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Mille Lacs Band Statutes Annotated

TITLE 11 - ENVIRONMENT, NATURAL RESOURCES, ANIMALS AND PLANTS

CHAPTER 3

NATURAL RESOURCE PROTECTION CODE


Subchapter
Section
I. General Provisions
2001
II. Fishing
2101
III. Hunting and Trapping
2201
IV. Wild Rice
2301
V. Firewood Harvest
2401
VI. Fires
2501
VII. Enforcement
2601

Historical and Statutory Notes

The Preamble of Band Statute 1162-MLC-50 provides:

"It is enacted by the Band Assembly of the Non-Removable Mille Lacs Band of Chippewa Indians, for the purposes of preserving the political integrity, protecting economic security and promoting the health and welfare of Band members, a Code for the regulation and protection of natural resources which regulate all hunting, trapping, fishing and gathering of wild rice within the territories governed by the Mille Lacs Band and this Code shall be enforced against Band members and others under the jurisdiction of the Band."

Band Statute 1162-MLC-50, §§ 1 and 4.12 provide:

"Section 1. Scope of Amending Provision. Band Statutes 1017-MLC-7, 1030-MLC-7 are hereby repealed in their entirety and replaced by the provisions of this act."

"Section 4.12. Section Headings. Section headings and titles are provided for the convenience of the reader. They are not part of the statute and do not modify the language otherwise stated."

Cross References

Great Lakes Indian Fish and Wildlife Compact, see 25 MLBSA § 101 [Digitizer's note: section not in digital copy] et seq.
Purple loosestrife control, see Nat.Res.Comm. Orders 108-89, 133-90.
Search lights (sky trackers), regulation of use, see Nat.Res.Comm. Order 172-93.
Shoreland area management, see Nat.Res.Comm. Order 170-93.

 

SUBCHAPTER I

GENERAL PROVISIONS

Section
2001. Definitions.
2002. Powers of Commissioner of Natural Resources.
2003. Duties of Commissioner of Natural Resources.
2004. Geographical restriction of regulations.
2005. Off-reservation regulations.
2006. Orphan animals.
2007. Taking for religious or ceremonial purposes.
2008. Medicinal plants.


§ 2001. Definitions

As used in this chapter, the following terms shall have the meanings given to them in this section:

(a) Band Fishing License-shall mean a license issued by the Commissioner of Natural Resources to a member of the Mille Lacs Band of Chippewa, which license authorizes him to fish in accordance with the provisions of this chapter.

(b) Band Hunting License-shall mean a license issued by the Commissioner of Natural Resources to an enrollee of the Mille Lacs Band of Chippewa Indians, which license authorizes him to hunt or trap in accordance with the provisions of this chapter.

(c) Band Ricing License-shall mean a license issued by the Commissioner of Natural Resources to an enrollee of the Mille Lacs Band of Chippewa Indians, which license authorizes him to gather wild rice in accordance with the provisions of this chapter.

(d) Big Game-shall mean deer, bear, elk and moose.

(e) Closed Season-shall mean the period during which protected wild animals may not be taken.

(f) Commercial Fishing Permit-shall mean a permit issued by the Commissioner of Natural Resources to a Mille Lacs Band of Chippewa Indians enrollee under 11 MLBSA § 2114.

(g) Commercial Purposes-shall mean the taking of fish for barter or sale.

(h) Commercial Taking-shall mean the taking of big game, small game or fur bearing animals for the purpose of barter or sale of furs, pelts, hides or the flesh of such animals.

(i) Elderly-Band member or non-Band member who is enrolled in a federally recognized tribe, shall be defined as one who has attained the chronological age of fifty-five (55).

(j) Firearm-shall mean any gun from which a shot or projectile is discharged by means of an explosive, gas or compressed air.

(k) Fur Bearing Animals-shall mean beaver, mink, marten, raccoon, fisher, fox, wolf, muskrat and otter.

(l) Game Fish-shall include brook trout, brown trout, crappie, grayling, lake trout, large mouth bass, muskellunge, northern pike, rainbow trout, rock bass, sauger, small mouth bass, sturgeon, sunfish and walleye.

(m) Migratory Birds-shall mean any bird, whatever its origin and whether or not raised in captivity, which belongs to a species listed in 50 C.F.R. section 10.13, or which is a mutation or a hybrid of any such species, including any part, nest, or egg of any such bird, or any product, whether or not manufactured, which consists or is composed in whole or in part of any such bird or any part, nest or egg thereof.

(n) Mille Lacs Reservation-shall mean all land within the exterior boundary described in the Treaty of 1 855, to wit:

"the following fractional townships, viz: forty-two north, of range twenty-five west; forty-two north, of range twenty-six west; and forty-two and forty-three north, of range twenty-seven west; and also, the three islands in the southern part of Mille Lacs, exterior boundary of Sandy Lake Reservation as described in the Treaty of 1855, all contiguous waters, and all other trust properties under the jurisdiction of the Mille Lacs Band, its enrolled members, and of the Minnesota Chippewa Tribe and delegated to the Non-Removable Mille Lacs Band of Chippewa Indians."

(o) Motor Vehicle-shall mean self-propelled motor driven vehicles.

(p) Non-Band Fishing License-shall mean a license issued by the Commissioner of Natural Resources to any member of a federally recognized Tribe who is not enrolled in the Mille Lacs Band of Chippewa Indians, which license authorizes him to fish in accordance with this chapter.

(q) Non-Band Hunting License-shall mean a license issued by the Commissioner of Natural Resources to any member of a federally recognized Tribe who is not enrolled in the Mille Lacs Band of Chippewa Indians, which license authorizes him to hunt in accordance with this chapter.

(r) Non-Band Ricing License-shall mean a license issued by the Commissioner of Natural Resources to a member of a federally recognized Tribe who is not enrolled in the Mille Lacs Band of Chippewa Indians which license authorizes him to gather wild rice in accordance with chapter:

(s) Non-Game Fish-shall include buffalo fish, burbot, bullheads, carp, catfish, coho, dogfish, gar, quillback, perch, sheephead, suckers, tulibee, and whitefish.

(t) Non-Indian Fishing License-shall mean a license issued by the Commissioner of Natural Resources to anyone who is not eligible for a license under 11 MLBSA § 2101 or 2107, which authorizes such person to fish in accordance with this chapter.

(u) Non-Indian Hunting License-shall mean a license issued by the Commissioner of Natural Resources to anyone who is not eligible for a license under 11 MLBSA § 2201 or 2208, which authorizes such person to hunt in accordance with this chapter.

(v) Non-Indian Ricing License-shall mean a license issued by the Commissioner of Natural Resources to anyone who is not eligible for a license under 11 MLBSA § 2301 or 2303, which authorizes such person to gather wild rice in accordance with this chapter.

(w) Non-Removable or Mille Lacs Band of Chippewa-shall be the duly constituted and successor tribal government of the Mille Lacs Band.

(x) Open Season-shall mean the period during which wild animals may be taken.

(y) Paddy Rice-shall mean that wild rice crop grown in artificially constructed paddies.

(z) Personal Use-shall mean the taking of fish for any purpose other than commercial purposes.

(aa) Possession-shall mean both actual and constructive possession and any control of the things referred to.

(bb) Protected Wild Animals-shall include all wild animals which are accorded some measure of protection in the name or manner of taking.

(cc) Small Game-shall mean all wild animals and birds not defined as big game or fur bearing animals or game or non-game fish.

(dd) Special Permit-shall mean a permit issued by the Commissioner of Natural Resources, or his designee, exempting the recipient from one or more of the regulations contained herein, upon a finding by him that granting of the exemption will not endanger the resource.

(ee) Taking or Hunting-shall include pursuing, shooting, killing, capturing, trapping, snaring and netting wild animals and all lesser acts such as intentionally disturbing, harrying, worrying or placing, setting drawing, using any net, trap or other device to take wild animals, and includes every attempt to take, every act of assistance to any other person in taking or attempting to take wild animals.

(ff) Transport or Transportation-shall mean carrying or moving by any instrumentality, attempting to do so, or accepting or receiving wild animals for transportation or shipment.

(gg) Wild Animals-shall mean all living creatures, not human, wild by nature, endowed with sensation and power of voluntary motion, and includes quadruped, mammals, birds, fish, amphibious reptiles, crustaceans and mollusks.

(hh) Wild Rice-shall mean that rice crop which grows naturally or as a result of reseeding in the natural lakes and waters, including lakes resulting from flood control structures, of the Mille Lacs Band of Chippewa Indians.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 2.

Cross References

Game violations, criminal offenses, see 24 MLBSA § 1256.
"Wetland" defined, see Nat.Res.Comm. Order 162-92.


§ 2002. Powers of Commissioner of Natural Resources

The Commissioner of Natural Resources shall have powers of regulation over all matters of land, air, water, environmental protections and anything and everything related to the conservation and protection of natural resources under the jurisdiction of the Mille Lacs Band of Chippewa Indians.

(a) He shall have power to open and close all seasons for hunting, fishing, trapping, and the gathering of wild rice by the issuance of a Commissioner's order with the concurrence of the Spiritual Advisor on all matters related to his duties.

(b) He shall be responsible for the development of a natural resource management plan and certify to the feasibility of all economic development plans which involve the natural resources with the concurrence of the Spiritual Advisor.

(c) He shall have the power to make any and all regulations for the taking, possession and transportation of wild animals, fish, bird or grain from trust territory under the jurisdiction of the Band.

(d) The Commissioner shall not possess authority over law enforcement officials under the jurisdiction of the Band.

(e) The Commissioner may do all things deemed by him as desirable in the preservation, protection and propagation in their natural state of all desirable species of wild animal, bird, or fish upon the concurrence of the Spiritual Advisor.

(f) The Commissioner shall have the power to acquire through gift, lease, purchase, in the name of the Band, lands or any interest in lands deemed suitable for the future interests of the Band.

(g) He shall have power to negotiate contracts in the furtherance of natural resource development within the jurisdiction of the Band.

(h) He shall have authority to secure funds from the government of the United States or any private foundation for the purpose of fulfilling his legal mandate.

(i) He shall be a member of the Administration Policy Board.

Historical and Statutory Notes

Source:
Band Statute 1162-MLC-50, § 3.

