White Earth Reservation

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Tribal Conservation Code

General

Record of Revisions

Date

11/3/2014

Resolution Number

057-15-001

06/28/2024

057-24-023A

Reason for Amendment

To include section on wolf sanctuary and wolf

protections.

Repeal Tamarac National Wildlife Refuge

provisions and amend with Tamarac National

Wildlife Refuge Ordinance.

White Earth

Conservation Code

Table of Contents

Preamble

C.C. 100.00 General Information and Provisions

C.C. 100.01 Name of Code

C.C. 100.02 Prior Inconsistent Ordinances Repealed

C.C. 100.03 Amendment of the Conservation Code

C.C. 100.04 Severability

C.C. 100.05 Exclusiveness of Offense

C.C. 100.06 Effective Date

C.C. 100.07 Jurisdiction

C.C. 100.08 Enforcement

C.C. 100.09 Authority

C.C. 101.00 Definitions

C.C. 102.00 General Provisions and Prohibited Acts

C.C. 103.00 Transport Permits

C.C. 200.00 Fishing Provisions

C.C. 201.00 Fishing Permits

C.C. 202.00 Fishing Rules and Regulations

C.C. 203.00 Angling

C.C. 203.01 Open Water

C.C. 203.02 Angling/Ice

C.C. 204.00 Spearing/Bow Fishing

C.C. 204.01 Spearing/Bow Fishing Non-Game/Rough Fish/Open Water

C.C. 204.02 Dark House Spearing/Bow Fishing/Ice

C.C. 205.00 Dark House/Fish House and Portable Shelters

C.C. 206.00 Netting

C.C. 300.00 Hunting Provisions

C.C. 301.00 Hunting Permits

C.C. 301.01 Wolf Hunting and Trapping Prohibited

C.C. 302.00 Hunting Rules and Regulations

C.C. 302.01 Handicapped Hunting Rules and Regulations

C.C. 303.00 Hunting Seasons

C.C. 304.00 Firearms/Bow/Crossbow Regulations

C.C. 304.01 Concealed Carry and/or Permit to Carry

C.C. 305.00 Artificial Lighting

C.C. 306.00 Party Hunting

C.C. 307.00 Motor Vehicles

C.C. 308.00 Elevated Stands

C.C. 309.00 Bear

C.C. 310.00 Migratory Game Bird Hunting Provisions

C.C. 310.01 Rules and Regulations

C.C. 310.02 Definitions

C.C. 310.03 Firearm Regulations

C.C. 310.04 Hunting Methods

C.C. 311.00 Trapping Provisions

C.C. 311.01 Trapping Permit

C.C. 311.02 Trapping Rules and Regulations

C.C. 400.00 Wild Rice Provisions

C.C. 401.00 Wild Rice Permits

C.C. 402.00 Wild Rice Rules and Regulations

C.C. 403.00 Genetically Modified Wild Rice

C.C. 500.00 Tamarac National Wildlife Refuge Ordinance

C.C. 500.00 General Provisions

C.C. 500.01 Short Title

C.C. 500.02 Repeal and Replace

C.C. 500.03 Conflict with other Tribal Laws

C.C. 500.04 Declaration of Policy

C.C. 500.05 Purpose of the Ordinance

C.C. 500.06 Applicability and Scope

C.C. 500.07 Authority and Sovereign Immunity

C.C. 500.08 Effective Date

C.C. 500.09 Severability

C.C. 500.10 Definitions

C.C. 500.11 General Information and Provisions for Activites on the Refuge

C.C. 500.12 Prohibited, Unlawful, or Restricted Acts on the Refuge

C.C. 500.13 Inspection and Enforcement Procedures

C.C. 500.14 Penalties

C.C. 501.00 Ceremonial Use Regulations

C.C. 501.01 Ceremonial Use Refuge Permits

C.C. 501.01 Ceremonial Use Regulations

C.C. 502.00 Dead & Down Woodcutting Regulations

C.C. 502.01 Dead & Down Woodcutting Refuge Permits

C.C. 502.02 Dead & Down Woodcutting Regulations

C.C. 503.00 Gathering Nontimber Forest Products on the Refuge

C.C. 503.01 Gathering Nontimber Forest Products Permits

C.C. 503.02 Gathering Nontimber Forest Products Regulations

C.C. 504.00 Gathering Traditional Timber Forest Products on the Refuge

C.C. 504.01 Gathering Traditional Timber Forest Products Permits

C.C. 504.02 Gathering Traditional Timber Forest Products Regulations

C.C. 505.00 Harvesting Leeches, Turtles, and Minnows on Refuge Regulations

C.C. 505.01 Harvesting Leeches, Turtles, and Minnows on Refuge Permits

C.C. 505.02 Harvesting Leeches, Turtles, and Minnows on Refuge Regulations

C.C. 505.02A Special Minnow Regulations

C.C. 506.00 Refuge Furbearer Trapping Regulations

C.C. 506.01 Trapping Permit Drawing

C.C. 506.02 Trapping Regulations

C.C. 507.00 Refuge Manoomin (Wild Rice) Gathering Regulations

C.C. 507.01 Manoomin Permits

C.C. 507.02 Manoomin Regulations

C.C. 508.00 Scientific Research on the Refuge

C.C. 508.01 Scientific Research Permits

C.C. 508.02 Scientific Research Regulations

C.C. 600.00 Forestry Provisions

C.C. 601.00 Forestry Permits

C.C. 602.00 Forestry Rules and Regulations

C.C. 603.00 Fire and Burning Provisions

C.C. 603.01 Burning Permits

C.C. 603.02 Burning Rules and Regulations

C.C. 603.03 Campfires

C.C. 603.04 Assisting With Wildfire Suppression, Commandeering Property

C.C. 603.05 Disposal of Slashing and Debris

C.C. 603.06 Starting Fires: Burners, Failure to Report a Fire

C.C. 603.07 Fire Wardens

C.C. 603.08 Wildfire Prevention and Prohibitions

C.C. 700.00 Raptor Provisions

C.C. 701.00 Eagles

C.C. 701.01 Eagle Permit and Eagle Feather Bank

C.C. 702.00 Commercial Use of Feathers

C.C. 800.00 Recreational Vehicle Provisions

C.C. 801.00 Boats and Watercraft Registration Provisions

C.C. 801.01 Boats and Water Craft Registrations

C.C. 801.02 Boats and Watercraft Rules and Regulations

C.C. 801.03 Personal Watercraft (PWC) Rules and Regulations

C.C. 802.00 Off-Highway Vehicles (OHV) Provisions

C.C. 802.01 OHV Permits

C.C. 802.02 OHV Rules and Regulations

C.C. 802.03 All-Terrain Vehicles (ATV’s) Rules and Regulations

C.C. 802.04 Mini-Trucks

C.C. 802.05 Off-Highway Motorcycles (OHM’s) Rules and Regulations

C.C. 802.06 Off-Road Vehicles (ORV’s) Rules and Regulations

C.C. 802.07 Snowmobiles Rules and Regulations

C.C. 900.00 Parks and Recreation Provisions

C.C. 901.00 Park Violations

C.C. 902.00 Fires

C.C. 1000.00 Commercial Provisions

C.C. 1001.00 Commercial Fishing Provisions

C.C. 1001.01 Commercial Non-Game/Rough Fish Harvesting Permit

C.C. 1001.02 Private Game Fish Culture Permit

C.C. 1001.03 Commercial Bait Fish Aquaculture Permit

C.C. 1001.04 Fishing Tournaments

C.C. 1002.00 Leeching Provisions

C.C. 1002.01 Leeching Permits

C.C. 1002.02 Leeching Rules and Regulations

C.C. 1003.00 Turtle Provisions

C.C. 1003.01 Turtle Permits

C.C. 1003.02 Turtle Rules and Regulations

C.C. 1004.00 Commercial Bear Guide Service

C.C. 1004.01 Rules and Regulations

C.C. 1005.00 Game Bird Shooting Preserve Provisions

C.C. 1005.01 Game Bird Shooting Preserve Permits

C.C. 1005.02 Game Bird Shooting Preserve Rules and Regulations

C.C. 1005.03 Game Bird Shooting Preserve Seasons and Limits

C.C. 1006.00 Commercial Big Game Harvest Preserve Provisions

C.C. 1006.01 Definitions

C.C. 1006.02 Permit

C.C. 1006.03 Rules and Regulations

C.C. 1006.04 Records/Accreditation

C.C. 1007.00 Commercial Fur Buyer Provisions

C.C. 1007.01 Commercial Fur Buyer Permits

C.C. 1007.02 Rules and Regulations

C.C. 1008.00 Commercial Taxidermy Provisions

C.C. 1008.01 Commercial Taxidermy Permits

C.C. 1008.02 Commercial Possession of Wild Animals

C.C. 1008.03 Transport Permits

C.C. 1009.00 Commercial Harvest of Aquatic Vegetation

C.C. 1009.01 Aquatic Vegetation Harvest Permits

C.C. 1009.02 Aquatic Vegetation Harvest Rules and Regulations

C.C. 1010.00 Bough Harvesting Provisions

C.C. 1010.01 Bough Harvesting Permits

C.C. 1010.02 Bough Harvesting Rules and Regulations

WHITE EARTH RESERVATION

CONSERVATION CODE

PREAMBLE

It is the obligation of the White Earth Reservation as a sovereign nation to protect the rights of all its

enrolled members. It is recognized that the White Earth Tribal Council has granted the members of the

Reservation a right in taking and using of resources found on the Reservation. However, the rights of

individuals are subject to regulation by the sovereign to insure that each member has equal access to available

resources and to preserve such resources as we now enjoy for use by future generations.

It is also the responsibility of a sovereign nation, through reasonable regulations and management

activities, to manage the Reservation’s resources to the best of its ability by efficient and effective ways to

insure that these resources are managed in a manner as to allow maximum usage while yet maintaining a

population at a level capable of regeneration.

It is for these and other purposes that the White Earth Band of Chippewa Indians enacts the following

Conservation Code pursuant to their inherent traditional powers and the authority of the Minnesota Chippewa

Tribal Constitution, Article 1, Section 3.

These regulations apply to Minnesota Chippewa Tribal members and other permittees. However,

because of the unique nature of law enforcement and natural resource management responsibilities, employees

of the White Earth Reservation Tribal Council’s Natural Resources Department, in carrying out their assigned

duty to protect or manage natural resources, shall be exempted from the restrictions herein stated to the extent

necessary to fulfill their assigned tasks or job.

C.C. 100.00 General Information and Provisions

C.C. 100.01 Name of Code

This Code shall be known as the White Earth Reservation Conservation Code and may be referred to as

the Conservation Code and may be abbreviated as the C.C. All rules and regulations contained herein may be

cited by the names given in the ruled headings. The Preamble shall not be considered part of this Ordinance.

C.C. 100.02 Prior Inconsistent Ordinances Repealed

Any and all ordinances of the Reservation Tribal Council which conflict in any way with the provisions

of this Code are hereby repealed, to the extent that they are inconsistent with or conflict with, or are contrary to

the spirit and/or purpose of the Code.

C.C. 100.03 Amendment of the Conservation Code

The Conservation Code may be amended by the Reservation Tribal Council by adoption of a resolution

stating such changes. Additions to this Conservation Code shall become part thereof for all purposes and shall

be codified and incorporated herein in a manner consistent with the numbering and organization thereof.

C.C. 100.04 Severability

If any provision of this Code or the application of any provisions of this Code to any person or

circumstances is held invalid, the remainder of this Code shall not be affected thereby.

C.C. 100.05 Exclusiveness of Offense

No conduct constitutes an offense unless so declared by this Code or by any other tribal resolution or

ordinance. Offenses may be an omission of a requirement or special provision or engaging in a prohibited act.

C.C. 100.06 Effective Date

This Code shall apply to all offenses as herein defined occurring on or after its effective date including

amendments, seasons, limits and other regulations established by the Director of Natural Resources or

Reservation Tribal Council.

C.C. 100.07 Jurisdiction

Subd.1) The jurisdiction of the White Earth Tribal Court shall extend to all aspects of the Conservation Code

and shall extend to all enrolled members of the Minnesota Chippewa Tribe, and to all members of a federally

recognized tribe.

Subd.2) The jurisdiction of this Code shall be criminal in nature and the penalties assessed for any violation of

any prohibited act contained herein or amendatory thereof shall be in the form of dollar amount fines and/or

incarceration and/or loss and/or revocation or resource taking permits and/or seizure of vehicles, boats, guns,

fishing equipment and any and all other equipment used during the course of a violation of alleged violation of

this Code.

Subd. 3) The jurisdiction of the White Earth Tribal Court shall extend to non-Indians in the case

of hunting or trapping violations involving wolves, and such jurisdiction shall be civil in nature. Civil penalties

with respect to non-Indians found to have engaged in hunting or trapping violations involving wolves shall be

limited to monetary fines not to exceed $5,000.00 for each offense. Additionally, any equipment, firearms,

motor vehicles used during the course of wolf hunting or trapping shall be subject to civil forfeiture.

C.C. 100.08 Enforcement

Notwithstanding any other provision of law, an authorized official or any other persons authorized by the White

Earth Reservation Tribal Council that has been deemed to enforce all or part of this Code/Ordinance.

C.C. 100.09 Authority

The foregoing shall not be deemed to limit or restrict the Land Office, Natural Resources Department, or any

other person(s) who represents the White Earth Reservation Tribal Court System from taking other appropriate

action, including issuance of cease and desist orders, and giving notification to the representative of Federal,

Tribal, State, County or municipal government agencies.

C.C. 101.00 Definitions

Subd.1) Adult: Shall mean any person 18 years of age or older.

Subd.2) All-Terrain vehicles (ATV): Shall include Class 1 and 2 type ATV’s.

•

Class 1 ATVs:

o Motorized

o Flotation tires, at least 3 but no more than 6 low pressure tires

o Engine displacement of less than 800cc

o Dry weight of less than 900 pounds

•

Class 2 ATVs:

o Motorized

o Flotation tires, with at least 3 but no more than 6 low pressure tires

o Engine displacement of less than 800cc

o Dry weight of 900-1500 pounds

Subd.3) Angling: Shall mean to take, or attempt to take a fish by a hook and line.

Subd.4) Aquatic Life: Shall mean plant, or animal life that grows, lives in, or frequents the water.

Subd.5) Arrow: Shall mean a projectile released from a bow, which includes both hunting and fishing arrows.

The regulation of a bow and arrow will be addressed separately in the hunting and fishing regulations.

Subd.6) Attended Line: Shall mean a line used for taking fish that is within 300 feet, and within sight of the

person that set the line.

Subd.7) ATV Safety Certificate: Shall mean a valid certificate issued by a duly authorized Band or State

program, upon completion of a Firearm Safety class.

Subd.8) Backfire: Shall mean a fire intentionally started ahead of, or in the path of, an approaching wildfire for

the purpose of burning back toward the wildfire so that when the two fires meet both will die for lack of fuel.

Subd.9) Bait: Shall mean grain, fruit, vegetables, nuts, and hay.

Subd.10) Baitfish: Shall mean all members of the minnow family, except carp and goldfish, all members of the

sucker family, yellow perch, herring, gold-eyes, mooneyes, and mud minnows. For purposes of any law

regulating the taking, sale, or transportation thereof, leeches, frogs and salamanders shall be considered baitfish.

Subd.11) Big Game Animals: Shall mean deer, bear, elk, and moose.

Subd.12) Boat Safety Certificate: Shall mean a valid certificate issued by a duly authorized Band or State

program, upon completion of a Boat Safety class.

Subd.13) Bolt: Shall mean a projectile released from a crossbow similar to an arrow.

Subd.14) Bow: Shall mean any hunting instrument designed for the purpose of propelling arrows, which is

drawn, and held by and through the efforts of the person releasing.

Subd.15) Bow Fishing: Shall mean taking or attempting to take fish with a bow designed for fishing, complete

with barbed arrows tethered to a reel system that is anchored to the body of the bow. Test pull on the line shall

not be less than the size/weight of the fish being taken.

Subd.16) Buck Shot: Shall mean ammunition with more than one projectile inside of the shell casing with

projectiles measuring .24 inches or 6.10 millimeters (#4 Buckshot)

Subd.17) Burning Ban: Shall mean a burning ban is put in place when moisture conditions in the vegetation

are so low that open burning is difficult to control, and has the potential to spread uncontrollably, endangering

lives and property. Commonly, this occurs soon after snowmelt in the spring, but it can also occur in mid to late

summer, and in the fall.

Subd.18) Burning Restrictions: shall mean burning restrictions are in place anytime there is not a continuous

3-inch cover of snow. Open burning is allowed, between the hours of 6 PM and 8 AM, with a permit, at the

specific location.

Subd.19) Campfire: Shall mean a fire set for cooking and warming, which is not more than three feet in

diameter by three feet high, and has had the ground five feet from the base of the fire cleared of all combustible

material.

Subd.20) Cased: Shall mean any firearm/bow/crossbow totally encased by a container that is zipped, tied, or

sealed in some manner. A handgun in a holster is not considered a cased gun.

Subd.21) Ceremonial Fire: Shall mean a fire set for ceremonial purposes, which is not more than three feet in

diameter by three feet high, and has had the ground five feet from the base of the fire cleared of all combustible

material.

Subd.22) Combined Limit: Shall mean the total of the Daily Limits of all party members involved in the

harvest activity.

Subd.23) Commercial Purposes: Shall mean the taking, selling for barter, sale, or exchange for consideration.

