Mille Lacs Band Statutes Annotated
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Mille Lacs Band Statutes Annotated
Amendments received through: December 10, 2024
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TITLE 11 - ENVIRONMENT, NATURAL
RESOURCES, ANIMALS AND PLANTS
Chapter
1. Environmental Protection
2. Solid Waste Disposal Recycling
3. Natural Resource Protection Code
4. Animals
5. 1837 Treaty Conservation Code for the Minnesota
Ceded Territory
Section
1
1001
2001
3001
4001
Historical and Statutory Notes
Band Statute 1163-MLC-21, T.I, § 18.01 provides: "If any provisions of the Band Statute, or the
application thereof, to any person, business, corporation or circumstance is held invalid, the invalidity
shall not affect other provisions or applications of this Band Statute which can be given effect without the
invalid provisions or application and to this end, the provisions of this Band Statute are declared
severable."
CHAPTER 1
ENVIRONMENTAL PROTECTION
Subchapter
1. General Provisions
2. Environmental Protection Ordinance
3. Litter
Section
1
101
201
Historical and Statutory Notes
The Preamble of Band Statute 1163-MLC-21 provides: "It is enacted by the Band Assembly of the NonRemovable Mille Lacs Bands of Chippewa Indians for the purpose of amending the environmental laws
to establish minimum requirements for air, water, land and natural resource pollution control within the
territorial jurisdiction of the Non-Removable Mille Lacs Bands of Chippewa Indians."
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SUBCHAPTER 1
GENERAL PROVISIONS
Section
1.
Purpose.
2.
Creation of Environmental Protection Commission.
3.
Selection and Terms of Office of Environmental Protection Commission.
4.
Environmental Protection Directives.
5.
Powers and Duties of Environmental Protection Commission.
6.
Entry Upon Property.
7.
Reports to Band Assembly.
8.
Emergency Powers.
9.
Jurisdictional Authority.
10. Judicial Authority.
11. Duty to Notify and Avoid Pollution.
12. Enforcement.
13. Law Enforcement and Natural Resources Officers; Powers.
14. Criminal Penalties.
15. Civil Penalties.
16. Defenses.
17. Actions to Recover Penalties or Damages.
18. Actions for Declaratory or Equitable Relief.
19. Exempt Acts.
20. Jurisdiction and Service of Process.
21. Notice to Band of Summons and Complaint.
22. Intervention.
23. Burden of Proof.
24. Collateral Estoppel.
25. Res Judicata.
26. Relief.
27. Rights and Remedies Non-Exclusive.
28. Statute of Limitations.
29. Recovery of Litigation Costs and Expenses.
30. Sovereign Immunity.
31. Construction.
§ 1. Purpose.
(a)
The purpose of Subchapters 1 and 2 of this chapter is to achieve a reasonable degree
of purity of air, water, land, and natural resources of the Band consistent with the
maximum enjoyment and use thereof in furtherance of the welfare of all persons
within the jurisdiction of the Band. Subchapters 1 and 2 of this chapter are enacted by
the inherent aboriginal and sovereign rights of the members of the Non-Removable
Mille Lacs Bands of Chippewa Indians, the Treaties of 1837 and 1855, and by the
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authority vested in the Non-Removable Mille Lacs Bands of Chippewa Indians under
Article I, Section 3; Article VI, Sections 1 and 2; and Article XIII of the Constitution
of the Minnesota Chippewa Tribe.
(b)
It is the purpose of Subchapters I and II of this chapter to establish and further the
environmental policies of the Bands to provide for the prevention, control and
abatement of the pollution of the air, water, and land, so far as feasible and practical,
in furtherance of conservation of the natural resources and public health and safety of
all territories subject to the jurisdiction of the Band. It is hereby declared that such
efforts are necessary for the protection of present and future vital security interests of
the Band and its members.
(c)
It is the purpose of Subchapters 1 and 2 of this chapter, to safeguard the air, waters
and lands of the Band from pollution by preventing any new pollution and abating
pollution existing upon enactment of this Band Statute, under a program consistent
with the declaration of policy hereinafter stated and the minimum environmental
standards established by the laws and regulations promulgated by the United States of
America, unless supplemented by more restricted standards of Band law.
(d)
It is the purpose of Subchapters 1 and 2 of this chapter, to perpetuate commonly held
traditional beliefs, amongst American Indian people that human beings have a duty to
peacefully co-exist within the natural environment. Human beings further have a
natural duty to protect the environment which provides humans with life-sustaining
natural resources.
(e)
It shall be the public policy of the Non-Removable Mille Lacs Bands of Chippewa
Indians that each person has an inalienable right to the protection, preservation, and
enhancement of air, water, land and other natural resources located within the
jurisdiction of the Band and that each person has a legal duty to aid in the protection,
preservation and enhancement of air, water, land and other natural resources located
within the jurisdiction of the Band, so that all human beings may live in harmony
with nature.
(f)
It shall be the public policy of the Non-Removable Mille Lacs Bands of Chippewa
Indians to enact and enforce a series of environmental protection measures which
shall, at a minimum equal the environmental protection laws of the United States of
America and, if necessary and prudent exceed the minimum standards established by
federal law.
Historical and Statutory Notes
Source:
Band Statute 1163-MLC-21, T.I, § 1.
Cross References
Band governmental power and sovereignty, see 2 MLBS § 1.
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§ 2. Creation of Environmental Protection Commission.
There is hereby created within the Natural Resources Administration, a separate administration
to be known as the Environmental Protection Commission of the Non-Removable Mille Lacs
Bands of Chippewa Indians.
Historical and Statutory Notes
Source:
Band Statute 1163-MLC-21, T.I, § 2.
§ 3. Selection and Terms of Office of Environmental Protection Commission.
(a)
The Environmental Protection Commission shall be comprised of a five-member
commission chaired by the Commissioner of Natural Resources. The remaining
members of the Commission shall be nominated by the Chief Executive and
confirmed by the Band Assembly to a four-year term of office to expire on June 30,
1992, and every four years henceforth from this date.
(b)
The members of the Commission shall be nominated as a consequence of their
individual education, abilities, knowledge of nature, concern and commitment
demonstrated for the environmental resources of the Band. The composition of the
Commission shall not be restricted to members of the Band and at least one seat shall
be filled by a person from the community surrounding the lands subject to the
jurisdiction of the Band.
Historical and Statutory Notes
Source:
Band Statute 1163-MLC-21, T.I, § 3.
§ 4. Environmental Protection Directives.
The public acts and deeds of the Agency shall be published in the form of Environmental
Protection Directives. Such written Directives shall be in uniform format, numbered
consecutively and have expiration dates. The Commissioner of Natural Resources is authorized
to execute such Directives in the name of the Commission, and to act in the name of the
Commission when public necessity so dictates a documented need to do so, or as set forth in 11
MLBS § 8.
Historical and Statutory Notes
Source:
Band Statute 1163-MLC-21, T.I, § 3.02.
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§ 5. Powers and Duties of Environmental Protection Commission.
The Environmental Protection Commission shall have the following powers and responsibilities:
(a)
To administer and enforce all environmental protection regulations, herein enacted, of
the United States of America and the Non-Removable Mille Lacs Bands of Chippewa
Indians;
(b)
To investigate the extent, character and effect of pollution of the air, water, land or
natural resources of the Band and to gather data and information necessary or
desirable in the administration or enforcement of pollution laws, and to make such
classification of the air, water, land or natural resources of the Band as it may deem
advisable; and, to take such measures as necessary to abate pollution;
(c)
To establish and alter such reasonable standards and regulations for quality air, water,
lands and other natural resources of the Band in relation to the public use and
enjoyment of the members as necessary to implement the purposes of Subchapters 1
and 2 of this chapter;
(d)
To adopt, issue, reissue, modify, deny, or revoke, enter into or enforce reasonable
orders, permits, variances, standards, regulations, schedules of compliance, and
stipulation agreements, under such conditions as it may prescribe, in order to prevent,
control or abate pollution of the air, waters, lands, or natural resources subject to the
jurisdiction of the Band;
(e)
To exercise all powers, duties and responsibilities, which are reasonably necessary for
the protection of the air, water, lands, and natural resources of the Band. All such
authority so exercised pursuant to this subsection shall be consistent in scope and
nature with authority delegated to the United States Environmental Protection Agency
by act of Congress or federal judicial interpretation of such act.
(f)
To enter into cooperative agreements with any environmental protection agency of
the United States, the State of Minnesota or any other federally recognized Indian
tribe relating to the purposes of Subchapters 1 and 2 of this chapter.
(g)
To receive and accept money, property or services from any person or from any
agency described in subsection (f) or from any other source for any purpose within
the scope of its functions, in the name of the Non-Removable Mille Lacs Bands of
Chippewa Indians. All monies so received are hereby appropriated for such purposes
in like manner and subject to like provisions of law as the corresponding
appropriations of all Band revenue. The Commission shall have no authority to waive
the sovereign immunity of the Non-Removable Mille Lacs Bands of Chippewa
Indians as a requisite to receipt of any domestic assistance or private funding.
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(h)
To issue, continue in effect or deny permits, under such conditions as it may prescribe
for the prevention of pollution, for the emission of air contaminants, or for the
installation or operation of any emission facility, air contaminant treatment facility
treatment facility, potential air contaminant storage facility, or storage facility, or any
part thereof, or for the sources or emission of either air or noise pollution on lands
subject to the jurisdiction of the Band.
(i)
To issue, continue in effect or deny permits, under such conditions as it may prescribe
for the prevention of pollution, for the storage, collection, transportation, processing,
or disposal of waste, or for the installation or operation of any system or facility, or
any part thereof related to the storage, collection, transportation, processing, or
disposal of waste.
(j)
To prohibit the introduction, storage, collection, processing, disposal, or
transportation of hazardous waste on lands subject to the jurisdiction of the Band.
(k)
To hold public hearings as it may deem necessary or advisable for the discharge of its
duties under this act. All hearings conducted by the Environmental Protection
Commission shall be recorded and transcribed. All final records, studies, reports and
other documents prepared in final form by order of, or for consideration of, the
Commission, are confidential records of the Non-Removable Mille Lacs Bands of
Chippewa Indians. Notwithstanding the foregoing, the Commission may disclose any
such information in order to comply with federal law and regulation, to the extent and
for the purposes of such federally required disclosure.
Historical and Statutory Notes
Source:
Band Statute 1163-MLC-21, § 4.
§ 6. Entry Upon Property.
Whenever the Commission deems it necessary for the purposes of Subchapters I and II of this
chapter, the Commission or any member, employee, or agent thereof, when authorized by it, may
enter upon any property subject to the jurisdiction of the Band or public lands not subject to the
jurisdiction of the Band, for the purpose of obtaining information or conducting surveys or
investigations.
Historical and Statutory Notes
Source:
Band Statute 1163-MLC-21, T.I, § 4.12.
§ 7. Reports to Band Assembly.
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The Environmental Protection Commission shall, before December 1 of each year, prepare a
report of progress on abatement and control of air, water, land or natural resource pollution with
recommendations for legislation in furtherance of the Band's environmental policies.
Historical and Statutory Notes
Sourc:
Band Statute 1163-MLC-2 1, T.I, § 20.
§ 8. Emergency Powers.
In the event that there is imminent and substantial danger to health and welfare of the members
of the Band as a result of the pollution of air, water, land or natural resources; upon such finding,
the Environmental Protection Commission may by emergency directive order the immediate
discontinuance of abatement of such pollution without notice and without a hearing, or at the
request of the Commission, the Solicitor General of the Band may bring an action in the name of
the Band in any court of competent jurisdiction for a temporary restraining order to immediately
abate or prevent such pollution. Such Commission directive or temporary restraining order shall
remain effective until notice, hearing and determination are affected pursuant to other provisions
of law, or, in the interim, as otherwise ordered. Such Commission directive shall be appealable to
the Court of Central Jurisdiction.
Historical and Statutory Notes
Source:
Band Statute 1163-MLC-21, T.I, § 21.
§ 9. Jurisdictional Authority.
The Environmental Protection Commission shall exercise all the environmental jurisdiction
possessed by the Non-Removable Mille Lacs Bands of Chippewa Indians as stated herein:
(a)
The Non-Removable Mille Lacs Bands of Chippewa Indians shall exercise concurrent
environmental jurisdiction with the United States of America over the air space
encompassing all lands and waters subject to the jurisdiction of the Band.
(b)
The Non-Removable Mille Lacs Bands of Chippewa Indians shall exercise concurrent
environmental jurisdiction with the United States of America over all streams, lakes,
ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers,
irrigation system, drainage systems and all other accumulations of water, surface or
underground, natural or artificial, public or private, which are contained within, flow
through or border upon lands of the Mille Lacs Bands of Chippewa Indians.
(c)
The Non-Removable Mille Lacs Bands of Chippewa Indians shall exercise concurrent
environmental jurisdiction with the United States of America over:
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(1)
all lands within the exterior boundaries of the Mille Lacs Reservation and
Sandy Lake Reservation as established by the Treaty of 1855;
(2)
all lands held in trust by the United States of America for the benefit of the
Minnesota Chippewa Tribe, which are lawfully delegated to the jurisdiction of
the Mille Lacs Bands; and, all lands held in trust by the United States of
America for the benefit of the Non-Removable Mille Lacs Bands of Chippewa
Indians;
(3)
all lands subject to the jurisdiction of the Band pursuant to federal law,
notwithstanding the issuance of any patent, and including rights-of-way
running through said lands;
(4)
all individual allotments for the benefit of any member of the Non-Removable
Mille Lacs Bands of Chippewa Indians which are located within the exterior
boundaries of the Mille Lacs and Sandy Lake Reservations as established by
the Treaty of 1855;
(5)
all lands held in fee status in the name of the Non-Removable Mille Lacs
Bands of Chippewa Indians which are located within the exterior boundaries
of the Mille Lacs and Sandy Lake Reservations as established by the Treaty of
1855.
(d)
The criminal and civil jurisdiction of the Non-Removable Mille Lacs Bands of
Chippewa Indians shall extend to all enrolled members of the Mille Lacs Bands of
Chippewa Indians, enrolled members of the Minnesota Chippewa Tribe who reside
within the territorial jurisdiction of the Mille Lacs Bands of Chippewa Indians,
Indians from other tribes who enter the territorial jurisdiction, including Indian
Country, of the Mille Lacs Bands of Chippewa Indians, Indians from other tribes who
enter the territorial jurisdiction of the Mille Lacs Bands of Chippewa Indians by
virtue of residency, employment or violation of Mille Lacs Band Statute(s) within the
territorial jurisdiction of the Mille Lacs Bands of Chippewa Indians.
(e)
The exercise of civil jurisdiction of the Non-Removable Mille Lacs Bands of
Chippewa Indians over non-Indians, in environmental protection causes of action
shall exist to the extent authorized by the laws of the United States of America. The
criminal jurisdiction of the Non-Removable Mille Lacs Bands of Chippewa Indians
shall not extend to non-Indians.
(f)
The jurisdiction of the Non-Removable Mille Lacs Bands of Chippewa Indians shall
extend to all persons, political sub-divisions and their officers and agents, public or
private corporations, associations, partnerships and any other individuals or entities
who shall violate the environmental protection laws of the Band within the exterior
boundaries of the Mille Lacs and Sandy Lake Reservations or on lands held in trust or
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fee status in the name of the Band, as authorized pursuant to the laws of the United
States of America.
Historical and Statutory Notes
Source:
Band Statute 1163-MLC-21, T.I, § 5.
Cross References
Jurisdiction of Court of Central Jurisdiction, see 5 MLBS §§ 111-113.
§ 10. Judicial Authority.
(a)
The Court of Central Jurisdiction shall have original jurisdiction over any civil or
criminal violation of the environmental protection laws of the Non-Removable Mille
Lacs Bands of Chippewa Indians, subject to the provisions of 11 MLBS § 9.
(b)
The Court of Central Jurisdiction is hereby authorized to dismiss and transfer any
cause of action where jurisdiction cannot be lawfully exercised, to any court of
competent jurisdiction entitled to adjudicate said cause of action.
Historical and Statutory Notes
Source:
Band Statute 1163-MLC-21, T.I, § 6.
Cross References
Jurisdiction of Court of Central Jurisdiction, see 5 MLBS §§ 111-113.
§ 11. Duty to Notify and Avoid Pollution.
It is the duty of every person subject to the jurisdiction of the Non-Removable Mille Lacs Bands
of Chippewa Indians to notify the Environmental Protection Commission immediately of the
discharge, accidental or otherwise, of any substance or material under its control which, if not
recovered, may cause pollution of the air, waters, lands or natural resources of the Band, and the
responsible person shall recover as rapidly and as thoroughly as possible such substance or
materials, and take immediately, such other action as may be reasonably possible to minimize or
abate pollution of the air, waters or lands of the Band.
Historical and Statutory Notes
Source:
Band Statute 1163-MLC-21, T.I, § 8.
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§ 12. Enforcement.
