Oneida Business Committee (2025)

Tribal code

Ask Donna

What actually matters in this document.

Text

1 of 130

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA REVISED

Business Committee Conference Room - 2nd Floor Norbert Hill Center

May 21, 2025

9:00 a.m.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved

1. May 7, 2025 LOC Meeting Minutes (pg. 2)

III.

Current Business

1. Hunting, Fishing, and Trapping Law Amendments (pg. 5)

2. Landlord Tenants Law Amendments (pg. 61)

3. Workplace Violence Law Amendments (pg. 97)

IV.

New Submissions

1. Election Law Emergency Amendments (pg. 126)

Additions

1. Rescheduled Summer LOC Community Meeting Notice (pg. 129)

VI.

Administrative Updates

VII.

Executive Session

VIII. Recess/Adjourn

A good mind. A good heart. A strong fire.

2 of 130

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

OODDDO

PO Box 365 • Oneida, WI 54155‐0365

ONEIDA

Oneida‐nsn.gov

LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES

Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center

May 7, 2025

9:00 a.m.

Present: Jameson Wilson, Jennifer Webster, Marlon Skenandore, Kirby Metoxen

Excused: Jonas Hill

Others Present: Clorissa N. Leeman, Grace Elliott, Carolyn Salutz, Shad Webster

Others Present on Microsoft Teams: David P. Jordan, Janice Decorah, Rae Skenandore, Eric

Boulanger, Katsitsiyo Danforth, Kristal Hill, Fawn Cottrell, Sarah White, Ralinda NinhamLamberies, Eric McLester, Kaylynn Gresham, Fawn Billie, Shannon Stone, Michelle Tipple,

Nicole Rommel, Hon. Patricia Hoeft, Matthew Denny

Call to Order and Approval of the Agenda

Jameson Wilson called the May 7, 2025, Legislative Operating Committee meeting to

order at 9:00 a.m.

Motion by Marlon Skenandore to approve the agenda; seconded by Jennifer Webster.

Motion carried unanimously.

II.

Minutes to be Approved

1. April 16, 2025 LOC Meeting Minutes

Motion by Jennifer Webster to approve the April 16, 2025 LOC meeting minutes and

forward to the Oneida Business Committee; seconded by Marlon Skenandore. Kiry

Metoxen abstained. Motion carried.

III.

Current Business

1. Oneida Nation Law Enforcement Ordinance Amendments

Motion by Kirby Metoxen to approve the adoption packet for the Oneida Nation Law

Enforcement Ordinance Amendments and forward to the Oneida Business Committee for

consideration; seconded by Jennifer Webster. Motion carried unanimously.

2. Hunting, Fishing, and Trapping Law Amendments

Motion by Jennifer Webster to approve the draft of proposed amendments to the Hunting,

Fishing, and Trapping law and direct that a legislative analysis be completed; seconded by

Marlon Skenandore. Motion carried unanimously.

GOOOQO;

3. Landlord Tenant Law Amendments

A good mind. A good heart. A strong fire.

Legislative Operating Committee Meeting Minutes of May 7, 2025

Page 1 of 3

ONEIDA

3 of 130

Motion by Jennifer Webster to accept the public comments and the public comment review

memorandum and defer to a work meeting for further consideration; seconded by Kirby

Metoxen. Motion carried unanimously.

4. Workplace Violence Law Amendments

Motion by Jennifer Webster to approve the draft of proposed amendments to the Workplace

Violence Law and direct that a legislative analysis be completed; seconded by Marlon

Skenandore. Motion carried unanimously.

IV.

New Submissions

1. Oneida Worker’s Compensation Law Amendments

Motion by Jennifer Webster to add the Oneida Worker’s Compensation Law to the Active

Files List with Marlon Skenandore as the sponsor; seconded by Kirby Metoxen. Motion

carried unanimously.

2. Petition: S. Benton – Personnel Policies and Procedures Amendments #2025-01

Motion by Kirby Metoxen to add the Petition: S. Benton – Personnel Policies and

Procedures Amendments to the Active Files List with Jameson Wilson as the sponsor;

seconded by Jennifer Webster. Motion carried unanimously.

Motion by Jennifer Webster to accept the Petition: S. Benton – Personnel Policies and

Procedures Amendments status update memorandum and forward to the Oneida Business

Committee; seconded by Kirby Metoxen. Motion carried unanimously.

3. Petition: S. Benton – Trial Court Rules Amendments #2025-02

Motion by Jennifer Webster to add the Petition: S. Benton – Trial Court Rules

Amendments with Jameson Wilson as the sponsor; seconded by Kirby Metoxen. Motion

carried unanimously.

Motion by Jennifer Webster to accept the Petition: S. Benton – Trial Court Rules

Amendments status update memorandum and forward to the Oneida Business Committee;

seconded by Kirby Metoxen. Motion carried unanimously.

4. Judiciary Law Amendments

Motion by Jennifer Webster to add the Judiciary Law Amendments to the Active Files List

with Jameson Wilson as the sponsor; seconded by Marlon Skenandore. Kirby Metoxen

opposed. Motion carried.

5. Data Sovereignty Law

Motion by Jennifer Webster to add the add the Data Sovereignty Law to the Active Files

List with Jameson Wilson as the sponsor; seconded by Marlon Skenandore. Motion carried

unanimously.

Legislative Operating Committee Meeting Minutes of May 7, 2025

Page 2 of 3

4 of 130

Additions

VI.

Administrative Updates

1. E-Poll Results: Approval of the LOC and LRO FY 2025 Semi-Annual Reports for

GTC

Motion by Jennifer Webster to enter into the record the results of the April 21, 2025, e-poll

entitled, Approval of the LOC and LRO FY 2025 Semi-Annual Reports for GTC; seconded

by Kirby Metoxen. Motion carried unanimously.

2. E-Poll Results: Approval of the Sanctions and Penalties Law Public Meeting

Packet and Summer LOC Community Meeting Notice

Motion by Jennifer Webster to enter into the record the results of the May 1, 2025, e-poll

entitled, Approval of the Sanctions and Penalties Law Public Meeting Packet and Summer

LOC Community Meeting Notice; seconded by Marlon Skenandore. Motion carried

unanimously.

3. LOC Fiscal Year 2025 Second Quarter Report

Motion by Jennifer Webster to approve the LOC Fiscal Year 2025 Second Quarter Report

and forward to the Oneida Business Committee; seconded by Kirby Metoxen. Motion

carried unanimously.

VII.

Executive Session

VIII. Adjourn

Motion by Jennifer Webster to adjourn at 9:44 a.m.; seconded by Marlon Skenandore.

Motion carried unanimously.

Legislative Operating Committee Meeting Minutes of May 7, 2025

Page 3 of 3

5 of 130

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

=DODDOO

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

Legislative Operating Committee

May 21, 2025

Hunting, Fishing, and Trapping Law

Amendments

Submission Date: 12/7/22

LOC Sponsor: Jonas Hill

Public Meeting: N/A

Emergency Enacted: N/A

Summary: This item was carried over from last term. On August 10, 2022, the OBC made a motion

“to direct the General Manager to complete the assessment regarding the feasibility of the Environmental,

Health, Safety, Land, & Agriculture Division taking on the roles of the Environmental Resources Board

and for the assessment to be submitted at the second meeting Business Committee meeting in September”.

In short, the GM concluded that although changes were necessary to those Oneida laws that delegated the

authority and responsibility to the Environmental Resources Board (ERB), those responsibilities that were

jointly executed by the ERB and Environmental, Health, Safety, and Land Division (EHSLA), could be

assumed by EHSLA. Additionally, for those duties that delegated ERB the power and duty to carry out the

intent and purposes of the law, including enforcement, those responsibilities could be delegated to EHSLA

and/or the Land Commission.

On September 28, 2022, the OBC made a motion to accept the Environmental, Health, Safety, Land, and

Agriculture Environmental Resource Board assessment; to recommend the dissolution the Environment

Resource Board; and to direct Chief Counsel to bring back a report in 45 days on actions that need to

take place in order to complete the dissolution of the Environmental Resource Board including

amendments to laws and addressing any background material. The Oneida Law Office provided this report

to the Oneida Business Committee on November 29, 2022.

This item was then added to the Active Files List on December 7, 2022, in an effort to make amendments

to address the dissolution of the Environmental Resources Board, and transition the Board’s

responsibilities to the Environmental, Health, Safety, Land and Agriculture Division and/or the Oneida

Land Commission.

12/7/22 LOC: Motion by Jennifer Webster to add the Hunting, Fishing, and Trapping law amendments to

the Active Files List with Kirby Metoxen as the sponsor; seconded by Marie Cornelius. Kirby

Metoxen abstained. Motion carried.

