[Approved by motions of Natural Resources & Environmental Committee (NR&EC) on September 8, 2005 and Tribal Council

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on September 21, 2005; amendments approved by motions of NR&EC on May 13, 2010, April 14, 2011, May 16, 2013, and April

11, 2014, and by Tribal Council on May 26, 2010, April 27, 2011, May 29, 2013, and April 30, 2014.]

GRAND TRAVERSE BAND (GTB)

GREAT LAKES FISHING REGULATIONS

Section 1: Introduction

Section 1.01 Authority

The following regulations are promulgated by the Tribal Council of the Grand Traverse Band of

Ottawa and Chippewa Indians (the "Tribe" or “GTB”) pursuant to the Treaty of Washington

executed March 28, 1836 (7 Stat. 491) and the provisions contained in the Preamble, Article IV,

Section 1, and Article X, Section 2 of the Tribal Constitution approved by the U.S. Department of

Interior effective March 29, 1988.

Section 1.02 Scope and Relation to Other Laws

These regulations govern fishing activity by members of the Tribe in 1836 Treaty waters licensed to

fish commercially. They supplement the regulations contained in the Chippewa Ottawa Resource

Authority Commercial, Subsistence and Recreational Fishing Regulations for the 1836 Treaty Ceded

Waters of Lake Superior, Huron and Michigan (the "CORA Regulations") and the Grand Traverse

Band Hunting, Fishing, Trapping, Gathering Regulations.

Section 1.03 Definitions

Unless otherwise indicated, the terms used in these regulations shall have the same meaning as

the terms and definitions in the CORA Regulations.

Section 1.04 Effective Date and Duration

These regulations take effect immediately upon their adoption by the Tribal Council. They shall

remain in effect until amended, replaced and/or repealed by the Tribal Council upon the

recommendation of the Natural Resources and Environmental Committee.

Section 1.05 Enforcement

Unless otherwise indicated, any infraction of these regulations should be considered a civil violation and

enforceable pursuant to Sections XXIV(c) and XXVI of the CORA Regulations.

Section 2: Boat Safety Regulations

Section 2.01 Commercial Fishing Vessel Safety Regulations

(A) Tribal fishing vessels less than 26 feet in length and operating within 5 miles from shore must

have the following equipment on board:

(1) FCC registered VHF radio.

(2) Navigation lights.

(3) Means of making a sound signal (i.e., canned air horn).

(4) United States Coast Guard (USCG) approved Type I or Type II PFD for each person

on board (minimum):

(a) equipped with light;

(b) at least 31 square inches of USCG approved retroreflective material attached to

the front and back.

(5) 1 buoyant cushion, ring life buoy, or other Type IV PFD.

(6) 1 B-I fire extinguisher(s) (UL certified for marine use) (NOTE: Not required on boats

of open construction less than 26 feet and propelled by outboard motors).

(7) For vessels operating within 3 miles of shore, 3 USCG approved day-and-night flares.

For vessels operating outside 3 miles from shore, 3 USCG approved parachute flares, 6

USCG approved hand flares, and 3 USCG approved smoke signals.

(8) For vessels which use fuel having a flashpoint of 110 F or less (gasoline), ventilator

ducts and cowls fitted for machinery spaces (exhaust duct to extend to lower bilge and

intake duct to extend below level of carburetor air intake) and for fuel tank compartments.

(B) Tribal fishing vessels less than 26 feet, operating outside 3 miles from shore during the

months between October and June must be equipped with an immersion suit/exposure suit for

every person on board. Tribal fishing vessels less than 26 feet, operating within 3 miles from

shore during the months between October through June may operate without immersion

suits/exposure suits if the vessel:

(1) Operates from the time period between 2 hours before sunrise and no later than

sunset;

(2) Wears a USCG approved Type I PFD or USCG approved inflatable PFD;

(3) Operates in close proximity to other fishing vessels;

(4) Passes a dockside exam and has on board all other required equipment; and

(5) Possesses on board a copy of the USCG memorandum dated June 17, 2003, entitled

“CLASS EXEMPTION FOR CERTAIN COMMERCIAL FISHING VESSELS.”

following equipment on board:

(1) FCC registered VHF radio.

(2) Navigation lights.

(3) "DISCHARGE OF OIL PROHIBITED" placard posted.

(4) "DISCHARGE OF PLASTICS/GARBAGE PROHIBITED" placard posted.

(5) Means of making a sound signal (i.e. canned air horn).

(6) If operating in July, August, and September, USCG approved Type I, Type II PFD for

each person on board (minimum). If operating between October and June of the year, an

immersion Suit or exposure suit for each person on board. The PFDs or immersion suit/

exposure suits must be:

(a) equipped with light;

(b) at least 31 square inches of USCG approved retroreflective material attached to

the front and back.

