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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
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LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA REVISED
Business Committee Conference Room - 2nd Floor Norbert Hill Center
November 5, 2025
9:00 a.m.
I.
Call to Order and Approval of the Agenda
II.
Minutes to be Approved
1. October 15, 2025 LOC Meeting Minutes (pg. 2)
III.
Current Business
1. Hunting, Fishing, and Trapping Law Amendments (pg. 4)
2. Budget and Finances Law Amendments (pg. 77)
3. Eviction and Termination Law Amendments (pg. 123)
4. Solid Waste Disposal Law Amendments (pg. 149)
5. Workplace Violence Law Amendments (pg. 168)
6. Independent Contractor Law Amendments (pg. 194)
7. Public Use of Tribal Land Law Amendments (pg. 222)
IV.
New Submissions
1. Time and Attendance Law for Elected Officials (pg. 239)
V.
Additions
VI.
Administrative Updates
1. E-Poll Results: Approval of the LOC and LRO FY 2026 Annual Reports for GTC (pg. 241)
2. Legislative Operating Committee Fiscal Year 2025 Fourth Quarter Report (pg. 249)
VII.
Executive Session
VIII. Recess/Adjourn
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Oneida Nation
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Oneida Business Committee
Legislative Operating Committee
OODDDO
PO Box 365 • Oneida, WI 54155‐0365
ONEIDA
Oneida‐nsn.gov
LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES
Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center
October 15, 2025
9:00 a.m.
Present: Jameson Wilson, Jennifer Webster, Kirby Metoxen [Microsoft Teams]
Excused: Jonas Hill
Unexcused: Marlon Skenandore
Others Present: Clorissa N. Leeman, Grace Elliott, Carolyn Salutz,
Others Present on Microsoft Teams: Ashley Blaker, David Jordan, Eric Boulanger, Janice
Decorah, Kevin Rentmeester, Kristal Hill, Mark Powless, Melissa Alvarado, Rae Skenandore,
Ralinda Ninham-Lamberies, Rhiannon Metoxen, Tavia James Charles, Tina Jorgensen, Fawn
Cottrell, Peggy Helm-Quest, Sarah White, Jessalyn Harvath
I.
Call to Order and Approval of the Agenda
Jameson Wilson called the October 15, 2025, Legislative Operating Committee meeting to
order at 9:00 a.m.
Motion by Jennifer Webster to adopt the agenda; seconded Kirby Metoxen. Motion carried
unanimously.
II.
Minutes to be Approved
1. October 1, 2025 LOC Meeting Minutes
Motion by Jennifer Webster to approve the October 1, 2025 LOC meeting minutes and
forward to the Oneida Business Committee; seconded by Kirby Metoxen. Motion carried
unanimously.
III.
Current Business
1. Budget and Finances Law Amendments
Motion by Jennifer Webster to approve the draft of the proposed amendments to the Budget
and Finances law; seconded by Kirby Metoxen. Motion carried unanimously.
IV.
New Submissions
V.
Additions
VI.
Administrative Updates
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A good mind. A good heart. A strong fire.
Legislative Operating Committee Meeting Minutes of October 15, 2025
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VII.
Executive Session
VIII. Adjourn
Motion by Jennifer Webster to adjourn at 9:08 a.m.; seconded by Kirby Metoxen. Motion
carried unanimously.
Legislative Operating Committee Meeting Minutes of October 15, 2025
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
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Legislative Operating Committee
November 5, 2025
Hunting, Fishing, and Trapping Law
Amendments
Submission Date: 12/7/22
LOC Sponsor: Jonas Hill
Public Meeting: 8/15/25
Emergency Enacted: N/A
Summary: This item was carried over from last term. On August 10, 2022, the OBC made a motion
“to direct the General Manager to complete the assessment regarding the feasibility of the Environmental,
Health, Safety, Land, & Agriculture Division taking on the roles of the Environmental Resources Board
and for the assessment to be submitted at the second meeting Business Committee meeting in September”.
In short, the GM concluded that although changes were necessary to those Oneida laws that delegated the
authority and responsibility to the Environmental Resources Board (ERB), those responsibilities that were
jointly executed by the ERB and Environmental, Health, Safety, and Land Division (EHSLA), could be
assumed by EHSLA. Additionally, for those duties that delegated ERB the power and duty to carry out the
intent and purposes of the law, including enforcement, those responsibilities could be delegated to EHSLA
and/or the Land Commission.
On September 28, 2022, the OBC made a motion to accept the Environmental, Health, Safety, Land, and
Agriculture Environmental Resource Board assessment; to recommend the dissolution the Environment
Resource Board; and to direct Chief Counsel to bring back a report in 45 days on actions that need to
take place in order to complete the dissolution of the Environmental Resource Board including
amendments to laws and addressing any background material. The Oneida Law Office provided this report
to the Oneida Business Committee on November 29, 2022.
This item was then added to the Active Files List on December 7, 2022, in an effort to make amendments
to address the dissolution of the Environmental Resources Board, and transition the Board’s
responsibilities to the Environmental, Health, Safety, Land and Agriculture Division and/or the Oneida
Land Commission.
12/7/22 LOC: Motion by Jennifer Webster to add the Hunting, Fishing, and Trapping law amendments to
the Active Files List with Kirby Metoxen as the sponsor; seconded by Marie Cornelius. Kirby
Metoxen abstained. Motion carried.
10/4/23 LOC: Motion by Jennifer Webster to add the Hunting, Fishing, and Trapping Law Amendments to
the Active Files List with Jonas Hill as the sponsor; seconded by Marlon Skenandore. Motion
carried unanimously.
1/3/24:
Work Meeting. Present: Jameson Wilson, Marlon Skenandore, Jennifer Webster, Jonas Hill,
Kirby Metoxen Clorissa Leeman, Grace Elliott, Kristal Hill, Maureen Perkins, Fawn Cottrell.
