# Little Traverse Bay Bands of Odawa Indians (2023) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Alittle_traverse%3A149be555620bd90a ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text I. F. G. Waganakising Odawak Little Traverse Bay Bands of Odawa Indians Office of Tribal Chairperson 7500 Odawa Circle, Harbor Springs, Michigan 49740 Phone 231-242-1401 * Fax 231-242-1411 LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS 1836 CEDED TERRITORY 2023 NATURAL RESOURCES RULES AND REGULATIONS REG-WOS-2013-004-122223-010 Introduction. These Regulations are intended to achieve compliance with the Inland Consent Decree entered by the United States District Court in United States v. State of Michigan, Case No. 2: 73 CV 26, United States District Court for the Western District of Michigan (2007 Inland Consent Decree); to provide an orderly system for Tribal self-regulation regarding Tribal citizen exercise of their Inland Article 13 Rights; and to ensure the wise use and conservation of the inland resources for future generations. These regulations shall govern all treaty Inland Article 13 Rights activities of Tribal citizens on lands and waters within 1836 Ceded Territory. Definitions: Amphibian: means a cold-blooded, smooth-skinned vertebrate of the class Amphibia. Amphibians hatch as aquatic larvae with gills and, in most species, then undergo metamorphosis into four-legged terrestrial adults with lungs for breathing air. Airbow: weapon featuring full length arrows and full weight broadheads, all driven by air. Artificial Fly: means any commonly accepted single hook wet and dry flies, streamers, and nymphs without spinner, spoon, scoop, lip or any other fishing lure or bait attached. The fly or leader may be weighted but no weight shall be attached to the fly or to the terminal tackle in a manner that allows the weight to be suspended from or below the hook. Artificial Lure: means any manmade lure manufactured to imitate natural bait. Artificial lures include spoons, spinners, and plugs made of metal, plastic wood and other non-edible materials. They also include plastic products made to resemble worms, eggs, fish and other aquatic organisms. Baitfish: means any legally taken and possessed fish (except sea lamprey, goldfish or any other exotic fish) used for catching other fish. Big game (M'didaa-E'weesi'ek): means Whitetail Deer, Black Bear, and Elk. Bow: means a weapon constructed from wood, plastic, metal, or other material with a cord connecting the two ends when bent or strung, and by means of which Approved by Tribal Council: 01/11/2024 Approved by NRC: 10/25/2023 Approved by Executive: 12/22/2023 2023 1836 Ceded Territory Natural Resource Rules and Regulations REG- WOS-2013-004-122223-010 Page | of 58 N. 0. an arrow is propelled when drawn and released by hand. Cased or encased: means storage of a firearm or bow in any device or case made to contain a firearm or bow so that no portion is exposed Ceded Territory: means all lands and waters ceded in the 1836 Treaty as described in Article First, that were not reserved in Articles Second and Third of the 1836 Treaty, Article One of the 1855 Treaty, or are not now otherwise within Indian Country, as set forth below: Beginning at the mouth of the Grand River of Lake Michigan on the north bank thereof, and following up the same to the line called for in the first article of the Treaty of Chicago on the 29th of August, 1821, thence, in a direct line, to the head of Thunder bay River, thence with the line established by the Treaty of Saginaw on the 24th of September 1819, to the mouth of said river, thence northeast to the boundary line in Lake Huron between the United States and the British Providence of Upper Canada, thence northwestwardly, following the said line, as established by the commissioners acting under the Treaty of Ghent, through the straits, and river St. Mary's, to a point in Lake Superior north of the mouth of Githcy Seebing or Chocolate River, thence south to the mouth of said river and up its channel to the source thereof, thence, in a direct line to the head of Skonawba River of Green Bay, thence down the south bank of river to its mouth, thence, in a direct line, through the ship channel into Green Bay, to the outer part thereof, thence, south to a point in Lake Michigan west of north cape, or entrance of Grand River, and thence east to the place of beginning, at the cape aforesaid, comprehending all the lands and islands, within these limits, not hereinafter reserved. Refer to map. CWD (Chronic Wasting Disease) Core Area: means the portions Ionia, Kent, Mecosta, Montcalm, and Newaygo counties that are found within the 1836 Treaty Ceded Territory. CWD Management Zone North: means the portions of Marquette and Delta counties that are found within the 1836 Treaty Ceded Territory, and such other areas identified by the Commission with notice provided to license holders. CWD Management Zone South: means the portions of Isabella, Muskegon, Ottawa, Oceana, Mason, Lake, Osceola, Clare counties that are found within the 1836 Treaty Ceded Territory, and such other areas identified by the Commission with notice provided to license holders. CITES: CITES (the Convention on International Trade in Endangered Species of Wild Fauna and Flora) is an international agreement between governments. Its aim is to ensure that international trade in specimens of wild animals and plants does not threaten their survival. CFA: means Michigan's Commercial Forest Act, Mich. Comp. Laws, § 324.51101 et seq. Commercial Purposes: means the harvesting of a natural resource in which the resource harvested, or any portion thereof, is sold, but shall not include harvesting Approved by Tribal Council: 01/11/2024 Approved by NRC: 10/25/2023 Approved by Executive: 12/22/2023 2023 1836 Ceded Territory Natural Resource Rules and Regulations REG- WOS-2013-004-122223-010 Page 2 of 58 of a natural resource for personal use. P. Cross-bow: means a device using a bow that, once drawn, is held solely by means other than the effort of the person firing it. Q. Disabled Tribal Hunter: means a person who has been diagnosed by a certified Physician to be permanently physically disabled. R. Endangered Species: means any species of wildlife or plant designated as rare or endangered by the Tribal Council, or the United States Department of the Interior pursuant to 50 C.F.R. Part 17. S. Enforcement Officer: means any Enforcement officer authorized by Tribal law or the Inland Consent Decree to enforce Tribal conservation regulations, or federal enforcement agents, including Special Agents of the U.S. Fish and Wildlife Service, or other persons deputized by the Tribal Council to enforce these regulations. T. E'weesi'ek (Game): Gaachiinhi-E'weesi'ek (small game) and M'didaa E'weesi'ek (big game). U. Feral Swine: means Swine which have lived their life or any part of their life as free roaming or not under the husbandry of humans and that there has been no claim nor attempt to retrieve the swine by the animal's owner. V. Firearm: means a weapon from which dangerous projectiles may be propelled by use of explosives, gas, or air as a means of propulsion. W. ‘Fur bearer: means fur bearing animals including coyote, red fox, gray fox, bobcat, beaver, otter, and muskrat mink, weasel, skunk, raccoon, badger, wolf, cougar, pine marten, fisher and opossum. X. Fish: means Brook Trout, Lake Trout, Splake, Brown Trout, Rainbow (Steelhead) Trout, Coho Salmon, Chinook Salmon, Atlantic Salmon, Largemouth Bass, Small Mouth Bass, Rock Bass, Walleye, Sauger, Northern Pike, Muskellunge, Tiger Muskellunge, Sturgeon, Bluegill, Sunfish, Crappie, Perch, Lake Whitefish, and Round Whitefish (Menominee), and any other species of fish now or in the future present in the Ceded Territory which may be taken for subsistence. Y. Hunt or Hunting: means the shooting, shooting at, pursuing, taking, catching, trapping, or killing any wild animal or animals. Z. Impoundment nets: means trap nets or fyke nets, which are stationary nets attached to the bottom that capture fish by guiding them into enclosures. AA. Inland Article 13 Rights: means the right to hunt (including hunting, fishing, trapping and gathering), and the other usual privileges of occupancy, secured by Article 13 of the 1836 Treaty of Washington, 7 Stat. 491, on lands and inland waters within the boundaries of the territory ceded in the 1836 Treaty. Approved by Tribal Council: 01/11/2024 Approved by NRC: 10/25/2023 Approved by Executive: 12/22/2023 2023 1836 Ceded Territory Natural Resource Rules and Regulations REG- WOS-2013-004-122223-010 Page 3 of 58 BB. CC. DD. EE. FF. GG. II. JJ. KK. MDNR: means The Michigan Department of Natural Resources, its successor entities, and those authorized persons or entities acting on its behalf. Migratory Birds: means those birds included in the terms of the convention between the United States and any other country for the protection of migratory birds and for which open seasons are prescribed in these regulations, including Ducks, Geese, Swans, Doves, Pigeons, Rails, Boots, Gallinules, Woodcock and Snipe. Muzzle-loader: means a muzzle-loading rifle, a muzzle-loading shotgun, or a black powered handgun which receives a black powder or a commercially manufactured black powered substitute charge through the muzzle, as distinguished from one which is loaded at the breech. NRC or Natural Resources Commission: means the Little Traverse Bay Bands of Odawa Indians Natural Resources Commission created by WAGANAKISING ODAWAK STATUTE 2001-04. NRD or Natural Resources Department: means The Little Traverse Bay