(7) 1 24-inch ring life buoy (with 60-foot line attached).

(8) 1 B-II or 2 B-I fire extinguisher(s) (UL certified for marine use) (NOTE: For vessels

40 feet and over, 3 B-I or 1 B-1 and 1 B-II fire extinguisher(s) (minimum) are required).

(9) For vessels operating within 3 miles from shore, 3 USCG approved day-and-night

flares. For vessels operating outside 3 miles from shore, 3 USCG approved parachute

flares, 6 USCG approved hand flares, and 3 USCG approved smoke signals.

(10) For vessels which use fuel having a flashpoint of 110 F or less (gasoline), ventilator

ducts and cowls fitted for machinery spaces (exhaust duct to extend to lower bilge and

intake duct to extend below level of carburetor air intake) and for fuel tank compartments.

(11) Buoyant apparatus or auxiliary craft with the capacity of supporting/holding the entire

crew, unless the vessel is 36 feet or less in length and 3 or fewer crew on board.

(D) Tribal fishing vessels 26 feet or more operating outside 12 miles from shore must have the

equipment listed in subsection C. above and the following equipment on board:

(1) Immersion Suit or Exposure Suit for each person on board with:

(a) attached USCG approved light;

(b) at least 31 square inches of USCG approved retroreflective material attached to

the front and back.

(2) If the vessel is greater than 36 feet, a Category I EPIRB.

Section 2.02 Charter Fishing Vessel Safety Regulations

(A) These regulations apply to any Grand Traverse Band member licensed by the Tribe to operate

a charter fishing vessel on the Great Lakes less than 100 gross tons that will have a total of no

more than 6 passengers on board. Vessels operating on the Great Lakes more than 100 gross tons

that will have a total of more than 6 passengers must comply with the applicable USCG regulations.

(Note also that USCG regulations may require GTB-licensed charter fishing vessels less than 100

gross tons with no more than 6 passengers operating on the Great Lakes to be equipped with an

EPIRB.)

(B) The Captain of GTB Conservation Officers shall designate a marine inspector. Tribal charter

fishing vessels shall pass an initial drydock inspection to determine whether the vessel is in good,

serviceable and seaworthy condition. In order to maintain a charter fishing license, the owner of

the vessel shall complete a dockside inspection every two years and a drydock inspection every five

years.

the Great Lakes upon documentation of completion of the USCG requirements for “Operator of

Uninspected Passenger Vessels” pursuant to 46 CFR 10.467 and successful inspection of the

charter fishing vessel.

(D) Tribal charter fishing vessels must have on board the safety equipment required for the size

vessel and fishing location as set out for commercial fishing vessels in Section 2.01 except

equipment not required as determined by the tribally designated marine inspector.

(E) Tribal charter fishing vessels operating on the Great Lakes shall meet the following

requirements:

(1) The engines shall be of appropriate type and design for the propulsion requirements of

the hull in which they are installed, and shall be capable of operating a constant marine

load without exceeding their design limitations. If the engine is inboard or

inboard/outboard, it shall be properly cooled and ventilated, and the vessel shall have

gauges indicating the engine cooling water temperature and the engine lubrication oil

pressure. All engine systems shall be in good and serviceable condition.

(2) Fuel tanks shall be ventilated. Any fixed fuel tanks shall be installed so as to prevent

movement, and they shall be grounded. Any portable fuel system shall be suitably secured

to prevent shifting while underway. The vessel operator shall maintain the fuel tanks and

fuel supply lines in good and serviceable condition.

(3) The electrical system on the vessel shall be safe and fit for the service intended, shall

be in proper operating condition, and shall have a suitable electrical grounding system. Any

electrical appliances or equipment used where flammable vapors may be present shall be

protected to prevent ignition of vapors.

(4) Vessels constructed with enclosed spaces below deck shall be fitted with bilge pumps

to ensure that all bilge areas can be pumped, and the pumps shall be in good and

serviceable condition. Vessels must also be equipped with a manual bailing device.

(5) The owner of the vessel shall keep records of physical damage to the vessel and

resulting repairs and/or alterations. The repairs and/or alterations shall be inspected and

approved by the tribally designated marine inspector.

(6) The vessel shall be equipped with the proper safety, firefighting, and first aid

equipment as determined by the tribally designated marine inspector. The vessel shall be

equipped with an anchor of a suitable size and type for the vessel and waters of operation

as approved by the tribally designated marine inspector.