The purpose of this work meeting was for Jonas Hill to provide an update on a meeting he had
with EDSLAD Division Director regarding the division taking on the responsibilities of ERB.
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4/3/24 LOC:
Motion by Jennifer Webster to approve the Legislative Operating Committee community
meeting notice and schedule the community meeting to take place on June 5, 2024; seconded
by Jonas Hill. Motion carried unanimously.
5/1/24 LOC:
Motion by Jennifer Webster to approve the revised LOC community meeting notice and
reschedule the community meeting to take place on June 4, 2024.; seconded by Kirby
Metoxen. Motion carried unanimously.
5/10/24:
Work Meeting. Present: Jameson Wilson. Kirby Metoxen, Jennifer Webster, Jonas Hill,
Marlon Skenandore, Clorissa Leeman, Carolyn Salutz, Grace Elliott, Maureen Perkins, Fawn
Cottrell, Kristal Hill. The purpose of this meeting was to discuss the fact that the June 4 th
community meeting and the fact that there is a budget meeting scheduled the same day and
determine whether we want to continue with holding this community meeting. The LOC
decided to proceed with the community meeting as scheduled.
5/30/24:
Work Meeting. Present: Jameson Wilson. Kirby Metoxen, Jennifer Webster, Jonas Hill,
Clorissa Leeman, Fawn Cottrell, Kristal Hill, Maureen Perkins. The purpose of this work
meeting was to prepare for the June 4, 2024, LOC community meeting and come up with
potential discussion questions.
6/4/24:
Community Meeting. Present: Jameson Wilson, Kirby Metoxen, Jennifer Webster, Jonas Hill,
Clorissa Leeman, Grace Elliott, Fawn Cottrell, Fawn Billie, Kristal Hill, Maureen Perkins,
Marena Bridges, Ike Jordan, Jurt Jordan, Carl Jordan, Bonnie Pigman, Margaret King, Denise
Johnson, Jeff Jordan, Francis Cornelius, Duane Skenandore Jr., Sidney White, Louis Clark,
Tsyoshaat Delgado, Kristin Skenandore, Shad Webster, Chris Jordan, Lois Strong, Xavier
Horkman, Lisa Summers, and others. The Legislative Operating Committee held a community
meeting in the NHC’s cafeteria from 5:30 p.m. through 7:30 p.m. regarding the Hunting,
Fishing, and Trapping law amendments and a new Guardianship law.
12/9/24:
Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Marlon Skenandore,
Clorissa Leeman, Mark Powless, Eric McLester, Shad Webster, Terry Metoxen, Eric
Boulanger, Joel Maxam, Ronald King Jr., Nicole Rommel, Maureen Perkins, Kristal Hill,
Fawn Cottrell, Fawn Billie. The purpose of this work meeting was to read through the law and
begin discussions on potential amendments to be made to the law.
1/14/25:
Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Marlon Skenandore,
Clorissa Leeman, Eric McLester, Shad Webster, Terry Metoxen, Joel Maxam, Ronald King
Jr., Kelly McAndrews, Maureen Perkins, Kristal Hill, Fawn Cottrell,. The purpose of this
work meeting was to read through the proposed amendments to the law discussed during the
last work meeting, and continue discussions on potential amendments to be made to the law.
2/3/25:
Work Meeting. Present: Jameson Wilson, Jennifer Webster, Kirby Metoxen, Jonas Hill,
Clorissa Leeman, Kristal Hill, Maureen Perkins, Grace Elliott, Carolyn Salutz, Fawn Billie.
The purpose of this work meeting was to select the topics for the March 5 th LOC community
meeting. The LOC decided the topics to be discussed should include: Elder Protection law,
Indian Preference in Contracting law amendments, and Hunting, Fishing, and Trapping law
amendments.
2/24/25:
Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Marlon Skenandore,
Kirby Metoxen, Clorissa Leeman, Mark Powless, Eric McLester, Shad Webster, Terry
Metoxen, Eric Boulanger, Joel Maxam, Ronald King Jr., Kristal Hill, Fawn Cottrell. The
purpose of this work meeting was to continue reading through the proposed amendments to
the law and continue discussions on potential amendments to be made to the law.
3/5/25:
Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Metoxen, Clorissa
Leeman, Shad Webster, Nicole Rommel, Grace Elliott, Carolyn Salutz, Fawn Cottrell, Fawn
Billie. The purpose of this work meeting was to review the PowerPoint presentation for the
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March 19th LOC community meeting. Shad also went over some ideas for how the Department
can better handle licensing in the future.
4/16/25:
Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Marlon Skenandore,
Clorissa Leeman, Grace Elliott, Carolyn Salutz, Kristal Hill, Fawn Cottrell, Fawn Billie. The
purpose of this work meeting was to review and finalize the draft of the proposed amendments
to the Hunting, Fishing, and Trapping law.
5/1/25:
Work Meeting. Present: Clorissa Leeman, Shad Webster. The purpose of this work meeting
was to collect some of Conservation’s final comments on the proposed draft of amendments
to the law.
5/7/25 LOC:
Motion by Jennifer Webster to approve the draft of proposed amendments to the Hunting,
Fishing, and Trapping law and direct that a legislative analysis be completed; seconded by
Marlon Skenandore. Motion carried unanimously.
5/21/25 LOC: Motion by Jennifer Webster to approve the updated draft and legislative analysis; seconded
by Jonas Hill. Motion carried unanimously.
6/18/25 LOC: Motion by Jennifer Webster to approve the public meeting packet for the proposed amendments
to the Hunting, Fishing, and Trapping law and schedule a public meeting to be held on July 30,
2025; seconded by Jonas Hill. Motion carried unanimously.