Bands of Odawa Indians Natural Resources Department. Personal Use: means the use of natural resources for direct personal or family consumption by Tribal citizens as food, medicine, shelter, fuel, clothing, tools; or cultural, ceremonial or transportation purposes; making finished handicraft articles or barter. For purpose of this section, the term: . “Family" means all persons related by blood, marriage, or adoption, or any person living within the household on a permanent basis; and "Handicraft articles" means articles produced, decorated or fashioned in the exercise of traditional Indian handicrafts such as carving, weaving, beading, pottery, drawing or painting, without the use of mass copying devices; and "Barter" means the exchange of natural resources or parts thereof for personal uses between Tribal citizens. Physician: means a person duly licensed by any state in the United States to practice medicine or osteopathic medicine and surgery. Regulations: means these regulations including any subsequent amendments to these regulations and any separate Tribal treaty regulations enacted by a Tribe. Reptiles: means any of various cold-blooded, usually egg-laying vertebrates of the class Reptilia, such as a snake, lizard, or turtle, having an external covering of scales or horny plates and breathing by means of lungs. Roadways: means any governmental or corporate roadways including seasonal roads where vehicular traffic is not restricted and the roadway is routinely used by Approved by Tribal Council: 01/11/2024 Approved by NRC: 10/25/2023 Approved by Executive: 12/22/2023 2023 1836 Ceded Territory Natural Resource Rules and Regulations REG- WOS-2013-004-122223-010 Page 4 of 58 LL. MM. PP. QQ. SS. TT. UU. VV. the general public. Safety Zone: means any area within 150 yards (450 feet) of any occupied commercial structure, public structure, dwelling house, residence, cabin, camp, cottage, barn, or other building used in connection therewith. Limited Firearm Zone: means the area described in Appendix D of the 2007 Inland Consent Decree. Specifically, Michigan is divided into a northern rifle zone where rifles may be used for firearm deer hunting and southern shotgun zone where only shotguns, muzzle-loading rifles and certain handguns may be used. The dividing line between the northern rifle deer hunting zone and the southern shotgun zone is as follows: Starting at a point on the Lake Michigan shoreline directly west of M-46, then easterly to M-46, then easterly along M-46 to US-131 at Cedar Springs, southerly on US-131 to M-57, easterly on M-57 to Montcalm Road on the Kents Montcalm county line, southerly on Montcalm Road and the Kent-Ionia County line to M-44, easterly on M-44 to M-66, northerly on M-66 to M- 57,easterly on M-57 to M-52 near Chesaning, northerly on M-52 to M-46, easterly on M-46 to M-47, northerly on M-47 to US-10 west of Bay City, easterly on US-10 to 1-75, northerly on 1-75 and US-23 to Beaver Road (about 1 mile north of Kawkawlin), easterly to Saginaw Bay, north SO degrees east to the International Boundary. Slingshot: means a "Y" shaped device with an elastic strip at the prong, or one strip of stretchable material, with a pocket on one end, used for projecting stones or other objects. Spear: means any hand, rubber or spring propelled spear. Stream: means all rivers, streams, creeks, and flowages. Targeting: means fishing, hunting, trapping, or gathering activity, which has the effect of catching or taking a specific species or species of fish, wildlife, or plants. Threatened Species: means a species at risk of becoming endangered as determined by official action of the Tribal Council or by the United States Department of Interior. Transport or Transportation: means carrying or moving by any means, causing to be carried or moved or attempting to do so, or accepting or receiving wild animals, plants, or fish or any parts thereof. Treaty: means the March 28, 1836 Treaty of Washington with the Ottawa's, 7 Stat. 491. Tribe: means the Little Traverse Bay Bands of Odawa Indians (LTBB). Tribes: means, collectively, the Bay Mills Indian Community, the Sault Ste. Marie Tribe of Chippewa Indians, the Grand Traverse Band of Ottawa and Chippewa Indians, the Little River Band of Ottawa Indians, and the Little Approved by Tribal Council: 01/11/2024 Approved by NRC: 10/25/2023 Approved by Executive: 12/22/2023 2023 1836 Ceded Territory Natural Resource Rules and Regulations REG- WOS-2013-004-122223-010 Page 5 of 58 Traverse Bay Bands of Odawa Indians. WW. Tribal Court: means the court of the Little Traverse Bay Bands of Odawa Indians, except where the context references a Court or Hearing Body of one of the other Tribes. XX. Tribal License: means a gathering, hunting, trapping, or fishing license issued by a Tribe to Tribal citizens, which is valid and current. YY. Tribal Citizens: means enrolled citizens of the Little Traverse Bay Bands of Odawa Indians except where the context references enrolled citizens of one or more of the other Tribes. ZZ. Waters: means Inland Lakes and Streams. AAA. Wild animals: means all creatures, not human, wild by nature, endowed with sensation, and power of voluntary motion, which includes quadrupeds, mammals, birds, fish, amphibians, reptiles, crustaceans, insects, and mollusks. Il. Territorial Jurisdiction Lands and Water on Which Tribal Citizens May Exercise Inland Article 13 Rights. Tribal citizens may engage in hunting, fishing, trapping and gathering activities on lands and inland waters within the outer boundaries of the 1836 Ceded Territory pursuant to such additional requirements contained within these regulations and in accordance with the following provisions and restrictions: A. General Public Lands and Waters. 1. Lands. Tribal citizens may exercise Inland Article 13 Rights on lands that are open to the public in accordance with federal or state law for the particular activity (e.g., hunting, fishing, trapping or gathering) subject to the specie specific restrictions and provisions of these regulations. 2. Waters. Tribal citizens may exercise Inland Article 13 Rights on waters open to the public under state or federal law, including such public waters that are accessible through public rights-of-way and public road crossings or otherwise accessible to Tribal citizens by permission granted by the landowner or authorized lessee. B. LTBB Leased, Fee Simple or Reservation Trust Properties 1. LTBB Tribal lands subject to limitations are open to hunting, trapping, fishing and gathering by Tribal’ citizens (see LTBB Natural Resource Dept. for detail) and are pursuant to these Regulations. 2. All lakes, rivers, streams, and creeks accessible through public right-ae ways including but not limited to public road crossings, or otherwise assessable by a landowner's permission. 3. The geographic limits of each category of land and water, as defined in this subsection shall be determined and delineated by the Natural Resource Approved by Tribal Council: 01/11/2024 Approved by NRC: 10/25/2023 Approved by Executive: 12/22/2023 2023 1836 Ceded Territory Natural Resource Rules and Regulations REG- WOS-2013-004-122223-010 Page 6 of 58 Commission. . Members of other federally recognized Tribes and non-Indians shall not be permitted, authorized or licensed to carry out or engage in any hunting, fishing, trapping and gathering activities within LTBB leased, fee simple or Reservation trust properties. . Quiet Period Waiver —LTBB hunters are authorized to hunt the day after Labor Day through the first full weekend in January within LTBB leased, fee simple or Reservation trust properties. State, County and Municipal Parks, State Wildlife Refuges, State Wildlife Research Areas, and State Fisheries Research Areas. . The Tribal citizens hunting and fishing in such areas shall be subject to specific restrictions for each area. Contact NRD for area specific regulations. Lands and waters owned by any of the Tribes, a Tribal Citizen, or the spouse of a Tribal citizen. . Tribal citizens may engage in hunting, fishing, trapping and gathering activities on these lands and waters with permission of the owner subject to the specie specific restrictions and provisions of these regulations. Commercial Forest Act (CFA) Lands. Private lands and waters that are open or required to be open to the public under federal or state law for the particular activity, such as hunting and fishing (but not gathering) on lands enrolled in the State's CFA program shall be open to Tribal citizens subject to the following restrictions: . CFA Lands less than one-thousand (1,000) acres. The Tribe or Tribal citizens shall obtain permission from a CFA landowner in order to hunt or fish on his or her CFA lands outside State seasons or methods if the CFA landowner owns, in the aggregate, less than one-thousand (1,000) acres in the CFA program. Tribal citizens wishing to hunt outside the States seasons, upon approval of the land owner, will continue to be subject and must comply with these Tribal regulations. . CFA lands over one-thousand (1,000) acres. The Tribes or their citizens will not her CFA lands outside State seasons or methods if the CFA landowner owns, in the aggregate, more than one-thousand (1,000) acres in the CFA program. Tribal citizen hunting and fishing on these lands will solely be subject to these regulations. . Limiting Access. The generally applicable provisions of the CFA program allowing CFA landowners to limit access to CFA lands subject to active timber harvesting operations shall apply to hunting and fishing by Tribal citizens on CFA lands. . Vehicle use. Nothing herein