Title 4. Environment and Natural Resources – Chapter 406

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HUNTING, FISHING and TRAPPING

Rule # 1-13 – Hunting, Fishing and Trapping Handbook

Purpose, Authority, Adoption,

Amendment and Repeal

II.

Definitions

III. General Requirements

IV. Available Permits

V. Tree Stands

VI. Blinds

VII. Baiting

VIII. Endangered, Threatened and

Protected Species

IX. Possession, Registration and

Transportation of Carcasses

X. Fishing

XI. General Regulations

XII. Health Advisory

XIII. Enforcement

Purpose, Authority, Adoption, Amendment and Repeal

1-1. Purpose. The purpose for these rules is to further detail the information related to

harvests, limits, seasons, licenses, and other details to further support the Hunting, Fishing and

Trapping law.

1-2. Authority. The Hunting, Fishing and Trapping law delegated the Environmental

Resource Board and Conservation Department joint rulemaking authority pursuant to the

Administrative Rulemaking law.

1-3. These rules were jointly adopted by the Environmental Resource Board and Conservation

Department in accordance with the procedures of the Administrative Rulemaking law.

1-4. These rules may be amended or repealed by the joint approval of the Environmental

Resource Board and Conservation Department pursuant to the procedures set out in the

Administrative Rulemaking law. For the purpose of future amendments to these rules, each

article is a separate rule and may be amended as such.

1-5. Should a provision of these rules or the application thereof to any person or

circumstances be held as invalid, such invalidity shall not affect other provisions of these rules

which are considered to have legal force without the invalid portions.

1-6. In the event of a conflict between a provision of these rules and a provision of another

rule, internal policy, procedure, or other regulation, the provisions of these rules control.

1-7. These rules supersede all prior rules, regulations, internal policies or other requirements

relating to the Hunting, Fishing and Trapping law.

1-8. This article I applies to each subsequent rule listed herein.

II.

Definitions

2-1. This article governs the definitions of words and phrases used within this Handbook. All

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

(a) “Antlered Deer” means a deer which has either two (2) antlers with two (2) or more

points on each antler or one (1) antler with four (4) or more points where each point must

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measure one (1) inch in length from the main beam and, at a minimum, one (1) antler

must be three (3) or more inches in length.

(b) “Baited Area” means an area within a one hundred (100) yard radius from any

placed bait material, provided that once bait material is placed, the area remains a baited

area for a period of ten (10) calendar days from the date the bait material is either fully

consumed or removed.

includes, but is not limited to, mink, muskrat, beaver, weasel, fox, coyote, bobcat, badger

and raccoon.

(d) “Game Fish” means all species belonging to the trout, pike, catfish, bullhead,

sunfish (including blue gill and crappie), bass, and perch families of fish.

(e) “Harass” means to shoot at, disturb, worry, rally, concentrate, harry, chase, drive,

herd, or torment wildlife.

(f) “Open Water” means any water beyond a natural growth of vegetation rooted to

the bottom and extending above the water surface of such height as to offer whole or

partial concealment of the hunter.

(g) “Permanent Tree Stand” means any manufactured or constructed platform

fastened by nails, screws, or other means deemed permanently fixed, for the purpose of

allowing a person to view, observe, or hunt wild animals.

(h) “Possession Limit” means the maximum number of a particular wildlife species

that may be in the possession of a person who has hunted, fished, or trapped two (2) days

or more.

(i) “Raptor” means all hawks, owls, eagles, falcons, and osprey.

(j) “Rifle” means a weapon designed or redesigned, made or remade, and intended

to be fired from the shoulder and designed or redesigned and made or remade to use the

energy of the explosive in a fixed cartridge to fire only a single projectile through a rifle

bore for each single pull of the trigger, and includes any such weapon which may be

readily restored to fire a fixed cartridge.

(k) “Semi-permanent Tree Stand” means any manufactured or constructed platform

fastened, strapped, chained, or otherwise attached to a tree, for the purpose of allowing a

person to view, observe or hunt wild animals.

(l) “Shotgun” means a weapon designed or redesigned, made or remade, and

intended to be fired from the shoulder and designed or redesigned and made or remade to

use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore

either a number of projectiles (bird shot) or a single projectile for each pull of the trigger

and includes any such weapon which may be readily restored to fire a fixed shotgun

shell.

(m) “Sight Exposed Bait” means any bones, meat or viscera of an animal, bird, or

fish with or without skin, hide or feathers which can be seen from above the bait.

(n) “Size Limit” means the specific minimum length and/or maximum length in

inches of a species of fish that may be possessed legally.

(o) “Small Game” includes, but is not limited to the following: geese, brants, dabbling

ducks, diving ducks, tree ducks, sea ducks, and mergansers; commonly known as rails,

coots, mud hens, and gallinule; commonly known as snipe and woodcock; commonly

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known as grouse, pheasants, partridges, and quail; cottontail rabbit, and gray and fox

squirrel.

(p) “Specified Area” means areas where the taking of fish and wildlife is restricted

to the specifications set forth by the law, rule or Environmental Resource Board

resolutions.

(q) “Unprotected Species” means species which can be hunted year round without

limit and includes: opossum, skunk, weasel, mice, and all other animals not mentioned in

the Hunting, Fishing and Trapping law and these rules.

(r) “Waterfowl” means any wild species of geese, brants, or ducks.

(s) “Wet Set” or “Water Set” means a trap which is staked in such a manner as to

permit the trap or trapped animal to reach water at any point.

III.

General Requirements

3-1. License and Permit on Person. All persons shall have in his/her possession, while hunting,

fishing or trapping within the exterior boundaries of the reservation, a valid Oneida sportsman

license issued by the Department allowing him/her to hunt, fish, or trap on the reservation and, if

the action also requires a permit, the applicable permit also.

3-2. Limit on Non-Tribal Member Licenses. The Department may not issue more than thirtyfive (35) Oneida sportsman licenses to Non-Tribal Members in any calendar year. In addition, in

order for a non-Tribal member to apply for an Oneida sportsman license, the non-Tribal member

shall consent in writing to forfeit any deer hunting privileges granted by a state issued hunting

license/permit in regard to all land within the Reservation boundaries, regardless of ownership

status.

3-3. License Application Deadlines and Expirations. Tribal members, descendants, affiliates of

other tribes and Tribal member’s spouses and/or dependents may apply for a sportsman license at

any time; the application deadline for a non-member sportsman license is the third (3rd) Monday

of August. Sportsman licenses expire each year on August 31st.

3-4. License and Permit Availability and Schedule. Oneida sportsman licenses and permits may

be obtained from the Conservation Department, which is located at N8047 County Road U.