Cross References

Buck hunting season, see 11 MLBSA § 2213.
Commercial fishing regulations, see 11 MLBSA § 2115.
Doe hunting season, see 11 MLBSA § 2212.
Elk or moose season, see 11 MLBSA § 2215.
Fishing seasons, see 11 MLBSA § 2107 et seq.
Fur bearing animal season, see 11 MLBSA § 2216.
Hunting and trapping seasons, generally, see 11 MLBSA § 2228.
Migratory birds, regulatory authority, see 11 MLBSA § 2285.
Off reservation regulations, see 11 MLBSA §§ 2004, 2005.
Small game hunting season, see 11 MLBSA § 2209.


§ 2003. Duties of Commissioner of Natural Resources

The Commissioner of Natural Resources shall perform all duties and responsibilities and shall exercise all authority delegated to him by the Mille Lacs Band of Chippewa Indians by this chapter, including, but not limited to:

(a) Issuance of all Band licenses and permits authorized by this chapter.

(b) Proposal of amendments to this chapter and adoption of additional regulations by Commissioner's Order as found necessary.

(c) Setting of seasons where none are specifically provided, closing or shortening existing seasons when necessary for the preservation of the resource, or extending or opening seasons when it is determined that it will not harm the resource.

(d) Setting limits on the manner or amount of taking of fish, game, or wild rice, when necessary for the conservation of the resource, or altering limits specifically provided by these regulations.

(e) Waiving the fee for issuance of any license or permit authorized by this chapter to elderly Band members and elderly non-Band members who are enrolled in a federally recognized tribe.

(f) Reviewing on an annual basis or more frequently the numbers of each type of permit or license outstanding, with particular emphasis on any commercial permits or specific permits which may be outstanding, to determine whether or not it is in the best interests of conservation to continue such licenses.

(g) Keeping and maintaining an up-to-date and accurate list of all persons to whom each type of permit and license has been issued.

(h) Revocation of any permit or license authorized by these regulations upon conviction of any violation of the Conservation Code of this or any other Minnesota Chippewa Tribe Reservation.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 3.01.


§ 2004. Geographical restriction of regulations

All sections of the Mille Lacs Band Statutes Annotated and all Commissioner's Orders issued thereunder pertaining to fishing, spearing, netting, hunting, trapping, or ricing which do not by their terms apply to the off-reservation ceded territory as described by 2 MLBSA § 107 [Digitizer's note: section not in digital copy], apply only to activities undertaken on the Mille Lacs Reservation as defined by 11 MLBSA § 2001(n).

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 4.60.


§ 2005. Off-reservation regulations

The Commissioner of Natural Resources is delegated the authority to promulgate by Commissioner's Order regulations controlling member fishing, spearing, netting, hunting, trapping, and ricing in the off-reservation territory as described by 2 MLBSA § 107 [Digitizer's note: section not in digital copy].

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50. § 4.61.

Cross References

Migratory bird hunting off reservation, memorandum agreement with U.S. Fish and Wildlife Service, see Nat.Res.Comm. Order 144-90.
Taking fish by angling off of tribal lands, see Nat.Res.Comm. Order 171-93.


§ 2006. Orphan animals

Any live wild animal captured by any person and which is too young, too injured, or too ill to reasonably be expected to survive if left uncared for and which cannot lawfully be killed under this chapter or any Commissioner's Order issued hereunder, shall be deemed to be under the protection of the Band and shall be reported by the finder within 24 hours of capture to the Commissioner of Natural Resources. The Commissioner shall determine the proper disposition of the animal which may include but is not limited to placement with the finder, placement with another individual or agency, return to the wild, or killing.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 13.

Cross References

Possession of live migratory game birds, see 11 MLBSA § 2274.


§ 2007. Taking for religious or ceremonial purposes

Any Band member may apply for a permit, on forms prescribed by the Commissioner of Natural Resources, to take for religious or ceremonial purposes any plant or animal which it would be otherwise unlawful to take under this chapter or any Commissioner's Order issued hereunder. A permit for such taking, specifying the name and other identifying information of the permittee, the species to be taken, the sex of any animal to be taken, the locality where the taking is permitted, the dates upon which the taking is permitted, and other information deemed pertinent by the Commissioner of Natural Resources, may be issued by the Commissioner upon receipt of a completed application form and approval of the Elderly Advisory Board, the Chief Executive of the Band, and the Commissioner. No such permits may be granted if the Elderly Advisory Board determines that no bona fide religious or ceremonial purpose would be served by the taking, if the Chief Executive determines that the general interests of the tribe would be injured by the taking, or if the Commissioner determines that conservation interests would be injured by the taking.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 15.

Cross References

Endangered species, use for religious purposes, see Nat.Res.Comm. Order 84-88.


§ 2008. Medicinal plants

Individual members may take naturally occurring plants for medicinal purposes without a permit.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 15.01.

 

SUBCHAPTER II

FISHING

Section
2101. Band license.
2102. Non-Band license.
2103. Non-Indian license.
2104. License fees.
2105. Minnesota licenses.
2106. Constructive knowledge.
2107. Specific regulations-Fishing for personal use.
2108. Seasons.
2109. Closure.
2110. Rare and endangered species.
2111. Spearing and netting permits.
2112. Minors.
2113. Transportation.
2114. Commercial fishing.
2115. Specific regulations-Commercial fishing.

Cross References

Taking fish by angling off of tribal lands, see Nat. Res. Comm. Order 171-93.


§ 2101. Band license

Every enrollee of the Mille Lacs Band of Chippewa Indians who takes fish within the Mille Lacs Reservation shall have in his or her possession a proper Band fishing license. This license must be in his or her possession whenever taking, possessing or transporting fish within the Reservation and whenever possessing or transporting fish anywhere within the United States, which fish were lawfully taken within the Reservation.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50. § 5.


§ 2102. Non-Band license

If the Commissioner of Natural Resources determines that it is in the best interest of the Mille Lacs Band of Chippewa Indians, it may issue a non-Band fishing license to any enrolled member of a federally recognized Indian tribe who is not enrolled with the Band. Such a permit must be in the possession of any such person who takes fish within the Mille Lacs Reservation or who transports or possesses fish lawfully taken on the Reservation any place within the United States.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 5.01.


§ 2103. Non-Indian license

If the Commissioner of Natural Resources determines that it is in the best interest of the Mille Lacs Band of Chippewa Indians, it may issue non-Indian fishing licenses in numbers determined by him to be suitable. The Commissioner may also, by Commissioner's Order, establish resident and non-resident classes of non-Indian licenses. Any license issued under this section must be in the possession of the person to whom issued when taking fish within the Mille Lacs Reservation or transporting or possessing fish lawfully taken on the Reservation any place within the United States.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 5.02.


§ 2104. License fees

Fees may also be charged by the Commissioner of Natural Resources for the issuance of the permits and licenses required by this statute. The Commissioner of Natural Resources may in his discretion charge a greater fee for a non-Band fishing license than for a Band fishing license. The Commissioner may also in his discretion charge a greater fee for a non-Indian fishing license than for a Band fishing license and may charge different fees and establish different conditions and different numbers of resident and nonresident classes of non-Indian licenses.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 5.03.


§ 2105. Minnesota licenses

No Indian shall be required to purchase or possess a Minnesota fishing license when fishing within the Mille Lacs Reservation or when possessing or transporting fish, lawfully taken within the Reservation, anywhere within the United States.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 5.04.


§ 2106. Constructive knowledge

All rules and regulations relating to the taking, possession or transportation of fish shall be as adopted in this chapter subject to amendment on an annual basis by the Commissioner of Natural Resources and all persons accepting Band, non-Band or non-Indian licenses shall be deemed to know of any such modifications, whether or not the licensee has actual knowledge.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 5.05.


§ 2107. Specific regulations-Fishing for personal use

The following regulations are hereby imposed on the taking for personal use of game and non-game fish:

(a) No fish may be taken by means of explosives, drugs, poisons, lime, medicated bait or other deleterious substances.

(b) There shall be no taking of game fish for any purpose by use of gill nets except where such taking is for personal use.

(c) Game fish season shall be closed between March 31 and the closest Saturday to May 15. No gill nets shall be used during this period for the taking of any fish.

(d) There shall be no netting in rivers or streams or within 500 feet of the mouth of rivers and streams between March 31 and June 15 of each year. There shall also be no netting in areas duly closed by the Commissioner of Natural Resources.

(e) Nets for personal use shall be limited to 100 feet in length per license.

(f) Muskellunge shall not be taken with a spear.

(g) Fish houses must be conspicuously marked with the licensee's name and license number.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 5.06.


§ 2108. Seasons

Seasons for the taking of the various game species of fish may be shortened by the Commissioner of Natural Resources.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 5.07.


§ 2109. Closure

The Commissioner of Natural Resources may in his discretion close specified lakes or spawning areas to all fishing if he determines that further fishing in such lakes or spawning areas will harm the resource, or may close such lakes or spawning areas to fishing for specified species of fish when he determines that such species will be endangered by further taking.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 5.08.


§ 2110. Rare and endangered species

There shall be no taking of any species of fish determined by the Commissioner of Natural Resources to be rare or endangered.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 5.09.

Cross References

Endangered and threatened species, see Nat.Res.Comm. Order 37-86.


§ 2111. Spearing and netting permits

It shall be illegal for any person under the jurisdiction of the Band to participate in fishing, spearing or netting activities at any time without a valid Band permit. It shall be a civil offense for any person, of any age, to participate in any fishing, spearing, or netting activities without a valid Band permit.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 5.10.


§ 2112. Minors

It shall be illegal for any adult under the jurisdiction of the Band over the chronological age of eighteen (18) to engage any person of a lesser chronological age in any fishing, netting, or spearing activity when said minor does not personally possess a valid permit.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 5.11.


§ 2113. Transportation

(a) It shall be illegal for any person under the jurisdiction of the Non-Removable Mille Lacs Band of Chippewa Indians to transport without just cause, by any means, any game fish taken, by any means for the purpose of personal financial gain.

(b) Just cause shall mean a cause outside legal or cultural cause which must be based on reasonable grounds, and these must be a fair and honest cause or reason, regulated by good faith.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 5.12.