shall be construed to authorize the use of snowmobiles, all-terrain vehicles, or other motor vehicles on CFA lands if such use is otherwise prohibited under applicable law. Approved by Tribal Council: 01/11/2024 Approved by NRC: 10/25/2023 Approved by Executive: 12/22/2023 2023 1836 Ceded Territory Natural Resource Rules and Regulations REG- WOS-2013-004-122223-010 Page 7 of 58 IV. Permission shall not be required to hunt or fish on any CFA lands, regardless of size or total ownership, during State seasons and with the use of State approved methods. Private lands and waters owned by non-Tribal citizens. Tribal citizens may hunt, trap, fish or gather on private property subject to provisions and restrictions below: Permission. Tribal citizens shall be required to possess written evidence of permission from the landowner or authorized lessee, or the name and phone number of the landowner or authorized lessee from whom they obtained permission. Except that during State seasons, permission shall be implied on lands and waters open to the public for hunting and fishing under the Michigan Recreational Trespass Act, as now in force or hereafter amended. Hunting and Trapping. The Tribal citizens' hunting and trapping activities on private lands and waters shall be restricted to the seasons and methods available to State of Michigan hunters and trappers. Except that the Tribe may issue subsistence, ceremonial or nuisance permits, which shall be limited in number. Fishing. Tribal citizens may engage in fishing activities on these waters subject to the species-specific restrictions and provisions as contained within these regulations. Privately-owned Bottom lands. Tribal citizens exercising fishing rights shall not place impoundment nets on privately owned bottom lands if doing so is in violation of the Michigan common law riparian rights of the private bottom land owner. Special Use Permits/Licenses. In reviewing and taking action on a request for any Special Use Permit, the Tribe shall take into account the biological impact of the harvest, and the Permit shall include such terms and conditions as may be necessary to protect the resource and ensure compliance with all applicable law. Disabled Tribal Hunter Permits. The Natural Resources Department may issue a Disabled Tribal Hunter permit to discharge a firearm, bow or cross-bow from a stationary motor vehicle within a roadway other than a state or federal highway to a Tribal citizen who is permanently physically unable to walk without crutches, braces, or other mechanical support as verified by a Physician. The holder of sucha permit must shoot away from and not across the roadway. Any person may assist a Tribal citizen holding a Disabled Hunter's Permit, but shall not hunt or carry a firearm or bow unless authorized to do so by Tribal or Michigan law. Special Needs Subsistence/Ceremonial Permit. Tribal citizens with special needs may request a permit from the Natural Resources Department to harvest or otherwise take resources which may otherwise be regulated or prevented by other sections of these regulations. The criteria for a Special Needs Permit include, but are not limited to, religious or ceremonial use in accordance with the traditions and customs of the Tribe, personal/family hardship, and traditional feasts, ceremonies or celebrations. The Tribal citizens shall have a valid tribal license and request a Special Needs Permit (and associated tags as may be necessary) in writing. A Approved by Tribal Council: 01/11/2024 Approved by NRC: 10/25/2023 Approved by Executive: 12/22/2023 2023 1836 Ceded Territory Natural Resource Rules and Regulations REG- WOS-2013-004-122223-010 Page 8 of 58 Tribal citizen with a Special Needs Permit may use the services of another properly licensed Tribal citizen to harvest an animal for them, in which case both the permittee and helper must be named on the permit. C. Road Kill Special Use Permit. If a Tribal citizen accidentally strikes and mortally wounds a regulated species while driving a motor vehicle or comes upon a fresh road kill of such animal, the Tribal citizen shall report the finding as soon as possible to the Natural Resource Department or local law enforcement agency. The Enforcement Officer may then authorize the issuance of a Special Use Permit to allow the Tribal citizen to take and use such animal as long as such issuance is otherwise lawful. D. Special Needs General Permit Zone. 1. All lands and waters within the boundaries as set out in Article I, paragraphs third and fourth of the 1855 Treaty of Detroit, 11 Stat. 621, plus any lands set out in Articles Second and Third of the Treaty of March 28, 1836, 7 Stat. 491, in the event that those lands extend beyond the boundary included within the 1855 Treaty of Detroit, plus any lands outside of those boundaries which are now or in the future declared to be Little Traverse Bay Bands of Odawa Indians reservation by the U.S. Department of the Interior 2. Private Property- LTBB hunters are authorized to hunt the day after Labor Day through the first full weekend in January and to use weapon of choice on private lands with the land owner's permission on lands within the Special Needs General Permit Zone. 3. Quiet Period Waiver — LTBB hunters are authorized to hunt the day after Labor Day through the first full weekend in January within Special Needs General Permit Zone. V. Hunting Regulations. Hunting License. Any Tribal citizen ten (10) years of age or older, who hunts within the Ceded Territory while having under his/her control or immediate possession any firearm, bow and arrow, cross-bow, slingshot, or any other device capable of killing or restraining fur bearers or E'weesi'ek (game) shall have in his/her possession a valid and current Tribal license. B. Hunters Safety Course. 1. Any Tribal citizen born after January O1, 1988 who applies for a Tribal License to hunt any Gaachiinhi-Eweesi'ek (small game), M'didaa-E'weesi'ek (big game), migratory bird, or fur bearer shall either produce a previous license to hunt or trap from a Tribe or other lawful issuing agent within the state of Michigan or have successfully passed a recognized Hunter Safety Course. 2. International Bow Education Program. Tribal citizens interested in bow hunting only may submit evidence of having successfully passed a recognized International Bow Education Program to satisfy the required hunter safety requirement above for Approved by Tribal Council: 01/11/2024 Approved by NRC: 10/25/2023 Approved by Executive: 12/22/2023 2023 1836 Ceded Territory Natural Resource Rules and Regulations REG- WOS-2013-004-122223-010 Page 9 of 58 use of archery equipment only. Age Limits. . No Tribal citizen less than ten (10) years of age shall be allowed to possess a Tribal License to hunt. It shall be unlawful for a Tribal citizen under ten (10) years old to hunt. A Tribal citizen must be at least ten (10) years of age to hunt Gaachiinhi E'weesi'ek (small game), migratory birds, turkey, or big game with a bow. A Tribal citizen must be at least twelve (12) years of age to hunt M'didaa E'weesi'ek (big game) with a firearm. Any Tribal citizen between the ages of ten (10) and sixteen (16) years of age, while hunting with a firearm shall be under immediate control (within sight and direct voice contact) of an adult who shall have in his/her possession a valid Tribal or State License. Transport/Harvest Tags. In addition to the Tribal license required by this section, a Tribal citizen shall be required to obtain and have in their possession annual transport/harvest tags/permits in order to harvest certain species. . Annual harvest/transport tags shall be obtained from the Tribe in advance in order to harvest Deer, Bear, Elk, and Black Lake Sturgeon and Walleye or Steelhead depending on the season and method of harvest (see Walleye and Steelhead sections). Harvest/transport tags shall be completely filled out and affixed immediately to harvested animals and shall remain affixed during transport of the E'weesi'ek (game) or fish. Animals requiring tags. The required tag shall remain affixed to the animal from harvest through completion of processing. Upon the harvest of a Bear, the holder of valid bear harvest tag shall immediately attach the harvest tag to the Bear. The tag shall remain attached until the bear is Approved by NRC: 11-09-22 VI. 3. registered and sealed. The Bear must be registered within seventy-two (72) hours of the kill. Hunting - General Provisions. Artificial Light. The use of Artificial light is limited to the hunting of Fox, Raccoon, Coyote, Opossum. And/or To the hunting of Deer from elevated platforms only and only within the CWD Core Area. It is a violation of federal law to shine at any time on any National Wildlife Refuge. Approved by Tribal Council: 01/11/2024 Approved by NRC: 10/25/2023 Approved by Executive: 12/22/2023 2023 1836 Ceded Territory Natural Resource Rules and Regulations REG- WOS-2013-004-122223-010 Page 10 of 58 B. Possession. . A legal and current License or Special Use Permit and any tags or permits (as may be necessary) shall be required and on their person to take, transport, or possess any fish, E'weesi'ek (game), furs, plants, hides, amphibians or reptiles, or auxiliary parts thereof within the Ceded Territory and for the purpose of possessing or using firearms, bows, or trapping devices in the course thereof, provided however, that nothing herein contained shall be construed to allow the violation of any other provisions of Tribal law relating to the possession or use of any regulated gear. . Animals requiring tags. The required tag shall remain