(a) Permit Availability. Nuisance permits, sustenance permits, ceremonial permits and

dog training permits are only available to Tribal members and Tribal members shall

apply for each of these permits separately from the Oneida sportsman license. Turkey

permits are available to all persons eligible for an Oneida sportsman license that is not

limited to fishing, provided that licensees shall apply for turkey permits separately from

the Oneida sportsman license.

(b) License and Permit Schedule. The license and permit schedule is included in these

rules as Attachment A.

3-5. Denial of a License or Permit. An application for a sportsman license or permit may be

denied according to section 406.6-7 of the Hunting, Fishing and Trapping law.

3-6. Applicants born on or after January 1, 1973 shall present a hunter’s education certification

prior to issuance of any sportsman license.

IV.

Available Permits

4-1. Comprehensive List of Available Permits. Subject to the requirements provided in the

Hunting, Fishing, Trapping law and these rules, the Department may issue the following permits,

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provided that in order to be eligible for a permit, a full sportsman license is required; a fishing

only sportsman license is not sufficient:

(a) Tribal Member Ceremonial/Feast Permit;

(b) Disabled Permit;

(d) Sustenance Permit;

(e) Deer Gun Permit;

(f) Deer Gun Hunter’s Choice Permit;

(g) Deer Bow Permit;

(h) Small Game Permit;

(i) Turkey Permit;

(j) Waterfowl Permit;

(k) Furbearer Permit;

(l) Dog Hunting Permit; and

(m) Found Carcass Permit.

4-2. Responsibility to Set Seasons and Limits. The Environmental Resource Board, with input

from the Conservation Department, shall establish, annually by written Environmental Resource

Board resolution, by no later than the end of March each calendar year, the following and, in

doing so shall consider the supply of wildlife, the needs of conservation, and the objective of

achieving a fair allocation of the harvest:

(a) Any bag limits applicable to various permits.

(b) Any possession limits applicable to various permits.

(1) Bow deer season may not open before September 1st and may not close any

later than January 31st.

(2) Muzzleloading deer season shall open the calendar day following the close of

the deer gun season and may not close any later than the first Sunday in January.

(3) The season for small game may not begin before September 1st or close later

than March 31st.

(4) The season for waterfowl may not begin before September 1st or close later

than December 31st.

(5) The seasons for furbearers may not begin before October 1st or close later than

April 1st.

(d) Any hunting hour restrictions that may apply to a season, provided that if setting

hunting hours, such hours may not permit hunting prior to thirty (30) minutes before

sunrise or extend beyond fifteen (15) minutes after sunset.

(e) The number of carcass tags that may be issued pursuant to each applicable permit,

which may include limitations based on age, sex, size, species or other factors established

by the Environmental Resource Board. Daily bag and possession limits pursuant to a

small game permit may not exceed a harvest of ten (10) wildlife of each species per day.

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(f) Fish minimum lengths and slot sizes for designated fish species.

(g) Which areas are designated as available for hunting and trapping as indicated on the

Oneida Nation Hunting Map. If the Nation acquires additional properties eligible for

hunting and trapping after the initial annual Oneida Nation Hunting Map has been

approved, the Environmental Resource Board may adopt a revised Oneida Nation

Hunting Map by written resolution. Upon the setting of such designated areas, the

Department shall mark all properties not open for hunting and trapping.

(h) Any designated protected waters in which fishing is not permitted.

4-3. Tribal Member Ceremonial/Feast Permit. In addition to the requirement in section

406.6-2 of the Hunting, Fishing and Trapping law, the following requirements also apply:

(a) A ceremonial/feast permit may not be effective for a period longer than ten (10)

calendar days and may only be issued between the third (3rd) Saturday of September and

the last day of December for any calendar year .

(b) The Department shall indicate on each permit how much wildlife may be taken

pursuant to the permit and which areas are open for the ceremonial/feast hunt.

within twenty-four (24) hours of the harvest.

(d) A ceremonial/feast permit issued for harvested deer may only be issued for antlerless

deer; it is unlawful to harvest an antlered deer under a ceremonial/feast permit.

4-4. Disabled Permit. In addition to the requirements and limitations regarding disabled

permits included in section 406.6-6 of the Hunting, Fishing and Trapping law, a disabled hunter

permit also requires:

(a) The vehicle is located off of the hard surface of the roadway and is not in violation of

any applicable prohibition or restriction that applies to parking, stopping or standing of

the vehicle.

(b) The holder of the permit is not as a designated hunter.

or lessee of private property across or on to which the holder of the permit intends to

discharge a weapon.

(d) The vehicle bears disabled plates or displays a sign that is at least 11 inches square on

which is conspicuously written “disabled hunter”.

(e) The holder of the permit discharges the weapon away from and not across or parallel

to the roadway.

4-5. Nuisance Animal Removal Permit. For each nuisance animal removal permit, based on

the circumstances and extent of the nuisance, the Department shall provide the amount of

wildlife that the permittee may take pursuant to the permit and may limit the amount based on

age, sex, size, species or other relevant factors established by the Department; the Department

may also the prescribed manner of taking required by the permit. In addition to the requirements

in section 406.8 of the Hunting, Fishing and Trapping law, the following also apply:

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(a) Assistance by the Department. The Department may assist the permittee in taking

and/or trapping a nuisance animal if:

(1) Extraordinary damage is occurring, where the determination of extraordinary

damage is in the Department’s best discretion.

(2) The permittee has demonstrated an inability to harvest an adequate number of

the nuisance animals and damage to the permittee’s property in the current

calendar exceeds, or is likely to exceed, $5,000.00.

(b) Conditions to Nuisance Deer Removal Permits. The following conditions apply to

nuisance deer removal permits:

(1) Permittees and permittees’ agents may hunt deer only during the period from

thirty (30) minutes before sunrise to fifteen (15) minutes after sunset during the

closed deer gun season. During the deer gun season permittees and permittees’

agents shall comply with any restrictions regarding shooting hours.

(2) No deer may be harvested pursuant to a nuisance deer removal permit within

the twenty-four (24) hour period prior to the opening of gun deer season.

(3) The weapon restrictions provided in article 4-7(a)(1) and (2) apply to nuisance

deer removal permits.

(4) If the permittee and/or the permittee’s agent does not fulfill fifty percent

(50%) or more of the nuisance deer removal permit’s quota in the initial thirty

(30) calendar days for which the permit is effective, the Department may

withdraw the permit.