(7) The vessel shall have deck rails or equivalent protection at the periphery of all weather

decks approved by the tribally designated marine inspector. For vessels where suitable

privacy enclosures are practicable, the vessel shall be equipped with a suitable toilet, kept

in serviceable and sanitary condition.

Section 3: Commercial Net Management Regulations

Section 3.01 Unattended and Abandoned Nets in GTB Tribal Zone

(A) This section of regulations applies to all nets of tribal fishers in the GTB Tribal Zone waters.

(B) Once nets found in the GTB Tribal Zone can be identified as belonging to a specific tribal

fisher, the GTB Natural Resources Department and/or Conservation Officers must notify the fisher

as soon as practicable that his/her nets have been tagged, where they are, and that they could be

deemed “unattended nets” or “abandoned nets” as defined in the CORA regulations. If a GTB

fisher or permittee retrieves tagged nets, he/she must notify immediately the GTB Natural

Resources Department and/or Conservation Officers and return the tag.

a period of 6 months or more without fishing the nets, the tunnel must be sown shut and the GTB

Natural Resources Department and/or Conservation Officers must be notified of the location of the

nets.

(D) If a GTB fisher does not remove tagged nets or take the steps set out in section E for trap

nets, the nets will be considered “unattended nets” or “abandoned nets” as defined in the CORA

regulations, and will be subject to removal by the GTB Conservation Officers. The GTB

Conservation Officers may contract to have the nets removed or, in the case of trap nets, have the

tunnels sown shut. Unless otherwise authorized by GTB, only the GTB Conservation Officers have

authority to remove unattended nets of GTB fishers from the GTB Tribal Zone. Costs of removal

will be assessed to the fisher as restitution related to the civil infraction. If the costs are not paid

within 30 days of the court order, the judgment shall be satisfied by attachment of the fisher’s per

capita payment. Upon notification from the court of the assessed costs, the GTB Natural

Resources Department shall suspend a fisher’s license until such time as the costs are paid or

other arrangement is approved by the GTB Natural Resources and Environmental Committee.

(E) If the owner of tagged nets cannot be determined within 14 days, the GTB Conservation

Officers have authority to remove any tagged nets or sew the tunnel shut of any tagged trap nets.

If the owner of the nets can be identified at a later date, a civil infraction can be pursued against

the fisher for a period of up to one (1) year after the date on which the gill nets were removed

from the water or the tunnel on the trap net was sown shut.

(F) Unattended and/or abandoned nets can be distinguished from lost or vandalized nets by

notification of the GTB Natural Resources Department and/or Conservation Officers as soon as the

fisher becomes aware of the circumstance. Notification may occur verbally or in writing, but must

occur no later than the due date for the catch report for the month in which the nets were lost or

vandalized. The fisher must identify why the nets should be considered lost or vandalized, such as

buoys have been removed so as to make locating and removing the nets more difficult. Once nets

are tagged, it is presumed that the nets were not lost or vandalized.

(G) It shall be mandatory for all GTB fishers and permittees within the GTB Tribal Zone to remove

all their nets from the waters of the Great Lakes at least once a year unless the fisher has been

otherwise authorized by the GTB Natural Resources and Environmental Committee.

Section 3.02 Netmarking

Within the waters of the GTB Tribal Zone as set out in Section IV.A.1.e.of the Consent Decree

entered by the Court on August 8, 2000, the following gill net marking provisions shall apply in the

grids open to large mesh and small mesh gill net fishing:

(A) All gill nets set in depths greater than fifteen (15) feet shall have a staff buoy at each end

with at least four (4) feet exposed above the surface of the water with a red or orange flag no less

than twelve (12) inches by twelve (12) includes bearing the license number of the fisher and

affixed to the top of the staff. Ice poles, painted red or orange on the top and bearing the license

number of the fisher, may be used between November 1 and April 30.

(B) Any gill net or portion of a gill net set in water less than fifteen (15) feet deep shall have: a

red or orange float not less than one (1) gallon in size, or a red or orange PVC float that is at

least six (6) inches by fourteen (14) inches in size, on each end that is in water less than fifteen

(15) feet deep. The floats at the ends of the net shall bear the license number of the fisher. In

addition, each such net shall also have either:

(1) An additional float of the size described above spaced every three hundred (300) feet

or less along the length of the net that is in water less than fifteen (15) feet; or

(2) Standard commercially available fluorescent orange floats at least one and one-half

(1.5) inches by four (4) inches in size along the corkline not less than every twelve (12)

feet in the water less than fifteen (15) feet.