§ 2114. Commercial fishing

Fish may not be taken for commercial purposes within the Reservation, provided, that upon proper application the Commissioner of Natural Resources may in his discretion issue a commercial fishing permit for non-game fish species to Band members upon determination that a limited amount of commercial fishing will not harm the resource. The Commissioner of Natural Resources shall strictly regulate the manner of fishing, the type of fish taken, and the amount of the take under such a permit.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 6.


§ 2115. Specific regulations-Commercial fishing

All persons operating under a commercial fishing permit as provided by 11 MLBSA § 2114 shall be subject to the following regulations regarding transportation of fish:

(a) A person operating under a commercial fishing permit shall have in his possession at all times both the commercial fishing permit and his Band fishing license.

(b) All nets used for taking fish must be identified as Indian nets.

(c) Each permittee may use no more than 600 feet of net for commercial purposes.

(d) Any person holding a personal netting license in addition to a commercial permit shall be limited to using a total of 600 feet for all purposes.

(e) All non-game fish taken under the valid commercial fishing permit may be possessed in quantities prescribed in such license and bought, sold, or transported during any season designated by the Commissioner of Natural Resources. Such fish may be frozen or cured during open season, and when so cured or frozen may be transported, bought, or sold at any time.

(f) All live game fish taken incidentally in a commercial fishing operation shall be released immediately to the waters from which taken. All dead or injured game fish may be retained for personal use.

(g) When shipping non-game fish taken under a Band fishing license and commercial fishing permit, the parcel must be plainly marked on the outside stating the name, address, and license number of the shipper and the kind and number of such fish contained in the package. The waybill or receipt issued by any common carrier to a shipper shall specify the pounds and species of such fish so shipped.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 6.01.

 

SUBCHAPTER III

HUNTING AND TRAPPING

Part
Section
A. General Provisions
2201
B. Migratory Birds
2261

 

Part A

General Provisions

Section
2201. Band license.
2202. Non-Band license.
2203. Non-Indian license.
2204. License fees.
2205. Minnesota licenses.
2206. Constructive knowledge.
2207. License required.
2208. Rare and endangered species.
2209. Small game season.
2210. Specified small game bag and possession limits.
2211. Big game bag limits.
2212. Season for does.
2213. Season for bucks.
2214. Deer tags.
2215. Elk and moose.
2216. Season for furbearers.
2217. Furbearer tags.
2218. Shipment of furs.
2219. Personal use of hides or pelts.
2220. Commercial hunting and trapping.
2221. Motor vehicles.
2222. Night hunting; shining.
2223. Populated areas.
2224. Firing down or across roads.
2225. Permit required.
2226. Minors.
2227. Possession of untagged big game.
2228. Hunting and trapping seasons.


§ 2201. Band license

Every enrollee of the Mille Lacs Band of Chippewa Indians who hunts or traps within the Mille Lacs Reservation must have in his or her possession a proper Band hunting license. This license must be in his or her possession at all times when carrying firearms within the Reservation, shooting, trapping or taking within the Reservation any small game, big game or fur bearing animals, or when possessing or transporting any place in the United States any small game, big game or fur bearing animal lawfully taken within the Reservation.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 7.


§ 2202. Non-Band license

If the Commissioner of Natural Resources determines that it is in the best interests of the Mille Lacs Band of Chippewa Indians, he may issue a non-Band hunting license to any Indian enrolled in a federally recognized Tribe who is not enrolled with the Mille Lacs Band. Such license must be in the possession of any such person who carries firearms on the Reservation or who shoots, traps or takes within the Reservation any small game, big game or fur bearing animal or who possesses or transports any place in the United States any small game, big game or fur bearing animal lawfully taken within the Reservation.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 7.01.


§ 2203. Non-Indian license

If the Commissioner of Natural Resources determines that it is in the best interests of the Mille Lacs Band of Chippewa Indians, he may issue non-Indian hunting licenses in numbers determined by him to be suitable. The Commissioner may also, by Commissioner's Order, establish resident and nonresident classes of non-Indian license. Any license issued under this section must be in the possession of the person to whom issued when carrying firearms on the Reservation or when shooting, trapping, or taking within the Reservation any small game, big game or fur bearing animal or when possessing or transporting any place in the United States any small game, big game or fur bearing animal lawfully taken within the Reservation.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 7.02.


§ 2204. License fees

Fees may be charged in the discretion of the Commissioner of Natural Resources for the issuance of licenses required under 11 MLBSA §§ 2201 and 2202. The Commissioner of Natural Resources may charge a higher fee for the issuance of a non-Band license than for a Band hunting license. The Commissioner may also in his discretion charge a greater fee for a non-Indian hunting license than for a Band hunting license and may charge different fees and establish different conditions and different numbers of resident and nonresident classes of non-Indian licenses.

Historical and Statutory Notes

Source:Band Statute 1162-MLC-50, § 7.03.


§ 2205. Minnesota licenses

No Indian shall be required to purchase or possess a Minnesota big game, small game or trapping license when engaged in hunting or trapping of game within the Mille Lacs Reservation or when possessing or transporting game, lawfully taken, anywhere within the United States.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 7.04


§ 2206. Constructive knowledge

All regulations regarding the taking, possessing or transportation of small game, big game and fur bearing animals adopted in this statute are subject to amendment on an annual basis by the Commissioner of Natural Resources and all persons accepting Band, non-Band or non-Indian licenses shall be deemed to know of any such modifications, whether or not the licensee has actual knowledge.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 7.05.


§ 2207. License required

Possession of a valid Band hunting license or non-Band hunting license shall be required for the taking, possession or transportation of all big game, small game and fur bearing animals.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 7.06.


§ 2208. Rare and endangered species

There shall be no taking, possession or transportation whatsoever of bald eagle, elk, golden eagle, timber wolf or any species determined by the Commissioner of Natural Resources to be rare or endangered.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 7.07.

Cross References

Endangered and threatened species, see Nat.Res.Comm. Order 37-86.


§ 2209. Small game season

The small game season shall be September 1 to and including March 1. There shall be no limitation as to the season, number or manner of taking of rabbit or squirrel.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 7.08.


§ 2210. Specified small game bag and possession limits

The taking of ruffed grouse, sharp-tailed grouse and spruce hen shall be limited to six (6) per day per person, and the possession and transportation of these types of small game shall be limited to twelve (12) at any given time.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 7.09.


§ 2211. Big game bag limits

The taking of deer and bear shall be limited to one (1) each per season, provided that a special license may be issued permitting the taking of one (1) additional deer upon a showing that a greater need for sustenance exists.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 8.


§ 2212. Season for does

The season for does shall be within the period of September 1 to January 31, inclusive.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 8.01.


§ 2213. Season for bucks

The season for bucks shall be July 1 to January 31, inclusive.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 8.02.


§ 2214. Deer tags

Each licensee will be furnished with a locking seal which shall be affixed to the deer between the tendon and bone and around the bone of the leg so that such seal cannot be removed without breaking the lock.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 8.03.


§ 2215. Elk and moose

The taking of elk and moose shall not be permitted; however, the Commissioner of Natural Resources may authorize a moose or elk season.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 8.04.


§ 2216. Season for furbearers

The season for the trapping and taking of fur bearing animals shall be October 1 to and including April 30, except the taking of fox, wolves, marten and fisher, which seasons shall be determined annually by the Commissioner of Natural Resources.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 8.05.


§ 2217. Furbearer tags

All fur bearing animals taken pursuant to these regulations and all traps used pursuant to these regulations shall bear the number of the licensee's Band or non-Band hunting license.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 8.06.


§ 2218. Shipment of furs

When shipping furs taken under a Band or non-Band hunting license, the parcel must be plainly marked on the outside stating the name, address and license number of the shipper and kind and number of skins contained in the package. The waybill or receipt issued by any common carrier to a shipper shall specify the number and species of furs so shipped.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 8.07.


§ 2219. Personal use of hides or pelts

Hides or pelts adapted to personal use need not carry the license number of the taker once the adaption is completed.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 8.08.


§ 2220. Commercial hunting and trapping

There shall be no commercial taking of big game, small game or fur bearing animals with the following exceptions, for which no special commercial license is needed other than the Band or non-Band hunting license:

(a) Taking. The skins of all fur bearing animals may be taken commercially according to the regulations of 11 MLBSA §§ 2216 to 2219.

(b) Deer. The hides of deer may be possessed and transported for commercial purposes and when transported or shipped the taker must comply with the regulations set forth in 11 MLBSA § 2218 if otherwise lawfully taken.

(c) Beaver, muskrat, rabbit, raccoon. Beaver, muskrat, rabbit and raccoon may be taken for commercial purposes, and when the flesh of these animals is transported or shipped, the taker must comply with the regulations set forth in 11 MLBSA § 2209.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50. § 9.


§ 2221. Motor vehicles

There shall be no taking of any animal from moving motor vehicles, including snowmobiles.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50. § 10(a).


§ 2222. Night hunting; shining

(a) It shall be illegal for any person under the jurisdiction of the Band to hunt, possess or transport any big or small game, with the exception of raccoon, that is taken at night and with or without the aid of artificial light for the purpose of hunting without just cause. Artificial light shall mean all types of light which is not generated by nature. The hunting technique commonly known as poaching with an artificial light shall be illegal for purposes of this section.

(b) There shall be no taking of big game or small game, except raccoon, with the use of artificial lights.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, §§ 10(b), 10.03.


§ 2223. Populated areas

There shall be no hunting within 500 feet of any public campground during the season within which it is open for public use, or within 500 feet of any occupied dwelling.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 10(c).


§ 2224. Firing down or across roads

There shall be no firing down or across any public road.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 10(d.)


§ 2225. Permit required

It shall be illegal for any person under the jurisdiction of the Band to participate in any hunting activity on trust property under the jurisdiction of the Band without a valid hunting permit. It shall be a civil offense for any person, of any age, to participate in any hunting activity without a valid permit.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 10.01.


§ 2226. Minors

It shall be illegal for any adult under the jurisdiction of the Band, over the chronological age of eighteen (18) to engage any person of a lesser chronological age in any hunting activity when said minor does not personally possess a valid hunting permit.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 10.02.


§ 2227. Possession of untagged big game

It shall be illegal for any person to possess any big game which is not tagged with the official hunting tag of the Band, any other federally recognized Band or Tribe on any trust property under the jurisdiction of the Band.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 10.04.


