a motorized vehicle. Provided, however, that it is lawful to shoot from a motorized boat as long as the motor is not running and foreword momentum has ceased, except for forward motion caused by the water current.

4.16. It shall be lawful to possess, in a humane way during trapping season, one coyote and two fox for the purpose of urine and droppings collection for trapping providing at least one member of the immediate family has a valid Tribal trapping license.

4.17 Seasons and Bag/Harvest Limits. The seasons and bag/harvest limits for taking small game, big game, furbearers, and turkeys, and for trapping furbearers specified in Section 1 shall be as determined by Tribal regulations.

Section 5. Hunting Restrictions.

5.01. No Tribal Member shall use in hunting, pursuing, or killing a wild animal, or to be in possession of in an area frequented by wild animals, any auto-loading or semi-automatic shotgun or rifle other than .22 caliber rimfire, capable of holding more than six (6) shells in both the chamber or magazine combined, or use cartridges containing either tracer or exploding bullet.

5.02. No Tribal Member shall use, or be in possession of, a device or apparatus known as a silencer.

5.03. Tribal Members may use a bow and arrow to hunt deer, small game, furbearers, or bear from a tree or portable raised platform except from November 15 through November 30.

5.04. Tribal members may hunt from a portable raised platform or tree with game call for purpose of taking fox and coyote, except November 15 through November 30.

5.05. Unless otherwise specified in this Code or special Tribal regulations, no Tribal Member shall make use of artificial light, cage, net, trap, pit, pitfall, deadfall, snare, drug, poison, chemical, fire, smoke, gas, explosive, or mechanical device other than firearm or bow and arrow for the purpose of harvesting or killing big game or small game animals.

5.06. It shall be unlawful to set or use fire to drive wild animals or to attempt to take wild animals.

5.07. A Tribal Member may use salt and bait to hunt for bear or deer, provided no drugs or poisons are used.

5.08. Any firearm used in hunting big game other than wild turkey shall be a center fire rifle of .223 caliber or larger, muzzle loader of .40 caliber or larger, or shotgun using slug or buckshot.

5.09. Wild turkey may be hunted with a bow and arrow, or shotgun, or muzzle loading shotgun using number four (#4) shot or smaller.

5.10. Bow and arrow may be used to hunt both big game and small game, provided that a broadhead with a cutting surface of 1 inch (1") diameter may be used to hunt big game including wild turkey.

5.11. It shall be unlawful to hunt deer or wild turkey with dogs.

5.12. It shall be unlawful to hunt or trap with a firearm on any lands during daylight hunting hours from August 15 through April 30 unless 1 square foot of hunters orange is worn and visible from all sides. This does not apply to persons hunting waterfowl, crow, wild turkey, predators, nor bow hunters except during firearm deer season.

Section 6. Waterfowl Regulations.

6.01. Any member twelve (12) years of age or older who hunts migratory birds within the Ceded Territory shall have in possession a valid Tribal License.