Subd.24) Conservation Officer: Shall mean any person licensed under Minn. Stat. §626 and/or 25 CFR who is

duly authorized and/or employed by the White Earth Reservation Tribal Council to provide enforcement of

tribal conservation laws.

Subd.25) Crossbow: Shall mean any device using a bow, which once drawn, is held solely by means other than

the effort of the person releasing. A crossbow may have either a non-folding or folding stock on the device.

Subd.26) Daily Limit: Shall mean the number or quantity of fish, wildlife and other natural resources that may

be harvested in a 24-hour period, consistent with the rules and regulations of the harvest activity involved.

Subd.27) Dark House/Fish House/Shelter: Shall mean any enclosed shelter placed on the ice of a lake, river,

creek, or stream.

Subd.28) Elder/Senior Citizen: Shall mean any person over the age of 55 years.

Subd.29) Fine Shot: Shall mean ammunition with more than one projectile inside of the shell casing with

projectiles measuring a maximum of .23 inches or 5.84 millimeters. (FF)

Subd.30) Firearm: Shall mean any rifle, handgun or shotgun, with or without ammunition.

Subd.31) Firebreak: Any natural or constructed discontinuity in a fuelbed utilized to segregate, stop and

control the spread of fire or to provide or control line from which to make a stand to suppress a fire.

Subd.32) Firearm Safety Certificate: Shall mean a valid certificate issued by a duly authorized Band or State

program, upon completion of a Firearm Safety class.

Subd.33) Forest: Shall mean a plant association predominantly of trees and other woody vegetation occupying

an extensive area of land.

Subd.34) Forest Land: Shall mean land which is at least ten percent stocked by trees of any size and capable of

producing timber, or of exerting an influence on the climate or on the water regime; land from which the trees

described above have been removed to less than ten percent stocking and which has not been developed for

other use; and afforested areas.

Subd.35) Forest Officer: Shall mean an employee or designee of the White Earth Tribal Forestry Program

designated by the White Earth Reservation Tribal Council.

Subd.36) Forest Products: Shall mean lumber, lath, shingles, crating, ties, bolts, logs, pulpwood, firewood, or

other marketable materials obtained from trees.

Subd.37) Fur Bearing Animals: Shall mean beaver, otter, mink, muskrat, fisher, fox, coyote, lynx, bobcat,

weasel, raccoon, and pine marten.

Subd.38) Game Animals: Shall mean all big game animals, small game animals and waterfowl.

Subd.39) Game Fish: Shall mean all trout, all crappie, large and small mouth bass, muskellunge and

muskellunge hybrid, northern pike, walleye, sauger, sturgeon, and all sunfish.

Subd.40) Genetically Modified Wild Rice: shall include but not limited to the act of taking or adding genetic

materials in a certain combination to change or modify wild rice.

Subd.41) Guardian: Shall mean a legal guardian, or any person 18 years of age or older who is authorized by

the parent or legal guardian to supervise the person under the age of 16 years.

Subd.42) Handicapped/Disabled: Shall mean a person with either a permanent or temporary physical

impairment established by medical evidence proving inability to stand for long periods of time without the aid

of crutches, braces, canes, or oxygen tank to aid in breathing, or the inability to use both arms.

Subd.43) Helmet: Shall mean any DOT approved helmet which conforms to Federal motor vehicle safety

standards and are worn by operators and/or passengers of Off-Highway vehicles or snowmobiles. Standard

bicycle helmets and hockey helmets aren’t legal helmets for riding these motorized vehicles.

Subd.44) Hunting: Shall mean the taking, or attempting to take wildlife by means of a firearm, bow or

crossbow.

Subd.45) Hunting Hours: Shall mean one-half (1/2) hour before sunrise, to one-half (1/2) hour after sunset.

Subd.46) Improved Road: Shall mean any road that has a surface improved by gravel, asphalt or concrete.

Subd.47) Loaded Gun: Shall mean any firearm containing ammunition in the magazine or chamber, except the

muzzleloader, which is considered to be loaded when the percussion cap is in place.

Subd.48) Meat: Shall mean the part of the fish or game animal, which is usually considered and normally

consumed as edible.

Subd.49) Mini-trucks: Shall mean a motorized vehicle not meeting the definition of Class 2 ATV and can’t be

licensed for highway use. For the purposes of this Code, mini-trucks will be considered as implements of

husbandry when used for such purposes as agriculture, leeching, hunting, fishing, trapping, wood gathering and

any other treaty related activity.

Subd.50) Minor: Any person under 18 years of age.

Subd.51) Motor Vehicle: Shall mean, but not limited to, any car, pickup, automobile, truck, motorized boat,

Off Road Recreational Vehicles (ORRV), airplane or any other vehicle that is motorized.

Subd.52) Natural Resources: Shall include all animals, fish, wild rice and such other naturally occurring

animal or plant as is designated by the White Earth Tribal Council and which are accorded some measure of

protection or regulation under the White Earth Conservation Code.

Subd.53) Natural Resources Harvest Permit: Shall mean a card/permit issued by the White Earth Licensing

Department to enrolled members of the Minnesota Chippewa Tribe and all others who have submitted

themselves to the jurisdiction of the White Earth Conservation Code. The permit shall designate the purpose for

which it has been issued, what natural resources, game, fur bearing animals, fish or wild rice are covered

thereby, and the duration of the permit.

Subd.54) Navigational Lights: Lights used for reduced visibility conditions. A 360º white light at the rear of

the vessel and combination or side lights to the front. A red light to the left side of the boat and green light to

the right side of the boat are required of all boats and watercraft. The red and green lights must shine from

straightforward, backwards to the midpoint of the vessel. While a vessel is anchored all that is required is a

360º white light.

Subd.55) Non-Game/Rough Fish: Shall mean all other fish that aren’t bait or game fish.

Subd.56) Non-Toxic Shot: Shall mean steel shot, copper-, nickel-, or zinc-plated steel shot, bismuth tin shot,

tungsten-iron shot, tungsten-nickel-iron shot, tungsten-polymer shot, tungsten-matrix shot, or other shot

approved by the White Earth Tribal Council and/or the U.S. Fish and Wildlife Service.

Subd.57) Off-Highway Motorcycles (OHM): Shall mean motorized off-highway vehicles traveling on two

wheels. OHM’s have a seat or saddle designed to be straddled by the operator and have handlebars for steering

control. Motorcycles may be legal for highway use and still be considered to be an OHM if used for offhighway operation on trails or natural terrain.

Subd.58) Off-Highway Vehicle (OHV): Shall mean All-Terrain vehicles (ATV), Off-Highway motorcycles

(OHM), and Off-Road vehicles (ORV).

Subd.59) Off-Road Vehicles (ORV): Shall mean motorized recreational vehicles capable of cross country

travel on natural terrain, such as four wheel drive trucks. ORV’s under 1500 pounds are registered as Class 2

ATV’s.

Subd.60) Open Fire; Open Burning: Shall mean a fire burning in matter, whether concentrated or dispersed,

which is not contained within a fully enclosed firebox, structure or vehicle and from which the products of

combustion are emitted directly to the open atmosphere without passing through a stack, duct or chimney.

Subd.61) Owner: Shall include the person owning the fee title to any tract of land but does not include an

owner of timber thereon or of minerals or any other thing therein when such ownership is separate from the

ownership of the surface.

Subd.62) Paddy or Cultivated Wild Rice: Product is paddy-grown, mechanically harvested, and of different

character and flavor than naturally-grown and hand-harvested true wild rice and is grown in diked paddies.

Subd.63) Peace Officer: Shall mean any person licensed under Minn. Stat. §626 who is duly authorized and/or

employed by the White Earth Reservation Tribal Council to provide enforcement of tribal laws.

Subd.64) Person: Shall mean any natural person acting either personally or in any representative capacity, a

corporation, a firm, a co-partnership, or an association of any nature or kind.

Subd.65) Personal Flotation Devices (PFD’s or Life jackets/vests):

▪

Type I—Off-shore jacket

o Vest or yoke type device designed to turn most unconscious persons from a face down to a face up

position in the water.

▪

Type II---Near-shore buoyant vest

o Buoyant vest worn like a bib and resembling a horse collar. It has an unconscious turning ability

similar to the Type I, but will not turn as many persons under the same conditions.

▪

Type III---Flotation aid

o These devices are usually foam-filled and come in several colors and styles, including full-sleeved

jackets. These devices are not designed to turn an unconscious person, but they do provide

protection from immersion hypothermia (exposure to cold water).

▪

Type IV---Throwable devices (buoyant cushion, ring buoy or horseshoe buoy)

o These devices are designed to be thrown to a victim in the water rather than worn

▪

Type V---Special use devices

o These are designed and approved for restricted uses such as a sailboarding harness, duck hunting

flotation coveralls, or a white water rafting vest.

Subd.66) Personal Use: Shall mean any use other than Commercial use.

Subd.67) Personal Watercraft: Are motorboats powered by an inboard motor powering a jet pump or by an

outboard or propeller driven motor and is designed to be operated by a person sitting, standing or kneeling on

the craft, rather than in the conventional manner of sitting or standing inside a motorboat. They are sometimes

referred to as a PWC or by brand name such as; Jet-Ski, Waverunner, Sea-Doo, etc.

Subd.68) Pistol bow: Shall mean any device using a bow, which once drawn, is held solely by means other than

the effort of the person releasing. A crossbow is manufactured with a pistol grip and no stock on the device.

Subd.69) Possession: Shall mean the act of having, or taking into control, whether on an individual’s person, or

in his/her vehicle, home, or other structure, or within an area controlled by him/her, or within his/her ability to

control. Said control can either be actual, constructive, singularly, or jointly.

Subd.70) Recreational Fire: Shall mean a fire set for cooking, warming, or ceremonial purposes, which is not

more than three feet in diameter by three feet high, and has had the ground five feet from the base of the fire

cleared of all combustible material.

Subd.71) Registration decal: Shall mean a valid registration decal issued by the White Earth Licensing

Department for the purposes of Off-Highway Vehicles (OHV’s), snowmobiles and boats and watercraft. The

decal shall consist of the White Earth logo, registration number and expiration date.

Subd.72) Reservation: Shall mean the White Earth Reservation as established by an Act of March 19, 1867, 16

Stat. 719, is a government agency incorporated into the Minnesota Chippewa Tribe through the revised

constitution and bylaws enacted pursuant to Section 16 of the Indian Reorganization Act of 1934.

Subd.73) Ricing: Shall mean the taking of, or attempting to take wild rice.

Subd.74) Seal(s)/Tag(s): Shall mean a locking device intended to mark game animals and which is assigned

and distributed by either the White Earth Licensing Department or White Earth Natural Resources Department.

Subd.75) Secure Line: Shall mean the proper anchoring of equipment used for the taking of fish by the means

of a fishing rod holder or other method used for holding such equipment, preventing it from becoming

dislodged and falling into the water.

Subd.76) Slow-no wake speed: Shall mean 5 mph or less.

Subd.77) Small Game Animals: Shall mean rabbits, hares, squirrels, all grouse, pheasant, all partridge, all

doves, woodcock, rail and snipe.

Subd.78) Snow-covered: Shall mean that the ground has a continuous, unbroken cover of snow, to a depth of

three inches or more, surrounding the immediate area of the fire sufficient to keep the fire from spreading.

Subd.79) Snowmobile: Shall mean a self-propelled vehicle designed for travel on snow or ice steered by skis

or runners.

Subd.80) Snowmobile Safety Certificate: Shall mean a valid certificate issued by a duly authorized Band or

State program, upon completion of a Snowmobile Safety class.

Subd.81) Spear: Shall mean a pole tipped with a minimum of 3 barbed tines that are a minimum of 4-1/2 inches

long, with each tine having a barb extending perpendicular which is greater than 1/8 of an inch.

Subd.82) Spear Gun: Shall mean a mechanical weapon capable of releasing a projectile similar to a spear

either through the use of pneumatic (compressed gas), or the use of elastic bands. Spear tips shall be barbed so

the fish can’t escape once they are hit and the tips will be tethered to the gun. Breakaway tips separate from the

shaft to avoid damage to the spear shaft.

Subd.83) Take or Taking: Shall mean the act of harvesting any of the Reservation’s natural resources for any

purpose.

Subd.84) Timber: Shall mean and include trees, saplings, bushes, seedlings, and sprouts from which trees may

grow, of every size, nature, kind and description.

Subd.85) Trapping: Shall mean the taking of furbearers by a trap or snare.

Subd.86) Unattended Line: Shall mean a line used for taking fish that is within 300 feet, but not within sight of

the person that set the line.

Subd.87) Wanton Waste: Shall mean the intentional destruction of, damage to, or discarding of any natural

resource, which is commonly considered consumable, commercial, or saleable as permitted herein.

Subd.88) Watercraft: Shall mean, but not limited to, any flotation vehicle that is powered by a mechanical

engine.

Subd.89) Waterfowl: Shall mean wild ducks, wild geese, coots and mergansers.

Subd.90) White Earth Tribal Council: Shall mean the duly constituted, and properly elected, governing body

of the White Earth Band of Chippewa Indians.

Subd.91) White Earth Tribal Court: Shall mean the Court established by the governing body of the White

Earth Band through the adoption of the White Earth Band of Chippewa Judicial Code on November 3, 1997.

Subd.92) White Earth Tribal Forestry Program (WETFP): Shall mean the agency duly authorized by the

White Earth Reservation Tribal Council having administrative charge and regulatory control of Indian lands,

parks, and timber within the Reservation, and of all records pertaining to the performance of those functions.

The enumeration of specific powers and duties herein shall not limit or exclude other powers or duties.

Subd.93) Wildfire: Shall mean a fire requiring suppression action, burning any forest, brush, grassland,

cropland, or any other vegetative material.

Subd.94) Wildfire Areas: Shall mean any tract or area of 1,000 or more contiguous acres of trees, brush,

grasslands, or other vegetative material where the potential for wildfire exists.

Subd.95) Wild Rice: Shall mean a tall aquatic North American perennial grass (Zizania Aquatica) that yields an

edible grain.

C.C. 102.00 General Provisions and Prohibited Acts

Subd.1) It is deemed a prohibited act, for the purpose of this Code, for any person, political entity, business

entity, or governing body, or any of the aforementioned persons, entities, or bodies, to interfere with the lawful

enforcement of this Code.

Subd.2) It is deemed a prohibited act to flee, attempt to flee, or fail to stop for an Officer when requested by

word, red lights or siren while in the performance of his/her duties.

Subd.3) It is deemed a prohibited act to assault or attempt to assault, or in any manner endanger the health or

safety of an Officer or Natural Resources Department worker engaged in the lawful enforcement of this Code or

in the performance of his/her duties.

Subd.4) It is prohibited to aid, abet, or help any person who is committing or attempting to commit any act

prohibited by this Code. This includes both active and passive acts, and failures to act, which result in a

violation of this Code.

Subd.5) It is a prohibited act to tend, disturb, move, damage, obstruct, or interfere with any equipment, activity

or person of the White Earth Conservation and/or Natural Resources Department in the performance of the

equipments functions or the person’s assigned task or duty.

Subd.6) Seasons, limits, and other regulations will be posted on a yearly basis at the White Earth Licensing

Department.

Subd.7) It is prohibited to take any natural resources outside of established seasons, limits, or regulations, or

without a valid unexpired Tribal Identification Card, Natural Resources Harvest Permit, locking seal/tag, or any

other specially required harvest permit, if applicable, except as otherwise provided by this Code or as

established by the White Earth Tribal Council.

Subd.8) It is prohibited to hinder, resist arrest, or obstruct a Conservation Officer in the performance of his/her

duties.

Subd.9) It is prohibited to falsely impersonate a Conservation Officer.

Subd.10) It is prohibited to discharge a firearm in any manner that is hazardous to human life, health, or

property, or within 500 feet of an inhabited dwelling without permission of the owner, or down, across, or from

any improved road, or within the boundaries of any city, village, or town.

Subd.11) It is prohibited to use the meat of any game animal or game fish for commercial purposes, unless

otherwise permitted under this Code or as authorized by the White Earth Tribal Council.

Subd.12) The White Earth Tribal Council recognizes the special nature of the Tamarac National Wildlife

Refuge, Little Elbow Lake Park, Lower Rice Lake Wildlife Management Area, and other natural resources

management areas and may adopt certain regulations to preserve the special areas.

Subd.13) The White Earth Tribal Council may, at its discretion, issue special harvest permits to accommodate

handicapped persons, special events, ceremonies, or other community occasions.

Subd.14) It is prohibited to use walkie talkies, cell phones, or other radio equipment to take big game or small

game.

Subd.15) Committing perjury to prevent lawful enforcement of this code, either for the benefit of you or another

person, is strictly prohibited.

Subd.16) Giving false information to a law enforcement officer is prohibited.

Subd.17) Violation of this ordinance may result in a fine, reimbursement of costs incurred, and/or revocation of

Natural Resources Harvest Permit, other Tribal licensing, and/or other Tribal privileges.

C.C. 103.00 Transport Permits

Subd.1) All big game seals/tags are authorized Transport Permits.

Subd.2) All valid Natural Resource Harvest Permits are authorized Transport Permits.

Subd.3) All Commercial Permittees must obtain a Transport Permit from the White Earth Natural Resources

Department, except for leeching, see Subd.7), C.C. 1002.02 Leeching Rules and Regulations.

