Little Traverse Bay Bands of Odawa Indians (2011)
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Waganakising Odawak
Little Traverse Bay Bands of Odawa Indians
Office of Tribal Chairman
7500 Odawa Circle, Harbor Springs, Michigan 49740
Phone 231-242-1418 ● Fax 231-242-1411
LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS’
1836 CEDED TERRITORY NATURAL RESOURCES
RULES AND REGULATIONS
REG-WOS 2005-001 XXXXXX-XX1
I.
Purpose, Scope, and Application. 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.
II.
Definitions:
A.
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.
B.
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.
C.
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.
D.
Baitfish: means any legally taken and possessed fish (except sea lamprey,
goldfish or any other exotic fish) used for catching other fish.
E.
Big game (M’didaa-E’weesi’ek): means Whitetail deer, black bear, and
elk.
F.
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
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means of which an arrow is propelled when drawn and released by hand.
G.
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.
H.
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.
I.
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
J.
CFA: means Michigan’s Commercial Forest Act, Mich. Comp. Laws, §
324.51101 et seq.
K.
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 of a natural resource for personal use.
L.
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.
M.
Disabled Tribal Hunter: means a person who has been diagnosed by a
certified Physician to be permanently physically disabled.
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N.
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.
O.
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.
P.
E’weesi’ek (Game): Gaachiinhi-E’weesi’ek (small game) and M’didaa
E’weesi’ek (big game).
Q.
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.
R.
Firearm: means a weapon from which dangerous projectiles may be
propelled by use of explosives, gas, or air as a means of propulsion.
S.
Furbearer: 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.
T.
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.
U.
Gaachiinhi-Eweesi’ek (small game): means ruffed grouse (partridge),
ring-neck pheasant, cottontail rabbit, snowshoe hare, gray squirrel, black
squirrel, fox squirrel, quail, woodchuck, wild turkey, porcupine, and crow.
V.
Hunt or Hunting: means the shooting, shooting at, pursuing, taking,
catching, trapping, or killing any wild animal or animals.
W.
Impoundment nets: means trap nets or fyke nets, which are stationary
nets attached to the bottom that capture fish by guiding them into
enclosures.
X.
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
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Stat. 491, on lands and inland waters within the boundaries of the territory
ceded in the 1836 Treaty.
Y.
LTBB Reservation: means all lands and waters within the boundaries of
the reservations for the Little Traverse Bay Bands of Odawa Indians as set out
in Article I, paragraphs third and fourth of the Treaty of 1855, 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 the 1836 reservation is determined to
include lands which are not included within the 1855 reservation, 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.
Z.
M’didaa E’weesi’ek (big game): means Whitetail deer, black bear, and
elk.
AA.
MDNRE: means The Michigan Department of Natural Resources and
Environment, its successor entities, and those authorized persons or
entities acting on its behalf.
BB.
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,
coots, gallinules, woodcock and snipe.
CC.
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.
DD.
NRD or Natural Resources Department: means The Little Traverse Bay
Bands of Odawa Indians Natural Resources Department.
EE.
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:
1.
“Family” means all persons related by blood, marriage, or
adoption, or any person living within the household on a
permanent basis; and
2.
“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
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the use of mass copying devices; and
3.
“Barter” means the exchange of natural resources or parts thereof
for personal uses between Tribal citizens.
FF.
Physician: means a person duly licensed by any state in the United States
to practice medicine or osteopathic medicine and surgery.
GG.
Regulations: means these regulations including any subsequent
amendments to these regulations and any separate Tribal treaty regulations
enacted by a Tribe.
HH.
Reptiles: means any of various cold-blooded, usually egg-laying
vertebrates of the class Reptilia, such as a snake, lizard, crocodile, turtle,
or dinosaur, having an external covering of scales or horny plates and
breathing by means of lungs.
II.
Roadways: means any governmental or corporate roadways where
vehicular traffic is not restricted and the roadway is routinely used by the
general public.
JJ.
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.
KK.
Shotgun 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 KentMontcalm 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 M57,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 I-75, northerly on I-75 and US-23 to Beaver Road
(about 1 mile north of Kawkawlin), easterly to Saginaw Bay, north 50
degrees east to the International Boundary.
LL.
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.
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MM. Small game (Gaachiinhi-E’weesi’ek): means ruffed grouse (partridge),
sharp tail grouse, ring-neck pheasant, cottontail rabbit, snowshoe hare,
gray squirrel, black squirrel, fox squirrel, quail, wild turkey and porcupine.
NN.
Spear: means any hand, rubber or spring propelled spear.
OO.
Stream: means all rivers, streams, creeks and flowages.
PP.
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.
QQ.
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.
RR.
Transport or Transportation: means carrying or moving by any vehicle
or vessel, causing to be carried or moved or attempting to do so, or
accepting or receiving wild animals, plants, or fish or any parts thereof.
SS.
Treaty: means the March 28, 1836 Treaty of Washington with the
Ottawa's, 7 Stat. 491.
TT.
Tribe: means the Little Traverse Bay Bands of Odawa Indians (LTBB).
UU.
Tribes - “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 Traverse Bay Bands of Odawa Indians.
VV.
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.
WW. Tribal License: means a gathering, hunting, trapping, or fishing license
issued by a Tribe to Tribal citizens, which is valid and current.
XX.
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.
YY.
Waters: - means Inland Lakes and Streams.
ZZ.
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,
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insects, and mollusks.
III.
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.
B.
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.
State, County and Municipal Parks, State Wildlife Refuges, State
Wildlife Research Areas, and State Fisheries Research Areas.
1.
C.
Lands and waters owned by any of the Tribes, a Tribal Citizen, or the
spouse of a Tribal citizen.
1.
D.
The Tribal citizens hunting and fishing in such areas shall be
subject to specific restrictions for each area. Contact NRD for area
specific regulations.
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:
1.
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
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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.
E.
2.
CFA lands over one-thousand (1,000) acres. The Tribes or their
citizens will not have to 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,
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.
3.
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.
4.
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.
5.
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:
1.
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.
2.
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 or ceremonial
permits for special needs, which shall be limited in number.
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IV.
3.
Fishing. Tribal citizens may engage in fishing activities on these
waters subject to the species specific restrictions and provisions as
contained within these regulations.
4.
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.
A.
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 such a 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.
B.
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 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.
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D.
V.
Reciprocal Licenses. The Natural Resources Department may issue
Reciprocal Licenses to Tribal citizens of federally recognized Indian tribes
which have written reciprocal treaty rights agreement in place. The
reciprocal License and any necessary tags must be acquired at the LTBB
NRD office and the Tribal hunter with reciprocal rights. Any violations
by the Reciprocal License holder will be processed in LTBB’s Tribal
Court. Animals harvested under the authority of another tribe or
jurisdiction shall be counted toward the totals allowed under these
regulations. The LTBB NRD has the authority to contact the reciprocating
tribe to inquire about cumulative bag limits. Anyone issued a license for
hunting, trapping, fishing or gathering by such persons shall be limited to
the LTBB Reservation.
Hunting Regulations.
A.
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.
C.
1.
Any Tribal citizen born after January 01, 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 use of
archery equipment only.
Age Limits.
1.
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.
2.
A Tribal citizen must be at least ten (10) years of age to hunt
Gaachiinhi E’weesi’ek (small game), migratory birds, turkey, or
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big game with a bow.
D.
VI.
3.
A Tribal citizen must be at least twelve (12) years of age to hunt
M’didaa E’weesi’ek (big game) (except turkey) with a firearm.
4.
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 annual
transport/harvest tags in order to harvest certain species.
1.
Annual harvest/transport tags shall be obtained from the Tribe in
advance in order to harvest deer, bear, elk, and Black Lake
sturgeon.
2.
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.
3.
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.
Hunting – General Provisions.
A.
Artificial Light. Artificial light may only be used to hunt fox, raccoon,
coyote and opossum. (It is a violation of federal law to shine at any time
on any National Wildlife Refuge).
B.