(5) Unless specifically exempt by the Department in the permit, only deer without

antlers or with antlers less than three (3) inches in length may be harvested

pursuant to a nuisance deer removal permit.

apply to nuisance Canadian geese removal permits:

(1) Permittees and/or permittees’ agents may retain any Canadian goose carcasses

harvested pursuant to a nuisance Canadian geese removal permit, provided that

permittees’ agents may only retain carcasses declined by the original permittee.

(2) The weapon restrictions provided in article 4-10(a) apply to nuisance

Canadian geese removal permits.

(3) If during open goose season, the Department may not issue an applicant a

nuisance Canadian geese removal permit until all of the applicant’s goose carcass

tags under the goose permit have been filled.

4-6. Sustenance Permits. The Department may issue sustenance permits to Tribal Members

who are in need of nourishment which allows the permittee to harvest one (1) additional

antlerless deer throughout the course of the open deer bow, gun or muzzleloader seasons. Only

one (1) sustenance permit may be issued per household. Permittees may designate a hunter to

hunt on the permittee’s behalf in accordance with section 406.9-4 of the Hunting, Fishing and

Trapping law. Permittees shall register any deer harvested pursuant to a sustenance permit within

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twenty-four (24) hours of the harvest. The weapon restrictions provided in article 4-7(a)(1), (2)

and (3) below apply to sustenance permits.

4-7. Deer Permits. This article applies to deer gun, deer bow and deer hunter’s choice permits.

(a) Restrictions on Deer Permits.

(1) Firearms Restrictions. No person may hunt deer with:

(A) A rifle, with a shot gun smaller than twenty (20) gauge or larger than

ten (10) gauge, or with a muzzleloader smaller than .40 caliber.

(B) Any handgun which is loaded with caliber chambered for

commercially manufactured center fire cartridge which produce a muzzle

velocity of nine hundred fifty (950) feet per second and no more than two

thousand two hundred (2,200) feet per second and has a barrel length of

five (5) inches measured from the muzzle to the firing pin with the action

closed. Hunters using handguns for deer hunting may possess other

firearms legal for the zone in which they are hunting deer.

(2) Deer Archery Season Regulations.

(A) No person may hunt deer with a bow having a pull strength less than

thirty-five (35) pounds or using an arrow that does not have a broadhead.

(B) No person may hunt deer with a crossbow, unless the crossbow:

(i) Is fired from the shoulder;

(ii) Has a minimum draw weight of one hundred (100) pounds;

(iii) Has stock of not less than thirty (30) inches in length;

(iv) Is used with arrows or bolts of not less than fourteen (14)

inches in length with a broadhead; and

(v) Has a working safety.

archery only deer hunting season.

(D) No person hunting deer under the authority of an archery deer permit

may have a firearm in his/her possession unless participating in

muzzleloading season or using a ceremonial/feast permit.

(E) Group hunting is not permitted during deer archery hunting seasons.

(3) Archery Hunting During Deer Gun Season. A person may hunt deer with

archery equipment during deer gun season and shall tag any such harvested deer

with either a deer gun or deer bow tag, provided that the blaze orange

requirements in this article apply.

(4) Blaze Orange Required. During the gun deer season and muzzleloading

season, no person shall hunt any wildlife, except waterfowl, unless at least fifty

percent (50%) of the person’s outer clothing above the waist is colored

blaze/hunter orange.

(5) Hunting Deer with Dogs Prohibited. No person may hunt deer with the aid of

a dog(s).

(6) Removal and Retention of Carcass Tags. Permittees that harvest deer shall

ensure that deer carcass tags remain attached to the deer until the carcass is

butchered or processed for consumption and, once the carcass tag is removed

from the deer, shall retain the carcass tag until all of the meat from the subject

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carcass has been consumed. A person who receives meat from another as a gift is

not required to possess the carcass tag, provided that the permittee gifting the

meat shall provide the receiver with the carcass tag number pursuant to which the

meat was harvested.

(7) Designated Hunters. Designated deer hunters may only take antlerless deer

and, regardless of the number of tags issued to the original permittee, may fill a

maximum of two (2) deer carcass tags on behalf of the original permittee.

(8) Registration.

(A) Permittees shall register deer harvested by a firearm during the gun

deer season no later than 4:00 p.m. the day after the close of the gun deer

season.

(B) Permittees shall register all deer harvested by a bow and arrow, cross

bow or muzzleloader no later than 4:00 p.m. on the third (3rd) day after the

deer was harvested.

(b) Deer Hunter’s Choice Permits. Deer hunter’s choice permits may be issued to Tribal

Member elders and first time graduates of a hunter safety program. A deer hunters

choice permit allows the permittee to harvest an additional antlerless deer during the gun

season and, if the tag has not been filled, extending into the deer muzzleloading season.

Permittees may designate a hunter to hunt on the permittee’s behalf in accordance with

section 406.9-4 of the Hunting, Fishing and Trapping law.

4-8. Small Game Permit. 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 Board for activities which may include, but are not limited to, normal

agricultural or horticultural practices or wildlife research practices.

(a) Permissible Methods. The hunting of small game birds is restricted to the use of an

air rifle, shotgun or bow and arrow. The hunting of small game mammals is restricted to

the use of an air rifle, shotgun, rifle, or bow and arrow.

(1) Firearm Restrictions. No person may hunt small game:

(A) With a shotgun larger than ten (10) gauge.

(B) With a rifle or handgun larger than .22 caliber, including both rim fire

and center-fire cartridges.

(D) With a handgun with a barrel less than five and a half (5) inches in

length as measured from the muzzle to the firing pin with action closed.

(E) While possessing shot shells larger than two (2) shot or while

possessing slugs, except that during deer gun season, a person having both

an Oneida sportsman license and a deer gun hunting permit may possess

slugs while hunting small game.

(E) With any type of shell, cartridge or altered projectile or device which

is not considered a factory load, copy or style.

(2) Bow and Arrow Restrictions. No person may hunt small game:

(A) With a bow having a pull or draw strength less than thirty-five (35)

pounds.

(B) With arrows less than twenty-four (24) inches in length or without at

least three (3) untrimmed feathers or five (5) trimmed feathers.

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(b) Use of Dogs. Dogs may be used while hunting small game.

4-9. Turkey Permit. An issued turkey permit authorizes the permittee to hunt turkey during

both the spring and fall seasons; a separate permit is not required for each season. Hunting dogs

may be used during the fall turkey season. Designated hunters named pursuant to a turkey permit

and based on the requirements of the Hunting, Fishing and Trapping law in section 406.9-4 may

fill a maximum of two (2) turkey tags for the original permittee, regardless of the number of tags

issued to the original permittee.

4-10. Waterfowl Permit. An issued waterfowl permit authorizes the permittee to hunt

waterfowl during the set season, but does not authorize permittees to possess live waterfowl;

permittees shall kill all waterfowl immediately once possession is gained.