6.02. No Tribal Member under twelve years of age shall be allowed to possess a Tribal license or hunt migratory birds.

6.03. Offenses.

In addition to the violation of any of the provisions herein contained, or any other hunting regulation enacted now or in the future by a Tribal Council, the acts or omissions described below shall constitute misdemeanors. An Enforcement Officer may arrest a person(s) committing an offense and may seize or confiscate any migratory birds, firearms, bows, vessels, vehicles, and any associated paraphernalia used in hunting at the scene of the offense.
In addition to any punishment provided for upon the conviction of any misdemeanor, or any other offense described herein, or upon conviction for the violation of any regulation now enacted or herein after enacted with respect to hunting migratory birds by the Tribal Council, any person so convicted may have any hunting equipment or paraphernalia in his possession at the scene of the offense permanently confiscated. Also, the above said person(s) is/are subject to fines and incarceration as imposed by the Tribal Court.
It shall be unlawful to:
1. Engage in any migratory bird hunting without first obtaining a Tribal license.
2. Use or allow another person to make use of a Tribal license not his/her own.
3. Engage in wanton destruction of migratory birds.
4. Fail to make a reasonable effort to recover dead or wounded migratory birds.
5. Take, possess, or transport, or aid, assist, or abet the taking, possession or transportation, of any migratory bird protected by Tribal or Federal law.
6. Exceed established limits, or use prohibited means of taking migratory birds.
7. Hunt while visibly impaired due to the consumption of alcohol or controlled substances.
8. Refuse to produce a Tribal license or other identification upon request of an Enforcement Officer.
9. Use fraud or perjury in procuring a Tribal license.
10. Fail to allow the inspection of any migratory bird or bird part in possession upon demand of an Enforcement Officer.
11. Harass or interfere with any legal licensed hunter.
12. Shoot, attempt to shoot, or harm in any way any Endangered Species.
13. Take migratory game birds with trap, snare, swivel gun, punt gun, battery gun, automatic fired weapon, shotgun with shells longer than 3.5", fish hook, poison, drug, or stupefying substance, or explosive.
14. Take migratory birds with a shotgun of any description greater than 10 gauge and capable of holding more than three (3) shells, unless it is plugged with a one piece filler which is incapable of removal without disassembling the gun, so its total capacity does not exceed three shells.
15. Use or be in possession of any shot other than steel to take migratory birds; provided, however, that it shall be legal to hunt woodcock with shot rather than steel.
16. Hunt migratory birds from or by means or use of a sinkbox, or other low floating device, having a depression affording the hunter a means of concealment beneath the surface of the water.
17. Use any rim fire, center fire, or muzzleloading rifle to take migratory birds.
18. Pursue migratory birds from a motor boat, or any other craft having a motor attached, or sailboat unless the motor is completely off, and/or the sails are unfurled, or by means of any motorized land or air conveyance.
19. Use any land, water, or air conveyance to drive, concentrate, or disperse migratory birds.
20. Use or attempt to use bait, or hunt on or near a baited area. Baiting for migratory birds shall mean the use and distribution of any grain, meals, salt, or other feed whatsoever so as to lure or attract such birds; and a place or locale which has been baited may be considered baited for ten days after such bait has been removed. Provided, however, that it shall be legal to hunt migratory game birds in agricultural fields where crops are standing, or have been harvested as a part of normal agricultural operational procedures, or grown for wildlife management, provided that the seeds and grains are not scattered or redistributed once the crop has been harvested.
21. Violate any Federal law pertaining to 50 CFR Part 20 dealing with hunting migratory birds.

6.05. Biological Monitoring of Harvest. It shall be the duty of the Tribal Biologists and Enforcement Officers working with Federal officials to monitor and sample the Tribal harvest of migratory birds through gamebag checks, patrols, and mail surveys. The harvest of all species shall be reported to the US Fish and Wildlife Service to permit evaluation of the impacts of the Tribal harvest and modify this Code on a seasonal basis. The South James Bay Canada Goose population will be monitored particularly closely, based on band recovery, to assess the impacts of hunting by the Tribes.

6.06. Seasons and Bag Limits. The season and bag limits for the taking of migratory birds shall be subject to the provisions of the Migratory Bird Treaty Act, 16, U.S.C. secs. 703 to 711, and regulations promulgated pursuant thereto set forth at 50 C.F.R. Part 20.

Section 7. Gathering Vegetation.

7.01. It shall be lawful for Tribal Members to gather and use vegetation and minerals for the construction of traditional crafts, handicraft articles, medicines, and food, subject to the following regulations.

7.02. Permission must be obtained from a private land owner prior to gathering on such land.

7.03. For any gathering of vegetative or mineral material a Tribal member must acquire a Special Use Permit from his/her Tribe pursuant to Tribal regulations. Provided, that no permit is required to gather fruit, fungi and nuts.

7.04. It shall be unlawful to gather, collect, or be in possession of any vegetation or parts of any threatened or Endangered Species.

Section 8. Subsistence and Sport Fishing.

8.01. Any Tribal member twelve (12) years of age or older who fishes within the Ceded Territory shall have in possession a Tribal license. No license is required for a Tribal member less than twelve (12) years of age, but all regulations contained in this Code shall apply.