10/4/23 LOC: Motion by Jennifer Webster to add the Hunting, Fishing, and Trapping Law Amendments to

the Active Files List with Jonas Hill as the sponsor; seconded by Marlon Skenandore. Motion

carried unanimously.

1/3/24:

Work Meeting. Present: Jameson Wilson, Marlon Skenandore, Jennifer Webster, Jonas Hill,

Kirby Metoxen Clorissa Leeman, Grace Elliott, Kristal Hill, Maureen Perkins, Fawn Cottrell.

The purpose of this work meeting was for Jonas Hill to provide an update on a meeting he had

with EDSLAD Division Director regarding the division taking on the responsibilities of ERB.

Page 1 of 3

A good mind. A good heart. A strong fire.

6 of 130

4/3/24 LOC:

Motion by Jennifer Webster to approve the Legislative Operating Committee community

meeting notice and schedule the community meeting to take place on June 5, 2024; seconded

by Jonas Hill. Motion carried unanimously.

5/1/24 LOC:

Motion by Jennifer Webster to approve the revised LOC community meeting notice and

reschedule the community meeting to take place on June 4, 2024.; seconded by Kirby

Metoxen. Motion carried unanimously.

5/10/24:

Work Meeting. Present: Jameson Wilson. Kirby Metoxen, Jennifer Webster, Jonas Hill,

Marlon Skenandore, Clorissa Leeman, Carolyn Salutz, Grace Elliott, Maureen Perkins, Fawn

Cottrell, Kristal Hill. The purpose of this meeting was to discuss the fact that the June 4th

community meeting and the fact that there is a budget meeting scheduled the same day and

determine whether we want to continue with holding this community meeting. The LOC

decided to proceed with the community meeting as scheduled.

5/30/24:

Work Meeting. Present: Jameson Wilson. Kirby Metoxen, Jennifer Webster, Jonas Hill,

Clorissa Leeman, Fawn Cottrell, Kristal Hill, Maureen Perkins. The purpose of this work

meeting was to prepare for the June 4, 2024, LOC community meeting and come up with

potential discussion questions.

6/4/24:

Community Meeting. Present: Jameson Wilson, Kirby Metoxen, Jennifer Webster, Jonas Hill,

Clorissa Leeman, Grace Elliott, Fawn Cottrell, Fawn Billie, Kristal Hill, Maureen Perkins,

Marena Bridges, Ike Jordan, Jurt Jordan, Carl Jordan, Bonnie Pigman, Margaret King, Denise

Johnson, Jeff Jordan, Francis Cornelius, Duane Skenandore Jr., Sidney White, Louis Clark,

Tsyoshaat Delgado, Kristin Skenandore, Shad Webster, Chris Jordan, Lois Strong, Xavier

Horkman, Lisa Summers, and others. The Legislative Operating Committee held a community

meeting in the NHC’s cafeteria from 5:30 p.m. through 7:30 p.m. regarding the Hunting,

Fishing, and Trapping law amendments and a new Guardianship law.

12/9/24:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Marlon Skenandore,

Clorissa Leeman, Mark Powless, Eric McLester, Shad Webster, Terry Metoxen, Eric

Boulanger, Joel Maxam, Ronald King Jr., Nicole Rommel, Maureen Perkins, Kristal Hill,

Fawn Cottrell, Fawn Billie. The purpose of this work meeting was to read through the law and

begin discussions on potential amendments to be made to the law.

1/14/25:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Marlon Skenandore,

Clorissa Leeman, Eric McLester, Shad Webster, Terry Metoxen, Joel Maxam, Ronald King

Jr., Kelly McAndrews, Maureen Perkins, Kristal Hill, Fawn Cottrell,. The purpose of this

work meeting was to read through the proposed amendments to the law discussed during the

last work meeting, and continue discussions on potential amendments to be made to the law.

2/3/25:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Kirby Metoxen, Jonas Hill,

Clorissa Leeman, Kristal Hill, Maureen Perkins, Grace Elliott, Carolyn Salutz, Fawn Billie.

The purpose of this work meeting was to select the topics for the March 5th LOC community

meeting. The LOC decided the topics to be discussed should include: Elder Protection law,

Indian Preference in Contracting law amendments, and Hunting, Fishing, and Trapping law

amendments.

2/24/25:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Marlon Skenandore,

Kirby Metoxen, Clorissa Leeman, Mark Powless, Eric McLester, Shad Webster, Terry

Metoxen, Eric Boulanger, Joel Maxam, Ronald King Jr., Kristal Hill, Fawn Cottrell. The

purpose of this work meeting was to continue reading through the proposed amendments to

the law and continue discussions on potential amendments to be made to the law.

3/5/25:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Metoxen, Clorissa

Leeman, Shad Webster, Nicole Rommel, Grace Elliott, Carolyn Salutz, Fawn Cottrell, Fawn

Billie. The purpose of this work meeting was to review the PowerPoint presentation for the

A good mind. A good heart. A strong fire.

Page 2 of 3

ONEIDA

7 of 130

March 19th LOC community meeting. Shad also went over some ideas for how the Department

can better handle licensing in the future.

4/16/25:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Marlon Skenandore,

Clorissa Leeman, Grace Elliott, Carolyn Salutz, Kristal Hill, Fawn Cottrell, Fawn Billie. The

purpose of this work meeting was to review and finalize the draft of the proposed amendments

to the Hunting, Fishing, and Trapping law.

5/1/25:

Work Meeting. Present: Clorissa Leeman, Shad Webster. The purpose of this work meeting

was to collect some of Conservation’s final comments on the proposed draft of amendments

to the law.

5/7/25 LOC:

Motion by Jennifer Webster to approve the draft of proposed amendments to the Hunting,

Fishing, and Trapping law and direct that a legislative analysis be completed; seconded by

Marlon Skenandore. Motion carried unanimously.

Next Steps:

 Approve the updated draft and legislative analysis.

A good mind. A good heart. A strong fire.

Page 3 of 3

ONEIDA

8 of 130

Draft 2 (Redline to Draft 1)

2025 05 21

Title 4. Environment and Natural Resources – Chapter 406

Lutol@tha>, Latsyw@aha> O>kh@le Atlist@y< Tsi> Kayanl^hsla

Our laws concerning hunting, fishing and trapping

HUNTING, FISHING, AND TRAPPING

406.1.

406.2.

406.3.

406.4.

406.5.

Purpose and Policy

Adoption, Amendment, Repeal

Definitions

Jurisdiction

Administration and Supervision

406.6.

406.7.

406.8.

406.9.

406.10.

Licenses and Permits

General Regulations

Wildlife Damage and Nuisance Control

Hunting

Enforcement and Penalties

406.1.

Purpose and Policy

406.1-1. Purpose. The purpose of this law is to protect and conserve wildlife on the reservation

and to promote respect among sportsmen for both the environment and fellow sportsmen.

406.1-2. Policy. It is the policy of the Nation to provide:

(a) An adequate and flexible system for the protection, management, supervision,

conservation, and enhancement of all wildlife and natural resources on the reservation; and

(b) An enforceable system of licensing and permitting which establishes clear rules

pursuant to the Administrative Rulemaking law related to hunting, fishing, and trapping,

and associated fines and penalties for violations of this law and the said rules.

406.2.

Adoption, Amendment, Repeal

406.2-1. This law was adopted by the Oneida Business Committee by resolution BC-808-31-94C, and amended by resolutions BC-404-24-96-A, BC-707-22-98-A, BC-09-13-00-D, BC-606-0403-A, BC- 606-30-04-I, BC-707-13-05-E, BC-808-29-07-F, BC-06-24-09-E, BC-08-26-10-I, BC12-14-11-E, BC-05-22-13-A, BC-01-25-17-D, BC-07-26-17-F, and BC-__-__-__-__.

406.2-2. This law may be amended or repealed by the Oneida Business Committee and/or the

General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.

406.2-3. Should a provision of this law or the application thereof to any person or circumstances

be held as invalid, such invalidity shall not affect other provisions of this law which are considered

to have legal force without the invalid portions.

406.2-4. In the event of a conflict between a provision of this law and a provision of another law,

the provisions of this law shall control.

406.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

406.3.

Definitions

406.3-1. This section shall govern the definitions of words and phrases used within this law. All

words not defined herein shall be used in their ordinary and everyday sense.

(a) “Aircraft” means a conveyance that can travel through the air and that is supported

either by its own lightness or by the action of the air against its surfaces. The term includes

hovercraft and both manned aircraft such as airplanes and helicopters and unmanned

aircraft such as drones.

(b) “Barrel length” means the length of a gun’s barrel as measured from the muzzle to

the firing pin with the action closed, or from the muzzle to the breech face.

condition.