6/18/25:
E-Poll Conducted. The e-poll was titled, Rescheduled Hunting, Fishing, and Trapping Law
Public Meeting. The requested action of the e-poll was to approve the updated public meeting
packet for the proposed amendments to the Hunting, Fishing, and Trapping law and reschedule
the public meeting to be held on August 15, 2025. This e-poll was unanimously approved by
Jonas Hill, Jennifer Webster, Marlon Skenandore, Kirby Metoxen, and Jameson Wilson.
7/2/25 LOC:
Motion by Jennifer Webster to enter into the record the results of the June 18, 2025 e-poll
entitled, Rescheduled Hunting, Fishing, and Trapping Law Public Meeting; seconded by Jonas
Hill. Motion carried unanimously.
8/15/25:
Public Meeting Held. Present: Two (2) individuals provided oral comments during the public
meeting.
8/22/25:
Public Comment Period Closed. No individuals provided written comments during the public
comment period.
9/17/25 LOC: Motion by Jennifer Webster to accept the public comments and the public comment review
memo and defer to a work meeting for further consideration; seconded by Jonas Hill. Motion
carried unanimously.
9/17/25:
Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Kirby Metoxen,
Clorissa Leeman, Grace Elliott, Carolyn Salutz, Kristal Hill, Rhiannon Metoxen. The purpose
of this work meeting was to review and consider the public comments received.
10/16/25:
Work Meeting. Present: Jameson Wilson, Jonas Hill, Clorissa Leeman, Shad Webster, Terry
Metoxen, Kristal Hill, Rhiannon Metoxen. The purpose of this work meeting was to further
discuss how to handle youth hunts and mentor hunts in the Nation.
10/26/25:
Work Meeting. Present: Jameson Wilson, Jonas Hill, Jennifer Webster, Kirby Metoxen,
Clorissa Leeman, Grace Elliott, Carolyn Salutz, Fawn Cottrell, Rhiannon Metoxen. The
purpose of this work meeting was to finalize a decision on proposed language for mentored
hunts.
Next Steps:
Approve the updated public comment review memo, draft,
strong fire.
A good heart. Aanalysis.
mind.legislative
A goodand
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Approve the approve the fiscal impact statement request memorandum and forward to the
Finance Department directing that a fiscal impact statement be prepared and submitted to the
LOC by November 21, 2025.
A good mind. A good heart. A strong fire.
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Oneida Nation
Legislative Operating Committee
Legislative Reference Office
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
TO:
FROM:
DATE:
RE:
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ONEIDA
Legislative Operating Committee (LOC)
Clorissa N. Leeman, Legislative Reference Office, Senior Staff Attorney
November 5, 2025
Hunting, Fishing, and Trapping Law Amendments: Public Comment Review with
Legislative Operating Consideration
On August 15, 2025, a public meeting was held regarding the proposed amendments to the
Hunting, Fishing and Trapping law. Two individuals provided oral comments during the public
meeting. The public comment period was then held open until August 22, 2025. No submissions
of written comments were receive during the public comment period.
On September 17, 2025, the Legislative Operating Committee reviewed and considered the public
comments received. This memorandum is submitted as their review of the comments received
during the public meeting.
Comment 1 – Attendance Composition at a Ceremony or Feast:
406.6.
Licenses and Permits
406.6-2. Ceremonial and/or Feast Permit. Tribal members may apply for a ceremonial
and/or feast permit to group hunt wildlife outside of the regular applicable seasons.
(a) When the ceremonial and/or feast permit is for deer hunting, it may only be issued
for antlerless deer.
(b) A ceremonial and/or feast permit may be issued to a group and/or organization
meeting each of the following requirements:
(1) The designee of the group/organization is a Tribal member;
(2) The occasion for the ceremonial and/or feast requiring the hunt out of
season is recognized by the Oneida community; and
(3) The hunt takes place on the reservation.
(c) All persons participating in the ceremonial and/or feast hunt shall be:
(1) Named hunters on the ceremonial and/or feast permit; and
(2) Tribal members, descendants, or a spouse to a Tribal member.
(d) The designee of the group ceremonial and/or feast hunt shall notify an Oneida
Police Department officer or warden of the time and place where the hunt will take
place no later than twenty-four (24) hours prior to the hunt. The Oneida Police
Department officer or warden may monitor any portion, or the entirety, of the group
ceremonial and/or feast hunt.
Sidney White (oral): Hi, how are you doing today? Sidney White, and I'd like to comment on the
Hunting, Fishing and Trapping law amendments. Thank you for the opportunity, Councilman Hill,
I guess like the first one that I have like a little bit of concern is, is eliminating the requirement that
at least eighty-five percent (85%) of the group and organization members be tribal members. I
kind of look at these being like our resources for our Tribal members and I'd like to ensure that
these are being utilized for Tribal members. I'm not sure like what that percent is like eighty-five
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(85). I do think it should be like a significant portion of Tribal members that would benefit from a
ceremonial or feast permit.
Response
The commenter expresses concern that the proposed amendments to the Law eliminate the
requirement that at least eighty-five percent (85%) of the group and organization members be
Tribal members for a ceremonial or feast permit, as he would like to see this benefit be utilized for
Tribal members.
The current section 406.6-2 of the Law provides that Tribal members may apply for a ceremonial
and/or feast permit to group hunt wildlife outside of the regular applicable seasons. Section 406.62(b)(1)-(4) then goes on to provide that a ceremonial and/or feast permit may be issued to a group
and/or organization meeting each of the following requirements: at least eighty-five percent (85%)
of the group and/or organization members are Tribal members; the agent of the group/organization
is a Tribal member; the occasion for the ceremonial and/or feast requiring the hunt out of season
is recognized by the Oneida community; and the hunt takes place on the reservation.