(a) Permissible Methods. No person may take waterfowl with a trap, net and/or

fishhook.

(1) Firearms Restrictions. No person may hunt waterfowl:

(A) With a shotgun larger than ten (10) gauge; duck plugs are not required.

(B) With a rifle of any type.

(D) With a handgun of any type.

(E) While in possession of lead shot.

(2) Bow and Arrow Restrictions. No person may hunt waterfowl:

(A) With a bow having a pull or draw strength less than thirty-five (35)

pounds.

(B) With arrows less than twenty-four (24) inches in length or without at

least three (3) untrimmed feathers or five (5) trimmed feathers.

(3) Migratory Bird Calls. No person may use electronic calls of any type to hunt

waterfowl.

(4) Hazing. No person may drive, rally or chase waterfowl with any motorized

conveyance in order to force the waterfowl into hunters’ range.

(5) Live Decoys. No person may hunt waterfowl with the aid of live decoys. All

live, tame or captive waterfowl shall be removed for a period of ten (10)

consecutive days prior to hunting and confined within an enclosure which

substantially reduces the audibility of the waterfowls’ calls and completely

conceals the captive waterfowl from the sight of any non-captive waterfowl.

(6) Decoys. No person hunting waterfowl may place decoys beyond two hundred

(200) feet from the cover or blind in which the person is located. No person

hunting waterfowl may:

(A) Place decoys in the water prior to one (1) hour before opening of

waterfowl hunting time.

(B) Leave decoys in the water more than twenty (20) minutes after the

close of waterfowl hunting time.

(b) Blind Restrictions. No person hunting waterfowl may establish a waterfowl hunting

blind, including the bed of any navigable lake, reservoir, pond or stream, prior to seven

(7) days before the waterfowl hunting season or leave it established beyond seven (7)

days after the close of the waterfowl hunting season.

hunting from a moving watercraft. If a motorized watercraft is used to pursue a crippled

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waterfowl into open water, the motor must be shut off and all forward movement of the

boat must cease before loading and shooting at the crippled waterfowl.

4-11. Furbearer Permit. A furbearer permit authorizes Tribal members to operate an

unlimited number of traps or snares in any combination and authorizes spouses or dependents of

Tribal members or persons affiliated with another tribe to operate a maximum of one hundred

and fifty (150) traps or snares in any combination.

(a) Permissible Methods. No person may:

(1) Trap with any leg hold dry set trap larger than a number four (4).

(2) Trap with any leg hold wet set trap larger than a number five (5).

(3) Trap within twenty-five (25) feet of any sight-exposed bait.

(4) Set any trap or snare unless a metal tag is attached, stamped, or engraved

legibly upon the trap or snare which has the owner’s enrollment number and/or

the name, address, and phone number.

(5) Take mink or muskrat by means other than trapping or snaring.

(6) Use any traps to take any wildlife not specified as furbearers.

(7) Possess any trap for the purpose of trapping furbearers other than a leg hold

trap, live trap, conibear trap, snare or colony trap.

(8) Firearm Restrictions. No person may hunt small game:

(A) With a shotgun larger than ten (10) gauge.

(B) With a rifle or handgun larger than .22 caliber, including both rim fire

and center-fire cartridges, provided that a permittee may use up to a .223

caliber for fox and coyote hunting.

length as measured from the muzzle to the firing pin with action closed.

(D) While possessing shot shells larger than two (2) shot or while

possessing slugs, except that:

(i) During deer gun season, a person having both an Oneida

sportsman license and a deer gun hunting permit may possess slugs

while hunting furbearer; and

(ii) A buckshot may be used for hunting fox and coyote.

(E) With any type of shell, cartridge or altered projectile or device which

is not considered a factory load, copy or style.

(9) Bow and Arrow Restrictions. No person may hunt small game:

(A) With a bow having a pull or draw strength less than thirty-five (35)

pounds.

(B) With arrows less than twenty-four (24) inches in length or without at

least three (3) untrimmed feathers or five (5) trimmed feathers.

(b) Set and Placement Restrictions. No person trapping furbearers may:

(1) Operate trap sets which permit the trapped animal to reach water, except

during the operation of a wet set or colony trap during applicable furbearer

seasons.

(2) Set any trap on any perch more than three (3) feet above the ground.

(24) hours and shall and remove any wildlife trapped therein. Permittees shall check all

wet set traps at least once every four (4) calendar days and shall remove any wildlife

trapped therein.

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(d) Use of Dogs. Dogs may be used while hunting raccoon, coyote and fox.

(e) Permission to Hunt from a Motor Vehicle. Permittees may request permission to hunt

furbearers from a motor vehicle; absent permission from the Department it is not

permissible to hunt, kill or harass furbearers from any type of motor vehicle.

4-12. Dog Training Permit. The Department may issue dog training permits to persons who

wish to possess and release small game birds for dog training purposes. The permit shall contain

requirements such as the location where the birds will be released and, if applicable, the

maximum number of birds that may be released.

(a) Prior to being released, the permittee shall mark and identify all birds to be released

by fixing a leg band to the bird’s leg which identifies the dog training permit number.

(b) The following small game birds may be released pursuant to a dog training permit:

(1) Pheasant;

(2) Grey partridge;

(3) Red Legged Partridge;

(4) Bob White Quail;

(5) Chukar Partridge; and

(6) Pharo Pigeons.

should a permittee wish to release a small game bird that is not included in the list of

authorized small game birds provided in article 4-12(b).

4-13. Found Carcass Permit. A found carcass permit is available to Tribal members only for

any wildlife found injured and/or killed by any non-hunting related cause. To obtain a Found

Carcass Permit, the requestor shall contact the Department and provide the location of the found

carcass. After inspecting the condition of the wildlife, the Department shall either issue the

requestor a Found Carcass Permit or deny the permit and take the carcass into possession.

Tree Stands

5-1. Permanent Tree Stands Prohibited on the Nation’s Lands. Permanent tree stands may

not be erected on land owned by the Nation.

5-2. Semi-Permanent Tree Stands. Semi-permanent tree stands may be put, but not sooner than

two (2) weeks before the archery season opens and shall be removed no later than April 1st.

5-3. Tree Stand Owner Information. All tree stands must be stamped with the owner’s

enrollment number and/or name, address and phone number for identification.

VI.

Blinds

6-1. If a blind is constructed with manufactured materials, such blind requires identification

either with a tag affixed to the blind or engraved directly into the blind which contains the

owner’s enrollment number and/or name, address and phone number for identification.

6-2. During the gun deer season and muzzleloading season, no person shall occupy a blind

unless there is three hundred sixty (360) degrees of visible blaze orange on the blind.