affixed to the animal from harvest through completion of processing. Transportation. Fur bearers, M'didaa-E'weesi'ek (big game}, or Gaachiinhi Eweesi'ek (small game) lawfully taken by licensed Tribal citizens may be transported within or outside of the Ceded Territory provided that the Tribal citizen shall have a valid and current Tribal license in possession. The transported E'weesi'ek (game) (that requires a tag) must be tagged upon harvest with a transport/harvest tag containing all necessary information required. Shooting Hours. . The shooting hour(s) are one half (Yi) hour before sunrise to one half (Yi) hour after sunset Eastern Standard Time (EST) excluding the hunting of migratory birds. . The hunting of Fox, Raccoon, Coyote and Opossum with the aid of artificial light is permitted after sunset . The hunting of Deer from elevated platforms only and only within the CWD Core Area with the aid of artificial light is permitted after sunset Pursuit with Vehicles. It shall be unlawful to hunt or pursue any E'weesi'ek (game) with automobile, motorcycle, ORV, airplane, snowmobile, motorboat, or any other motorized or wind powered vehicle or boat. Harmful Substances. No fur bearer, migratory birds, Gaachiinhi-Eweesi'ek (small game), or M'didaa-E'weesi'ek (big game) may be lawfully taken by use of explosive, live decoys, pitfalls, drugs, poisons, medicated bait, or other harmful or stupefying substances. Trapping M'didaa-E'weesi'ek (big game). It shall be unlawful to trap or snare M'didaa-E'weesi'ek (big game) animals. Shooting of animals while in the water. It shall be unlawful to shoot M'didaa E'weesi'ekmiinwa (big game), Gaachiinhi-E'weesi'ek (small game) or fur bearers while they are swimming. Transportation of firearms, Bows, Cross-bows, Airbows and Muzzle-loaders. . A Tribal citizen may not transport firearms or Airbow in any motorized vehicle within the Ceded Territory unless they are; 1) unloaded and in a case expressly Approved by Tribal Council: 01/11/2024 Approved by NRC: 10/25/2023 Approved by Executive: 12/22/2023 2023 1836 Ceded Territory Natural Resource Rules and Regulations REG- WOS-2013-004-122223-010 Page 11 of 58 K. made to contain a firearm or airbow, and the case fully encloses the firearm or airbow being zipped, snapped, buckled, tied, or otherwise fastened, and without any portion of the firearm or airbow exposed; or 2) unloaded and in the closed trunk of a motor vehicle and not accessible from the driver and passenger compartment of the vehicle; or 3) if a handgun, the following criteria apply: a) While in the field, handguns must be carried in plain view. Carrying a handgun in a holster in plain view is permitted. b) You may transport your handguns while enroute to and from your hunting area, however, handguns, including BB guns larger than .177 caliber and all pellet guns must be unloaded and carried in a container or wrapped in the trunk of the vehicle. If the vehicle does not have a trunk, the handgun must be unloaded and carried in a container or wrapped and cannot be readily accessible to any occupant of the vehicle. Exception: These rules do not apply to pistols carried under the authority of a concealed pistol license. . A Tribal citizen may not transport an archery bow or cross-bow in motor vehicle unless the bow is; 1) unstrung; or 2) completely contained in a case expressly made to contain it; or 3) in the closed trunk of a motor vehicle and not accessible from the driver and passenger compartment of the vehicle. . A Tribal citizen may not transport a muzzle-loader rifle in a motor vehicle unless the muzzle-loader is 1) with the cap removed and completely contained in a case expressly made to contain it; or 2) unloaded and in the closed trunk of a motor vehicle and not accessible from the driver and passenger compartment of the vehicle. Discharging Firearms, Bows, Cross-bows, Airbows and Muzzles loaders. . A Tribal citizen may not discharge a firearm, bow, cross-bow, airbow or muzzle- loader, over across, or down a roadway including seasonal roads. It shall be unlawful to discharge any firearm, arrow, or projectile from a motorized vehicle. Provided, however, that it is lawful to shoot from a motorized boat as long as the motor is not running and forward momentum has ceased, except for forward motion caused by the water or wind current. Tribal citizens with valid disabled hunter permits may hunt from standing motorized vehicles. . No person shall discharge a firearm, muzzle-loader, bow, airbow, or cross- bow or shoot at any wild animal or bird within a safety zone, as defined in these regulations without being the owner or occupant of the safety zone property or having permission of the owner or occupant of the safety zone property. Exception: This provision shall not apply to indoor or outdoor shooting ranges, target shooting, or law enforcement activities. However, this provision does not exempt persons from any applicable city, village, township, tribal or any other municipal laws or regulations that may restrict the discharge of firearms, muzzle-loaders, cross» bows, or bows. Harassment of Hunters. It shall be unlawful to harass, impede, or interfere with any legally licensed hunter. Approved by Tribal Council: 01/11/2024 Approved by NRC: 10/25/2023 Approved by Executive: 12/22/2023 2023 1836 Ceded Territory Natural Resource Rules and Regulations REG- WOS-2013-004-122223-010 Page 12 of 58 VII. Hunting Restrictions. A. Artificial Light. 1. Artificial light shall not be used to hunt except for the hunting of fox, raccoon, coyote, opossum or the hunting of Deer from elevated platforms only and only within the CWD Core Area. 2. It is a violation of federal law to shine at any time within any National Wildlife Refuge. B. Automatic & Semi-automatic Weapons. 1. Fully automatic firearms are at no time to be used in hunting, pursuing or killing of wild animals, or be in possession of, in an area frequented by wild animals. 2. It shall be unlawful to possess afield any semi-automatic shotgun, center fire rifle or handgun of .223 caliber or larger capable of holding more than six (6) shells in both the chamber or magazine combined while actively hunting. 3. No Tribal citizen shall use in hunting, pursuing or killing a wild animal, or be in possession of while actively hunting cartridges containing either tracer or exploding bullets. 4. All shotguns used for migratory birds (including Woodcock) must be plugged so the total capacity of the shotgun does not exceed three shells. Cc. Firearm Limitations. 1. Any firearm used in hunting M'didaa-E'weesi'ek (big game) must be a center fire rifle of .223 caliber or larger, muzzle-loader of .40 caliber or larger, or shotgun using slug or buckshot except that Elk must be of .25 caliber or larger and no buck shot may be used. 2. Any firearm used in hunting Wild turkey must be a shotgun, or muzzle-loading shotgun using number four (#4) shot or smaller or a rim fire rifle of .222 caliber or smaller. D. Bow and Arrow Limitations. Bow and arrow, crossbow and airbow may be used to hunt both Gaachiinhi-E'weesi'ek (small game), geese, mute swan and M'didaa- E'weesi'ek (big game) provided that a broad head with a cutting surface of at least one-inch (1") diameter shall be used to hunt M'didaa-E'weesi'ek (big game) including Wild Turkey. E. Silencers. No Tribal citizen shall use, or be in possession of, a device or apparatus known as a silencer. F. Hunting from Elevated Platforms. Tribal citizens may hunt M' didaae E'weesi'ek (big game), Gaachiinhi-E'weesi'ek (small game), or fur bearers, from a tree or portable raised platform. Approved by Tribal Council: 01/11/2024 Approved by NRC: 10/25/2023 Approved by Executive: 12/22/2023 2023 1836 Ceded Territory Natural Resource Rules and Regulations REG- WOS-2013-004-122223-010 Page 13 of 58 G. Hunting Blinds. Tribal citizens may use Hunting blinds on Public and Tribal land subject to the following provisions: 1. Marking of Raised Hunting Platforms and Ground Blinds - All raised platforms and ground blinds constructed from non-native, processed materials and erected or used on Public and Tribal lands must have the users name and Tribal Hunting license number permanently affixed in legible English letters a minimum of 2" high. Your name on a tree stand or ground blind on Public land does not guarantee exclusive use. 2. Non-portable deer ground blinds utilizing man-made materials shall be prohibited on State lands prior to September 1. 3. All blinds utilizing man-made materials shall be removed from State lands within ten (10) days of the end of the deer season. 4. Non-portable ground blinds utilizing man-made materials shall be prohibited in State Parks. 5. All portable blinds shall be removed from State land at the end of each day's hunt unless marked in accordance with these regulations. 6. Use of Nails, Screws or Bolts to Secure Raised Platforms or Ground Blinds. Raised hunting platforms and/or ground blinds whether made of natural or man-made materials erected or used on public lands shall not be affixed or attached to any tree by nails, screws, bolts or any item that penetrates through the bark of a tree. Exception, a'"T" bolt or similar device supplied by a tree stand manufacturer for safety purposes may be used. H. Driving Wildlife. It shall be unlawful to set or use fire to drive wild animals or to attempt to take wild animals. I. Baiting. 1. It shall be unlawful to possess or use Natural Cervix Urine-Based Lures and Attractants while hunting or trapping game species anywhere in the 1836 Ceded Territory. 