Subd.4) Transportation of animals into reservation. Wild animals lawfully taken, bought, sold, or possessed

outside the reservation may be bought or shipped into the reservation unless otherwise provided by law.

C.C. 200.00 Fishing Provisions

C.C. 201.00 Fishing Permits

Subd.1) All persons 16 years of age or older who take fish must have in his/her possession and on his/her

person, a valid unexpired Tribal Identification Card, and a valid Natural Resources Harvest Permit, current for

the year and hasn’t been revoked.

Subd.2) The authority to take fish under the Natural Resources Harvest Permit is non-transferable.

C.C. 202.00 Fishing Rules and Regulations

Subd.1) Fish may be taken by angling within seasons and limits as set forth by the White Earth Tribal Council.

Subd.2) Spearing and archery may be used to take fish within seasons and limits as set forth by the White Earth

Tribal Council.

Subd.3) Fish may be taken by netting within seasons and limits as set forth by the White Earth Tribal Council,

under C.C. 206.00 Netting.

Subd.4) It is prohibited to use carp, goldfish, smelt, alewife, crayfish, or bullheads as live bait for either game,

or non-game/rough fish.

Subd.5) It is prohibited to sell either game, or bait fish, except as provided under C.C. 1001.00 Commercial

Fishing Provisions.

Subd.6) Non-game/rough fish, and turtles taken under the authority of a Natural Resources Harvest Permit may

be used for commercial purposes.

Subd.7) It is prohibited to transport, or possess fish taken in violation of this Code.

Subd.8) It is prohibited to stock, or place into any waters, any fish without a Stocking Permit issued by the

White Earth Natural Resources Department.

Subd.9) It is prohibited to take the spawn of game fish, or non-game/rough fish for the purpose of culture, or

propagation under the authority of the Natural Resources Harvest Permit.

Subd.10) Except as otherwise specifically permitted, and during the seasons established by the White Earth

Tribal Council, it is prohibited for anyone to have in his/her possession, in any motor vehicle, or on his/her

person, at or near waters, a spear, spear gun, bow, net, or any device, or substance capable of taking fish.

Subd.11) It is prohibited to cast the rays of an artificial light on any lake, creek, stream, or river for the purpose

of locating, taking, attempting to take fish while in the possession of a spear, spear gun, firearm, crossbow, or

bow, except within the seasons and limits as established by the White Earth Tribal Council.

Subd.12) Wanton waste of fish and other aquatic life is prohibited.

Subd.13) The White Earth Natural Resources Department may open, or close any body of water, to any method

of taking fish, if the fish are in imminent danger of death, or if the fish population is in danger of over harvest.

Subd.14) Firearms, explosives, poison, or any electric shock equipment shall not be used for the harvest of fish

at any time.

C.C. 203.00 Angling

C.C. 203.01 Open Water

Subd.1) Each unattended line must have the owner’s full name and Tribal Identification Number clearly marked

on the equipment being used.

Subd.2) Each unattended line shall be securely anchored, so as not to be dislodged by a hooked fish.

Subd.3) Unattended lines shall be within 300 feet of the owner at all times.

C.C. 203.02 Angling/Ice

Subd.1) It is prohibited to leave unattended line over night.

Subd.2) Each unattended line shall be securely anchored, so as not be dislodged by a hooked fish.

Subd.3) Any unattended line or equipment not within 500 feet of its owner will be confiscated.

Subd.4) Holes used for angling through the ice shall not exceed 12 inches in diameter.

C.C. 204.00 Spearing/Bow Fishing

C.C. 204.01 Spearing/Bow Fishing Non-Game/Rough Fish/Open Water

Subd.1) Non-game/rough fish may be taken by spearing/bow fishing within seasons, limits and methods as set

forth by the White Earth Tribal Council.

Subd.2) The use of artificial lights while spearing/bow fishing non-game/rough fish is permitted within seasons

and limits as set forth by the White Earth Tribal Council.

Subd.3) Fish shall not be taken with a spear that does not meet the requirements of Subd.81), C.C. 101.00

Definitions.

Subd.4) Fish shall not be taken with a spear gun that does not meet the requirements of Subd.82), C.C. 101.00

Definitions.

Subd.5) Fish shall not be taken by archery unless such equipment meets the requirements of Subd.15), C.C.

101.00 Definitions.

Subd.6) Spearing of game fish is prohibited during this season.

C.C. 204.02 Dark House Spearing/Bow Fishing/Ice

Subd.1) Game fish, non-game/rough fish may be taken with a spear, while dark house, fish house, or shelter

spearing within the seasons and limits as set forth by the White Earth Tribal Council.

Subd.2) Spearing holes shall not exceed 24 inches by 36 inches.

Subd.3) When the dark house, fish house, or shelter is moved, open spearing holes shall be clearly marked by a

natural object such as a tree branch, at least one foot above the snow line, in order to be seen by other

fishermen, or vehicular traffic.

Subd.4) When the dark house, fish house, or shelter is moved, ice blocks from the spearing holes shall either be

broken into small pieces, pushed back into the open holes, or clearly marked with a natural object such as a tree

branch, at least one foot above the top of the block(s), in order to be seen by other fishermen or vehicular traffic.

Subd.5) Fish shall not be taken with a spear that does not meet the requirements of Subd.81), C.C. 101.00

Definitions.

Subd.6) Fish shall not be taken with a spear gun that does not meet the requirements of Subd.82), C.C. 101.00

Definitions.

Subd.7) Spearing/bow fishing outside of a shelter or on the open ice is prohibited.

C.C. 205.00 Dark House/Fish House and Portable Shelters

Subd.1) Each dark house, fish house, or portable shelter must have attached to the door side of the structure, the

owner’s full name and city of residence plainly marked with letters and numbers at least 2 inches in height.

Subd.2) Dark houses, fish houses, and portable shelters left on the ice overnight must have at least 2 square

inches of reflective material on each side of the structure.

Subd.3) Unoccupied dark houses, fish houses, portable shelters, or portions thereof, shall not be on any body of

water between March 15, and ice breakup of each year.

Subd.4) Dark houses, fish houses, and portable shelters shall not be erected within 10 feet of another existing

structure.

C.C. 206.00 Netting

Subd.1) Nets shall not be placed within 50 feet of a previously set net of another permittee.

Subd.2) Nets shall not be placed in, or within 300 feet of a river, channel, stream, inlet, or outlet of a lake.

Subd.3) Nets set in Reservation lakes must be checked at least once every 48 hours.

Subd.4) It is prohibited to tend, disturb, move, damage, obstruct, or interfere with any nets of any permittee,

unless that permittee is present.

C.C. 300.00 Hunting Provisions

C.C. 301.00 Hunting Permits

Subd.1) All persons 12 years of age or older who take game animals must have in his/her possession, and on

his/her person, a valid unexpired Tribal Identification Card, and a valid Natural Resources Harvest Permit.

Subd.2) All persons under 12 years of age aren’t required to have a Tribal ID card and/or Natural Resources

Harvest Permit to participate in a hunting activity, but must be within arm’s reach of a properly licensed parent

and/or guardian while learning the harvesting activity.

Subd.3) In addition to the requirements set in Subdivision 1, any person under 16 shall have in his/her

possession, and on his/her person, a valid Firearms Safety Certificate issued either by the State or a duly

authorized Band official.

Subd.4) Any person under the age of 14 years that has met the requirements of Subdivisions 1, and 2, must be

accompanied by a parent and/or guardian that has met the requirements of Subdivision 1, and shall be

responsible and liable for the actions of that minor.

Subd.5) Any person exercising their Handicapped Hunting privileges must have in his/her possession and on

his/her person, a signed Doctor’s statement or a Permanent Handicapped Parking Permit clarifying either a

temporary or permanent disability, a valid unexpired Tribal Identification Card, and a valid Natural Resources

Harvest Permit, which is stamped ‘HANDICAPPED’ by the White Earth Licensing Department.

C.C. 302.00 Hunting Rules and Regulations

Subd.1) A locking seal(s)/tag(s) provided by the White Earth Licensing Department must be attached and

locked onto any big game animal prior to the animal being moved by a motorized vehicle, or upon arrival at a

dwelling or campsite. The tag must be attached such that the tag cannot be removed or reused.

Subd.2) It is prohibited to take big game animals with the aid of dogs or horses.

Subd.3) During the modern firearms season, both small and big game hunters must wear a vest style article of

clothing with a minimum of 300 square inches of blaze orange material.

Subd.4) It is prohibited to intentionally chase, drive, or run over any animal with a motor vehicle.

Subd.5) Game animals may be hunted during legal hunting hours only, which are one-half (1/2) hour before

sunrise to one-half (1/2) hour after sunset.

Subd.6) It is prohibited to sell the meat from any game animal. The hide, head, antlers, hooves, feet, claws, or

teeth of any game animal legally taken and/or registered pursuant to this Code, may be sold.

Subd.7) No person may take ducks, geese, mergansers, coots, or moorhens with lead shot or while having lead

shot in possession. Lead shot may be used for hunting other small game in accordance with firearms

restrictions.

Subd.8) Use or possession of lead shot while hunting in designated areas of Federal Wildlife Refuges,

Waterfowl Production Areas (WPA’s), Lower Rice Lake Management Area, Wildlife Management Areas

(WMA’s) and Scientific and Natural Areas (SNA’s) is strictly prohibited.

Subd.9) It is prohibited to use bait or other food transported and placed for the purpose of attracting or enticing

deer. Liquid scents, salt and minerals are not considered bait.

Subd.10) A person in the vicinity of a motor vehicle may not shoot a firearm or an arrow from a bow/crossbow

unless that person is at least 15 feet from the vehicle and the vehicle engine is shut off.

Subd.11) A person may not prevent or disrupt another person from lawfully taking or preparing to take a wild

animal, either by disturbing or interfering with the person hunting or by disturbing the wild animal.

Subd.12) Placing bait for the purpose of preventing a person from lawfully hunting a wild animal would be

considered unlawful.

Subd.13) A person may not possess any kind of night vision equipment while taking or attempting to take a

wild animal or while possessing a firearm, bow, crossbow or other implement that could be used to take wild

animals.

Subd.14) A person transporting a firearm, bow or crossbow in or on a motor vehicle, after or before legal

hunting hours, must have the firearm, bow or crossbow, unloaded or unstrung and fully cased in the trunk or

rearmost portion of the vehicle.

Subd.15) A person or hunting party is prohibited from hunting within 500 feet of an inhabited dwelling without

permission of the owner.

Subd.16) It is prohibited to use walkie talkies, cell phones, or other radio equipment to take big game or small

game.

C.C. 302.01 Handicapped Hunting Rules and Regulations

Subd.1) Firearm/Bow/Crossbow may only be loaded/strung/cocked while the vehicle is stationary, without the

engine running, and the keys removed from the ignition.

Subd.2) Firearm/Bow/Crossbow must not be loaded/strung/cocked during transition from one place to another.

Subd.3) Each handicapped person may be accompanied by an able-bodied person who has in his/her possession,

and on his/her person, a valid unexpired Tribal Identification Card.

Subd.4) No more than 2 persons are allowed inside the stationary vehicle while a person is exercising his/her

Handicapped Hunting privileges.

Subd.5) The able-bodied person is to assist only in the loading/unloading of the game animals.

Subd.6) Crossbows may only be used for big game hunting, providing that the regulations in Subds. 3 & 4, C.C.

304.00 Firearm/Bow/Crossbow Regulations are met.

Subd.7) The Handicapped Hunting Rules and Regulations listed herein will be followed along with all other

hunting rules and regulations listed in this Conservation Code.

C.C. 303.00 Hunting Seasons

Subd.1) It is prohibited to take game animals by any means except by hunting within seasons and limits as

established by the White Earth Reservation Tribal Council.

Subd.2) Furbearers may be taken by hunting within seasons and limits as established by the White Earth

Reservation Tribal Council. See Subd.6), C.C. 102.00 General Provisions and Prohibited Acts

C.C. 303.01 Wolf Hunting and Trapping Prohibited

Absolutely no hunting or trapping of wolves by Indians or non-Indians is permitted on any lands within

the exterior boundaries of the White Earth Reservation.

By formal action on August 20, 2012, the governing body of the White Earth Band declared all territory

within the exterior boundaries of the White Earth Reservation a Ma’iingan or Wolf Sanctuary. No hunting or

trapping of Ma”iingan shall be allowed within the original 1867 exterior boundaries of the White Earth

Reservation.

C.C. 304.00 Firearms/Bow/Crossbow Regulations

Subd.1) A person may take big game animals with a firearm only if the rifle, shotgun or handgun used is at least

.220 calibers and with center-fire ignition.

Subd.2) It is prohibited to take big game animals with rimfire ammunition including .22 caliber short, long, long

rifle, or .22 magnum, or with a shotgun using fine shot ammunition, or with a muzzle loading musket of less

than .40 caliber.

Subd.3) Crossbow and Bow hunting for big game shall be permissible provided that the provisions addressing

such equipment and other conditions of this Code are complied with. Bows/Crossbows must have a pull of no

less than 30 pounds at or before full draw for any big game animal.

Subd.4) Arrow heads for big game hunting must be made of an all steel barbless design, and should be kept

sharp, with at least 2 cutting edges, with a diameter of at least 7/8 of an inch.

Subd.5) Waterfowl may be taken with a shotgun only, which is no larger than 10 gauge in size, using fine shot

ammunition of any size, which does not contain lead.

Subd.6) Small game and furbearers (with the exception of fox and coyote) may be taken with either a shotgun

which has fine shot ammunition; a rifle or handgun that is smaller than .220 caliber center-fire ammunition.

Fox and coyote maybe taken with any firearm and ammunition as deemed legal within this document.

Subd.7) Persons age 18 or older may carry a handgun in the woods and fields or upon waters to hunt or target

shoot.

Subd.8) It is prohibited for a persons under age 18 to carry a handgun for hunting unless they are in the actual

presence or under the direct supervision of the person’s parent or guardian, and if they meet firearms safety

requirements.

Subd.9) A person may not possess a firearm while bow hunting for deer. A person may take bear, elk and

moose by archery while in possession of a firearm.

C.C. 304.01 Concealed Carry and/or Permit to Carry

Subd.1) Persons with a valid Concealed Carry Permit and/or Permit to Carry may generally carry their

handguns uncased and loaded while hunting or trapping, or while traveling to and from hunting and trapping

locations.

Subd.2) Concealed Carry Permits and/or Permits to Carry must be on his/her person and in his/her possession

while carrying a handgun.

Subd.3) It is prohibited for anyone to possess a handgun while using an artificial light or while hunting deer by

archery, unless allowed by regulation or permit.

C.C. 305.00 Artificial Lighting

Subd.1) It is prohibited to cast the rays of a spotlight, headlight, or other artificial light onto a highway or into a

field, woodland, forest, river creek, or stream for the taking of any game animal, including furbearers while in

the possession of a firearm, bow, or crossbow. Exceptions to this rule are:

a) A firearm that is unloaded, cased, and in the trunk of a motor vehicle. If the vehicle doesn’t have a trunk,

the firearm must be in the rearmost portion of the vehicle.

b) A bow or crossbow that is unstrung, cased, and in the trunk of a motor vehicle. If the vehicle doesn’t

have a trunk, the bow or crossbow must be in the rearmost portion of the vehicle.

c) A person is permitted to possess an artificial light to aid in the taking of raccoons that have been treed,

while the hunter is on foot, and is in possession of a firearm not larger than .22 calibers, or a shotgun

with shot ammunition.

d) Bows/arrows, spears and spear guns may be used with artificial lights for fishing or spearing, during the

fishing and spearing seasons and limits, as set forth by the White Earth Tribal Council.

e) Artificial lighting may be used during Non-game/Rough fish spearing seasons and limits as set forth by

the White Earth Tribal Council.

f) Lights may be used while doing any agricultural, occupational, or recreational activity, including

snowmobiling, not related to spotting, locating, or taking any game animals.

g) Artificial lighting may be used for the control of nuisance beavers as permitted by the White Earth

Natural Resources Department.

Subd.2) With or without a firearm, bow or crossbow, no person shall cast the rays of a spotlight, headlight, or

other artificial light into a field, woodland, or forest to spot, locate, or take any game animals between the hours

of 10:00 p.m. and 6:00 a.m. from September 1 to December 31.

Subd.3) With or without a firearm, bow or crossbow, between the hours of 6:00 p.m. and 6:00 a.m., a person

may not project a spotlight or hand-held light from a motor vehicle except for the following purposes:

a) Safety

b) Emergency response

c) Normal vehicle operations

d) Performing an occupational duty

Subd.4) With or without a firearm, bow or crossbow, between one half hour after sunset until sunrise, a person

may not cast the rays of a spotlight, headlight, or other artificial light to spot, locate, or take game animals on

fenced agricultural land containing livestock or poultry that is marked with signs prohibiting the shining of

lights. Signs will meet the following criteria:

a) Reflectorized lettering at least 2 inches in height

b) Display “No shining” or similar terms

c) Placed at intervals of 1000 feet or less along the boundary of the area

C.C. 306.00 Party Hunting

Subd.1) Deer may be taken for any enrolled member of the White Earth Band, even those who are not present

and who have given his/her valid Natural Resources Harvest Permit, and deer tag(s)/seal(s), to another enrolled

White Earth member who is doing the hunting for them.

Subd.2) Deer and/or small game may be taken for another person in the hunting party provided that the 2 or

more persons are hunting together, and each person has a valid unexpired Tribal Identification Card, a Natural

Resources Harvest Permit, and tag(s)/seal(s), if applicable. The combined limit of animals taken shall not

exceed the number of persons in the party.

