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

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## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

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

Tribal Council on September 21, 2005; amendments approved by motions of NR&EC on May 13, 2010, April 14, 2011,
May 16, 2013, September 11, 2014, and November 6, 2014, and by motions of Tribal Council on May 26, 2010, April
27, 2011, May 29, 2013, September 17, 2014, and November 19, 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remain in effect until amended, replaced and/or repealed by the Tribal Council upon the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.

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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:

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(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.”
(C) Tribal fishing vessels 26 feet or more and operating within 12 miles from shore must have the
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.

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(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.
(C) A GTB member may obtain a GTB Charter Fishing Vessel Captain’s license for operation on
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
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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.

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(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.
(C) If a GTB fisher or permittee plans to leave trap nets in the waters of the GTB Tribal Zone for
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
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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.

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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.
(C) In the event that a converted fisher has made a bona fide effort to sell the trap net operation
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
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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.
(C) Restrict the sale of the operation and transfer of the license as provided in the CORA
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.

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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.
(C) An LTBB captain, even with a GTB helper on board, is permitted to fish in an exclusive LTBB
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
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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.
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(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
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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
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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) Slip #1 at the Arthur Duhamel Marina is designated as a loading dock. Fishers shall
use this slip for loading and unloading fish, fishing equipment and gear only.
(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. Fish entrails shall not be left exposed and shall be discarded within 24 hours
(as possible).
(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.
(10) 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.
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(11) Any gear related to commercial fishing that is left on the marina property or in the
waters of the marina by an inactive fisher (as defined in the CORA regulations) for more
than one fishing season 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.
(12) Anyone under the age of 18 must be accompanied by an adult within the marina
area. There are NO exceptions to this rule.
(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.
(C) GTB Conservation and Law Enforcement Officers are empowered to enforce the rules and
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.
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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.
(C) Certificate of Free Sale
(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:

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(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.
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(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 other person(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:
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(1) Use of the buildings designated for Treaty-fishing related activities is limited to processing
fish caught and reported to the NRD by a GTB commercial and/or subsistence fisher
authorized to use specified building(s) and/or to other fishing-related 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.
(C) The following process is available to any fisher whose authorization to use specified
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 Department
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 Department
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 Department
Manager shall issue a ruling in writing. The Department 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 Department Manager’s
determination. Any such review is limited to the administrative record that shall be provided
to the Tribal Court by the Department Manager’s office within thirty (30) calendar days from
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the date that the Department 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 Department
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 Treatyfishing 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.
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Section 5.08 Management Plan Regulations for GTB Tribal Zone

[The 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/Trapping/Gathering
Regulations” and section 11.02 of the “Inland Fishing Regulations”.]

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Agrand_traverse%3A5a3bb041f3e72727. Public record. Not legal advice.