Section 4: Trap Net Conversion Regulations

Section 4.01 Resumption of Use of Gill Nets

Pursuant to Section X.C. of the Consent Decree and Section X.(c) of the CORA regulations, a trap

net conversion fisher shall not thereafter resume the use of large mesh gill nets except as follows:

(A) Upon recommendation of the GTB Natural Resources and Environmental Committee and

approval by the GTB Tribal Council, after two (2) years of use of the trap net operation, the fisher

may exchange the trap net conversion license and gear with another Tribal licensee who represents

at least sixty percent (60%) of the average large mesh gill net effort of the converted fisher for the

years 1997 to 1999.

(B) Upon recommendation of the GTB Natural Resources and Environmental Committee and

approval by the GTB Tribal Council, a converted fisher may acquire a large mesh gill net operation

and license if the fisher has sold the trap net operation and retired from the fishery for two (2)

years.

after retiring from the fishery for at least two years but has been unable to obtain a fair offer, the

fisher may apply to the GTB Natural Resources and Environmental Committee for permission to

utilize the vessel acquired in the conversion program for fishing large mesh gill nets in compliance

with all CORA and GTB regulations. If such application is made, the GTB Natural Resources and

Environmental Committee shall conduct a hearing to determine whether bona fide efforts were made

to sell the trap net operation and whether permission should be granted to fish large mesh gill nets

from the acquired vessel. Notice of the hearing shall be provided to all parties to the Consent

Decree signed August 7, 2000 in the United States, et al. v. Michigan, et al. litigation as specified

in Section XIV.C at the addresses for such parties as kept by CORA. The notice shall be mailed at

least twenty-one (21) days prior to the hearing date via first-class mail. Any party to the Consent

Decree may request to make a presentation at the hearing. Subsequent to any such hearing, the

GTB Natural Resources and Environmental Committee shall issue written findings and conclusions

in a form suitable for use in the dispute resolution process described in Section XIX of the Consent

Decree.

Section 4.02 Trap Net Conversion License

Each GTB Tribal fisher who converts to a trap net operation under Section X.C. of the Consent

Decree shall have his or her previous captain's license extinguished and shall receive in its place a

trap net conversion captain's license. The license shall have denoted on its face as “TC.” The trap

net conversion captain's license shall:

(A) Authorize fishing with trap nets and small mesh gill nets from the trap net conversion vessel

subject to the restrictions set forth in Section X of the CORA regulations.

(B) Authorize trap net fishing in all open waters subject to the restrictions contained in the CORA

regulations.

regulations and Section 4.01 above.

(D) Authorize fishing with small mesh gill nets from a gill net tug or a small boat subject to the

restrictions contained in the CORA regulation.

(E) Prohibit the possession and/or sale of lake trout as provided in Part IV, Section XI(b)(2) of

the CORA regulations.

(F) Prohibit the possession and/or use of large mesh gill nets as provided in Part III, Section X(a)

of the CORA regulations.

(G) Prohibit the fisher from acting as a captain on a gill net vessel when large mesh is present on

the vessel and/or lake trout is being retained on board.

(H) Authorize the fisher to act as a captain on a gill net vessel when only small mesh is present

and/or in use on the vessel and where no lake trout is retained.

Section 5: General Commercial Fishing Regulations

Section 5.01 Operations With GTB and Little Traverse Bay Bands of Odawa Indians (LTBB)

Licensed Fishers On Board

(A) In the LTBB Tribal Zone, the holder of a valid LTBB captain license may employ the holder of

a valid GTB captain or helpers license. While working under an LTBB captain, a GTB captain or

helper may act only as a helper and must abide by all commercial fishing statutes, rules and

regulations of LTBB and its Natural Resources Commission. All catch reports must be submitted to

the LTBB Natural Resources Department.

(B) In the GTB Tribal Zone, the holder of a valid GTB captain license may employ the holder of a

valid LTBB captain or helper license. While working under a GTB captain, an LTBB captain or

helper may act only as a helper and must abide by all commercial fishing statutes, rules and

regulations of GTB and its Natural Resources and Environmental Committee. All catch reports must

be submitted to the GTB Natural Resources Department.

zone established under the 2000 Consent Decree. An LTBB captain, even with a GTB helper on

board, is not permitted to fish in a GTB exclusive zone established under the 2000 Consent

Decree unless otherwise allowed under the Decree.

(D) A GTB captain, even with an LTBB helper on board, is permitted to fish in an exclusive GTB

zone established under the 2000 Consent Decree. A GTB captain, even with an LTBB helper on

board, is not permitted to fish in an LTBB exclusive zone established under the 2000 Consent

Decree unless otherwise allowed under the Decree.

(E) As provided for in the Tribal Management Plan for the 1836 Treaty Great Lakes Waters,

adopted by the CORA Tribes in July 2000, fishers from tribes other than GTB must obtain a permit

from GTB to fish in the GTB Tribal Zone.