When the Legislative Operating Committee was developing the amendments to this Law, the type
of group a ceremonial and/or feast permit was issued to was one topic that was discussed. The
proposed amendments to the Law remove the requirement that at least eighty-five percent (85%)
of the group and/or organization members be Tribal members for ceremonial and/or feast permits,
and instead solely requires that the designee of the group/organization is a Tribal member; the
occasion for the ceremonial and/or feast requiring the hunt out of season is recognized by the
Oneida community; and the hunt takes place on the reservation. [4 O.C. 406.6-2(b)(1)-(3)]. The
Legislative Operating Committee made the decision to remove this requirement based on the
difficulty in actually enforcing the requirement. It is unlikely that an Oneida Police Department
officer or warden would attend a ceremony or feast to check the enrollment status of those in
attendance. The Legislative Operating Committee also discussed the fact that there may be
instances where a ceremonial and/or feast permit is issued, such as for a funeral feast, in which it
would be limiting for the purpose of the feast to put qualifications on the enrollment status of
guests. The Legislative Operating feels that the other requirements in section 406.6-2(b) ensure
that this permit has some connection back to the Nation and its culture and traditions. Additionally,
those who are named hunters on the permit are required to be a Tribal member, descendants, or a
spouse to a Tribal member. [4 O.C. 406.6-2(c)(2)].
The Legislative Operating Committee may determine whether or not to reconsider its decision to
remove the requirement that at least eighty-five percent (85%) of the group and/or organization
members be Tribal members for ceremonial and/or feast permits. The Legislative Operating
Committee may make one of the following decisions:
1. The proposed amendments to the Law which remove the requirement that at least eightyfive percent (85%) of the group and/or organization members be Tribal members for
ceremonial and/or feast permits should remain moving forward.
2. The proposed amendments to the Law should revert to the currently effective language and
it should be required that at least eighty-five percent (85%) of the group and/or organization
members be Tribal members for ceremonial and/or feast permits.
A good mind. A good heart. A strong fire.
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LOC Consideration
The Legislative Operating Committee determined that the proposed amendments to the Law
should remain as currently drafted and remove the requirement that at least eighty-five percent
(85%) of the group and/or organization members be Tribal members for ceremonial and/or feast
permits. [4 O.C. 406.6-2(b)(1)-(3)]. The Legislative Operating Committee did want to clarify that
the original requirement that at least eighty-five percent (85%) of the group and/or organization
members be Tribal members for ceremonial and/or feast permits was in reference to the percentage
of attendees at the ceremony or feast itself that were Tribal members – not a reference to the
percentage of named hunters participating in the hunt for the ceremony or feast. The Law requires
those who are named hunters on the permit to be a Tribal member, descendants, or a spouse to a
Tribal member. [4 O.C. 406.6-2(c)(2)]. Again, the Legislative Operating Committee made the
decision to remove the requirement that eighty-five percent (85%) of the group and/or organization
members be Tribal members for ceremonial and/or feast permits from the Law based on the
difficulty in actually enforcing this requirement, and the fact that there may be instances where a
ceremonial and/or feast permit is issued in which it would be limiting for the purpose of the feast
to put qualifications on the enrollment status of guests.
Comment 2 – Named Hunters for Ceremonial or Feast Permits:
406.6.
Licenses and Permits
406.6-2.
Ceremonial and/or Feast Permit. Tribal members may apply for a ceremonial
and/or feast permit to group hunt wildlife outside of the regular applicable seasons.
(a)
When the ceremonial and/or feast permit is for deer hunting, it may only be issued
for antlerless deer.
(b)
A ceremonial and/or feast permit may be issued to a group and/or organization
meeting each of the following requirements:
(1)
The designee of the group/organization is a Tribal member;
(2)
The occasion for the ceremonial and/or feast requiring the hunt out of season is
recognized by the Oneida community; and
(3)
The hunt takes place on the reservation.
(c)
All persons participating in the ceremonial and/or feast hunt shall be:
(1) Named hunters on the ceremonial and/or feast permit; and
(2) Tribal members, descendants, or a spouse to a Tribal member.
(d)
The designee of the group ceremonial and/or feast hunt shall notify an Oneida Police
Department officer or warden of the time and place where the hunt will take place no later
than twenty-four (24) hours prior to the hunt. The Oneida Police Department officer or
warden may monitor any portion, or the entirety, of the group ceremonial and/or feast hunt.
Sidney White (oral): Also do have some concerns about naming the hunters on the permit, if it's
going to be just like a paper permit or if they'll be like some digital means to add people to the
permit. We all know that when we go hunting and we might have ten (10) guys and maybe three
(3) of them drop out. If we want to add another three (3), there should be like a digital mechanism
to to add those to the permit.
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GDODOO
A good mind. A good heart. A strong fire.
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Response
In his discussion of the ceremonial and/or feast permits, the commenter questioned whether there
was a digital mechanism for changing the named hunters on an issued permit, especially in
instances in which someone may not be able to participate last minute and a group would like to
use a replacement hunter.
Currently, the Law does not address the manner in which permits are issued to individuals –
whether that be paper permits or digital permits, or any revisions to those named hunters on permits
occurs, if it does at all. The Conservation Department is delegated the authority to develop rules
to address the application requirements for obtaining any of the Nation’s licenses or permits. [4
O.C. 406.5-2(b)]. The Law does state that Tribal members may apply for a ceremonial and/or feast
permit to group hunt wildlife outside of the regular applicable seasons. [4 O.C. 406.6-2]. All
persons participating in the ceremonial and/or feast hunt are required to be named hunters on the
ceremonial and/or feast permit, and the named hunters are required to be Tribal members,
descendants, or a spouse to a Tribal member. [4 O.C. 406.6-2(c)]. These provisions together would
lead one to the presumption that an individual would need to obtain approval to be named on a
ceremonial and/or feast hunt permit, and therefore a last minute switch of the named hunter on the
permit is most likely not occurring. Furthermore, the designee of the group ceremonial and/or feast
hunt is required to 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, and the Oneida
Police Department officer or warden has the discretion to monitor any portion, or the entirety, of
the group ceremonial and/or feast hunt. [4 O.C. 406.6-2(d)].