The provisions of Subchapters 1 and 2 of this chapter and all regulations, standards, orders,
stipulation agreements, schedules of compliance and permits adopted or issued by the
Environmental Protection Commission for the prevention, control, or abatement of pollution of
the air, water, lands or natural resources subject to the jurisdiction of the Mille Lacs Bands of
Chippewa Indians may be enforced by any one or any combination of the following:
(a)
Criminal prosecution;
(b)
Action to recover civil penalties;
(c)
Injunctions;
(d)
Action to compel performance; or
(e)
Other appropriate action in accordance with other provisions of Subchapters 1 and 2
of this chapter.
Historical and Statutory Notes
Source:
Band Statute 1163-MLC-21, T.I, § 7.
§ 13. Law Enforcement and Natural Resources Officers; Powers.
Any duly authorized law enforcement officer or natural resources officer of the Non-Removable
Mille Lacs Bands of Chippewa Indians is hereby authorized to take all action to the extent of
their authority that may be necessary or proper for the enforcement of Subchapters I and II of
this chapter, regulations, standards, directives, stipulation agreements, variances; schedule of
compliance or permits.
Historical and Statutory Notes
Source:
Band Statute 1163-MLC-21, T.I, § 7.01.
Cross References
Enforcement, Environmental Protection Ordinance, see 11 MLBS § 105.
§ 14. Criminal Penalties.
(a)
Any Indian who willfully or negligently violates any provision of Subchapters 1 and
2 of this chapter, or any standard, regulation, variance, directive, stipulation
agreement, schedule of compliance or permit issued or adopted by any environmental
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protection agency or government which violation is not included in subsection (b),
shall upon conviction be guilty of an environmental offense and may be sentenced to
imprisonment for no longer than one hundred and eighty days and/or a fine not to
exceed five thousand dollars.
(b)
Any Indian who willfully or negligently violates any provision of Subchapter 1 or 2
of this chapter or the provision of any federal law enacted for the protection of the
environment which is incorporated by reference into the laws of the Mille Lacs Bands
of Chippewa Indians, shall upon conviction, be guilty of an environmental offense
and may be punished by a fine schedule as promulgated by the Commissioner of
Natural Resources.
Historical and Statutory Notes
Source:
Band Statute 1163-MLC-21, T.I, § 9.
Cross References
Violations and penalties, Environmental Protection Ordinance, see 11 MLBS § 106.
§ 15. Civil Penalties.
(a)
Any person subject to the jurisdiction of the Band who violates any provision of
Subchapter 1 or 2 of this chapter or any provision of any federal law enacted for the
protection of the environment which is incorporated by reference into this chapter, or
any standard regulation, variance, directive, stipulation agreement, schedule of
compliance or permit issued or adopted by any environmental protection agency of
government shall forfeit and pay to the Band a penalty, in an amount to be determined
by the court, of not more than five thousand dollars per day of violation.
(b)
In addition, in the discretion of the court, the defendant may be required to:
(1)
Forfeit and pay to the Band a sum which will adequately reimburse any
vendor for the reasonable value of cleanup and other expenses directly
resulting from unauthorized discharge of pollutants, whether or not accident;
and
(2)
Forfeit and pay to the Band an additional sum to constitute just compensation
for any loss or destruction of wildlife, fish or other aquatic life, and birds and
for other proven actual damages to the Band caused by an unauthorized
discharge of pollutants.
Historical and Statutory Notes
Source:
Band Statute 1163-MLC-21, T.I, § 10.
11
Cross References
Violations and penalties, Environmental Protection Ordinance, see 11 MLBS § 106.
§ 16. Defenses.
As a defense to any said damages, the defendant may prove that the violation was caused solely
by:
(a)
natural causes;
(b)
negligence on the part of the Mille Lacs Bands of Chippewa Indians of some other unit
of government; or
(c)
an act or failure to act which constitutes sabotage or vandalism, or (d) any combination
of the foregoing subsections.
Historical and Statutory Notes
Source:
Band Statute 1163-MLC-21, T.I, § 10.03.
§ 17. Actions to Recover Penalties or Damages.
The civil penalties and damages provided for in 11 MLBS § 16 may be recovered by a civil
action brought by the Solicitor General in the name of the Non-Removable Mille Lacs Bands of
Chippewa Indians in the Court of Central Jurisdiction or in any other court of competent
jurisdiction of the State of Minnesota or Wisconsin provided that this chapter is utilized to
commence and determine the rights and obligations of the parties, pursuant to the provisions of
28 USC 1360(d) or any other applicable federal law.
Historical and Statutory Notes
Source:
Band Statute 1163-MLC-21, T.I, § 10.04.
Cross References
State civil jurisdiction, Environmental Protection Ordinance violations, see 11 MLBS § 128.
§ 18. Actions for Declaratory or Equitable Relief.
Any person residing on trust land subject to the jurisdiction of the Band, the Solicitor General, on
behalf of the Band or any instrumentality or administration of the Band may maintain a civil
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action in the Court of Central Jurisdiction for declaratory or equitable relief in the name of the
Non-Removable Mille Lacs Bands of Chippewa Indians against any person, for the protection of
the air, water, land or other natural resources located within the jurisdiction of the Band, whether
publicly or privately owned, from pollution, impairment or destruction.
Historical and Statutory Notes
Source:
Band Statute 1163-MLC-21, T.I, § 11.
§ 19. Exempt Acts.
No action shall be permitted pursuant to 11 MLBS § 18 for acts taken by a person which do not
and cannot reasonably be expected to pollute, impair, or destroy any other air, water, land or
natural resources located within the jurisdiction of the Band. Neither shall actions be permitted
under 11 MLBS § 18 for conduct taken by a person pursuant to established environmental
quality standards of Band law, any regulation, rule, declaration, license, stipulation agreement or
permit issued by the Mille Lacs Environmental Protection Commission.
Historical and Statutory Notes
Source:
Band Statute 1163-MLC-21, T.I, § 11.01.
§ 20. Jurisdiction and Service of Process.
As to any cause of action arising under 11 MLBS § 18, the Court of Central Jurisdiction may
exercise personal jurisdiction to the extent permissible by the laws of the Mille Lacs Bands and
the United States and service of process on any person who is subject to the jurisdiction of the
Court of Central Jurisdiction may be made by personally serving the summons upon the
defendant who may be outside of the jurisdiction of the Band with the same effect as though the
summons had been personally served within the jurisdiction of the Band.
Historical and Statutory Notes
Source:
Band Statute 1163-MLC-21, T.I, § 14.
Cross References
Personal jurisdiction, Court of Central Jurisdiction, see 5 MLBS § 113.
§ 21. Notice to Band of Summons and Complaint.
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Within seven days after commencing such action, the plaintiff shall cause a copy of the summons
and complaint to be served upon the Solicitor General and the Commissioner of Natural
Resources.
Historical and Statutory Notes
Source:
Band Statute 1163-MLC-21, T.I, § 11.02.
§ 22. Intervention.
In any action maintained under 11 MLBS § 18, the Solicitor General may intervene as a matter
of right and may appoint special counsel where as a result of such intervention he may represent
conflicting or adverse interests. Other interested parties may be permitted to intervene on such
terms as the court may deem just and equitable in order to effectuate the purposes and policies of
Subchapters 1 and 2 of this chapter.
Historical and Statutory Notes
Source:
Band Statute 1163-MLC-21, T.I, § 11.03.
§ 23. Burden of Proof.
(a)
In an action maintained pursuant to 11 MLBS § 18, where the subject of the action is
conduct governed by any provision of Subchapter 1 or 2 of this chapter or an action
by the Environmental Protection Commission, whenever the plaintiff shall have made
a prima facie showing that the conduct of the defendant violates or is likely to violate
any provisions of this Act or any action by the Environmental Protection
Commission, the defendant may rebut the prima facie showing by the submission of
evidence to the contrary.
(b)
In any other action maintained pursuant to 11 MLBS § 18, whenever the plaintiff
shall have made a prima facie showing that the conduct of the defendant has, or is
likely to cause pollution, impairment, or destruction of the air, water, land or other
natural resource located within the jurisdiction of the Band, the defendant may rebut
the prima facie showing by the submission of evidence to the contrary. The defendant
may also show, by way of an affirmative defense, that there is no feasible and prudent
alternative and the conduct at issue is consistent with and reasonably required for
promotion of the public health, safety and welfare in light of the Band's paramount
concern for the protection of the overall environment from pollution, impairment or
destruction. Economic considerations alone shall not constitute a defense hereunder.
(c)
In an action maintained under 11 MLBS § 18, the plaintiff shall have the burden of
proving that the environmental quality standard, limitation, regulation, rule, directive
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license, stipulation agreement or permit is inadequate to protect the air, water, land or
other natural resources located within the jurisdiction of the Band from pollution,
impairment or destruction by showing material evidence of such inadequacy.
Historical and Statutory Notes
Source:
Band Statute 1163-MLC-21, T.I, § 12.
§ 24. Collateral Estoppel.
Where any action maintained pursuant to 11 MLBS § 18 results in a judgment in favor of the
defendant that no violation of Subchapter 1 or 2 this chapter has occurred by said defendant, the
judgment shall not stop the Band from re-litigation of any or all of the same issues with the same
or other defendants unless the Band brought the prior action against the same or other defendant.
Historical and Statutory Notes
Source:
Band Statute 1163-MLC-21, T.I, § 11.04.
§ 25. Res Judicata.
Where any action maintained pursuant to 11 MLBS § 18 results in a judgment in favor of the
plaintiff, the judgment shall be res judicata between the parties in any action the Band may bring
against the same defendant.
Historical and Statutory Notes
Source:
Band Statute 1163-MLC-21, T.I, § 11.05.
§ 26. Relief.
The Court of Central Jurisdiction may grant declaratory relief, temporary and permanent
equitable relief, or may impose such conditions on the party as are necessary or appropriate to
protect the air, water, land or other natural resource located within the jurisdiction of the Band
from pollution, impairment or destruction. When the court grants temporary equitable relief, it
may require the plaintiff, except where the Band is plaintiff, to post a bond sufficient to
indemnify the defendant for damages suffered because of the temporary relief, if permanent
relief is not granted.
Historical and Statutory Notes
Source:
15
Band Statute 1163-MLC-21, T.I, § 13.
Cross References
Injunctions, Environmental Protection Ordinance, see 11 MLBS § 107.
§ 27. Rights and Remedies Non-Exclusive.
No existing civil or criminal remedy for any wrongful action shall be excluded or impaired by
Subchapter 1 or 2 of this chapter. The rights and remedies herein shall be in addition to any
administrative, regulatory, statutory or common law right and remedies now or hereafter
available.
Historical and Statutory Notes
Source:
Band Statute 1163-MLC-21, T.I, § 15.
§ 28. Statute of Limitations.
Proceedings in respect of an environmental offense pursuant to any provisions of Subchapter 1 or
2 of this chapter, may be instituted at any time within three years after the time when the subject
matter of the proceedings was discovered.
Historical and Statutory Notes
Source:
Band Statute 1163-MLC-21, T.I, § 17.
§ 29. Recovery of Litigation Costs and Expenses.
In any action brought by the Solicitor General, in the name of the Band, pursuant to Subchapter 1
or 2 of this chapter, for civil penalties, injunctive relief, or in an action to compel compliance, if
the Band shall finally prevail, and if the proven violation was willful, the Band, in addition to
other penalties provided in 11 MLBS § 15, may be allowed an amount determined by the court to
be the reasonable value of all or a part of the litigation expenses incurred by the Band. In
determining the amount of such litigation expenses to be allowed, the court shall give
consideration to the economic circumstances of the defendant.
Historical and Statutory Notes
Source:
Band Statute 1163-MLC-21, T.I, § 16.
16
§ 30. Sovereign Immunity.
The Non-Removable Mille Lacs Bands of Chippewa Indians shall not be subject to any
environmental suit in any court of competent jurisdiction without the expressed enactment of law
by the Band Assembly.
Historical and Statutory Notes
Source:
Band Statute 1163-MLC-21, T.I, § 19.
§ 31. Construction.
The Solicitor General or exterior legal counsel and the Court of Central Jurisdiction whichever is
applicable, shall liberally construe the provisions of Subchapters 1 and 2 of this chapter so as to
provide for the full force and effect of the purposes therein stated.
Historical and Statutory Notes
Source:
Band Statute 1163-MLC-21, T.I, § 18.
SUBCHAPTER 2
ENVIRONMENTAL PROTECTION ORDINANCE
Section
101. Title of Subchapter.
102. Statement of Purpose.
103. Definitions.
104. Jurisdiction.
105. Enforcement.
106. Violations and Penalties.
107. Injunctions.
108. Notice of Violation.
109. Default.
110. Setting Hearing Date.
111. Sewage Disposal System Permits.
112. Permits Generally.
113. Environmental Assessments and Impact Statements.
114. Format for The Environmental Impact Statement.
115. Variances.
116. Water-Policy and Goals.
117. Water-Definitions.
118. Water-Standards.
17
119.
120.
121.
122.
123.
124.
125.
126.
127.
128.
Air-Policy and Goals.
Air-Definitions.
Air-Standards.
Soils-Policy and Goals.
Soil-Definitions.
Soils-Standards.
Subsurface Resources.
Forestry-Policy and Goals.
Forestry-Standards.
State Civil Jurisdiction.
Historical and Statutory Notes
The Preamble of Band Statute 1091-MLC-24 provides: "It is enacted by the Band Assembly of the Mille
Lacs Band of Chippewa Indians in order to exercise a more effective form of tribal government to
regulate the natural resources of the Mille Lacs Band of Chippewa Indians."
§ 101. Title of Subchapter.
This subchapter shall be known as the Mille Lacs Band of Chippewa Indians Environmental
Protection Ordinance.
Historical and Statutory Notes
Source:
Band Statute 1163-MLC-21, T.II, § 1.
§ 102. Statement of Purpose
The Mille Lacs Band of Chippewa Indians Natural Resource Protection Ordinance to protect the
natural resources within the jurisdiction of the Mille Lacs Band of Chippewa Indians as defined
under the Constitution of the Minnesota Chippewa Tribe pursuant to Section 16 of the Act of
June 18, 1934 (48 Stat. 984), amended June 15, 1935 (49 Stat. 3781) and approved by the
Secretary of Interior on July 24, 1936. This subchapter is to provide a uniform set of standards
which are necessary to supplement the Mille Lacs Reservation's Conservation Code, so that
hunting, fishing, trapping, wild rice and all other natural resources of Reservations' and Bands'
may be preserved and protected. Where such Band laws and standards do not exist and are not
promulgated, these laws and standards will apply. And whereas the Mille Lacs Band of
Chippewa Indians finds that water is the primary resource of the natural resources system, the
protection of the quality and quantity of the water resources is the primary objective of these
laws and furthermore, the inter-relationships of water and other natural resources is such that the
management of soil, timber, air and mineral resources has both direct and indirect effects upon
the quality and quantity of the water, fish, wild rice and wildlife resources. These and all other
interaction of resources will be considered when planning and management activities are
engaged.
18
Historical and Statutory Notes
Source:
Band Statute 1091-MLC-24, § 1.01.
Band Statute 1163-MLC-21, T.II, § 1.01.
Cross References
Natural Resources Protection Code, see 11 MLBS § 2001.
§ 103. Definitions.
(a)
"Band" means the Mille Lacs Band of Chippewa Indians and the constituent Bands
of the Non-Removable Mille Lacs Band of Chippewa Indians.
(b)
"Clearcutting" means any timber harvested and timber cutting on any and all tracts
of land where the standing timber remains after harvesting or cutting is less than 40
trees of 8 inches or greater dbh per acre.
(c)
"Day" means a 24-hour period which shall be from 12:00:00 a.m. to 11:59:59 p.m. in
the Central Time zone of the United States.
(d)
"Lake" means anybody or accumulation of water, whether natural or artificial, the
majority of which is open water, which is an area 10 acres of more, and in depth at
least 15 feet at some point.
(e)
"Marsh, Wetland" means anybody or accumulation of water whether natural or
artificial, whether or not seasonal, where a majority area of the surface water contains
emergent vegetation.
(f)
"Non-Point Source" means man-made or man-induced pollution from any and all
sources not included in the point source definition.
(g)
"Open Water" means a water surface absent of emergent vegetation.
(h)
"Person" means any municipality, governmental sub-division, public or private
corporation, individual, partnership, or other entity, including but not limited to
association, commission or any interstate body, and includes any officer or governing
or managing body of any municipality, governmental subdivision, or public or private
corporation or other entity.
(i)
"Point Source" means any discernible, confined, and discrete conveyance, including
but not limited to any pipe, stack, ditch, channel, tunnel, conduit, well, discrete
fissure, container, rolling stock concentrated animal feeding operation, or vessel or
other floating craft, from which pollutants are or may be discharged.
19
(j)
"Pollution, Water Pollution, Air Pollution" means the man-made or man-induced
alteration of the chemical, physical, biological or radiological integrity of the waters
or atmosphere of the Mille Lacs Band of Chippewa Indians.
(k)
"Pond" means anybody or accumulation of water, whether natural or artificial, the
majority of which is open water, which is an area less than 10 acres, whether or not
seasonal.