8.02. Methods and Gear Restrictions.

The use of poles, reels, tip-ups, and hand lines is lawful for use while fishing.
Seines up to thirty feet (30') by three feet (3') and dip nets up to nine (9) square feet are legal for smelt on the Great Lakes, inland lakes and 100 yards upstream on all tributaries and connecting waters of the Great Lakes.
Bait fish may be taken by traps, seines up to thirty feet (30') by three feet (3') and dip nets up to nine (9) square feet.
Individual hook and line fishing is limited to four (4) lines per person with two (2) hooks per line. Ice fishing is limited to eight (8) tip ups and one (1) pole or hand line per licensee.
Fixed ice shanties must have the owner's name, address and Tribal license number permanently affixed on all sides with letters at least two inches (2") high. Shanties must be removed when the ice is unsafe.
Fishing with a spear, bow and arrow, or dip net, is permitted on any streams, lakes and rivers subject to the season, size and creel limits and other restrictions imposed by Tribal regulations and pursuant to a Special Use Permit issued under Section 11 of this Ordinance. Provided that spearing is only permitted for white fish, trout (including steelhead), northern pike, walleye, herring, menominee, suckers, carp, drum, bass, muskellunge, buffalo, salmon and sauger.
A single large or small mesh gill net not to exceed 300 feet in length may be permitted pursuant to a Special Use Permit issued under Section 11 of this Ordinance, except in the St. Mary's River System, a single gill net shall not exceed 100 feet in length; a subsistence fisher is prohibited from tying together single gill nets to form a gang of nets. As used in this sub-section, "large mesh gill net" means a gill net having a diagonal stretch measure of 4%2 inches or greater. "Small mesh gill net" means a gill net having a diagonal stretch measure of 2%2 inches through 3 inches.

8.03. Restrictions. It shall be unlawful to:

Use explosives, drugs, poisons, lime, medicated bait, or other deleterious substances to take or attempt to take fish.
Drive or harass fish into nets.
Use firearms to take or attempt to take fish.
Use gill nets, trap nets, seines or gorge to take fish, except as allowed for bait fish under section 8.02(C), for smelt under section 8.02(B), or under 8.02(G).
Use a snag hook to take or attempt to take fish.
Destroy or waste of fish.
Harass or impede another fisherman or boater.
Take fish for the sole purpose of egg (spawn) collection.
Take any species of game fish determined to be rare or endangered by the Fish and Wildlife Service or the Tribal Council.

8.04. Seasons and Creel Limits for Fish Harvest. The seasons and creel limits for the taking of the various fish species specified in Section 1.14 shall be as determined by Tribal regulations.

Section 9. Amphibians and Reptiles.

9.01. Amphibians. Amphibians may be taken the last Saturday in May through November 15 with no size limit. Not more than fifty (50) of each species shall be taken per day and not more than one hundred (100) of any species may be in possession at any given time.

9.02. Reptiles. Snapping turtles and soft shelled turtles may be taken throughout the year without limitation on numbers. No snapping turtle less than 8" of carapace may be taken.

9.03. Equipment. Taking of amphibians and reptiles may be done by hand, trap, dip nets, seines, and hook and line. Frogs may be speared, but not with artificial light. 9.04. Taking of amphibians and reptiles shall be for personal use only.

Section 10. Biological Assessment and Monitoring.

10.01. To conduct biological assessment, habitat evaluation, or other biological study, upon recommendation of the Biological Services or Conservation Program to the Tribal Council, the Tribal Council may require that furbearers, small game, big game, migratory birds, fish, reptiles, amphibians or the habitats of any of them within the Ceded Territory shall be subject to reasonable biological assessment. The purpose of such
assessment is to insure the long range management of these species and their environs, or to make modifications, or changes to the existing regulations or any future regulations as necessary to foster such management.

10.02. Monitoring. It shall be the duty of Tribal biologists to monitor all take of game, fish, furbearers, migratory birds, reptiles, amphibians and plants and the natural growth harvest of migratory birds through the receipt of catch reports, through gamebag checks, patrols, jawbone retrieval and mail surveys.

Section 11. Special Use Permits.

11.01 . Except as provided in paragraphs 11.02 and 11.03, nothing in this Code shall prohibit the harvest or use of any natural resource by Tribal members for religious or ceremonial purposes or for consumption by Tribal elders.

11.02. No Tribal members shall harvest out of season a natural resource for religious or ceremonial purposes or for consumption by Tribal elders without a Special Use Permit from the Tribe. It shall be a violation of these regulations to fail to comply with the terms and conditions of any such Special Use Permit.

11.03. In reviewing and taking action on a request for any Special Use Permit, a Tribe shall take into account the biological impact of the harvest and include such terms and conditions as may be necessary to protect the resource and shall ensure compliance with all applicable law.

Section 12. Possession and Use for Religious Purposes.

12.01. No animal shall be taken, or plant or mineral gathered, by any Tribal member for any purpose except as allowed for in this Code or by Special Use Permit issued by a Tribe under this Code.

12.02. Nothing in this Code shall be construed to prohibit the possession or use of any species of plant or animal by a Tribal member for religious purposes.