(d) “Daily bag limit” means the maximum number of a species of wildlife that a person

may take during a twenty-four (24) hour period measured from midnight to midnight.

4 O.C. 406 – page 1

9 of 130

Draft 2 (Redline to Draft 1)

2025 05 21

(e) “Department” means the Oneida Conservation Department.

(f) “Dependent” means a person under the age of eighteen (18) who is the child or stepchild of a Tribal member or who lives with a Tribal member for more than half of the year.

(g) “Descendant” means a person who is registered with, and recognized by, the Oneida

Trust Enrollment Department as being the descendant of an enrolled member of the Nation.

(h) “Designated hunter” means the person named by a permittee as authorized to harvest

wildlife on behalf of the permittee pursuant to the permit held by the permittee.

(i) “Elder” means any person fifty-five (55) years of age or older.

(j) “Endangered or threatened” means any species of wildlife within the reservation in

danger of extinction or likely to become in danger of distinction as recognized by the

Department and under federal law.

(k) “Fine” means a monetary punishment issued to a person violating this law and/or the

rules created pursuant to this law.

(l) “Fishing” means the taking, capturing, harvesting, or attempting to take, capture or

harvest fish of any variety in any manner.

(m) “Great bodily harm” means bodily injury which creates a substantial risk of death, or

which causes serious permanent disfigurement, or which causes a permanent or protracted

loss or impairment of the function of any bodily member or organ or other serious bodily

injury.

(n) “Hunt” or “Hunting” means shooting, shooting at, pursuing, taking, attempting to

take, catch, harvest or attempting to harvest any wildlife.

(o) “License” means a written document issued by the Department granting authority to

engage in specific activities covered under this law and the rules created pursuant to this

law.

(p) “Loaded” means any firearm containing a cartridge in the chamber or any firearm

containing a cartridge or cartridges in the attached cylinder, magazine, or clip.

(1) Muzzleloading firearms may not be considered loaded if a percussion cap is not

covering the percussion nipple or .209 primers are not in the receiver.

(2) Flint lock muzzleloading firearms may not be considered loaded if the flash pan

is cleaned of powder.

(q) “Nation” means the Oneida Nation.

(r) “Non-Indian” means a person who is not a member of any federally recognized

Indian tribe, band, or community.

(s) “Non-Member Indian” means a person who is a member of a federally recognized

Indian tribe, band, or community other than this Nation.

(t) “Nuisance Animal” means any wildlife causing and one (1) or combination of the

following:

(1) Damage to property;

(2) Damage to or endangered or threatened species of wildlife and/or plants;

(3) Depredation of crops and/or livestock; or

(4) Health and/or safety risks posed to persons.

(u) “Penalty” means a punishment, other than a fine, imposed on a person violating this

law and/or the rules created pursuant to this law and may include, but is not limited to, the

confiscation of equipment and/or wildlife, the imposition of a wildlife protection

assessment (civil recovery value), revocation and/or ineligibility for licenses and/or

permits for a specified period of time, and restitution.

(v) “Permit” means a document, stamp or tag authorizing a specific activity which is

4 O.C. 406 – page 2

10 of 130

Draft 2 (Redline to Draft 1)

2025 05 21

100

101

102

103

104

105

106

107

108

109

110

111

112

113

114

115

116

117

118

119

120

121

122

123

124

125

126

127

128

129

130

131

132

issued by the Department to the holder of a license.

(w) “Protected species” means any species of wildlife that is not endangered or

threatened, but for the Department has established seasons, daily bag limits, or otherwise

restricted the taking of.

(x) “Reservation” means all the property within the exterior boundaries of the reservation

of the Nation, as created pursuant to the 1838 Treaty with the Oneida 7 Stat. 566, and any

lands added thereto pursuant to federal law.

(y) “Rule” means a set of requirements, including citation fees and penalty schedules,

enacted by the Department in accordance with the Administrative Rulemaking law based

on authority delegated in this law in order to implement, interpret and/or enforce this law.

(z) “Take” or “Taking” means pursuing, shooting, hunting, fishing, netting (including

placing or setting any net or other capturing device), capturing, harvesting, snaring or

trapping any wildlife, or attempting any of the foregoing.

(aa) “Transport” means to bring or move from one place to another by means of carrying,

dragging, pushing, towing, or storing in or on a vehicle, aircraft or boat.

(bb) “Trapping” means the taking of, or attempting to take, any wildlife by means of

setting or operating any device or mechanism that is designed, built, or made to close upon,

hold fast, snare or otherwise capture wildlife.

(cc) “Tribal land” means any land within the reservation that is held in fee or in trust and

is owned by the Nation, a Tribal member, or a non-member Indian.

(dd) “Tribal member” means an enrolled member of the Nation.

(ee) “Vehicle” means any self-propelled conveyance that derives power from a motor

and is used to transport persons or objects over land, including but not limited to, an

automobile, truck, sport utility vehicle, snowmobile, motorcycle, all-terrain vehicle, moped

or similar conveyance.

(ff) “Warden” means an officer of the Oneida Police Department whose duties include

the protection of wildlife and natural resources.

(gg) “Wildlife” means any non-domesticated mammal, bird, fish, reptile, or amphibian, or

any part or carcass of the same.

406.4.

Jurisdiction

406.4-1. This law applies to the following persons:

(a) All Tribal members,

(b) All non-member Indians,

(1) apply for and receive a license and/or permit, and/or

(2) enter Tribal land,

(d) All persons as otherwise permitted under federal law.

406.4-2. This law applies:

(a) within the boundaries of the Reservation, and

(b) on lands held in trust for the Nation outside the boundaries of the reservation.

406.4-3. Jurisdiction. The Nation has jurisdiction over the management and regulation of the

Nation’s natural resources. However, this law shall not negate the jurisdiction of the State of

Wisconsin in certain instances involving non-member Indians and non-Indians. Thus, to hunt, fish,

or trap on tribal land, non-member Indians and non-Indians shall adhere to the Nation’s license,

permit, and tag requirements and may also be subject to the requirements of the State of

Wisconsin. License and permit holders may not exercise any hunting, fishing, or tapping privileges

4 O.C. 406 – page 3

11 of 130

Draft 2 (Redline to Draft 1)

2025 05 21

133

134

135

136

137

138

139

140

141

142

143

144

145

146

147

148

149

150

151

152

153

154

155

156

157

158

159

160

161

162

163

164

165

166

167

168

169

170

171

172

173

174

175

176

177

178

179

within the Reservation boundaries using a State of Wisconsin license that would amount to greater

privileges than those afforded pursuant to this Law and associated rules.

406.5.

Administration and Supervision

406.5-1. The Department shall protect, manage, supervise, conserve, and enhance all wildlife

within the reservation. The Department shall establish and maintain the rules in accordance with

the Administrative Rulemaking law that are required to implement this law. The Department shall

administer and enforce this law and the rules created pursuant to this law.

406.5-2. Administrative Rulemaking Authority. In addition to any other duties delegated to the

Department under this law, the Department is hereby delegated rulemaking authority in accordance

with the Administrative Rulemaking law to:

(a) Determine the types and number of licenses and permits that may be issued by the

Department, including how many licenses and permits that may be issued to non-Indian

hunters.

(b) Establish a fee schedule and application requirements and deadlines for obtaining

licenses and/or permits.

wildlife, the needs of conservation, and the objective of achieving a fair allocation of the

harvest. Restrictions in such rules may include, but are not limited to, limits related to

gender, species, size, age, and maturity.

(d) Based on the monitoring and supervision of all wildlife, when necessary, declare any

species in need of protection a protected species or an endangered or threatened species,

and thereafter modify or revoke such declarations as may be appropriate.

(e) Fix, shorten, extend, or close seasons and hunting hours on any wildlife.

(1) The rules shall identify designated seasons and/or hunting hours for elder,

disabled, and youth hunts.

(f) Establish and/or modify areas’ territorial limits, including bodies of water or parts

thereof, for any of the following, as may be necessary:

(1) the taking of wildlife;

(2) other specified areas, pursuant to the rules developed by the Department.

(g) Establish methods for checking persons into and out of areas specified under subsection

(f) above.

(h) Regulate the operation of boats upon reservation waters and the operation of vehicles

and aircraft used while hunting, fishing, or trapping.

(i) Regulate and prescribe the means and methods by which wildlife may be taken,

including, but not limited to, the use of:

(1) bait;

(2) decoys;

(3) hunting dogs;

(4) traps;

(5) firearms;

(6) ammunition;

(7) laser sights; and

(8) night vision.

(j) Regulate the transportation, registration, tagging, and storage of all wildlife within the

reservation and the shipment or transportation of wildlife off the reservation.