C.C. 307.00 Motor Vehicles

Subd.1) It is prohibited to carry or possess a loaded firearm, strung bow, or crossbow in a motor vehicle.

Subd.2) It is prohibited to carry or possess an uncased firearm, bow, or crossbow in a motor vehicle after or

before legal hunting hours.

Subd.3) It is prohibited to take, attempt to take, or pursue game animals or furbearers from a motor vehicle,

except that waterfowl may be taken from a motorized boat with the engine raised and shut off.

C.C. 308.00 Elevated Stands

Subd.1) No person may take deer from a constructed platform (floor) or other structure that is higher than 16

feet. This restriction does not apply to a portable stand that is chained, belted, clamped, or tied with a rope.

Subd.2) In special areas, this includes: Lower Rice Lake Wildlife Management Area, Scientific and Natural

Areas, Wildlife Management areas, Waterfowl Production Areas, State Parks, and State Forests.

a) Only portable stands may be used.

b) Stands must not be left over night.

c) Any unoccupied, permanent or portable stand or blind left on public or Tribal land is open for public

use and is not the property of the person who constructed or placed the stand.

d) Any use of threat or force against another person to gain possession of a stand is unlawful.

e) All stands must be removed within three days after close of hunting season.

C.C. 309.00 Bear

Subd.1) It is prohibited to bait or hunt for bear prior to the dates set by the White Earth Tribal Council.

Subd.2) Bear may only be baited with biodegradable products including, but not limited to, pastries, rolls,

breads, meats oils, scents, bones, and similar items. All baits shall be placed in a pollution free, and nuisance

free manner.

Subd.3) It is prohibited to take bear cubs or a female bear accompanied by her cubs.

Subd.4) Bear baiting and hunting, is not allowed within 500 feet of a dwelling without the permission of the

landowner or occupant.

Subd.5) All bait stations shall be legibly marked on a 6” x 10” sign with the owner’s name, address, Tribal

Enrollment number, and telephone number. Signs must be within 10 feet of the bait, and 6 to 10 feet above the

ground.

Subd.6) All bait material and signs must be properly disposed of within 48 hours of the last day of the season.

Subd.7) Any bear taken must be registered with the White Earth Conservation Department within 24 hours of

the kill. A possession tag will be issued upon registration.

Subd.8) Seasons and limits will be posted upon approval from the White Earth Tribal Council.

Subd.9) Tamarac National Wildlife Refuge is closed to bear baiting/hunting.

C.C. 310.00 Migratory Game Bird Hunting Provisions

C.C. 310.01 Rules and Regulations

Subd.1) Scope of Regulation - The regulations contained in this part relate only to the hunting of migratory

game birds.

Subd.2) Implementation of 50 CFR 10 & 50 CFR 20 - This section implements the Migratory Bird Treaty Act

(16 U.S. §703-712), 50 CFR 10, listed for the protection of migratory game birds, migratory insectivorous birds

and other migratory non-game birds & 50 CFR 20 Migratory Bird Hunting Provisions. (Copy may be obtained

from White Earth Reservation Natural Resources Department).

Subd.3) Reference to White Earth Conservation Code, Hunting Provisions - This section implements White

Earth Conservation Code, C.C. 300.00, Hunting Provisions.

Subd.4) Closed Seasons - No person may take migratory game birds during the closed season.

Subd.5) Shooting Hours - Migratory game birds may be taken during open season one-half hour before sunrise

to one-half hour after sunset.

Subd.6) Wanton Waste of Migratory Game Birds - No person may take or attempt to take any migratory game

bird under this part without making a reasonable effort to retrieve the bird, and retain it in his or her actual field

possession limit.

Subd.7) Field Possession Limit - No person may possess, have in custody, or transport more than the daily limit

of migratory game birds, at or between the place where taken and:

a) His or her automobile or principal means of land transportation; or

b) His or her personal abode or temporary or transient place of lodging; or

c) A migratory bird preservation facility; or

d) A post office; or

e) A common carrier facility.

Subd.8) Possession of Live Birds - Every migratory game bird wounded and reduced to possession by the

hunter must be immediately killed and become a part of the daily bag limit. No person may at any time, or by

any means, possess or transport live migratory game birds taken under authority of this part.

Subd.9) Transportation of Birds of Another - No person may transport migratory game birds belonging to

another person.

Subd.10) Species Identification Requirement - No person may transport within the United States any migratory

game birds, except doves and band-tailed pigeons (Columba fasciata), unless the head and/or one fullyfeathered 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.

C.C. 310.02 Definitions

For the purpose of this part, the following terms will be construed, respectively, to mean and to include:

a) Closed Season: Means the days on which migratory game birds cannot be taken.

b) Commercial Use: Means the taking or selling for barter, sale or exchange for consideration.

c) Daily Bag Limit: Means the maximum number of migratory game birds permitted to be taken by one

person in any day one day during the open season.

d) Falconry: Means the art of using birds of prey to hunt wild game.

e) Firearm: Means any crossbow, rifle, handgun or shotgun, with or without ammunition.

f) Hunting: Means the taking or attempting to take migratory game birds by means of a firearm or bow.

g) Migratory Bird Preservation Facility: Means:

1) Any person, who, at his or her residence or place of business and for hire or other

consideration; or

2) Any taxidermist, cold-storage facility or locker plant which, for hire or other consideration; or

3) 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, storage or shipment.

h) Migratory Game Birds: Means those migratory birds included in the terms of conventions between

the United States and any foreign country for the protection of migratory birds, for which open seasons

are prescribed in this part and belong to the following families:

1) Anatidae (ducks, geese, brant and swans);

2) Columbidae (doves and pigeons);

3) Gruidae (little brown cranes);

4) Rallidae (rails, coots, and gallinules); and

5) Scolopacidae (woodcock and snipe).

i) Motor Vehicle: Shall mean, but not limited to, any car, pickup, automobile, truck, motorized boat,

Off-Highway Vehicles (OHV), airplane or any other vehicle that is motorized.

j) Natural Resources: Shall include all animals, fish, wild rice and such other naturally occurring animal

or plant as is designated by the White Earth Tribal Council and which are accorded some measure of

protection or regulation under the White Earth Conservation Code.

k) Nontoxic Shot: Any shot type that does not cause sickness and death when ingested by migratory

birds as determined by established under 50 CFR 20 § 20.134. Only steel shot, bismuth-tin shot,

tungsten-polymer shot, tungsten matrix shots, tungsten-iron shot, tin or copper-, nickel- or zinc-plated

steel shot (or other nontoxic shot approved by the director of the U.S. Fish & Wildlife Service).

l) Nontoxic Shot Zone: All water areas within the boundaries of the White Earth Reservation are

considered nontoxic shot zones for waterfowl hunting. All lands within WPA, WMA, SNA, and Lower

Rice Lake Management Area.

m) Open Season: Means the days on which migratory birds may lawfully be taken. Each period

prescribed as an open season will be construed to include the first and last days thereof.

n) Personal Use: Means any use other than commercial use.

o) Possession: Means the act of having or taking into control, whether on an individual’s person or in

his or her vehicle, home or other structure, or within an area controlled by him or her or within his or her

ability to control. Said control can either be actual, constructive, singularly or jointly.

p) Raptor: Means a live bird of the families Falconidae, Accipitridae, Tytonidae and Strigidae.

q) Taking: Means the act of pursuing, hunting, shooting, wounding, killing, trapping, capturing, or

collecting, or attempting to pursue, hunt, shoot, would, kill, trap, capture, or collect any of the White

Earth Reservation’s natural resources for any purpose.

r) Wanton Waste: Shall mean the intentional destruction of, damage to, or discarding of any natural

resource, which is commonly considered consumable, commercial, or saleable as permitted herein.

s) Waterfowl: Means Anatidae (ducks, merganser, geese [including brant], and coots (Full Americana).

t) White Earth Reservation: Means the White Earth Reservation, as established by an Act of March 19,

1867, 16 State. 719, is a government agency incorporated into the Minnesota Chippewa Tribe under

Federal Charter pursuant to the Indian Reorganization Act of 1934.

u) White Earth Reservation Natural Resources Department: Means the tribal governmental agency duly

authorized by the White Earth Reservation Tribal Council having administrative charge and regulatory

control over all natural resources within the White Earth Reservation. The enumeration of specific

powers and duties herein will not limit or exclude other powers or duties.

v) White Earth Reservation Conservation Department: Means the tribal government agency duly

authorized by the White Earth Reservation Tribal Council having enforcement authority of the White

Earth Conservation Code through enactment 25 CFR and or Minnesota Statute § 626 and any other

code, law, or ordinance having the effect on the natural resources within the White Earth Reservation.

The enumeration of specific powers and duties herein will not limit or exclude other powers or duties.

w) White Earth Reservation Tribal Council: Means the duly constituted and properly elected governing

body of the White Earth Ojibwe Nation.

C.C. 310.03 Firearm Regulations

Subd.1) Waterfowl may only be taken by a shotgun not larger than 10 gauge in size using fine shot ammunition

of any size which does not contain lead and is nontoxic as defined in Section 4(k) above.

Subd.2) Migratory birds may not be taken with a shotgun of any description capable of holding more than five

shells, unless it is plugged with one-piece filler, incapable of removal without disassembling the gun, so its total

capacity does not exceed five shells.

C.C. 310.04 Hunting Methods

Subd.1) Migratory birds on which open seasons are prescribed in this part may be taken by any method except

those prohibited in this section. No person may take migratory 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 sink box 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 means, aid, or use of any motor vehicle, motor-driven land conveyance, or aircraft of any

kind, except that paraplegics and persons missing one 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 there from 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 means or aid of any motor-driven land, water, or air conveyance, or any sailboat used for the

purpose of resulting in the concentrating, driving, rallying, or stirring up of any migratory bird;

f) By the use of aid or live birds as decoys; although not limited to, it will be a violation of this

paragraph 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 ten (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;

g) 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;

h) By the aid of baiting, or on or over any baited area. As used in this paragraph, “baiting” will mean

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 area” means any area where

shelled, shucked, or unshucked corn, 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;

i) While possessing shot (either in shotshells or as loose shot for muzzleloading) other than nontoxic

shot as described in Section 4(k) above. Provided that:

1) This restriction applies only to the taking of Anatidae (ducks, merganser, geese [including

brant], and coots (Fulica Americana).

2) Nontoxic shot is required for the purpose of hunting or taking waterfowl with a muzzleloader

(loose shot).

C.C. 311.00 Trapping Provisions

C.C. 311.01 Trapping Permit

Subd.1) All persons 12 years of age or older who take furbearers must have in his/her possession, and on his/her

person a valid unexpired Tribal Identification Card, and a valid Natural Resources Harvest Permit.

Subd.2) It is prohibited for any person under the age of 12 years to carry a firearm while trapping.

Subd.3) Any person under 18 years of age who takes furbearers while in possession of a firearm shall have in

his/her possession and on his/her person a valid Firearm’s Safety Certificate issued by either the State or a duly

authorized Band.

C.C. 311.02 Trapping Rules and Regulations

Subd.1) It is prohibited to take or trap fur bearing animals outside of established seasons, methods, or over

established limit, as set by the White Earth Tribal Council.

Subd.2) Each permittee must obtain a locking seal/tag from the White Earth Natural Resources Department for

each pelt or hide of a designated species. This seal/tag must be affixed to the hide or pelt through an eye or

some other manner as described by the Natural Resources Department.

Subd.3) Pelts of fur bearing animals must be registered with the White Earth Natural Resources Department if

possessed more than five (5) days after the close of the respective season.

Subd.4) Wanton waste of fur bearing animals is prohibited. All traps must be tended at least once every 72

hours.

Subd.5) It is prohibited to tend the traps of any permitted trapper other than those for which the person has

written permission. If a person obtains written permission to tend another’s traps, he/she must possess the valid

unexpired Tribal Identification Cards, and valid Natural Resources Harvest Permits of the original trapper and

the tender as well as a written permission slip from the owner of the traps.

Subd.6) All traps and snares must be clearly marked with the owner’s identification tag number.

Subd.7) When trapping by snare, the top of the snare must be firmly located no higher than 16 inches from the

top of the ground, or firmly compacted snow. Such snare may not be more than 10 inches in diameter.

Subd.8) It is prohibited to set, place, or operate body gripping or conibear type traps that have a maximum jaw

opening, when set, of greater than 7-1/2 inches, excepting when the trap is at least half submerged in a lake,

river, creek, or pond.

Subd.9) All traps shall be concealed to prevent trapping protected animals such as, eagles, owls, etc. Any

protected animal, or threatened/endangered species accidentally caught in the trap must be turned over to the

White Earth Conservation Department immediately.

Subd.10) Trapping permits on the Tamarac National Wildlife Refuge are restricted to enrolled members of the

White Earth Band of Chippewa Indians who are at least 16 years of age.

Subd.11) The use of dogs while bobcat hunting will be permitted while the hunter is on foot and in the

possession of a rifle or hand gun meeting the requirements of C.C. 304.00 Firearms/Bow/Crossbow

Regulations or shotguns with shot ammunition.

Subd.12) Rules and regulations noted in C.C. 304.01 Concealed Carry and/or Permits to Carry will be

followed.

C.C. 400.00 Wild Rice Provisions

C.C. 401.00 Wild Rice Permits

Subd.1) All persons 16 years of age or older who take wild rice must have in his/her possession and on his/her

person, a valid unexpired Tribal Identification Card, a valid Natural Resources Harvest Permit, and follow

seasons, rules, and regulations under this Code.

C.C. 402.00 Wild Rice Rules and Regulations

Subd.1) It is prohibited to take wild rice by any means except with:

a) A hand flail no longer than 30 inches and weight no more than one pound;

b) A canoe no more than 18 feet in length and less than 42” inches in width;

c) A push pole that has forks 12 inches or less;

d) Or on foot;

within seasons, hours, and methods as established by the White Earth Tribal Council or the Director of Natural

Resources.

Subd.2) It is prohibited for anyone, except enrolled White Earth Band members, to harvest wild rice on Lower

Rice Lake in Clearwater County.

Subd.3) It is prohibited to wantonly waste or destroy wild rice. Overabundance of wild rice plant stalks and/or

heads in the gathering process will be considered destruction of the plant.

Subd.4) To destroy aquatic life is prohibited. Overabundance of wild rice plant stalks and/or heads in the

gathering process will be considered destruction of the plant

Subd.5) The possession, use and transportation of firearms will be in accordance with applicable Federal, State

and Reservation regulations.

Subd.6) All landing areas shall be kept neat and orderly. No littering.

Subd.7) Disturbance of peace or any other disorderly conduct is prohibited.

Subd.8) It is prohibited to take wild rice by mechanical means within the exterior boundaries of the White Earth

Indian Reservation.

Subd.9) The harvesting of unripe, green wild rice is strictly prohibited.

Subd.10) Testing any body of water for the ripeness of the wild rice crop before the season has been

established, will be done with permission from the White Earth Director of Natural Resources.

Subd.11) While testing, any boat with more than 20 pounds of wild rice in it is prohibited and will be

considered harvesting green rice and/or harvesting ripe rice out of season.

Subd.12) It is prohibited to own and/or operate a Commercial Paddy Rice operation within the White Earth

Reservation boundaries.

C.C. 403.00 Genetically Modified Wild Rice

Subd.1) It is prohibited to own or operate a genetically modified wild rice facility without prior approval from

the White Earth Reservation Tribal Council.

Subd.2) It is prohibited to introduce, grow, or plant any type of genetically modified wild rice on land or water

within the exterior boundaries of the White Earth Indian Reservation. See Subd.40), C.C. 101 Definitions

C.C. 500. 00 Tamarac National Wildlife Refuge Ordinance

General Provisions

C.C. § 500.01 Short Title

This Section of the White Earth Conservation Code (W.E.C.C.) shall be entitled “Tamarac National Wildlife

Refuge Ordinance,” and may be abbreviated as the W.E.C.C. Tamarac Refuge Ordinance.

C.C. § 500.02 Repeal and Replace

1. This ordinance replaces and repeals the former White Earth Conservation Code Chapter 500 titled the

Tamarac National Wildlife Refuge Provisions with this new Chapter 500 Tamarac National Wildlife

Refuge Ordinance.

2. Enactment of this Ordinance does not void any prior Court order made in reliance on the former

version(s) of the Code.

C.C. § 500.03 Conflict with other Tribal Laws

If any provisions of the W.E.C.C. Tamarac Refuge Ordinance conflict with other provisions in the laws of the

White Earth Band of Ojibwe, the provisions of this Ordinance shall supersede such other provisions with the

exception of the White Earth Judicial Code.

C.C. § 500.04 Declaration of Policy

1. White Earth Tribal Council, also known as the Reservation Business Committee (RBC), recognizes the

special and unique nature of the Tamarac National Wildlife Refuge (herein Refuge), and that the Refuge

has certain protections under Federal law.

2. White Earth RBC enacted this ordinance for the preservation and protection of tribal members’ inherent

and retained rights within the Refuge, and for the protection and enhancement of the Refuge’s natural

resources for future generations by establishing standards and regulations for permitting Band member

activities within the entirety of the Refuge which allow maximum usage while maintaining populations

at a level of regeneration.