12.03. If a Tribal member finds a dead eagle, hawk, fur bearer, or any Endangered Species, the member shall report the finding as soon as possible to the Tribal Biological Services or Conservation Department. The member shall leave it and direct the appropriate Tribal authority to the place where the carcass was found. After inspection of the scene, the Tribal Enforcement Officer or any officer deputized by the Tribal Council shall take a sworn statement from the Tribal member regarding the circumstances under which the carcass was found. The Enforcement Officer shall then deliver the carcass to the appropriate Tribal authority for shipment to the appropriate agency.

12.04. Each Tribe shall maintain a repository to keep parts of eagles, hawks, furbearers and any Endangered Species from species either taken in violation of this Code or other applicable Tribal law or acquired pursuant to section 12.03. Tribal members may request in writing animal parts from the repository for religious purposes. Each Tribe will develop regulations to process such requests so that items in the repository can be distributed to Tribal members in a fair and efficient manner. The Tribes may issue possession licenses if needed to protect Tribal members from non-Tribal law enforcement agencies.

Section 13. Offenses.

13.01. In addition to the violation of any of the provisions herein contained, or any other fishing, hunting, trapping or gathering regulation now or in the future enacted by a Tribal Council, the acts or omissions described in section 13.04 constitute misdemeanors. An Enforcement Officer or any officer deputized by a Tribal Council may arrest those person(s) committing the offense and may seize or confiscate any fish, reptiles, amphibians, game, furbearers, hides, vehicles, vessels, firearms, bows, traps, nets, lines, and any associated paraphernalia used in fishing, hunting, trapping or gathering to be turned over to the Tribal Court of the offender.

13.02. In addition to any punishment provided for upon the conviction for violations of any provisions of this Code, or of the violation of any regulation now or in the future enacted with respect to fishing, hunting, trapping or gathering activities by the Tribal Council, any person so convicted may have any fishing, hunting, trapping or gathering equipment or paraphernalia in his possession at the scene of the offense permanently confiscated, and may also be subject to fines and incarceration as imposed by the Tribal Court.

13.03. It shall be no defense in any criminal or civil prosecution under this Code, pertaining to hunting, fishing, trapping, or gathering for a Tribal member to claim a lack of awareness or understanding of law or regulations. A conviction upon a violation of any of the provisions of this Code shall constitute a conviction of a misdemeanor or civil offense.

13.04. It shall be unlawful to:

Engage in any fishing, hunting or trapping without first obtaining a Tribal License, harvest tag, special use permit, Tribal enrollment card or photographic identification card when required under this Code.
Use or allow another person to make use of a Tribal License not his/her own.
Engage in wanton destruction or waste of fish, game, reptiles or amphibians.
Take, possess, or transport, or aid, assist, or abet the same, of any game protected by Tribal Council or Federal law.
Exceed established limits, or use prohibited means of taking game, fish, reptiles or amphibians.
Hunt, fish or trap while visibly impaired due to the consumption of alcohol or controlled substances.
Refuse to produce a Tribal license, permit or other identification upon the request of an Enforcement Officer.
Engage in fraud or perjury in procuring a Tribal license.
Refuse to allow inspection of any game, fish, reptiles, amphibians, hides, pelts, or furs in possession upon request of an Enforcement Officer.
Harass or interfere with any legal licensed person fishing, hunting or trapping.
Engage in any fishing, hunting or trapping without first obtaining a Special Use Permit when the same is required under this Code or by Tribal regulation.
Exceed established limits, or prohibited means of taking game, fish, reptiles or amphibians or violate any other terms or conditions contained in any Special Use Permit.

13.05. Any Tribal Member shooting, attempting to shoot, trapping, or attempting to trap, or to harm in any way, any Threatened, or Endangered Species will be held by Enforcement Officers until taken into custody by Federal officials for violation of Federal law.

13.06. Any Tribal Member who is a convicted felon must apply for a variance to possess or use a center fire shotgun or rifle, or handgun under 18 USC § Chapter 44. 922 G1. A Board of Review shall be composed from a member of the Tribal Council, Tribal Law Enforcement Officer, a Tribal Conservation Enforcement Officer, and the Tribal Prosecutor. This does not apply to use of bow and arrow or muzzle loading black powder firearms.

Section 14. Fines and Penalties.