Section 5.02 Operations with GTB and Other CORA Tribe Licensed Fishers On Board

In the GTB Tribal Zone, the holder of a valid GTB captain license may employ a licensed tribal

fisher from another CORA tribe as a helper. The GTB captain shall notify the GTB Natural

Resources Department and/or Conservation Officers of any such arrangement and the GTB Natural

Resources and Environmental Committee may recommend that a non-GTB tribal fisher not be

allowed to fish within the GTB Tribal Zone. The non-GTB tribal fisher must abide by all commercial

fishing regulations of GTB and its Natural Resources and Environmental Committee. All catch

reports must be submitted to the GTB Natural Resources Department.

Section 5.03 Lease of GTB Fishing Equipment

It is a civil infraction for a fisher to obtain or attempt to obtain proceeds through the lease or sale of

tribally-owned fishing gear and equipment without the approval of the GTB Natural Resources and

Environmental Committee and the GTB Natural Resources Department. If a fisher obtains proceeds

through the lease or sale of such tribal property, the Tribe may seek relief in a Tribal Court civil

action including writ of attachment against such proceeds, and any judgment may be satisfied by

attachment of the fisher’s per capita payment. Upon notification from the Tribal Court of any

judgment against a fisher, the GTB Natural Resources Department shall suspend a fisher’s license

until such time as the judgment is satisfied.

Section 5.04 Use of Public, CORA and Tribal Access Sites

(A) All GTB fishers utilizing any marina/docking site leased by the Tribe, public marinas and

launching ramps, and other CORA access sites must adhere to the CORA Regulations, Part Eight,

Section XXVIII.

GTB fishers utilizing public marinas/harbors of refuge also must adhere to the

following regulations:

(1) Only tribal members with valid GTB commercial or subsistence fishing licenses may use

public marinas and launching ramps and/or other access sites pursuant to these GTB

regulations; any other persons must adhere to the local government's rules and regulations

for these public marinas and launching ramps and/or other access sites. An identification

card may be requested by the enforcement officers or Harbor Masters. (Commercial fishing

cards may be used for this purpose.)

(2) Vessels must be launched, nets loaded/unloaded and fish unloaded in a timely

manner, in order not to inconvenience other launching ramp users.

(3) No sale of fish may occur on the premises except for transactions with wholesale fish

buyers and occasional retail dockside sale upon request of the customer.

(4) Public intoxication is prohibited on the premises. Tribal law prohibiting persons from

operating motor vehicles while under the influence of intoxicating liquor or other drugs is

applicable to fishing vessels.

(5) No swimming or diving is allowed if prohibited by the local government's rules and

regulations except as necessary to make repairs of an emergency nature.

(6) Conduct that constitutes a nuisance as defined by GTB and Michigan law is prohibited.

(7) Children under the age of eighteen (18) years must be accompanied by an adult.

(8) All fishing vessels must be kept clean to minimize offensive odor.

(9) At the discretion of the Captain of GTB’s Conservation Officers and/or direction of the

Natural Resources Department, any fishing vessel not actively utilized in fishing activities

may be ordered removed from any marina/docking site at the owner’s expense. It is

presumed that any vessel not utilized in fishing activities for 30 days shall be considered

unused and should be removed from public marinas or other docking sites leased by the

Tribe absent specific authorization by the municipal or private owner. In the event that the

owner of the fishing vessel does not promptly remove a vessel after being ordered to do so,

the Tribe may make other arrangements to do so and charge the expenses to the owner;

and any such expense may be enforced in a civil action with the judgment and related

costs recoverable from the owner’s per capita distributions and/or other assets.

(10) Public marinas/harbors of refuge may be utilized as harbors of refuge in situations

involving weather-related or mechanical emergencies notwithstanding use restrictions

otherwise imposed by these supplemental regulations.

(11) Launching ramps at public marinas/harbors of refuge may be utilized throughout the

year notwithstanding use restrictions otherwise imposed by these supplemental regulations.

(12) Docking at slips within any public marina/harbor of refuge is limited to no more than

three (3) fishing vessels operated by GTB-licensed fishers on any date during any period of

peak capacity between the Fourth of July and Labor Day.

(13) Fishing vessels operated by GTB-licensed fishers may be segregated within public

marinas at the Harbor Master's discretion (subject to approval of GTB Conservation

Department) as long as the vessels are not denied use of the facility.

(14) During any period of peak capacity between the Fourth of July and Labor Day when

slips are fully occupied, use of slips within public marinas for docking by fishing vessels

operated by GTB-licensed fishers may be limited by the Harbor Master (subject to approval

of the GTB Natural Resources Department) as long as the vessels remain within the

breakwall and effective use of the facility is not impeded.