Possession. A legal and current License or Special Use Permit and any
tags or permits (as may be necessary) 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, or trapping devices in the
course thereof, provided however, that nothing herein contained shall be
construed to allow the violation of any other provisions of the Tribal Code
relating to the possession or use of any regulated gear.
C.
Transportation. Fur bearers, M’didaa-E’weesi’ek (big game), or
Gaachiinhi Eweesi’ek (small game) lawfully taken by licensed Tribal
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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 with a transport/harvest tag containing all necessary
information required.
D.
Shooting Hours. The shooting hour(s) are one half (½) hour before
sunrise to one half (½) hour after sunset Eastern Standard Time (EST)
excluding migratory birds. Fox, raccoon and coyote may be hunted after
sunset with use of dogs, game call, or artificial lights.
E.
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.
F.
Harmful Substances. No fur bearer, migratory birds, GaachiinhiEweesi’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.
G.
Trapping M’didaa-E’weesi’ek (big game). It shall be unlawful to trap
or snare M’didaa-E’weesi’ek (big game) animals.
H.
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.
I.
Transportation of firearms, Bows, Cross-bows, and Muzzle-loaders.
1.
A Tribal citizen may not transport firearms in any motorized
vehicle within the Ceded Territory unless they are; 1) unloaded and
in a gun case expressly made to contain a firearm, and the case
fully encloses the firearm being zipped, snapped, buckled, tied, or
otherwise fastened, and without any portion of the firearm
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 wrapper 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 wrapper and cannot be readily accessible to any
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occupant of the vehicle. Exception: These rules do not apply to
pistols carried under the authority of a concealed pistol license.
J.
2.
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.
3.
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 and Muzzle-loaders.
1.
A Tribal citizen may not discharge a firearm, bow, cross-bow or
muzzle-loader, over across, or down a roadway.
2.
A Tribal citizen may not discharge a firearm, bow, cross-bow or
muzzle-loader within the right-of-way of a state or federal
highway.
3.
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.
4.
No person shall discharge a firearm, muzzle-loader, bow or crossbow or shoot at any wild animal or bird within a safety zone, as
defined in Section 3.32, 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.
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K.
VII.
Harassment of Hunters. It shall be unlawful to harass, impede, or
interfere with any legally licensed hunter.
Hunting Restrictions.
A.
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.
No Tribal citizen shall use in hunting, pursuing or killing a wild
animal, or be in possession of, in an area frequented by wild
animals any semi-automatic shotgun or rifle capable of holding
more than six (6) shells in both the chamber or magazine
combined, for use for Gaachiinhi-Eweesi’ek (small game) only, or
use cartridges containing either tracer or exploding bullets.
3.
All shotguns used for migratory birds (including woodcock) must
be plugged so the total capacity of the shotgun does not exceed
three shells.
B.
Silencers. No Tribal citizen shall use, or be in possession of, a device or
apparatus known as a silencer.
C.
Hunting from Platforms. Tribal citizens may hunt M’didaa-E’weesi’ek
(big game) except elk, Gaachiinhi-E’weesi’ek (small game), or fur
bearers, from a tree or portable raised platform.
D.
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 November 6.
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3.
All deer 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 deer 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 Section D(1)
above.
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.
E.
Driving Wildlife. It shall be unlawful to set or use fire to drive wild
animals or to attempt to take wild animals.
F.
Baiting.
1.
It shall be unlawful to use grains, fruits, vegetables, salts or
minerals to aid in the taking of deer or bear within the Lower
Peninsula of Michigan except for on any of the islands within the
Beaver Island Archipelago, the Fox Islands or the Manitou Islands.
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 lawful to use grains, fruits, vegetables, salts or minerals
to aid in the taking of deer or bear within the Upper Peninsula of
Michigan.
4.
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 and any other natural or
man-made sent lures or attractants to aid in the taking of bear.
5.
All containers used to carry bait to the site must be removed from
the site by the end of season.
6.
No drugs or poisons shall be used.
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7.
G.
Baiting with use of grains, fruits, vegetables, salts or any other
minerals is limited to two (2) gallons dispersed over a one-hundred
(100) square foot radius.
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.
Wild turkey may be hunted with a bow and arrow, shotgun, or
muzzle-loading shotgun using number four (#4) shot or smaller.
H.
Bow and Arrow Limitations. Bow and arrow may be used to hunt both
Gaachiinhi-E’weesi’ek (small game) 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.
I.
Hunting M’didaa-E’weesi’ek (big game) with Dogs.
1.
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.
2.
It shall be legal to use leashed dogs to track wounded deer.
3.
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.
4.
It is unlawful to train on a captive, tethered or caged bear.
5.
It is unlawful to train dogs on bear or other wild animals from
April 16 through July 7.
J.
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
hunters orange is worn and visible from all sides. This does not apply to
persons hunting waterfowl, crow, wild turkey, predators, or to bow
hunters.
K.
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
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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.
L.
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.
M.
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 (badger) hides from the United States, you will need to
obtain a CITES permit. For details, contact the Natural Resource
Department.
N.
Shotgun Zone. In the shotgun 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) 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
nine rounds in the barrel and magazine combined.
4.
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.
VIII. Hunting Season and Bag Limits.
A.
Gaachiinhi-E’weesi’ek (small game).
1.
Season - September 1 through April 1.
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2.
B.
Deer- Harvest Permit Required. No Tribal citizen shall hunt deer
without possessing a valid deer harvest tag issued by the Tribe.
1.
2.
C.
Bag limits - A limit of ten (10) of each species per day and a
possession in transport limit of no more than two (2) days' limit per
licensee.
Seasons.
a.
Bow and Cross-bow. 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.
Bag limits.
a.
A limit of five (5) deer per Tribal hunter per year (includes
Reservation and Ceded Territory), no more than two (2) of
which may be bucks, with three inch (3”) antler. The
Tribal hunter may harvest the deer with a bow and arrow,
cross- bow, rifle, shotgun or muzzle-loader.
b.
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.
Wild Turkey.
1.
2.
Seasons.
a.
Fall Season - October 1 through November 14.
b.
Spring Season - April 15 through June 15.
Bag limits.
a.
Fall two (2) birds of either sex.
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b.
D.
Spring two (2) adult males with a visible beard.
Furbearers.
1.
2.
3.
Seasons.
a.
Bobcat, badger and mink - October 1 through March 1.
b.
Gray fox & red fox - October 1 through March 1.
c.
Raccoon – No closed season.
d.
Coyote - No closed season.
e.
Other furbearers not listed- No closed season
f.
Cougar and Wolf- No open season.
Bag limits.
a.
Bobcat – two (2) per season with a maximum of one (1)
bobcat harvested from Northern Lower Michigan.
b.
All other species have no bag limit.
Bear. Harvest Permit Required- No Tribal citizen shall hunt bear
without possessing a valid bear harvest tag issued by the
Tribe.
a.
Season.
i.
September 10 through October 26.
b.
Applications. Tribal citizens interested in harvesting bear
must apply for a harvest tag. Bear tag/permit application
period is May1 through June1. 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.
c.
All harvested bears shall be registered by LTBB or at
designated MDNR registration stations within seventy-two
(72) hours of harvest.
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d.
4.
5.
IX.
Ceremonial Harvest. Additional bear permits may be
available on a limited basis. See Section IV(B) of these
regulations.
Elk. 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.
a.
Seasons. Elk seasons will be determined on an annual
basis. Contact the Natural Resource Department for
specifics.
b.
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 May1 through June1. Successful
applicants must wait a minimum of five years before
reapplying.
c.
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 to location of
harvest, reporting harvest and participating in the collection
of biological data.
d.
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.
Feral Swine. No closed season and no bag limit.
Trapping/Fur Harvester General Provisions.
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.
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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 of ten (10)
to be in possession of a firearm while trapping.
C.
Traps. Traps used for harvesting fur bearers, snowshoe hare or cottontail
rabbit shall be leg hold, box type, or body gripping (conibare) six inches
(6”) square, or larger locking type snares.
D.
Trap Markings. All traps and snares set shall be clearly marked with the
name and current address of the person who set the trap. All traps shall be
attended daily.
E.