(k) Prescribe safety and fire control measures and other rules as may be necessary for

4 O.C. 406 – page 4

12 of 130

Draft 2 (Redline to Draft 1)

2025 05 21

180

181

182

183

184

185

186

187

188

189

190

191

192

193

194

195

196

197

198

199

200

201

202

203

204

205

206

207

208

209

210

211

212

213

214

215

216

217

218

219

220

221

222

223

224

225

226

range, forest; or wildlife management, and/or for the safety and welfare of outdoor

recreationists, landowners, lessees, occupants, and the Nation.

(l) Establish a citation schedule that sets the monetary fines and penalties for violations of

this law and/or the rules established pursuant to this law.

(m) Regulate use of recovery and retrieval services and methods.

(n) Regulate the care and husbandry of animals used to hunt or animals used for private

game hunting.

(o) Create other rules as specifically directed throughout this law or as may be necessary

to implement this law.

406.5-3. Oneida Police Department Officers and Wardens. Oneida Police Department officers

and/or wardens shall enforce this law and corresponding rules on the reservation, and accordingly

shall:

(a) Observe persons engaged in hunting, fishing and/or trapping in order to ensure that the

methods and equipment utilized are lawful.

(b) Investigate reports of violations of wildlife and environmental laws, including, but not

limited to, this law and corresponding rules.

(d) Issue warnings and/or citations, which may include fines and/or penalties, for violations

of this law and/or the corresponding rules.

406.6.

Licenses and Permits

406.6-1. Sportsman License.

(a) A sportsman license is required for all persons hunting, fishing, or trapping on Tribal

land, except:

(1) Fishing is permitted without a sportsman license for Tribal members,

dependents, and non-member Indians whom are sixteen (16) years of age or

younger.

(2) Landowners, lessees, and designees with the permission of the landowners or

lessees, may hunt and trap the following species on the property they own or lease,

year-round, without a sportsman license:

(A) coyote;

(B) fox;

(D) woodchuck;

(E) rabbit;

(F) squirrel;

(G) beaver; and

(H) any nuisance animal that is not an endangered or threaten species and

is also not a regulated or protected species.

(b) Anyone born on or after January 1, 1973, shall successfully complete a certified hunter

safety course to be eligible for a sportsman license, except that:

(1) Fishing Only Sportsman License. A sportsman license may be issued which

permits fishing only. In such circumstances, successful completion of a certified

hunter safety course is not required and the Department shall internally record such

licenses as permitting fishing only.

(A) A person issued a “fishing only” sportsman license may not hunt or trap,

or be eligible to hunt or trap, until the licensee provides the Department with

4 O.C. 406 – page 5

13 of 130

Draft 2 (Redline to Draft 1)

2025 05 21

227

228

229

230

231

232

233

234

235

236

237

238

239

240

241

242

243

244

245

246

247

248

249

250

251

252

253

254

255

256

257

258

259

260

261

262

263

264

265

266

267

268

269

270

271

272

proof of successful completion of a certified hunter safety course.

406.6-2. Ceremonial and/or Feast Permit. Tribal members may apply for a ceremonial and/or

feast permit to group hunt wildlife outside of the regular applicable seasons.

(a) When the ceremonial and/or feast permit is for deer hunting, it may only be issued for

antlerless deer.

(b) A ceremonial and/or feast permit may be issued to a group and/or organization meeting

each of the following requirements:

(1) The designee of the group/organization is a Tribal member;

(2) The occasion for the ceremonial and/or feast requiring the hunt out of season is

recognized by the Oneida community; and

(3) The hunt takes place on the reservation.

(1) Named hunters on the ceremonial and/or feast permit; and

(2) Tribal members, descendants, or a spouse to a Tribal member.

(d) The designee of the group ceremonial and/or feast hunt shall notify an Oneida Police

Department officer or warden of the time and place where the hunt will take place no later

than twenty-four (24) hours prior to the hunt. The Oneida Police Department officer or

warden may monitor any portion, or the entirety, of the group ceremonial and/or feast hunt.

406.6-3. Other Permits, Tags and Stamps. In accordance with this law and corresponding rules,

the Department may issue permits authorizing a person to engage in specific hunting, fishing

and/or trapping activities, including nuisance animal removal permits pursuant to section 406.8-2.

406.6-4. It is unlawful for any person to:

(a) Provide false information or fail to report relevant information as requested by the

Department, when applying for a license or permit; or

(b) Aid another in fraudulently securing a license or permit.

406.6-5. Except as provided under sections 406.9-4 and 406.9-6, licenses and/or permits are not

transferable and may not be altered, defaced, or lent to or from another person, any may not be

used by any person other than the person to whom the license and/or permit is issued.

406.6-6. Disabled Hunter Permits. The Department may issue a disabled hunter permit to any

person who is physically disabled, upon a showing of medical verification of a physical disability

that results in mobility issues that makes it necessary for the disabled hunter to hunt from a

stationary vehicle. Disabled hunters shall display the disabled hunter permit sticker in a manner

and location as required by the Department. A disabled hunter permit authorizes a person to hunt

from a stationary vehicle within fifty (50) feet on the center of a road as further detailed in the

rules developed pursuant to this law.

406.6-7. Denial of a License or Permit.

(a) The Department may decline to issue a license and/or permit to an applicant if:

(1) The applicant has unpaid fines, civil assessments, other fees, and/or restitution

owed because of a violation of this law and/or corresponding rules.

(2) At any time and for any reason, the Department determines that issuing the

license and/or permit poses a risk to the health, safety, and/or welfare of the Nation,

to natural resources on the reservation, or to any persons. There is a rebuttable

presumption that an applicant poses such a risk under the following circumstances:

(A) At the time of the request, the applicant’s hunting, fishing, or trapping

license, permit, or related privileges are suspended or revoked in any

jurisdiction.

4 O.C. 406 – page 6

14 of 130

Draft 2 (Redline to Draft 1)

2025 05 21

273

274

275

276

277

278

279

280

281

282

283

284

285

286

287

288

289

290

291

292

293

294

295

296

297

298

299

300

301

302

303

304

305

306

307

308

309

310

311

312

313

314

315

316

317

318

319

(B) Within three (3) years of the request, the applicant has repeatedly and/or

egregiously done any one (1) or more of the following:

(i) violated this law and/or corresponding rules and/or the hunting,

fishing, or trapping laws and regulations of other jurisdictions;

(ii) violated other laws or rules of the Nation while engaged in

hunting, fishing, or trapping activities; or

(iii) demonstrated poor judgment, disregard for safety or

unsportsmanlike behavior while hunting, fishing, or trapping;

including while interacting with other sportsmen or with wardens,

of this jurisdiction or any other.

threatening to impose great bodily harm on another.

(b) Any person who has had a license or permit denied in accordance with section 406.67(a) may appeal the Department’s decision by requesting a hearing before the Trial Court

pursuant to section 406.10-4.

406.7.

General Requirements

406.7-1. Persons may not:

(a) Enter onto private lands and/or waters to take or retrieve wildlife, without permission

from the landowner, lessee, or occupant.

(b) Leave, deposit, place or throw litter, debris, wildlife, or any other waste material, on

the reservation’s lands and waters.

the Department’s decoys placed for law enforcement purposes by Oneida Police

Department officers or wardens or other law enforcement officers, and signs that give

notice of a hunting and/or trespass restriction.

(d) Carelessly waste wildlife. Persons hunting, trapping, or fishing shall make every

reasonable effort to retrieve all wildlife killed or crippled, provided that all persons shall

comply with section 406.7-1(a).

(e) Knowingly disturb any den, nest, lodge, hut, dam, or house that wildlife may build to

shelter themselves and their young.

(f) No person may take, pursue, injure, or harass small game while on or in its nest or den,

or remove any eggs or young except as may be approved in advance by the Department for

activities which may include, but are not limited to, normal agricultural or horticultural

practices or wildlife research practices.

(g) Harvest wildlife with the aid of an explosive, poison, exploding point or tip, electrical

device, or stunning substance or agent.

(h) Take another person’s wildlife or disturb another person’s hunting, fishing, or trapping

equipment without permission; or otherwise interfere with the lawful hunting, fishing, or

trapping of another person.

(i) Stock or possess any live wildlife on the reservation without a permit.

(j) Introduce or release wildlife, fish eggs, or receptacles containing bait, on the

reservation or into reservation waters without a permit.

(k) Use in a reckless manner any device typically used for the harvesting of wildlife,

including but not limited to, firearms, bows, traps, and knives.