§ 2228. Hunting and trapping seasons

The Commissioner of Natural Resources, may shorten or lengthen the seasons provided by these regulations, may impose restrictions were none are set forth, or may close and prohibit trapping or hunting of specified species of small game, big game, or fur bearing animals, when he determines that such acts are in the best interests of the resource. The Commissioner of Natural Resources may also impose such other restrictions on manner of taking and bag limits as he deems necessary for preservation of the resource.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 12.

 

Part B

Migratory Birds

Section
2261. Taking, possession, transport and export.
2262. Methods.
2263. Closed season.
2264. Shooting hours.
2265. Daily limit.
2266. Wanton waste of migratory game birds.
2267. Possession prohibited if unlawfully taken.
2268. Possession during closed season.
2269. Possession limit.
2270. Opening day of season.
2271. Field possession limit.
2272. Tagging requirement.
2273. Custody of birds of another.
2274. Possession of live birds.
2275. Termination of possession.
2276. Gift of migratory game birds.
2277. Transportation prohibited if unlawfully taken.
2278. Transportation of birds of another.
2279. Species identification requirement-Transportation.
2280. Marking package or container-Transportation.
2281. Exportation prohibited if unlawfully taken.
2282. Species identification requirement.
2283. Marking package or container-Exportation.
2284. Migratory bird preservation facility.
2285. Annual rules.

Cross References

Memorandum of understanding with US Fish and Wildlife Service on taking of migratory birds see Nat.Res.Comm. Orders 132-90, 152-92, 173-93.
Off-reservation migratory bird hunting, memorandum agreement with US Fish and Wildlife Service, see Nat.Res.Comm. Order 144-90.


§ 2261. Taking, possession, transport and export

Migratory birds may be taken, possessed, transported, and exported only as provided by this chapter and Commissioner's Orders issued hereunto. Migratory birds has the meaning given to it at 11 MLBSA § 2001(m).

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 11.


§ 2262. Methods

Migratory birds on which open seasons are prescribed may be taken by any method except those prohibited in this section. No person shall take migratory game birds:

(a) With a trap, snare, net, rifle, pistol, swivel gun, shotgun larger than 10 gauge, punt gun, battery gun, machine gun, fish hook, poison, drug, explosive, or stupefying substance.

(b) From or by means, aid, or use of a sinkbox or any other type of low floating device, having a depression affording the hunter a means of concealment beneath the surface of the water.

(c) From or by any means, aid, or use of any motor vehicle, motor-driven land conveyance, or aircraft of any kind, except that paraplegics and persons missing one or both legs may take from any stationary motor vehicle or stationary motor-driven land conveyance.

(d) From or by means of any motorboat or other craft having a motor attached, or any sailboat, unless the motor has been completely shut off and/or the sails furled, and its progress therefrom has ceased. Provided that a craft under power may be used to retrieve dead or crippled birds; however, crippled birds may not be shot from such craft under power.

(e) By the use or aid of live birds as decoys; although not limited to, it shall be a violation of this subsection for any person to take migratory waterfowl on an area where tame or captive live ducks or geese are present unless such birds are and have been for a period of 10 consecutive days prior to such taking, confined within an enclosure which substantially reduces the audibility of their calls and totally conceals such birds from the sight of wild migratory waterfowl.

(f) By the use or aid of recorded or electrically amplified bird calls or sounds, or recorded or electrically amplified imitations of bird calls or sounds.

(g) By the aid of baiting or on or over any baited area. As used in this subsection, "baiting" shall mean the placing, exposing, depositing, distributing, or scattering of shelled, shucked, or unshucked corn, wheat or other grain, salt, or other feed so as to constitute for such birds a lure, attraction or enticement to, on, or over any areas where hunters are attempting to take them; and "baited areas" means any area where shelled, shucked, or unshucked, wheat or other grain, salt, or other feed whatsoever capable of luring, attracting, or enticing such birds is directly or indirectly placed, exposed, deposited, distributed, or scattered; and such shall remain a baited area for 10 days following complete removal of all such corn, wheat or other grain, salt, or other feed. However, nothing in this subsection shall prohibit:

(1) The taking of all migratory birds, including waterfowl, on or over standing crops, flooded standing crops (including aquatics), flooded harvested croplands, grain crops properly shocked on the field where grown, or grains found scattered solely as a result of normal agricultural planting or harvesting; and

(2) The taking of all migratory birds, except waterfowl, on or over land where shelled, shucked, or unshucked corn, wheat or other grain, salt, or other feed has been distributed or scattered as the result of bona fide agricultural operations or procedures, or as a result of manipulation of a crop or other feed on the land where grown for wildlife management purposes, provided that manipulation for wildlife purposes does not include the distributing or scattering of grain or other feed once it has been removed from or stored on the field where grown.

(h) As limited to the taking of ducks, geese, swans, and coots, (Fulica americana), while possessing shotshells loaded with shot other than steel shot or such shot approved as nontoxic by the Commissioner of Natural Resources, in any area declared a non-toxic shot zone by the Commissioner of Natural Resources.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 11.01.

Cross References

Steel shot required, see Nat. Res. Comm. Order 31-85.


§ 2263. Closed season

No person shall take migratory birds except during the closed season.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 11.02.


§ 2264. Shooting hours

No person shall take migratory game birds except during the hours open to shooting as prescribed by annual regulations promulgated by the Commissioner of Natural Resources pursuant to 11 MLBSA § 2285.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 11.03.


§ 2265. Daily limit

No person shall take in any one (1) calendar day, more than the daily bag limit or negotiate annually aggregate daily bag limit, whichever applies.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 11.04.


§ 2266. Wanton waste of migratory game birds

No person shall kill or cripple any migratory game bird pursuant to this part without making a reasonable effort to retrieve the bird and retain it in his actual custody at the place where taken or between that place and either:

(a) his automobile or principal means of land transportation; or
(b) his personal abode or temporary or transient place of lodging; or
(c) a migratory bird preservation facility as defined by 11 MLBSA § 2284; or
(d) a post office; or
(e) a common carrier facility.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 11.05.


§ 2267. Possession prohibited if unlawfully taken

No person shall at any time, by any means, or in any manner possessor have in custody any migratory game bird or part thereof taken in violation of any provision of 11 MLBSA § 2262 to 2266 or in violation of any Commissioner's Order issued under 11 MLBSA § 2285.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 11.06.


§ 2268. Possession during closed season

No person shall possess any freshly killed migratory game birds during the closed season.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 11.061.


§ 2269. Possession limit

No person shall possess more migratory game birds taken in the United States than the possession limit or the aggregate possession limit, whichever applies.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 11.062.


§ 2270. Opening day of season

No person on the opening day of the season shall possess any freshly killed migratory game birds in excess of the daily bag limit or aggregate bag limit, whichever applies.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 11.063.


§ 2271. Field possession limit

No person shall possess, have in custody, or transport more than the daily bag limit or aggregate daily bag limit, whichever applies, of migratory game birds, tagged or not tagged, at or between the place where taken and either:

(a) his automobile or principal means of transportation; or

(b) his personal abode or temporary or transient place of lodging; or

(c) a migratory bird preservation facility as defined by 11 MLBSA § 2284; or

(d) a post office; or

(e) a common carrier facility.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 11.064.


§ 2272. Tagging requirement

No person shall put or leave any migratory game birds at any place (other than at his personal abode), or in the custody of another person for picking, cleaning, processing, shipping, transportation, or storage (including temporary storage), or for the purpose of having taxidermy services performed, unless such birds have a tag attached signed by the hunter stating his address, the total number and species of birds, and the date such birds were killed. Migratory game birds being transported in any vehicle as the personal baggage of the processor shall not be considered as being in storage or temporary storage.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 11.065.


§ 2273. Custody of birds of another

No person shall receive or have in custody any migratory game birds belonging to another person unless such birds are tagged as required by 11 MLBSA § 2272.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 11.066.


§ 2274. Possession of live birds

Every migratory game bird wounded by hunting and reduced to possession by the hunter shall be immediately killed and become a part of the daily bag limit. No person shall at any time or by any means possess or transport live migratory game birds taken under authority of this Part, except as provided by 11 MLBSA § 2006.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 11.067.


§ 2275. Termination of possession

Subject to all other requirements of this Part, the possession of birds taken by any hunter shall be deemed to have ceased when such birds have been delivered by him to another person as a gift; or have been delivered by him to a post office, a common carrier, or a migratory bird preservation facility as defined by 11 MLBSA § 2284 and consigned for transport by the Postal Service or a common carrier to some person other than the hunter.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 11.068.


§ 2276. Gift of migratory game birds

No person may receive, possess, or give to another any freshly killed migratory game birds as a gift, except at the personal abode of the donor or donee, unless such birds have a tag attached signed by the hunter who took the birds stating such hunter's address, the total number and species of birds, and the date such birds were taken.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 11.07.


§ 2277. Transportation prohibited if unlawfully taken

No person shall at any time, by any means, or in any manner transport any migratory game bird or part thereof taken in violation of any provision of 11 MLBSA §§ 2262 to 2266, or in violation of any Commissioner's Order issued under 11 MLBSA § 2285.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 11.071.


§ 2278. Transportation of birds of another

No person shall transport migratory game birds belonging to another person unless such birds are tagged as required by 11 MLBSA § 2272.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 11.072.


§ 2279. Species identification requirement-Transportation

No person shall transport within the United States any migratory game birds, except doves and band-tailed pigeons (Columba fasciata), unless the head or one fully feathered wing remains attached to each such bird at all times while being transported from the place where taken until they have arrived at the personal abode of the possessor or a migratory bird preservation facility.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50 § 11.073.


§ 2280. Marking package or container-Transportation

No person shall transport by the Postal Service or a common carrier migratory game birds unless the package or container in which such birds are transported has the name and address of the shipper and the consignee, and an accurate statement of the numbers of each species of birds therein contained clearly and conspicuously marked on the outside thereof

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 11.074.


§ 2281. Exportation prohibited if unlawfully taken

No person shall at any time, by any means, or in any manner export or cause to be exported any migratory game bird or part thereof taken in violation of any provision of 11 MLBSA §§ 2262 to 2266, or in violation of any Commissioner's Order issued under 11 MLBSA § 2285.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 11.08.