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, or
trapping devices in the course thereof, provided however, that nothing
herein contained shall be construed to allow the violation of any other
provisions of the Tribal Code relating to the possession or use of any
regulated gear.
F.
Incidental Tags. One (1) incidental tag per species per year may be
issued upon notice to an investigation by a Tribal Conservation Officer.
Any animals determined to be deliberately targeted will be forfeited to the
Department and may lead to a citation. Any additional harvested animals
must be turned into the Natural Resources Department.
G.
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 required a
tag) must be tagged with a transport/harvest tag containing all necessary
information required.
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H.
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.
I.
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.
J.
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.
K.
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.
L.
Live Animals for Trapping. It shall be lawful to possess, in a humane
way during trapping season, one (1) live coyote and two (2) live fox for
the purpose of collecting urine and droppings for trapping; provided, at
least one (1) Tribal citizen of the immediate family must have a valid
Tribal trapping license.
M.
Baiting. It shall be lawful to use parts of fur bearers or small game as bait
for trapping; provided that bait must be placed where it is not readily
accessible by raptors.
N.
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 is worn and visible from all sides. This does not apply to
persons hunting waterfowl, crow, wild turkey, predators, or to bow
hunters.
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O.
Turtle Trapping. All traps used for turtles shall also have at least four
inches (4”) of air space inside the trap.
P.
Harmful Substances. No fur bearer, migratory bird, GaachiinhiEweesi’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.
Q.
Trapping M’didaa-E’weesi’ek (big game). It shall be unlawful to trap
or snare M’didaa-E’weesi’ek (big game).
R.
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.
S.
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.
T.
Beaver Dams. It shall be unlawful to set a trap on a beaver dam or lodge
unless the trap is fully submerged below the water.
U.
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, coyote 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 UP only.
5.
Raccoon- No closed season.
6.
Coyote - No closed season.
7.
Other furbearers not listed- No closed season
8.
Cougar and Wolf- No open season.
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V.
X.
Bag Limits.
1.
Otter, badger, pine marten, fisher– two (2) per season, Pine Marten
& Fisher may only be harvested from the Upper Peninsula of
Michigan.
2.
Bobcat- two (2), one (1) of which may be a bobcat harvested from
Northern Lower Peninsula of Michigan.
3.
All other species have no bag limit.
4.
The combined bag limits for hunting/trapping harvest shall not
exceed two (2) bobcats.
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 IX(F) of these regulations).
Migratory Bird Regulations.
A.
Age Limits.
1.
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.
2.
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 (½) hour before
sunrise until sunset.
C.
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.
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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.
9.
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.
10.
Use or be in possession of any shot other than steel (or other
approved non toxic 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 non toxic shot).
11.
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.
12.
Use any rim fire, center fire, or muzzle-loading rifle to take
migratory birds.
13.
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.
14.
Use any land, water or air conveyance to drive, concentrate or
disperse migratory birds.
15.
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
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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.
16.
D.
E.
Violate any Federal law addressed in 50 C.F.R. Part 20 dealing
with hunting migratory birds.
Seasons.
1.
Ducks- September 15 through January 31.
2.
Mergansers- September 15 through January 31.
3.
Geese (Canada, white front, brant, snow and blue geese) September 1 through February 8.
4.
Woodcock- September 5 through December 1.
5.
Common snipe- September 15 through December 31.
6.
Virgina and sora rails- September 1 through December 31.
7.
Mourning dove- September 1 through November 9.
8.
Coots & Gallinules - September 1 through December 31.
9.
Swans - It shall be unlawful to shoot or attempt to shoot swans.
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.
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XI.
3.
Geese. The daily bag limits for Canada geese, brant, whitefronted, snow and blue geese, shall not exceed twenty (20) per day.
4.
Woodcock- The bag limit for woodcock shall not exceed ten (10)
per day.
5.
Common snipe- The bag limit for common snipe shall not exceed
sixteen (16) per day.
6.
Virgina and sora rails- The bag limit for rails shall not exceed
twenty (20) per day.
7.
Mourning dove- The daily bag limit for mourning dove shall not
exceed fifteen (15) per day.
8.
Coots and Gallinules- The daily bag limit shall not exceed twenty
(20) per day.
9.
The possession limit for migratory birds shall not exceed the two
(2) days bag limit.
Inland Fishing Regulations.
A.
Fishing Licenses. Any Tribal citizen sixteen (16) years of age or older
who fishes or attempts to take any fish, reptiles or amphibians while
having under his/her control or in his/her immediate possession any pole,
reel, tip-up hand line, trap, club, seine, net or spear, shall have in his or her
possession a valid and current Tribal License.
B.
Age Limits.
C.
1.
Any Tribal citizen sixteen (16) years of age or older who fishes
within the Ceded Territory shall have in possession a Tribal
license.
2.
No Tribal citizen under sixteen (16) years of age shall be required
to possess a Tribal License to fish, take reptiles or amphibians, or
gather vegetation for personal use or use by his immediate family,
however, those persons shall be required to follow all applicable
Tribal regulations.
Restrictions. It shall be unlawful to:
1.
Use explosives, drugs, poisons, lime medicated bait or other
deleterious substances to take or attempt to take fish.
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D.
2.
Drive or harass fish into nets.
3.
Use firearms to take or attempt to take fish.
4.
Use gill nets, impoundment nets, seines or gorge to take fish,
except as allowed under Section XI(D,2) net regulations, and for
bait fish under Section XI(E,1).
5.
Use a snag hook to take or attempt to take fish.
6.
Wanton destruction or waste of fish.
7.
Harass or impede another fisherman or boater.
8.
Take fish for the sole purpose of egg (spawn) collection.
9.
Possess any fish not hooked in the mouth while fishing with hook
and line.
10.
Sell flesh of fish from inland waters.
11.
Sell bait fish without a Special Use Permit.
12.
Fish within one-hundred feet (100’) of electrical lamprey control
devices while in operation.
13.
Fish within one-hundred feet (100’) of the lamprey control barrier
on the Betsie River.
14.
Fish in the Rock River (Alger County) from the dam to the lower
foot bridge downstream from M-28 (T47N, R21W, Sec. 15) April
1-June 30.
15.
Fish within three-hundred feet (300’) of any of the State’s salmon
and steelhead egg collection weirs while in operation.
16.
To spear in the following Upper Peninsula Streams- Chocolay
River; Mosquito River; Big Two Hearted River; Little Two
Hearted River; and Anna River from its mouth upstream to the
railroad crossing by Wagner Falls in Section 14, Township 46
North, Range 19 West.
Methods and Gear. The use of poles, rods, reels, tip-ups, hand lines,
spears, bow and arrow, seines, nets, clubs and hands are lawful for use
while fishing subject to the following regulations:
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1.
2.
Hook and Line.
a.
Individual hook and line fishing is limited to four (4) lines
per person with four (4) hooks per line. Ice fishing is
limited to seven (7) lines with four (4) hooks per line;
except that there shall be no limit on the number of hooks
per line while fishing for smelt.
b.
Trot line. One (1) trotline per license holder is allowed.
The trotline shall be limited to five (5) hooks or lures of
which shall be size 4 or larger. Each trot line shall be
clearly marked with a gallon buoy along with the tribal
license number of the person who set the line. All trot lines
must be checked daily. The Tribal licensee shall be
required to submit harvest reports in accordance with
Section XI(F) Harvest Reports.
c.
Tip-ups. All tip-ups fished shall be identified by name of
the Tribal citizen fishing the tip-up. It shall be unlawful for
Tribal citizen to leave a deployed tip-up unattended.
d.
Fixed ice shanties must have the owner's name and address
permanently affixed on all sides with letters at least three
inches (3”) high. Shanties must be removed when the ice is
unsafe but no later than March 15.
Nets.
a.
Gill nets. The use of gill nets is prohibited on all inland
lakes and streams. *Exception- The use of gill nets may be
authorized via Tribally issued permit to harvest fish from a
lake from which all fish will be eradicated.
b.
Impoundment (fyke/trap) nets - Tribal citizens may use
impoundment nets subject to the following restrictions:
i.
Size and Type Restrictions:
A.
