# Oneida Business Committee (2025)

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A0aa8431e806ecbec

## Record

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

## Text

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Oneida Nation

Oneida Business Committee
Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov

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ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA REVISED
Business Committee Conference Room - 2nd Floor Norbert Hill Center
May 21, 2025
9:00 a.m.
I.

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)

V.

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.

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Oneida Nation

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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
I.

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.
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GOOOQO;

3. Landlord Tenant Law Amendments
A good mind. A good heart. A strong fire.

Legislative Operating Committee Meeting Minutes of May 7, 2025
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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
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V.

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
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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.

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

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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.

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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.

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Title 4. Environment and Natural Resources – Chapter 406
Lutol@tha>, Latsyw@aha> O>kh@le Atlist@y Kayanl^hsla
Our laws concerning hunting, fishing and trapping
HUNTING, FISHING, AND TRAPPING
406.1.
406.2.
406.3.
406.4.
406.5.

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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.
(c) “Bodily harm” means physical pain or injury or any impairment of the physical
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

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(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

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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,
(c) All non-Indians who:
(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

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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.
(c) Establish or amend daily bag limits and possession limits based on the supply of
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

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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.
(c) Work to prevent persons from violating this law and/or the 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;
(C) raccoon;
(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
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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.
(c) All persons participating in the ceremonial and/or feast hunt shall be:
(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.
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(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.
(C) At any time, the applicant has been found guilty of imposing or
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.
(c) Cause damage to land or property belonging to another, including but not limited to,
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
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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;
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(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.
(c) The permittee shall return all unused permits, including carcass tags, to the Department
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
(C) Any other information as may be required by the rules established
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

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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.
(c) Furs from nuisance animals which did not require a nuisance animal removal permit in
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.
(c) Transport any loaded firearm, air rifle, or cocked bow or crossbow in a vehicle.
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;
(c) Hunt from a vehicle;
(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
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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;
(C) A fully-automatic firearm;
(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.
(c) Any wildlife taken by a designated hunter remains the property of the original
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.
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(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
(C) Be the youth hunter’s parent or legal guardian or have permission from
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.
(c) The member of the hunting party who harvests the deer shall ensure that a valid carcass
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;
(c) Fails to timely pay a fine or abide by a penalty assessed against them as a consequence
for violating the provisions of this law and/or the corresponding rules; and/or
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(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

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Title 4. Environment and Natural Resources – Chapter 406
HUNTING, FISHING AND TRAPPING
Lutol@tha>, Latsyw@aha> O>kh@le Atlist@y Kayanl^hsla
Our laws concerning hunting, fishing and trapping
HUNTING, FISHING, AND TRAPPING
406.1.
406.2.
406.3.
406.4.
406.5.

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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.
(c) “ERB“Bodily harm” means physical pain or injury or any impairment of the
Environmental Resources Boardphysical condition.
(d) “Daily Bag Limitbag limit” means the maximum number of a species of wildlife that
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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
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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,
(c) All non-Indians who:
(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.
1

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.