(l) Shoot firearms, or place or operate any traps, except live traps, within one hundred

(100) yards of any building structure, unless the owner-occupant, lessee, or tenant has

4 O.C. 406 – page 7

15 of 130

Draft 2 (Redline to Draft 1)

2025 05 21

320

321

322

323

324

325

326

327

328

329

330

331

332

333

334

335

336

337

338

339

340

341

342

343

344

345

346

347

348

349

350

351

352

353

354

355

356

357

358

359

360

361

362

363

364

365

366

given permission.

(m) Use a gas-powered motorboat on the Nation’s waters, except for the Department’s use

for law enforcement and conservation purposes.

(n) Hunt, trap, or possess any hunting, or trapping equipment while on Tribal land where

hunting or trapping is expressly prohibited by the Nation’s laws or rules.

(o) Sell or purchase wildlife that was harvested on the reservation, except as may be

expressly allowed by this law and corresponding rules.

(1) Under no circumstances may trading, gifting, or sharing of wildlife for

traditional or ceremonial purposes be considered a violation of this section.

(p) Refuse to obey an Oneida Police Department officer or warden’s lawful order.

(q) Inflict or threaten to inflict bodily harm upon an Oneida Police Department officer or

warden.

406.7-2. Possession, Registration, and Transportation of Carcasses. No person may hunt, trap,

possess, or transport any wildlife unless they possess the appropriate license and any required

permit, including tags, for harvesting and/or possessing such wildlife.

406.7-3. Any person who accidentally collides with and kills a deer while operating a vehicle on

a roadway may retain possession of the said deer, provided that the person shall have the deer

tagged by the State of Wisconsin.

406.7-4. Carcass Tags. Except as otherwise provided in this law and corresponding rules, any

person hunting a species of wildlife which is required to be tagged, shall possess a valid carcass

tag, and, upon harvest, shall immediately validate and attach the tag to the carcass in such manner

as the Department shall establish in its rules. No person may possess or transport harvested wildlife

that is not properly tagged in accordance with this law and corresponding rules.

406.8.

Wildlife Damage and Nuisance Control

406.8-1. Landowners and lessees may remove wildlife considered a nuisance animal from land

under their control and their associated structures, provided that landowners and lessees shall

satisfy all requirements of this law and corresponding rules, including, but not limited to the

permitted methods of taking and hunting hours. Further, live-captured nuisance animals may not

be relocated to Tribal lands without express written authorization from the Department, and,

similarly, may not be relocated to private property without express written authorization from the

landowner.

406.8-2. Nuisance Animal Removal Permit. A nuisance animal removal permit is required to

hunt, trap, or live-capture and relocate any endangered or threatened and protected species.

(a) In order to be eligible for a nuisance animal removal permit, the applicant shall

demonstrate that:

(1) They have the authority to control hunting and trapping access to the lands

subject to the nuisance or being damaged as well as any contiguous lands. In

circumstances where the contiguous lands are not owned or leased by the applicant,

the applicant shall demonstrate authority to control hunting and trapping access to

the contiguous lands by providing the Department with the property owner’s or

lessor’s written consent;

(2) They are either employing or agree to employ, reasonable alternative abatement

methods to removal;

(3) The wildlife sought to be removed is a nuisance animal and reasonable

alternative abatement methods either have been or are reasonably likely to be

unsuccessful;

4 O.C. 406 – page 8

16 of 130

Draft 2 (Redline to Draft 1)

2025 05 21

367

368

369

370

371

372

373

374

375

376

377

378

379

380

381

382

383

384

385

386

387

388

389

390

391

392

393

394

395

396

397

398

399

400

401

402

403

404

405

406

407

408

409

410

411

412

413

(4) They have complied with this law and corresponding rules and the conditions

of any previously issued nuisance animal removal permit, at a minimum, for the

previous twelve (12) months from the date they apply for the permit;

(5) The nuisance animal removal permit applied for does not conflict with any

provisions of the Nation’s agreement with the United States Fish and Wildlife

Service regarding the taking of birds classified as migratory under 50 CFR 10.13.

(b) Each permittee shall keep a record of all permit activities and shall provide the said

permit record to the Department within ten (10) days of the permit’s expiration. At a

minimum, the permittee shall include in the record any designees assigned under section

406.8-4 and the total number of nuisance animals removed pursuant to the permit, provided

that, the Department may name additional items required to be included in the record. All

permit records may be inspected by the Department at any time.

within ten (10) days of the permit’s expiration.

406.8-3. Nuisance Animal Removal Permit Not Required. A nuisance animal removal permit is

not required if the nuisance animal would otherwise be exempt from the license and permit

requirements under section 406.6-1(a)(2). Also, a nuisance animal removal permit is specifically

not required in following circumstances:

(a) Emergencies. Nuisance animals for which a nuisance animal removal permit is

otherwise required, may be removed without the required permit if such removal is

necessary to maintain a person’s immediate health and safety.

(1) Persons taking a nuisance animal under emergency circumstances shall report

the emergency taking to the Department on the required form available with the

Department.

(2) The Department shall conduct an investigation into the validity of the alleged

emergency circumstance. If the investigation provides clear and convincing

evidence that the taking was not in fact required due to a legitimate threat to a

person’s immediate health and safety, the Department shall classify the taking an

unlawful taking without a permit and shall take the appropriate corrective measures.

406.8-4. Nuisance Animal Removal Designees. A landowner may utilize as designee to remove

a nuisance animal pursuant to the provisions of this law. If the requirements of this law and

corresponding rules are satisfied, the landowner’s nuisance animal removal permit and associated

carcass tags, if applicable, may be utilized by the landowner’s assigned designee.

(a) In order for a designee to be assigned to remove a nuisance animal, the landowner shall

ensure that the following conditions are met:

(1) The designee shall have a valid license for hunting or trapping that nuisance

animal’s species;

(2) The landowner shall grant written permission to the designee specifically

identifying the following:

(A) The location of the nuisance animal where the removal activities are

sought to occur;

(B) An authorized time period for the removal of the nuisance animal; and

pursuant to this law.

(b) The Department may limit the number of persons permitted to assist in a removal.

(b) The landowner or lessee permittee may charge any assigned designee any form of fee.

406.8-5. Annual Migratory Bird Report. Persons killing crows, cowbirds, grackles, and red4 O.C. 406 – page 9

17 of 130

Draft 2 (Redline to Draft 1)

2025 05 21

414

415

416

417

418

419

420

421

422

423

424

425

426

427

428

429

430

431

432

433

434

435

436

437

438

439

440

441

442

443

444

445

446

447

448

449

450

451

452

453

454

455

456

457

458

459

460

winged blackbirds shall provide an annual report to the U.S. Fish and Wildlife Service Region 3

Migratory Bird Permit Office by January 31st of each year for all such takings occurring within

the previous January to December.

406.8-6. Officer or Warden’s Access. Any landowner or lessee pursuing the removal of a

nuisance animal shall grant the Oneida Police Department officers or wardens free and unrestricted

access to the premises on which the said removal is being conducted, is anticipated to be

conducted, or has been conducted. Further, the landowner or lessee, and the landowner’s designee,

if applicable, shall promptly furnish any information requested by a Oneida Police Department

officer or warden relating to the said removal.

406.8-7. Retaining Fur, Carcasses, and other Parts of Nuisance Animals. The following applies

to nuisance animals removed in accordance with this section:

(a) The permittee and each designee assigned under section 406.8-4 may retain no more

than one (1) deer removed pursuant to a nuisance animal removal permit. The Department

shall distribute or dispose of any deer that are not so retained by offering them to Tribal

members in the following order:

(1) Elders;

(2) Disabled persons; and

(3) Any other interested persons.

(b) In order to keep, either for oneself or for sale, the furs of a nuisance animal taken

pursuant to a nuisance animal removal permit, the permittee shall be explicitly and

separately authorized by the permit to retain the wildlife and to sell the wildlife.

order to be removed, may be retained by a landowner, lessee, or assigned designee without

a permit. Provided that the landowner, lessee, or assigned designee shall have a valid

license and/or permit in order to commercialize in, sell, trade, ship, or transport any

wildlife, except that any squirrels’ parts retained may be sold during the closed season.

406.9.

Hunting

406.9-1. General Firearm and Archer Restrictions. Persons may not:

(a) Hunt using any weapon other than a firearm, air rifle, bow, or crossbow that is

authorized under this law and corresponding rules for the taking of a particular species.

(b) Discharge a firearm, air rifle, bow, or crossbow:

(1) Into reservation lakes, reservoirs, or any area designated for public use pursuant

to the Public Use of Tribal Land law, except for the purpose of hunting migratory

birds during established seasons, in accordance with the rules created pursuant to

this law;

(2) Across any roadway; or

(3) Within one hundred (100) yards of any structure, unless the owner-occupant,

lessee, or tenant has granted express permission.