2. It shall be unlawful to use grains, fruits, vegetables, salts, minerals or any other materials to attract, lure or entice Elk as an aid to hunting. 3. It shall be unlawful to use grains, fruits, vegetables, salts or minerals to aid in the taking of Deer or Bear in any TB {Tuberculosis) prevention zones or within the CWD Core Area or CWD Management zones. 4. It shall be lawful to use synthetic cervid urine-based lures and attractants or natural cervid urine-based lures or attractants that are labeled with the official ATA (Archery Trade Association) Seal of Participation. 5. It shall be lawful to use grains, fruits, vegetables, salts or minerals to aid in the Approved by Tribal Council: 01/11/2024 Approved by NRC: 10/25/2023 Approved by Executive: 12/22/2023 2023 1836 Ceded Territory Natural Resource Rules and Regulations REG- WOS-2013-004-122223-010 Page 14 of 58 L. 10. 11. taking of Deer or Bear. Baiting with use of grains, fruits, vegetables, salts or any other minerals is limited to five (5) gallons dispersed over a one-hundred (100) square foot radius at any given time. It shall be lawful to use meat, meat products (including but not limited to dog food), fish, fish products (including but not limited to cat food), bakery/confectionery product (non-chocolate based only) and any other natural or man-made sent lures or attractants to aid in the taking of Bear. Baiting for Bear shall be limited to July 1 through October 26. All containers used to carry bait to the site must be removed from the site by the end of season. No drugs or poisons shall be used. It shall be unlawful to use chocolate or cocoa products. Hunting M'didaa-E'weesi'ek (big game) with Dogs. . It shall be unlawful to hunt Deer, Elk, Moose or Wild Turkey with dogs, except that it shall be legal to hunt Wild Turkey with dogs during the fall season. It shall be legal to use leashed dogs to track wounded Deer. Dogs may be used to hunt Bear provided that no more than six dogs per pack are used and that if relaying no more than six dogs shall be used. It is unlawful to train on a captive, tethered or caged Bear. It is unlawful to train dogs on Bear or other wild animals from April 16 through July 7. Dogs may not be deployed or used to pursue bear before one-half hour before sunrise or one-half hour after sunset. All dogs shall be currently immunized and licensed with proof of ownership. Proof of which shall be provided when requested by NRD staff or Conservation Law Enforcement. Hunters Orange. It shall be unlawful to hunt or trap with a firearm on any lands during daylight hunting hours unless one (1) square foot of hunter's orange or florescent pink is worn and visible from all sides. This does not apply to persons hunting Waterfowl, Crow, Wild Turkey, or Predators, or to bow hunters. Registering of Hides. All Bobcat, Fisher, Marten or Otter harvested shall be presented to a biological staff of the Natural Resources Department for inspection Approved by Tribal Council: 01/11/2024 Approved by NRC: 10/25/2023 Approved by Executive: 12/22/2023 2023 1836 Ceded Territory Natural Resource Rules and Regulations REG- WOS-2013-004-122223-010 Page 15 of 58 and registration within two weeks of the close of the season harvested (Tribal citizens are strongly encouraged to call ahead to determine the availability of Tribal staff or make arrangements to register animals outside of normal business hours) All CITES applicable animals will be tagged in accordance with federal law. Possession of on-registered fur bearers. It shall be unlawful to possess or transport a raw (un-processed/not tanned) un-registered (not sealed) Bobcat, Fisher, Marten or Otter after the required registration date. Federal Laws on Hides. All Federal laws and regulations regarding the identification, sale, and transportation of hides, furs or pelts of any fur bearer apply to the identification, sale or transportation under Federal Regulations. All shipments of raw hides or furs must be plainly marked on the outside of the package as to the contents. If you wish to export Bobcat or Otter hides from the United States, you will need to obtain a CITES permit. For details, contact the Natural Resource Department. Hunting While Under the Influence. It shall be unlawful to hunt or attempt to hunt while under the influence of alcohol or controlled substances. Individuals suspected of being under the influence will be required to pass a field sobriety test(s) administered by authorized law enforcement officer. Failure to pass or take the sobriety test shall result in termination of hunt. Possession of Open Container. It shall be unlawful to be in possession of open containers of alcohol while actively hunting. Recreational Trespass. . Except as provided in subsection 4, a person shall not enter or remain upon the property of another person, other than farm property or a wooded area connected to farm property, to engage in any recreational activity or trapping on that property without the consent of the owner or his or her lessee or agent, if either of the following circumstances exists: a) The property is fenced or enclosed and is maintained in such a manner as to exclude intruders. b) The property is posted in a conspicuous manner against entry. The minimum letter height on the posting signs shall be I inch. Each posting sign shall be not less than 50 square inches, and the signs shall be spaced to enable a person to observe not less than I sign at any point of entry upon the property. . Except as provided in subsection 4, a person shall not enter or remain upon farm property or a wooded area connected to farm property for any recreational activity or trapping without the consent of the owner or his or her lessee or agent, whether or not the farm property or wooded area connected to farm property is fenced, enclosed, or posted. . On fenced or posted property or farm property, a fisherman wading or floating a navigable public stream may, without written or oral consent, enter upon property Approved by Tribal Council: 01/11/2024 Approved by NRC: 10/25/2023 Approved by Executive: 12/22/2023 2023 1836 Ceded Territory Natural Resource Rules and Regulations REG- WOS-2013-004-122223-010 Page 16 of 58 within the clearly defined banks of the stream or, without damaging farm products, walk a route as closely proximate to the clearly defined bank as possible when necessary to avoid a natural or artificial hazard or obstruction, including, but not limited to, a dam, deep hole, or a fence or other exercise of ownership by the riparian owner. 4. A person other than a person possessing a firearm may, unless previously prohibited in writing or orally by the property owner or his or her lessee or agent, enter on foot upon the property of another person for the sole purpose of retrieving a hunting dog. The person shall not remain on the property beyond the reasonable time necessary to retrieve the dog. The burden of showing that the property owner or his or her lessee or agent previously prohibited entry under this subsection is on the plaintiff or prosecuting attorney, respectively. 5. Consent to enter or remain upon the property of another person pursuant to this section may be given orally or in writing. The consent may establish conditions for entering or remaining upon that property. Unless prohibited in the written consent, a written consent may be amended or revoked orally. If the owner or his or her lessee or agent requires all persons entering or remaining upon the property to have written consent, the presence of the person on the property without written consent is prima facie evidence of unlawful entry. 6. Discharging firearm within right-of-way of public highway abutting certain Property: a) Apperson shall not discharge a firearm within the right-of-way of a roadway adjoining or abutting any platted property, fenced, enclosed, or posted property, farm property, or a wooded area connected to farm property without the consent of the owner of the abutting property or his or her lessee or agent. R. Limited Firearm Zone. In the limited firearm zone, all Tribal hunters afield from November 15 through 30, and all Tribal deer hunters in this zone during other deer seasons, must use a bow and arrow (includes cross-bow), airbow or abide by the following firearm restrictions: 1. A shotgun may have a smooth or rifled barrel and may be of any gauge. 2. A muzzle-loading rifle or black powder handgun must be loaded with black powder or a commercially manufactured black powder substitute. 3. A conventional (smokeless powder) handgun must be .35 caliber or larger and loaded with straight-walled cartridges and may be single or multiple shot but cannot exceed a maximum capacity of six rounds in the barrel and magazine combined. 4. 35 caliber or larger rifles loaded with straight-walled cartridges with a minimum case length of 1.16 inches and a maximum case length of 1.8 inches 5. Exception: .22 caliber or smaller rim-fire rifles and handguns may be used to kill raccoon while hunting raccoons with dogs between the hours of 7 p.m. and 6 a.m. Approved by Tribal Council: 01/11/2024 Approved by NRC: 10/25/2023 Approved by Executive: 12/22/2023 2023 1836 Ceded Territory Natural Resource Rules and Regulations REG- WOS-2013-004-122223-010 Page 17 of 58 VIII. Hunting Season and Bag Limits. A. Gaachiinhi-E'weesi'ek (small game). 1. Season - September 1 through April 1. 2. Crow- no closed season 3. Bag limits -A limit often (10) of each species per day and a possession in transport limit of no more than two (2) days' limit per licensee. 4. Crow- no bag limit B. Deer - Harvest Permit Required. No Tribal citizen shall hunt deer without possessing a valid deer harvest tag issued by the Tribe. 