It shall be unlawful to use monofilament in
any part of an impoundment net.
B.
The mesh size shall not be larger than three
inch (3”) stretch mesh.
C.
Pots shall not exceed eight feet (8’) in length
by five feet (5’) in width or six feet (6’) in
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height.
D.
ii.
Marking. Each Impoundment Net used by a Tribal
citizen for fishing shall have the end of the lead, the
ends of any wings used and the pot marked with, at
a minimum, gallon sized buoy displaying the Tribal
citizen’s tribal affiliation and Hunting/Fishing
License number.
iii.
Lake use only.
iv.
c.
Leads shall not exceed one-hundred and
fifty feet (150’) in length.
A.
It shall be unlawful to use impoundment
nets in streams except when harvesting
burbot in accordance with Section
XI(D,2,b,iii,B) below.
B.
Impoundment nets may be used to harvest
burbot on AuTrain River in Alger County
from AuTrain Lake to the mouth from
December 15th to the end of February with
an authorized permit.
Permits. Tribal citizens shall obtain and possess a
valid permit prior to setting any impoundment nets.
A.
All permits must be requested and
authorized a minimum of twenty-four (24)
hours prior to setting the nets.
B.
Each permit will specify a bag limit, a time
period for which the permit is valid and a
lake system for which the permit is valid.
Seines. Tribal citizens may use seines subject to the
following restrictions:
i.
Size restrictions:
A.
Short seines - a seine used that is less than
twelve feet (12’) in length and no more than
four feet (4’) in depth.
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B.
Long seines - any seine that is over twelve
feet (12’) in length but no larger than thirty
feet (30') and no more than four feet (4 ') in
depth.
ii.
Monofilament. It shall be unlawful to use Seines
constructed of monofilament that exceed one-half
inch (1.5”) stretch mesh size.
iii.
Lake use only. It shall be unlawful to use long
seines in streams unless in possession of a special
use permit.
iv.
Purse seines. It shall be unlawful to use any size
purse seine.
v.
Special use permit- A limited number a special use
permits may be issued for the use of long seines in
streams between December 1 and March 31.
vi.
There shall be a two (2) gallon bag limit for smelt
harvested with a seine.
3.
Spearing. Tribal citizens may use spears subject to the specie
specific restrictions found in the pike/muskellunge, walleye, trout,
salmon, sturgeon, and steelhead sections of these regulations,
general closures and the seasons for harvest and, daily creel limits,
and possession limits found within the general fishing regulations.
The Tribal licensee shall be required to submit harvest reports in
accordance with Section XI(F) Harvest Reports.
4.
“Quality” Lake Restrictions.
a.
Crawford County: Jones Lake
i.
Open Season- June 1 through September 30.
ii.
Tackle- Artificial lures only.
iii.
Creel limits- Catch and release only.
iv.
Possession of live bait- It shall be unlawful to
possess live bait on any of the lake or banks of the
lake.
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b.
c.
E.
Crawford County: Wakeley Lake
i.
Open Season- June 15 through August 31.
ii.
Tackle- Artificial lures only.
iii.
Creel limits- Catch and release only.
iv.
Possession of live bait- It shall be unlawful to
possess live bait on any of the lake or banks of the
lake.
Montmorency County: North and South Blue Lakes and
Robarge Lake.
i.
Open Season- April 1 through September 30.
ii.
Tackle- Artificial lures only.
iii.
Creel limits- Catch and release only.
Species Specific Restrictions.
1.
2.
Baitfish. Minnows for personal use only may be taken with hook
and line, seines, dip nets, and minnow traps with a valid fishing
license.
a.
Seines. Seines shall not be used to take minnows form
trout streams or from Big Glen Lake (Leelanau Co.),
Haltem Creek. (Leelanau Co.).
b.
Gear restrictions. Seines use to harvest minnows must not
be over twelve feet (12’) by four feet (4’).
c.
Commercial Harvest. See Commercial Regulations.
Pike and Muskellunge.
a.
Spearing. The following lakes are closed to pike and
muskellunge spearing except that northern pike may be
speared on waters as marked (*) from December 1 through
the end of March 15:
Alpena County:
Fletcher Floodwaters
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Cheboygan County:
Cornwall Impoundment
Chippewa County:
Caribou Lake
Clare County:
Budd Lake
Delta County:
*Dana Lake
Kent County:
Campau Lake
Murray Lake
Mackinac County:
Brevort Lake
Marquette County:
Fish Lake
Montmorency County:
Fletcher Floodwaters
West Twin Lakes
Muskegon County:
Mona Lake
Otsego County:
Big Bear Lake
Otsego Lake
Ottawa County:
Lake Macatawa
Schoolcraft County:
Big Bass Lake
Grassy Lake
McKeever Lake
b.
Closures. It shall be unlawful to take or possess northern
pike in Potagannising River (Chippewa County) below the
Potagannising Dam downstream to Maxton Road from
April 15 through May 15.
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3.
Walleye Restrictions.
a.
Restricted Fishing Method Restrictions.
i.
ii.
iii.
b.
Hook and line Open seasons.
A.
Upper Peninsula- May 15th through April 1.
B.
Lower Peninsula- Last Saturday in April
through March 15.
Restricted Fishing Methods permit- The use of
spears, bows, or hook and line on Walleye Lake
Systems during the April 1 through May 14th time
period in the Upper Peninsula or the March 16
through last Friday in April time period in the
Lower Peninsula or the use of impoundment nets or
long seines at any time shall require the obtaining
and possession of a valid permit prior to engaging
in any of the above mentioned methods of harvest.
A.
Application time period-All spearing, bow
or hook and line permits must be requested
and authorized a minimum of seven (7) hrs
and before 1:00 pm of the same day prior to
engaging in the activity and all
impoundment and long seine permits must
be requested and authorized a minimum of
twenty-four (24) hrs prior to engaging in the
activity.
B.
Each permit will specify a bag limit (not to
exceed 10 fish), specific method of harvest
(spear, impoundment, etc.), a time period for
which the permit is valid and a lake system
for which the permit valid.
Size limit - fourteen inches (14”). Walleye speared
under the minimum size must be retained as a part
of the daily bag limit.
Bay de Noc Tributaries.
i.
General Hook and Line (no-permit) season - May
16 through March 14.
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ii.
Regulated Fishing Methods- The following walleye
restrictions shall apply to the streams listed Section
XI(E,3,b,vi) below.
A.
Regulated Fishing Methods permit season.
A valid permit shall be required prior to any
harvest of walleye with a hook and line
between March 15 and May 15 or at any
time with the use of a spear.
B.
Application time period. All spearing, bow
or hook and line permits must be requested
and authorized a minimum of seven (7)
hours and before 1:00 pm of the same day
prior to engaging in the activity.
C.
Each permit will specify a bag limit (not to
exceed 10 fish), specific method of harvest
(spear, hook and line, spear dip net, etc.), a
time period for which the permit is valid and
tributary for which the permit is valid.
D.
Permits shall be specific to method of
harvest and shall not include more than one
type of harvest.
E.
Bay de Noc Tributaries open to Regulated
Fishing Method permit harvest:
Delta County:
Sturgeon River
Escanaba River
Days River
Rapid River
iii.
Size limit. Fourteen inch (14”) minimum. Walleye
speared under the minimum size must be retained as
a part of the daily bag limit.
iv.
Daily creel limits - ten (10) per day.
v.
Field possession limit- ten (10) fish.
vi.
All other Bay de Noc Tributaries closed to spearing
or hook and line fishing between end of March 1
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and May 15.
4.
Trout Restrictions.
a.
Trophy (5) Trout Streams. The following category
restrictions shall apply to the Category 5 Streams.
i.
Seasons- Open all year all species.
ii.
Possession Seasons - brown trout, brook trout, and
Atlantic salmon may be possessed (kept) - last
Saturday in April through September 30. All other
trout and salmon species open all year.
iii.
Tackle - Artificial Flies only.
iv.
Size limits.
v.
b.
A.
Brook trout and salmon (Coho, Chinook &
Pink) – ten inches (10”).