3. The Seven Ojibwe principles that guide decisions pursuant to this Ordinance are:

a. Gwayakwaadiziwin, honesty;

b. Zaagi’idiwin, compassionate love;

c. Aakode’ewin, courage;

d. Debwewin, truth;

e. Nibwaakaawin, wisdom;

f. Dabaadendiziwin, humility;

g. Minaadendamowin, respect.

C.C. § 500.05 Purpose of the Ordinance

1. The purpose of this Ordinance is to establish standards and a process for permitting:

a. White Earth Band members’ rights to various activities within the Refuge including ceremonies,

leeching, turtling, minnowing, furbearer trapping, gathering, ricing, and wood cutting activities,

and

b. permitting research activities within the entirety of the Refuge for any research that uses material

the Tribe has a claim of ownership to, pursuant to White Earth Nation’s Research Code enacted

by Resolution No. 001-17-008.

C.C. § 500.06 Applicability and Scope

1. The Ordinance shall apply to all permitted activities conducted by White Earth Band members within

the Refuge contained within this Ordinance.

2. The White Earth RBC recognizes the unique nature of law enforcement and natural resource

management responsibilities that White Earth Department of Natural Resources (herein WEDNR) is

tasked with. The WEDNR has a duty to protect and manage natural resources of the Reservation as well

as Band members’ rights to access resources within the entirety of the Refuge such that WEDNR is

authorized to issue permits under this Ordinance, implement, and enforce provisions of this Ordinance

subject to the direction and oversight of the White Earth RBC.

C.C. § 500.07 Authority and Sovereign Immunity

1. White Earth Reservation Tribal Council, as the duly elected governing body of the White Earth Band of

Ojibwe enacts this Ordinance pursuant to inherent sovereign authority and in accordance with Article IV,

Section I, of the revised Constitution and Bylaws of the Minnesota Chippewa Tribe, as amended, and

organized under Section 16, of the Act of June 18, 1934 (48 Stat. 984).

2. Nothing contained in this Ordinance shall be deemed or construed as a waiver, limitation, or

modification of the White Earth Reservation’s sovereign immunity, and such sovereign immunity is

expressly asserted in any action required for the enforcement of this Ordinance.

C.C. § 500.08 Effective Date

This Ordinance shall take effect immediately upon approval by the White Earth Reservation Business

Committee.

C.C. § 500.09 Severability

If any part of this Ordinance is invalidated, the remainder shall remain in effect.

C.C. § 500.10 Definitions

For purposes of this ordinance, White Earth Conservation Code (W.E.C.C.) Chapter 101 Subd. 1 – 95, applies

with respect to definitions used in this ordinance. Relevant and additional definitions as used in this Ordinance

are as follows.

1. Administrative facilities: buildings, structures, or monuments within the Refuge, including office

buildings, kiosks, boat landings, and pit toilets.

2. Alternative permittee/drawing winner: Must be at least 16 years of age or older, in good standing, and an

enrolled member of the White Earth Band who is selected at a drawing to take over the permitted

activity in the event the original drawing winner and harvest partners are unable to.

3. Apprentice: also known as mentored youth, enrolled persons or persons eligible for enrollment in White

Earth Band under 16 years of age accompanied by an adult who assumes responsibility of the minor for

the purpose of learning a permitted activity on the Refuge.

4. As Is: the existing condition of an area.

5. Authorized Activity: also referred to as permitted activity, regulated conduct through a permit issued in

accordance with sections contained in this Ordinance.

6. Aquatic Invasive Species: a non-native animal, plant, or other organism that lives primarily in water and

is either causing harm or has the potential to cause harm in an area beyond the organism’s native range.

7. Bait: see W.E.C.C. 101 Subd. 9.

8. Bait fish: see W.E.C.C. 101 Subd. 10.

9. Band Member: shall mean a person who is enrolled in the White Earth Nation.

10. Ceremonial Use Permit: shall mean a permit to conduct a ceremony within Refuge boundaries that is

issued by the White Earth Licensing Department only to enrolled members of the White Earth Band.

Ceremonial Use permits shall denote the permittee’s name, date of birth, enrollment number, current

contact information; location of the ceremony, duration, and approximate number of participants. See

Section 501, intra.

11. Closed Area: a delineated location in the Refuge permanently or seasonally closed to permitted

activities.

12. Commercial Leech and Minnow License: see W.E.C.C. Section 1000. Permit for commercial purposes

for leeching, minnowing, and turtling.

13. Commercial purposes: see W.E.C.C. 101 Subd. 23. Note for leeching and minnowing on the Refuge,

commercial purposes are considered harvesting more than 144 individual leeches or minnows and

requires a commercial license. See intra Section 505.01 and W.E.C.C. Section 1000 for more

information.

14. Conservation Officer: see W.E.C.C. Section 101 Subd. 24.

15. Contempt list: a list of persons with suspensions or permanent loss of eligibility for various permitted

activities on the Refuge maintained by WEDNR or authorized representative.

16. Daily limit: see W.E.C.C. 101 Subd. 26.

17. Dead and downed: trees or broken limbs that have fallen to the ground without human intervention.

18. Designated zone: a determined area that delineates the location in which a permitted activity may occur

on the Refuge.

19. Drawing Winner: the permittee who wins a lottery drawing for access to a certain designated zone or

selected location within the Refuge for a particular permitted activity.

20. Fur bearing animal: see W.E.C.C. 101 Subd. 37.

21. Game animal: see W.E.C.C. 101 Subd. 38.

22. Game Fish: see W.E.C.C. 101 Subd. 39.

23. Good cause: substantial and generally unforeseen circumstances beyond a person’s control that

significantly impact that person.

24. Good standing: as used in this ordinance means eligible for permitted activity because the person’s

eligibility is not suspended or otherwise found to be in violation of this ordinance, W.E.C.C. or other

applicable laws.

25. Guardian: see W.E.C.C. Section 101 Subd. 41.

26. Harvest partner: Also known as helper or associate. Must be 16 years of age or older, in good standing,

and have a valid Tribal identification card from the White Earth Band. No more than two persons may

be designated as harvest partners for leeching/turtling, minnowing, and furbearer trapping.

27. Mushroom: the fruiting portion of fungal growth.

28. Nut: a fruit consisting of a hard shell protecting a usually edible kernel.

29. Natural Resources: see W.E.C.C. Section 101 Subd. 52.

30. Non-game/rough fish: see W.E.C.C. Section 101 Subd. 55.

31. Nontimber Forest products: includes any product other than timber that is naturally produced in forested

biomes and can be harvested for human use without cutting down trees.

32. Permitted activity: also referred to as authorized activity, regulated conduct through a permit issued in

accordance with sections contained in this Ordinance.

33. Personal use: see W.E.C.C. Section 101 Subd. 66, includes all uses other than commercial including

ceremonial, educational, and research.

34. Permittee: the person who through a permit or, if applicable a drawing, has been authorized to carry out

a specified activity within the Refuge.

35. Research Activity: the definition contained in 05A of White Earth Nation Research Code: the use of

systematic methods to gather and analyze information for the purpose of proving or disproving a

hypothesis, evaluating concepts or parties or otherwise adding to knowledge and insight in a particular

discipline or field of knowledge or to demonstrate or investigate theories, techniques, or practices,

including (1) basic and clinical research; (2) behavioral studies; (3) anthropological and archaeological

studies; or (4) feasibility and other studies designed to evaluate or test programmatic techniques or to

develop basic data in all phases of public administration.

36. Research Natural Area: an area in the Refuge that contains important ecological and scientific values

and is managed for minimum human disturbance apart from education and research under federal law,

43 U.S.C. § 8223 et seq.

37. Reservation: see W.E.C.C. Section 101 Subd. 72.

38. Ricing: see W.E.C.C. Section 101 Subd. 73.

39. Slash: unused parts of the tree when cutting firewood such as the limbs and tops.

40. Small game animals: see W.E.C.C. Section 101 Subd. 77.

41. Special waiver permit: intra Section 500.11 Subd. 4 and 5, upon showing of good cause Band members

may be eligible for waiver permit to a permitted activity provided they follow notice requirements

contained in Section 500.11.

42. Substitute drawing winner: an eligible harvest partner who assumes a drawing winner’s activity when

the drawing winner is unable or unwilling to participate in the activity. Must be at least 16 years of age

or older, in good standing, and an enrolled member of the White Earth Band. WEDNR reserves the right

to deny such selections.

43. Take or taking: see W.E.C.C. Section 101 Subd. 83.

44. Tamarac National Wildlife Refuge Harvest Permit: (herein abbreviated as Refuge Harvest Permit)

permits issued to eligible White Earth Band enrolled members. The Permit and attachments shall denote

what natural resource activity is covered; permittee’s: name, date of birth, current contact information,

enrollment number; the location or designated zone of the activity; the duration of the activity; and

approximate quantity of the targeted resources as well as other relevant information requested by

WEDNR.

45. Waterfowl: see W.E.C.C. Section 101 Subd. 89.

46. White Earth Band: means the White Earth Band of Ojibwe or Minnesota Chippewa Tribes also referred

to as White Earth Nation.

47. White Earth Licensing Department: also known as the White Earth Department of Motor Vehicles

(DMV) is the Department responsible for issuing permits under this Ordinance.

48. White Earth Division of Natural Resources (WEDNR): also known as White Earth Natural Resources

Department, is the Division of White Earth Nation’s government tasked with the responsibility to

protect, manage, and enhance the White Earth Nation’s natural resources and environment by efficient

and effective ways to allow maximum usage while maintaining population at a level capable of

regeneration.

49. White Earth Reservation Business Committee (RBC): is the governing body of the White Earth Band of

Ojibwe incorporated into the Minnesota Chippewa Tribe through the revised constitution and bylaws

enacted pursuant to Section 16 of the Indian Reorganization Act of 1934.

50. White Earth Research Review Board (RRB): a members consisting of a Board instituted pursuant to

Resolution No. 001-17-008 to implement the White Earth Nation Research Code.

51. Wilderness Area: protected and defined under federal law in the Wilderness Act, codified as 16 U.S.C. §

1131 et seq.

52. Wood cutting permit: a permit obtained from WEDNR Forestry Division for personal use only to collect

dead and down wood in the Refuge.

C.C. § 500.11 General Information and Provisions for Activities on the Refuge

1. Permitted activities may occur only during Refuge open hours from 5 a.m. to 10 p.m. daily unless

otherwise authorized by permit.

2. All persons carrying out authorized activities in the Refuge that require access through combination lock

systems on gates must return such locks to a closed and locked position when both entering and exiting

Refuge trails.

3. Combination locks must be interlocked between the Refuge lock and another use lock or one end of the

chain in a manner that allows independent entry by permitted parties and prohibits entry by unauthorized

persons. Failure to do so shall result in penalties. Persons are required to report missing locks or

vandalism as soon as practicable upon discovery.

4. Enrolled Band members may be eligible for a waiver to general regulations for a permitted activity

through a special waiver permit upon a showing of good cause or a request based upon that member’s

different abilities or disabilities which necessitate a waiver. Persons requesting a special waiver permit

must contact WEDNR at least 48 hours in advance. WEDNR shall endeavor to make reasonable

accommodations when good cause or ability necessitates a waiver. WEDNR reserves the right to deny

such requests when in conflict with cultural understandings, federal or White Earth Tribal laws, natural

resource management practices or if no reasonable accommodations can be made. WEDNR agrees to

inform USFWS Refuge Manager when a special permit is requested and shall give due consideration to

any recommendations or concerns.

5. Harvest partners may be changed during the season when the permittee/drawing winner immediately

informs WEDNR of the change and provides proof the new harvest partner is eligible. WEDNR reserves

the right to deny such changes.

6. When a drawing winner is unable to participate in the particular activity they won, that winner may

choose one harvest partner as their alternative permittee. WEDNR reserves the right to deny such

selections.

C.C. § 500.12 Prohibited, Unlawful, or Restricted Acts on the Refuge

All prohibited acts contained in W.E.C.C. Section 102.00 Subd.1-17 General Provisions and Prohibited Acts,

applies within the Refuge to permitted activities. Each permitted activity may have additional restrictions, refer

to the specific activity’s section. Refuge specific prohibitions and restrictions are as follows:

1. It is prohibited to litter, leave garbage, or personal property in the Refuge past 10 p.m. each day of the

duration of the permit.

2. There is a limited exception for leaving personal property when it is equipment related to an authorized

activity such as canoes or person propelled boats, harvesting equipment, or ceremonial structures for the

pendency of the activity. Such personal property must be removed by 10 p.m. on the expiration date of

the permit. Persons who choose to leave their property during the pendency of a permitted activity

assume all liability and do not hold USFWS or WEDNR responsible for any theft or damage as a result.

3. Storing bait or any personal property in a manner likely to entice wildlife and create a nuisance or pose a

risk to public safety is prohibited.

4. Unattended traps create a presumption of endangering others life and property.

5. Licensed automobiles are permitted only on open designated trails and roads.

6. Bicycles are permitted only on county and township roads, Bruce Boulevard and the Blackbird Wildlife

Drive.

7. Horses are only permitted on county and township roads.

8. The use of snowmobiles is strictly prohibited.

9. Licensed Off-Road Recreational Vehicles (ORRV), Off-Road Vehicles (ORV) and Off Highway Vehicles

(OHV) are permitted on County and Township roads only. Operation of ORRV, ORV or OHV on

Refuge roads including administrative trails, Bruce Boulevard and Blackbird Wildlife Drive is strictly

prohibited without written permission.

10. Open fires are prohibited unless authorized by permit.

11. Parking, blocking or in any manner restricting access to roads, boat landings and gates is prohibited.

12. Camping and overnight parking is prohibited unless authorized by permit.

13. Personal motorized watercraft, swimming, waterskiing, and tubing are prohibited on all Refuge waters.

14. Outboard motors are prohibited on all Refuge waters except those open to fishing and migratory bird

hunting. On Blackbird Lake only electric motors are allowed for fishing.

15. All motorized vehicles are prohibited on the ice.

16. A valid Minnesota state permit to carry, or permit to carry from another jurisdiction that Minnesota has

reciprocity with, is required to carry firearms outside of established hunting seasons except as otherwise

prohibited by applicable Federal law.

17. Target, skeet, trap and indiscriminate shooting is prohibited.

18. Trapping activities have special regulations regarding firearms, see intra Sections 506.

19. Pets must be kept on a leash or under voice control at all times.

20. Damage or destruction of Refuge habitats and vegetation is strictly prohibited unless incidental to a

permitted activity in which the permittee may be required to demonstrate reasonable efforts were taken

to minimize damage.

21. Exceptions to the above restrictions and prohibitions may apply in individual activity sections or with

written permission from the WEDNR and/or Refuge manager.

C.C. § 500.13 Inspection and Enforcement Procedures

1. White Earth Conservation Law Enforcement Officers may inspect any permitted activity in the Refuge

for compliance with relevant regulations and applicable laws.

2. Consistent with the current Memorandum of Understanding between United States Fish and Wildlife

Service Tamarac National Wildlife Refuge and White Earth Nation Reservation Tribal Council in effect:

a. USFWS agrees that USFWS Law Enforcement Officers who contact White Earth tribal members

in the Refuge found suspected violation of any provision of the W.E.C.C. Tamarac Refuge

Ordinance shall report such to White Earth Conservation Law Enforcement for further

investigation, and

b. USFWS Law Enforcement Officers may inspect any regulated activity in the Refuge for

compliance with Federal Laws. In the sensitive case of ceremonial activities, USFWS Law

Enforcement Officers shall, to the greatest extent practicable, be accompanied by White Earth

Conservation Law Enforcement Officers.

c. For further information related to enforcement procedures, refer to the above referenced

Memorandum of Understanding.

3. USFWS Law Enforcement Officers, White Earth Conservation Law Enforcement Officers, and State of

Minnesota Law Enforcement Officers may take all necessary action(s) in response to suspected criminal

activity within the Refuge.

4. WEDNR, White Earth Conservation Law Enforcement Officers, the Cultural Division, WERRB, or

other authorized representative of tribal government may initiate proceedings in Tribal Court to enforce

this ordinance.

C.C. § 500.14 Penalties

1. All persons are required to comply with relevant federal laws and regulations while in the Refuge

including but not limited to: the Migratory Bird Treaty Act, Eagle Protection Act, Lacey Act, National

Wildlife Refuge System Administration Act, National Wilderness Act, National Wildlife Refuge System

Administration Act and National Wildlife Refuge System Improvement Act. Violations of federal laws

and regulations may result in legal action in federal and/or tribal court.

2. When circumstances require an immediate response for serious infractions and violations of applicable

laws White Earth Conservation Law Enforcement Officers may seize permits under the direction of the

WEDNR Director. White Earth members whose permits are seized in this manner may petition WEDNR

Director for reinstatement. Any decisions by the WEDNR Director with regard to the seizure and

reinstatement of a permit under this Ordinance is final.

3. Any violations of the White Earth Tribal Codes, White Earth Conservation Code, this Ordinance, and

permit’s conditions or attachments may result in the revocation of the permit, suspension of eligibility

for future permits and drawings, fines, other civil, and/or criminal penalties in Tribal Court.

4. Civil remedies in Tribal Court may include but are not limited to injunctive relief, seizure and forfeiture,

posting of bonds or sureties to ensure compliance with tribal law.

5. Civil penalties include but are not limited to: fines of $5,000 for each found violation, suspended permit

privileges for a minimum of 3 years not to exceed 5 years for each found violation.

a. A Tribal Court finding of serious, repeated, reckless, or intentional violations shall result in a

permanent suspension from activities within the Refuge and may result in fines not less than

$5,000 nor more than $15,000 for each violation.