1. Seasons a) Bow Cross-bow and Airbow. Day after Labor Day through the Sunday of the first full weekend in January. b) Firearm. i. Early Season - Day after Labor Day through October 31. ii. Late Season. November15 through the Sunday of the first full weekend in January. iii. Quiet Period. No firearms may be used to huntdeer from November 1st through November 14th. iv. Quiet Period Waiver — LTBB hunters are authorized to hunt the day after Labor Day through the first full weekend in January within Special Needs General Permit Zone. 2. Bag limits. a) Antlered Deer. A limit of two (2) antlered Deer (bucks) with three-inch (3") antler per Tribal hunter per year. b) Antlerless Deer. A limit of ten (10) antlerless Deer (does) per Tribal hunter per year. c) Early Firearm Season. During the Early Firearm Season each Tribal citizen shall be limited to a firearm bag limit of two (2) Deer, no more than one (1) of which may be antlered. d) The Tribal hunter may harvest the Deer with a bow and arrow, airbow, crossbow, rifle, shotgun or muzzle-loader. 3. Special Needs General Permit Zone. Approved by Tribal Council: 01/11/2024 Approved by NRC: 10/25/2023 Approved by Executive: 12/22/2023 2023 1836 Ceded Territory Natural Resource Rules and Regulations REG- WOS-2013-004-122223-010 Page 18 of 58 a) All lands and waters within the boundaries as set out in Article I, paragraphs third and fourth of the 1855 Treaty of Detroit, 11 Stat. 621, plus any lands set out in Articles Second and Third of the Treaty of March 28, 1836, 7 Stat. 491, in the event that those lands extend beyond the boundary included within the 1855 Treaty of Detroit, plus any lands outside of those boundaries which are now or in the future declared to be Little Traverse Bay Bands of Odawa Indians reservation by the U.S. Department of the Interior b) Private Property- LTBB hunters are authorized to hunt the day after Labor Day through the first full weekend in January and to use weapon of choice on private lands with the land owner's permission on lands within the Special Needs General Permit Zone. c) Quiet Period Waiver — LTBB hunters are authorized to hunt the day after Labor Day through the first full weekend in January within Special Needs General Permit Zone. 4. Chronic Wasting Disease (CWD) a) General Regulations: Harvest Limits-There shall be no bag limit or sex limit placed on Licensed LTBB hunters harvesting deer from the CWD Core Area or CWD Management zone. Any animal taken under this section must be submitted to the nearest designated MDNR or Tribal CWD testing drop off location within 24 hrs. of harvest. 5. Sick Deer. Licensed LTBB hunters are authorized to shoot a sick or emaciated deer in accordance with lawful hunting methods and regulations including recognition of private property rights. Any animal taken under this section must be submitted to a designated MDNR or Tribal CWD testing drop off location within 24 hrs. of harvest. 6. Private Property-Licensed LTBB hunters are authorized to hunt the day after Labor Day through the first full weekend in January and to use weapon of choice on private lands with the land owner's permission on lands within the CWD Core Area or CWD Management zone. 7. Quiet Period Waiver- Licensed LTBB hunters are authorized to hunt day after Labor Day through the first full weekend in January within CWD Core Area or CWD Management zone. 8. Artificial Light- The use of artificial light is lawful but only limited to the hunting of deer from elevated platforms within the CWD Core area. 9. Shooting Hours-The hunting of deer from elevated platforms only and only within the CWD Core area is lawful after sunset. 10. Management Hunts- The LTBB NRC reserves the right to authorize disease management hunt(s) which may include methods or seasons outside of currently approved methods/seasons where additional harvest is deemed necessary to meet Approved by Tribal Council: 01/11/2024 Approved by NRC: 10/25/2023 Approved by Executive: 12/22/2023 2023 1836 Ceded Territory Natural Resource Rules and Regulations REG- WOS-2013-004-122223-010 Page 19 of 58 C. D. disease management objectives. 11. Disease Control Permits- The LTBB NRC may issue disease control permits to tribal members as needed in accordance with disease management objectives. a) It shall be unlawful to: 1. li. lil. iv. Attractants- possess or use Natural Cervix Urine-Based Lures and Attractants while hunting or trapping game species anywhere in the 1836 Ceded Territory. Only synthetic cervid urine-based lures and attractants or natural cervid urine-based lures or attractants that are labeled with the official ATA (Archery Trade Association) Seal of Participation are legal use. Carcass Transport-to transport deer carcasses out of the CWD Core Area or CWD Management zone unless it is deboned meat, quarters or other parts of a deer that do not have any part of the spinal column or head attached, antlers, antlers attached to a skull cap cleaned of all brain and muscle tissue, hides, upper canine teeth, or a finished taxidermist mount, and the head has been submitted for testing at a designated MDNR or Tribal CWD testing drop off location within 24 hours of harvesting the deer. Disposal- dispose of bones, hide and other associated parts in such a manner that they available to spread by wild animals from deer that have tested positive for CWD. Bones, hide and other associated parts from CWD deer shall be buried or landfilled. Testing- fail to submit the head of a deer harvested from within the CWD Core Area or CWD Management zone to a designated MDNR or Tribal CWD testing drop off location within 24 hrs. of harvest. a) Fall Season - September 15 through November 14. b) Spring Season -April 15 through June 15. a) Fall - two (2) birds of either sex. b) Spring - two (2) adult males with a visible beard. Wild Turkey. 1. Seasons. 2. Bag limits. Bear 1. Season: The first Tuesday after Labor Day through October 26. Approved by Tribal Council: 01/11/2024 Approved by NRC: 10/25/2023 Approved by Executive: 12/22/2023 2023 1836 Ceded Territory Natural Resource Rules and Regulations REG- WOS-2013-004-122223-010 Page 20 of 58 2. Applications. Tribal citizens interested in harvesting bear must apply for a harvest tag. Bear tag/permit application period is January 1 through July 1. Tribal citizens must fill out an application that indicates the top three (3) management units there are interested in hunting. Tribal citizens will be issued one tag at a time. Tribal citizens who successfully harvest a Bear may request an additional tag if excess tags are available after the application deadline. 3. Harvest Permit Required - No Tribal citizen shall hunt Bear without possessing a valid Bear Harvest Tag issued by the Tribe. 4. Upon the harvest of a Bear, the holder of valid bear harvest tag shall immediately attach the harvest tag to the Bear. The tag shall remain attached until the bear is registered and sealed. The Bear must be registered within seventy-two (72) hours of the kill. 5. Permits shall be restricted to stated geographic boundaries. No Tribal member shall engage in hunting for bear outside the geographic area designated on their Bear Permit. 6. It is unlawful to take a bear from a den. 7. Tribal members may use bait subject to the following. a) It shall be lawful to use meat, meat products (including but not limited to dog food), fish, fish products (including but not limited to cat food), bakery/confectionery product (non-chocolate based only) and any other natural or mane made sent lures or attractants to aid in the taking of bear; b) Bear Bait may he used from July 1 lo October 26; c) It shall be unlawful to use chocolate or cocoa products d) Bait may be hung from a tree or placed on the ground; e) Use of Containers. i. Bait may be placed in a barrel or other container Intended to hold bait so long as the barrel or container is fastened to a tree or other immovable object in a manner that prohibits a bear from carrying off the barrel or container away from the bailing site; f) The container must have the users name and Tribal Hunting License number permanently affixed in legible English letters a minimum of 2” high. It shall be unlawful to use grains, fruits, vegetables, salts or minerals to aid in the taking of Deer or Bear in any TB (Tuberculosis) prevention zones or within the CWD Core Area or CWD Management zones. 8. Upon the harvest of a Bear, the holder of valid Bear Harvest Tag shall immediately attach the harvest tag to the Bear. The tag shall remain attached until the bear is registered and sealed. Approved by Tribal Council: 01/11/2024 Approved by NRC: 10/25/2023 Approved by Executive: 12/22/2023 2023 1836 Ceded Territory Natural Resource Rules and Regulations REG- WOS-2013-004-122223-010 Page 21 of 58 10. 11. 12. 13. 14. 