§ 2282. Species identification requirement

No person shall export migratory game birds unless one fully feathered wing remains attached to each such bird while being transported from the United States and/or any of its possessions to any foreign country.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 11.081.


§ 2283. Marking package or container-Exportation

No person shall export migratory game birds via the Postal Service or common carrier unless the package or container has the name and address of the shipper and the consignee, and an accurate statement of the number of each species of birds therein contained clearly and conspicuously marked on the outside thereof.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 11.082.


§ 2284. Migratory bird preservation facility

"Migratory Bird Preservation Facility" means:

(a) Any person who, at his residence or place of business and for hire or other consideration; or

(b) Any taxidermist, cold-storage facility or locker plant which for hire or other consideration; or

(c) Any hunting club which, in the normal course of operations, receives, possesses, or has in custody any migratory game birds belonging to another person for purposes of picking, cleaning, freezing, processing, storing, or shipping.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 11.09.


§ 2285. Annual rules

The Commissioner of Natural Resources is delegated the authority to promulgate annual rules pertaining to seasons, bag limits, possession limits, and hunting hours for the on-reservation migratory bird season and the off-reservation migratory bird season in the territories defined by 2 MLBSA § 107 [Digitizer's note: section not in digital copy].

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 11.10.

 

SUBCHAPTER IV

WILD RICE

Section
2301. Band license.
2302. Non-Band license.
2303. Non-Indian license.
2304. License required.
2305. License fees.
2306. Regulations.
2307. Determination and posting of season.
2308. Watercraft and flails.
2309. Poles.
2310. Paddy rice.
2311. Constructive knowledge.

Cross References

Explosives, use to remove obstructions to water flow on wild rice beds, see Nat. Res. Comm. Order 56-87.


§ 2301. Band license

Every enrollee of the Mille Lacs Band of Chippewa Indians who harvests wild rice within the Mille Lacs Reservation shall have in his or her possession a proper Band ricing license. This license must be in his or her possession whenever harvesting, possessing or transporting wild rice within the Reservation and whenever possessing or transporting wild rice anywhere within the United States, when such wild rice was lawfully harvested within the Reservation.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, §14.


§ 2302. Non-Band license

If the Commissioner of Natural Resources determines that it is in the best interests of the Mille Lacs Band of Chippewa Indians, he may issue a non-Band ricing license to any enrolled member of a federally recognized Tribe who is not enrolled with the Mille Lacs Reservation.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 14.01.


§ 2303. Non-Indian license

If the Commissioner of Natural Resources determines that it is in the best interests of the Mille Lacs Band of Chippewa Indians, he may issue non-Indian ricing license in numbers determined by him to be suitable. The Commissioner may also, by Commissioner's Order, establish resident or nonresident classes of non-Indian licenses. Any license issued under this section must be in the possession of the person to whom issued when gathering wild rice on the Mille Lacs Reservation.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 14.02.


2304. License required

Every Indian who gathers wild rice within the Mille Lacs Reservation must have in his possession a proper ricing license.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 14.03.


§ 2305. License fees

Fees may be charged in the discretion of the Commissioner of Natural Resources for the issuance of ricing licenses. The Commissioner of Natural Resources may in his discretion charge a greater fee for a non-Band ricing license than for a Band ricing license. The Commissioner may also charge a greater fee for a non-Indian ricing license than for a Band license and may charge different fees and establish different conditions and different numbers of resident and nonresident classes of non-Indian licenses.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 14.04.


§ 2306. Regulations

All regulations regarding the gathering of wild rice shall be as adopted in this chapter, subject to amendment on a annual basis by the Commissioner of Natural Resources, and subject to the power of the Commissioner of Natural Resources, or his agents, to regulate opening and closing of particular beds.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 14.05.


§ 2307. Determination and posting of season

The Commissioner of Natural Resources shall determine each year, and shall post notices announcing, the season for the harvest of wild rice that year and the length of time per day during which wild rice may be harvested.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 14.06.


§ 2308. Watercraft and flails

No watercraft may be used for the harvest of wild rice other than a boat, skiff or canoe propelled by hand, which boat, skiff or canoe may have a top width of not more than 36 inches and a length of not more than 18 feet, nor may any machine or device be used for the harvest of wild rice other than a flail not more than 30 inches in length, nor more than one (1) pound in weight, which flail must be held and operated by hand.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 14.07.

Cross References

Watercraft, see 20 MLBSA § 1 et seq.


§ 2309. Poles

No pole may be used for propelling any watercraft utilized for the gathering of wild rice unless such pole is forked at the end, with each branch less than 12 inches in length.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 14.08.


§ 2310. Paddy rice

None of the provisions of this subchapter shall apply to the gathering of paddy rice.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 14.09.


§ 2311. Constructive knowledge

All rules and regulations relating to the harvest of wild rice shall be as adopted in this chapter, subject to amendment on an annual basis by the Commissioner of Natural Resources, and all persons accepting Band, non-Band, or non-Indian licenses shall be deemed to know of any such modifications, whether or not the licensee has actual knowledge.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 14.10.


SUBCHAPTER V

FIREWOOD HARVEST

Section
2401. Definitions.
2402. Permit requirement.
2403. Prohibited acts.
2404. Cutting or maiming wood.
2405. Duties of Bureau of Indian Affairs.
2406. Duties of tribal members.
2407. Permits for firewood harvest.
2408. Fees.
2409. Natural Resource Officer powers; confiscation.
2410. Failure to comply with directives.
2411. Unauthorized removal of wood.
2412. Jurisdiction.
2413. Penalties.

Cross References

Forestry, policy, goals and standards, see 11 MLBSA §§ 126, 127.


§ 2401. Definitions

The Band Assembly hereby defines the following terms as related to this chapter:

(a) Firewood Harvest Permit. Shall mean a license issued by the Natural Resource Office or Clerk of Court which authorizes an enrolled member to cut trees and stumps in accordance with this chapter.

(b) Identified or Marked Trees. Shall mean any and all trees marked for cutting with yellow paint.

(c) Live Trees. Shall mean trees that are standing, bearing fruit or blossoms,or green leaves; whatever the tree species may be.

(d) Salvage Trees/Dead or Down Trees. Shall mean any and all trees that are damaged or blown down.

(e) Slash/Tops. Shall mean the branch extensions from a tree.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 22.


§ 2402. Permit requirement

Any enrolled member of the Minnesota Chippewa Tribe may harvest any species of tree provided he has a valid wood-cutting permit in his possession which designates the type of wood product to be cut and the legal cord amount authorized.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 16.


§ 2403. Prohibited acts

No enrolled member of the Minnesota Chippewa Tribe shall:

(a) cut any unmarked species of wood product for firewood,

(b) leave any stump that exceeds twelve inches in height from ground-base to top level of stump, unless provided for by permit,

(c) leave tops which lie greater than four feet from the ground,

(d) cut any species of wood for firewood purposes that is outside of the exterior boundaries of the permit's applicability,

(e) leave any marked tree uncut and unfelled completely to the ground, or

(f) be wasteful or misuse any species of wood or stumpage.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 16.01.


§ 2404. Cutting or maiming wood

No enrolled member of the Minnesota Chippewa Tribe shall cut, maim or do anything which hinders the normal natural development of any species of wood while engaged in firewood harvest activity on tribal or Band trust property.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 16.02.


§ 2405. Duties of Bureau of Indian Affairs

(a) It shall be the jurisdiction of the Natural Resources section of the Minnesota Agency in consultation with the Band to designate any trust properties as eligible for harvestation. The Minnesota Agency shall be additionally responsible for identifying all species of trees for harvestation.

(b) The Minnesota Agency of the Bureau of Indian Affairs shall recommend to the Band the amount of fees which may be charged by the Band for each cord of wood depending upon the species which is to be harvested.

 

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 17.


§ 2406. Duties of tribal members

(a) Each member of the Minnesota Chippewa Tribe who is issued a permit to harvest firewood shall not harvest or deface any unmarked or unidentified trees lest he be liable for payment of three times the value of each tree harvested or defaced.

(b) Each member of the Minnesota Chippewa Tribe who is issued a permit to harvest firewood shall be responsible for keeping all roads to the harvest site open and maintained in good condition.

(c) Each member of the Minnesota Chippewa Tribe who is issued a permit to harvest firewood shall be responsible for providing his own labor, equipment (suitable cutting tools include chainsaws, axes, and other hand tools), supplies, transportation, supervision and incidentals necessary to perform the work.

(d) Each member of the Minnesota Chippewa Tribe who is issued a permit to harvest firewood shall agree to indemnify and save and hold the Band harmless from any and all claims or causes of action relating to personal injury, death or damage to property arising from performance of the terms of the permit.

(f) Each member of the Minnesota Chippewa Tribe who is issued a permit to harvest firewood shall possess salvage rights during the term of his permit on those lots he is permitted to harvest. All salvage felled trees shall be removed before each permit expires.

 

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 18.


§ 2407. Permits for firewood harvest

(a) Any Natural Resource Officer or the Clerk of Court shall be authorized to issue to any enrolled member of the Minnesota Chippewa Tribe a permit to harvest firewood in accordance with the provisions of Band law.

(b) Each permit issued shall expire thirty days from the date of issuance. Each tribal member shall be eligible to renew an expired permit for an additional fifteen days provided weather conditions hampered his attempts to harvest firewood.

(c) All permits shall expire on the required delivery date stated upon any contractual agreement between the Band and the Bureau of Indian Affairs.

(d) Each wood cutting permit issued to a member of the Minnesota Chippewa Tribe shall state what species of tree is authorized for cutting, whether live and/or dead trees are authorized for cutting, and the area of land where cutting shall be authorized.

 

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 19.


§ 2408. Fees

The Band Assembly hereby establishes the personal use fee for a firewood harvest permit as five dollars ($5.00). A vendor permit fee of twenty-five dollars ($25.00) shall be charged for firewood harvest. Additionally, a fee of five dollars ($5.00) is hereby established for each cord of wood harvested under a vendor's permit.

 

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 23.