14.01. Any licenses or permits authorized by this Code may be suspended or revoked by the Tribe.

14.02. Any violation of the regulations contained in this Code, or of the regulations established by the Tribe regarding gathering, season, bag and creel limits, or restrictions on method or matter of gathering, or taking, game or fish shall be tried before the Tribal Court under such procedures as are prescribed by the Tribe.

14.03. The following are the minimum penalties for the first offense for a member found guilty of killing, wounding, catching, taking or trapping, or attempting to catch, take, or trap, or possessing any of the following named protected fish, game or furbearers, or any parts thereof in violation of any of the provisions of this Code:

Any Endangered Species or any species determined to be threatened or endangered by a Tribal Council - $1,000.00
Any elk or bear - $500.00
Any deer or wild turkey - $250.00
Any beaver, mink, otter, badger, or bobcat - $100.00
Any rabbit, muskrat, squirrel, or raccoon - $30.00
Any ruffed grouse, woodcock, morning dove, ringneck pheasant, quail or sharptail grouse - $30.00
Any waterfowl - $50.00
Any Sturgeon, Muskellunge, Tiger Muskellunge, or grayling - $100.00
Any Lake Trout, Brown trout, Rainbow trout, brook trout, Largemouth bass, Smallmouth bass, Walleye, Northern pike, whitefish, Menominee whitefish - $50.00
Any fish or game animal not named - $25.00

14.04. Repeat offenders may be fined up to $5,000.00 and/or incarcerated for up to one (1) year, and or lose
hunting, trapping or fishing privileges, at the discretion of the Tribal Court.

Uniform Conservation Code of the Ottawa and Chippewa Indians of Northern Michigan
Ordinance # 96-500-02
Amended - January 26,1997
Updated: June 6, 2001(10:36am)

SOLID WASTE ORDINANCE
Ordinance # 96-08

1. Dumping Prohibited. It shall be unlawful for any person, firm, corporation or government entity to place, leave, dump or permit the accumulation of solid waste, including (but not limited to) garbage, rubbish or trash within any building or on any premises within the boundaries of the reservation, except in garbage cans and other containers for the purpose of collection by an authorized collection agency or at an approved disposal site. It shall also be unlawful for any person, firm, corporation or government entity to cause any action prohibited by this section.

2. Permit Required. No person, firm, corporation, or government entity may operate a landfill or sold waste disposal site or operate a solid waste collection system unless he has obtained a permit for such operation from the Natural Resource Commission of the Little River Band of Ottawa Indians.

3. Civil Offenses; Penalties. Any person, firm, corporation or government entity who violates this ordinance shall be fined a minimum of $250.00 per offense or be subject to imprisonment in jail, or both upon conviction in Tribal Court of the Little River Band of Ottawa Indians. In addition, any person, firm, corporation or government entity in violation of this ordinance may be required to fulfill a community service period, during which they will assist in collection of trash and litter on the Reservation.

Solid Waste Ordinance
Ordinance # 96-08
Adopted - September 8,1996
Updated: June 6, 2001(10:36am)

ESTABLISHING INTERIM LAND-USE RESTRICTIONS FOR TRIBAL LANDS, DESIGNATING CERTAIN TRIBAL LANDS AS "CLOSED" TO NON-MEMBER USE, AND PRESCRIBING PENALTIES FOR VIOLATIONS OF THAT PROHIBITION

WHEREAS, the Little River Band of Ottawa Indians is a federally recognized tribe, as reaffirmed under P.L. 103-324, enacted on September 21,1994, with property rights secured to it under the 1836 Treaty of Washington (7 Stat. 491) and the 185 5 Treaty of Detroit (11 Stat. 621); and

WHEREAS, the Little River Band of Ottawa Indians is descended from, and is the political successor to, Grand River Ottawa Bands which were signatories of the 1836 Treaty of Washington (7 Stat. 491), as reaffirmed under P.L.103-324, enacted on September 21,1994; and

WHEREAS, the Tribal Council, pursuant to Article IV, Section 7(a) of the Tribal Constitution, is invested with the inherent power to govern the conduct of members of the Tribe and other persons within its jurisdiction; and

WHEREAS, the Tribe, as an incident of its inherent sovereignty, is entitled to exclude non-members from Reservation lands over which the Tribe exercises jurisdiction, or to permit non-members to access Tribal lands subject to terms and conditions that are prescribed by the Tribe; and

WHEREAS, Tribal lands have been designated for public uses and purposes, including: the Little River Casino Resort and Tribal Governmental Offices; and

WHEREAS, certain Tribal lands have been opened for camping, hunting, trapping, gathering and fishing activities by Tribal members; and

WHEREAS, the Tribal Council has, pursuant to Resolution No. #00-0925-01, authorized the Natural Resource Commission to issue Special Trespass Permits to certain non-members, who are "immediate family" of Tribal Members; and

WHEREAS, the Tribal Council finds that, in absence of a comprehensive system of land-use regulations and controls, there is a need to establish land-use restrictions on Tribal lands, and that a general prohibition of nonmember use of, or access to, Tribal lands, is necessary to protect the public welfare, peace and safety of the Tribe and Tribal members.