406.9-2. General Hunting Restrictions. Persons may not, unless specifically authorized by a

permit, if applicable, do any of the following:

(a) Hunt with the use of aircraft;

(b) Hunt within fifty (50) feet of the center of a paved road;

(d) Hunt while under the influence of alcohol or a controlled substance;

(e) Hunt with the aid of artificial light, provided that it is permissible to use artificial light

4 O.C. 406 – page 10

18 of 130

Draft 2 (Redline to Draft 1)

2025 05 21

461

462

463

464

465

466

467

468

469

470

471

472

473

474

475

476

477

478

479

480

481

482

483

484

485

486

487

488

489

490

491

492

493

494

495

496

497

498

499

500

501

502

503

504

505

506

507

to find one’s way and while hunting on foot, at the point of harvest of coyote, raccoon, fox,

or any other authorized unprotected species;

(f) Shine between the hours of 10:00 p.m. and sunrise during the months of September,

October, November, and December; during all other months, shining is allowed at any

hour;

(g) Hunt in a party of more than ten (10fifteen (15) persons;

(h) Hunt with, or possess while hunting:

(1) Any firearm for which the possession is unlawful under Wisconsin or Federal

law;

(2) Slugs, except that a person may possess slugs during deer firearm season if they

also possess the required associated permit;

(3) A handgun with a barrel length of less than five (5) inches;

(4) A concealed handgun without a valid permit from the State of Wisconsin;

and/or

(5) Any of the following without a valid federal permit:

(A) A shotgun that has a barrel length of less than eighteen (18) inches or

an overall length of less than twenty-six (26) inches;

(B) A rifle that has a barrel length of less than sixteen (16) inches or an

overall length of less than twenty-six (26) inches;

(D) Any mechanism designed to muffle, silence, or minimize the report of

any firearm.

406.9-3. Injury Causing Incidents. Any person, who discharges a firearm, bow, or crossbow

while hunting and injures another person, shall render or attempt to obtain necessary medical

assistance, provide the injured person with their name and contact information including address,

and report the injury causing incident to either the Department or the Oneida Police Department

as soon as possible.

406.9-4. Designated Hunters. A permittee may name a designated hunter to hunt, fish, or trap

on behalf of the permittee in the event that the permittee is physically or legally unable to take

pursuant to their own permit, provided that, the designated hunter shall provide their name and

contact information to the Department along with a signed statement from the original permittee

naming the designated hunter. The designated hunter shall receive the Department’s approval of

the designation before using the permits of the original permittee.

(a) To be eligible to be named a designated hunter, the named person shall:

(1) Possess a valid hunting license;

(2) Be eligible for the permits for which the person is named the designated hunter;

and

(3) Meet any other requirements of the rules created pursuant to this law.

(b) Designated hunters may hunt for an unlimited number of permittees.

permittee; the designated hunter shall transfer any wildlife taken by designation to the

original permittee’s possession as soon as practicable following the taking.

406.9-5. Age Restrictions.

(a) Persons between the ages of ten (10) and fourteen (14) years old may only hunt if they

have obtained the required license and permits and are under the immediate supervision of

a parent, legal guardian, or a responsible adult to which a parent or legal guardian has

delegated their supervisory responsibilities.

4 O.C. 406 – page 11

19 of 130

Draft 2 (Redline to Draft 1)

2025 05 21

508

509

510

511

512

513

514

515

516

517

518

519

520

521

522

523

524

525

526

527

528

529

530

531

532

533

534

535

536

537

538

539

540

541

542

543

544

545

546

547

548

549

550

551

552

553

554

(1) The parent, legal guardian, or responsible adult shall have a valid license and

any required permits.

(2) Adults accompanying youth hunters pursuant to this section shall remain within

voice and sight contact of the youth hunters at all times.

(b) Tribal members, descendants, non-member Indians and dependents having less than

ten (10) years of age may accompany a mentor while hunting, provided that youth under

the age of ten (10) may not use a weapon during the hunt.

(1) In order to be eligible to be a mentor, the person shall:

(A) Be at least eighteen (18) years old;

(B) Have a valid license and any required permits; and

the hunter’s parent or legal guardian to be the hunter’s mentor

(2) Mentors may mentor a maximum of two (2) youth hunters at the same time;

and

(3) The mentor shall remain within an arm’s grasp of each youth hunter at all times.

406.9-6. Deer Hunting Parties. A deer hunting party consists of a minimum of two (2) people

and may be limited in size as provided in the rules developed pursuant to this law. Any member

of a deer hunting party may harvest deer on behalf of another member of the deer hunting party

under the following circumstances:

(a) At the time and place of the harvest, the member of the hunting party who harvests the

deer shall be in contact with the member of the hunting party on whose behalf the deer was

harvested. For the purpose of this section, contact means visual or voice contact without

the aid of any mechanical or electronic amplifying device other than a hearing aid. Hand

radios are permitted, however may not be used as an acceptable means of contact as

required in this section.

(b) The member of the hunting party for whom the deer was harvested shall possess a valid,

license and carcass tag for the deer.

tag is attached to the deer by a member of the hunting party prior to field dressing and

moving the deer; the member of the hunting party that harvests the deer may not leave said

deer unattended until it has been properly tagged.

406.10. Enforcement and Penalties

406.10-1. Reporting Violations. All persons shall report any violation(s) of this law and/or the

corresponding rules to the Department or the Oneida Police Department. The department receiving

information regarding violations shall keep the information confidential.

406.10-2. Licenses/Permits Suspension, Revocation, and/or Ineligibility. The Department may

suspend, revoke, or deem a party ineligible for a license or permit as a penalty for committing any

of the following acts or any combination thereof:

(a) Has committed an act causing any of their hunting, fishing, or trapping licenses, permits

or privileges to be suspended or revoked by any other jurisdiction, whether it be tribal,

state, or federal, where, for the purposes of this section, a person’s right to possess firearms

is considered a hunting privilege;

(b) Provides false information, or assists other in providing false information, when

applying for a license or permit;

for violating the provisions of this law and/or the corresponding rules; and/or

4 O.C. 406 – page 12

20 of 130

Draft 2 (Redline to Draft 1)

2025 05 21

555

556

557

558

559

560

561

562

563

564

565

566

567

568

569

570

571

572

573

(d) Violates this law and/or the corresponding rules and the violation is one for which the

citation schedule identifies suspension, revocation, or ineligibility of a license or permit as

an available penalty.

406.10-3. Appeal of License and/or Permit Decision. Any person wishing to contest a decision of

the Department related to a license and/or permit may appeal such action by filing a complaint

with the Judiciary Trial Court naming the Department.

406.10-4. Issuance of a Citation. An individual who violates a provision of this law or the

corresponding rules may be subject to the issuance of a citation by a warden or an Oneida Police

Department officer.

(a) A citation for a violation of this law, the corresponding rules, or any orders issued

pursuant to this law may include fines and other penalties, as well as conditional orders

made by the Trial Court.

(b) A citation for a violation of this law shall be processed in accordance with the procedure

contained in the Nation’s laws and policies governing citations.

End.

Adopted - BC-808-31-94-C

Adopted - BC-404-24-96-A

Adopted - BC-07-22-98-A

Amended - BC-09-13-00-D

Amended - BC-606-04-03-A

Amended - BC-606-30-04-I

Amended - BC-707-13-05-E

Amended - BC-808-29-07-F

Amended - BC-06-24-09-E

Amended - BC-08-26-10-I

Emergency Amended - BC-06-22-11-H (Expired)

Amended – BC-12-14-11-E

Amended – BC-05-22-13-A

Amended – BC-01-25-17-D

Amended – BC-07-26-17-F

Amended – BC-__-__-__-__

4 O.C. 406 – page 13

21 of 130

Draft 2 (Redline to Current)

2025 05 21

Title 4. Environment and Natural Resources – Chapter 406

HUNTING, FISHING AND TRAPPING

Lutol@tha>, Latsyw@aha> O>kh@le Atlist@y< Tsi> Kayanl^hsla

Our laws concerning hunting, fishing and trapping

HUNTING, FISHING, AND TRAPPING

406.1.

406.2.

406.3.

406.4.

406.5.

Purpose and Policy

Adoption, Amendment, Repeal

Definitions

Jurisdiction

Administration and Supervision

406.6.

406.7.

406.8.

406.9.

406.10.

Licenses and Permits

General Regulations

Wildlife Damage and Nuisance Control

Hunting

Enforcement and Penalties

406.1.

Purpose and Policy

406.1-1. Purpose. The purpose of this law is to protect and conserve wildlife on the reservation

and to promote respect among sportsmen, respect for both the environment and fellow sportsmen.