(l)
"River, Stream" means any waterway or watercourse, whether natural or artificial,
whether or not seasonal, which follows a flow channel to any lake, pond, marsh, river
or to any other accumulation of water.
(m)
"Road" means any roadway, whether paved; graveled or otherwise surfaced, which
is maintained for public use of four-wheeled vehicles.
(n)
"Standard" means water quality and quantity standards, air quality standards and
soil protection standards as outlined in this Mille Lacs Band of Chippewa Indians
Resource Protection Ordinance.
(o)
"Waters of the Mille Lacs Band of Chippewa Indians" means all streams, lakes,
ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifer,
irrigation system, drainage systems and all other accumulations of water, surface or
underground, natural or artificial, public or private, which are contained within, flow
through or border upon lands of the Mille Lacs Band of Chippewa Indians, and which
are contained with, flow through or border upon any other lands where Mille Lacs
Band of Chippewa Indians member's rights of hunting, fishing, trapping and
gathering rice are reserved.
Historical and Statutory Notes
Source:
Band Statute 1091-MLC-24, § 2.
Band Statute 1163-MLC-21, T.I, § 2.
§ 104. Jurisdiction.
(a)
The jurisdiction of the Mille Lacs Band of Chippewa Indians under this subchapter
shall extend to:
(1)
All lands within the exterior boundaries of the constituent Bands of the NonRemovable Mille Lacs Band of Chippewa Indians as created by treaty,
Executive Order, or federal act, notwithstanding the issuance of any patent
and including rights-of-way running through said land.
(2)
All dependent Mille Lacs Band of Chippewa communities within the state of
Minnesota.
20
(3)
(b)
All Mille Lacs Band of Chippewa Indians allotments, whether within or
without the boundaries of member Bands, the Indian titles to which have not
been extinguished, including rights-of-way running through the same.
Jurisdiction shall extend over all persons or corporations whether Indian or non-Indian.
Historical and Statutory Notes
Source:
Band Statute 1091-MLC-24, § 3.
Band Statute 1163-MLC-21, § 3.
Cross References
Jurisdiction, Court of Central Jurisdiction, see 5 MLBS § 111.
§ 105. Enforcement.
This Title shall be enforced by Reservation Conservation Officers or any other duly appointed
officers of the Mille Lacs Band of Chippewa Indians or its member Bands or any other persons
as provided by the Ordinance of the Mille Lacs Band of Chippewa Indians or its member Bands.
Historical and Statutory Notes
Source:
Band Statute 1091-MLC-24, § 4.
Band Statute 1163-MLC-24, T. II, § 4.
Cross References
Law enforcement and natural resources officers, powers, environmental protection, see 11 MLBS § 13.
§ 106. Violations and Penalties.
Any violation of this subchapter shall be considered a civil offense subject to the following
penalties:
(a)
Pay the cost of any necessary cleanup, restoration or reclamation caused by the
violation, as ordered by the Court of Central Jurisdiction, or by any administrative body
with jurisdiction.
(b)
Pay any actual damages for injury to property, life or resources of any person,
corporation, or public body or governmental agency.
21
(c)
Pay as punitive damages a penalty of up to five hundred dollars per day for each day
of continuing violation.
Historical and Statutory Notes
Source:
Band Statute 1091-MLC-24, § 5.
Band Statute 1163-MLC-21, T.II, § 5.
Cross References
Civil penalties, environmental protection, see 11 MLBS § 15.
Criminal penalties, environmental protection, see 11 MLBS § 14.
§ 107. Injunctions.
All violations of this subchapter may be enjoined by order of any court with jurisdiction to
prevent continuing violations. Any violation of said order shall be in addition to said above
penalties and subject to punishment for contempt of court. Punishment for said contempt shall be
at the discretion of the court, subject only to those limitations prescribed by law.
Historical and Statutory Notes
Source:
Band Statute 1091-MLC-24, § 5.04.
Band Statute 1163-MLC-21, T. II, § 5.04.
Cross References
Actions for declaratory or equitable relief, environmental protection, see 11 MLBS § 18.
§ 108. Notice of Violation.
The Mille Lacs Band of Chippewa Indians or its member Bands through their duly appointed
officers shall give a written notice to any violators of this subchapter. Said notice shall be served
upon any violator by giving a copy of said notice to the violator if he/she can be located within
the jurisdiction of the Mille Lacs Band of Chippewa Indians or its member Bands. Service of
said notice may be given to serving a copy to said violator or leaving the notice at the residence
or place of business of said violator, with any adult and who resides in the residence or is
employed at the business of the violator. In the event the person or business causing the violation
is not within the jurisdiction of the Mille Lacs Band of Chippewa Indians or its member Bands,
then a notice may be posted on the land where offense is occurring. It shall be posted in a
conspicuous place. A copy shall also be mailed to the last known residence or business address
of the violator.
22
Said notice shall specify the nature of the violation, the location of the violation, and the section
of this subchapter being violated. It shall set a date for a hearing before the court or
administrative body as established by Band law. Said hearing shall be no sooner than five days
after service of said notice. In the event that no actual service can be made on a. violator because
he cannot be found, does not have a residence or place of business within the jurisdiction of the
Mille Lacs Band of Chippewa Indians, then said notice of violation shall be published twice
during two consecutive weeks in a newspaper in the county where said violation occurred. An
affidavit of said publication shall be filed with the appropriate court or administrative body and
shall constitute proof of service of said notice.
Historical and Statutory Notes
Source:
Band Statute 1091-MLC-24, § 6.
Band Statute 1163-MLC-21, T.II, § 6.
§ 109. Default.
In the event a defendant fails to appear before the court or appropriate administrative body on the
date set for a preliminary appearance, the court or administrative body may declare the defendant
to be in default and award any appropriate relief to the complainant as provided by this
subchapter.
Historical and Statutory Notes
Source:
Band Statute 1091-MLC-24, § 6.01.
Band Statute 1163-MLC-21, T.II, § 6.01.
§ 110. Setting Hearing Date.
In the event a defendant does appear on the date set in the notice of violation, the court or
administrative body hearing said matter shall set a date as soon as practicable for a full
evidentiary hearing on the violation if the defendant denies the violation or responsibility for the
violation.
Historical and Statutory Notes
Source:
Band Statute 1091-MLC-24, § 6.02.
Band Statute 1163-MLC-21, T.II § 6.02.
§ 111. Sewage Disposal System Permits.
(a)
Permits shall be required for all of the following activities and application for said
permits shall be on forms supplied by the Mille Lacs Band of Chippewa Indians:
23
(1)
Construction of septic systems and drainfields, and any other type of
individual or multifamily sewage disposal system, whether the construction is
for a new system or for the up-grading of an old system.
(2)
Municipal, community, and village sewage treatment plant, and any other
sewage disposal system.
(b)
Approval for said permits shall be obtained from the Public Works Commissioner on
the reservation where said activity will occur.
(c)
Fees for said permits shall be the sum specified by the Band Ordinance and so stated
on the appropriate application form.
Historical and Statutory Notes
Source:
Band Statute 1091-MLC-24, § 7.
Band Statute 1163-MLC-21, T.II, § 7.
§ 112. Permits Generally.
Permits shall be required for all of the following activities and application for said permits shall
be on forms supplied by the Mille Lacs Band of Chippewa Indians. Approval for said permits
must be obtained from the Department of Natural Resources on the reservation where said
activity will occur. Fees for said permits shall be the sum specified by the Ordinance and so
stated on the appropriate application form.
(a)
Any and all excavation, mining, road building, draining, dredging, filling, and any
other earth removal or disposition projects with the exception of excavation necessary
for single family housing units.
(b)
Any and all insecticide, herbicide, fungicide, algacide, and any other pesticide use, no
matter the application procedure, with the exception for household use of pesticides
for public health measures.
(c)
Any and all industrial and commercial point source discharges into the Mille Lacs
Band of Chippewa Indians waters.
(d)
Any and all commercial and private non-point source discharges into the Mille Lacs
Band of Chippewa Indians waters.
(e)
Any and all commercial and private air emissions relating to the production of goods,
products or materials.
24
(f)
Any and all forestry clearcutting activities and cutting of timber by any method where
the tract to be logged is adjacent to any lake, stream, pond or road.
(g)
Any and all developments and improvements of parks, landings, beaches, harbors and
canals and other related facilities, whether public or private.
Historical and Statutory Notes
Source:
Band Statute 1091-MLC-24, § 8.
Band Statute 1163-MLC-21, T.II, § 8.
Cross References
Herbicides, use on noxious weeds, see Nat. Res. Comm. Order 133-90.
§ 113. Environmental Assessments and Impact Statements.
The issuance of any and all permits will be preceded by an Environmental Assessment
Worksheet. These assessments shall be completed by the MLBC Research Laboratory, based
upon work plans submitted by the permittee and site inspection, laboratory analysis and any
other pertinent data. If in the findings of the assessment, an Environmental Impact Statement is
proposed, then a public hearing to determine the necessity of the Environmental Impact
Statement will be conducted. If an Environmental Impact
Statement is requested by the Mille Lacs Band of Chippewa Indians Environmental Board, the
MLBC Research Laboratory will produce and present, within ninety days of the date of request,
and at the permittee's expense, an EIS for public hearing before said Mille Lacs Band of
Chippewa Indians Environmental Board. The decision of the Mille Lacs Band of Chippewa
Indians Environmental Board for issuance or non-issuance of the permit based on the findings of
the EIS shall be final.
Historical and Statutory Notes
Source:
Band Statute 1091-MLC-24, § 9.
Band Statute 1163-MLC-21, T.II, § 9.
§ 114. Format for the Environmental Impact Statement.
The components of all Environmental Impact Statements shall be as follows:
(a)
environmental impacts, both beneficial and degrading;
(b)
social impacts, both beneficial and degrading; and
25
(c)
economic impacts, both beneficial and degrading.
Historical and Statutory Notes
Source:
Band Statute 1091-MLC-24, § 10.
Band Statute 1163-MLC-21, T.II, § 10.
§ 115. Variances.
Any and all requests for a variance from the provisions of this subchapter shall be presented
before, and subject to the approval of the appropriate Mille Lacs Band Assembly in the manner
they shall prescribe. The decision of the Mille Lacs Band Assembly shall be final.
Historical and Statutory Notes
Source:
Band Statute 1091-MLC-24, § 11.
Band Statute 1163-MLC-21, T.II, § 11.
§ 116. Water-Policy and Goals.
The waters of the Mille Lacs Band of Chippewa Indians will be protected from degradation. The
quality of the water will be maintained or improved to guarantee the treaty rights of the members
of the Mille Lacs Band of Chippewa Indians.
Historical and Statutory Notes
Source:
Band Statute 1091-MLC-24, § 12.
Band Statute 1163-MLC-21, T.II, § 12.
Cross References
Injection wells, see Nat. Res. Comm. Order 107-89.
§ 117. Water-Definitions.
(a)
"Ambient" means that concentration which exists without point source pollution as
established by MLBC Research Lab.
(b)
"LC50" means the concentration of toxicant that is lethal (fatal) to 50 percent (50%)
of the sensitive resident species organisms tested under the test conditions in a
specific time.
26
(c)
"Toxicant, Toxic Substance" means those pollutants or combination of pollutants,
including disease-causing agents, which after discharge and upon exposure, ingestion,
inhalation, or assimilation into any organism, either directly from the environment or
indirectly by ingestion through food chains, will, on the basis of information available
to the MLBC, cause death, disease, behavioral abnormalities, cancer, genetic
mutations, physiological malfunctions, including malfunctions in reproduction, or
physical deformation, in such organism or its offspring.
Historical and Statutory Notes
Source:
Band Statute 1163-MLC-21, T.II, §§ 13.01-13.03.
Band Statute 1091-MLC-24, §§ 13.01-13.03.
§ 118. Water-Standards.
(a)
All standards will be interpreted to mean a maximum allowable limit unless otherwise
stated.
Constituent
Concentration or Limits
Alkalinity
20 mg/l or more as CaCO3 for fresh water aquatic life except
where natural concentration are less
Ammonia
.02 mg/l as (un-ionized ammonia) for fresh water aquatic life
Arsenic
50 ug/l for domestic water supply
Barium
1 mg/l for domestic water supply
Beryllium
11 ug/l for the protection of aquatic life in soft fresh water
1,100 ug/l for the protection of aquatic life in hard fresh water
Boron
750 ug/l
Cadmium
10 ug/l for domestic water supply.
Aquatic Life
Soft Water: 0.4 ug/l
Hard Water: 1.2 ug/l
Chlorine
2.0 ug/l for salmonid fish 10 ug/l for other fresh water fish
Chromium
50 ug/l for domestic water supply 100 ug/l for fresh water
aquatic life
27
Fecal Coliform
Bacteria
200 colonies/100 ml.
Color
75 color units on platinum-cobalt scale for domestic water
supplies
Copper
1 mg/l for domestic water supply 0. 1 X 96 hours LC50 for
fresh water aquatic life
Cyanide
5.0 ug/l for fresh water aquatic life
Gases, total
dissolved
110% of saturation at existing atmosphere and hydrostatic
pressures
Iron
0.3 mg/l for domestic water supply 1.0 mg/l for fresh water
aquatic life
Lead
50 ug/l for domestic water supply 0. 1 X 96 hour LC50 for
fresh water aquatic life
Manganese
50 ug/l for domestic water supply and fresh water aquatic life
Mercury
2.0 ug/l for domestic water supply .05 ug/l for fresh Water
aquatic life
Nickel
.01 X 96 hour LC50 for fresh water aquatic life
Nitrate, Nitrite
10 mg/l nitrate nitrogen for domestic water supply, not to
exceed ambient N02-N03 for all water systems, as established
by MLBC Research Lab
Oil and Grease
Domestic water supplies virtually free from oil and grease .01
X 96 hour LC50 for fresh water aquatic life
Dissolved Solids
and Salinity
250 mg/l for chlorides and sulfates in domestic water supply.
Natural Salinity %
0-3.5
3.5-13.5
13.5-35
Settleable and
Suspended Solids
and Turbidity
% Variation Permitted
1
2
4
Fresh water fish and other aquatic life; settleable and
suspended solids should not reduce the depth of the
compensation point for photosynthetic activity
28
Sulfide
2 ug/l undissociated H2S for fresh water aquatic life
Sulfate
Not to exceed ambient SO4 for all waters, as established by
MLBC Research Lab
Temperature
No thermal pollution shall be discharged into any waters on
the reservations
Dissolved O2
5.0 mg/l minimum for fresh water aquatic life
Pesticides
No measurable amounts of any pesticide or any other toxicant
will occur in any surface or groundwater
pH
5-9 for domestic water supply 5.5-9.0 for fresh water aquatic
life
Phenol
1 ug/l for all waters
Phosphorus
Not to exceed ambient total phosphorus for all water systems
as established by MLBC Research Lab
Polychlorinate
Biphenyls (PCB)
.001 ug/l for all waters
Phthalate esters
0.1 ug/l for fresh water aquatic life
Selenium
10 ug/l for domestic water supply .01 X 96 hour LC50 for
fresh water aquatic life
Silver
50 ug/l for domestic water supply .01 X 96 hour LC50 for
fresh water aquatic life
Zinc
5 mb/l for domestic water supply .01 X 96 hour LC50 for fresh
water aquatic life
(b)
Any and all man made or man induced regulation of water flow on or through any
Reservation of the Mille Lacs Band of Chippewa Indians shall be subject to the
stipulations set forth in this subchapter for the provision of adequate water quantities
for the preservation and protection of natural resources.
(c)
No littering, refuse or garbage disposal will be permitted in any waters of the Mille
Lacs Band of Chippewa Indians.
Historical and Statutory Notes
Source:
Band Statute 1091-MLC-24, §§ 13, 14.
29
Band Statute 1163-MLC-21, T.II, §§ 13, 14.
Cross References
Litter, see 11 MLBS § 201.
Solid waste disposal, see 11 MLBS § 1001.
§ 119. Air-Policy and Goals.
The air quality within the reservations is affected by many pollutants and chemicals, which may
travel through the atmosphere from distant sources. These chemicals and pollutants are deposited
on reservation lands and waters, the result being a direct threat to the natural resources of the
reservation. Pursuant to Class I-Air Quality.
Historical and Statutory Notes
Source:
Band Statute 1091-MLC-24, § 15.
Band Statute 1163-MLC-21, T. II, § 15.
§ 120. Air-Definitions.
"BACT, best available control technology" means that method of limiting emissions to the
minimum amount possible.
Historical and Statutory Notes
Source:
Band Statute 1091-MLC-24, § 16.
Band Statute 1163-MLC-21, T.II, § 16.
§ 121. Air-Standards.
These standards will be those as set forth by 42 U.S.C. § 7474 and the Clean Air Act.
(42 U.S.C. § 7401 et seq.)
Historical and Statutory Notes
Source:
Band Statute 1091-MLC-24, § 17.
Band Statute 1163-MLC-21, T.II, § 17.
§ 122. Soils-Policy and Goals.