It is recommended that the Legislative Operating Committee reach out to the Conservation
Department to learn more about how handling or revising named hunters on a ceremonial and/or
feast permit is currently handled, is allowed, in order to obtain more information so that the
Legislative Operating Committee can make an informed decision as to whether this issue needs to
be addressed in the Law.
LOC Consideration
The Legislative Operating Committee agreed that we should reach out to the Conservation
Department to learn more about how they currently address the issue of the revision of named
hunters on a permit, specifically those for ceremonial and/or feast permits. The Legislative
Operating Committee believes this may be an issue that can be best clarified through the
administrative rules developed by the Conservation Department.
Comment 3 – Data for Ceremonial and Feast Permits:
406.6.
Licenses and Permits
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
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GDODOO
A good mind. A good heart. A strong fire.
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meeting each of the following requirements:
(1) The designee of the group/organization is a Tribal member;
(2) The occasion for the ceremonial and/or feast requiring the hunt out of
season is recognized by the Oneida community; and
(3) The hunt takes place on the reservation.
(c) All persons participating in the ceremonial and/or feast hunt shall be:
(1) Named hunters on the ceremonial and/or feast permit; and
(2) Tribal members, descendants, or a spouse to a Tribal member.
(d) The designee of the group ceremonial and/or feast hunt shall notify an Oneida
Police Department officer or warden of the time and place where the hunt will take
place no later than twenty-four (24) hours prior to the hunt. The Oneida Police
Department officer or warden may monitor any portion, or the entirety, of the group
ceremonial and/or feast hunt.
Sidney White (oral): I do have a couple more notes. I apologize cause I put them like further
down into the document. The other, the other question or maybe like request would be when we're
talking about ceremonial or feast permits is that we have you know some type of data to to identify
how often this has been utilized. In the the description it it identifies, you know, a funeral feast.
You know, I know there's community members that aren't aware of the ceremonial or feast permit.
I've, you know, talked with a couple of them that have, you know, like men's groups or maybe do
sweat or recovery groups and and I hear the comments of like boy I'd like to have, you know, like
a deer to, you know, slice and, you know, make it into a traditional soup and they don't hunt and
they're not really aware. So I would like to see like some data presented to the community, like
how often is ceremony or feast permits use and like what context are they used for. And then
maybe just like a better job of like making that aware to the people that especially like the elders
that are are working with some of these groups and and ceremonial, spiritual and recovery. I think
that could be something that we could do a better job at.
Response
The commenter makes a request that data be shared regarding the frequency and context in which
ceremony and/or feast permits are issued, and that generally better communication regarding the
existence of the ceremonial and/or feast permit be shared with the community.
The Legislative Operating Committee does not have specific data in regard to the frequency or
context in which permits are issued by the Conservation Department. It is recommended that the
Legislative Operating Committee reach out to the Conservation Department and ask for more
information regarding the ceremonial and/or feast permits for a greater understanding of this issue,
and also share the request that better communication regarding these permits be shared with the
community.
There are no recommended revisions to the Law based on this comment.
LOC Consideration
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The Legislative Operating Committee agrees that the best course of action is to reach out to the
Conservation Department and share that we received a public comment requesting more
information regarding the ceremonial and/or feast permits – such as how many are issued and for
what purpose, and also share the desire for the Conservation Department communicate and share
more information regarding these permits with the community moving forward.
Comment 4 – Accidental Collision with Deer:
406.7. General Requirements
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.
Sidney White (oral): I do have some concerns where it says 4 O.C. 406.7-3 when it talks about
the state of Wisconsin being the ones that would tag a deer, I guess like my concern is, does that
read as exclusively to the state of Wisconsin? So, if we do have, you know, a conservation warden
or one of the Oneida Police officers, would they still be able to tag a deer? Again, I'm not the
content expert on that, but I would like clarification on that.
Response
The commenter shares concerns regarding the provision of the Law which addresses the accidental
collision between a vehicle and a deer, and asks why the tagging of a deer in this situation is
handled by the State of Wisconsin and not an Oneida Police Department officer or warden.
Currently, section 406.7-3 of the Law that is in effect provides that any person who accidentally
collides with and kills a deer while operating a vehicle on a roadway, may retain possession of the
said deer, provided that the person shall have the deer tagged by the Department or the
Department’s designee. The proposed amendments to the Law provide that 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. [4 O.C. 406.7-3]. The proposed amendments to the Law change the responsibility for
who tags the deer from the Department or its designee to the State of Wisconsin based on the
recommendations from the Oneida Police Department and Conservation Department. During work
meetings on the development of these amendments the Oneida Police Department and the
Conservation Department provided that they do not currently respond to requests to tag any deer
that a vehicle has collided with, and instead that when this occurs they refer individuals who have
collided with a deer to follow the process set forth by the State of Wisconsin.
There are no recommend revisions to the Law based on this comment.
LOC Consideration
The Legislative Operating Committee agreed that no revision to the Law is necessary based on
this comment because the amendment to section 406.7-3 of the Law was made at the request of
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the Oneida Police Department and the Conservation Department to best reflect their current
practices.
Comments 5 through 6 – Hunting Party Size:
406.9. Hunting
406.9-2. General Hunting Restrictions. Persons may not, unless specifically authorized by a
permit, if applicable, do any of the following:
(g) Hunt in a party of more than fifteen (15) persons;
Sidney White (oral): I do have some concerns with increasing the hunting party from the size of
ten (10) to fifteen (15). My experience is once you start getting, you know, more than one (1)
hunting party in a relatively, you know, close area, that one (1) or two (2) mile area, then that can
potentially go from thirty (30) people to forty-five (45) people. That's kind of in my experience
out in the field, and I think safety becomes like a concern, especially when you start adding, you
know, children that are in there or younger hunters too.