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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.
(c) Establish or amend daily bag limits and possession limits based on the supply of
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.
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(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.
(c) Work to prevent persons from violating this law and/or the 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
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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;
(C) raccoon;
(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.
(c) All persons participating in the ceremonial and/or feast hunt shall be named hunters on
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
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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.
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.
(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.
(C) At any time, the applicant has been found guilty of imposing or
threatening to impose great bodily harm on another. For the purposes of
this section, great bodily harm means bodily injury which creates a
substantial risk of death, or which causes serious permanent disfigurement,
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or which causes a permanent or protracted loss or impairment of the
function of any bodily member or organ or other serious bodily injury.
(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 ERBthe 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.
(c) Cause damage to land or property belonging to another, including but not limited to,
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 Environmental
Resource BoardDepartment 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 stupefyingstunning 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
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 aan Oneida Police Department officer or warden’s lawful order.
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(q) Inflict or threaten to inflict bodily harm upon aan Oneida Police Department officer or
warden. For the purposes of this law, “bodily harm” means physical pain or injury or any
impairment of the physical condition.
406.7-2. Possession, Registration, and Transportation of Carcasses. No person may hunt, trap,
possess, or transport any wildlife unless he or she possessesthey 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 Department or the Department’s designeeState 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 ERB and the Department shall jointly establish in its the rules. No person may possess or
transport harvested wildlife that is not properly tagged in accordance with this law and
corresponding rules.
406.7-5. Health Advisory. ERB and the Department shall ensure that all hunting and fishing rule
booklets contain a warning stating that fish caught in Duck Creek, as well as ducks, geese and
other wildlife may contain Polychlorinated Biphenyl (PCBs) which may pose risks of health
defects, that such risks are greatest for women and children, and that detailed information about
PCBs is available from the Department upon request.
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) He or she hasThey 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) He or sheThey are either is employing or agreesagree 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) He or she hasThey 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 he or she appliesthey
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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 agentsdesignees 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.
(c) The permittee shall return all unused permits, including carcass tags, to the Department
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) Beaver. A nuisance animal removal permit is not needed for a landowner, lessee, or
an authorized agent to hunt or trap beaver(s) that are nuisance animals, or to remove a
beaver dam. However, only the landowner and the Department may set traps on a beaver
dam on Tribal land; this privilege may not be transferred to an agent.
(b)(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. Designated Agents.Nuisance Animal Removal Designees. A landowner may utilize an
agentas 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 agentdesignee.
(a) In order for an agenta designee to be assigned to remove a nuisance animal, the
landowner shall ensure that the following conditions are met:
(1) The agentdesignee shall have a valid license for hunting or trapping that
nuisance animal’s species;
(2) The landowner shall grant written permission to the agentdesignee 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
(C) Any other information as may be required by the rules established
pursuant to this law.
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(b) The Department may limit the number of persons permitted to assist in a removal.
(c)(b) The landowner or lessee permittee may not charge any assigned agentdesignee any
form of fee.
406.8-5. Annual Migratory Bird Report. Persons killing crows, cowbirds, grackles, and redwinged 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. DepartmentOfficer 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
agentdesignee, 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 agentdesignee 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.
(c) Furs from nuisance animals which did not require a nuisance animal removal permit in
order to be removed, may be retained by a landowner, lessee, or assigned agentdesignee
without a permit. Provided that the landowner, lessee, or assigned agentdesignee 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.
(c) Transport any loaded firearm, air rifle, or cocked bow or crossbow in a vehicle.
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;
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(b) Hunt within fifty (50) feet of the center of a paved road;
(c) Hunt from a vehicle;
(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
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 he
or shethey also possessespossess 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;
(C) A fully-automatic firearm;
(D) Any mechanism designed to muffle, silence, or minimize the report of
any firearm.
406.9-3. AccidentsInjury 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 his or hertheir name and contact information
including address, and report the accidentinjury 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 his or hertheir own permit, provided that, the designated hunter shall provide his or
hertheir 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 Hunterdesignated 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 thean unlimited number of permittees as authorized
by the rules developed pursuant to this law. .
(c) Any wildlife taken by a designated hunter remains the property of the original
permittee; the designated hunter shall transfer any wildlife taken by designation to the
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original permittee’s possession as soon as practicable following the taking.
406.9-5. Age Restrictions.
(a) Persons between the ages of twelve (12ten (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 his or hertheir supervisory responsibilities.
(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, descendants2, non-member Indians and dependents aged ten (10) or
eleven (11) years old may hunt if they have a mentor present while hunting and have
obtained any required licenses and permits.
(c) Tribal members, descendants3, 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.
(d) The following limitations apply to youth hunters and their mentors hunting pursuant to
this section:
(1) Only one (1) weapon may be possessed jointly between the mentor and his or
her mentee(s);
(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
(C) Be the youth hunter’s parent or legal guardian or have permission from
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.
(e) In order to be eligible to be a mentor, the person shall:
(1) Be at least eighteen (18) years old;
(2) Have a valid license and any required permits; and
(3) Be the youth hunter’s parent or legal guardian or have permission from the
hunter’s parent or legal guardian to be the hunter’s mentor.
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,

I -_
2
3

Requirements for descendancy are determined by the Oneida Trust Enrollment Committee.
See footnote 2.