406.1-2. Policy. It is the policy of this lawthe Nation to provide:

(a) An adequate and flexible system for the protection, management, supervision,

conservation, and enhancement of all wildlife and natural resources on the reservation; and

(b) An enforceable system of licensing and permitting which establishes clear rules

pursuant to the Administrative Rulemaking law related to hunting, fishing, and trapping,

and associated fines and penalties for violations of this law and the said rules.

406.2.

Adoption, Amendment, Repeal

406.2-1. This law was adopted by the Oneida Business Committee by resolution BC-08-31-94C, and amended by resolutions BC-04-24-96-A, BC-07-22-98-A, BC-09-13-00-D, BC-06-04-03A, BC- 06-30-04-I, BC-07-13-05-E, BC-08-29-07-F, BC-06-24-09-E, BC-08-26-10-I, BC-12-1411-E, BC-05-22-13-A, BC-01-25-17-D and, BC-07-26-17-F ., and BC-__-__-__-__.

406.2-2. This law may be amended or repealed by the Oneida Business Committee and/or the

General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.

406.2-3. Should a provision of this law or the application thereof to any person or circumstances

be held as invalid, such invalidity shall not affect other provisions of this law which are considered

to have legal force without the invalid portions.

406.2-4. In the event of a conflict between a provision of this law and a provision of another law,

the provisions of this law shall control.

406.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

406.3.

Definitions

406.3-1. This section shall govern the definitions of words and phrases used within this law. All

words not defined herein shall be used in their ordinary and everyday sense.

(a) “Aircraft” means a conveyance that can travel through the air and that is supported

either by its own lightness or by the action of the air against its surfaces. The term includes

hovercraft and both manned aircraft such as airplanes and helicopters and unmanned

aircraft such as drones.

(b) “Barrel Lengthlength” means the length of a gun’s barrel as measured from the

muzzle to the firing pin with the action closed, or from the muzzle to the breech face.

Environmental Resources Boardphysical condition.

(d) “Daily Bag Limitbag limit” means the maximum number of a species of wildlife that

4 O.C. 406 – page 1

22 of 130

Draft 2 (Redline to Current)

2025 05 21

a person may take during a twenty-four (24) hour period measured from midnight to

midnight.

(e) “Department” means the Oneida Conservation Department.

(f) “Dependent” means a person under the age of eighteen (18) who is the child or stepchild of a Tribal member or who lives with a Tribal member for more than half of the year.

(g) “Designated Hunter(g) “Descendant” means a person who is registered with, and

recognized by, the Oneida Trust Enrollment Department as being the descendant of an

enrolled member of the Nation.

(h) “Designated hunter” means the person named by a permittee as authorized to harvest

wildlife on behalf of the permittee pursuant to the permit held by the permittee.

(hi) “Elder” means any person fifty-five (55) years of age or older.

(ij) “Endangered or Threatenedthreatened” means any species of wildlife within the

reservation in danger of extinction or likely to become in danger of distinction as

recognized by ERB and the Department and under federal law.

(jk) “Fine” means a monetary punishment issued to a person violating this law and/or the

rules created pursuant to this law, which is payable to ERB or the Department within the

amount of time designated by the rules.

(kl) “Fishing” means the taking, capturing, harvesting, or attempting to take, capture or

harvest fish of any variety in any manner.

(l(m) “Great bodily harm” means bodily injury which creates a substantial risk of death,

or which causes serious permanent disfigurement, or which causes a permanent or

protracted loss or impairment of the function of any bodily member or organ or other

serious bodily injury.

(n) “Hunt” or “Hunting” means shooting, shooting at, pursuing, taking, attempting to

take, catch, harvest or attempting to harvest any wildlife.

(mo) “License” means a written document issued by the Department granting authority

to engage in specific activities covered under this law and the rules created pursuant to this

law.

(np) “Loaded” means any firearm containing a cartridge in the chamber or any firearm

containing a cartridge or cartridges in the attached cylinder, magazine, or clip.

(1) Muzzleloading firearms may not be considered loaded if a percussion cap is not

covering the percussion nipple or .209 primers are not in the receiver.

(2) Flint lock muzzleloading firearms may not be considered loaded if the flash pan

is cleaned of powder.

(oq) “Nation” means the Oneida Nation.

(pr) “Non-Indian” means a person who is not a member of any federally recognized

Indian tribe, band, or community.

(qs) “Non-Member Indian” means a person who is a member of a federally recognized

Indian tribe, band, or community other than this Nation.

(rt) “Nuisance Animal” means any wildlife causing and one (1) or combination of the

following:

(1) Damage to property;

(2) Damage to or endangered or threatened species of wildlife and/or plants;

(3) Depredation of crops and/or livestock; or

(4) Health and/or safety risks posed to persons.

(su) “Penalty” means a punishment, other than a fine, imposed on a person violating this

law and/or the rules created pursuant to this law and may include, but is not limited to, the

4 O.C. 406 – page 2

23 of 130

Draft 2 (Redline to Current)

2025 05 21

100

101

102

103

104

105

106

107

108

109

110

111

112

113

114

115

116

117

118

119

120

121

122

123

124

125

126

127

confiscation of equipment and/or wildlife with return of the same at the discretion of ERB,

the imposition of a wildlife protection assessment (civil recovery value), revocation and/or

ineligibility for licenses and/or permits for a specified period of time, and restitution.

(tv) “Permit” means a document, stamp or tag authorizing a specific activity which is

issued by the Department to the holder of a license.

(uw) “Protected Speciesspecies” means any species of wildlife that is not endangered or

threatened, but for which ERBthe Department has established seasons, daily bag limits, or

otherwise restricted the taking of.

(vx) “Reservation” means all the property within the exterior boundaries of the reservation

of the Nation, as created pursuant to the 1838 Treaty with the Oneida 7 Stat. 566, and any

lands added thereto pursuant to federal law.

(wy) “Rule” means a set of requirements, including citation fees and penalty schedules,

enacted by ERB and/or the Department in accordance with the Administrative Rulemaking

law based on authority delegated in this law in order to implement, interpret and/or enforce

this law.

(xz) “Take” or “Taking” means pursuing, shooting, hunting, fishing, netting (including

placing or setting any net or other capturing device), capturing, harvesting, snaring or

trapping any wildlife, or attempting any of the foregoing.

(yaa) “Transport” means to bring or move from one place to another by means of carrying,

dragging, pushing, towing, or storing in or on a vehicle, aircraft or boat.

(zbb) “Trapping” means the taking of, or attempting to take, any wildlife by means of

setting or operating any device or mechanism that is designed, built, or made to close upon,

hold fast, snare or otherwise capture wildlife.

(aacc) “Tribal Landland” means any land within the reservation that is held in fee or in

trust and is owned by the Nation, a Tribal member, or a non-member Indian.

(bbdd) “Tribal Membermember” means an enrolled member of the Nation.

(ccee) “Vehicle” means any self-propelled conveyance that derives power from a motor

and is used to transport persons or objects over land, including but not limited to, an

automobile, truck, sport utility vehicle, snowmobile, motorcycle, all-terrain vehicle, moped

or similar conveyance.

(dd(ff) “Warden” means an officer of the Oneida Police Department whose duties include

the protection of wildlife and natural resources.

(gg) “Wildlife” means any non-domesticated mammal, bird, fish, reptile, or amphibian, or

any part or carcass of the same. 1

406.4.

Jurisdiction

406.4-1. This law applies to the following persons:

(a) All Tribal members,

(b) All non-member Indians,

(1) apply for and receive a license and/or permit, and/or

(2) enter Tribal land,

(d) All persons as otherwise permitted under federal law.

For additional information, please reference the definition of “domestic animal” in the Nation’s Domestic Animal

law; any animal that does not fall into the “domestic animal” classification is considered “wildlife” for the purpose

of this law.

4 O.C. 406 – page 3

24 of 130

Draft 2 (Redline to Current)

2025 05 21

128

129

130

131

132

133

134

135

136

137

138

139

140

141

142

143

144

145

146

147

148

149

150

151

152

153

154

155

156

157

158

159

160

161

162

163

164

165

166

167

168

169

170

171

172

173

174

406.4-2. This law applies:

(a) within the boundaries of the reservationReservation, and

(b) on lands held in trust for the Nation outside the boundaries of the reservation.

406.4-3. Jurisdiction. The Nation has jurisdiction over the management and regulation of the

Nation’s natural resources. However, this law shall not negate the jurisdiction of the State of

Wisconsin in certain instances involving non-member Indians and non-Indians. Thus, to hunt,

fish, or trap on tribal land, non-member Indians and non-Indians shall adhere to the Nation’s

license, permit, and tag requirements and may also be subject to the requirements of the State of

Wisconsin. License and permit holders may not exercise any hunting, fishing, or tapping

privileges within the Reservation boundaries using a State of Wisconsin license that would amount

to greater privileges than those affordafforded pursuant to this Law and associated rules.