(B) The following provisions apply only to the Grand Traverse Band properties and waters at the

Arthur Duhamel Marina in Peshawbestown and Beaver’s Landing on Beaver Island. They

supplement the CORA Regulations, Part Eight, Section XXVIII and the GTB regulations in Section A

above. To the extent there is any conflict with the GTB regulations in Section A, these provisions

below shall control.

(1) The marinas will be open and available to the commercial fishers 24 hours/day

throughout the entire year. Keys to the buildings and ice bins will be issued to Boat

Captains, Law Enforcement, Conservation Officers, GTB Natural Resources Department staff

and Maintenance Supervisors.

(2) The marinas are for licensed GTB commercial fishers only and commercial fishing

vessel owners will have first priority in being assigned a slip. GTB Natural Resources

Department and Conservation Officers’ boats are allowed if space is available. The launch

areas are available for use to all GTB tribal members and their families.

(3) The last slip at each marina must be left empty for transient vessels. Transient or

recreational vessels may use the marinas overnight for one night only. This vessel must

use the outer end slip and not interfere with commercial vessels. Donations for dockage

will be accepted.

(4) Only 1 slip per captain will be assigned, based on boat ownership. If a slip is

available, a fisher can obtain a 2nd slip on a month to month basis until another fisher has

applied for one. Application for slips will be available when applying for a fishing license.

(5) The operation of boats of any type (including rowboats, dinghies, and small outboards)

shall be exclusively for ingress and egress from the harbors. No boats shall be moored on

riprap. No wake within the harbors, except during the winter months of November through

March.

(6) Slips #1, 2 and 3 at the Arthur Duhamel Marina are designated as loading docks.

Fishers will use these slips for loading and unloading fishing equipment and gear only, with

the exception of boat repair as provided in paragraph 7 below.

(7) Any repair that cannot be accomplished at the slip assigned to the captain and

requires the use of one of the loading docks for more than 8 hours must be cleared through

a Conservation Officer or Law Enforcement, who shall then notify the Natural Resources

Department manager. The captain must inform the officer the nature of the repair and the

amount of time the repair will take.

(8) As provided in the CORA regulations, discarding of fish entrails is not permitted in the

marina area.

Discarding of fish entrails directly into the harbor/marina area is strictly

prohibited.

(9) All garbage must be placed in the bins provided. No fish entrails are allowed in the

garbage bins. Disposing of or abandoning containers of oil, gasoline, diesel, or any other

petroleum products at the marinas is prohibited.

(9) Ice is available for commercial fishing activity only and available on a first come, first

serve basis. No fish or other items are allowed to be stored inside the ice bins at any time.

(10) Any gear related to commercial fishing that is left on the marina property or in the

waters of the marina for more than a 24-hour period will be considered abandoned gear.

All such gear, including unattended boats, sunken vessels, abandoned cars and trailers, will

be removed at the owner’s expense. Any gear that has been left in the way of other

fisher’s access or hinders the department’s ability to perform its duties is subject to removal

at the owner’s expense.

(11) Anyone under the age of 18 must be accompanied by an adult within the marina area.

There are NO exceptions to this rule.

(12) All charcoal burners or open flame devices and ground fires are prohibited within the

marina area.

Cook stoves and heaters are allowed on the boats.

(13) Swimming is prohibited within the marina harbor and off the piers, with the exception

of diving for boat repairs.

(14) As provided in the CORA regulations, overnight camping in the marina area is

prohibited. Overnight housing on board a vessel with the captain’s permission is permitted.

(15) Oil and gas spills are the responsibility of the owner of the boat that caused the spill

and must be cleaned up immediately. Anyone who has knowledge of a spill (current or

otherwise) must report that spill. In an emergency call 911, and/or report it to the Natural

Resources Department at (231) 534-7500.

(16) Consumption of alcoholic beverages is prohibited within the marinas as well as the

adjacent lands and buildings that comprise the marina property; possession of open

containers of alcoholic beverages likewise is prohibited.

regulations stated above.

(D) Violation of these regulations is subject to proceedings in the Grand Traverse Band Tribal

Court. Specifically, the jurisdiction and enforcement provisions of Section XXVI of the CORA

Regulations are applicable. In addition to prescribed penalties, the Tribal Court may impose

restrictions upon the use of tribal marinas, leased marinas, and public marinas/access sites by a

person found guilty of a violation of these regulations.