§ 2409. Natural Resource Officer powers; confiscation

The Natural Resource Officer of the Band shall be authorized to monitor for compliance all provisions of this subchapter. He shall be empowered to issue citations for violations of this subchapter and confiscate property of any enrolled member for failure to comply with any legal desist order of the Natural Resource Officer for violations of law. Any confiscated property shall be held by the Band until the Court of Central Jurisdiction has issued a legal decision on the matter.

 

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 20.


§ 2410. Failure to comply with directives

Any enrolled member who is issued a permit to harvest firewood who fails to comply with a legal directive of the Natural Resource Officer shall after legal hearing before the Court of Central Jurisdiction have his permit revoked and/or be levied a fine not to exceed five hundred dollars ($500.00) and/or be banished from harvesting firewood for a period not to exceed two normal harvesting seasons.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 20.01.


§ 2411. Unauthorized removal of wood

Any person who removes any species of wood without a valid permit shall be liable for a fine of three times the value of the wood. Said wood is hereby established as eighty dollars ($80.00) per cord.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 24.


§ 2412. Jurisdiction

The Court of Central Jurisdiction shall have jurisdiction over all legal matters involved with this subchapter.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 21.

Cross References

Natural Resource Protection Code, jurisdiction, see 11 MLBSA § 2601.
Subject-matter jurisdiction, Court of Central Jurisdiction, see 5 MLBSA § 111.


§ 2413. Penalties

The Court of Central Jurisdiction shall be authorized to issue any or all of the following punitive measures for violation(s) of provisions of this subchapter: probation, revocation of permit, fines-not to exceed five hundred dollars ($500.00), banishment from harvestation with any eligible trust property, and confiscation of woodcutting equipment to include chainsaws, axes and other hand tools and cutting supplies.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 21.01.

 

SUBCHAPTER VI

FIRES

Section
2501. Starting fires.
2502. Exemptions.
2503. Camp fires.
2504. Permission to start fires.
2505. Failure to perform duty.
2506. Duty to report unauthorized fire.

Cross References

Open fire and backfire regulations, see Nat.Res.Comm. Order 12-84.


§ 2501. Starting fires

Except as provided in 11 MLBSA § 2502, any person who shall, when the ground is not snow-covered, in any place where there are standing or growing native coniferous trees, or in areas of ground from which natural coniferous trees have been cut, or where there are slashings of such trees, or native brush, timber, slashing thereof, or excavated stumps, or where there is peat or peat roots excavated or growing, start or have any open fire without the written permission of the Commissioner of Natural Resources shall be subject to a forfeiture of $20.00.

 

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 25.


§ 2502. Exemptions

No permit is required for the following open fires:

(a) A cooking, singeing, poaching, boiling sap, or warming fire contained in a fireplace, firering, charcoal grill, portable gas or liquid fueled camp stove or other similar container or device designed for the purpose of cooking or heating, or if the area within a radius of five feet of the fire is reasonably clear of all combustible material.

(b) The burning of grass, leaves, rubbish, garbage, branches, and similar combustible material in an approved incinerator. An approved incinerator shall be constructed of fire resistant material, have a capacity of at least three bushels, be maintained with minimum burning capacity of at least two bushels, and have a cover which is closed when in use and openings in the top or sides of one inch maximum diameter. No combustible material shall be nearer than three feet to the burner or incinerator when in use.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 25.01.


§ 2503. Camp fires

Every person who when the ground is not covered with snow starts a fire in the vicinity of forest or prairie land shall exercise every reasonable precaution to prevent the fire from spreading and shall before lighting the same clear the ground of all branches, brushwood, dry leaves, and other combustible material within a radius of five feet from the fire, and keep the fire under immediate personal supervision and control at all times, and carefully extinguish the fire before quitting the place. Any person who fails to comply with any provision of this section shall be subject to a forfeiture not to exceed $20.00.

 

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 25.02.


§ 2504. Permission to start fires

Permission to set fire to any grass, stubble, peat, brush, raking of leaves, rubbish, garbage, branches, slashing or woods for the purpose of cleanup, clearing and improving land or preventing other fires shall be given whenever the same may be safely burned upon such reasonable conditions and restrictions as the Commissioner of Natural Resources may prescribe to prevent same from spreading and getting beyond control. This permission shall be in the form of a written permit signed by the Commissioner or his designee, these permits to be on forms furnished by the Commissioner. Any person setting any fire or burning anything under such permit shall keep the permit in immediate possession while so engaged and produce and exhibit the permit to any conservation or law enforcement officer when requested to do so.

 

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 25.03.


§ 2505. Failure to perform duty

Every person who shall kindle a fire on or near forest, brush, or prairie land and leave it unquenched, or be a party thereto, or who shall set fire to brush, stumps, dry grass, field stubble, leaves, peat, rubbish, garbage, branches and slashings, or other material, and fail to extinguish the same before it has endangered the property of another; every person who shall negligently or carelessly set on fire, or cause to be set on fire, any woods, prairie, or other combustible material, whether on his own land or not, by means whereof the property of another shall be endangered, or who shall negligently suffer any fire upon his own lands to extend beyond the limits thereof; every person who shall use other than incombustible wads for firearms, or carry a naked torch, firebrand, or exposed light in or near forest land, or who, upon any such land or in the vicinity thereof, or on or along any public, tribal, or private road, trail path, railroad right of way or roadbed, or other public, tribal or private way of any kind running over, along or in the vicinity of any such land, shall throw or drop any burning match, ashes of pipe, lighted cigar, or cigarette, or any other burning substance, and who fails to extinguish the same immediately; every person who drives upon or over forest lands in a motor vehicle with an open cutout or without a muffler on the exhaust pipe; and every person who operates a tractor, chainsaw, steam or internal combustion engine in forested areas not equipped to prevent fires, shall be subject to a forfeiture not to exceed $5,000.00.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 25.04.


§ 2506. Duty to report unauthorized fire

The occupant of any premises upon which any unauthorized fire is burning in the vicinity of forest lands, whether the fire was started by the occupant or otherwise, shall promptly report the fire to the Commissioner of Natural Resources, or to the nearest tribal or state forest officer, fire warden, conservation officer or law enforcement officer. Failure to make this report shall be deemed a violation of 11 MLBSA § 2505, and the occupant of the premises shall be deemed prima facie guilty of negligence if the unreported fire spreads from the premises to the damage, loss, or injury of the tribe or any person.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 25.01(c).

 

SUBCHAPTER VII

ENFORCEMENT

Section
2601. Jurisdiction.
2602. Citation.
2603. Service of process and arrest.
2604. Notice to appear.
2605. Power of Natural Resource Officers.
2606. Searches.
2607. Inspection of premises.
2608. Seizure.
2609. Resisting or obstructing Natural Resource Officer.
2610. Witnesses to violation.
2611. Anonymity of persons reporting violations.
2612. Penalties.
2613. Trespass.
2614. Implied consent to seizure and confiscation.
2615. Use of motor vehicles and other equipment to commit violations prohibited.
2616. Possession of animals or wild rice taken in violation of this chapter.
2617. Adoption of 18 U.S.C. Sections 1160, 1164, and 1165.
2618. Property damaged in committing offense.
2619. Destroying boundary and warning signs.
2620. Hunting, trapping or fishing on Indian lands.
2621. Institution of civil forfeiture proceedings.
2622. Forfeitures.

Cross References

Juvenile delinquency, violations heard in Criminal Division, see 24 MLBSA § 4305.
Motor vehicles, police powers, see 19 MLBSA § 501 et seq.
Warrant, summons and arrest, see 24 MLBSA § 4101 et seq.


§ 2601. Jurisdiction

The Court of Central Jurisdiction shall have jurisdiction of all matters arising under this chapter.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 4.

Cross References

Firewood harvest, jurisdiction, see 11 MLBSA § 2412.
Subject-matter jurisdiction, Court of Central Jurisdiction, see 5 MLBSA § 111.


§ 2602. Citation

Any officially recognized and sworn Natural Resource Officer of the Mille Lacs Band of Chippewa Indians shall issue a citation to each and every individual person, regardless of chronological age, who is observed in activities which are in civil violation or suspected civil violation of any section of this chapter.

 

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 4.02.


§ 2603. Service of process and arrest

Any duly sworn Natural Resource Officer of the Non-Removable Mille Lacs Band of Chippewa Indians is hereby authorized and empowered to execute and serve all warrants and processes issued by any justice of the Court of Central Jurisdiction under any law of the Non-Removable Mille Lacs Band of Chippewa Indians. Any Natural Resource Officer may arrest without a warrant any person under the jurisdiction of the Band detected in the actual violation of any provisions of Band law, and to take such person before the Court of Central Jurisdiction and make a proper complaint.

 

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 4.03.


§ 2604. Notice to appear

When a person is arrested for any violation of law which is punishable as a civil misdemeanor and is not taken into custody and immediately taken before the Court, the arresting officer shall prepare, in quadruplicate, written notice to appear before the Court. This notice has the effect of, and serves as, a summons and complaint. Said notice shall conform with applicable provisions of the United States Code of Federal Regulations, United States Department of Interior, Title 25-Indians. In order to secure release, without being taken into custody and immediately taken before the Court, the arrested person must give his written promise so to appear before the Court by signing, in quadruplicate, a written notice prepared by the arresting officer. The officer shall retain the original of the notice and deliver the copy thereof marked "summons to the person arrested. Thereupon the officer shall release the person from custody. If the person so summoned fails to appear on the return day, the Court shall issue a warrant for his arrest, and upon his arrest proceedings shall be had as in any other case.

 

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 4.04.


§ 2605. Power of Natural Resource Officers

Any duly sworn Natural Resource Officer is hereby authorized and empowered to enter upon any trust land within the jurisdiction of the Band for the purpose of carrying out the duties and functions of his office, or to make investigations of any violation of the Band's game and fish laws, and in aid thereof to take affidavits upon oath administered by him, and to cause proceedings to be instituted if proofs at hand warrant it.

 

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 4.05.


§ 2606. Searches

Any sworn Natural Resource Officer of the Non-Removable Mille Lacs Band of Chippewa Indians is hereby authorized and empowered to enter and inspect any commercial building located on trust property of the Band for the purpose of determining whether wild animals are kept or stored therein in violation of this chapter. He shall have power to inspect and examine the books and records of all persons, or businesses, or corporations which he has reason to believe has violated the laws relating to game or fish. He shall have power to enter and examine all camps, vessels, boats, wagons, automobiles, airplanes, or other vehicles, cars, stages, tents, suitcases, valises, packages, crates, boxes, and other receptacles and places where he has reason to believe wild animals unlawfully taken or possessed are to be found.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 4.06.