7. All harvested bears shall be registered by LTBB, another 1836 Treaty of Washington signatory Tribe or at designated MDNR registration stations within seventy-two (72) hours of harvest. Containers used to transport bait to a baiting site must be removed from the baiting site, and disposed of properly. Ceremonial Harvest. A limited number of bears may be harvested outside of the seasons above for ceremonial purposes via special use permit. Tribal citizens interested in such harvest must apply for a special use permit before harvest It is unlawful to take a cub or a sow accompanied by a cub. A cub bear (a bear less than one year of age, typically less than 60lbs and under 2 feet at the shoulders when on all four legs), or a bear in the visible vicinity of a cub(s). No Tribal member may disturb a bear den or harass a bear in its den. Please reference hunting with dogs' section. Elk Seasons. Elk seasons will be determined on an annual basis. Contact the Natural Resource Department for specifics. Elk Harvest Permit Required - No Tribal citizen shall hunt Elk without possessing a valid Elk Harvest Tag issued by the Tribe. Tribal citizens shall only be eligible to obtain one (1) per five years. Applications. Tribal citizens interested in harvesting Elk must apply for a harvest tag. Tribal citizens must indicate the top three management units they are interested in hunting. Tags will be issued via lottery. Elk Tag/Permit application period is January 1 through June 1. Successful applicants must wait a minimum of five years before reapplying. (put down below) Elk harvest permit conditions. It shall be unlawful for a successful applicant to violate any of the conditions of the Elk Harvest Permit, including but not limited reporting harvest and participating in the collection of biological data. Mandatory elk hunt orientation. Successful applicants must attend a half-day training session before their scheduled hunt. The location of the sessions will be provided to successful applicants. The training session will cover Hunter Safety, Elk Behavior, Marksmanship, Carcass Handling, Hunting Rules and Regulations, Hunting Tips, and recommended hunt locations. No Tribal citizen shall hunt Elk without possessing a valid Elk Harvest Tag issued by the Tribe. Tribal citizens shall only be eligible to obtain one (1) Elk Harvest Tag per five Approved by Tribal Council: 01/11/2024 Approved by NRC: 10/25/2023 Approved by Executive: 12/22/2023 2023 1836 Ceded Territory Natural Resource Rules and Regulations REG- WOS-2013-004-122223-010 Page 22 of 58 IX. 10. 11. 12. years. Tribal members must participate in the collection of biological data. A Tribal member shall not hunt elk without having on their person a valid elk harvest tag. No Tribal member shall engage in hunting for elk outside the geographic area designated by the NRC. Any Tribal member who draws an elk tag pursuant to these regulations shall be prohibited from entering the elk tag lottery for a period of five years commencing from the date of the draw in which the tribal member drew an Elk tag. It shall be unlawful to use grains, fruits, vegetables, salts, minerals or any other materials to attract, lure or entice Elk as an aid to hunting. Feral swine. Season No closed season and no bag limit. Fur bearers Hunting Seasons. . Bobcat - October 1 through March 1. Beaver, Badger, mink and Otter. a) Lower Peninsula. October 1 through March 1 in Norther Lower Michigan. b) Upper Peninsula. October 1 through March 15 in the Upper Peninsula. . Red Fox, Gray Fox, and Badger- October 1 through March 1 in Northern Lower Michigan, October 1 through March 15 in the Upper Peninsula. Marten and Fisher- October 1 through March 15 in the Upper Peninsula only. Raccoon - No closed season. Coyote - No closed season. Cougar, Lynx, Fisher, Wolf, * No open season. Other furbearers not listed - No closed season Bag limits. . Upper Peninsula. a) Otter, Badger, Pine Marten, and Fisher- three (3) per season, Pine Marten and Approved by Tribal Council: 01/11/2024 Approved by NRC: 10/25/2023 Approved by Executive: 12/22/2023 2023 1836 Ceded Territory Natural Resource Rules and Regulations REG- WOS-2013-004-122223-010 Page 23 of 58 Fisher may only be harvested from the Upper Peninsula of Michigan. b) Bobcat-two (2) per season. 2. Lower Peninsula. a) Bobcat- one (1) per season. 3. The combined bag limits for Hunting/Trapping harvest shall not exceed three (3) bobcat, otter, badger, pine marten or fisher. 4. All other species have no bag limit. X. Trapping A. Trapping License. Any Tribal citizen ten (10) years or older who traps, while having under his/her control or immediate possession any firearm, bow and arrow, slingshot, trapping apparatus, or any other device capable of killing or restraining fur bearers or game, shall have in his/her possession a valid Tribal trapping license. B. Age Limits. 1. Any Tribal citizen ten (10) years of age or older who traps within the Ceded Territory shall have in possession a valid Tribal license. 2. No Tribal citizen under ten (10) years of age shall be required to possess a Tribal License to trap fur. bearers; however, those persons shall be required to follow all applicable Tribal regulations. 3. All trappers ten (10) years of age or older must have passed Hunter Safety Course in order possess and/or use a firearm while trapping. It shall be unlawful for any Tribal citizen under the age often (10) to be in possession of a firearm while trapping. C. Gear. 1. Traps used for harvesting fur bearers, snowshoe hare or cottontail rabbit shall be leg-hold, snares, box type, or body gripping (conibear) seven inches (7") square, or larger locking type snares. 2. Body gripping traps larger than seven inches by seven inches (7"x7") must be at least half submerged in water. 3. Steel jawed traps cannot have a spread width of more than eight inches (8"). 4. Body gripping traps larger than seven inches by seven inches (7"x7") cannot be placed: a) Within one hundred yards of an occupied building without the owner's consent. Approved by Tribal Council: 01/11/2024 Approved by NRC: 10/25/2023 Approved by Executive: 12/22/2023 2023 1836 Ceded Territory Natural Resource Rules and Regulations REG- WOS-2013-004-122223-010 Page 24 of 58 b) Within three feet (3') of any wire mesh type fence. c) Within three feet (3') of a road culvert unless completely submerged in water. 5. Body gripping (conibear) traps larger than seven inches by seven inches (7"x7") cannot be set on dry land or frozen water unless it is four feet (4') or more above ground or placed in a box or similar container with openings restricted to seven inches by seven inches (7"x7") or less. 6. No steel jawed traps with teeth shall be set, placed or operated. 7. Snaring regulations: The following restrictions apply to snaring activities. a) Any snare must be anchored so that it cannot be dragged. b) Any snare must be tagged with the Applicable Harvest License number. c) No snare may be spring activated. d) Any snare must be set in a manner which prevents an animal from being suspended unless it is attached to a drowning mechanism. e) All snares must be removed no later than March 31. f) Except for snares for rabbit and hare, any snare or cable wire may not have a diameter exceeding I/8 inch. g) Except for snares for rabbit and hare, any snare must have a swivel device on the anchor end. h) No upland snare shall be set on a well-defined deer trail. i) No upland snare shall be set such that the top of the loop is more than twentyfour (24") inches above the ground or when the ground is snow-covered, more than twenty-four (24") inches above the adjoining trail. j) No upland snare shall be set with a loop size greater than fifteen (15") inches in diameter. k) Braided picture wire snares without locks or swivels may be used for the purpose of snaring rabbits or hares. 1) Must have a deer stop. D. Trap Markings. All traps and snares set shall be clearly marked with the hunting license # the person who set the trap. E. Trap Attendance. All traps shall be attended every 48 hrs. Approved by Tribal Council: 01/11/2024 Approved by NRC: 10/25/2023 Approved by Executive: 12/22/2023 2023 1836 Ceded Territory Natural Resource Rules and Regulations REG- WOS-2013-004-122223-010 Page 25 of 58 F. Possession. A legal and current Tribal license shall be required to take, transport, or possess any fish, E'weesi'ek (game), furs, plants, hides, amphibians or reptiles, or auxiliary parts thereof within the Ceded Territory and for the purpose of possessing or using firearms, bows, airbows or trapping devices in the course thereof. G. M. 1. Incidental Tags. One (1) incidental tag per species available for harvest, per year may be issued upon investigation by a Tribal Conservation Officer. Tribal members must contact the NRD with in 48hrs of harvest. Any animals determined to be deliberately targeted will be forfeited to the Department and may lead to a citation. Any additional harvested animals, species not authorized for harvest or out season must be turned into the Natural Resources Department. Registering of Hides. All Bobcat, Fisher, Marten or Otter harvested shall be presented to a biological staff of the Natural Resources Department for inspection and registration within two weeks of the close of the season harvested (Tribal citizens are strongly encouraged to call ahead to determine the availability of Tribal staff or make arrangements to register animals outside of normal business hours). Upon inspection and registration, the animals will have an official seal affixed to the pelt. All CITES applicable animals will be tagged in accordance with federal law. Possession of un-registered fur bearers, It shall be unlawful to possess or transport a raw (un-processed/not tanned) un-registered (not sealed) Bobcat, Fisher, Marten or Otter after the required registration date. Federal Laws on Hides. All Federal laws and regulations regarding the identification, sale, and transportation of hides, furs or pelts of any fur bearer apply to the identification, sale or transportation under Federal Regulations. All shipments of raw hides or furs must be plainly marked on the outside of the package as to the contents. If you wish to export bobcat, otter or bear hides from the United States, you will need to obtain a CITES permit within seventy-two (72) hours. For details, contact the Natural Resource Department. Barter of Hides & Flesh. It