Section 5.05: Requirements for Processing and Sale of Fish on Tribal Property

(A) HACCP Plan

(1.) Anyone processing and/or selling fish or fishery products on tribal property must have

participated in HACCP (Hazard Analysis Critical Control Point) training or otherwise be familiar with

HACCP requirements stated in the U.S. Food and Drug Administration regulations at 21 CFR Part

123.

(2.) Anyone processing and/or selling fish or fishery products on tribal property must have

a written HACCP plan for the processing facility complying with the requirements of 21 CFR Section

123.6.

(B) Food Processor License

(1.) Anyone possessing a valid GTB commercial fishing license is eligible to obtain a

license from the Grand Traverse Band as a food processor.

(2.) Prerequisites for obtaining a food processor license include:

(a.) The fisher-applicant must process fish in a processing facility located upon

GTB lands inspected by GTB staff or GTB’s designee (including Inter-Tribal Council of Michigan

pursuant to contractual services agreement) qualified to conduct such inspection and certified as

being in compliance with applicable provisions of the federal Good Manufacturing Practice

Regulations for foods.

(b.) The fisher-applicant must have a written HACCP plan for the processing

facility complying with the requirements of 21 CFR Section 123.6.

(c.) The fisher-applicant must be in good standing to utilize a specified portion of

the Tribe’s certified processing facility.

(d.) The fisher-applicant must comply with any other application requirements of

GTB and/or GTB Natural Resources Department.

(1.) Anyone possessing a valid GTB commercial fishing license and food processor license

is eligible to obtain a Certificate of Free Sale from the Grand Traverse Band.

(2.) Prerequisites for obtaining a Certificate of Free Sale include:

(a.) The fisher-applicant must possess current GTB commercial fishing license and

food processor license.

(b.) Requests must be made in writing to GTB Natural Resources Department.

(c.) Requests must include name of company and/or individual, location of food

processing facility, fisher-applicant’s contact information, as well as other information that may be

required by the GTB and/or GTB Natural Resources Department.

(D) Smoked Fish

GTB members possessing a valid GTB commercial fishing license and food processor

license may process and/or sell smoked and smoke-flavored fishery products on tribal property so

long as they are in compliance with the requirements of 21 CFR Section 123.6 as well as the

provisions protecting public health contained in the Michigan Department of Agriculture’s Smoke

Fish Regulation No. 569 (as may be amended or supplemented), which are herein incorporated by

reference.

(E) Sales Upon Tribal Lands

Sales of fish or fishery products on tribal property must be authorized in writing by

governmental or GTB Economic Development Corporation (EDC) staff for sales at a designated

location controlled by the tribal government or EDC.

Section 5.06 Use of Buildings at GTB Marinas and other Tribal Lands

(A) All GTB-licensed fishers or other authorized persons utilizing any buildings located

upon the Arthur Duhamel marina in Peshawbestown and Beaver’s Landing marina on

Beaver Island or other tribal lands must adhere to the following regulations:

(1) Only tribal members with valid GTB commercial fishing licenses and/or subsistence

fishing licenses (GTB “fisher”) may use buildings designated for Treaty-fishing related

activities located upon GTB’s marina properties or other tribal lands. If subsequently

approved by the Natural Resources & Environmental Committee and Tribal Council,

any separate written use requirements for each of the buildings located upon GTB’s

marina properties (Arthur Duhamel marina in Peshawbestown and Beaver’s Landing

marina on Beaver Island) or other tribal lands shall be enforced as part of these

regulations.

(2) Entry and/or use of the buildings is prohibited unless the fisher first has been

authorized to use specified building(s) by person(s) within the Natural Resources

Department (“NRD”) delegated to grant such authority. Such authority may not be

delegated to a licensed commercial fisher.

(3) As a condition of being granted authorization to use specified building(s), the fisher

must sign an authorization agreement acknowledging that GTB Conservation Officers

and Law Enforcement Officers have unilateral authority to suspend a fisher’s

authorization to use specified building(s). [Suspension of authorization shall include

mandatory relinquishment/return of key(s) to building(s) and/or deletion of

electronic code access.]

(4) A fisher must be served with notice of suspension of authorization to use specified

building(s). Such notice shall inform the fisher that authorization to use specified

building(s) has been suspended and shall be accompanied by a written statement

explaining the reasons why such authorization was suspended. Such notice and

corresponding suspension shall automatically apply to any other person(s) assisting

in the fisher’s business who may have been authorized to assist the fisher.

(5) A fisher’s authorization to use specified building(s) may include other person(s)

assisting in the fisher’s business, if such other person(s) also have been identified to

the NRD and granted authorization to use specified building(s). Any such tribal

member(s) assisting in the fisher’s business also must sign an authorization

agreement acknowledging that GTB Conservation Officers and Law Enforcement

Officers have unilateral authority to suspend authorization to use specified building(s).