B.
Brown trout, rainbow trout (steelhead),
splake and Atlantic salmon- fifteen inches
(15”).
C.
Lake trout- twenty-four inches (24”).
Creel limits - Lake trout, rainbow trout, splake,
brook trout and brown trout, salmon (all varieties) two (2) per species per day.
Trophy (6) Streams. The following category restrictions
shall apply to the Category 6 Streams.
i.
Seasons - Open all year all species.
ii.
Possession Seasons - brown trout, brook trout, and
Atlantic salmon may be possessed (kept) - last
Saturday in April through September 30. All other
trout and salmon species open all year.
iii.
Tackle - Artificial lures only.
iv.
Size limits.
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v.
c.
d.
A.
Brook trout, splake and salmon (Coho,
Chinook & Pink) – ten inches (10”).
B.
Brown trout and rainbow trout (steelhead) –
twelve (12”).
C.
Atlantic salmon – fifteen (15”).
D.
Lake trout- twenty-four (24”).
Creel limits - Catch and releases only.
Trophy (7) Streams. The following category restrictions
shall apply to the Category 7 Streams.
i.
Seasons- Open all year all species.
ii.
Possession Seasons- No kill zone. It shall be
unlawful to possess any lake trout, rainbow trout,
splake, brook trout and brown trout, salmon (all
varieties) while on or along category 7 stream
segments and/or to possess any lake trout, rainbow
trout, splake, brook trout and brown trout, salmon
(all varieties) harvested from category 7 stream
segments. Except that children under the age of
twelve (12) shall be allowed to keep one fish if it is
between eight inches (8”) and twelve inches (12’) in
length.
iii.
Tackle - Artificial Flies only.
iv.
Creel limits- Catch and releases only.
Streams Segment Descriptions.
i.
Category 5 Stream Segments.
Crawford County:
AuSable Mainstream – from Burtons landing to
Wakeley Bridge
Manistee River – from M-72 downstream to the
CCC Bridge
North Branch AuSable River – from Lower High
Banks downstream to confluence with Mainstream
Kalkaska County:
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Manistee River – from M-72 downstream to the
CCC Bridge
Lake County:
Little Manistee River – from Spencer’s Bridge
(T19N, R13W, Sec. 5) downstream to Johnson’s
Bridge (T20N, R14W, Sec 24).
ii.
Category 6 Stream Segments.
Delta County:
Escanaba River – from Boney Falls Dam
downstream to mouth of Silver Creek (T40N,
R23W, Sec. 11).
iii.
Category 7 Stream Segments.
Crawford County:
South Branch AuSable River – from Chase Bridge
downstream to lower High Banks.
Lake County:
Pere Marquette River – from M-37 downstream to
Gleason’s Landing (T17N, R13W, Sec. 18).
e.
General Restriction. Possession of Organic Bait- It shall be
unlawful to possess live, dead or preserved bait, organic or
processed food or scented materials on any of the stream
segments or banks of the stream segments described in this
section.
f.
Little Manistee River. It shall be unlawful to use spears or
bows to harvest steelhead in the Little Manistee River from
the mouth of the Little Manistee River at its confluence
with Manistee Lake upstream to three-hundred feet (300’)
downstream from the Little Manistee River Weir.
g.
State Trophy Trout (Type “D”) Lakes - The following
restrictions shall apply to the lakes listed below.
i.
Seasons- Last Saturday in April through September
30.
ii.
Possession Seasons - brown trout, brook trout, lake
trout, rainbow (steelhead), Coho, Chinook, Pink and
Atlantic salmon may be possessed (kept) last
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Saturday in April through September 30.
iii.
A.
Artificial lures only.
B.
It shall be unlawful to use a spear to harvest
any type of fish on lakes listed in this
section.
iv.
Possession of Organic Bait - It shall be unlawful to
possess live, dead or preserved bait, organic or
processed food or scented materials on any of the
lakes or banks of the lakes described in this section.
v.
Size limits.
vi.
h.
Tackle.
A.
Brook trout, brown trout, rainbow trout
(steelhead), splake, lake trout and Atlantic
salmon – fifteen (15”).
B.
Coho, Chinook and Pink salmon – ten
inches (10”).
Daily creel limit- Lake trout, rainbow trout, splake,
brook trout and brown trout, salmon (all varieties) one (1) per species per day.
State Trophy Trout Lakes (Type “D”).
i.
Upper Peninsula.
Luce County:
Deer Lake
Moon Lake
Sid Lake
Marquette County:
Keyhole Lake (East)
S. Kidney Lake
Pauls Rockingchair Lake (South)
Strawberry Lake
Schoolcraft County:
Dutch Fred Lake
Ned’s Lake
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Lake Twilight Lake
ii.
Lower Peninsula.
Cheboygan County:
Twin Lake #1
Grand Traverse County:
Sand Lake #2
i.
Protected Streams- The following rainbow trout (steelhead)
restrictions and permits shall apply to the stream segments
listed below.
i.
Hook and line Seasons.
A.
Upper Peninsula Stream Segments - Last
Saturday in April through April 1.
B.
Lower Peninsula Stream Segments - Last
Saturday in April through March 15.
C.
Spearing Season-Spearing for rainbow trout
(steelhead) - Steelhead may be harvested via
a spear with a valid Tribal permit from April
1 through April 15 only.
D.
Size limit - sixteen inch (16”) minimum.
E.
Daily creel limits- three (3) per day.
F.
Field possession limit- twice the daily creel
limit.
ii.
Tribal citizens shall obtain and possess a valid
permit prior to any spearing.
iii.
Upper Peninsula Stream Segments.
Alger County:
Sucker River – mainstream of the Sucker River and
tributaries upstream of Seney Road Bridge
Mackinac County:
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Black River – Black River mainstream and
tributaries upstream of the confluence of Peters
Creek
North Branch of the Pine River – North Branch of
Pine River and tributaries upstream of the Highway
40 Bridge
Mainstream of the Pine River – mainstream and
tributaries upstream of the confluence with the
North Branch of the Pine River
North Branch of the Carp River – North Branch of
the Carp River and its tributaries
South Branch of the Carp River – South Branch of
the Carp River and its tributaries.
iv.
Lower Peninsula Stream Segments.
Antrim County:
Jordan River – mainstream Jordan River and all
tributaries above Graves Crossing
Benzie County:
Dair Creek – Dair Creek and its tributaries
Little Betsie – Little Betsie River and its tributaries
in the Betsie River Watershed
Platte River – mainstream of the Platte River from
the upper State-owned hatchery weir downstream to
Platte Lake
Cheboygan County:
Sturgeon River – mainstream Sturgeon River
upstream of Afton Rd (a.k.a. Webb Road or
Wolverine Road near Wolverine) and the West
Branch of the Sturgeon River and its tributaries
Lake County:
Baldwin River – Baldwin River and its tributaries
Pere Marquette River – Pere Marquette River and
its tributaries upstream of M-37 in Pere Marquette
Watershed
Little Manistee River – Little Manistee River
mainstream from Spencer’s Bridge upstream,
including all tributaries.
Manistee County:
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Bear Creek – Above County Road 600, Bear Creek
mainstream and tributaries in the Manistee River
Watershed
Dair Creek – Dair Creek and its tributaries
Little Betsie River – Little Betsie River and its
tributaries in the Betsie River Watershed
Muskegon County:
Cedar Creek – Cedar Creek and its tributaries
upstream from River Road
Bigelow Creek – Bigelow Creek and its tributaries
in the Muskegon River Watershed
Skeel Creek – Skeel Creek and its tributaries
North Branch of the White River – North Branch of
the White River above Arthur Road in the White
River Watershed
Newaygo County:
Cedar Creek – Cedar Creek and its tributaries
upstream River Road
Bigelow Creek – Bigelow Creek and its tributaries
in the Muskegon River Watershed
Baldwin Rover – Baldwin River and its tributaries
Pere Marquette River – all tributaries upstream of
M-37 in the Pere Marquette Watershed
Oceana County:
Skeel Creek – Skeel Creek and its tributaries
North Branch of the White River – North Branch of
the White River above Arthur Road in the White
River Watershed
Otsego County:
Pigeon River – Pigeon River mainstream and its
tributaries upstream of Webb Road
Sturgeon River – mainstream Sturgeon River
upstream of Afton Rd (a.k.a. Webb Road or
Wolverine Road near Wolverine) and the West
Branch of the Sturgeon River and its tributaries
Presque Isle County:
Little Ocqueoc River – Little Ocqueoc River and its
tributaries
Silver Creek – Silver Creek and its tributaries in the
Ocqueoc River Watershed
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j.