30
The soils within the jurisdiction of the Mille Lacs Band of Chippewa Indians are an integral part
of the total natural resource spectrum. Fish, furbearers, wild rice and other wildlife are directly
affected by the types of, and the maintenance of, vegetative cover upon the soils. The
management of these soils will be within this context. The Band and its members shall make
every reasonable effort to use alternatives to harmful chemicals upon the soils. Notwithstanding
the previous sentence, herbicides, pesticides, and other chemicals may be used on the soils to the
extend determined necessary, subject to approval of the appropriate permit under § 112.
Historical and Statutory Notes
Source:
Band Statute 1091-MLC-24, § 18.
Band Statute 1163-MLC-21, T.II, § 18.
Band Ordinance 55-21.
§ 123. Soil-Definitions.
"Soil" means all soils, metals, minerals, gases, liquid, gravels or other elemented or complexed
materials, in any physical state, which lie on or in the earth's surface to a depth of 15 feet.
Historical and Statutory Notes
Source:
Band Statute 1091-MLC-24, § 19.
Band Statute 1163-MLC-21, T.II, § 19.
§ 124. Soils-Standards.
(a)
Natural erosion rectification measures, such as seeding, planting or otherwise
establishing vegetative cover, will be utilized by the landowner.
(b)
Permits will be required for any project or development other than farming which
involves excavation, soil removal or disposition, and shall include provisions for the
seeding or planting to establish vegetative cover.
(c)
Agricultural lands shall be protected from wind and water erosion through the use of
sound agricultural principles, including but not limited to, terracing, tree breaks, grass
waterways and maintaining vegetative cover on tilled lands during the non-growing
season.
Historical and Statutory Notes
Source:
Band Statute 1091-MLC-24, § 20.
Band Statute 1163-MLC-21, T.II, § 20.
31
§ 125. Subsurface Resources.
Groundwater-refer to 11 MLBS § 103. All other subsurface resources will be managed at the
discretion of the Mille Lacs Band of Chippewa Indians-Department of Natural Resources.
Management will include analysis of potential environmental effects for all exploration, mining,
or extractions, which are or may be practiced on the lands under the jurisdiction of the Mille
Lacs Band of Chippewa Indians.
Historical and Statutory Notes
Source:
Band Statute 1091-MLC-24, § 21.
Band Statute 1163-MLC-21, T.II, § 21.
§ 126. Forestry-Policy and Goals.
The forestry resource on the lands under the jurisdiction of the Mille Lacs Band of Chippewa
Indians will be managed to preserve and protect said lands in a perpetually productive state. This
will be done by applying sound silvicultural practices to the harvesting of the timber, and by
making provision for new forest growth as timber is removed. The guiding document shall be
CFR 25, Part 141, Forestry Manual 53 BIAM, dated June 21, 1978, and supplements. Any
superseding documents pertaining to forestry management on Indian lands will be subject to the
approval of the governing body of the Mille Lacs Band of Chippewa Indians.
Historical and Statutory Notes
Source:
Band Statute 1091-MLC-24, § 22.
Band Statute 1163-MLC-21, T.II, § 22.
Cross References
Firewood harvest, see 11 MLBS § 2401.
§ 127. Forestry-Standards.
(a)
No clearcutting of timber will be permitted within a 100-foot border of any lake, pond
or river.
(b)
No clearcutting of timber will be permitted within 100 feet of any road.
(c)
Permits for logging will include stipulations for the re-seeding of logged area and
logging equipment trails.
32
(d)
Users of insecticides, herbicides, or any other chemical or pesticides for forestry
management activities will be required to obtain a permit.
Historical and Statutory Notes
Source:
Band Statute 1091-MLC-24, § 23.
Band Statute 1163-MLC-21, T. II, § 23.
§ 128. State Civil Jurisdiction.
Any person, upon a violation of Subchapter 1 or 2 of this chapter, may bring a civil cause of
action in the appropriate state court seeking damages pursuant to the provisions of Title 28,
United States Code, § 1360; P.L. 83-280 which states:
"Any tribal ordinance or custom heretofore or hereafter adopted by an Indian tribe, band or
community in the exercise of any authority which it may possess shall, if not inconsistent with
any applicable civil law of the State, be given full force and effect in the determination of civil
causes of action pursuant to this Section.”
Historical and Statutory Notes
Source:
Band Statute 1091-MLC-24, § 24.
Band Statute 1163-MLC-21, T. II, § 24.
Cross References
Actions to recover penalties or damages, environmental protection, see 11 MLBS § 17.
SUBCHAPTER 3
LITTER
Section
201. Definitions.
202. Littering.
203. Littering on Highways.
204. Littering in Natural Areas.
205. Litter Removal In Lieu of Forfeiture.
§ 201. Definitions.
33
“Litter” means things lying about in disorder; bits or scraps of rubbish scattered about;
untidiness, disorder; to make messy or untidy with things scattered about; to scatter about
carelessly.
Historical and Statutory Notes
Source:
Band Statute 1164-MLC-6, § 8.09.
§ 202. Littering.
Whoever unlawfully deposits garbage, rubbish, offal, or the body of a dead animal, or other litter
in or upon any public or tribal highway, public waters or the ice thereon, public or tribal lands, or
without the consent of the owner, private land, or water or ice thereon, shall be subject to a
forfeiture not to exceed $25.00.
Historical and Statutory Notes
Source:
Band Statute 1164-MLC-6, § 56.
§ 203. Littering on Highways.
(a)
Any person who shall throw, deposit, place or dump, or cause to be thrown,
deposited, placed or dumped upon any street or highway or upon any public, tribal or
privately owned land adjacent thereto without the owner's consent any snow, ice,
glass bottle, glass, nails, tacks, wire, cans, garbage, swill, papers, ashes, refuse,
carcass of any dead animal, offal, trash or rubbish or any other form of offensive
matter or any other substance likely to injure any person, animal or vehicle upon any
such street or highway shall be subject to a forfeiture not to exceed $500.00.
(b)
(c)
(1)
Any person who drops, or permits to be dropped or thrown, upon any highway
any of the material specified in subsection (a), shall immediately remove the
same or cause it to be removed.
(2)
Any person removing a wrecked or damaged vehicle from a highway shall
remove any glass or other injurious substance dropped upon the highway from
such vehicle.
No person shall drop or hurl any destructive or injurious material or object at or upon
any motor vehicle upon any highway or the occupants thereof.
(d)
34
(1)
Any person who violates any provision of subsection (b) or (c), shall be subject
to a forfeiture not to exceed $500.00.
(2)
Any person who violates any provision of subsection (a) or (b)(l) shall be
subject to a forfeiture not to exceed $5,000.00.
Historical and Statutory Notes
Source:
Band Statute 1164-MLC-6§§57, 58.03.
Cross References
Solid waste, disposal onto highways or roads, see 11 MLBS § 1009.
§ 204. Littering in Natural Areas.
(a)
No person shall drain, throw or deposit upon the lands and waters within a natural
area designated by the Commissioner of Natural Resources any substance that would
mar the appearance, create a stench, destroy the cleanliness or safety of the land, or
would be likely to injure any animal, vehicle, or person traveling upon those lands
and waters. The operator of a vehicle or watercraft, except a school bus or a vehicle
transporting passengers for hire and regulated by the Interstate Commerce
Commission, shall not permit articles to be thrown or discarded from the vehicle upon
any lands or waters within a natural area so designated.
(b)
Any person who, within the limits of any natural area designated by the
Commissioner of Natural Resources shall willfully cut, injure, or destroy any live
tree, shrub, timber, evergreen, or ornamental plant of any kind, or who shall willfully
injure, remove, destroy, deface, or mutilate any guide-board, guide-post, furniture,
fixture, improvement, monument, tablet, or other public or tribal property shall be
subject to a forfeiture not to exceed $5,000.00.
(c)
The Commissioner of Natural Resources is delegated the authority to designate
natural areas for the purpose of subsections (a) and (b). Such areas shall have positive
outdoor values which may include but need not be limited to recreation, hunting,
fishing, trapping, ricing, scenic beauty, or spiritual significance.
Historical and Statutory Notes
Source:
Band Statute 1164-MLC-6, § 58.
§ 205. Litter Removal In Lieu of Forfeiture.
35
The Court of Central Jurisdiction may, in lieu of imposing the forfeiture provided for by 11
MLBS §§ 202 and 203, permit any person to remove litter from public or tribal lands under the
direction of the Commissioner of Natural Resources for a period of time to be set by the Court.
Historical and Statutory Notes
Source:
Band Statute 1164-MLC-6, § 58.03.
CHAPTER 2
SOLID WASTE DISPOSAL AND RECYCLING
Section
1001. Definitions.
1002. Solid Waste Handling and Storage.
1003. Responsibility of Owner or Occupant.
1004. Containers.
1005. Timely Transfer to Collection or Disposal Sites.
1006. Dumping.
1007. Collection or Disposal Site Operations.
1008. Waste from Outside Band Territory.
1009. Disposal onto Highways or Roads.
1010. Public Nuisances and Health Hazards.
1011. Hazardous Waste Disposal.
1012. Recycling.
1013. Collection and Transport.
1014. Fees.
1015. Powers of Tribal Police and Conservation Officers.
1016. Sanctions.
1017. Administration.
1018. Sovereign Immunity.
Historical and Statutory Notes
Band Statute 1233-MLC-20, T.II, § 10 provides: "Section 10. Severability. If any provision of this Title
or its application to any person or set of circumstances is held invalid, the remainder of the Title or its
application to other persons or circumstances shall not be affected."
Cross References
Water standards, Environmental Protection Ordinance, see 11 MLBS § 118.
§ 1001. Definitions.
36
The following definitions shall apply to the terms listed as used throughout this chapter:
(a)
“Collection site” means those places at which the Band or Band-licensed collectors
receive solid waste.
(b)
“Collector” means any natural or legal person, including such person's employees
and agents, who gather another person's solid waste.
(c)
“Hazardous waste” means any solid waste deemed hazardous by the U.S.
Environmental Protection Agency pursuant to the Resource Conservation and
Recovery Act of 1976, (42 U.S.C.A. § 6901 et seq.) as amended.
(d)
“Resident” means any person who has a permanent residence or place of business
within the territorial jurisdiction of the Mille Lacs Band, including temporary or
seasonal residences or businesses.
(e)
“Solid waste” means all waste, garbage, rubbish, trash and other discarded solid
waste material resulting from residential, commercial, agricultural, industrial,
community and other human activities, including hazardous waste and liquid waste
contained within solid waste, but excluding sewage and related human waste.
(f)
“Solid waste operator” means Mille Lacs Band employees, appointees or
contractors who are responsible for the operation and maintenance of any solid waste
collection or disposal sites within the territorial jurisdiction of the Band.
(g)
“Transfer station” means the existing solid waste collection site owned by the Mille
Lacs Band for the purpose of collecting, transporting, and disposing of solid waste.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.II, § 2.
§ 1002. Solid Waste Handling and Storage.
Solid waste within the territorial jurisdiction of the Mille Lacs Band shall be handled, stored,
collected, transported, transferred, processed and disposed of in accordance with the provisions
of this chapter.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.II, § 3.
37
§ 1003. Responsibility of Owner or Occupant.
Except as otherwise provided in this chapter, the owner or occupant of any premises shall be
responsible for the sanitary storage of all of the solid waste produced by such person and
accumulated at the premises. Unless otherwise provided for in a written rental agreement or
lease, the tenant of any single-unit detached residence and the landlord of any multi-unit
residence shall be responsible for the provision and maintenance of solid waste storage
containers pursuant to 11 MLBS § 1004.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.II, § 3.01.
§ 1004. Containers.
Solid waste shall be stored in durable, rust resistant, nonabsorbent, water tight, rodentproof and
easily cleanable containers possessing a close-fitting, insect-tight cover.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T. II, § 3.02.
§ 1005. Timely Transfer to Collection or Disposal Sites.
Solid waste shall be transferred to Band approved collection sites or E.P.A. approved disposal
sites in a timely manner, in order to prevent noxious odors and other public nuisances or health
conditions, by the person responsible for the provision and maintenance of solid waste storage
containers.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.II, § 3.03.
§ 1006. Dumping.
No person shall leave, deposit, or dump solid waste within the territorial jurisdiction of the Mille
Lacs Band, except that solid waste may be temporarily deposited in storage containers pursuant
to 11 MLBS §§ 1002 to 1005 and may be deposited at approved collection and disposal sites.
Historical and Statutory Notes
Source:
38
Band Statute 1233-MLC-20, T.II, § 4.
§ 1007. Collection or Disposal Site Operations.
Solid waste disposal at approved collection or disposal sites within the territorial jurisdiction of
the Band shall only be in the manner and during the posted daytime hours of operation
prescribed by the Public Works Commission.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.II, § 4.01.
§ 1008. Waste from Outside Band Territory.
No person shall dispose of solid waste generated on lands outside the territorial jurisdiction of
the Band, nor shall a non-resident dispose of any solid waste, on lands within the territorial
jurisdiction of the Band without the permission of the Band.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.II, § 4.02.
§ 1009. Disposal onto Highways or Roads.
No person shall dispose of solid waste from any stopped or moving vehicle onto federal, state,
county or Band highways, roads or right-of-ways within the territorial jurisdiction of the Band.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.II, § 4.03.
Cross References
Littering on highways, see 11 MLBS § 203.
§ 1010. Public Nuisances and Health Hazards.
No person shall dispose of or burn solid waste on any lands within the territorial jurisdiction of
the Band in a manner that is likely to cause a public nuisance or health hazard.
Historical and Statutory Notes
39
Source:
Band Statute 1233-MLC-20, T.II, § 4.04.
Cross References
Nuisance, see 24 MLBS § 301.
§ 1011. Hazardous Waste Disposal.
Hazardous waste shall not be disposed of on lands within the territorial jurisdiction of the Band.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.II, § 4.05.
§ 1012. Recycling.
The Public Works Commission shall seek assistance from county, state, federal and other sources
for the purposes of developing and maintaining a waste recycling program and collection site for
the Band for the purposes of reducing waste and disposal costs and conserving natural resources.
The Commission shall encourage residents to cooperate with waste recycling programs.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.II, § 5.
§ 1013. Collection and Transport.
(a)
All solid waste shall be transported in a manner which prevents the waste from
leaking, blowing or falling off of the transport vehicle.
(b)
Commercial vehicles or containers used for the collection and transportation of solid
waste shall be covered, leak-proof, durable and of easily cleanable construction. The
vehicles and containers shall be cleaned regularly in order to prevent nuisances,
pollution and insect breeding and shall be maintained in good repair.
(c)
Commercial collectors and transporters of solid waste shall be required to obtain a
license from the Public Works Commission prior to commencing any collection or
transportation activities on lands within the territorial jurisdiction of the Mille Lacs
Band. Obtaining a license pursuant to this Section does not exempt a person or entity
from any other provision of the Mille Lacs Band Statutes Annotated requiring a
license or permit in order to conduct business.
40
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.II, § 6.
§ 1014. Fees.
The Public Works Commission shall establish fees to be charged to individuals and businesses
for the disposal of solid waste at designated collection and disposal sites. These fees shall be
reviewed at least annually by the Commission.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.II, § 7.
§ 1015. Powers of Tribal Police and Conservation Officers.
All Mille Lacs Band Tribal Police and Conservation Officers shall be empowered to enforce this
chapter.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.II, § 8.
§ 1016. Sanctions.
(a)
A fine, not to exceed $5000.00, may be imposed for each violation of this chapter.
Each day during which a violation exists shall constitute a separate violation. Any
personal property, including vehicles and other equipment, which has been used in
connection with a violation may be seized and forfeited.
(b)
In addition to any judicially imposed sanctions, the Public Works Commission may
revoke the license of any violator of this chapter.
(c)
Nothing herein shall prevent the Mille Lacs Band or an individual party from
bringing suit in the Court of Central Jurisdiction in order to obtain injunctive relief or
money damages because of a violation of this chapter.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.II, § 8.
41
Cross References
Nuisance, see 24 MLBS § 301.
§ 1017. Administration.
The Mille Lacs Band of Chippewa Indians-Public Works Commission shall temporarily be
responsible for the administration of this chapter and of any Band-owned solid waste collection
facilities or systems.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-2O. T.II, § 1.
Cross References
Public Works Commission, see 13 MLBS § 1.
§ 1018. Sovereign Immunity.
Nothing contained in this chapter shall be construed as a waiver of sovereign immunity by the
Mille Lacs Band of Chippewa Indians.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.II, § 9.
CHAPTER 3
NATURAL RESOURCE PROTECTION CODE
Subchapter
1. General Provisions
2. Fishing
3. Hunting and Trapping
4. Wild Rice
5. Firewood Harvest
6. Fires
7. Enforcement
Section
2001
2101
2201
2301
2401
2501
2601
42
Historical and Statutory Notes
The Preamble of Band Statute 1162-MLC-50 provides: "It is enacted by the Band Assembly of the NonRemovable Mille Lacs Band of Chippewa Indians, for the purposes of preserving the political integrity,
protecting economic security and promoting the health and welfare of Band members, a Code for the
regulation and protection of natural resources which regulate all hunting, trapping, fishing and gathering
of wild rice within the territories governed by the Mille Lacs Band and this Code shall be enforced
against Band members and others under the jurisdiction of the Band." Band Statute 1162-MLC-50, §§ 1
and 4.12 provide:
"Section 1. Scope of Amending Provision. Band Statutes 1017-MLC-7, 1030-MLC-7 are hereby repealed
in their entirety and replaced by the provisions of this act."