Cross References

Unreasonable search and seizure, see 1 MLBSA § 2.


§ 2607. Inspection of premises

Any duly sworn Natural Resource Officer of the Non-Removable Mille Lacs Band of Chippewa Indians is hereby authorized and empowered to enter and inspect at all reasonable times the premises whereon is being conducted any business or activity requiring a license under this chapter.

 

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 4.07.

Cross References

Unreasonable search or seizure, see 1 MLBSA § 2.


§ 2608. Seizure

Any duly sworn Natural Resource Officer of the Non-Removable Mille Lacs Band of Chippewa Indians is hereby authorized and empowered to seize and confiscate in the name of the Band, any wild animals or wild rice taken, bought, sold, transported, or possessed in violation of this conservation code and to seize and confiscate in the name of the Band any and all equipment used by any person in the unlawful taking or transporting of said wild animals or wild rice and any evidence of any violation of any provision of this Chapter or of Commissioner's Order issued thereunder. Anything seized or confiscated shall be held by the Band until proper determination of the case by the Court of Central Jurisdiction is finalized.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, §§ 4.08, 30.

Cross References

Unreasonable search or seizure, see 1 MLBSA § 2.


§ 2609. Resisting or obstructing Natural Resource Officer

It shall be illegal for any person under the jurisdiction of the Band to willfully hinder, resist, or obstruct a duly sworn Natural Resource Officer in the performance of his official duty, or refuse to submit anything called for by him for his inspection.

 

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50 § 4.09.


§ 2610. Witnesses to violation

Any person who is aware of or witnesses a violation of this chapter, or of any rule established by the Commissioner of Natural Resources regarding season limit, bag limit or restriction on method or manner of taking game, fish or wild rice, may report such infraction to the Commissioner of Natural Resources, the Natural Resource Officer or the Court of Central Jurisdiction.

 

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 4.10.


§ 2611. Anonymity of persons reporting violations

Any person under the jurisdiction of the Band who reports a violation of this chapter may do so anonymously. No person who reports a violation in person shall be compelled to appear in the Court of Central Jurisdiction as a witness. No justice of the Court of Central Jurisdiction shall compel any officer of the Band to reveal the name of said person as a matter of court record.

 

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 4.11.


§ 2612. Penalties

Any person who violates any provision of 11 MLBSA §§ 2101 to 2310 shall be subject to a forfeiture not to exceed $5,000.00, and a revocation of any license or permit held under this chapter.

 

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 4.01.


§ 2613. Trespass

Any person who is not eligible for a Band fishing, hunting, or ricing license, and who enters upon the trust properties of the Mille Lacs Band, of its enrolled members, or of the Minnesota Chippewa Tribe delegated to the Mille Lacs Band of Chippewa Indians, for the purpose of fishing, hunting, or gathering wild rice, shall be deemed in trespass and subject to a forfeiture not to exceed $1,000.00. It shall be a defense to any action brought under this section that the person charged with its violation had at the time and in his possession a license validly issued under this chapter, authorizing the activity in which he was engaged.

 

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 4.50.


§ 2614. Implied consent to seizure and confiscation

Any person not eligible for a Band fishing, hunting, or ricing license, and who enters upon the trust properties of the Mille Lacs Band, its enrolled members, or the Minnesota Chippewa Tribe delegated to the Mille Lacs Band of Chippewa Indians, for the purposes of fishing, hunting, or gathering wild rice, thereby impliedly gives consent to the seizure and forfeiture of any property used in the in the commission of any violation of this chapter or of any Commissioner's Order issued thereunder and of any wild animals or wild rice taken or possessed in violation of this chapter or any Commissioner's Order issued thereunder, and such property, wild animals, or wild rice may be seized as provided in 11 MLBSA § 2608. Such consent may be withdrawn but only after any property, wild animals or wild rice subject to seizure and forfeiture has been inventoried by a Natural Resource officer of the Band.

 

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 26.


§ 2615. Use of motor vehicles and other equipment to commit violations prohibited

(a) The use of any vehicle, as defined by 19 MLBSA § 2; any firearm, as defined by 11 MLBSA § 2001; any boat, including motor, oars, paddles, and sails; any bow; arrow; spear; net; fishing rod; fishing tackle; trap; or snare to violate or to facilitate the violation of any provision of this chapter or any Commissioner's Order issued thereunder is a violation subject to a forfeiture of $300.00.

(b) An element of the Band's proof upon the trial of any violation of this section shall be the production of the equipment allegedly used in the violation.

(c) Any evidence seized pursuant to section may be released to the defendant prior to trial upon a showing of hardship to the defendant's posting of bond or other security will be forfeited upon failure of the defendant to appear or to produce the evidence.

(d) Any bond or security posted by the defendant pursuant to subsection (c) of this section shall be returned to defendant after trial if defendant has produced the evidence, provided that the bond or security may be used to set off any other obligations then owing the Band by the defendant.

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 27.


§ 2616. Possession of animals or wild rice taken in violation of this chapter.

(a) The possession of any animal or part thereof or wild rice taken in violation of any provision of this chapter or of any Commissioner's Order issued thereunder is a violation subject to a forfeiture of $300.00.

(b) An element of the Band's proof upon the trial of any violation of this section shall be the production of the animal or part thereof or wild rice allegedly taken in violation.

(c) Any evidence seized pursuant to 11 MLBSA § 2608 which is not held for forfeiture shall be released to the defendant upon dismissal of a complaint or citation under this section or a finding of no violation, except that any evidence seized may be used to set off any other obligations then owing the Band by the defendant.

 

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 28.


§ 2617. Adoption of 18 U.S.C. Sections 1160, 1164, and 1165

The provisions of 18 U.S.C. Sections 1160, 1164, and 1165 are adopted as Band Law. The rights expressly or impliedly granted therein are made enforceable in tribal court. Any duly sworn Natural Resource Officer of the Band may exercise enforcement powers, including the right to seize, in all cases of violation of such provisions. The appropriate Band legal officer shall subsequent to the citation of any person or the seizure of any item determine whether to refer the matter to federal authorities for prosecution, to commence proceedings under Band law, to do both or to decline all further proceedings.

 

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 29.

18 USCA. §§ 1160, 1164 and 1165 (as amended to April 17, 1995) provide:

"§ 1160. Property damaged in committing offense

"Whenever a non-Indian, in the commission of an offense within the Indian country takes, injures or destroys the property of any friendly Indian the judgment of conviction shall include a sentence that the defendant pay to the Indian owner a sum equal to twice the just value of the property so taken, injured, or destroyed.

"If such offender shall be unable to pay a sum at least equal to the just value or amount, whatever such payment shall fall short of the same shall be paid out of the Treasury of the United States. If such offender cannot be apprehended and brought to trial, the amount of such property shall be paid out of the Treasury. But no Indian shall be entitled to any payment out of the Treasury of the United States, for any such property, if he, or any of the nation to which he belongs, have sought private revenge, or have attempted to obtain satisfaction by any force or violence."

"§ 1164. Destroying boundary and warning signs

"Whoever willfully destroys, defaces, or removes any sign erected by an Indian tribe, or a Government agency (1) to indicate the boundary of an Indian reservation or of any Indian country as defined in section 1151 of this title or (2) to give notice that hunting, trapping, or fishing is not permitted thereon without lawful authority or permission, shall be fined under this title or imprisoned not more than six months, or both.

"§ 1165. Hunting, trapping, or fishing on Indian land

"Whoever, without lawful authority or permission, willfully and knowingly goes upon any land that belongs to any Indian or Indian tribe, band, or group and either are held by the United States in trust or are subject to a restriction against alienation imposed by the United States, or upon any lands of the United States that are reserved for Indian use, for the purpose of hunting, trapping, or fishing thereon, or for the removal of game, peltries, or fish therefrom, shall be fined under this title or imprisoned not more than ninety days, or both, and all game, fish, and peltries in his possession shall be forfeited."

See 11 MLBSA §§ 2618 to 2620.


§ 2618. Property damaged in committing offense

Whenever a white person, in the commission of an offense within the Indian country takes, injures or destroys the property of any friendly Indian the judgment shall include a provision that the defendant pay to the Indian owner a sum to twice the just value of the property so taken, injured, or destroyed.

 

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 29.01.


§ 2619. Destroying boundary and warning signs

Whoever willfully destroys, defaces, or removes any sign erected by a Mille Lacs Band, or a Government agency (a) to indicate the boundary of an Indian Reservation or of any Indian country as defined in section 1151 of title 18, United States Code or (b) to give notice that hunting, trapping, or fishing is not permitted thereon without lawful authority or permission, shall forfeit not more than $250.00.

 

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 29.02.


§ 2620. Hunting, trapping or fishing on Indian lands

Whoever, without lawful authority or permission, willfully and knowingly goes upon any land that belongs to any Indian or Indian tribe, band, or group and either are held by the United States in trust or are subject to a restriction against alienation imposed by the United States, or upon any lands of the United States that are reserved for Indian use, for the purpose of hunting, trapping, or fishing thereon, or for the removal of game, peltries, or fish shall forfeit not more than $250 and all game, fish, and peltries in his possession shall be forfeited.

 

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 29.03.


§ 2621. Institution of civil forfeiture proceedings

The appropriate legal officer of the Mille Lacs Band of Chippewa Indians or any duly sworn Natural Resource Officer of the band is authorized to commence proceedings on any violation of any provision of this chapter or of any Commissioner's Order for which a civil forfeiture is prescribed by the issuance of either a citation or a summons and complaint. In either case the initiating papers shall inform the defendant of the section number and substance of the violation is alleged to have occurred, the maximum forfeiture which can be imposed for the violation, and the date, time, and place where he is commanded to answer. In any case where property, animals, or wild rice has been seized, a receipt therefore shall be given the defendant if practicable.

 

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 31.