5.
Weirs - It shall be unlawful to fish within three-hundred
feet (300’) of any of the State’s steelhead egg collection
weirs while in operation.
Salmon Restrictions.
a.
Torch Lake - It shall be unlawful to spear Atlantic salmon
in the Torch Lake watershed.
b.
Little Manistee.
i.
ii.
Use of spears, bows, dip nets or hands for Chinook
salmon.
A.
Tribal citizens attempting to harvest
Chinook salmon in the Little Manistee River
from the mouth of the Little Manistee River
at its confluence with Manistee Lake
upstream to three-hundred feet (300’)
downstream from the Little Manistee River
Weir with the use of a spear, bow and arrow,
dip net or their hands during a period
beginning September 1 and ending
November 14 shall be required to obtain in
advance and then keep in their possession
while fishing a valid permit. A limited
number of permits will be available on an
annual basis.
B.
Spearing shall be prohibited in the vicinity
of the Little Manistee River at its confluence
with Manistee lake- The area closed is
defined by a line extending from a squared
red post located one-hundred feet (100’)
southeast of the launch ramp at the MDNR
Public Access Site on the east shore,
extending southwesterly to a squared red
post on the west shore located near the
southern end of the Packaging Corporation
of America’s plant.
Hook and Line- It shall be unlawful to fish (hook
and line) from September 6 through October 15 in
southern end of Manistee Lake area defined by a
line extending from a squared red post located onehundred feet (100’) southeast of the launch ramp at
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the MDNR Public Access Site on the east shore,
extending southwesterly to a squared red post on the
west shore located near the southern end of the
Packaging Corporation of America’s plant shall be
closed, unless the MDNR meets its egg take quota
for the year, at which time the fishing closure may
be rescinded for the current year. Please contact the
Natural Resource Department for more information.
c.
6.
Weirs.
i.
Platte River- It shall be unlawful to fish for Coho
salmon within three-hundred feet (300’) of the
lower weir on the Platte River as long as the state of
Michigan prohibits harvests of Coho salmon in such
waters.
ii.
General- It shall be unlawful to fish within threehundred feet (300’) of any of other state of
Michigan’s salmon egg collection weirs while in
operation.
Sturgeon
a.
b.
Lake Otsego System
i.
Season-open all year.
iii.
Methods of Harvest – the use of spears, bow, hook
and line, dip nets and hands are allowed.
iv.
Size limit- no size limit.
v.
Bag limit- one per year.
Black Lake System
i.
Permit Fishery Only- No member shall fish for
sturgeon on Black Lake without possessing a valid
sturgeon harvest permit issued by the Tribe.
ii.
Tribal citizens interested in harvesting sturgeon
must apply for a harvest permit. Sturgeon tag/permit
application period is Nov.1 through Jan.1. Tribal
citizens shall be limited to one permit per year.
Successful applicants must wait a minimum of three
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years before reapplying.
F.
G.
iii.
Methods of Harvest – the use of spears, bow, hook
and line, dip nets and hands are allowed.
iv.
Season- February 1- June 15.
v.
Size limit- no size limit.
vi.
Bag limit- one per permit.
vii.
Tagging- Upon the harvest of a sturgeon, the holder
of valid sturgeon harvest tag shall immediately
attach the harvest tag to the sturgeon. The tag shall
remain attached until the sturgeon is registered and
sealed. The sturgeon must be registered within
twenty-four (24) hours of the kill.
viii.
Registration. As soon as practical but no more than
24hrs after the harvesting of the sturgeon and before
processing for long term storage or consuming of
the sturgeon, the permittee shall have the sturgeon
checked in and sealed by a LTBB NRD or MDNRE
biologist.
Reporting. In addition to the Tribal License required by this section,
Tribal citizens are also required to obtain and submit complete harvest
reports for the harvest of the species of fish listed below with a cross-bow,
spear, club, hands, dip net, trot line or bow fishing equipment. Except that
Tribal citizens will not be required to submit harvest reports or fish reports
for fish speared through the ice.
1.
Harvest reports must be obtained from and submitted to the
Natural Resource Department upon the harvesting of walleye,
northern pike, muskellunge, salmon, trout (including rainbow trout
(steelhead) and brook trout) via the use of spear, club, short seine,
hands, dip net, cross-bow, trot line or bow and arrow.
2.
Harvest reports shall indicate the body of water where the harvest
took place, date of harvest, and number harvested for each species.
3.
Harvest reports shall be submitted within seven (7) days of harvest
date.
Possession Seasons.
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1.
All Species except those listed below – Open all year (no closed
Season).
2.
Grayling - No open season.
3.
Lake Sturgeon –
4.
a.
Otsego Lake- Open all year.
b.
Black Lake- February 1- June 15 (permit only).
Brown and Brook Trout.
a.
b.
5.
Trout stream Types 1, 2, 4 (See Supplemental A, Regulated
Fishing Locations, for exact descriptions and locations).
i.
Lower Peninsula- Open December 1through
October 14.
ii.
Upper Peninsula- Open November 16 through
September 30.
Trout stream Types 5, 6,7 (See Supplemental A, Regulated
Fishing Locations, for exact descriptions and locations).
i.
Open last Saturday in April through September 30.
ii.
Type 7- No possession. Catch and Release only.
Walleye.
a.
Open Seasons.
i.
Bay de Noc Tributaries- May 15 through March 15.
ii.
Upper Peninsula Lake Systems (inland systems)
May 15 through April 1.
iii.
Lower Peninsula Lake Systems (inland systems)
Last Saturday in April through March 15.
iv.
Great Lake Tributaries- Open all year.
v.
Great Lakes- See Great Lake regulations
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b.
H.
Size Limits.
1.
I.
Restricted Fishing Method Permits- Permits may be
obtained to fish or/possess walleye during the closed
seasons referenced above.
Trout and Salmon.
a.
Lakes - ten-inch (10") minimum.
b.
Streams - eight-inch (8") minimum.
c.
Brook Trout- seven-inch (7”) minimum in streams.
2.
Largemouth and small mouth bass - twelve-inch (12") minimum.
3.
Northern pike - twenty-inch (20") minimum. Except that the lakes
listed in Supplement A, Pike No Size Limit Lakes shall have no size
limit.
4.
Muskellunge and tiger muskellunge - forty-two inch (42")
minimum.
5.
Walleye - fourteen inch (14") minimum.
6.
Bluegill, sunfish, crappie, Lake Whitefish, Menominee, rock bass,
perch, catfish species, and other species not listed - No minimum
size.
7.
Sturgeon- no size limit
Creel Limits.
1.
Lake trout, rainbow trout, splake, brook trout and brown trout five (5) per species per day in lakes with a maximum of ten (10) in
combination.
2.
Brook trout, brown trout, rainbow trout in streams - a maximum of
ten (10) in any combination.
3.
Coho, Atlantic, Humpback/Pink and Chinook salmon – ten (10)
per species per day.
4.
Muskellunge and tiger muskellunge - one (1) per day.
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5.
Largemouth bass, small mouth bass, walleye and sauger – ten (10)
per day.
6.
Bluegill, sunfish, crappie, Lake Whitefish, rock bass yellow perch
and all other species not listed - fifty (50) per day.
7.
Northern Pike - five (5) per day. No Size Limits Lakes- ten (10)
per day.
8.
Smelt-
9.
XII.
a.
Hook and line- no limit.
b.
Seine- two gallons.
Lake Sturgeona.
Otsego Lake Only – one (1) per season.
b.
Black Lake- permitted fishery only, one per permit.