6. Criminal penalties include but are not limited to: jail time not to exceed 180 days.

7. WEDNR or authorized representative shall maintain a contempt list of persons with suspensions or

permanent loss of eligibility and share such list with relevant divisions and departments of White Earth

Nation.

C.C. 501.00 Ceremonial Use Regulations

C.C. § 501.01 Ceremonial Use Refuge Permits

1. There must be an enrolled White Earth member designated as the permittee for a ceremonial use permit

to conduct or engage in a cultural, traditional, religious, or spiritual ceremony with the accompanying

regulations and privileges on the Refuge contained herein.

2. Persons must be at least 16 years of age, in good standing, and possess a valid, unexpired White Earth

Tribal Identification card to be eligible as a permittee for a ceremonial use permit.

3. White Earth Licensing Department shall issue Ceremonial Use Refuge permits.

4. Ceremonial use permits are nontransferable.

5. Permittee is responsible for all ceremony participants in the Refuge for the duration of permitted

activity.

6. Ceremonial use permit partners, apprentices, and participants do not need to be enrolled members of the

White Earth Band to participate or engage in the permitted activity. Through their participation in the

activity, non-enrolled persons thereby enter a consensual relationship with the White Earth Band and

agree to submit to the jurisdiction and authority of White Earth Tribal laws and White Earth Tribal

Court.

C.C. § 501.02 Ceremonial Use Regulations

1. Disturbance of the peace, disorderly conduct, or otherwise disrespectful behavior is strictly prohibited.

2. Constructed ceremonial structures, to the greatest extent practicable, shall use only biodegradable

materials and shall not be permanent.

3. Any structure, personal property, or offsite materials with the exception of spiritual offerings must be

removed by 10 p.m. on the expiration date of the permit.

4. Ceremonial use permits are the only exception to fire prohibition in the Refuge. The use of fire is

weather and condition dependent. Fire is prohibited when under unsafe wildfire conditions or burn bans.

It is the responsibility of the permittee to know when these unsafe fire conditions are prevalent.

5. Transporting wood sourced off the Refuge is prohibited. Therefore the use of fire must also have a dead

& down wood cutting permit endorsement for this purpose, see intra Section 502.

6. Ceremonies requiring gathering of plants and other nontimber forest products must also have a permit

endorsement for this purpose, see intra Section 503.

7. Ceremonies requiring traditional timber forest products must also have a permit endorsement for this

purpose, see intra Section 504.

8. The permittee must be present and have on his or her possession the ceremonial use permit for the

permitted duration of the activity.

9. The permittee and all participants accept the condition of the premise “as is” and agree to leave the

premises in as good a condition as when they arrived except for reasonable wear and tear and/or leaving

spiritual offering.

10. In the case of damages, the permittee is responsible to repay the Refuge or relevant party any and all

damages as a direct or indirect result of his or her negligence or failure to act with care, and that of the

ceremony participants.

11. Permittees shall take all reasonable precautions to prevent the escape of fires, suppress fires and render

all reasonable assistance in the suppression of Refuge fires.

12. Permittees and participants shall take all reasonable precautions to prevent nuisance wildlife by

exercising due care when handling materials that are commonly known to attract wildlife.

13. A ceremonial use permit does authorize the permittee to restrict unauthorized persons from entry into the

ceremonial use permitted area. However the ceremonial use permit does not grant the permittee the

ability to restrict authorized entry in his or her permitted area for lawful purposes such as law

enforcement or emergency services.

14. WEDNR and the Cultural Division reserves the right to revoke any ceremonial use permit for

noncompliance with applicable laws and regulations. WEDNR may also revoke a ceremonial use permit

for nonuse.

15. Permittees and ceremony participants agree to hold the White Earth Licensing Department, WEDNR,

the Cultural Division, and USFWS harmless for any and all claims for damages or losses that may arise

in the use of the ceremony permit. Permittees and ceremony participants understand and accept the

inherent risks involved in wild spaces.

16. Any personal property that remains 30 days after the termination of the permit’s expiration date shall

become WEDNR or USFWS property. The failure to remove personal property may result in civil or

criminal penalties.

17. Other conditions and regulations may apply. Permittees shall refer to the permit and its attachments or

contact WEDNR for more information and questions.

C.C. 502.00 Dead & Down Woodcutting Regulations

C.C. § 502.01 Dead & Down Woodcutting Permits

1. Dead & down wood cutting permits are required for all wood cutting related activities including

firewood.

2. Dead & down wood cutting permits are nontransferable.

3. A valid, unexpired Tribal Identification card, good standing, and a dead & down wood cutting permit

from White Earth Licensing Department are required to participate in the collection of dead and down

timber wood cutting activity on the Refuge.

4. WEDNR Forestry Department may provide additional regulations and management decisions related to

wood cutting activities in the Refuge as needed. Contact WEDNR Forestry Division for more

information.

5. Permittees shall provide their name and contact information.

C.C. § 502.02 Dead & Down Woodcutting Regulations

1. Dead and down wood cutting is limited to five (5) cords per permittee per season but permittees may be

eligible for additional permits upon request. Season dates are September 1st to March 1st annually.

2. Only dead and down wood may be harvested along designated roads and trails on the Refuge open to

automobile access. Dead and down wood may be cut within 100 feet of the centerline of the road or

trail.

3. Live vegetation shall not be cut to create access.

4. Unused portions of wood (slash) must be removed from roads and ditches. Slash shall be further cut and

scattered so that wood lies no more than 12 inches from the ground to assist in the prevention of

wildfire.

5. Any form of woodcutting may not occur in Closed areas, Wildlife Drive, Wilderness Areas, or Research

Natural areas on the Refuge.

6. Woodcutting is prohibited within 100 feet of moving water, 50 feet of standing water, and 100 feet of

administrative facilities without prior written permission from WEDNR and USFWS.

7. Any power equipment used to aid in wood cutting activities shall be in good repair with a screen-type

spark-arrester of .023 inches or less and qualified under federal standards.

8. Fuel for any power equipment shall be properly stored in a vehicle.

9. When a fire risk is anything greater than “low,” permittees must carry a fire extinguisher and shovel with

them while harvesting.

10. Permittees shall take all reasonable precautions to prevent the escape of fires, suppress fires and render

all reasonable assistance in the suppression of refuge fires.

11. Permittee accepts the condition of the premise “as is” and agree to leave the premises in as good a

condition as when they arrived except for reasonable wear and tear.

12. In the case of damages, each permittee is responsible to repay the Refuge or relevant party any and all

damages as a direct or indirect result of his or her negligence or failure to act with care, and that of his or

her apprentices.

13. Permittees shall take all reasonable precautions to prevent nuisance wildlife by exercising due care when

handling materials that are commonly known to attract wildlife.

14. A wood cutting permit does not grant the ability to restrict other authorized entry in his or her permitted

area.

15. WEDNR reserves the right to revoke any Refuge harvest permit for noncompliance with applicable laws

and regulations. WEDNR may also revoke a Refuge harvest permit for nonuse.

16. Permittees agree to hold White Earth Licensing Department, WEDNR, and USFWS harmless for any

and all claims for damages or losses that may arise in the use of the Refuge harvest permit. Permittees

understand and accept the inherent risks involved in wild spaces.

17. Any personal property that remains 30 days after the termination of the permit’s expiration date shall

become WEDNR or USFWS property. The failure to remove personal property may result in civil or

criminal penalties.

18. Other conditions and regulations may apply. Permittees shall refer to the permit and its attachments or

contact WEDNR for more information and questions.

C.C. 503.00 Gathering Nontimber Forest Products on the Refuge

§ 503.01 Nontimber Forest Products Permits

1. Good standing, a valid, unexpired Tribal Identification card and a Refuge harvest permit from White

Earth Licensing Department is required to participate in gathering nontimber forest products from the

Refuge including but not limited to mushrooms, nuts, and berries, as well as other species used for

healing, ceremony, educational, and other traditional purposes.

2. Permittee agrees to support WEDNR’s mission and upon request by WEDNR Director, or a person

authorized by the Director, shall provide a list of plant species and approximate quantities gathered. If

requested by WEDNR the failure to provide such information may result in a loss of eligibility for future

participation in activities.

3. Refuge Harvest permits are nontransferable.

C.C. § 503.02 Nontimber Forest Products Regulations

1. The harvest or gathering of nontimber forest products are for personal or ceremonial use only. Limits on

quantity and type of species for the harvest of nontimber forest products are under the discretion of the

WEDNR Forestry Division and will be attached to the Refuge Harvest permit when necessary.

2. Any harvest of rare or protected plant or fungi species under federal, tribal, and state law is strictly

prohibited. Permittees shall refer to the permit attachment for species unavailable for harvest. It is the

responsibility of the permittee to know which species are protected by law.

3. Harvesting plants and fungi species within 100 ft of administrative facilities is prohibited.

4. Permittees and apprentices shall use reasonable care and take precautions not to damage other non-target

species. The damage or removal of vegetation to facilitate harvest is prohibited.

5. The permittee accepts the condition of the premise “as is” and agree to leave the premises in as good a

condition as when they arrived except for reasonable wear and tear.

6. In the case of damages, the permittee is responsible to repay the Refuge or relevant party any and all

damages as a direct or indirect result of his or her negligence or failure to act with care, and that of his or

her apprentices.

7. Permittees shall take all reasonable precautions to prevent fires, suppress fires and render all reasonable

assistance in the suppression of refuge fires.

8. Permittees and apprentices shall take all reasonable precautions to prevent nuisance wildlife by

exercising due care when handling materials that are commonly known to attract wildlife.

9. A Refuge Harvest Permit does not grant the ability to restrict other authorized entry in his or her

permitted area.

10. WEDNR reserves the right to revoke any Refuge Harvest Permit for noncompliance with applicable

laws and regulations. WEDNR may also revoke a Refuge harvest permit for nonuse.

11. Permittees agree to hold White Earth Licensing Department, WEDNR, and USFWS harmless for any

and all claims for damages or losses that may arise in the use of the Refuge harvest permit. Permittees

understand and accept the inherent risks involved in wild spaces.

12. Any personal property that remains 30 days after the termination of the permit’s expiration date shall

become WEDNR or USFWS property. The failure to remove personal property may result in civil or

criminal penalties.

13. Other conditions and regulations may apply. Permittees shall refer to the permit and its attachments or

contact WEDNR for more information and questions.

C.C. 504.00 Gathering Traditional Timber Forest Products on the Refuge

C.C. § 504.01 Traditional Timber Forest Products Permits

1. Good standing, a valid, unexpired Tribal Identification card and a Refuge harvest permit from White

Earth Licensing Department is required to participate in gathering traditional timber forest products

from the Refuge including but not limited to diamond willow, black ash, tamarack, birch bark, snake

sticks, collection of timber materials for ricing poles or lodges, and other timber products traditionally

used for healing, ceremony, educational, and other traditional purposes.

2. Permittee agrees to support WEDNR’s mission and upon request by WEDNR Director, or a person

authorized by the Director, shall provide a list of tree species and approximate quantities gathered. If

requested by WEDNR the failure to provide such information may result in a loss of eligibility for future

participation in activities.

3. Refuge Harvest permits are nontransferable.

C.C. § 504.02 Traditional Timber Forest Products Regulations

1. The harvest of traditional timber forest products is for personal use only. WEDNR Forestry Division

determines quantities and when necessary shall attach a list to the Refuge Harvest permit.

2. Any harvest of rare or protected tree species under federal, tribal, and state law is strictly prohibited. It is

the responsibility of the permittee to know which species are protected by law.

3. Permittees and apprentices shall use reasonable care and take precautions not to damage other non-target

species. The damage or removal of vegetation to facilitate harvest is prohibited.

4. Permittees and apprentices are expected to use best management practices in the removal of targeted

species by using respectful and careful harvesting procedures.

5. The permittee accepts the condition of the premise “as is” and agree to leave the premises in as good a

condition as when they arrived except for reasonable wear and tear.

6. Any form of woodcutting may not occur in Closed areas, Wildlife Drive, Wilderness Areas, or Research

Natural areas on the Refuge.

7. Woodcutting is prohibited within 100 feet of moving water, 50 feet of standing water, and 100 feet of

administrative facilities without prior written permission from WEDNR and USFWS.

8. Any power equipment used to aid in wood cutting activities shall be in good repair with a screen-type

spark-arrester of .023 inches or less and qualified under federal standards.

9. Fuel for any power equipment shall be properly stored in a vehicle.

10. When a fire risk is anything greater than “low,” permittees must carry a fire extinguisher and shovel with

them while harvesting.

11. Permittees shall take all reasonable precautions to prevent fires, suppress fires and render all reasonable

assistance in the suppression of refuge fires.

12. Permittees and apprentices shall take all reasonable precautions to prevent nuisance wildlife by

exercising due care when handling materials that are commonly known to attract wildlife.

13. A Refuge Harvest Permit does not grant the ability to restrict other authorized entry in his or her

permitted area.

14. WEDNR reserves the right to revoke any Refuge Harvest Permit for noncompliance with applicable

laws and regulations. WEDNR may also revoke a Refuge harvest permit for nonuse.

15. In the case of damages, the permittee is responsible to repay the Refuge or relevant party any and all

damages as a direct or indirect result of his or her negligence or failure to act with care, and that of his or

her apprentices.

16. Permittees agree to hold White Earth Licensing Department, WEDNR, and USFWS harmless for any

and all claims for damages or losses that may arise in the use of the Refuge harvest permit. Permittees

understand and accept the inherent risks involved in wild spaces.

17. Any personal property that remains 30 days after the termination of the permit’s expiration date shall

become WEDNR or USFWS property. The failure to remove personal property may result in civil or

criminal penalties.

18. Other conditions and regulations may apply. Permittees shall refer to the permit and its attachments or

contact WEDNR for more information and questions.

C.C. 505.00 Harvesting Leeches, Turtles, and Minnows on Refuge Regulations

C.C. § 505.01 Leech, Turtle, and Minnow Permit Drawing

1. Lottery drawings for leeching, turtling, and minnowing in designated zones or selected locations of

Refuge and season dates will be held at the discretion of WEDNR.

2. Permit drawing dates will be set and publicly posted by the WEDNR at least two (2) weeks in advance.

3. All persons must possess a Commercial Leech and Minnow License, be at least 16 years of age, in good

standing, and possess a valid unexpired Tribal Identification Card to be eligible for the drawing.

4. Drawing winners will receive a Refuge Harvest permit and should carry this permit on their person

during the activity.

5. The drawing winner may select up to two harvest partners to accompany them on the activity.

6. Drawing winner must be present during the activity with the harvest partners unless otherwise approved

by WEDNR as detailed in 505.01 Subd. 7.

7. In the event the drawing winner is unable to participate in the activity for the season he/she can select

one of their harvest partners to substitute and shall notify WEDNR immediately. WEDNR reserves the

right to deny such selections.

8. In the event the original drawing winner and their harvest partners are unable to participate in the

activity for the season, an alternative drawing winner will be selected at the drawing.

9. Refuge harvest permits are nontransferable.

10. Minors under 16 years of age may accompany a drawing winner or harvest partner in the Refuge for the

purpose of learning how to leech, minnow, or turtle. Apprentices in the Refuge are the responsibility of

the adult accompanying them.

11. The permittee/drawing winner must have a Refuge Harvest Permit and Commercial Leech and Minnow

License from White Earth Licensing Department, and a valid, unexpired Tribal Identification card in

their possession while harvesting leeches, turtles, and minnows in designated zones and selected

locations on the Refuge.

12. Harvest partners must have Commercial Leech and Minnow License from White Earth Licensing

Department, and a valid, unexpired Tribal Identification card in their possession while harvesting

leeches, turtles, and minnows in designated zones and selected locations on the Refuge.

13. Permittees/drawing winners agree to assist WEDNR’s mission by reporting approximate numbers of

animals taken, location(s), number of traps set, and active date range to a person authorized by the

WEDNR each month of the duration of their activity upon request. Failure to provide this information

may result in a loss of eligibility for future participation in activities.

14. Drawing winners/permittees and all harvest partners must attend any applicable regulation meetings.

15. Designated zones for harvest and other applicable restrictions are given to drawing winners at the lottery

drawing and regulation meetings.

C.C. § 505.02 Leech, Turtle, and/or Minnow Regulations

1. Drawing winners, harvest partners, and apprentices are expected to follow regulations regarding gates in

the Refuge, see intra Section 500.11.

2. The introduction of aquatic invasive species is strictly prohibited. Permittees/drawing winners, harvest

partners, and apprentices are required to take all necessary precautions to avoid introducing or

transporting aquatic invasive species. It is prohibited to use any equipment previously used in known

waters with aquatic invasive species infestations.

3. The drawing winner must be present unless otherwise authorized under § 505.01 Subd. 7 when

conducting leeching, minnowing, or turtle harvest activities and have on their possession Refuge harvest

permit, Commercial Leech and Minnow License, and their valid White Earth Tribal identification card.

4. Turtles shall only be harvested by hand or with handheld equipment.

5. Turtle sizes and daily limits for various turtle species is established by the WEDNR.

6. Snapping turtles must measure at least 10 inches in diameter across the shell’s carapace.

7. All leech and minnow traps and any other personal property must be removed from the Refuge by 10

p.m. on the expiration date of the permit.