NOW THEREFORE BE IT RESOLVED, that the Tribal Council of the Little River Band of Ottawa Indians hereby adopts the following land use regulations for Tribal lands held in trust for, or owned in fee by, the Little River Band of Ottawa Indians:

Designation of "Open" and "Closed"Areas. The following lands held in trust for, or owned in fee by, the Little River Band of Ottawa Indians, are declared to be "Closed" to the general public:
1. All trust and fee-owned lands of the Tribe within Mason County;
2. All trust and fee-owned lands of the Tribe within Brown and Dickson Townships in Manistee County;
3. All trust and fee-owned lands of the Tribe Within Manistee Township and the City of Manistee, with the exception of the following properties:
  1. Little River Casino Resort buildings and parking areas;
  2. Tribal Administrative Offices;
  3. Little River Band Community Center;
  4. Little River Health Center;
  5. National City Bank Building;
  6. Natural Resource Commission/Gaming Commission Offices in Eastlake; and
  7. Pow-Wow Grounds during announced events open to the public.
Authorized Uses by Tribal Members. All "Closed" areas designated in paragraph (a) of this Resolution shall be open to use by Tribal members and "immediate family", as defined in Resolution No. #00-0925-01, for the purpose of camping, hunting, trapping, gathering, fishing and hiking off, provided those persons possess all license(s) and pen-nits required for such activities.
Violation of "Closed "Area Limitations. Any person who is not eligible to possess, and does not possess, a Special Trespass Permit issued under the authority of Resolution No. #00-0925-01, and who enters upon trust or fee-owned lands of the Little River Band of Ottawa that have been declared "Closed" under this Resolution, other than agents, employees or sub-contractors of the Tribe acting in the course of their employment or contractual duties, shall be deemed in a trespass.
Enforcement of "Closed "Areas. In enforcing the prohibition against nonmember use of, or access to, Tribal lands, Tribal Law Enforcement Officers shall provide unauthorized persons with a "written warning" for violations occurring after the effective date of this Resolution. Persons trespassing upon Tribal lands after receiving a "written warning" shall be deemed to have committed an "intentional trespass" and shall be cited for a civil infraction and shall forfeit a minimum of $250.00 and any equipment used in connection with such violation may be subject to forfeiture. The Tribal Prosecutor, or any duly sworn Tribal Law Enforcement Officer, is authorized to commence proceedings on any civil infraction by the issuance of either a citation or a summons and complaint. In either case the initiating papers shall inform the defendant of the requirements of this Resolution and Resolution No. #00-0925-01, the substance of the violation alleged to have occurred, the maximum forfeiture which can be imposed for the violation, and the date, time, and place where he/she is commanded to answer.
Publication of "Closed "Area Limitations. The Tribal Council Recorder and Natural Resource Commission shall publish notice of the general prohibition against nonmember trespass on Tribal lands, together with the penalties prescribed for any trespass, in newspapers of general circulation in Manistee and Mason Counties.
This Resolution shall take immediate effect and shall remain in full force and effect until expressly repealed or modified by subsequent Resolution or Ordinance.
The Tribal Ogema shall be authorized to promulgate any rules and regulations as may be necessary to implement this Resolution.
Severability. If any section, or any part hereof, of this Resolution or application to any party, person or entity in any circumstance shall be held invalid for any reason whatsoever by a court of competent jurisdiction, the remainder of this section or part of this Resolution shall not be affected and shall remain in full force and effect as though no section or part has been declared invalid.

Establishing Interim Land use Restrictions for Tribal Lands, Designating Certain Tribal Lands as "Closed" to Nonmember Use, and Prescribing
Penalties for Violations of That Prohibition
Resolution # 00-1006-01
Adopted - October 6, 2000
Updated: June 6, 2001 (10:36am)