Jerome Webster (oral): And same, I guess I'm same thing. Well, you got me going now. So, with
the ten (10) to fifteen (15) people. He's like going back to Sids, yes, I totally understand what he's
talking about, but I would say keep it at ten (10). Yes, and all of us got big families and whatever
and we all like to hunt together and but like you said, we don't got the room. Unless we buy some
more land, but yes, I would like to try to keep it at ten (10).
Response
Overall, both commenters express safety concerns regarding the expansion of the allowable
hunting party size, and instead would like to see the hunting party size limitations remain as
currently provided in the Law.
Section 406.9-2(g) of the currently effective Law provides that persons may not, unless specifically
authorized by a permit, hunt in a party of more than ten (10) persons. The proposed amendments
to the Law expand the allowable hunting size so that persons may not, unless specifically
authorized by a permit, hunt in a party of more than fifteen (15) persons. [4 O.C. 406.9-2(g)]. The
Legislative Operating Committee made the decision to expand the allowable hunting party size
based on concerns regarding the ability of a hunting party size to be monitored and enforced, and
that the increased hunting party size might better reflect what is actually occurring in hunting
parties.
The Legislative Operating Committee may determine whether or not to reconsider its decision to
expand the allowable hunting party size from ten (10) to fifteen (15) persons. The Legislative
Operating Committee may make one of the following decisions:
1. The proposed amendments to the Law should remain as currently drafted and allow a
hunting party size up to fifteen (15) persons.
2. The proposed amendments to the Law should revert to the currently effective language and
the Law should provide that a hunting party cannot exceed ten (10) persons.
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LOC Consideration
The Legislative Operating Committee considered the comments received and the concerns for
safety that were expressed, but ultimately decided that the proposed amendments to section 406.92(g) of the Law should remain as currently drafted and allow a hunting party size up to fifteen (15)
persons. The Legislative Operating Committee discussed that fact that they originally made the
decision to expand the allowable hunting party size based on concerns regarding the ability of a
hunting party size to be monitored and enforced – these concerns were shared with the Legislative
Operating Committee by the Oneida Police Department and the Conservation Department. The
Legislative Operating Committee also felt that the increased hunting party size might better reflect
what is actually occurring in hunting parties. The Legislative Operating Committee discussed that
hunting parties may include children and elders who participate in the hunting party but are taking
on a less active role. Ultimately, the Legislative Operating Committee decide that ensuring the
safety of a hunting party is less dependent on the size of the party, and more dependent on the
individual efforts of each hunter to ensure they are operating in a safe manner.
Comments 7 through 8 – Designated Hunters:
406.9. Hunting
406.9-4. Designated Hunters. A permittee may name a designated hunter to hunt, fish, or
trap on behalf of the permittee in the event that the permittee is physically or legally unable
to take pursuant to their own permit, provided that, the designated hunter shall provide their
name and contact information to the Department along with a signed statement from the
original permittee naming the designated hunter. The designated hunter shall receive the
Department’s approval of the designation before using the permits of the original permittee.
(a) To be eligible to be named a designated hunter, the named person shall:
(1) Possess a valid hunting license;
(2) Be eligible for the permits for which the person is named the designated
hunter; and
(3) Meet any other requirements of the rules created pursuant to this law.
(b) Designated hunters may hunt for an unlimited number of permittees.
(c) Any wildlife taken by a designated hunter remains the property of the original
permittee; the designated hunter shall transfer any wildlife taken by designation to
the original permittee’s possession as soon as practicable following the taking.
Sidney White (oral): The other concern I have is on 406.9-4-(b) allowing designated hunters to
hunt for an unlimited number of permittees instead of being limited to the number authorized by
the rules. I could see that having like some issues as you know if somebody's you know, going
hunting and you know, harvesting multiple deer for multiple people, I feel like that should be a
privilege that should be reserved for Tribal members only. I also have concerns that if you're going
to be harvesting an animal for, for another elder or or an elder is that that entire animal should go
to the elder. It's been my experience is like where, you know, somebody harvest a deer for an elder
and it's like, well, we'll just split it half. I think that's like a privilege and I think if somebody takes
that on for hunting like the entire animal should you know, going to that that elder. which I think
the Nation could potentially do stepping up like food sovereignty and having some type of
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processing to make sure that you know an elder gets like a finished, a finished product as far as
like butchering.
Sidney White (oral): And then for designated hunters, there is a comment in there under M and
it says line 272 which is legally unable to take their own permit. I I would like clarification that if
there are tribal members that are felons, they cannot like firearm, use a firearm to hunt. Can they
obtain a permit for the gun deer season and designate someone to hunt for them? I think that needs
to be clarified because there has been like some discussion of tribal members that are felons that
do bow hunt only getting. maybe like one (1) or two (2) tags. If we had like a elder that is a felon
and you know can't have a firearm, are they still going to get a tag to be able to use for the gun
deer season?
Apologize here, I just want to go through the rest of my notes just to make sure I have everything.
I believe that wraps up like my comments on there and I I appreciate the opportunity to provide
the oral testimony or oral feedback on these. Those are some of the things that I feel like are
important and you know, just I think maybe being able to get like some of that information.
Especially like the data aspect and then making sure that we maintain our sovereignty. I I would
hate to see something going over to, you know, the State of Wisconsin only. I'm sure that's not like
what's going to happen. I just want to make sure that that's how it reads and and in the law. Thank
you.
Response
Overall, the commenter expresses some concerns and need for clarification regarding designated
hunters. The commenter expresses concern that the proposed amendments to the Law allow
designated hunters to hunt for an unlimited number of permittees, and expresses that the ability to
harvest multiple deer for multiple people should be a benefit reserved for Tribal members. The
commenter also expresses concern that it should be ensured that a deer harvested by a designated
hunter be provided in totality to the original permittee. The commenter also questions whether a
Tribal member who is a felon and cannot legally use their own weapon to hunt can obtain a
designated hunter.