(6) In the event that a fisher’s authorization to use specified building(s) is suspended,

the fisher is entitled to prompt administrative and legal review pursuant to the

procedures set forth in section C of these regulations.

(B) A fisher’s authorization to use specified building(s) located upon the Arthur Duhamel

marina in Peshawbestown and Beaver’s Landing marina on Beaver Island or other tribal

lands is subject to the following use restrictions:

(1) Use of the buildings designated for Treaty-fishing related activities is limited to

processing fish caught and reported to the NRD by the GTB commercial and/or

subsistence fisher authorized to use specified building(s) and/or to other fishingrelated activity approved by the NRD.

(2) Because the buildings designated for Treaty-fishing related activities are utilized for

fish processing and are subject to inspection and licensing for protection of public

health, it is imperative that fishers maintain the premises consistent with any written

requirements for each building approved by Tribal Council pursuant to section A(1) of

these regulations. These regulations and any separate written use requirements for

each building will be provided to fishers prior to being granted authorization, and

violation of such requirements shall justify unilateral suspension of the fisher’s

authorization to use specified building(s), which may be appealed according to the

administrative and legal review procedures set forth in section C of these regulations.

building(s) has been suspended:

(1) An administrative review is a prerequisite to judicial review. Within ten (10)

calendar days from the date of suspension, the fisher may submit an appeal in

writing to the Division Manager’s office, together with any evidence in support of the

fisher’s appeal; copies of any such appeal and evidence must be provided to the

NRD; within five (5) business days after an appeal is submitted, the NRD may

submit rebuttal statement/evidence to the Division Manager’s office; copies of any

such rebuttal/evidence must be provided to the fisher. Within ten (10) business

days after submission of the fisher’s appeal, the Division Manager shall issue a

ruling in writing. The Division Manager shall have the discretion to overturn or

uphold the suspension, and/or to impose conditions upon continued probationary

use of the fisher’s authorization to use specified building(s).

(2) Judicial review in the Tribal Court is available for an appeal of the Division

Manager’s determination. Any such review is limited to the administrative record

that shall be provided to the Tribal Court by the Division Manager’s office within

thirty (30) calendar days from the date that the Division Manager’s office is served

with notice of the Tribal Court proceeding. An abuse of discretion standard shall be

applied by the Tribal Court similar to the application of that standard by federal

courts in federal Administrative Procedure Act cases.

(3) If the then existing administrative structure of the NRD does not include a Division

Manager, then the Tribal Manager shall conduct the administrative review.

(D) Fishers including those authorized to use buildings shall not make any alterations to

the buildings or undertake any construction activities to the buildings or on the marina

properties without prior written permission of the NRD.

(E) A fisher is responsible for any damages resulting from use of buildings designated for

Treaty-fishing related activities by the fisher and/or other person(s) assisting in the fisher’s

business, or resulting from unauthorized alterations or construction activities; and failure of

the fisher to reimburse the Tribe promptly for any damages shall justify unilateral suspension

of the fisher’s commercial and/or helper’s fishing license(s) by the NRD.

(F) Violations of these regulations and of any separate written use requirements for each

of the buildings located upon GTB’s marina properties (Arthur Duhamel marina in

Peshawbestown and Beaver’s Landing marina on Beaver Island) or other tribal lands shall

justify unilateral suspension of the fisher’s authorization to use specified building(s), subject

to the appeal process specified in section C.

Section 5.07 Reaffirmation of Policy that Conservation Positions are Treaty-fishing Related

The Tribe reaffirms its position and policy that the positions of Conservation Officer, Conservation

Court Judge, Conservation Court Clerk, Conservation Court Administrator, staff of the Natural

Resources Department, Tribal Chair and Tribal Councilors serving on the Natural Resources and

Environmental Committee are engaged at least partially in treaty-fishing related activities, both

inherently under the Treaty of Washington executed March 28, 1836 (7 Stat. 491) and as that term

is defined in 26 U.S.C. Section 7873, and are entitled to claim an exemption from federal income

taxation pursuant to the provisions of Title 8, GTB Code, Chapter 4.

Section 5.08 Management Plan Regulations for GTB Tribal Zone

[management plan enacted by motion of the Tribal Council on July 21, 2010 is incorporated by

reference]

Section 5.09 Citations of Alleged Violations of CORA Regulations

Citations issued to GTB members by non-GTB enforcement officers of alleged violations of CORA

regulations shall be transmitted to GTB’s Chief Warden for review and/or determination of

enforcement.

[Note: this language is consistent with section 17.02 of the "inland" hunting regulations and section

11.02 of the "inland" fishing regulations.]

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.