"Section 4.12. Section Headings. Section headings and titles are provided for the convenience of the
reader.
They are not part of the statute and do not modify the language otherwise stated." Band Ordinance 07-97
(Chapter 5, § 4001 et seq., of this Title), § 1.08 provides: “All Band ordinances, resolutions and orders
inconsistent with this ordinance are hereby repealed. To the extent that this ordinance imposes greater
restrictions than those contained in any other ordinance, resolution or order, the provisions of this
ordinance shall govern.”
Cross References
1837 Treaty Conservation Code for the Minnesota Ceded Territory, see 11 MLBS § 4001.
Great Lakes Indian Fish and Wildlife Compact, see 2 MLBS § 1151
Purple loosestrife control, see Nat.Res.Comm. Orders 108-89, 133-90.
Search lights (sky trackers), regulation of use, see Nat.Res.Comm. Order 172-93.
Shoreland area management, see Nat.Res.Comm. Order 170-93.
SUBCHAPTER 1
GENERAL PROVISIONS
Section
2001. Definitions.
2002. Powers of Commissioner of Natural Resources.
2003. Duties of Commissioner of Natural Resources.
2004. Geographical Restriction of Regulations.
2005. Off-Reservation Regulations.
2006. Orphan Animals.
2007. Taking for Religious or Ceremonial Purposes.
2008. Medicinal Plants.
§ 2001. Definitions.
43
As used in this chapter, the following terms shall have the meanings given to them in this section:
(a)
“Band Fishing License” means a license issued by the Commissioner of Natural
Resources to a member of the Mille Lacs Band of Chippewa, which license authorizes
him to fish in accordance with the provisions of this chapter.
(b)
“Band Hunting License” means a license issued by the Commissioner of Natural
Resources to an enrollee of the Mille Lacs Band of Chippewa Indians, which license
authorizes him to hunt or trap in accordance with the provisions of this chapter.
(c)
“Band Ricing License” means a license issued by the Commissioner of Natural
Resources to an enrollee of the Mille Lacs Band of Chippewa Indians, which license
authorizes him to gather wild rice in accordance with the provisions of this chapter.
(d)
“Big Game” means deer, bear, elk and moose.
(e)
“Closed Season” means the period during which protected wild animals may not be
taken.
(f)
“Commercial Fishing Permit” means a permit issued by the Commissioner of
Natural Resources to a Mille Lacs Band of Chippewa Indians enrollee under 11
MLBS § 2114.
(g)
“Commercial Purposes” means the taking of fish for barter or sale.
(h)
“Commercial Taking” means the taking of big game, small game or fur bearing
animals for the purpose of barter or sale of furs, pelts, hides or the flesh of such
animals.
(i)
“Elderly” means Band member or non-Band member who is enrolled in a federally
recognized tribe, shall be defined as one who has attained the chronological age of
fifty-five (55).
(j)
“Firearm” means any rifle, muzzleloader, shotgun, handgun, or other type of
weapon which will or is designed to or may readily be converted to expel a shot or
projectile by means of an explosive, gas, or compressed air; the frame or receiver of
any such weapon; or any firearm silencer.
(k)
“Firearm Silencer” means any device for silencing, muffling, or diminishing the
report of a portable firearm, including any combination of parts, designed or
redesigned, and intended for use in assembling or fabricating a firearm silencer, and
any part intended only for use in such assembly or fabrication.
(l)
“Fur Bearing Animals” mean beaver, mink, marten, raccoon, fisher, fox, wolf,
muskrat and otter.
44
(m)
“Game Fish” include brook trout, brown trout, crappie, grayling, lake trout, large
mouth bass, muskellunge, northern pike, rainbow trout, rock bass, sauger, small
mouth bass, sturgeon, sunfish and walleye.
(n)
“Migratory Birds” mean any bird, whatever its origin and whether or not raised in
captivity, which belongs to a species listed in 50 C.F.R. section 10.13, or which is a
mutation or a hybrid of any such species, including any part, nest, or egg of any such
bird, or any product, whether or not manufactured, which consists or is composed in
whole or in part of any such bird or any part, nest or egg thereof.
“Mille Lacs Reservation” means all land within the exterior boundary described in
the Treaty of 1855, to wit: "the following fractional townships, viz: forty-two north,
of range twenty-five west; forty-two north, of range twenty-six west; and forty-two
and forty-three north, of range twenty-seven west; and also, the three islands in the
southern part of Mille Lacs, exterior boundary of Sandy Lake Reservation as
described in the Treaty of 1855, all contiguous waters, and all other trust properties
under the jurisdiction of the Mille Lacs Band, its enrolled members, and of the
Minnesota Chippewa Tribe and delegated to the Non-Removable Mille Lacs Band of
Chippewa Indians."
(o)
(p)
“Motor Vehicle” means self-propelled motor driven vehicles.
(q)
“Non-Band Fishing License” means a license issued by the Commissioner of
Natural Resources to any member of a federally recognized Tribe who is not enrolled
in the Mille Lacs Band of Chippewa Indians, which license authorizes him to fish in
accordance with this chapter.
(r)
“Non-Band Hunting License” means a license issued by the Commissioner of
Natural Resources to any member of a federally recognized Tribe who is not enrolled
in the Mille Lacs Band of Chippewa Indians, which license authorizes him to hunt in
accordance with this chapter.
(s)
“Non-Band Ricing License” means a license issued by the Commissioner of Natural
Resources to a member of a federally recognized Tribe who is not enrolled in the
Mille Lacs Band of Chippewa Indians which license authorizes him to gather wild
rice in accordance with this chapter.
(t)
“Non-Game Fish” include buffalo fish, burbot, bullheads, carp, catfish, coho,
dogfish, gar, quillback, perch, sheephead, suckers, tulibee, and whitefish.
(u)
“Non-Indian Fishing License” means a license issued by the Commissioner of
Natural Resources to anyone who is not eligible for a license under 11 MLBS § 2101
or 2107, which authorizes such person to fish in accordance with this chapter.
(v)
“Non-Indian Hunting License” means a license issued by the Commissioner of
Natural Resources to anyone who is not eligible for a license under 11 MLBS §§
2201 or 2208, which authorizes such person to hunt in accordance with this chapter.
45
(w)
“Non-Indian Ricing License” means a license issued by the Commissioner of
Natural Resources to anyone who is not eligible for a license under 11 MLBS §§
2301 or 2303, which authorizes such person to gather wild rice in accordance with
this chapter.
(x)
“Non-Removable or Mille Lacs Band of Chippewa” shall be the duly constituted
and successor tribal government of the Mille Lacs Band.
(y)
“Open Season” means the period during which wild animals may be taken.
(z)
“Paddy Rice” means that wild rice crop grown in artificially constructed paddies.
(aa)
“Personal Use” means the taking of fish for any purpose other than commercial
purposes.
(bb)
“Possession” means both actual and constructive possession and any control of the
things referred to.
(cc)
“Protected Wild Animals” shall include all wild animals which are accorded some
measure of protection in the name or manner of taking.
(dd)
“Small Game” means all wild animals and birds not defined as big game or fur
bearing animals or game or non-game fish.
(ee)
“Special Permit” means a permit issued by the Commissioner of Natural Resources,
or his designee, exempting the recipient from one or more of the regulations
contained herein, upon a finding by him that granting of the exemption will not
endanger the resource.
(ff)
“Taking” or “Hunting” shall include pursuing, shooting, killing, capturing, trapping,
snaring and netting wild animals and all lesser acts such as intentionally disturbing,
harrying, worrying or placing, setting drawing, using any net, trap or other device to
take wild animals, and includes every attempt to take, every act of assistance to any
other person in taking or attempting to take wild animals.
(gg)
“Transport” or “Transportation” means carrying or moving by any
instrumentality, attempting to do so, or accepting or receiving wild animals for
transportation or shipment.
(hh)
“Wild Animals” means all living creatures, not human, wild by nature, endowed
with sensation and power of voluntary motion, and includes quadruped, mammals,
birds, fish, amphibious reptiles, crustaceans and mollusks.
46
(ii)
“Wild Rice” means that rice crop which grows naturally or as a result of reseeding in
the natural lakes and waters, including lakes resulting from flood control structures,
of the Mille Lacs Band of Chippewa Indians.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 2.
Band Act 70-24.
Cross References
Game violations, criminal offenses, see 24 MLBS § 1256.
"Wetland" defined, see Nat. Res. Comm. Order 162-92.
§ 2002. Powers of Commissioner of Natural Resources.
The Commissioner of Natural Resources shall have powers of regulation over all matters of land,
air, water, environmental protections and anything and everything related to the conservation and
protection of natural resources under the jurisdiction of the Mille Lacs Band of Chippewa
Indians.
(a)
He shall have power to open and close all seasons for hunting, fishing, trapping, and
the gathering of wild rice by the issuance of a Commissioner's order with the
concurrence of the Spiritual Advisor on all matters related to his duties.
(b)
He shall be responsible for the development of a natural resource management plan
and certify to the feasibility of all economic development plans which involve the
natural resources with the concurrence of the Spiritual Advisor.
(c)
He shall have the power to make any and all regulations for the taking, possession
and transportation of wild animals, fish, bird or grain from trust territory under the
jurisdiction of the Band.
(d)
The Commissioner shall not possess authority over law enforcement officials under
the jurisdiction of the Band.
(e)
The Commissioner may do all things deemed by him as desirable in the preservation,
protection and propagation in their natural state of all desirable species of wild
animal, bird, or fish upon the concurrence of the Spiritual Advisor.
(f)
The Commissioner shall have the power to acquire through gift, lease, purchase, in
the name of the Band, lands or any interest in lands deemed suitable for the future
interests of the Band.
47
(g)
He shall have power to negotiate contracts in the furtherance of natural resource
development within the jurisdiction of the Band.
(h)
He shall have authority to secure funds from the government of the United States or
any private foundation for the purpose of fulfilling his legal mandate.
(i)
He shall be a member of the Administration Policy Board.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 3.
Cross References
Buck hunting season, see 11 MLBS § 2213.
Commercial fishing regulations, see 11 MLBS § 2115.
Doe hunting season, see 11 MLBS § 2212.
Elk or moose season, see 11 MLBS § 2215.
Fishing seasons, see 11 MLBS § 2107.
Fur bearing animal season, see 11 MLBS § 2216.
Hunting and trapping seasons, generally, see 11 MLBS § 2228.
Migratory birds, regulatory authority, see 11 MLBS § 2285.
Off reservation regulations, see 11 MLBS §§ 2004, 2005.
Small game hunting season, see 11 MLBS § 2209.
§ 2003. Duties of Commissioner of Natural Resources.
The Commissioner of Natural Resources shall perform all duties and responsibilities and shall
exercise all authority delegated to him by the Mille Lacs Band of Chippewa Indians by this
chapter, including, but not limited to:
(a)
Issuance of all Band licenses and permits authorized by this chapter.
(b)
Proposal of amendments to this chapter and adoption of additional regulations by
Commissioner's Order as found necessary.
(c)
Setting of seasons where none are specifically provided, closing or shortening
existing seasons when necessary for the preservation of the resource, or extending or
opening seasons when it is determined that it will not harm the resource.
(d)
Setting limits on the manner or amount of taking of fish, game, or wild rice, when
necessary for the conservation of the resource, or altering limits specifically provided
by these regulations.
(e)
Waiving the fee for issuance of any license or permit authorized by this chapter to
elderly Band members and elderly non-Band members who are enrolled in a federally
recognized tribe.
48
(f)
Reviewing on an annual basis or more frequently the numbers of each type of permit
or license outstanding, with particular emphasis on any commercial permits or
specific permits which may be outstanding, to determine whether or not it is in the
best interests of conservation to continue such licenses.
(g)
Keeping and maintaining an up-to-date and accurate list of all persons to whom each
type of permit and license has been issued.
(h)
Revocation of any permit or license authorized by these regulations upon conviction
of any violation of the Conservation Code of this or any other Minnesota Chippewa
Tribe Reservation.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 3.01.
§ 2004. Geographical Restriction of Regulations.
All sections of the Mille Lacs Band Statutes Annotated and all Commissioner's Orders issued
thereunder pertaining to fishing, spearing, netting, hunting, trapping, or ricing which do not by
their terms apply to the off-reservation ceded territory as described by 2 MLBS § 107, apply only
to activities undertaken on the Mille Lacs Reservation as defined by 11 MLBS § 2001(n).
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 4.60.
§ 2005. Off-Reservation Regulations.
The Commissioner of Natural Resources is delegated the authority to promulgate by
Commissioner's Order regulations controlling member fishing, spearing, netting, hunting,
trapping, and ricing in the off-reservation territory as described by 2 MLBS § 107.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50. § 4.61.
Cross References
Migratory bird hunting off reservation, memorandum agreement with U.S. Fish and Wildlife Service, see
Nat. Res. Comm. Order 144-90.
Taking fish by angling off of tribal lands, see Nat. Res. Comm. Order 171-93.
49
§ 2006. Orphan Animals.
Any live wild animal captured by any person and which is too young, too injured, or too ill to
reasonably be expected to survive if left uncared for and which cannot lawfully be killed under
this chapter or any Commissioner's Order issued hereunder, shall be deemed to be under the
protection of the Band and shall be reported by the finder within 24 hours of capture to the
Commissioner of Natural Resources. The Commissioner shall determine the proper disposition
of the animal which may include but is not limited to placement with the finder, placement with
another individual or agency, return to the wild, or killing.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 13.
Cross References
Possession of live migratory game birds, see 11 MLBS § 2274.
§ 2007. Taking for Religious or Ceremonial Purposes.
Any Band member may apply for a permit, on forms prescribed by the Commissioner of Natural
Resources, to take for religious or ceremonial purposes any plant or animal which it would be
otherwise unlawful to take under this chapter or any Commissioner's Order issued hereunder. A
permit for such taking, specifying the name and other identifying information of the permittee,
the species to be taken, the sex of any animal to be taken, the locality where the taking is
permitted, the dates upon which the taking is permitted, and other information deemed pertinent
by the Commissioner of Natural Resources, may be issued by the Commissioner upon receipt of
a completed application form and approval of the Elderly Advisory Board, the Chief Executive
of the Band, and the Commissioner. No such permits may be granted if the Elderly Advisory
Board determines that no bona fide religious or ceremonial purpose would be served by the
taking, if the Chief Executive determines that the general interests of the tribe would be injured
by the taking, or if the Commissioner determines that conservation interests would be injured by
the taking.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 15.
Cross References
Endangered species, use for religious purposes, see Nat. Res. Comm. Order 84-88.
50
§ 2008. Medicinal Plants.
Individual members may take naturally occurring plants for medicinal purposes without a permit.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 15.01.
SUBCHAPTER 2
FISHING
Section
2101. Band License.
2102. Non-Band License.
2103. Non-Indian License.
2104. License Fees.
2105. Minnesota Licenses.
2106. Constructive Knowledge.
2107. Specific Regulations-Fishing for Personal Use.
2108. Seasons.
2109. Closure.
2110. Rare and Endangered Species.
2111. Spearing and Netting Permits.
2112. Minors.
2113. Transportation.
2114. Commercial Fishing.
2115. Specific Regulations-Commercial Fishing.
Cross References
Taking fish by angling off of tribal lands, see Nat. Res. Comm. Order 171-93.
§ 2101. Band License.
Every enrollee of the Mille Lacs Band of Chippewa Indians who takes fish within the Mille Lacs
Reservation shall have in his or her possession a proper Band fishing license. This license must
be in his or her possession whenever taking, possessing or transporting fish within the
Reservation and whenever possessing or transporting fish anywhere within the United States,
which fish were lawfully taken within the Reservation.
Historical and Statutory Notes
Source:
51
Band Statute 1162-MLC-50. § 5.
§ 2102. Non-Band License.
If the Commissioner of Natural Resources determines that it is in the best interest of the Mille
Lacs Band of Chippewa Indians, it may issue a non-Band fishing license to any enrolled member
of a federally recognized Indian tribe who is not enrolled with the Band. Such a permit must be
in the possession of any such person who takes fish within the Mille Lacs Reservation or who
transports or possesses fish lawfully taken on the Reservation any place within the United States.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 5.01.
§ 2103. Non-Indian License.
If the Commissioner of Natural Resources determines that it is in the best interest of the Mille
Lacs Band of Chippewa Indians, it may issue non-Indian fishing licenses in numbers determined
by him to be suitable. The Commissioner may also, by Commissioner's Order, establish resident
and non-resident classes of non-Indian licenses. Any license issued under this section must be in
the possession of the person to whom issued when taking fish within the Mille Lacs Reservation
or transporting or possessing fish lawfully taken on the Reservation any place within the United
States.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 5.02.