VII. Baiting

7-1. Persons may not:

(a) Use bait material, which includes, but is not limited to, liquid or scent, for attracting

wildlife:

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(1) which contains or, at the time of use, is contained within: honey, bones, fish,

meat, solid animal fat, parts of animal carcasses, metal, paper, plastic, glass, wood

(other than hollow stumps, or other non-degradable materials;

(2) in excess of ten (10) gallons of bait material in a baited area, provided that,

salt and salt blocks are excluded from this restriction.

(b) Hunt waterfowl with the aid of bait other than grain crops left in the field due to

normal agricultural practices.

intentionally placed as bait, which do not comply with the requirements of these rules.

VIII. Endangered, Threatened and Protected Species

8-1. Absent a nuisance permit, no person may take or kill any endangered, threatened or

otherwise protected species or damage or tamper with the nests or eggs of an endangered,

threatened or otherwise protected species on the reservation.

8-2. A federal permit issued by the United States Fish and Wildlife Service is required in

order for any Tribal member possess an eagle or any part thereof. Tribal members may request

application forms directly from the United States Fish and Wildlife Service, the Department shall

also have copies of the application forms available.

IX.

Possession, Registration and Transportation of Carcasses

9-1. Attachment of Carcass Tags. For wildlife subject to permit that includes carcass tags,

upon taking of the wildlife, the permittee shall immediately attach the carcass tag as follows:

Wildlife Species Required Method of Carcass Tag Attachment

Deer

Attach to antler, ear or hind leg

Goose

Attach to featherless portion of the leg

Turkey

Attach to featherless portion of the leg

9-2. Wildlife Registration. Except for deer during deer gun hunting season or where shorter

timeframes are provided in these rules, a permittee taking wildlife pursuant to a permit which

requires a carcass tag shall register the said wildlife with the Department within three (3)

calendar days of the taking. Permittee may register wildlife at the Department or any other

registration area designated by the Department. Deer harvested during deer gun hunting season

shall be registered by 4 pm the day after close of the firearm season. Deer registration tag should

be retained with meat until consumed.

9-3. Wildlife Transportation. Wildlife may not be transported by persons that do not possess

the required Oneida sportsman license and any applicable permits. A person may only transport

his or her own lawfully possessed wildlife.

(a) Birds. Permittees shall ensure that, at a minimum, the fully feathered head or one (1)

fully feathered wing remains attached to each bird that is transported from the field until

the bird reaches the permittees residence or processing location.

(b) Fish. While in transportation, all fish must be able to be readily counted. Fish may

be dressed, but permittees shall ensure that the body of each fish remains intact while the

fish is transported from the water until the fish reaches the permittee’s residence or

processing location.

until such person has applied for and received a Found Carcass Permit from the

Page 12 of 14

Department. Permittees shall abide by any requirements of the Found Carcass Permit,

including those related to carcass tags and transportation of the carcass.

(d) Registration Required Prior to Transportation. Wildlife subject to registration

requirements may not be transported off of the reservation until all registration

requirements have been satisfied.

(e) Accompaniment of Wildlife Pending Registration. Permittees shall accompany all

wildlife harvested subject to registration requirements at all times until all registration

requirements have been satisfied. No person may knowingly accept for and transport

another’s wildlife without the valid license and permit holder present. This provision

does not apply to authorized enforcement persons who, in the course of their duties, may

be required transport seized wildlife.

Fishing

10-1. Seasons. The fishing season shall be continuous (year-round) unless specific seasons

are established in accordance with article 4-2 of these rules. Further, fishing hours are not

limited.

10-2. Possession and Bag Limits. Persons fishing shall comply with any possession, size and

bag limits applicable to fish as established in accordance with article 4-2 of these rules.

10-3. Fishing Restricted to Authorized Methods. No person may take or kill fish by any

method other than rods, lines and bare hooks, baited fish hooks, nets, spears, use of hands, and

bows/arrows, except that bows/arrows may not be used on rough fish. For the purpose of this

section, rough fish means carp, all sucker species and sheep head.

10-4. Firearm Restriction. No firearms may be used while fishing.

10-5. Trespass. No person may fish on private waters without permission from the owner or

occupant. No person may fish on Tribal, state, or federal refuge waters or protected waters.

10-6. Trading of Fish. All fish caught or taken by any means may be traded, provided that

persons shall comply with possession and bag limits at all times, regardless of trading.

10-7. Ice Fishing. Ice fishing holes may not be larger than ten inches (10") in diameter. While

ice fishing, a person may not use more than four (4) fishing lines at one (1) time.

10-8. Attending Lines – Lines may not be left unattended.

XI.

General Regulations

11-1. Persons may not:

(a) Hunt with a handgun if under the age of eighteen (18) unless under the immediate

supervision of a parent or responsible adult.

(b) Transport, deliver, receive, or offer to deliver or receive for transporting any wildlife

or part thereof at any time other than during the open season and three (3) calendar days

after.

limits established in accordance with article 4-2 of these rules.

(d) Possess any live wildlife unless authorized by the Department.

(e) Hunt species for which hunting seasons are not established, hunt wildlife during the

closed season, or hunt wildlife in a refuge/closed area.

(f) Hunt any species more than fifteen (15) minutes after sunset or more than thirty (30)

minutes before sunrise during the gun deer season. Except during the gun deer hunting

Page 13 of 14

season, coyote, fox, raccoon and unprotected species may be hunted without hunting hour

restrictions.

(g) Leave, deposit, place or throw on the waters, ice, shores of water or upon Tribal land,

any empty receptacles containing bait, fish offal, fish carcasses, and/or fish parts.

(h) Catch, kill or take frogs and turtles except by the following authorized methods: hand,

dip net, hook and line, or spear.

(i) Shine while in possession of a firearm, bow or crossbow.

(j) Hunt in a party of more than ten (10) persons.

XII. Health Advisory

12-1. Fish caught in Duck Creek, ducks, geese, and other wildlife may contain PCB’s.

Women and children are most at risk for health defects. Detailed information is available

from the Oneida Conservation Department.

XIII. Enforcement

13.1. Fine and Penalty Schedule. Violation of the Hunting, Fishing and Trapping law and/or

rules may result in the fines/penalties as provided in the Fine and Penalty Schedule, which is

incorporated into these rules as Attachment B.

13.2. Animal Assessments. In the event the Board finds a violation of the Hunting, Fishing and

Trapping law and/or rules, in addition to imposing a fine or penalty, it may also impose a

wildlife protection assessment (civil recovery value) as provided in the Animal Assessment

Schedule, which is incorporated into these rules as Attachment C.

