Title 4. Environment and Natural Resources – Chapter 406

Tribal code

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Our laws concerning hunting, fishing and trapping

HUNTING, FISHING, AND TRAPPING

406.1.

406.2.

406.3.

406.4.

406.5.

Purpose and Policy

Adoption, Amendment, Repeal

Definitions

Jurisdiction

Administration and Supervision

406.6.

406.7.

406.8.

406.9.

406.10.

Licenses and Permits

General Regulations

Wildlife Damage and Nuisance Control

Hunting

Enforcement and Penalties

406.1.

Purpose and Policy

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

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

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

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

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

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

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

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

406.2.

Adoption, Amendment, Repeal

406.2-1. This law was adopted by the Oneida Business Committee by resolution BC-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-01-14-26-B.

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 This law may be amended or repealed by the Oneida Business Committee and/or the

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

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

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

to have legal force without the invalid portions.

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

the provisions of this law shall control.

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

406.3.

Definitions

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

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

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

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

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

aircraft such as drones.

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

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

condition.

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

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

4 O.C. 406 – page 1

(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

issued by the Department to the holder of a license.

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

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

restricted the taking of.

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

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

lands added thereto pursuant to federal law.

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

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

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

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

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

trapping any wildlife, or attempting any of the foregoing.

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

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

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

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

hold fast, snare or otherwise capture wildlife.

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

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

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

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

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

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

or similar conveyance.

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

protection of wildlife and natural resources.

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

any part or carcass of the same.

406.4.

Jurisdiction

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

(a) All Tribal members,

(b) All non-member Indians,

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

(2) enter Tribal land,

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

406.4-2. This law applies:

(a) within the boundaries of the Reservation, and

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

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

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

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

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

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

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

4 O.C. 406 – page 3

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

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

406.5.

Administration and Supervision

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

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

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

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

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

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

with the Administrative Rulemaking law to:

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

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

hunters.

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

licenses and/or permits.

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

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

gender, species, size, age, and maturity.

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

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

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

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

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

disabled, and youth hunts.

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

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

(1) the taking of wildlife;

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

(g) Establish methods for checking persons into and out of areas territorial limits as

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

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

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

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

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

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

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

game hunting.

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

to implement this law.

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

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

shall:

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

methods and equipment utilized are lawful.

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

limited to, this law and corresponding rules.

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

of this law and/or the corresponding rules.

406.6.

Licenses and Permits

406.6-1. Sportsman License.

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

land, except:

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

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

younger.

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

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

year-round, without a sportsman license:

(A) coyote;

(B) fox;

(D) woodchuck;

(E) rabbit;

(F) squirrel;

(G) beaver; and

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

is also not a regulated or protected species.

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

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

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

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

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

licenses as permitting fishing only.

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

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

4 O.C. 406 – page 5

proof of successful completion of a certified hunter safety course.

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

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

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

antlerless deer.

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

each of the following requirements:

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

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

recognized by the Oneida community; and

(3) The hunt takes place on the reservation.

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

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

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

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

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

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

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

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

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

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

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

Department, when applying for a license or permit; or

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

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

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

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

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

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

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

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

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

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

rules developed pursuant to this law.

406.6-7. Denial of a License or Permit.

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

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

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

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

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

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

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

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

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

jurisdiction.

4 O.C. 406 – page 6

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

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

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

fishing, or trapping laws and regulations of other jurisdictions;

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

hunting, fishing, or trapping activities; or

(iii) demonstrated poor judgment, disregard for safety or

unsportsmanlike behavior while hunting, fishing, or trapping;

including while interacting with other sportsmen or with wardens,

of this jurisdiction or any other.

threatening to impose great bodily harm on another.

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

pursuant to section 406.10-4.

406.7.

General Requirements

406.7-1. Persons may not:

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

from the landowner, lessee, or occupant.

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

the reservation’s lands and waters.

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

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

notice of a hunting and/or trespass restriction.

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

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

comply with section 406.7-1(a).

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

shelter themselves and their young.

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

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

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

practices or wildlife research practices.

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

device, or stunning substance or agent.

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

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

trapping of another person.

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

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

reservation or into reservation waters without a permit.

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

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

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

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

4 O.C. 406 – page 7

given permission.

(m)

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

use for law enforcement and conservation purposes.

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

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

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

expressly allowed by this law and corresponding rules.

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

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

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

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

warden.

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

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

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

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

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

tagged by the State of Wisconsin.

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

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

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

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

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

406.8.

Wildlife Damage and Nuisance Control

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

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

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

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

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

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

landowner.

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

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

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

demonstrate that:

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

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

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

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

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

lessor’s written consent;

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

methods to removal;

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

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

unsuccessful;

4 O.C. 406 – page 8

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

not required in following circumstances:

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

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

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

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

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

Department.

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

emergency circumstance. If the investigation provides clear and convincing

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

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

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

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

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

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

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

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

ensure that the following conditions are met:

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

animal’s species;

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

identifying the following:

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

sought to occur;

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

pursuant to this law.

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

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

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

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

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

the previous January to December.

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

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

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

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

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

officer or warden relating to the said removal.

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

to nuisance animals removed in accordance with this section:

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

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

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

members in the following order:

(1) Elders;

(2) Disabled persons; and

(3) Any other interested persons.

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

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

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

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

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

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

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

406.9.

Hunting

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

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

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

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

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

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

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

this law;

(2) Across any roadway; or

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

lessee, or tenant has granted express permission.

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

permit, if applicable, do any of the following:

(a) Hunt with the use of aircraft;

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

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

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

4 O.C. 406 – page 10

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 fifteen (15) persons;

(h) Hunt with, or possess while hunting:

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

law;

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

also possess the required associated permit;

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

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

and/or

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

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

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

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

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

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

any firearm.

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

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

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

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

as soon as possible.

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

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

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

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

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

the designation before using the permits of the original permittee.

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

(1) Possess a valid hunting license;

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

and

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

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

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

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

406.9-5. Youth Hunters. Persons between the ages of ten (10) and fourteen (14) years old may

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.

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

4 O.C. 406 – page 11

required permits.

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

and sight contact of the youth hunters at all times.

406.9-6. Mentored Hunting. Individuals may obtain a mentored-only hunting license and permit

and hunt without first completing a hunter education course as long as they accompany a mentor

while hunting.

(a) A mentee may be either a:

(1) Tribal member, descendant, non-member Indian, or dependent having less than

ten (10) years of age; or

(2) Tribal member, descendant, non-member Indian, or dependent who has not

completed a required hunter education course.

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

(1) Be a Tribal member;

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

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

(4) Be the mentee’s parent or legal guardian or have permission from the mentee’s

parent or legal guardian. This requirement does not apply if the mentee is age

eighteen (18) or older.

(d) The mentor shall remain within an arm’s grasp of each mentee at all times; \

(e) Only one (1) weapon may be possessed jointly between the mentor and their mentee(s);

(f) A mentee may not use a weapon during the hunt.

406.9-7. Deer Hunting Parties. A deer hunting party consists of a minimum of two (2) people

and a maximum of fifteen (15) people. Any member of a deer hunting party may harvest deer on

behalf of another member of the deer hunting party under the following circumstances:

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

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

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

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

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

required in this section.

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

license and carcass tag for the deer.

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

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

deer unattended until it has been properly tagged.

406.10. Enforcement and Penalties

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

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

information regarding violations shall keep the information confidential.

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

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

of the following acts or any combination thereof:

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

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

4 O.C. 406 – page 12

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

is considered a hunting privilege;

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

applying for a license or permit;

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

(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-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-01-14-26-B

4 O.C. 406 – page 13

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.