§ 2104. License Fees.
Fees may also be charged by the Commissioner of Natural Resources for the issuance of the
permits and licenses required by this statute. The Commissioner of Natural Resources may in his
discretion charge a greater fee for a non-Band fishing license than for a Band fishing license. The
Commissioner may also in his discretion charge a greater fee for a non-Indian fishing license
than for a Band fishing license and may charge different fees and establish different conditions
and different numbers of resident and nonresident classes of non-Indian licenses.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 5.03.
52
§ 2105. Minnesota Licenses.
No Indian shall be required to purchase or possess a Minnesota fishing license when fishing
within the Mille Lacs Reservation or when possessing or transporting fish, lawfully taken within
the Reservation, anywhere within the United States.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 5.04.
§ 2106. Constructive Knowledge.
All rules and regulations relating to the taking, possession or transportation of fish shall be as
adopted in this chapter subject to amendment on an annual basis by the Commissioner of Natural
Resources and all persons accepting Band, non-Band or non-Indian licenses shall be deemed to
know of any such modifications, whether or not the licensee has actual knowledge.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 5.05.
§ 2107. Specific Regulations-Fishing for Personal Use.
The following regulations are hereby imposed on the taking for personal use of game and nongame fish:
(a)
No fish may be taken by means of explosives, drugs, poisons, lime, medicated bait or
other deleterious substances.
(b)
There shall be no taking of game fish for any purpose by use of gill nets except where
such taking is for personal use.
(c)
Game fish season shall be closed between March 31 and the closest Saturday to
May 15. No gill nets shall be used during this period for the taking of any fish.
(d)
There shall be no netting in rivers or streams or within 500 feet of the mouth of rivers
and streams between March 31 and June 15 of each year. There shall also be no netting
in areas duly closed by the Commissioner of Natural Resources.
(e)
Nets for personal use shall be limited to 100 feet in length per license.
(f)
Muskellunge shall not be taken with a spear.
53
(g)
Fish houses must be conspicuously marked with the licensee's name and license
number.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 5.06.
§ 2108. Seasons.
Seasons for the taking of the various game species of fish may be shortened by the Commissioner
of Natural Resources.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 5.07.
§ 2109. Closure.
The Commissioner of Natural Resources may in his discretion close specified lakes or spawning
areas to all fishing if he determines that further fishing in such lakes or spawning areas will harm
the resource, or may close such lakes or spawning areas to fishing for specified species of fish
when he determines that such species will be endangered by further taking.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 5.08.
§ 2110. Rare and Endangered Species.
There shall be no taking of any species of fish determined by the Commissioner of Natural
Resources to be rare or endangered.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 5.09.
Cross References
Endangered and threatened species, see Nat. Res. Comm. Order 37-86.
54
§ 2111. Spearing and Netting Permits.
It shall be illegal for any person under the jurisdiction of the Band to participate in fishing,
spearing or netting activities at any time without a valid Band permit. It shall be a civil offense
for any person, of any age, to participate in any fishing, spearing, or netting activities without a
valid Band permit.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 5.10.
§ 2112. Minors.
It shall be illegal for any adult under the jurisdiction of the Band over the chronological age of
eighteen (18) to engage any person of a lesser chronological age in any fishing, netting, or
spearing activity when said minor does not personally possess a valid permit.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 5.11.
§ 2113. Transportation.
(a)
It shall be illegal for any person under the jurisdiction of the Non-Removable Mille
Lacs Band of Chippewa Indians to transport without just cause, by any means, any
game fish taken, by any means for the purpose of personal financial gain.
(b)
Just cause shall mean a cause outside legal or cultural cause which must be based on
reasonable grounds, and these must be a fair and honest cause or reason, regulated by
good faith.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 5.12.
§ 2114. Commercial Fishing.
Fish may not be taken for commercial purposes within the Reservation, provided, that upon
proper application the Commissioner of Natural Resources may in his discretion issue a
commercial fishing permit for non-game fish species to Band members upon determination that a
limited amount of commercial fishing will not harm the resource. The Commissioner of Natural
55
Resources shall strictly regulate the manner of fishing, the type of fish taken, and the amount of
the take under such a permit.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 6.
§ 2115. Specific Regulations-Commercial Fishing.
All persons operating under a commercial fishing permit as provided by 11 MLBS § 2114 shall be
subject to the following regulations regarding transportation of fish:
(a)
A person operating under a commercial fishing permit shall have in his possession at
all times both the commercial fishing permit and his Band fishing license.
(b)
All nets used for taking fish must be identified as Indian nets.
(c)
Each permittee may use no more than 600 feet of net for commercial purposes.
(d)
Any person holding a personal netting license in addition to a commercial permit
shall be limited to using a total of 600 feet for all purposes.
(e)
All non-game fish taken under the valid commercial fishing permit may be possessed
in quantities prescribed in such license and bought, sold, or transported during any
season designated by the Commissioner of Natural Resources. Such fish may be
frozen or cured during open season, and when so cured or frozen may be transported,
bought, or sold at any time.
(f)
All live game fish taken incidentally in a commercial fishing operation shall be
released immediately to the waters from which taken. All dead or injured game fish
may be retained for personal use.
(g)
When shipping non-game fish taken under a Band fishing license and commercial
fishing permit, the parcel must be plainly marked on the outside stating the name,
address, and license number of the shipper and the kind and number of such fish
contained in the package. The waybill or receipt issued by any common carrier to a
shipper shall specify the pounds and species of such fish so shipped.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 6.01.
56
SUBCHAPTER 3
HUNTING AND TRAPPING
Part
A. General Provisions
B. Migratory Birds
Section
2201
2261
PART A
GENERAL PROVISIONS
Section
2201. Band License.
2202. Non-Band License.
2203. Non-Indian License.
2204. License Fees.
2205. Minnesota Licenses.
2206. Constructive Knowledge.
2207. License Required.
2208. Rare and Endangered Species.
2209. Small Game Season.
2210. Specified Small Game Bag and Possession Limits.
2211. Big Game Bag Limits.
2212. Season for Does.
2213. Season for Bucks.
2214. Deer Tags.
2215. Elk and Moose.
2216. Season for Furbearers.
2217. Furbearer Tags.
2218. Shipment of Furs.
2219. Personal Use of Hides or Pelts.
2220. Commercial Hunting and Trapping.
2221. Motor Vehicles.
2222. Night Hunting; Shining.
2223. Populated Areas.
2224. Firing Down or Across Roads.
2225. Permit Required.
2226. Minors.
2227. Possession of Untagged Big Game.
2228. Hunting and Trapping Seasons.
§ 2201. Band License.
57
Every enrollee of the Mille Lacs Band of Chippewa Indians who hunts or traps within the Mille
Lacs Reservation must have in his or her possession a proper Band hunting license. This license
must be in his or her possession at all times when carrying firearms within the Reservation,
shooting, trapping or taking within the Reservation any small game, big game or fur bearing
animals, or when possessing or transporting any place in the United States any small game, big
game or fur bearing animal lawfully taken within the Reservation.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 7.
§ 2202. Non-Band License.
If the Commissioner of Natural Resources determines that it is in the best interests of the Mille
Lacs Band of Chippewa Indians, he may issue a non-Band hunting license to any Indian enrolled
in a federally recognized Tribe who is not enrolled with the Mille Lacs Band. Such license must
be in the possession of any such person who carries firearms on the Reservation or who shoots,
traps or takes within the Reservation any small game, big game or fur bearing animal or who
possesses or transports any place in the United States any small game, big game or fur bearing
animal lawfully taken within the Reservation.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 7.01.
§ 2203. Non-Indian License.
If the Commissioner of Natural Resources determines that it is in the best interests of the Mille
Lacs Band of Chippewa Indians, he may issue non-Indian hunting licenses in numbers
determined by him to be suitable. The Commissioner may also, by Commissioner's Order,
establish resident and nonresident classes of non-Indian license. Any license issued under this
section must be in the possession of the person to whom issued when carrying firearms on the
Reservation or when shooting, trapping, or taking within the Reservation any small game, big
game or fur bearing animal or when possessing or transporting any place in the United States any
small game, big game or fur bearing animal lawfully taken within the Reservation.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 7.02.
§ 2204. License Fees.
58
Fees may be charged in the discretion of the Commissioner of Natural Resources for the issuance
of licenses required under 11 MLBS §§ 2201 and 2202. The Commissioner of Natural Resources
may charge a higher fee for the issuance of a non-Band license than for a Band hunting license.
The Commissioner may also in his discretion charge a greater fee for a non-Indian hunting
license than for a Band hunting license and may charge different fees and establish different
conditions and different numbers of resident and nonresident classes of non-Indian licenses.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 7.03.
§ 2205. Minnesota Licenses.
No Indian shall be required to purchase or possess a Minnesota big game, small game or trapping
license when engaged in hunting or trapping of game within the Mille Lacs Reservation or when
possessing or transporting game, lawfully taken, anywhere within the United States.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 7.04
§ 2206. Constructive Knowledge.
All regulations regarding the taking, possessing or transportation of small game, big game and
fur bearing animals adopted in this statute are subject to amendment on an annual basis by the
Commissioner of Natural Resources and all persons accepting Band, non-Band or non-Indian
licenses shall be deemed to know of any such modifications, whether or not the licensee has
actual knowledge.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 7.05.
§ 2207. License Required.
Possession of a valid Band hunting license or non-Band hunting license shall be required for the
taking, possession or transportation of all big game, small game and fur bearing animals.
Historical and Statutory Notes
Source:
59
Band Statute 1162-MLC-50, § 7.06.
§ 2208. Rare and Endangered Species.
There shall be no taking, possession or transportation whatsoever of bald eagle, elk, golden
eagle, timber wolf or any species determined by the Commissioner of Natural Resources to be
rare or endangered.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 7.07.
Cross References
Endangered and threatened species, see Nat. Res. Comm. Order 37-86.
§ 2209. Small Game Season.
The small game season shall be September 1 to and including March 1. There shall be no limitation
as to the season, number or manner of taking of rabbit or squirrel.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 7.08.
§ 2210. Specified Small Game Bag and Possession Limits.
The taking of ruffed grouse, sharp-tailed grouse and spruce hen shall be limited to six (6) per day
per person, and the possession and transportation of these types of small game shall be limited to
twelve (12) at any given time.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 7.09.
§ 2211. Big Game Bag Limits.
The taking of deer and bear shall be limited to one (1) each per season, provided that a special
license may be issued permitting the taking of one (1) additional deer upon a showing that a
greater need for sustenance exists.
60
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 8.
§ 2212. Season for Does.
The season for does shall be within the period of September 1 to January 31, inclusive.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 8.01.
§ 2213. Season for Bucks.
The season for bucks shall be July 1 to January 31, inclusive.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 8.02.
§ 2214. Deer Tags.
Each licensee will be furnished with a locking seal which shall be affixed to the deer between the
tendon and bone and around the bone of the leg so that such seal cannot be removed without
breaking the lock.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 8.03.
§ 2215. Elk and Moose.
The taking of elk and moose shall not be permitted; however, the Commissioner of Natural
Resources may authorize a moose or elk season.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 8.04.
61
§ 2216. Season for Furbearers.
The season for the trapping and taking of fur bearing animals shall be October 1 to and including
April 30, except the taking of fox, wolves, marten and fisher, which seasons shall be determined
annually by the Commissioner of Natural Resources.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 8.05.
§ 2217. Furbearer Tags.
All fur bearing animals taken pursuant to these regulations and all traps used pursuant to these
regulations shall bear the number of the licensee's Band or non-Band hunting license.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 8.06.
§ 2218. Shipment of Furs.
When shipping furs taken under a Band or non-Band hunting license, the parcel must be plainly
marked on the outside stating the name, address and license number of the shipper and kind and
number of skins contained in the package. The waybill or receipt issued by any common carrier
to a shipper shall specify the number and species of furs so shipped.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 8.07.
§ 2219. Personal Use of Hides or Pelts.
Hides or pelts adapted to personal use need not carry the license number of the taker once the
adaption is completed.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 8.08.
62
§ 2220. Commercial Hunting and Trapping.
There shall be no commercial taking of big game, small game or fur bearing animals with the
following exceptions, for which no special commercial license is needed other than the Band or
non-Band hunting license:
(a)
Taking. The skins of all fur bearing animals may be taken commercially according to
the regulations of 11 MLBS §§ 2216 to 2219.
(b)
Deer. The hides of deer may be possessed and transported for commercial purposes
and when transported or shipped the taker must comply with the regulations set forth
in 11 MLBS § 2218 if otherwise lawfully taken.
(c)
Beaver, muskrat, rabbit, raccoon. Beaver, muskrat, rabbit and raccoon may be
taken for commercial purposes, and when the flesh of these animals is transported or
shipped, the taker must comply with the regulations set forth in 11 MLBS § 2209.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50. § 9.
§ 2221. Motor Vehicles.
There shall be no taking of any animal from moving motor vehicles, including snowmobiles.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50. § 10(a).
§ 2222. Night Hunting; Shining.
(a)
It shall be illegal for any person under the jurisdiction of the Band to hunt, possess or
transport any big or small game, with the exception of raccoon, that is taken at night
and with or without the aid of artificial light for the purpose of hunting without just
cause. Artificial light shall mean all types of light which is not generated by nature.
The hunting technique commonly known as poaching with an artificial light shall be
illegal for purposes of this section.
(b)
There shall be no taking of big game or small game, except raccoon, with the use of
artificial lights.
Historical and Statutory Notes
Source:
63
Band Statute 1162-MLC-50, §§ 10(b), 10.03.
§ 2223. Populated Areas.
There shall be no hunting within 500 feet of any public campground during the season within
which it is open for public use, or within 500 feet of any occupied dwelling.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 10(c).
§ 2224. Firing Down or Across Roads.
There shall be no firing down or across any public road.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 10(d.)
§ 2225. Permit Required.
It shall be illegal for any person under the jurisdiction of the Band to participate in any hunting
activity on trust property under the jurisdiction of the Band without a valid hunting permit. It
shall be a civil offense for any person, of any age, to participate in any hunting activity without a
valid permit.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 10.01.
§ 2226. Minors.
It shall be illegal for any adult under the jurisdiction of the Band, over the chronological age of
eighteen (18) to engage any person of a lesser chronological age in any hunting activity when
said minor does not personally possess a valid hunting permit.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 10.02.
64
§ 2227. Possession of Untagged Big Game.
It shall be illegal for any person to possess any big game which is not tagged with the official
hunting tag of the Band, any other federally recognized Band or Tribe on any trust property
under the jurisdiction of the Band.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 10.04.
§ 2228. Hunting and Trapping Seasons.
The Commissioner of Natural Resources, may shorten or lengthen the seasons provided by these
regulations, may impose restrictions were none are set forth, or may close and prohibit trapping
or hunting of specified species of small game, big game, or fur bearing animals, when he
determines that such acts are in the best interests of the resource. The Commissioner of Natural
Resources may also impose such other restrictions on manner of taking and bag limits as he
deems necessary for preservation of the resource.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 12.
PART B
MIGRATORY BIRDS
Section
2261. Taking, Possession, Transport and Export.
2262. Methods.
2263. Closed Season.
2264. Shooting Hours.
2265. Daily Limit.
2266. Wanton Waste of Migratory Game Birds.
2267. Possession Prohibited If Unlawfully Taken.
2268. Possession During Closed Season.
2269. Possession Limit.
2270. Opening Day of Season.
2271. Field Possession Limit.
2272. Tagging Requirement.
2273. Custody of Birds of Another.
2274. Possession of Live Birds.
65
2275.
2276.
2277.
2278.
2279.
2280.
2281.
2282.
2283.
2284.
2285.
Termination of Possession.
Gift of Migratory Game Birds.
Transportation Prohibited If Unlawfully Taken.
Transportation of Birds of Another.
Species Identification Requirement-Transportation.
Marking Package or Container-Transportation.
Exportation Prohibited If Unlawfully Taken.
Species Identification Requirement.
Marking Package or Container-Exportation.
Migratory Bird Preservation Facility.
Annual Rules.
Cross References
Memorandum of understanding with US Fish and Wildlife Service on taking of migratory birds see Nat.
Res. Comm. Orders 132-90, 152-92, 173-93.
Off-reservation migratory bird hunting, memorandum agreement with US Fish and Wildlife Service, see
Nat. Res. Comm. Order 144-90.
§ 2261. Taking, Possession, Transport and Export.
Migratory birds may be taken, possessed, transported, and exported only as provided by this
chapter and Commissioner's Orders issued hereunto. Migratory birds has the meaning given to it
at 11 MLBS § 2001(m).
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 11.
§ 2262. Methods.
Migratory birds on which open seasons are prescribed may be taken by any method except those
prohibited in this section. No person shall take migratory game birds:
(a)
With a trap, snare, net, rifle, pistol, swivel gun, shotgun larger than 10 gauge, punt
gun, battery gun, machine gun, fish hook, poison, drug, explosive, or stupefying
substance.