406.5.

Administration and Supervision

406.5-1. ERB and theThe Department, shall protect, manage, supervise, conserve, and enhance

all wildlife within the reservation. ERB and theThe Department shall jointly establish and maintain

the rules in accordance with the Administrative Rulemaking law that are required to implement

this law. The Department shall administer and enforce this law and the rules created pursuant to

this law.

406.5-2.

Administrative Rulemaking Authority. In addition to any other duties delegated to

ERB and the Department under this law, jointly, ERB and the Department areis hereby jointly

delegated the rulemaking authority in accordance with the Administrative Rulemaking law to:

(a) Determine the types and number of licenses and permits that may be issued by the

Department, including how many licenses and permits that may be issued to non-Indian

hunters.

(b) Establish a fee schedule and application requirements and deadlines for obtaining

licenses and/or permits.

wildlife, the needs of conservation, and the objective of achieving a fair allocation of the

harvest. Restrictions in such rules may include, but are not limited to, limits related to

gender, species, size, age, and maturity.

(d) Based on the monitoring and supervision of all wildlife, when necessary, declare any

species in need of protection a protected species or an endangered or threatened species,

and thereafter modify or revoke such declarations as may be appropriate.

(e) Fix, shorten, extend, or close seasons and hunting hours on any wildlife. Provided that

ERB and the Department

(1) The rules shall base the open season for theidentify designated seasons and/or

hunting of migratory birds on the Nation’s agreement with the U.S. Fishhours for

elder, disabled, and Wildlife Serviceyouth hunts.

(f) Establish and/or modify areas’ territorial limits, including bodies of water or parts

thereof, for any of the following, as may be necessary:

(1) the taking of wildlife;

(2) other specified areas, pursuant to the rules jointly developed by ERB and the

Department.

(g) Establish methods for checking persons into and out of areas specified under subsection

(f) above.

(h) Regulate the operation of boats upon reservation waters and the operation of vehicles

and aircraft used while hunting, fishing, or trapping.

4 O.C. 406 – page 4

25 of 130

Draft 2 (Redline to Current)

2025 05 21

175

176

177

178

179

180

181

182

183

184

185

186

187

188

189

190

191

192

193

194

195

196

197

198

199

200

201

202

203

204

205

206

207

208

209

210

211

212

213

214

215

216

217

218

219

220

221

(i) Regulate and prescribe the means and methods by which wildlife may be taken,

including, but not limited to, the use of:

(1) bait;,;

(2) decoys;

(3) hunting dogs;

(4) traps;

(5) firearms;

(6) ammunition;

(7) laser sights; and

(8) night vision.

(j) Regulate the transportation, registration, tagging, and storage of all wildlife within the

reservation and the shipment or transportation of wildlife off the reservation.

(k) Prescribe safety and fire control measures and other rules as may be necessary for

range, forest; or wildlife management, and/or for the safety and welfare of outdoor

recreationists, landowners, lessees, occupants, and the Nation.

(l) Establish a process for retention, storage and disposal of items confiscated or turned

over to the Department in accordance with this law and the rules established pursuant to

this law.

(m) (l) Establish a citation schedule that sets the monetary fines and penalties for violations

of this law and/or the rules established pursuant to this law.

(n(m) Regulate use of recovery and retrieval services and methods.

(n) Regulate the care and husbandry of animals used to hunt or animals used for private

game hunting.

(o) Create other rules as specifically directed throughout this law or as may be necessary

to implement this law. ERB shall provide notice of said rules on the Nation’s website and

ERB and/or the Department shall develop a rule booklet, which the Department shall

provide to each person receiving a license or permit pursuant to this law.

406.5-3. Oneida Police Department Officers and Wardens. Oneida Police Department officers

and/or wardens shall enforce this law and corresponding rules on the reservation, and, accordingly

shall:

(a) Observe persons engaged in hunting, fishing and/or trapping in order to ensure that the

methods and equipment utilized are lawful.

(b) Investigate reports of violations of wildlife and environmental laws, including, but not

limited to, this law and corresponding rules.

(d) Issue warnings and/or citations, which may include fines and/or penalties, for violations

of this law and/or the corresponding rules.

406.5-4. Oneida Police Department. Any Oneida Police Department officer, who observes a

violation of this law and/or corresponding rules, shall report such violation to the Department

and/or a Department warden. However, if immediate action is necessary to prevent imminent

danger to life or serious damage to property, the Oneida Police Department officer may issue a

warning or citation for the said violation(s) and/or prevent persons from committing the said

violation(s).

406.6.

Licenses and Permits

406.6-1. Sportsman License.

(a) A sportsman license is required for all persons hunting, fishing, or trapping on Tribal

4 O.C. 406 – page 5

26 of 130

Draft 2 (Redline to Current)

2025 05 21

222

223

224

225

226

227

228

229

230

231

232

233

234

235

236

237

238

239

240

241

242

243

244

245

246

247

248

249

250

251

252

253

254

255

256

257

258

259

260

261

262

263

264

265

266

267

268

land, except:

(1) Fishing is permitted without a sportsman license for Tribal members,

dependents, and non-member Indians whom are sixteen (16) years of age or

younger.

(2) Landowners and, lessees, and guestsdesignees with the permission of the

landowners or lessees, may hunt and trap the following species on the property they

own or lease, year-round, without a sportsman license:

(A) coyote;

(B) fox;

(D) woodchuck;

(E) rabbit;

(F) squirrel;

(F)(G) beaver; and

(G)(H) any nuisance animal that is not an endangered or threaten species

and is also not a regulated or protected species.

(b) Anyone born on or after January 1, 1973, shall successfully complete a state-certified

hunter safety course to be eligible for a sportsman license, except that:

(1) Fishing Only Sportsman License. A sportsman license may be issued which

permits fishing only. In such circumstances, successful completion of a statecertified hunter safety course is not required and the Department shall internally

record such licenses as permitting fishing only.

(A) A person issued a “fishing only” sportsman license may not hunt or trap,

or be eligible to hunt or trap, until the licensee provides the Department with

proof of successful completion of a state-certified hunter safety course.

(B) Any licensee holding a fishing only sportsman license may name a

designated hunter to fill the hunting or trapping permits that regularly

accompany a sportsman license based on the rules established pursuant to

this Law. For the requirements related to naming a designated hunter, refer

to section 406.9-4.

406.6-2. Ceremonial and/or Feast Permit. Tribal members may apply for a ceremonial and/or

feast permit to group hunt wildlife outside of the regular applicable seasons.

(a) When the ceremonial and/or feast permit is for deer hunting, it may only be issued for

antlerless deer.

(b) A ceremonial and/or feast permit may be issued to a group and/or organization meeting

each of the following requirements:

(1) At least eighty-five percent (85%) of the group and/or organization members

are Tribal members;

(2) The agentdesignee of the group/organization is a Tribal member;

(32) The occasion for the ceremonial and/or feast requiring the hunt out of

season is recognized by the Oneida community; and

(43) The hunt takes place on the reservation.

the ceremonial and/or feast permit.:

(1) Named hunters on the ceremonial and/or feast permit; and

(2) Tribal members, descendants, or a spouse to a Tribal member.

(d) The agentdesignee of the group ceremonial and/or feast hunt shall notify thean Oneida

4 O.C. 406 – page 6

27 of 130

Draft 2 (Redline to Current)

2025 05 21

269

270

271

272

273

274

275

276

277

278

279

280

281

282

283

284

285

286

287

288

289

290

291

292

293

294

295

296

297

298

299

300

301

302

303

304

305

306

307

308

309

310

311

312

313

314

315

Police Department officer or warden of the time and place where the hunt will take place

no later than twenty-four (24) hours prior to the hunt. The Oneida Police Department

officer or warden may monitor any portion, or the entirety, of the group ceremonial and/or

feast hunt.

406.6-3. Other Permits, Tags and Stamps. In accordance with this law and corresponding rules,

the Department may issue permits authorizing a person to engage in specific hunting, fishing

and/or trapping activities, including nuisance animal removal permits pursuant to section 406.8-2.

406.6-4. It is unlawful for any person to:

(a) Provide false information or fail to report relevant information as requested by the

Department, when applying for a license or permit; or

(b) Aid another in fraudulently securing a license or permit.

406.6-5. Except as provided under sections 406.6-1(b)(1)(A), 406.9-4 and 406.9-6, licenses

and/or permits are not transferable and may not be altered, defaced, or lent to or from another

person, any may not be used by any person other than the person to whom the license and/or permit

is issued.

406.6-6. Disabled Hunter Permits. The Department may issue a disabled hunter permit to any

person who is physically disabled, upon a showing of medical verification of a physical disability.