Amphibians and Reptiles Regulations
A.
General Regulations. Amphibians and Reptiles may not be shot with
firearms (including spring, air, or gas propelled), conventional bow, crossbow, or slingshot.
B.
Endangered and Threatened Species. No animal as defined in Section
II(N) or Section II(RR) shall be taken or possessed except as authorized by
the Natural Resources Department.
C.
Amphibians. Amphibians may be taken the last Saturday in May through
November 15 with no size limit. No more than fifty (50) of each species
shall be taken per day and not more than one-hundred (100) of any species
may be in possession at any given time.
D.
Snapping Turtles. Snapping turtles and soft shell turtles – July 1 through
September 30, twelve inch (12”) carapace length.
E.
Equipment. Taking of amphibians and reptiles may be done by hand,
trap, dip nets, seines and hook and line. Frogs may be speared.
F.
Personal Use. Taking of amphibians and reptiles shall be for personal use
only.
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G.
Turtle Trapping. All traps used for turtles shall also have at least four
inches (4”) of air space inside the trap.
XIII. Wildlife Damage and Nuisance Animal Control.
A.
Nuisance Control Permit. A special use permit(s) may be issued by
Tribe’s Natural Resource Department to take, possess or relocate wild
animals that are damaging or about to damage property owned or
controlled by the Tribe or a Tribal citizen. The permit shall be subject to
such terms and conditions as deemed necessary or appropriate by the
department and shall require the Tribal citizen to report whether the
animal was killed.
B.
Private Property Permission. Coyote, raccoon or crow may be taken on
private property with permission from the owner, at any time if the animal
poses an immediate threat of harm to any live stock or person(s). All take
under this provision must be reported to the Natural Resource Department
within twenty-four (24) hrs.
XIV. Gathering on State Land Regulations.
A.
It shall be lawful for Tribal citizens to gather plant materials and other
natural resources on State lands for personal, medicinal, cultural, or
traditional craft use, subject to the following regulations:
1.
Maple Syrup/Sugar Bushes - Tribal citizens shall be required to
obtain a valid Tribal permit before engaging in sugar bush
operations on State Forest land. Operations over twelve (12) trees
will only be permitted in “Special Conservation Area (SAC).”
Tribal citizens may request an area be placed into a SAC for Sugar
Bush subject to Tribal and MDNR joint approval.
a.
2.
Restrictions.
i.
It shall be unlawful to use tubing; to construct new
trails or roads to access sugar bushes or to construct
permanent structures.
ii.
Temporary structures may be permitted. Any
temporary structures and/or any refuse shall be
removed by the end of the permit expiration date.
Firewood - Tribal citizens shall obtain a valid Tribal permit before
collecting firewood from State Forest land. The gathering of
firewood will only be permitted in designated firewood collection
areas. Tribal citizens may request an area be placed into designated
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firewood collection areas subject to Tribal and MDNR joint
approval.
a.
3.
Restrictions - It shall be unlawful to:
i.
Cut or gathering trees except those that are dead and
down;
ii.
Collect firewood within State timber sale contract
areas unless written permission is obtained from the
timber sale contractor;
iii.
Cut or gather trees marked with paint;
iv.
Cut or gather cedar and hemlock trees, provided
that this provision will not prohibit gathering of
cedar or hemlock boughs (see Conifer boughs
below section XIV(A,3);
v.
Sell firewood cut or gathered from State Forest
land;
b.
Firewood permits will be issued for a maximum of five (5)
standard cords per permit, and that only one permit per
household per year will be issued.
c.
Tribal citizens shall have a valid Tribal permit in their
possession when collecting firewood.
Conifer Boughs - Tribal citizens shall obtain a valid Tribal permit
before collecting conifer boughs from State Forest land. The
gathering of conifer boughs will only be permitted in designated
collection areas or dead and down trees. Tribal citizens may
request an area be placed into a designated collection area subject
to Tribal and MDNR joint approval.
a.
Restrictions - It shall be unlawful to:
i.
Collect conifer boughs within twenty feet (20’) of
the edge of roads, designated trails, or Streams;
ii.
Establish new trails or roads to access collection
areas;
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4.
5.
iii.
Cut down trees for the purpose of gathering conifer
boughs;
iv.
Remove boughs from trees less than twelve feet
(12’) in height;
v.
Remove boughs from the upper half of a tree;
vi.
Gather or cut cedar or hemlock boughs for other
than modest quantities for personal medicinal or
limited ceremonial uses;
vii.
Collect conifer boughs for commercial use, except
for individuals making traditional handcraft items.
viii.
Sell firewood cut or gathered form State Forest
land;
Black Ash, Basswood and/or Ironwood. Tribal citizens shall
obtain a valid Tribal permit before collecting Black Ash,
Basswood or Ironwood from State Forest land. The gathering of
conifer boughs from live trees will only be permitted in designated
collection areas. - Tribal citizens may request an area be placed
into a designated collection area subject to Tribal and MDNR joint
approval.
a.
Restrictions - It shall be unlawful to a cut Black Ash,
Basswood and/or Ironwood for commercial use, except for
individuals making traditional handicraft products.
b.
Tribal citizens shall have a Tribal permit in their possession
when collecting black ash, basswood, or ironwood on state
or Tribal lands.
White Birch Bark - Tribal citizens shall obtain a valid Tribal
permit before collecting white birch bark from State Forest land.
The gathering of white birch bark will only be permitted in
designated collection areas and during authorized times of the year.
Tribal citizens may request an area be placed into a designated
collection area subject to Tribal and MDNR joint approval.
a.
Restrictions- It shall be unlawful to:
i.
Collect white birch bark form live trees within
thirty-three feet (33’) of the edge of roads or
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designated trails;
ii.
b.
XV.
Collect white birch bark for commercial use, except
for individuals making traditional handicraft items.
Tribal citizens shall have a Tribal permit in their possession
when collecting White Birch bark.
B.
Modest Personal Sale. Tribal citizens may gather plants and the products
thereof, such as wild berries, mushrooms, pine cones, nuts and fruits, for
producing modest levels of commodities for personal sale and may use the
parts of harvested plants for the manufacture and sale of handicraft
products.
C.
Endangered Species. It shall be unlawful to gather, collect, or be in
possession of any vegetation or parts of any threatened or endangered
species.
D.
Private Property. Permission must be obtained from a private land
owner prior to gathering on such land.
Access to State Land.
A.
Camping. Tribal citizens shall follow MDNR general camping
registration procedures, including payment of camping fees, and all other
applicable rules and regulations when camping in a within a State Park,
State Forest campground or on State Forest land.
B.
Fees to State Parks and Certain Launch Fees. Tribal citizen(s) engaged
in the exercise of a Tribal treaty-related Hunting, Trapping, Fishing, or
Gathering activities may have any entrance, use or launch fees associated
with the Tribal citizen’s use of such facilities waived when:
C.
1.
The Tribal citizen is in possession of a valid Inland
Hunting/Fishing/Gathering license; and
2.
The Tribal citizen is in possession of a valid Tribally issued
vehicle access placard and has it properly displayed in the window
on the passenger side of the vehicle.
Enforcement of Campground Rules. State of Michigan State park
rangers are authorized to enforce State park regulations within State parks
on Tribal citizens while at the campground.
XVI. Use and Construction of Temporary Structures on State Land.
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A.
Tribal citizens may be authorized to place temporary structures on State
lands in accordance with the following provisions.
1.
Temporary Structures of one-hundred (100) sq. ft. or less. Tribal
citizens seeking to construct a temporary structure, such as a sweat
lodge, which occupies no more than one-hundred (100) square feet
on State Forest lands shall be required to obtain and post a costfree MDNR dispersed camping permit on site. Permits can be
obtained from the Tribal Natural Resource Department Office or
local MDNR State Forest Office.
2.
Temporary Structures of one-hundred (100) sq. ft. or more. Tribal
citizens seeking to construct temporary structures over onehundred (100) sq. ft. must contact the Natural Resource
Department and fill out a “Special Use Temporary Structure
Permit” form. The Department may reserve up to thirty (30) days
to review the application.