8. Garbage and bait must be removed each day by 10 p.m. for the pendency of the permitted activity.

9. Littering is strictly prohibited.

10. Permittees, harvest partners, and apprentices agree to remove unused bait each day and are expected to

take all reasonable precautions to avoid leaving bait or other substances known to attract wildlife in such

a manner as to attract nuisance wildlife and endanger public safety.

11. All unwanted leeches, turtles, and minnows will be immediately returned to the same body of water

from which they were taken.

12. All leech and minnow traps must be permanently marked and legible with identification of the

permittee’s last five digits: of their enrollment number, commercial leech and minnow license number,

or Refuge harvest permit. Permittee or drawing winner is responsible to make sure all traps are legible

throughout the season.

13. Trap floats shall not use recycled bottles of any sort.

14. Permittee/drawing winner is responsible for all traps and floats in Refuge waters and shall immediately

retrieve any loose traps or floats. In the event of missing traps or floats, permittee or drawing winner

shall immediately notify WEDNR or USFWS within 24hrs of discovery and take all reasonable steps

necessary to locate the missing item.

15. The use of outboard motors for leeching, turtling, and minnowing is only permitted on the following

lakes: Blackbird Lake and lakes or wetlands open to migratory bird hunting.

16. Drawing winners and his or her harvest partners and/or apprentices accept the condition of the premise

“as is” and agree to leave the premises in as good a condition as when they arrived except for reasonable

wear and tear.

17. In the case of damages, the drawing winner is responsible to repay the Refuge or relevant party any and

all damages as a direct or indirect result of his or her negligence or failure to act with care, and that of

his or her chosen harvest partners and apprentices.

18. Drawing winners shall take all reasonable precautions to prevent fires, suppress fires and render all

reasonable assistance in the suppression of refuge fires.

19. Winning a drawing or being a harvest partner or apprentice does not grant the ability to restrict other

authorized entry in his or her area.

20. WEDNR reserves the right to revoke a drawing winner for noncompliance with applicable laws and

regulations. WEDNR may also revoke a drawing winner for nonuse.

21. Drawing winners and harvest partners agree to hold White Earth Licensing Department, WEDNR, and

USFWS harmless for any and all claims for damages or losses that may arise during the activity.

Drawing winners and harvest partners understand and accept the inherent risks involved in wild spaces.

22. Any personal property that remains 30 days after the termination of the permit’s expiration date shall

become WEDNR or USFWS property. The failure to remove personal property may result in civil or

criminal penalties.

23. Other conditions and regulations may apply. Permittees and drawing winners shall refer to the permit

and its attachments or contact WEDNR for more information.

A. Special Minnow Regulations

1. All regulations in above in Section 505 continue to apply. Minnowing has the following

additional regulations.

2. Minnow traps must be either a box or a cylinder style trap made of plastic, galvanized or plasticcoated mesh, or tempered glass designed for river use. Box trap size shall be no greater than 3

feet wide by 3 feet tall by 3 feet long. Cylinder trap size shall be no greater than 24 inches in

diameter and 48 inches in length.

3. Maximum of 10 total minnow traps are permitted at each authorized location.

4. Traps at bridge locations on the Ottertail River may be placed up to 200 feet up or downstream.

5. Traps on the Egg River may be placed up to 200 feet downstream and 25 feet upstream to

accommodate other upstream uses.

6. All minnow traps must be emptied of fish at least every 72 hours after deployment and as

frequently as necessary to prevent losses.

7. WEDNR reserves the right to inspect fishes for disease and promulgate additional regulations as

necessary to prevent the spread of disease.

C.C. 506.00 Refuge Furbearer Trapping Regulations

C.C. § 506.01 Trapping Permit Drawing

1. A lottery drawing for fur bearing animal trapping permits in designated zones of Refuge will be held

annually. WEDNR shall publicly post the drawing at least two (2) weeks in advance.

2. Available species, limits, and seasons for trapping are determined by WEDNR and approved through

RBC Resolution.

3. All persons entering the drawing must be 16 years of age of older, be in good standing, and possess a

valid unexpired Tribal Identification Card to be eligible.

4. Each permittee/drawing winner may designate up to two harvest partners and shall provide their names

and contact information to WEDNR.

5. The drawing winner/permittee must be present when conducting trapping activities with harvest partners

unless otherwise approved by WEDNR in 506.01 Subd. 6.

6. In the event the drawing winner is unable to participate in the activity for the season he/she can select

one of their harvest partners to substitute and shall notify WEDNR immediately. WEDNR reserves the

right to deny such selections.

7. In the event the original drawing winner and their harvest partners are unable to participate in the

activity for the season, an alternative drawing winner will be selected at the drawing.

8. Apprentices may join to learn about trapping activities and are the responsibility of the accompanying

adult.

9. Permittees/drawing winners agree to assist WEDNR’s mission by reporting approximate numbers of

animals taken, location, number of traps or snares set, and date range to a person authorized by the

WEDNR Director halfway through the permitted activity (typically around December or January) and

again at the conclusion of the activity upon request. Failure to provide this information may result in a

loss of eligibility for future participation in activities.

C.C. § 506.02 Trapping Regulations

1. Permittees, harvest partners and apprentices may not possess an archery bow, crossbow, or firearm, other

than a .22 caliber rifle used to dispatch trapped species.

2. Any person under 18 years of age who takes furbearers while in possession of a firearm shall also have

in his/her possession a valid Federal, State, or Band issued Firearm’s Safety Certificate.

3. Permittees must obtain locking seal/tag from WEDNR for each pelt or hide of a designated species. This

seal/tag must be affixed to the hide or pelt through an eye or some other manner as prescribed by

WEDNR.

4. If a non-target species is able to be released it must be immediately released back into the wild in the

same area where it was trapped. If the animal is dead or otherwise cannot be released, you must

immediately notify law enforcement officers in the Refuge or the White Earth Tribal Conservation

Officers within 24 hours upon discovery and follow their directions regarding the animal.

5. All traps and snares must be clearly marked throughout the season with the last five digits of a

permittee’s: tribal enrollment number or Refuge Harvest Permit number.

6. Traps and snares must be tended at least every 72 hours. Failure to do so is considered a serious

violation and creates a presumption of endangering others life and property.

Use of snares for land sets is permitted, with the following special restrictions:

a. Cable diameter is limited to not more than 3/32 inches;

b. Snare loop size may not exceed 7 inches from top to bottom;

c. The bottom of the snare loop may not exceed a height of 8" above the ground.

8. Motorized vehicles including off-road motorize vehicles are not permitted in the Refuge other than the

exception that trappers may use motorized vehicles to access trapping zones only on mowed trails.

9. With the exception of trap set materials, no other personnel property including garbage may be left over

night on the Refuge.

10. Littering is prohibited.

11. All personal property must be removed by 10 p.m. on the date of expiration for the permit.

12. Drawing winners and his or her harvest partners and/or apprentices accept the condition of the premise

“as is” and agree to leave the premises in as good a condition as when they arrived except for reasonable

wear and tear.

13. In the case of damages, the drawing winner is responsible to repay the Refuge or relevant party any and

all damages as a direct or indirect result of his or her negligence or failure to act with care, and that of

his or her chosen harvest partners and apprentices.

14. Drawing winners shall take all reasonable precautions to prevent fires, suppress fires and render all

reasonable assistance in the suppression of refuge fires.

15. Drawing winners, harvest partners, and apprentices shall take all reasonable precautions to prevent

nuisance wildlife by exercising due care when handling materials that are commonly known to attract

wildlife.

16. Winning a drawing does not grant the ability to restrict other authorized entry in his or her area.

17. WEDNR reserves the right to revoke a drawing winner for noncompliance with applicable laws and

regulations. WEDNR may also revoke a drawing winner for nonuse.

18. Drawing winners and harvest partners agree to hold White Earth Licensing Department, WEDNR, and

USFWS harmless for any and all claims for damages or losses that may arise during the activity.

19. Drawing winners and harvest partners understand and accept the inherent risks involved in wild spaces.

20. Any personal property that remains 30 days after the termination of the permit’s expiration date shall

become WEDNR or USFWS property. The failure to remove personal property may result in civil or

criminal penalties.

21. Other conditions and regulations may apply. Permittees shall refer to the permit and its attachments or

contact WEDNR for more information and questions.

C.C. 507.00 Refuge Manoomin (Wild Rice) Gathering Regulations

C.C. § 507.01 Manoomin Permits

1. Manoomin harvest in the Refuge is determined by joint effort between WEDNR’s Wild Rice Program

and Refuge staff.

2. Interested White Earth tribal members may contact WEDNR’s Wild Rice Program Manager or the White

Earth Wild Rice Committee for more information about ricing in the Refuge and seasons.

3. The WEDNR Wild Rice Program Manager shall publicly post information regarding ricing availability

in the Refuge and conduct an informational meeting at least two (2) weeks in advance.

4. To be eligible persons must be 16 years of age or older, in good standing, possess a valid, unexpired

White Earth Tribal Identification card, and a regular Harvest Permit issued by the White Earth

Reservation Licensing Department are required to be in his/her possession when ricing.

5. Persons who are not White Earth Tribal members are not permitted by WEDNR to participate in ricing

activities within the entirety of the Tamarac National Wildlife Refuge.

6. Harvest permits are nontransferable.

7. Apprentices may join to learn about ricing but they are the responsibility of the accompanying adult in

the Refuge during the activity.

8. Permittees agree to assist WEDNR’s mission by reporting approximate amount of Manoomin gathered

and location(s) to a person authorized by the WEDNR Director upon request. Failure to provide this

information may result in a loss of eligibility for future participation in activities.

C.C. § 507.02 Manoomin Regulations

1. The WEDNR works closely with White Earth Wild Rice Committee to make management decisions and

determine the harvest season of wild rice in the Refuge.

2. WEDNR shall designate ricing access points and the number of boats allowed per lake for ricing as

needed and distribute this information as attachments to permits and/or informational meetings.

3. All members of each ricing party are expected to follow regulations regarding gates in the Refuge, see

intra Section 500.11.

4. Ricing hours are during daylight hours during the season.

5. It is prohibited to intentionally harm any plant or animal during ricing. Persons must take care and be

respectful while ricing.

6. It is prohibited to take wild rice by any means except with:

a. a hand flail no longer than 30 inches and weight no more than one pound,

b. a canoe no more than 18 feet in length and less than 42 inches in width,

c. a push pole that has forks 12 inches or less; or

d. by foot.

7. The introduction of aquatic invasive species is strictly prohibited. Everyone participating in ricing

activities is required to take all necessary precautions to avoid introducing or transporting aquatic

invasive species. All ricing equipment such as boats, trailers, and push poles must be free of aquatic

vegetation and all water needs to be drained before launching into Refuge lakes.

8. Littering, the abandonment of personal property, and leaving garbage is strictly prohibited.

9. Disturbance of the peace or disorderly conduct is strictly prohibited.

10. The permittee and all members of the ricing party accept the condition of the premise “as is” and agree

to leave the premises in as good a condition as when they arrived except for reasonable wear and tear.

11. In the case of damages, the permittee is responsible to repay the Refuge or relevant party any and all

damages as a direct or indirect result of his or her negligence or failure to act with care, and that of his or

her apprentices.

12. All members of the ricing party shall take reasonable precautions to prevent fires, suppress fires, and

render all reasonable assistance in the suppression of refuge fires.

13. All members of the ricing party shall take all reasonable precautions to prevent nuisance wildlife by

exercising due care when handling materials that are commonly known to attract wildlife.

14. A regular Harvest Permit does not grant the ability to restrict other authorized entry in his or her

permitted area.

15. WEDNR reserves the right to revoke any Harvest Permit for noncompliance with applicable laws and

regulations. WEDNR may also revoke a permit for nonuse.

16. Permittees agree to hold White Earth Licensing Department, WEDNR, and USFWS harmless for any

and all claims for damages or losses that may arise in the use of the Refuge harvest permit. Permittees

understand and accept the inherent risks involved in wild spaces.

17. Any personal property that remains 30 days after the termination of the permit’s expiration date shall

become WEDNR or USFWS property. The failure to remove personal property may result in civil or

criminal penalties.

18. Refuge staff and WEDNR reserve the right to harvest wild rice for the purpose of re-seeding.

19. Other conditions and regulations may apply. Permittees shall refer to the permit and attachments issued

by WEDNR or contact WEDNR for more information.

C.C. 508.00 Scientific Research on the Refuge

C.C. § 508.01 Scientific Research Permits

1. All persons or entities who desire to participate in a research activity on the Refuge may contact White

Earth Reservation Review Board (WERRB) or WEDNR two (2) weeks in advance of the proposed

research activity to determine whether or not a research permit or waiver will be needed.

2. Pursuant to the White Earth Nation’s Research Code, Resolution No. 001-17-008 permits are required

when conducting research activities within the Reservation boundaries, and when research activities

impact tribal ownership interests.

3. Research permits are nontransferable.

4. Certain routine activities performed by tribal employees in the usual course of their employment for the

Band such as water sampling by WEDNR’s Fisheries Division do not require a permit and may be

granted a waiver by WERRB for business as usual.

a. WEDNR shall gather the person’s name, current contact information, location of the activity, list

of the impacted natural resource or targeted species, and timeframe on the Refuge for the

research activity which WEDNR Director or other designated individual shall supply to the

Refuge Manager at least 72 hours in advance when activities are considered business as usual.

Only 24 hours’ notice is required for rice and water sampling per the current Memorandum of

Agreement between White Earth Band and United States Fish and Wildlife Service.

5. When a person or entity contacts either WERRB or WEDNR, the contacted division or board shall make

a good faith effort to contact the other within 24 hours. WERRB and WEDNR shall coordinate to

determine whether or not a permit is required for an activity. If a permit is required, the person shall

need to fill out a completed application with WERRB pursuant to White Earth Nation Research Code.

6. Other conditions and regulations may apply. Permittees shall refer to the permit and attachments issued

or contact WEDNR or WERRB for more information.

C.C. § 508.02 Scientific Research Regulations

1. White Earth Nation’s Research Code enacted by Resolution No. 001-17-008 shall apply in the Refuge with

respect to enrolled White Earth Tribal members and may apply to other persons conducting research

activities in the Refuge pursuant to the Research Code and the aforementioned Section 508.01 herein.

2. Permittees must provide the names and, if applicable, contact information of each research associate

participating in the research activity.

3. The permittee and research associates accept the condition of the premise “as is” and agree to leave the

premises in as good a condition as when they arrived except for reasonable wear and tear.

4. In the case of damages, the permittee is responsible to repay the Refuge or relevant party any and all

damages as a direct or indirect result of his or her negligence or failure to act with care, and that of his or

her research associates.

5. Permittees and research associates shall take all reasonable precautions to prevent fires, suppress fires and

render all reasonable assistance in the suppression of refuge fires.

6. Permittees and research associates shall take all reasonable precautions to prevent nuisance wildlife by

exercising due care when handling materials that are commonly known to attract wildlife.

7. A Research permit does not grant the ability to restrict other authorized entry in his or her permitted area.

8. WEDNR and WERRB reserves the right to revoke any research permit for noncompliance with applicable

laws and regulations.

9. WEDNR and WERRB may also revoke a research permit for nonuse.

10. Permittees, research associates, investigators, or other participants agree to hold the WEDNR, the WERRB,

and the USFWS harmless for any and all claims for damages or losses that may arise in the use of the

Refuge harvest permit. Permittees and all research participants understand and accept the inherent risks

involved in wild spaces.

11. Any personal property that remains 30 days after the termination of the permit’s expiration date shall

become WEDNR or USFWS property. The failure to remove personal property may result in civil or

criminal penalties.

C.C. 600.00 Forestry Provisions

C.C. 601.00 Forestry Permits

Subd.1) A Cutting Permit must be obtained from White Earth Tribal Forestry to cut standing dead, or dead and

down stumpage.

Subd.2) A Cutting Permit must be obtained from White Earth Tribal Forestry for the cutting of standing green

stumpage.

Subd.3) Any permit issued by White Earth Tribal Forestry is only valid on White Earth Tribal or Band lands.

C.C. 602.00 Forestry Rules and Regulations

Subd.1) It is prohibited for birch bark harvesters to cut down the entire paper birch tree to obtain the outer bark.

Subd.2) It is prohibited to harvest Christmas trees from Tribal plantations without the approval and a permit

from White Earth Tribal Forestry.

Subd.3) It is prohibited to drive in Tribal plantations for any reason, except on established roads and trails.

Subd.4) It is prohibited to cut maple trees in known maple sugar camps.

Subd.5) It is prohibited for pinecone harvesters to cut down the entire pine tree to obtain the cones.

Subd.6) It is prohibited to cut or commercially harvest trees within a leased home site or home site area on the

White Earth Reservation without a Cutting Permit from the White Earth Tribal Forestry or written permission

from the White Earth Land Department.

Subd.7) Trespassing on Tribal land to harvest any other forest products without a permit from the White Earth

Tribal Forestry or the White Earth Conservation Department is prohibited, except for ceremonial or religious

purposes.

Subd.8) It is prohibited to place trees or parts of trees across or on the roadway, or to create a road hazard

resulting from the act of gathering fuel wood.

Subd.9) It is prohibited to place a trailer or erect a building on a logging site on Tribal land, except by the

approved purchaser who may erect or place a temporary structure during active harvesting of the timber sale.

C. C. 603.00 Fire and Burning Provisions

C.C. 603.01 Burning Permits

Subd.1) Open Burning Without a Permit: Open burning without a permit is allowed only when the ground is

snow-covered or for recreational fires. All other forms of open burning require a permit.