Original Effective Date: May 25, 2017.

Page 14 of 14

ATTACHMENT A ‐ LICENSE AND PERMIT SCHEDULE

License or Permit Name

Application Deadline**

Oneida Sportsmans License

Adult Tribal Member

Elder/Disabled Tribal Member

Youth Tribal Member

Spouse or Dependent of a Tribal Member

Elder Spouse or Elder Dependent of a Tribal Member

Adult Descendant/Other Tribal Affiliation

Elder Descendant/Other Tribal Affiliation

Youth Descendant/Other Tribal Affiliation

Adult Non‐Tribal Member/Descendant/Other Tribal Affiliation

Elder Non‐Tribal Member/Descendant/Other Tribal Affiliation

Youth Non‐Tribal Member/Descendant/Other Tribal Affiliation

Application Fee

Not Applicable

3rd Monday of August*

$10

No Charge

$10

$15

$25

$13

$15

$500

$250

$100

Not Applicable

No Charge

Not Applicable

No Charge

Not Applicable

No Charge

Not Applicable

No Charge

Prior to the Opening Date of the

Season*

No Charge

Not Applicable

No Charge

Not Applicable

No Charge

Not Applicable

No Charge

Not Applicable

No Charge

Not Applicable

No charge

$10

$25

$10

Not Applicable

No Charge

Not Applicable

$20

$10

Not Applicable

No Charge

Tribal Member Ceremonial/Feast Permit

Oneida Tribal Members Only

Disabled Permit

Oneida Tribal Members Only

Nuisance Permit

Oneida Tribal Members Only

Sustenance Permit

Oneida Tribal Members Only

Deer Gun Permit

Included in the issuance of Oneida Sportsman License

Deer Gun Hunter's Choice Permit

Included in the issuance of Oneida Sportsman License

Deer Bow Permit

Included in the issuance of Oneida Sportsman License

Goose Permit

Included in the issuance of Oneida Sportsman License

Small Game Permit

Included in the issuance of Oneida Sportsman License

Turkey Permits

Adult Tribal Member

Elder/Disabled Tribal Member

Youth Tribal Member

Spouse or Dependent of a Tribal Member

Elder Spouse or Elder Dependent of a Tribal Member

Adult Descendant/Other Tribal Affiliation

Elder Descendant/Other Tribal Affiliation

Youth Descendant/Other Tribal Affiliation

Adult Non‐Tribal Member/Descendant/Other Tribal Affiliation

Elder Non‐Tribal Member/Descendant/Other Tribal Affiliation

Youth Non‐Tribal Member/Descendant/Other Tribal Affiliation

Furbearer Permit

Included in the issuance of Oneida Sportsman License

Dog Training Permits

Adult Tribal Member

Elder/Disabled Tribal Member

Found Carcass Permits

Oneida Tribal Members Only

* It is in the Department's full discretion whether to issue licenses and/or permits that do not comply with the required

applcation deadlines, provided that the Department shall assess a $10.00 late fee against all late applications, regardless of

whether the license/permit is issued.

** In all instances where an application deadline is not applicable, the license/permit may applied for up until any applicable

established seasons have closed.

ATTACHMENT B ‐ FINE AND PENALTY SCHEDULE

Fine

Violation

Reference

1st

Violation

Other

Subsequent

Violation

Must Restitution

Appear

Possible

Law §406.6‐2(a);

Rule 4‐3(d)

Law §406.6‐2(c)

150 $

300

Law §406.6‐2(d)

Law §406.6‐4(a)

150 $

300 $

300

600

Fail to provide relevant information to Department when applying for a license or permit

Aid another in fraudulently securing a license or permit.

Altering or defacing a permit

Possession of an altered or defaced permit

Lend or borrow an Oneida sportsman license and/or permit

Failure to display disabled hunter permit sticker when or where required

Law §406.6‐4(a)

Law §406.6‐4(b)

Law §406.6‐5

Law §406.6‐6

300

150

300

600

300

600

1,200

Enter onto private lands and/or waters to take or retrieve wildlife without permission

Litter or leave any other waste onto the reservation's lands/waters

Oneida Tribal Members Only

Cause damage to the land or property of the Nation or Department

Carelessly waste wildlife.

Knowingly disturb any den, nest, lodge, hut, dam or house that wildlife builds

Take, pursue, injure, or harass small game while on or in its nest or den, or remove any eggs

or young

Harvest wildlife with the aid of an explosive, poison, exploding tip or point, electrifying

device or stupefying substance or agent

Take another person's wildlife without consent

Disturb (or take) another's hunting, fishing, or trapping equipment

Interfere with the lawful hunting, fishing or trapping of another

Stock or possess live wildlife without a permit

Introduce or release wildlife, fish eggs, or receptacles containing bait without a permit

Reckless use of any device (or weapon) typically used for harvesting wildlife

Shoot firearms within 100 yards of any building structure

Place or operate non‐live traps within 100 yards of any building structure

Law §406.7‐1(a)

Law §406.7‐1(b)

Law §406.7‐1(c)

Law §406.7‐1(d)

Law §406.7‐1(e)

150

300

600

300

150

300

600

1,200

600

300

Law §406.7‐1(f)

150 $

300

Law §406.7‐1(g)

Law §406.7‐1(h)

Law §406.7‐1(i)

Law §406.7‐1(j)

Law §406.7‐1(k)

Law §406.7‐1(l)

750

300

750

300

750

300

1,500

600

1,500

600

Hunting an antlered deer under a Ceremonial and/or Feast Permit

Unnamed person hunting in a Ceremonial and/or Feast Permit

Failure to notify the Department or provide at less thann twenty‐four (24) hour notice of

the location of the Ceremonial/ Feast hunt

Provide false information to Department when applying for a license or permit

ATTACHMENT B ‐ FINE AND PENALTY SCHEDULE

Fine

Violation

Reference

Sell or purchase wildlife that was harvested on the reservation

Refusal to obey a Warden’s lawful order

Inflict or threaten to inflict bodily harm upon a Warden

Law §406.7‐1(o)

Law §406.7‐1(p)

Law §406.7‐1(q)

1st

Violation

300

600

$ 1,500

Faiure to possess a license/permit/tag/permission to hunt, trap, or transport such wildlife

Driver taking untagged deer killed in collision with driver's vehicle

Failure to posess/attach carcass tag where required

Failure to obtain nuisance animal removal permit

Relocate nuisance animal to Tribal lands without authorization from Department

Relocate nuisance animal to private property without authorization from landowner