§ 2622. Forfeitures

In addition to any money forfeiture imposed by the Court of Central Jurisdiction for violation of any provision of this chapter or any Commissioner's Order issued thereunder, the Court may order forfeited any animal, animal part, or wild rice taken in the commission of such violation. Anything so forfeited shall be disposed of by the Court of Central Jurisdiction for the benefit of the Mille Lacs Band of Chippewa Indians.

 

Historical and Statutory Notes

Source: Band Statute 1162-MLC-50, § 32.

 

CHAPTER 4

DOMESTIC ANIMALS


SUBCHAPTER I

DANGEROUS DOGS


Ordinance 28-03

An Ordinance providing for the safety of the Mille Lacs Band of Ojibwe Indians in regard to the dog population on Band lands through the amendment of the Domestic Animals Act.

The District I Representative introduced the following Bill on the 11th day of June, 2003.

11 MLBSA CHAPTER 4
DOMESTIC ANIMALS
Subchapter 1

DOG ORDINANCE

The prior 11 MLBSA Chapter 4, Sections 3001 through 3009 is hereby repealed in its entirety and replaced by this Ordinance.

PREAMBLE: The Mille Lacs Band of Ojibwe Indians recognizes that there is a large population of dogs on Band Lands, which pose a risk to public safety. The Band Assembly hereby enacts a Dog Ordinance to contain the dog population and to protect public safety on Band Lands. In furtherance of this law, the Mille Lacs Band of Ojibwe Indians encourages Band Members and other persons residing on Band Lands to have their dogs either spayed or neutered at the earliest appropriate age of the animal.


§ 3001. Definitions.

For the purpose of this Ordinance:

(a) Abandoned means a dog which has been dumped, dropped off, or the control and care of which has been given up by any person with the intent to abandon the dog.

(b) Band Lands means lands owned by or held in trust for the Minnesota Chippewa Tribe, the Mille Lacs Band of Ojibwe Indians, or one or more members of the Mille Lacs Band of Ojibwe Indians, and subject to the jurisdiction of the Mille Lacs Band.

(c) Bodily injury means injury to any person that involves physical pain and suffering, scarring or disfigurement, or bone fracture.

(d) Dog means any animal within the canine family, wild or domesticated.

(e)(1) Dangerous Dog means any dog that:

(A) has without provocation inflicted bodily injury on any person; or

(B) has without provocation killed or seriously injured a domestic animal while outside the dog owner's property line; or

(C) has been determined to be "potentially dangerous" dog as defined in this Ordinance and, after the dog's owner is given notice that the dog is "potentially dangerous," bites, attacks or threatens the safety of humans or other domestic animals; or

(D) has a contagious or infectious disease that humans or other domestic animals may contract is exposed to that animal.

(2) A dog may not be declared dangerous based on a threat, injury or damage sustained by a person who, at the time of such threat, injury or damage, was:

(A) committing a willful trespass or other unlawful conduct upon the premises occupied by the owner of the dog; or

(B) intentionally provoking, tormenting, abusing, or assaulting the dog; or

(C) committing or attempting to commit a crime.

(f) Dog Enclosure means any securely confined house or residence, or a securely enclosed and locked pen or structure suitable to prevent a dog from escaping so as to provide humans or other animals with protection from the dog.

(g) Owner means any person(s) possessing, harboring, keeping, having an ownership interest in, or having custody or control of the dog.

(h) Potentially Dangerous Dog means any dog that:

(1) is not registered with the Mille Lacs Band Department of Public Safety; or

(2) is not tagged with a current Rabies tag showing vaccination against rabies; or

(3) when unprovoked, chases or approaches a person on any property in an aggressive manner; or

(4) has a known propensity or disposition, as indicated by sworn statements from at least two adults, to attack or threaten the safety of humans or domestic animals; or

(5) is running loose anywhere on Band Lands.

(i) Provocation means conduct or actions that tend to arouse rage, resentment or fury in another person or animal.

(j) Tribal Enforcement Officer means any Mille Lacs Band Department of Natural Resources warden or Tribal Police Officer, or any person designated as the Mille Lacs Band dog catcher.


§ 3002. Registration, Rabies Vaccination Requirement.

(a) Requirement. All dogs present on Band Lands must be registered with the Mille Lacs Band Department of Public Safety within 14 days after such dog is first present on Band Lands.

(b)
Issuance of Certificate. The Mille Lacs Band Department of Public Safety shall issue a Certificate of Registration to the Owner and maintain a copy of such Certificate of Registration.

(c)
Rabies Vaccination. All dogs present on Band Lands, which are over six (6) months of age, must be vaccinated against Rabies each and every year. The Owner must show proof of vaccination to the Department of Public Safety at the time they register their dog(s) or bring such proof into the Department of Public Safety office within 14 days of registration. All dogs on Band Lands must be collared and tagged with a current Rabies Tag. Owners must show proof of rabies vaccination to the Department of Public Safety on an annual basis or be subject to fines and other penalties as provided in this Ordinance.


§ 3003. Confiscation and Disposition of Dangerous Dogs and Other Dogs.

(a) A Tribal Enforcement Officer may confiscate and take to the nearest Animal Shelter any dog on Band Lands if the officer has reasonable cause to believe:

(1) the dog is running loose; or

(2) the dog is not being maintained in a proper dog enclosure; or

(3) the dog is outside a proper dog enclosure and is not under the physical restraint of a responsible and able person; or

(4) the dog is not maintained in a proper dog enclosure, the dog is outside the owner's property line, and the officer has reasonable cause to believe that the dog will commit an aggressive act which is imminent and will be dangerous to the public; or

(5) the dog is noticeably diseased, injured or maimed; or

(6) the dog is chasing deer or livestock.

(b) If, in a proceeding in the Mille Lacs Band Court of Central Jurisdiction against the registered owner of a dog confiscated under paragraph (a) of this section, it is found by a preponderance of the evidence that the dog is a dangerous dog within the meaning of this Ordinance, the Court may order the dog destroyed, order the Owner to reimburse the Band for the cost of confiscating, maintaining and destroying the dog, and may impose a fine not to exceed $500. If, in such a proceeding, the dog is not found to be a dangerous dog, the Court may order the dog returned to the registered owner under appropriate conditions and, if it is found by a preponderance of the evidence that the confiscation was proper under this Ordinance, the Court may order the registered owner to reimburse the Band for the cost of confiscating, maintaining and returning the dog and may impose a fine not to exceed $250.

(c) If there is not registered owner of a dog confiscated under paragraph (a) of this section, the dog may be taken to the nearest Animal Shelter or otherwise disposed of by the Tribal Enforcement Officer.

(d) Posted Signs. Any person subject to the jurisdiction of the Mille Lacs Band who keeps a potentially dangerous dog on Band Lands must post a "Beware of Dog" sign on the Dog Enclosure in which the dog is maintained and/or on the property on which the dog is maintained, which sign is clearly visible to the public.


§ 3004. Fines.

(a) Any person subject to the jurisdiction of the Mille Lacs Band who fails to register a dog with the Mille Lacs Band Department of Public Safety or provide proof of rabies vaccination to the Department of Public Safety as required by this Ordinance shall be guilty of a civil misdemeanor. If, by a preponderance of the evidence, such person is found guilty of such charge, an Order shall be issued and a fine shall be imposed, as follows:

(1) first offense, an Order to register and/or tag the dog(s) shall be issued;

(2) second offense, an Order to register and/or tag the dog(s) shall be issued and a fine in the amount of $25.00 shall be imposed;

(3) third offense, an Order to remove the dog(s) from Band Lands shall be issued and a fine in the amount of $50.00 shall be imposed.

(b) Any person subject to the jurisdiction of the Mille Lacs Band who fails to post a "Beware of Dog" sign in violation of § 3003(d) of this Ordinance shall be guilty of a civil misdemeanor. If, by a preponderance of the evidence, such person is found guilty of such charge, an Order shall be issued and a fine shall be imposed, as follows:

(1) first offense, an Order to post the sign shall be issued and a fine in the amount of $25.00 shall be imposed;

(2) second offense, an Order to post the sign shall be issued and a fine in the amount of $50.00 shall be imposed;

(3) third offense, an Order to remove the dog(s) from Band Lands shall be issued and a fine in the amount of $75.00 shall be imposed.

(c) Liability for Medical Expenses. Any person subject to the jurisdiction of the Mille Lacs Band whose dog, while on Band Lands, bites any person without provocation and inflicts bodily injury, shall be guilty of a civil misdemeanor. If, by a preponderance of the evidence, such person is found guilty of such charge, a fine in the maximum amount of $250.00 shall be imposed and the victim's medical costs shall be assessed against such person. If, by a preponderance of the evidence, such person is found guilty of a second such charge involving the same dog, a fine in the maximum amount of $500 shall be imposed, an Order to destroy the dog shall be issued, and the victim's medical costs and the costs of destroying the dog shall be assessed against such person.


§ 3005. Abandoned Dogs.

(a) It is unlawful for any person subject to the jurisdiction of the Mille Lacs Band to abandon a dog or dogs on Band Lands.

(b) Any dog that is abandoned on Band Lands may be taken to the nearest Animal Shelter or otherwise disposed of by the Tribal Enforcement Officer.

(c) If a Tribal Enforcement Officer views a dog wandering the roads, parking areas, or other public areas on Band Lands, without a collar and/or a visible current rabies tag, the officer may presume that the dog is abandoned.

(d) Any person subject to the jurisdiction of the Mille Lacs Band found, by a preponderance of the evidence, to have abandoned a dog(s) on Band Lands shall be guilty of a civil misdemeanor, shall be billed for all removal costs and/or all costs for destruction of the animal, and shall be subject to a maximum fine of $500.


§ 3006. Civil Causes of Action.

Nothing in this chapter shall prevent an individual from pursuing a civil cause of action for injuries sustained from a dog bite or attack.


§ 3007. Jurisdiction.

The Mille Lacs Band Court of Central Jurisdiction shall have jurisdiction over all actions pertaining to this Ordinance.


§ 3008. Sovereign Immunity.

Nothing in this chapter shall be construed as a waiver of sovereign immunity of the Mille Lacs Band of Ojibwe Indians.


§ 3009. Severability.

If the Court of Central Jurisdiction adjudges any provision of this Ordinance to be invalid, such judgment shall not affect any other provisions of this Ordinance not specifically included in the judgment.

Amendments received through: August 29, 2003

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