Subd.2) Open Burning With a Permit: A permit for open burning may be issued for the following purposes:

a) Elimination of fire or health hazards that cannot be abated by any other practical means;

b) Disposal of vegetative matter for purposes of managing forests, prairies or wildlife habitats;

c) Ground thawing for utility repair and construction;

d) Disposal of trees, brush, grass and other vegetative matter in the development and maintenance of

land and rights-of-way where chipping, composting, or other alternative methods are not practical;

e) Disposal of diseased shade trees, infested nursery stock, or diseased bee hives;

f) Disposal of burnable building material such as unpainted or untreated lumber, wood shakes, or other

unpainted or untreated wood products generated by construction, where recycling, reuse, chipping or

other alternative disposal methods are not practical.

Subd.3) Permits may be issued by designated employees of the White Earth Natural Resources Department,

and appointed fire wardens.

Subd.4) A permit application submitted pursuant to these regulations may be denied if:

a) A practical alternative method of disposal of the material is available, such as

chipping or composting;

b) The burning cannot be conducted according to the conditions established in these

regulations; or

c) A nuisance condition would result from the burning.

Subd.5) A permit is subject to revocation if:

a) A practical method of disposal of the material is found;

b) A fire hazard exists or develops during the course of the burning;

c) The permittee violates this ordinance;

d) Any of the conditions of the permit are violated; or

e) A nuisance condition has resulted from the burning.

Subd.6) Program Established. The White Earth Natural Resources Department may establish a controlled

burning program on Indian land to propagate wildlife requiring new vegetative growth and brush habitats, to

manage the prairie, and to reduce the wildfire hazard.

Subd.7) Burning Permits. A person may not conduct a controlled burn without a permit.

C.C. 603.02 Burning Rules and Regulations

Subd.1) A permit for open burning may be issued under the following conditions:

The prevailing wind at the time of burning must be away from nearby residences and occupied buildings.

a) The burning must be conducted as far away from a road as possible and controlled so that a traffic

hazard is not created.

b) The burning must be at least 50 feet away from any structure and 200 feet away from an adjacent

owner’s occupied structure.

c) The burning must not be conducted within 500 feet of an airport or landing strip unless the affected

airport or landing strip is notified prior to burning.

d) The burning must not be conducted during the duration of a declared air pollution alert, warning,

emergency, or significant harm episode as outlined in 40 CFR, Part 51, Subpart H or 40 CFR, Section

52.1220(c)(1).

e) The person conducting the open burn shall give notice to the local authority and to a White Earth

Natural Resources Department representative prior to any open burning within the White Earth

Reservation. The notice must include the time and location of the fire.

f) Propane gas torches or other clean gas burning devices causing minimal pollution must be used to

start the burning.

g) The person conducting the open burning must be present at the burn site from the commencement of

burning until the fire is completely extinguished. If a permit is required, the permittee shall have a

copy of the permit at the burning site at all times during the burning.

h) Fires must not be allowed to smolder with no flame present, except when conducted for the purpose

of managing forests, prairies, or wildlife habitats.

i) Fires set or allowed to burn for the purpose of managing forests, prairies, or wildlife habitats

must be managed according to a prescribed burn plan approved by the Bureau of Indian Affairs,

Forestry.

Subd.2) Prohibited Materials: No person shall conduct, cause, or permit open burning of oils, rubber

products, plastics, chemically treated materials or other materials which produce excessive or noxious smoke

such as tires, railroad ties, chemically treated lumber, composite shingles, tar paper, insulation, composition

board, sheetrock, wiring, paint, or paint filters.

a) Hazardous Wastes: No person shall conduct, cause, or permit open burning of hazardous waste.

b) Industrial Solid Waste: No person shall conduct, cause, or permit open burning of solid waste

generated from an industrial or manufacturing process or from a service or commercial

establishment.

c) Demolition Debris: No person shall conduct, cause or permit open burning of burnable building

material generated from demolition of commercial or institutional structures. A farm building is not

a commercial structure.

d) Salvage Operations: No person shall conduct, cause or permit salvage operations by open burning.

e) Motor Vehicles: No person shall conduct, cause, or permit the processing of motor vehicles by open

burning.

f) Garbage: No person shall conduct, cause, or permit open burning of discarded material resulting from

the handling, processing, storage, preparation, serving, or consumption of food.

Subd.3) Burning Ban. The White Earth Natural Resources Department may also, upon such determination, by

written order, suspend the issuance of permits for open fires, revoke or suspend the operation of a permit

previously issued and, to the extent the White Earth Natural Resources Department deems necessary, prohibit

the building of all or some kinds of open fires in all or any part of a wildfire area regardless of whether a permit

is otherwise required; and the White Earth Natural Resources Department also may, by written order, prohibit

smoking except at places of habitation or in automobiles or other enclosed vehicles properly equipped with a

sufficient ash tray.

C.C. 603.03 Campfires

Subd.1) Extinguishment. Any authorized personnel of the White Earth Reservation who finds that any person

has left a campfire burning shall take measures to extinguish the fire and take action against the person or

persons responsible for leaving the campfire burning.

Subd.2) Not To Be Left Burning. Every person who starts a campfire shall exercise every reasonable

precaution to prevent the campfire from spreading and shall, before lighting the campfire, clear the ground of all

combustible material within a radius of five feet from the base of the campfire. The person lighting the

campfire shall remain with the campfire at all times and shall completely extinguish the campfire before leaving

the site.

C.C. 603.04 Assisting With Wildfire Suppression, Commandeering Property

Subd.1) Any able-bodied person so summoned who refuses or neglects or otherwise fails to assist in

extinguishing such fire or who fails to make all reasonable efforts to that end, until released by the summoning

Reservation employee, may be guilty of a misdemeanor.

Subd.2) An authorized personnel shall have power to commandeer, for the time being, equipment, tools,

appliances, or other property in the possession of any person either summoned to assist in extinguishing the fire

or in the vicinity thereof, and to use, and to require the persons summoned to use, the commandeered property

in the fighting and extinguishing of the fire.

C.C. 603.05 Disposal of Slashings and Debris

Subd.1) Where and whenever in the judgment of the White Earth Natural Resources Department there is or

may be danger of starting and spreading of wildfires from slashings and debris from the cutting of timber of any

kind for any purpose, or from any accumulation of sawdust, shavings, chips, bark, edgings, slabs or other

combustible refuse for the manufacture of lumber or other timber products, the White Earth Natural Resources

Department shall order the person by or for whom the timber products have been or are being cut or

manufactured to dispose of the same in such a way as to establish a safe fire line around the area requiring such

protection, the fire line to be of a width and character satisfactory to the White Earth Natural Resources

Department or otherwise to dispose of the same so as to eliminate the wildfire hazard.

Subd.2) When any person who has been directed by the White Earth Natural Resources Department to dispose

of such slashings, debris, or refuse fails to comply with these directions, the person shall be deemed guilty of a

misdemeanor.

Subd.3) When any such slashings, debris, or refuse are not disposed of or are left unattended for a period of

time exceeding thirty (30) days contrary to the instructions of the White Earth Natural Resources Department or

fire warden may go upon the premises with as many workers as may be necessary and burn or otherwise

dispose of the same and the expense thereof shall be charged to the responsible party. An itemized statement

verified by the White Earth Natural Resources Department of the amount of the costs and expenses incurred in

burning or other disposal of these slashings, debris or refuse shall be filed within ninety (90) days from the time

the disposal thereof is completed in the office of the Clerk of the White Earth Tribal Court. The amount of the

bill shall be a valid claim that may be collected in a civil action from the person who cut or manufactured the

wood, timber, or timber products from which the slashings, debris or refuse were produced. Any monies so

collected shall be paid to the White Earth Natural Resources Department and deposited according to

departmental procedures.

Subd.4) Any person who cuts or fells trees or bushes of any kind in clearing land for any purpose is hereby

prohibited from setting fire to any slashings, brush, roots, or excavated stumps or other combustible material on

such land and letting the fire run; but the same must be disposed of pursuant to the rules or directions of the

White Earth Natural Resources Department.

Subd.5) Any contractor who enters into a contract for the construction of a public road or other work, which

involves the cutting or grubbing of woods, standing timber, or brush, shall properly dispose of such slashings

and debris without damage to adjoining timber or woods. The foregoing provisions shall not prevent the

leaving of such trees along roads as will be useful for ornamental purposes and which will not interfere with

travel.

Subd.6) Every contract made by or on behalf of any municipality or political subdivision which involves the

cutting of any timber on the right-of-way of a public highway shall provide terms for compliance with the

foregoing provisions, but the failure to include this provision in the contract shall not relieve the contractor from

the duty to dispose of these slashings.

Subd.7) In all cases herein provided for, where timber is not cut in, upon, or adjoining any forest land and no

specific directions are given by the White Earth Natural Resources Department for the disposal of the slashings

and debris resulting there from, all such slashings and debris within 200 feet of any adjoining timber land or any

public highway, railroad, portage, or lake shore shall be properly disposed of by the person by or for whom the

timber was cut.

Subd.8) No sawdust, shavings, chips, bark, edgings, slabs, or other combustible refuse that the White Earth

Natural Resources Department or an agent of the White Earth Natural Resources Department determines to be a

wildfire hazard shall be made or deposited upon any public highway or portage, railroad, or lake shore, or

within 100 feet thereof.

C.C. 603.06 Starting Fires; Burners, Failure to Report a Fire

Subd.1) Except as provided in Subd.2 (a), it shall be unlawful to start or have any open fire without the written

permission of the White Earth Natural Resources Department or an authorized fire warden.

Subd.2) No permit is required for the following fires:

a) A fire started when the ground is snow-covered.

b) A camp/ceremonial fire.

c) A fire contained in a charcoal grill, camp stove, or other device designed for the purpose of cooking

or heating.

d) An open fire to burn dried vegetative materials and other materials allowed by White Earth

ordinances and in a burner of a design which has been approved by the WETFP and with which there

is no combustible material within five feet of the base of the burner and is in use only between the

hours of 6:00 p.m. and 8:00 a.m. of the following day, when the ground is not snow-covered.

e) For home heating purposes.

Subd.3) The occupant of any property upon which any unauthorized fire is burning, whether the fire was

started by the occupant or otherwise, shall promptly report the fire to the nearest forestry office, fire department,

or other proper authority. Failure to make this report shall be considered a violation of these regulations.

Subd.4) A permit to start a fire to burn vegetative materials and other materials allowed by these regulations or

derivative regulations may be given by the White Earth Natural Resources Department or the White Earth

Natural Resources Department agent or designee and shall be signed by said officer. The permit shall also

specifically list the materials that may be burned. The permittee must have the permit on his or her person and

shall produce the permit for inspection when requested to do so by the White Earth Natural Resources

Department. The permittee shall remain with the fire at all times and before leaving the site shall completely

extinguish the fire. A person shall not start or cause a fire to be started on any land that is not owned or under

their legal control without the written permission of the owner, lessee, or an agent of the owner or lessee of the

land. Violating or exceeding the permit shall constitute a violation of these regulations.

C.C. 603.07 Fire Wardens

Subd.1) The White Earth Natural Resources Department may appoint a responsible person(s) to be fire

wardens in their respective areas.

C.C. 603.08 Wildfire Prevention; Prohibitions

Subd.1) Road Closure. When the White Earth Natural Resources Department shall determine that conditions

conducive to wildfire hazards exist in the wildfire areas of the Reservation and that the presence of persons in

the wildfire areas tends to cause wildfire hazards, render forest trails impassable by driving thereon during wet

seasons and hampers the effective enforcement of White Earth Band timber trespass and game laws, the White

Earth Natural Resources Department may, by written order, close any road or trail leading into any land used

for any conservation purposes, to all modes of travel except that considered essential such as residents traveling

to and from their homes or in other cases to be determined by the authorized forest officers assigned to guard

the area.

C.C. 700.00 Raptor Provisions

C.C. 701.00 Eagles

Subd.1) It is prohibited for any person to take or transport any bald eagle or any golden eagle, or the parts,

nests, or eggs of such birds at any time or in any manner, except on the provision of the Indian Freedom of

Religion Act, or permitted under the terms of a valid permit issued pursuant to the provisions in C.C. 701.01,

Eagle Permit and Eagle Feather Bank.

Subd.2) It is prohibited for any person to barter, trade, sell, purchase, offer for sale, export or import any bald

eagle or any golden eagle, or the parts, nests, or eggs of such birds at any time or in any manner.

Subd.3) It is prohibited for any person to pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect,

molest, or disturb any bald eagle or any golden eagle or its nests or eggs at any time or in any manner.

Subd.4) It is prohibited to place a road or building within one-half (1/2) of a mile from an established eagle’s

nest.

C.C. 701.01 Eagle Permit and Eagle Feather Bank

Subd.1) If any eagles are found dead within the boundaries of the Reservation caused by natural causes or

accidental death, that eagle must be turned over to the White Earth Conservation Department for documentation

of death. A report and autopsy must be conducted by the U.S. Fish and Wildlife Service. The eagle will be sent

back to the Reservation and be given back to the party that found the eagle or be put into an eagle feather bank

for religious or ceremonial purposes.

Subd.2) The White Earth Reservation Tribal Council may, upon receipt of an application and in accordance

with the issuance criteria of this Section, issue a permit authorizing possession or transportation of bald eagles

or golden eagles or its parts. Requirements of the permit are as follows:

a) Fill out Application

b) State the number of eagle feathers and the purpose for which they will be used; religious or

ceremonial.

c) Applicant must attach a certification from the Bureau of Indian Affairs that the applicant is an

enrolled member of a federally recognized tribe.

d) State the local area where the majority of his/her religious practices take place.

e) The applicant must be sponsored, in writing or in person, by a known spiritual leader or medicine

man that the applicant participates in such ceremonies.

Subd.3) Applications for permits may be picked up at the White Earth Conservation Department.

Subd.4) The permits are not transferable, except such birds or its parts may be handed down from generation to

generation or from one Indian to another in accordance with tribal or religious customs.

C.C. 702.00 Commercial Uses of Feathers

Subd.1) Any person may possess, purchase, sell, barter, or transport for the making of fishing flies, bed pillows,

and mattresses, and for similar commercial uses the feathers of migratory game bird (ducks, geese, brant and

swans) killed by hunting under this part, or seized and condemned by the White Earth Reservation Natural

Resources Department or the White Earth Reservation Conservation Department, except that:

a) No person may purchase, sell, barter, or offer to purchase, sell, or barter for millinery or ornamental

use the feathers of migratory game birds taken under authority of this part; and

b) No person may purchase, sell, barter, or offer to purchase, sell, or barter mounted specimens of

migratory game birds taken under authority of this part.

C.C. 800.00 Recreational Vehicle Provisions

C.C. 801.00 Boats and Watercraft Registration Provisions

C.C. 801.01 Boats and Watercraft Registration

Subd.1) It is prohibited to operate an unlicensed boat or watercraft on any body of water within the exterior

boundaries of the White Earth Reservation, except a canoe that’s used specifically for ricing or waterfowl

hunting. Non-motorized watercrafts 9 feet in length or less are exempt from the registration requirements.

Subd.2) Failure to display a valid registration is prohibited within the exterior boundaries of the White Earth

Reservation.

Subd.3) Failure to notify the White Earth Licensing Department of transfer of boats and watercraft ownership is

prohibited.

Display of numbers/letters

▪

Registration numbers must be painted or permanently attached to each side of the forward half of the

vessel.

The numbers and letters must be of a contrasting color to the background color of the vessel.

A valid White Earth registration decal must be affixed to the rear of the vessel and within four inches of

the license number area.

Lettering/numbering must be in plain, vertical block characters of not less than 3 inches in height.

Spaces and or hyphens between letter and number groupings must be equal to the width of a letter other

than “I” or a number other than “1”.

No other number, letter, or design may appear within 24 inches of the license number or decal.

Starboard (right) side

3”{

WE 1234

White Earth

Registration

Decal

←Front of vessel

Front of vessel→

Port (left) side

White Earth

Registration#

Type of craft

(Place of

from

registration)

Decal

\___________________________________________/

License number area

3”{ WE 1234

White Earth

Registration#

Type of craft

(Place of

from

registration)

Decal

\___________________________________________/

License number area

White Earth

Registration

Decal

Watercraft types

MB-motorized boat or watercraft

PW-personal watercraft (i.e.; jet skis)

AV-amphibious vehicle (i.e.; Argo)

NM-non motorized boat or watercraft

▪

The registration number issued to your craft appears on the registration decal.

If your canoe, kayak, rowing shell, paddle boat, sailboard, or sailboat doesn’t have a motor, place the

registration decal on each side of the forward half of the craft. No 3 inch numbers are necessary. (See

illustration below)

▪

You may also place the registration decal on the stern if it is impossible, because of the boat’s design, to

place them on the bow.

C.C. 801.02 Boats and Watercraft Rules and Regulations

Subd.1) It is prohibited to operate boats and watercrafts in a careless manner, or in disregard for the rights and

safety of others.

Subd.2) It is prohibited to operate boats and watercrafts in such a manner that its wake or wash endangers,

harasses, or unnecessarily interferes with other people or the property of others.

Subd.3) It is prohibited to operate boats and watercrafts within an area legally marked or set aside as a

swimming area, or within150 feet of a ‘Diver Warning’ flag.

Subd.4) An operator must stop his/her boat and/ or watercraft when signaled to do so by a Tribal Conservation

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