(b)
From or by means, aid, or use of a sinkbox or any other type of low floating device,
having a depression affording the hunter a means of concealment beneath the surface
of the water.
(c)
From or by any means, aid, or use of any motor vehicle, motor-driven land
conveyance, or aircraft of any kind, except that paraplegics and persons missing one
66
or both legs may take from any stationary motor vehicle or stationary motor-driven
land conveyance.
(d)
From or by means of any motorboat or other craft having a motor attached, or any
sailboat, unless the motor has been completely shut off and/or the sails furled, and its
progress therefrom has ceased. Provided that a craft under power may be used to
retrieve dead or crippled birds; however, crippled birds may not be shot from such
craft under power.
(e)
By the use or aid of live birds as decoys; although not limited to, it shall be a
violation of this subsection for any person to take migratory waterfowl on an area
where tame or captive live ducks or geese are present unless such birds are and have
been for a period of 10 consecutive days prior to such taking, confined within an
enclosure which substantially reduces the audibility of their calls and totally conceals
such birds from the sight of wild migratory waterfowl.
(f)
By the use or aid of recorded or electrically amplified bird calls or sounds, or
recorded or electrically amplified imitations of bird calls or sounds.
(g)
By the aid of baiting or on or over any baited area. As used in this subsection,
"baiting" shall mean the placing, exposing, depositing, distributing, or scattering of
shelled, shucked, or unshucked corn, wheat or other grain, salt, or other feed so as to
constitute for such birds a lure, attraction or enticement to, on, or over any areas
where hunters are attempting to take them; and "baited areas" means any area where
shelled, shucked, or unshucked, wheat or other grain, salt, or other feed whatsoever
capable of luring, attracting, or enticing such birds is directly or indirectly placed,
exposed, deposited, distributed, or scattered; and such shall remain a baited area for
10 days following complete removal of all such corn, wheat or other grain, salt, or
other feed. However, nothing in this subsection shall prohibit:
(1)
The taking of all migratory birds, including waterfowl, on or over standing
crops, flooded standing crops (including aquatics), flooded harvested
croplands, grain crops properly shocked on the field where grown, or grains
found scattered solely as a result of normal agricultural planting or harvesting;
and
(2)
The taking of all migratory birds, except waterfowl, on or over land where
shelled, shucked, or unshucked corn, wheat or other grain, salt, or other feed
has been distributed or scattered as the result of bona fide agricultural
operations or procedures, or as a result of manipulation of a crop or other feed
on the land where grown for wildlife management purposes, provided that
manipulation for wildlife purposes does not include the distributing or
scattering of grain or other feed once it has been removed from or stored on
the field where grown.
67
(h)
As limited to the taking of ducks, geese, swans, and coots, (Fulica americana), while
possessing shotshells loaded with shot other than steel shot or such shot approved as
nontoxic by the Commissioner of Natural Resources, in any area declared a non-toxic
shot zone by the Commissioner of Natural Resources.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 11.01.
Cross References
Steel shot required, see Nat. Res. Comm. Order 31-85.
§ 2263. Closed Season.
No person shall take migratory birds during the closed season.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 11.02.
§ 2264. Shooting Hours.
No person shall take migratory game birds except during the hours open to shooting as
prescribed by annual regulations promulgated by the Commissioner of Natural Resources
pursuant to 11 MLBS § 2285.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 11.03.
§ 2265. Daily Limit.
No person shall take in any one (1) calendar day, more than the daily bag limit or negotiate annually
aggregate daily bag limit, whichever applies.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 11.04.
§ 2266. Wanton Waste of Migratory Game Birds.
68
No person shall kill or cripple any migratory game bird pursuant to this part without making a
reasonable effort to retrieve the bird and retain it in his actual custody at the place where taken or
between that place and either:
(a)
his automobile or principal means of land transportation;
(b)
his personal abode or temporary or transient place of lodging;
(c)
a migratory bird preservation facility as defined by 11 MLBS § 2284;
(d)
a post office; or
(e)
a common carrier facility.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 11.05.
§ 2267. Possession Prohibited If Unlawfully Taken.
No person shall at any time, by any means, or in any manner possessor have in custody any
migratory game bird or part thereof taken in violation of any provision of 11 MLBS §§ 2262
to 2266 or in violation of any Commissioner's Order issued under 11 MLBS § 2285.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 11.06.
§ 2268. Possession During Closed Season.
No person shall possess any freshly killed migratory game birds during the closed season.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 11.061.
§ 2269. Possession Limit.
No person shall possess more migratory game birds taken in the United States than the possession
limit or the aggregate possession limit, whichever applies.
69
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 11.062.
§ 2270. Opening Day of Season
No person on the opening day of the season shall possess any freshly killed migratory game birds
in excess of the daily bag limit or aggregate bag limit, whichever applies.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 11.063.
§ 2271. Field Possession Limit.
No person shall possess, have in custody, or transport more than the daily bag limit or aggregate
daily bag limit, whichever applies, of migratory game birds, tagged or not tagged, at or between
the place where taken and either:
(a)
his automobile or principal means of transportation;
(b)
his personal abode or temporary or transient place of lodging;
(c)
a migratory bird preservation facility as defined by 11 MLBS § 2284;
(d)
a post office; or
(e)
a common carrier facility.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 11.064.
§ 2272. Tagging Requirement.
No person shall put or leave any migratory game birds at any place (other than at his personal
abode), or in the custody of another person for picking, cleaning, processing, shipping,
transportation, or storage (including temporary storage), or for the purpose of having taxidermy
services performed, unless such birds have a tag attached signed by the hunter stating his
address, the total number and species of birds, and the date such birds were killed. Migratory
game birds being transported in any vehicle as the personal baggage of the processor shall not be
considered as being in storage or temporary storage.
70
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 11.065.
§ 2273. Custody of Birds of Another.
No person shall receive or have in custody any migratory game birds belonging to another person
unless such birds are tagged as required by 11 MLBS § 2272.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 11.066.
§ 2274. Possession of Live Birds.
Every migratory game bird wounded by hunting and reduced to possession by the hunter shall be
immediately killed and become a part of the daily bag limit. No person shall at any time or by
any means possess or transport live migratory game birds taken under authority of this Part,
except as provided by 11 MLBS § 2006.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 11.067.
§ 2275. Termination of Possession.
Subject to all other requirements of this Part, the possession of birds taken by any hunter shall be
deemed to have ceased when such birds have been delivered by him to another person as a gift;
or have been delivered by him to a post office, a common carrier, or a migratory bird
preservation facility as defined by 11 MLBS § 2284 and consigned for transport by the Postal
Service or a common carrier to some person other than the hunter.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 11.068.
§ 2276. Gift of Migratory Game Birds.
71
No person may receive, possess, or give to another any freshly killed migratory game birds as a
gift, except at the personal abode of the donor or donee, unless such birds have a tag attached
signed by the hunter who took the birds stating such hunter's address, the total number and
species of birds, and the date such birds were taken.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 11.07.
§ 2277. Transportation Prohibited If Unlawfully Taken.
No person shall at any time, by any means, or in any manner transport any migratory game bird
or part thereof taken in violation of any provision of 11 MLBS §§ 2262 to 2266, or in violation
of any Commissioner's Order issued under 11 MLBS § 2285.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 11.071.
§ 2278. Transportation of Birds of Another.
No person shall transport migratory game birds belonging to another person unless such birds are
tagged as required by 11 MLBS § 2272.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 11.072.
§ 2279. Species Identification Requirement-Transportation.
No person shall transport within the United States any migratory game birds, except doves and
band-tailed pigeons (Columba fasciata), unless the head or one fully feathered wing remains
attached to each such bird at all times while being transported from the place where taken until
they have arrived at the personal abode of the possessor or a migratory bird preservation facility.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50 § 11.073.
§ 2280. Marking Package or Container-Transportation.
72
No person shall transport by the Postal Service or a common carrier migratory game birds unless
the package or container in which such birds are transported has the name and address of the
shipper and the consignee, and an accurate statement of the numbers of each species of birds
therein contained clearly and conspicuously marked on the outside thereof
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 11.074.
§ 2281. Exportation Prohibited If Unlawfully Taken.
No person shall at any time, by any means, or in any manner export or cause to be exported any
migratory game bird or part thereof taken in violation of any provision of 11 MLBS §§ 2262
to 2266, or in violation of any Commissioner's Order issued under 11 MLBS § 2285.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 11.08.
§ 2282. Species Identification Requirement.
No person shall export migratory game birds unless one fully feathered wing remains attached to
each such bird while being transported from the United States and/or any of its possessions to
any foreign country.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 11.081.
§ 2283. Marking Package or Container-Exportation.
No person shall export migratory game birds via the Postal Service or common carrier unless the
package or container has the name and address of the shipper and the consignee, and an accurate
statement of the number of each species of birds therein contained clearly and conspicuously
marked on the outside thereof.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 11.082.
73
§ 2284. Migratory Bird Preservation Facility.
"Migratory Bird Preservation Facility" means:
(a)
Any person who, at his residence or place of business and for hire or other
consideration;
(b)
Any taxidermist, cold-storage facility or locker plant which for hire or other
consideration; or
(c)
Any hunting club which, in the normal course of operations, receives, possesses, or
has in custody any migratory game birds belonging to another person for purposes of
picking, cleaning, freezing, processing, storing, or shipping.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 11.09.
§ 2285. Annual Rules.
The Commissioner of Natural Resources is delegated the authority to promulgate annual rules
pertaining to seasons, bag limits, possession limits, and hunting hours for the on-reservation
migratory bird season and the off-reservation migratory bird season in the territories defined by
2 MLBS § 107.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 11.10.
SUBCHAPTER 4
WILD RICE
Section
2301. Band License.
2302. Non-Band License.
2303. Non-Indian License.
2304. License Required.
2305. License Fees.
2306. Regulations.
2307. Determination and Posting of Season.
2308. Watercraft and Flails.
74
2309. Poles.
2310. Paddy Rice.
2311. Constructive Knowledge.
Cross References
Explosives, use to remove obstructions to water flow on wild rice beds, see Nat. Res. Comm. Order 5687.
§ 2301. Band License.
Every enrollee of the Mille Lacs Band of Chippewa Indians who harvests wild rice within the
Mille Lacs Reservation shall have in his or her possession a proper Band ricing license. This
license must be in his or her possession whenever harvesting, possessing or transporting wild
rice within the Reservation and whenever possessing or transporting wild rice anywhere within
the United States, when such wild rice was lawfully harvested within the Reservation.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, §14.
§ 2302. Non-Band License.
If the Commissioner of Natural Resources determines that it is in the best interests of the Mille
Lacs Band of Chippewa Indians, he may issue a non-Band ricing license to any enrolled member
of a federally recognized Tribe who is not enrolled with the Mille Lacs Reservation.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 14.01.
§ 2303. Non-Indian License.
If the Commissioner of Natural Resources determines that it is in the best interests of the Mille
Lacs Band of Chippewa Indians, he may issue non-Indian ricing license in numbers determined
by him to be suitable. The Commissioner may also, by Commissioner's Order, establish resident
or nonresident classes of non-Indian licenses. Any license issued under this section must be in
the possession of the person to whom issued when gathering wild rice on the Mille Lacs
Reservation.
Historical and Statutory Notes
Source:
75
Band Statute 1162-MLC-50, § 14.02.
2304. License Required.
Every Indian who gathers wild rice within the Mille Lacs Reservation must have in his possession
a proper ricing license.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 14.03.
§ 2305. License Fees.
Fees may be charged in the discretion of the Commissioner of Natural Resources for the issuance
of ricing licenses. The Commissioner of Natural Resources may in his discretion charge a greater
fee for a non-Band ricing license than for a Band ricing license. The Commissioner may also
charge a greater fee for a non-Indian ricing license than for a Band license and may charge
different fees and establish different conditions and different numbers of resident and
nonresident classes of non-Indian licenses.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 14.04.
§ 2306. Regulations.
All regulations regarding the gathering of wild rice shall be as adopted in this chapter, subject to
amendment on an annual basis by the Commissioner of Natural Resources, and subject to the
power of the Commissioner of Natural Resources, or his agents, to regulate opening and closing
of particular beds.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 14.05.
§ 2307. Determination and Posting of Season.
The Commissioner of Natural Resources shall determine each year, and shall post notices
announcing, the season for the harvest of wild rice that year and the length of time per day
during which wild rice may be harvested.
76
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 14.06.
§ 2308. Watercraft and Flails.
No watercraft may be used for the harvest of wild rice other than a boat, skiff or canoe propelled
by hand, which boat, skiff or canoe may have a top width of not more than 36 inches and a
length of not more than 18 feet, nor may any machine or device be used for the harvest of wild
rice other than a flail not more than 30 inches in length, nor more than one (1) pound in weight,
which flail must be held and operated by hand.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 14.07.
Cross References
Watercraft, see 20 MLBS § 1.
§ 2309. Poles.
No pole may be used for propelling any watercraft utilized for the gathering of wild rice unless
such pole is forked at the end, with each branch less than 12 inches in length.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 14.08.
§ 2310. Paddy Rice.
None of the provisions of this subchapter shall apply to the gathering of paddy rice.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 14.09.
§ 2311. Constructive Knowledge.
77
All rules and regulations relating to the harvest of wild rice shall be as adopted in this chapter,
subject to amendment on an annual basis by the Commissioner of Natural Resources, and all
persons accepting Band, non-Band, or non-Indian licenses shall be deemed to know of any such
modifications, whether or not the licensee has actual knowledge.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 14.10.
SUBCHAPTER 5
FIREWOOD HARVEST
Section
2401. Definitions.
2402. Permit Requirement.
2403. Prohibited Acts.
2404. Cutting or Maiming Wood.
2405. Duties of Bureau of Indian Affairs.
2406. Duties of Tribal Members.
2407. Permits for Firewood Harvest.
2408. Fees.
2409. Natural Resource Officer Powers; Confiscation.
2410. Failure to Comply with Directives.
2411. Unauthorized Removal of Wood.
2412. Jurisdiction.
2413. Penalties.
Cross References
Forestry, policy, goals and standards, see 11 MLBS §§ 126, 127.
§ 2401. Definitions.
The Band Assembly hereby defines the following terms as related to this chapter:
(a)
Firewood Harvest Permit. Shall mean a license issued by the Natural Resource
Office or Clerk of Court which authorizes an enrolled member to cut trees and stumps
in accordance with this chapter.
(b)
Identified or Marked Trees. Shall mean any and all trees marked for cutting with
yellow paint.
78
(c)
Live Trees. Shall mean trees that are standing, bearing fruit or blossoms, or green
leaves; whatever the tree species may be.
(d)
Salvage Trees/Dead or Down Trees. Shall mean any and all trees that are damaged
or blown down.
(e)
Slash/Tops. Shall mean the branch extensions from a tree.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 22.
§ 2402. Permit Requirement.
Any enrolled member of the Minnesota Chippewa Tribe may harvest any species of tree
provided he has a valid wood-cutting permit in his possession which designates the type of wood
product to be cut and the legal cord amount authorized.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 16.
§ 2403. Prohibited Acts.
No enrolled member of the Minnesota Chippewa Tribe shall:
(a)
cut any unmarked species of wood product for firewood,
(b)
leave any stump that exceeds twelve inches in height from ground-base to top level of
stump, unless provided for by permit,
(c)
leave tops which lie greater than four feet from the ground,
(d)
cut any species of wood for firewood purposes that is outside of the exterior
boundaries of the permit's applicability,
(e)
leave any marked tree uncut and unfelled completely to the ground, or (f) be wasteful
or misuse any species of wood or stumpage.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 16.01.
79
§ 2404. Cutting or Maiming Wood.
No enrolled member of the Minnesota Chippewa Tribe shall cut, maim or do anything which
hinders the normal natural development of any species of wood while engaged in firewood
harvest activity on tribal or Band trust property.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 16.02.
§ 2405. Duties of Bureau of Indian Affairs.
(a)
It shall be the jurisdiction of the Natural Resources section of the Minnesota Agency
in consultation with the Band to designate any trust properties as eligible for
harvestation. The Minnesota Agency shall be additionally responsible for identifying
all species of trees for harvestation.
(b)
The Minnesota Agency of the Bureau of Indian Affairs shall recommend to the Band
the amount of fees which may be charged by the Band for each cord of wood
depending upon the species which is to be harvested.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 17.
§ 2406. Duties of Tribal Members.
(a)
Each member of the Minnesota Chippewa Tribe who is issued a permit to harvest
firewood shall not harvest or deface any unmarked or unidentified trees lest he be
liable for payment of three times the value of each tree harvested or defaced.
(b)
Each member of the Minnesota Chippewa Tribe who is issued a permit to harvest
firewood shall be responsible for keeping all roads to the harvest site open and
maintained in good condition.
(c)
Each member of the Minnesota Chippewa Tribe who is issued a permit to harvest
firewood shall be responsible for providing his own labor, equipment (suitable cutting
tools include chainsaws, axes, and other hand tools), supplies, transportation,
supervision and incidentals necessary to perform the work.