3.
Prohibition of Non-native Materials. It shall be unlawful to
construct a temporary structure of any size (Hunting Blinds
exempted) on State lands from non-native, processed materials,
such as dimensional lumber, plywood, siding or roofing, except
that Tribal citizens may use canvas tarps or similar materials on
temporary structures if removed from the site after use.
4.
Duration of Use. It shall be unlawful to leave a temporary
structure on State Forest lands for fifteen (15) days or more unless
the Tribal citizen received advanced approval from the Tribal
Natural Resource Department. All requests for extended stays over
fifteen (15) days must be received a minimum of thirty (30) days
prior to the construction, placement and use of the temporary
structure on State lands. All structures must be dismantled and
removed after use.
XVII. Possession and Use for Religious Purposes.
A.
No animal shall be taken, or plant or mineral gathered, by any Tribal
citizen for any purpose except as generally allowed for in these regulations
or by the Special Use Permit issued by the Tribe.
B.
Nothing in these regulations shall be construed to prohibit the possession
or use of any species of plant or animal by a Tribal citizen for spiritual
practices.
C.
If a Tribal citizen finds a dead eagle, hawk, fur bearer, or any threatened
or endangered species, the Tribal citizen shall report the finding as soon as
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possible to the Natural Resources Department. The Tribal citizen should
direct the appropriate authority to the place where the carcass was found.
A Tribal Enforcement Officer shall take a sworn statement from the Tribal
citizen regarding the circumstance under which the carcass was found. If
the Enforcement Officer or appropriate Tribal Authority is satisfied that
the Tribal citizen was in no way involved with the intentional taking of the
animal, the Tribal citizen may either keep the carcass or any part of it for
spiritual practices or donate it to the Tribal repository, provided such
action does not violate an applicable federal law.
D.
To the extent determined permissible under applicable federal law, the
Tribe may maintain a repository to keep parts of eagles, hawks, fur
bearers, and any endangered species from species either taken in violation
of these regulations or other applicable Tribal law. Tribal citizens may
request in writing animal parts from the repository for spiritual practices.
The Tribe will develop regulations to process such requests so that items
in the repository can be distributed to Tribal citizens in a fair and efficient
manner. The Tribe may issue possession licenses if needed to protect
Tribal citizens from non-tribal law enforcement agencies.
XVIII. General Prohibitions.
A.
It shall be unlawful to:
1.
Exceed established limits, or prohibited means of taking,
E’weesi’ek (game), fish, reptiles, amphibians, or violate any other
terms or conditions contained in any Special Use Permit.
2.
Refuse to produce a license, permit, tag or other identification
upon the request of a Law Enforcement Officer.
Refuse to consent to any inspection or search as authorized in
Section VII.B.5 of WAGANAKISING ODAWAK STATUTE
2008-012 NATURAL RESOURCES PROTECTION.
3.
4.
Harass or interfere with any legal licensed person fishing, hunting,
trapping or gathering or any duly authorized biological staff while
in the performance of their duties.
5.
Fail to make a reasonable effort to recover dead or wounded game
or migratory birds.
6.
Engage in wanton destruction of game, migratory birds or fish.
7.
Harvest animals or fish outside of permit/tag assigned units, areas,
lake systems or streams.
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XIX. Enforcement. LTBB Conservation Enforcement Officers, conservation
enforcement officers of one or more of the other Tribes if cross deputation
agreements are entered into, and conservation officers duly employed by the state
of Michigan if the prerequisites stated in the 2007 Inland Consent Decree are in
place, are authorized to enforce the provisions of these regulations. Violations
shall be processed through the LTBB Tribal Court.
XX.
Penalties and Fines.
A.
Suspension or Revocation. Any licenses or permits authorized by this
Code may be suspended or revoked by the Tribe, acting through the
Natural Resources Commission or Tribal Court.
B.
Violations. Any violation of these regulations regarding gathering,
season, bag and creel limits, or restrictions on method or matter of
gathering, or taking, E’weesi’ek (game) or fish shall be tried before the
Tribal Court under such procedures as are prescribed by the Court Rule or
Tribal law.
C.
Civil Infractions. These Regulations are civil in nature. Violations may
be punished by suspension or revocation of the fishing, hunting, and/or
trapping license or any permit(s) of the violator, assessment of a fine of
not less than $50.00 and no more than $1,000.00, assessment of
community service hours, forfeitures as set forth in Section XX.D,
restitution as set forth in Section XX.E below and any other penalty
provided for by the civil or criminal code of the Tribe for violations within
its jurisdiction.
D.
Forfeiture. Any person convicted of any violation of these regulations
may, at the Court’s discretion, have any materials seized in accordance
with Section VII.B.5 of WAGANAKISING ODAWAK STATUTE 2008012 NATURAL RESOURCES PROTECTION permanently forfeited in
addition to any other fines or penalties imposed by the Tribal Court.
E.
Restitution. Any person convicted of any violation of these regulations
may, at the Court’s discretion, be charged the cost of providing equitable
restitution to the Tribe for the damage which would be caused by each
violation in addition to any other fines or penalties imposed by the Tribal
Court. A person found liable for an infraction, upon a charge of illegal
taking, killing, or possession of a plant, fish, migratory bird, or wildlife
creature, shall reimburse the Tribe for each plant, fish, migratory bird, or
wildlife creature, according to the following schedule.
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SPECIES
Sturgeon, Grayling, any Endangered or
Threatened Species
Elk, bear
Deer, wild turkey
Beaver, mink, otter, badger, bobcat
Muskellunge, Tiger muskellunge
Any waterfowl,
Lake Trout, Brown trout, Rainbow
trout, brook trout, Largemouth bass,
Smallmouth bass,
Walleye, Northern pike, Whitefish,
Menominee whitefish
Rabbit, muskrat, squirrel, raccoon
Ruffed grouse, woodcock, mourning
dove, ringneck pheasant, quail,
sharptail grouse
Any fish or E’weesi’ek (game) animal
not named
$1000
$500
$250
$100
$50
$30
$25
F.
Tribal Citizen Responsibility. It shall be no defense in any criminal or
civil prosecution under these regulations pertaining to hunting, fishing,
trapping, or gathering, for a Tribal citizen to claim a lack of awareness or
understanding of law or regulations.
G.
Federal Prosecution. Nothing in these regulations shall be deemed to
preclude federal prosecution. Federal prosecution may be pursued in
addition to or in lieu of other enforcement procedures provided by this
Code.
H.
State Jurisdiction Preempted. It shall not be a defense to any civil
infraction or criminal offense under this chapter that the alleged activity
may be lawful under state law.
I.
Repeat Offenders. Repeat offenders may be fined up to $5,000 and/or
lose their hunting, trapping, fishing or gathering license(s) for specified
periods of time as deemed appropriate by the Natural Resource
Commission.
J.
Formal Complaint Process. Any Tribal citizen may file a formal
complaint of unprofessional conduct against any Tribal or State
Conservation Officer. Forms for filing formal complaints may be obtained
from the Natural Resource Department.
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NON-TRIBAL CITIZEN ASSISTANCE
General Principle 1. A Tribal citizen may engage in Hunting, Fishing, Trapping, or
Gathering with any other person who is not a Tribal citizen of an 1836 Treaty Tribe, provided
that the non-Tribal citizen possesses a license from, and complies with, the laws of the state
of Michigan governing the subject activity.
General Principle 2. No Tribal citizen may be assisted in carrying out a usufructuary activity
by a person who is not a Tribal citizen of an 1836 Treaty Tribe, unless the non-Tribal citizen
is the spouse, parent, grandparent, child, grandchild, or sibling of the Tribal citizen, and the
Tribal citizen is physically present during the activity.
General Principle 3. Permitted assistance by authorized non-Tribal citizens (as defined in
General Principle 2) shall not include using a spear or other gear to harvest fish, using a
firearm or bow, setting or placing traps or snares, uprooting a plant, or removing parts of
plant from a plant left growing.
General Principle 4. 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.
Table 1. No size limit Pike Lakes will update an add
Table 2. Walleye Lake Systems will update and add
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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.