The Law addresses designated hunters and provides that 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 Conservation Department along with a signed statement from
the original permittee naming the designated hunter. [4 O.C. 406.9-4]. It appears that the statement
that a person could use a designated hunter if they are “legally unable to take pursuant to their own
permit” would answer the commenter’s question regarding whether this applies to those
individuals who may not be able to possess a firearm due to legal reasons – unless further
restrictions `by the Conservation Department through the rules exists. The Law then provides that
the designated hunter shall receive the Department’s approval of the designation before using the
permits of the original permittee. Id. To be eligible to be named a designated hunter, the named
person shall possess a valid hunting license; be eligible for the permits for which the person is
named the designated hunter; and meet any other requirements of the rules created pursuant to this
law. [4 O.C. 406.9-4(a)]. Any wildlife taken by a designated hunter remains the property of the
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original permittee; the designated hunter is required to transfer any wildlife taken by designation
to the original permittee’s possession as soon as practicable following the taking. [4 O.C. 406.94(c)]. This provision of the Law addresses the commenter’s concerns that a designated hunter be
required to provide the entire animal to the original permittee.
Section 406.9-4(b) of the currently effective Law provides that designated hunters may hunt for
the number of permittees as authorized by the rules developed pursuant to this law – which
currently provides in section 4-7(a)(7) of the Rule Handbook that 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. The proposed
amendments to the Law provide that designated hunters may hunt for an unlimited number of
permittees. [4 O.C. 406.9-4(b)]. The Legislative Operating Committee decided to remove any
limitation on the number of permittees a designated hunter may hunt for in an effort to ensure that
the highest number of permittees end the season obtaining animals that can be used to feed a family
- no matter whether or not that animal may have been harvested through the same designated
hunter.
The Legislative Operating Committee may determine whether further restrictions on designated
hunters should be explored.
LOC Consideration
The Legislative Operating Committee determined that the proposed amendments to the Law in
regard to designated hunters should remain as currently drafted moving forward. The Legislative
Operating Committee believe that the Law’s eligibility requirements for being named a designated
hunter help ensure that designated hunters are primarily members of the Nation – which was a
concern of the commenter. To be named a designated hunter, the named person is required to
possess a valid hunting license; be eligible for the permits for which the person is named the
designated hunter; and meet any other requirements of the rules created pursuant to this law. [4
O.C. 406.9-4(a)]. The Legislative Operating Committee also strongly believes that removing the
limitation on the number of individuals you can be a designated hunter for will increase the number
of permittees that ultimately fulfill the permitted tags that they were granted. [4 O.C. 406.9-4(b)].
Comments 9 through 10 – Youth Hunters:
406.9. Hunting
406.9-5. Age Restrictions.
(a) Persons between the ages of ten (10) and fourteen (14) years old may only hunt if
they have obtained the required license and permits and are under the immediate
supervision of a parent, legal guardian, or a responsible adult to which a parent or
legal guardian has delegated their supervisory responsibilities.
(1) The parent, legal guardian, or responsible adult shall have a valid license
and any required permits.
(2) Adults accompanying youth hunters pursuant to this section shall remain
within voice and sight contact of the youth hunters at all times.
(b) Tribal members, descendants, non-member Indians and dependents having less
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than ten (10) years of age may accompany a mentor while hunting, provided that
youth under the age of ten (10) may not use a weapon during the hunt.
(1) In order to be eligible to be a mentor, the person shall:
(A) Be at least eighteen (18) years old;
(B) Have a valid license and any required permits; and
(C) Be the youth hunter’s parent or legal guardian or have permission
from the hunter’s parent or legal guardian to be the hunter’s mentor
(2) Mentors may mentor a maximum of two (2) youth hunters at the same
time; and
(3)
The mentor shall remain within an arm’s grasp of each youth hunter
at all times.
Sidney White (oral): I do have like some questions or would like clarifications on the ten (10) to
fourteen (14) year old. If we look at the State of Wisconsin, there is a mentor and mentee hunt for
like ten (10) and eleven (11) year olds. Those don't require hunter safety. I would like clarification
on this rule is if a ten (10) and eleven (11) year old can come and hunt without hunter safety and
being within within arm reach. I do see that it mentioned like having all the licenses and permits.
I guess like my my clarification going forward is can a ten (10) and eleven (11) year old get a
mentee license and permit in the absence of completing hunter safety the similar to that the State
of Wisconsin offers.
Jerome Webster (oral): Jerome Webster, I got. Yes, I agree with the just the restrictions for the
younger ones, but even I would say we could even lower the age limit from below ten (10) long
as you are the mentor or the responsible adult. But I just don't, like I said, I'm reading this from it
says from the ages of ten (10) to fourteen (14). Don't we only got to be twelve (12) to they obtain
a hunter safety? For the tribe? For the state, it is ten (10). But just reading that I'm agreement with
that, allowing the younger we, like you said, we need our kids out there.
Response
The commenters both discuss how the amendments to the Law address age restrictions for youth
hunters. One commenter requests clarification on whether a ten (10) and eleven (11) year old can
get a mentee license and permit in the absence of completing hunter safety – while the other
commenter suggests lowering the age restrictions even further as it would be beneficial for the
Nation to have more youth hunters.
Section 406.9-5 of the currently effective Law addresses age restrictions through three (3) main
age group designations by providing that:
persons between the ages of twelve (12) and fourteen (14) years old may only hunt if they
have obtained the required license and permits and are under the immediate supervision of
a parent, legal guardian or a responsible adult to which a parent or legal guardian has
delegated his or her supervisory responsibilities.
Tribal members, descendants, non-member Indians and dependents aged ten (10) or eleven
(11) years old may hunt if they have a mentor present while hunting and have obtained any
required licenses and permits.