Failure to obtain nuisance animal permit for certain nuisance

endangered/threatened/protected species subject to permit

Failure to keep/provide a record of nuisance animal permit activity

Failure to return unused nuisance animal permits and carcass tags

Law §406.7‐2

Law §406.7‐3

Law §406.7‐4

Law §406.8‐1

150

300

150

Law §406.8‐2

Law §406.8‐2(b)

Law §406.8‐2(c)

Law §406.8‐3(b)(1);

Law $406.8‐4

Failure to report taking a nuisance animal under emergency circumstances

Landowner failure to satisfy requirements allowing agent assignment

Failure to follow Department removal limitations

Landowner or lessee charging any fee

Landowner or lessee refusal to allow warden access to premises where removal is

conducted

Landowner or lessee refusal to provide warden information regarding removal

Retain more than one (1) deer pursuant to a nuisance animal permit

Failure to obtain permit to retain nuisance or sell nuisance wildlife

Failure to obtain license/permit to commercialize in, sell, trade, ship or transport any

wildlife

Hunt using any weapon other than an authorized firearm, air rifle, bow or crossbow

Discharge a firearm/air rifle/bow/ crossbow into reservation lakes, reservoirs, or any area

designated for public use

Discharge a firearm/air rifle/bow/crossbow across a roadway.

Discharge a firearm/air rifle/bow/ crossbow within one hundred (100) yards of any

structure

Other

Subsequent

Violation

1,500

1,200

3,000

Must Restitution

Appear

Possible

300

600

300

150 $

300

150 $

300

Law §406.8‐4(a)

Law §406.8‐4(b)

Law §406.8‐4(c)

150 $

300

Law §406.8‐6

Law §406.8‐7(a)

Law §406.8‐7(b)

150

300

600

Law §406.8‐7(c)

Law §406.9‐1(a)

500 $

600 $

1,000

1,200

Law §406.9‐1(b)(1)

Law §406.9‐1(b)(2)

750 $

300 $

1,500

600

Law §406.9‐1(b)(3)

300 $

600

ATTACHMENT B ‐ FINE AND PENALTY SCHEDULE

Fine

Violation

Reference

Other

Law §406.9‐1(c)

Law §406.9‐2(a)

Law §406.9‐2(b)

Law §406.9‐2(c)

Law §406.9‐2(d)

Law §406.9‐2(e)

Law §406.9‐2(f)

Law §406.9‐2(g)

1st

Violation

300

500

300

750

300

Subsequent

Violation

600

1,000

600

1,000

1,500

600

1,500

600

Hunt with, or possess while hunting slugs (except for during deer firearm season)

Hunt with, or possess while hunting a handgun unlawful barrel length

Hunt with, or possess while hunting a concealed handgun without a valid permit

Law §406.9‐2(h)(1)

Law §406.9‐2(h)(2)

Law §406.9‐2(h)(3)

Law §406.9‐2(h)(4)

600

300

Hunt with, or possess while hunting a unlawful shotgun/unlawful shotgun barrel length

Law §406.9‐2(h)(5)(A)

300 $

Law §406.9‐2(h)(5)(B)

Law §406.9‐2(h)(5)(C)

Law §406.9‐2(h)(5)(D)

Law §406.9‐3

Law §406.9‐4(c)

300

1,500

300

Law §406.9‐5(a), (b)

or (c )

Law §406.9‐5(a) or (b)

Law §406.9‐5(a)

Law §406.9‐5(c)

Law §406.9‐5(d) or (e )

500

300

Law §406.9‐6(a)

Law §406.9‐6(c)

Rule 3‐1

Transport any loaded firearm/air rifle/cocked bow/crossbow in a vehicle

Hunting with the use of aircraft

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

Unlawfully hunting/shooting from a vehicle

Hunt while under the influence of alcohol or controlled substance

Hunt with the aid of artificial light

Shining during prohibited times

Hunt in a party of more than ten (10) persons

Hunt with, or possess while hunting any firearm for which the possession is unlawful

Hunt with, or possess while hunting a rifle that has a barrel length of less than sixteen (16)

inches or an overall length of less than twenty‐six (26) inches without a valid federal permit.

Hunt with, or possess while hunting a fully‐automatic firearm

Hunt with, or possess while hunting muffler/silencer

Failure to report/render aid for hunting accident

Failure of designated hunter to deliver harvested wildlife to permittee

Knowingly allowing a person aged fourteen (14) or younger to hunt without being

accompanied by an required adult/,mentor (cite adult/mentor; minor without licene may

be cited under Rule 3‐1)

Minor hunting without being properly accompanied by adult/mentor (cite adult/mentor)

Failure of adult accompanying a youth hunter to remain withing voice/sight contact

Minor under ten (10) years old in possession of a weapon

Failure to follow the youth mentor requirements when acting as a mentor

Failure to maintain required contact with the member of the hunting party for whom a

deer was harvested

Failure to tag deer before field dressing/moving/ leaving unattended

Hunting, fishing or trapping within the exterior boundaries of the reservation, without a

valid Oneida sportsman license/permit in possession

Must Restitution

Appear

Possible

1,200

600

3,000

600

1,000

600

300 $

150 $

600

300

750 $

1,500

ATTACHMENT B ‐ FINE AND PENALTY SCHEDULE

Fine

Other

Violation

Reference

Possess Oneida Sportsmans license and hunt with state license within the Reservation

Rule 3‐2

Rule 4‐3(b);

Law 406.6‐2(a)

Rule 4‐4

Rule 4‐5

Rule 4‐5(b)

Rule 4‐5(c)

Rule 4‐6

Rule 4‐7(a)(1)

Rule 4‐7(a)(2)

Rule 4‐7(a)(2)(C)

Rule 4‐7(a)(2)(D)

Rule 4‐7(a)(4)

Rule 4‐7(a)(5)

Rule 4‐7(a)(6)

Rule 4‐7(a)(7)

Rule 4‐7(a)(8)(a)

150

300

750

300

150

300

600

1,500

600

300

150

600

150

Rule 4‐7(a)(8)(b)

Rule 4‐8

Rule 4‐8(a)

Rule 4‐8(a)(1)

Rule 4‐8(a)(2)

Rule 4‐9

Rule 4‐10

Rule 4‐10(a)

Rule 4‐10(a)(1)

Rule 4‐10(a)(2)

Rule 4‐10(a)(3)

Rule 4‐10(a)(4)

Rule 4‐10(a)6(A)

Rule 4‐10(a)6(B)

Rule 4‐10(b)

