# White Earth Reservation

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URL: https://www.frixlaw.com/law-library/documents/tribal%3Aminn_chippewa_white_earth%3A3394d2805ebd3036

## Record

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

## Text

White Earth Reservation

Tribal Conservation Code
General

2

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.

3

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C.C. 100.02 Prior Inconsistent Ordinances Repealed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
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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
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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
6

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
7

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.

8

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.
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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.
10

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.
11

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.
12

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
13

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
14

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.
15

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.
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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.

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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.
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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.
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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.

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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.

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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.
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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.
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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.

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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.
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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.
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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.

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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.

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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.
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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
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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.
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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.

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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

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34

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.

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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.

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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.
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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.

38

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.
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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
40

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.
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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.

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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.

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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.
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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.

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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.

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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.
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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
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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.

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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.
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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.
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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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aminn_chippewa_white_earth%3A3394d2805ebd3036. Public record. Not legal advice.