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license and carcass tag for the deer.
(c) The member of the hunting party who harvests the deer shall ensure that a valid carcass
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
one (1) of the following acts or any combination thereof:
(a) Has committed an act causing any of his or herstheir 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;
(c) Fails to timely pay a fine or abide by a penalty assessed against him or herthem as a
consequence for violating the provisions of this law and/or the corresponding rules; and/or
(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. Warning and Citations. Department wardens may issue verbal and/or written warnings
and/or citations to any person found to be in violation of this law and/or the corresponding rules.
The Department shall ensure that all warning and citations identify the relevant violation and, if
applicable, the fine and/or penalties imposed as a consequence of the violation.
406.10-4406.10-3.
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.
406.10-5. Contested Action Hearings. All citations, orders and declarations issued pursuant to this
law shall include a pre-hearing date with the Judiciary Trial Court which shall be set for the next
scheduled monthly prehearing date that is at least thirty (30) days after the citation was issued.
Persons wishing to contest a citation shall appear at the prehearing, at which time the Judiciary
Trial Court shall accept pleas which either contest or admit committing the act for which the
citation was issued. The Judiciary shall schedule a hearing as expeditiously as possible, provided
that it shall be scheduled within ninety (90) days of the date of the prehearing, for all persons
entering a plea contesting the fact that they committed the act for which a citation was issued. In
addition to scheduling requested hearings, the Judiciary may also make conditional orders at the
prehearing which are effective until the matter is resolved4. 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) Community Service. Community service may be substituted A citation for fines ata
violation of this law, the Judiciary’s discretion, provided that, if so substituted, the
Judiciary shall use the rate of one (1) hour per ten dollars ($10.00) of the fine.
(b) Allocation of Citation Revenue. Allcorresponding rules, or any orders issued pursuant
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to this law may include fines and other penalties issued by citations are payable to ERB or
its designee, the proceeds of which ERB shall contribute to the Nation’s general fund.
(c)Appealing the Decision of the Judiciary , as well as conditional orders made by the Trial
Court. Any person wishing to contest the determination of the Judiciary Trial Court may
appeal the applicable determination to the Judiciary’s Court of Appeals
(b) A citation for a violation of this law shall be processed in accordance with the Rules of
Appellate Procedure.
(d)
Pursuing Payment of a Citation. ERB may pursue payment from parties who have
failed to make the required payments through the garnishment processprocedure contained
in the Garnishment law and/or by attaching a Tribal member’s per capita payment pursuant
to the Per Capita law. Nation’s laws and policies governing citations.
End.
Adopted - BC-08-31-94-C
Adopted - BC-04-24-96-A
Adopted - BC-07-22-98-A
Amended - BC-09-13-00-D
Amended - BC-06-04-03-A
Amended - BC-06-30-04-I
Amended - BC-07-13-05-E
Amended - BC-08-29-07-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 15

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Title 4. Environment and Natural Resources – Chapter 406
Lutol@tha>, Latsyw@aha> O>kh@le Atlist@y Kayanl^hsla
Our laws concerning hunting, fishing and trapping
HUNTING, FISHING, AND TRAPPING
406.1.
406.2.
406.3.
406.4.
406.5.

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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-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, 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.
(c) “Bodily harm” means physical pain or injury or any impairment of the physical
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.
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(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
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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,
(c) All non-Indians who:
(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
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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.
(c) Establish or amend daily bag limits and possession limits based on the supply of
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
reser

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A0aa8431e806ecbec. Public record. Not legal advice.