(d)
Each member of the Minnesota Chippewa Tribe who is issued a permit to harvest
firewood shall agree to indemnify and save and hold the Band harmless from any and
80
all claims or causes of action relating to personal injury, death or damage to property
arising from performance of the terms of the permit.
(e)
Each member of the Minnesota Chippewa Tribe who is issued a permit to harvest
firewood shall possess salvage rights during the term of his permit on those lots he is
permitted to harvest. All salvage felled trees shall be removed before each permit
expires.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 18.
§ 2407. Permits for Firewood Harvest.
(a)
Any Natural Resource Officer or the Clerk of Court shall be authorized to issue to
any enrolled member of the Minnesota Chippewa Tribe a permit to harvest firewood
in accordance with the provisions of Band law.
(b)
Each permit issued shall expire thirty days from the date of issuance. Each tribal
member shall be eligible to renew an expired permit for an additional fifteen days
provided weather conditions hampered his attempts to harvest firewood.
(c)
All permits shall expire on the required delivery date stated upon any contractual
agreement between the Band and the Bureau of Indian Affairs.
(d)
Each wood cutting permit issued to a member of the Minnesota Chippewa Tribe shall
state what species of tree is authorized for cutting, whether live and/or dead trees are
authorized for cutting, and the area of land where cutting shall be authorized.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 19.
§ 2408. Fees.
The Band Assembly hereby establishes the personal use fee for a firewood harvest permit as five
dollars ($5.00). A vendor permit fee of twenty-five dollars ($25.00) shall be charged for
firewood harvest. Additionally, a fee of five dollars ($5.00) is hereby established for each cord of
wood harvested under a vendor's permit.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 23.
81
§ 2409. Natural Resource Officer Powers; Confiscation.
The Natural Resource Officer of the Band shall be authorized to monitor for compliance all
provisions of this subchapter. He shall be empowered to issue citations for violations of this
subchapter and confiscate property of any enrolled member for failure to comply with any legal
desist order of the Natural Resource Officer for violations of law. Any confiscated property shall
be held by the Band until the Court of Central Jurisdiction has issued a legal decision on the
matter.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 20.
§ 2410. Failure to Comply with Directives.
Any enrolled member who is issued a permit to harvest firewood who fails to comply with a
legal directive of the Natural Resource Officer shall after legal hearing before the Court of
Central Jurisdiction have his permit revoked and/or be levied a fine not to exceed five hundred
dollars ($500.00) and/or be banished from harvesting firewood for a period not to exceed two
normal harvesting seasons.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 20.01.
§ 2411. Unauthorized Removal of Wood.
Any person who removes any species of wood without a valid permit shall be liable for a fine of
three times the value of the wood. Said wood is hereby established as eighty dollars ($80.00) per
cord.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 24.
§ 2412. Jurisdiction.
The Court of Central Jurisdiction shall have jurisdiction over all legal matters involved with this
subchapter.
82
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 21.
Cross References
Natural Resource Protection Code, jurisdiction, see 11 MLBS § 2601.
Subject-matter jurisdiction, Court of Central Jurisdiction, see 5 MLBS § 111.
§ 2413. Penalties.
The Court of Central Jurisdiction shall be authorized to issue any or all of the following punitive
measures for violation(s) of provisions of this subchapter: probation, revocation of permit, finesnot to exceed five hundred dollars ($500.00), banishment from harvestation with any eligible
trust property, and confiscation of woodcutting equipment to include chainsaws, axes and other
hand tools and cutting supplies.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 21.01.
SUBCHAPTER 6
FIRES
Section
2501. Starting Fires.
2502. Exemptions.
2503. Camp Fires.
2504. Permission to Start Fires.
2505. Failure to Perform Duty.
2506. Duty to Report Unauthorized Fire.
Cross References
Open fire and backfire regulations, see Nat. Res. Comm. Order 12-84.
§ 2501. Starting Fires.
Except as provided in 11 MLBS § 2502, any person who shall, when the ground is not snowcovered, in any place where there are standing or growing native coniferous trees, or in areas of
ground from which natural coniferous trees have been cut, or where there are slashings of such
83
trees, or native brush, timber, slashing thereof, or excavated stumps, or where there is peat or
peat roots excavated or growing, start or have any open fire without the written permission of the
Commissioner of Natural Resources shall be subject to a forfeiture of $20.00.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 25.
§ 2502. Exemptions.
No permit is required for the following open fires:
(a)
A cooking, singeing, poaching, boiling sap, or warming fire contained in a fireplace,
fire-ring, charcoal grill, portable gas or liquid fueled camp stove or other similar
container or device designed for the purpose of cooking or heating, or if the area
within a radius of five feet of the fire is reasonably clear of all combustible material.
(b)
The burning of grass, leaves, rubbish, garbage, branches, and similar combustible
material in an approved incinerator. An approved incinerator shall be constructed of
fire-resistant material, have a capacity of at least three bushels, be maintained with
minimum burning capacity of at least two bushels, and have a cover which is closed
when in use and openings in the top or sides of one-inch maximum diameter. No
combustible material shall be nearer than three feet to the burner or incinerator when
in use.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 25.01.
§ 2503. Camp Fires.
Every person who when the ground is not covered with snow starts a fire in the vicinity of forest
or prairie land shall exercise every reasonable precaution to prevent the fire from spreading and
shall before lighting the same clear the ground of all branches, brushwood, dry leaves, and other
combustible material within a radius of five feet from the fire, and keep the fire under immediate
personal supervision and control at all times, and carefully extinguish the fire before quitting the
place. Any person who fails to comply with any provision of this section shall be subject to a
forfeiture not to exceed $20.00.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 25.02.
84
§ 2504. Permission to Start Fires.
Permission to set fire to any grass, stubble, peat, brush, raking of leaves, rubbish, garbage,
branches, slashing or woods for the purpose of cleanup, clearing and improving land or
preventing other fires shall be given whenever the same may be safely burned upon such
reasonable conditions and restrictions as the Commissioner of Natural Resources may prescribe
to prevent same from spreading and getting beyond control. This permission shall be in the form
of a written permit signed by the Commissioner or his designee, these permits to be on forms
furnished by the Commissioner. Any person setting any fire or burning anything under such
permit shall keep the permit in immediate possession while so engaged and produce and exhibit
the permit to any conservation or law enforcement officer when requested to do so.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 25.03.
§ 2505. Failure to Perform Duty.
Every person who shall kindle a fire on or near forest, brush, or prairie land and leave it
unquenched, or be a party thereto, or who shall set fire to brush, stumps, dry grass, field stubble,
leaves, peat, rubbish, garbage, branches and slashings, or other material, and fail to extinguish
the same before it has endangered the property of another; every person who shall negligently or
carelessly set on fire, or cause to be set on fire, any woods, prairie, or other combustible material,
whether on his own land or not, by means whereof the property of another shall be endangered,
or who shall negligently suffer any fire upon his own lands to extend beyond the limits thereof;
every person who shall use other than incombustible wads for firearms, or carry a naked torch,
firebrand, or exposed light in or near forest land, or who, upon any such land or in the vicinity
thereof, or on or along any public, tribal, or private road, trail path, railroad right of way or
roadbed, or other public, tribal or private way of any kind running over, along or in the vicinity
of any such land, shall throw or drop any burning match, ashes of pipe, lighted cigar, or cigarette,
or any other burning substance, and who fails to extinguish the same immediately; every person
who drives upon or over forest lands in a motor vehicle with an open cutout or without a muffler
on the exhaust pipe; and every person who operates a tractor, chainsaw, steam or internal
combustion engine in forested areas not equipped to prevent fires, shall be subject to a forfeiture
not to exceed $5,000.00.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 25.04.
§ 2506. Duty to Report Unauthorized Fire.
85
The occupant of any premises upon which any unauthorized fire is burning in the vicinity of
forest lands, whether the fire was started by the occupant or otherwise, shall promptly report the
fire to the Commissioner of Natural Resources, or to the nearest tribal or state forest officer, fire
warden, conservation officer or law enforcement officer. Failure to make this report shall be
deemed a violation of 11 MLBS § 2505, and the occupant of the premises shall be deemed prima
facie guilty of negligence if the unreported fire spreads from the premises to the damage, loss, or
injury of the tribe or any person.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 25.01(c).
SUBCHAPTER 7
ENFORCEMENT
Section
2601. Jurisdiction.
2602. Citation.
2603. Service of Process and Arrest.
2604. Notice to Appear.
2605. Power of Natural Resource Officers.
2606. Searches.
2607. Inspection of Premises.
2608. Seizure.
2609. Resisting or Obstructing Natural Resource Officer.
2610. Witnesses to Violation.
2611. Anonymity of Persons Reporting Violations.
2612. Penalties.
2613. Trespass.
2614. Implied Consent to Seizure and Confiscation.
2615. Use of Motor Vehicles and Other Equipment to Commit Violations Prohibited.
2616. Possession of Animals or Wild Rice Taken in Violation of This Chapter.
2617. Adoption of 18 U.S.C. Sections 1160, 1164, and 1165.
2618. Property Damaged in Committing Offense.
2619. Destroying Boundary and Warning Signs.
2620. Hunting, Trapping or Fishing on Indian Lands.
2621. Institution of Civil Forfeiture Proceedings.
2622. Forfeitures.
Cross References
Juvenile delinquency, violations heard in Criminal Division, see 24 MLBS § 4305.
Motor vehicles, police powers, see 19 MLBS § 501.
Warrant, summons and arrest, see 24 MLBS § 4101.
86
§ 2601. Jurisdiction.
The Court of Central Jurisdiction shall have jurisdiction of all matters arising under this chapter.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 4.
Cross References
Firewood harvest, jurisdiction, see 11 MLBS § 2412.
Subject-matter jurisdiction, Court of Central Jurisdiction, see 5 MLBS § 111.
§ 2602. Citation.
Any officially recognized and sworn Natural Resource Officer of the Mille Lacs Band of
Chippewa Indians shall issue a citation to each and every individual person, regardless of
chronological age, who is observed in activities which are in civil violation or suspected civil
violation of any section of this chapter.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 4.02.
§ 2603. Service of Process and Arrest.
Any duly sworn Natural Resource Officer of the Non-Removable Mille Lacs Band of Chippewa
Indians is hereby authorized and empowered to execute and serve all warrants and processes
issued by any justice of the Court of Central Jurisdiction under any law of the Non-Removable
Mille Lacs Band of Chippewa Indians. Any Natural Resource Officer may arrest without a
warrant any person under the jurisdiction of the Band detected in the actual violation of any
provisions of Band law, and to take such person before the Court of Central Jurisdiction and
make a proper complaint.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 4.03.
§ 2604. Notice to Appear.
87
When a person is arrested for any violation of law which is punishable as a civil misdemeanor
and is not taken into custody and immediately taken before the Court, the arresting officer shall
prepare, in quadruplicate, written notice to appear before the Court. This notice has the effect of,
and serves as, a summons and complaint. Said notice shall conform with applicable provisions of
the United States Code of Federal Regulations, United States Department of Interior, Title 25Indians. In order to secure release, without being taken into custody and immediately taken
before the Court, the arrested person must give his written promise so to appear before the Court
by signing, in quadruplicate, a written notice prepared by the arresting officer. The officer shall
retain the original of the notice and deliver the copy thereof marked "summons to the person
arrested. Thereupon the officer shall release the person from custody. If the person so summoned
fails to appear on the return day, the Court shall issue a warrant for his arrest, and upon his arrest
proceedings shall be had as in any other case.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 4.04.
§ 2605. Power of Natural Resource Officers.
Any duly sworn Natural Resource Officer is hereby authorized and empowered to enter upon any
trust land within the jurisdiction of the Band for the purpose of carrying out the duties and
functions of his office, or to make investigations of any violation of the Band's game and fish
laws, and in aid thereof to take affidavits upon oath administered by him, and to cause
proceedings to be instituted if proofs at hand warrant it.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 4.05.
§ 2606. Searches.
Any sworn Natural Resource Officer of the Non-Removable Mille Lacs Band of Chippewa
Indians is hereby authorized and empowered to enter and inspect any commercial building
located on trust property of the Band for the purpose of determining whether wild animals are
kept or stored therein in violation of this chapter. He shall have power to inspect and examine the
books and records of all persons, or businesses, or corporations which he has reason to believe
has violated the laws relating to game or fish. He shall have power to enter and examine all
camps, vessels, boats, wagons, automobiles, airplanes, or other vehicles, cars, stages, tents,
suitcases, valises, packages, crates, boxes, and other receptacles and places where he has reason
to believe wild animals unlawfully taken or possessed are to be found.
Historical and Statutory Notes
Source:
88
Band Statute 1162-MLC-50, § 4.06.
Cross References
Unreasonable search and seizure, see 1 MLBS § 2.
§ 2607. Inspection of Premises.
Any duly sworn Natural Resource Officer of the Non-Removable Mille Lacs Band of Chippewa
Indians is hereby authorized and empowered to enter and inspect at all reasonable times the
premises whereon is being conducted any business or activity requiring a license under this
chapter.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 4.07.
Cross References
Unreasonable search or seizure, see 1 MLBS § 2.
§ 2608. Seizure.
Any duly sworn Natural Resource Officer of the Non-Removable Mille Lacs Band of Chippewa
Indians is hereby authorized and empowered to seize and confiscate in the name of the Band, any
wild animals or wild rice taken, bought, sold, transported, or possessed in violation of this
conservation code and to seize and confiscate in the name of the Band any and all equipment
used by any person in the unlawful taking or transporting of said wild animals or wild rice and
any evidence of any violation of any provision of this Chapter or of Commissioner's Order issued
thereunder. Anything seized or confiscated shall be held by the Band until proper determination
of the case by the Court of Central Jurisdiction is finalized.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, §§ 4.08, 30.
Cross References
Unreasonable search or seizure, see 1 MLBS § 2.
§ 2609. Resisting or Obstructing Natural Resource Officer.
89
It shall be illegal for any person under the jurisdiction of the Band to willfully hinder, resist, or
obstruct a duly sworn Natural Resource Officer in the performance of his official duty, or refuse
to submit anything called for by him for his inspection.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50 § 4.09.
§ 2610. Witnesses to Violation.
Any person who is aware of or witnesses a violation of this chapter, or of any rule established by
the Commissioner of Natural Resources regarding season limit, bag limit or restriction on
method or manner of taking game, fish or wild rice, may report such infraction to the
Commissioner of Natural Resources, the Natural Resource Officer or the Court of Central
Jurisdiction.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 4.10.
§ 2611. Anonymity of Persons Reporting Violations.
Any person under the jurisdiction of the Band who reports a violation of this chapter may do so
anonymously. No person who reports a violation in person shall be compelled to appear in the
Court of Central Jurisdiction as a witness. No justice of the Court of Central Jurisdiction shall
compel any officer of the Band to reveal the name of said person as a matter of court record.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 4.11.
§ 2612. Penalties.
Any person who violates any provision of 11 MLBS §§ 2101 to 2310 shall be subject to a
forfeiture not to exceed $5,000.00, and a revocation of any license or permit held under this
chapter.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 4.01.
90
§ 2613. Trespass.
Any person who is not eligible for a Band fishing, hunting, or ricing license, and who enters
upon the trust properties of the Mille Lacs Band, of its enrolled members, or of the Minnesota
Chippewa Tribe delegated to the Mille Lacs Band of Chippewa Indians, for the purpose of
fishing, hunting, or gathering wild rice, shall be deemed in trespass and subject to a forfeiture not
to exceed $1,000.00. It shall be a defense to any action brought under this section that the person
charged with its violation had at the time and in his possession a license validly issued under this
chapter, authorizing the activity in which he was engaged.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 4.50.
§ 2614. Implied Consent to Seizure and Confiscation.
Any person not eligible for a Band fishing, hunting, or ricing license, and who enters upon the
trust properties of the Mille Lacs Band, its enrolled members, or the Minnesota Chippewa Tribe
delegated to the Mille Lacs Band of Chippewa Indians, for the purposes of fishing, hunting, or
gathering wild rice, thereby impliedly gives consent to the seizure and forfeiture of any property
used in the in the commission of any violation of this chapter or of any Commissioner's Order
issued thereunder and of any wild animals or wild rice taken or possessed in violation of this
chapter or any Commissioner's Order issued thereunder, and such property, wild animals, or wild
rice may be seized as provided in 11 MLBS § 2608. Such consent may be withdrawn but only
after any property, wild animals or wild rice subject to seizure and forfeiture has been
inventoried by a Natural Resource officer of the Band.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 26.
§ 2615. Use of Motor Vehicles and Other Equipment to Commit Violations Prohibited.
(a)
The use of any vehicle, as defined by 19 MLBS § 2; any firearm, as defined by
11 MLBS § 2001; any boat, including motor, oars, paddles, and sails; any bow;
arrow; spear; net; fishing rod; fishing tackle; trap; or snare to violate or to facilitate
the violation of any provision of this chapter or any Commissioner's Order issued
thereunder is a violation subject to a forfeiture of $300.00.
(b)
An element of the Band's proof upon the trial of any violation of this section shall be
the production of the equipme
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