shall be lawful for Tribal citizens to possess, sell or use for barter, or transport hides, furs or pelts of fur bearers, lawfully taken, including the trade or barter of the flesh of beaver, raccoon and muskrat. Any game lawfully taken by a Tribal citizen may be given to Tribal Elders or families in need. Baiting. It shall be lawful to use parts of fur bearers, big game or small game as bait for trapping; provided that bait must be placed where it is not readily accessible by raptors. Deer shall not be from a CWD or TB designated area. Hunters Orange. It shall be unlawful to hunt or trap with a firearm on any lands during daylight hunting hours unless one (1) square foot of hunter's orange or Approved by Tribal Council: 01/11/2024 Approved by NRC: 10/25/2023 Approved by Executive: 12/22/2023 2023 1836 Ceded Territory Natural Resource Rules and Regulations REG- WOS-2013-004-122223-010 Page 26 of 58 florescent pink is worn and visible from all sides. N. Turtle Trapping. All traps used for Turtles shall also have at least four inches (4") of air space inside the trap. O. Harmful Substances. No fur bearer, migratory bird, Gaachiinhie Eweesi'ek (small game), or M'didaa-E'weesi'ek (big game) may be lawfully taken by use of explosive, drugs, poisons, medicated bait, or other harmful substances. P, Trapping M'didaa-E'weesi'ek (big game). It shall be unlawful to trap or snare M'didaa-E'weesi'ek (big game). Q. Swimming Fur bearers. It shall be unlawful to shoot fur bearers, Gaachiinhi (small), or M'didaa-E'weesi'ek (big game) while they are swimming. R. Destruction of Fur bearer Dens, Lodges, etc. It shall be unlawful to molest or break open the house, lodge hole, nest, burrow, or den of a badger, beaver, mink, muskrat, or raccoon, whether occupied or not. S. Trapping Seasons. 1. Beaver and Otter - October 1 through March 1 in Northern Lower Michigan, October 1 through March 15 in the Upper Peninsula. 2. Muskrat, Mink, and Bobcat-October 1 through March 1 in Northern Lower Michigan, October 1 through March 15 in the Upper Peninsula. 3. Red Fox, Gray Fox, and Badger- October 1 through March 1 in Northern Lower Michigan, October 1 through March 15 in the Upper Peninsula. 4. Marten and Fisher- October 1 through March 15 in the Upper Peninsula only. 5. Raccoon - No closed season. 6. Coyote - No closed season. 7. Cougar, Lynx, and Wolf - No open season. 8. Other fur bearers not listed- No closed season T. Bag Limits. 1. Upper Peninsula. a) Otter, Badger, Pine Marten, and Fisher- three (3) per season, Pine Marten and Fisher may only be harvested from the Upper Peninsula of Michigan. b) Bobcat-two (2) per season. 2. Lower Peninsula. Approved by Tribal Council: 01/11/2024 Approved by NRC: 10/25/2023 Approved by Executive: 12/22/2023 2023 1836 Ceded Territory Natural Resource Rules and Regulations REG- WOS-2013-004-122223-010 Page 27 of 58 a) Bobcat- one (1) per season. 3. The combined bag limits for Hunting/Trapping harvest shall not exceed three (3) bobcat, otter, badger, pine marten or fisher. 4. All other species have no bag limit. 5. Accidentally trapped non-target protected species such as Lynx, Gray Wolf, are unlawful to possess. All live animals shall be released if possible. The trapping of all other such animals shall be reported immediately to a Conservation Officer (see incidental tags Section of these regulations). Migratory Bird Regulations. A. Age Limits. Any Tribal citizen ten (10) years of age or older who hunts migratory birds within the Ceded Territory shall have in possession a valid Tribal license. 1. No Tribal citizen under ten (10) years of age shall be allowed to possess a Tribal license to hunt migratory birds. B. Shooting Hours. Shooting hours are from one half (Y2) hour before sunrise until sunset. C. Bows. It shall be lawful to harvest Migratory Bird with a bow, crossbow or airbow. D. Electronic calls. It shall be legal to use electronic calls in the hunting of migratory birds. E, Restrictions. It shall be unlawful to: 1. Engage in any migratory bird hunting without first obtaining a Tribal license. 2. Use or allow another person to make use of a Tribal license not his/her own. 3. Engage in wanton destruction of migratory birds. 4. Fail to make a reasonable effort to recover dead or wounded migratory birds. 5. Take, possess, transport, or aid, assist or abet the taking, possession or transportation, of any migratory bird protected by Tribal or Federal law. 6. Exceed established limits or use prohibited means of taking migratory birds. 7. Fail to allow the inspection of any migratory bird or bird part in possession upon demand of an Enforcement Officer. 8. Take migratory birds with trap snare swivel gun, punt gun, battery gun, automatic fired weapon, shot gun with shells longer than three- and one-half inches (3.5"), fish hook, poison, drug, or stupefying substance, or explosive. Approved by Tribal Council: 01/11/2024 Approved by NRC: 10/25/2023 Approved by Executive: 12/22/2023 2023 1836 Ceded Territory Natural Resource Rules and Regulations REG- WOS-2013-004-122223-010 Page 28 of 58 10. ll. 12. 13. 14. 15. 16. 4. Take migratory birds with a shotgun of any description greater than ten (10) gauge and capable of holding more than three (3) shells, unless it is plugged with a one (1) piece filler, which is incapable of removal without disassembling the gun, so its total capacity does not exceed three (3) shells. Use or be in possession of any shot other than steel (or other approved nontoxic shot) to take migratory birds; provided, however, that it shall be legal to hunt Woodcock and Mourning Dove with shot other than steel (or approved nontoxic shot). Hunt migratory birds from or by means or use of a sink box, or other low floating device, having a depression affording the hunter a means of concealment beneath the surface of the water. Use any rim fire, center fire, or muzzle-loading rifle to take migratory birds. Pursue migratory birds from a motorboat, or any other craft having a motor attached, or sailboat unless the motor is completely off, and/or the sails are unfurled, or by means of any motorized land or air conveyance including the use of drones Use any land, water or air conveyance to drive, concentrate or disperse migratory birds. Use or attempt to use bait, or hunt on or near a baited area. Baiting for migratory birds shall mean the use and distribution of any grain, meals, salt, or other feed whatsoever so as to lure or attract such birds; and a place or locale which has been baited may be considered baited for ten (10) days after such bait has been removed. Provided, however, that it shall be legal to hunt migratory birds in agricultural fields where crops are standing, or have been harvested as a part of normal agricultural operational procedures, or grown for wildlife management, provided that the seeds and grains are not scattered or redistributed once the crop has been harvested. Disturb Eagle nests or enter within 660 ft of an eagle nest while the eagle is nesting Eagles- It shall be unlawful to kill, shoot or attempt to shoot or harm eagles, other raptors or other migratory birds not listed. . Violate any Federal law addressed in 50 C.F.R. Part 20 dealing with hunting migratory birds. Seasons. . Ducks - September 1 through January 31. Mergansers - September 1 through January 31. Geese (Canadian, White Front, Brant, Snow and Blue Geese) - September 1 through February 8. Mute swan- September 1 through January 31 Approved by Tribal Council: 01/11/2024 Approved by NRC: 10/25/2023 Approved by Executive: 12/22/2023 2023 1836 Ceded Territory Natural Resource Rules and Regulations REG- WOS-2013-004-122223-010 Page 29 of 58 mn Woodcock- September 1 through December 1. 6. Common Snipe - September 1 through December 31. 7. Virgina and Sora Rails - September 1 through December 31. 8. Mourning Dove - September 1 through November 14. \O . Coots & Gallinules - September 15 through December 31. 10. Sandhill Cranes - September 1 through December 1 11. Eagles, other raptors, Trumpeter and Tundra Swans and other migratory birds not listed - No open season G. Bag Limits. 1. Ducks. The bag limit for ducks shall not exceed twenty (20) per day, and shall not include more than five (5) Mallard Hens, Pintails, Canvasbacks, Black Ducks, Wood Ducks, Redheads, or Scaups. 2. Mergansers. The bag limit for Mergansers shall not exceed ten (10) per day, and shall not include more than five (5) Hooded Mergansers. » Geese. The daily bag limits for Canadian geese, Brant, Whites fronted, Snow and Blue Geese, shall not exceed twenty (20) per day. 4. Mute Swan- 2 per season wi) . Woodcock - The bag limit for Woodcock shall not exceed ten (10) per day. 6. Common Snipe - The bag limit for Common Snipe shall not exceed twenty (20) per day. ~~ . Virgina and Sora Rails - The bag limit for Rails shall not exceed twenty (20) per day. 8. Mourning Dove -The daily bag limit for Mourning Dove shall not exceed fifteen (15) per day. 9. Coots and Gallinules - The daily bag limit shall not exceed twenty (20) per day. 10. Sandhill Cranes - The daily bag limit shall not exceed two (2) per day 11. The possession limit for migratory birds shall not exceed the two (2) days bag limit. XII. Inland Fishing Regulations. Approved by Tribal Council: 01/11/2024 Approved by NRC: 10/25/2023 Approved by Executive: 12/22/2023 2023 1836 Ceded Territory Natural Resource Rules and Regulations REG- WOS-2013-004-122223-010 Page 30 of 58 [OCR skipped on page(s) 31-58] [Read from a scan; the first 30 pages.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Alittle_traverse%3A149be555620bd90a. Public record. Not legal advice.