300

150

600

150

600

300

150

Violate Ceremonial and/or Fest Permit requirement

Violate Disabled Permit requirement

Violate Nuisance Animal Removal permit

Violate condition of Nuisance Deer Removal Permit

Violate condition of Nuisance Canadian Geese Removal Permit

Violate condition of Sustenance Permit

Violate Deer Permit firearm restriction

Violate deer archery regulations

Harvest deer with a firearm during an archery season

Possess firearm while hunting deer during archery season

Violate blaze orange requirement

Huting deer with the aid of a dog

Failure to attach/retain carcass tag/information

Designated hunter exceeding deer allowance

Failure to comply with deer registration requirement‐ deer harvested by firearm

Failure to comply with deer registration requirement‐ harvested by bow and arrow/ cross

bow/muzzleloader

Take/pursue/Injure/Harass small game in nest/den or remove eggs/young

Hunt small game birds with anything other than an air rifle/shotgun/bow and arrow

Violate small game firearm restriction

Violate small game bow and arrow restriction

Hunt turkey out of season

Hunt turkey without a permit

Possess live waterfowl

Take waterfowl with a trap, net and/or fishhook

Violate waterfowl firearm restriction

Violate waterfowl bow and arrow restrictions

Use electronic call to hunt waterfowl

Drive/rally/chase waterfowl with motorized conveyance

Place decoy in water more than one (1) hour before opening of hunt

Leave decoys in water more than twenty (20) minutes after close of hunt

Establish waterfowl hunting blind seven (7) days prior to or after the season

1st

Subsequent Must Restitution

Appear

Possible

Violation

300 $

600

ATTACHMENT B ‐ FINE AND PENALTY SCHEDULE

Fine

Violation

Reference

Hunt waterfowl in open water

Hunt waterfowl from moving motorboat

Exceed trap/snare limit

Trap with prohibited trap/snare

Trap with any leg hold dry set trap larger than a number four (4)

Trap with any leg hold dry set trap larger than a number five (5)

Trap within twenty‐five (25) feet of sight‐exposed bait

Violate trap/snare marking requirement

Take mink or muskrat by means other than trapping/snaring

Use trap to take wildlife not specified as furbearers

Possess unauthorized trap/snare

Violate small game firearm restriction

Violate small game bow and arrow restriction

Violate set and placement restriction when furbearer trapping

Fail to tend trap as required

Illegal use of dog to hunt

Hunting from a motor vehicle without permission

Violate Dog Training Permit requirement

Erect permanent tree stand on land owned by the Nation

Failure to mark tree stand as required

Failure to mark blind as required

Failure to have 360 degrees of visible blaze orange on the blind when occupied during the

deer gun/muzzleloading season

Hunting with/over prohibited bait material

Take/Kill endangered/threatened/protected species

Damage/Tamper with nest/egg of endangered/threatened/protected species

Failure to tag carcass as required

Violate wildlife registration requirement

Violate wildlife transportation requirement

Leaving fishing line unattended

Fish during closed season

Discharge of a firearm into water

Using ice fishing hole larger than ten inches (10")

Minor hunting with a handgun without required adult supervision

Responsible adult knowingly allowing minor to hunt without supervision

Rule 4‐10(c )

Rule 4‐11

Rule 4‐11(a)

Rule 4‐11(a)(1)

Rule 4‐11(a)(2)

Rule 4‐11(a)(3)

Rule 4‐11(a)(4)

Rule 4‐11(a)(5)

Rule 4‐11(a)(6)

Rule 4‐11(a)(7)

Rule 4‐11(a)(8)

Rule 4‐11(a)(9)(A)

Rule 4‐11(b)

Rule 4‐11(c)

Rule 4‐11(d)

Rule 4‐11(e)

Rule 4‐12

Rule 5‐1

Rule 5‐3

Rule 6‐1

1st

Violation

150

Other

Subsequent

Violation

150

300

Rule 6‐2

150 $

300

Rule 7‐1(a)

Rule 8‐1

Rule 9‐1

Rule 9‐2

Rule 9‐3

Rule 10‐8

Rule 10‐1

Rule 10‐4

Rule 10‐7

Rule 11‐1(a)

150

600

150

600

300

1,200

300

150

300

1,200

Must Restitution

Appear

Possible

ATTACHMENT B ‐ FINE AND PENALTY SCHEDULE

Fine

Violation

Exceed bag/possession limit/size limit

Possess live wildlife without required authorization

Hunt species for which hunting season not established

Hunt wildlife in a refuge

Fish/trap/hunt small game/furbearers/waterfowl during closed season

Hunt deer during closed season

Hunt before or after hours

Leave or deposit trash or fish parts on lands/shores of Oneida Tribal waters, and waters

Empty receptacles containing bait into reservation waters

Shoot frogs and turtles with a firearm/bow/crossbow

Shining while in possession of a firearm/bow/crossbow

Hunting party larger than ten (10) people (fine for each member within the group)

Damaging property/agricultural crops/restoration areas

Reference

Rule 11‐1(c)

Rule 11‐1(d)

Rule 11‐1(e)

Rule 11‐1(f)

Rule 11‐1(g)

Rule 11‐1(h)

Rule 11‐1(i)

Rule 11‐1(j)

1st

Violation

300

600

300

$ 1,500

300

150

300

150

600

Subsequent

Violation

600

1,200

600

3,000

600

300

600

300

1,200

Other

Must Restitution

Appear

Possible

Reference

1st Violation

Subsequent

Violation

Any named violation contined in this attachment may subject the violator to license and/or

permit suspension, revokation and/or future ineligibility

Law §406.10‐2

For a period not to exceed

one (1) year.

For a period not to

exceed two (2) years

with a reinstatement

fee of $75.

For each named potential violation contained in this attachment, it is in the Oneida

Conservation Wardens and/or the Oneida Police Officers full discretion to confiscate any

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

Law §406.10‐3

N/A

Penalties

For each named potential violation contained in this attachment, it is in the Environmental

Resource Board's full discretion to order restitution. Restitution may be appropriate for

damages, injury, or in other circumstances.

ATTACHMENT C ‐ WILDLIFE ASSESSMENT SCHEDULE

Wildlife

Civil

Assessment

Any Endangered or Threated Species

Moose, Fisher, or Sandhill Crane

Bear, Cougar or Timberwolf

Wild Turkey or Wild Swan

Coyote, Raccoon or Mink

Deer

Ruffed Grouse, Spruce Hen, Wild Duck, Coot, or Wild Goose

Pheasant, Hungarian Partridge, Quail, Rail, Wilson's Snipe,

Woodcock or Shorebirds, or Songbird

Muskrat, Rabbit or Squirrel

Muskellunge or Lake Sturgeon

Largemouth or Smallmouth Bass

Brook, Rainbow, Brown or Stealhead Trout

Oneida Tribal Members Only

All Other Wildlife

900

300

400

200

400

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.