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Tribal members, descendants, non-member Indians and dependents having less than ten
(10) years of age may accompany a mentor while hunting, provided that youth under the
age of ten (10) may not use a weapon during the hunt.
The proposed amendments to the Law look at combining the age groups of ten (10) or eleven (11)
year olds and twelve (12) and fourteen (14) year olds, and provides the following:
Persons between the ages of ten (10) and fourteen (14) years old may only hunt if they have
obtained the required license and permits and are under the immediate supervision of a
parent, legal guardian, or a responsible adult to which a parent or legal guardian has
delegated their supervisory responsibilities
Tribal members, descendants, non-member Indians and dependents having less than ten
(10) years of age may accompany a mentor while hunting, provided that youth under the
age of ten (10) may not use a weapon during the hunt. [4 O.C. 406.9-5].
Therefore, all youth hunters ages ten (10) through fourteen (14) would be treated the same and
required to obtain the required license and permits. Id. Adults accompanying youth hunters aged
ten (10) through fourteen (14) are required to remain within voice and sight contact of the youth
hunters at all times. [4 O.C. 406.9-5(a)(2)]. For those youth hunters younger than ten (10) years
of age, they can accompany a hunter during a hunt without any licenses and permits, but they may
not use a weapon and have to remain within an arm’s grasp of their mentor at all times. [4 O.C.
406.9-5(b)(3)].
The Legislative Operating Committee may determine whether age restrictions under the Law need
any reconsideration moving forward.
LOC Consideration
The Legislative Operating Committee agreed with the commenters that more clarification should
be added to the Law to address whether individuals can participate in a “mentor hunt” if they have
not completed a hunter’s safety course much like what occurs in the State of Wisconsin. The
Legislative Operating Committee discussed they would like to see our Law allow for a mentor
hunt because it is another way to get the youth interested in and learning more about hunting. The
Legislative Operating Committee directed the drafting attorney to work on language to address a
mentor hunt in our Law.
Comments 11 – Disabled Hunter Permits:
406.6. Licenses and Permits
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.
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Jerome Webster (oral): And, well, I thought, well, I'm going to the the requirement that medical
verification for disabled hunters, which I am disabled hunter and I showed all my paperwork when
I got when I had to get my permit. So yes, they should, you should have to show it something from
your doctor showing that you are disabled or you have mobility issues. Grim up with that.
And I think that's I'm I'm good with everything else unless I figure out something else. Thank you.
Response
The commenter expresses support that an individual who seeks a disabled hunters permit should
have to provide medical verification.
A disabled hunter permit authorizes a person to hunt from a stationary vehicle within fifty (50)
feet on the center of a road. [4 O.C. 406.6-6]. Section 406.6-6 of the currently effective Law
provides that the Conservation Department may issue a disabled hunter permit to any person who
is physically disabled, upon a showing of medical verification of a physical disability. The
proposed amendments to the Law goes a little bit further and provides that the Conservation
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. [4 O.C. 406.6-6]. The
proposed amendment attempts to build a better connection between a disability that results in
mobility issues and the need for a disability permit which allows for an individual to hunt from a
stationary vehicle.
There are no recommended revisions based on this comment.
LOC Consideration
The Legislative Operating Committee agreed there is no revision to the Law needed based on this
comment, as the commenter was stating support for section 406.6-6 of the Law which addresses
disabled hunters.
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Title 4. Environment and Natural Resources – Chapter 406
Lutol@tha>, Latsyw@aha> O>kh@le Atlist@y< Tsi> Kayanl^hsla
Our laws concerning hunting, fishing and trapping
HUNTING, FISHING, AND TRAPPING
406.1.
406.2.
406.3.
406.4.
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Purpose and Policy
Adoption, Amendment, Repeal
Definitions
Jurisdiction
Administration and Supervision
406.6.
406.7.
406.8.
406.9.
406.10.
Licenses and Permits
General Regulations
Wildlife Damage and Nuisance Control
Hunting
Enforcement and Penalties
406.1.
Purpose and Policy
406.1-1. Purpose. The purpose of this law is to protect and conserve wildlife on the reservation
and to promote respect among sportsmen for both the environment and fellow sportsmen.
406.1-2. Policy. It is the policy of the Nation to provide:
(a) An adequate and flexible system for the protection, management, supervision,
conservation, and enhancement of all wildlife and natural resources on the reservation; and
(b) An enforceable system of licensing and permitting which establishes clear rules
pursuant to the Administrative Rulemaking law related to hunting, fishing, and trapping,
and associated fines and penalties for violations of this law and the said rules.
406.2.
Adoption, Amendment, Repeal
406.2-1. This law was adopted by the Oneida Business Committee by resolution BC-08-31-94C, and amended by resolutions BC-04-24-96-A, BC-07-22-98-A, BC-09-13-00-D, BC-06-04-03A, BC- 06-30-04-I, BC-07-13-05-E, BC-08-29-07-F, BC-06-24-09-E, BC-08-26-10-I, BC-12-1411-E, BC-05-22-13-A, BC-01-25-17-D, BC-07-26-17-F, and BC-__-__-__-__.
406.2-2. This law may be amended or repealed by the Oneida Business Committee and/or the
General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
406.2-3. Should a provision of this law or the application thereof to any person or circumstances
be held as invalid, such invalidity shall not affect other provisions of this law which are considered
to have legal force without the invalid portions.
406.2-4. In the event of a conflict between a provision of this law and a provision of another law,
the provisions of this law shall control.
406.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
406.3.
Definitions
406.3-1. This section shall govern the definitions of words and phrases used within this law. All
words not defined herein shall be used in their ordinary and everyday sense.
(a) “Aircraft” means a conveyance that can travel through the air and that is supported
either by its own lightness or by the action of the air against its surfaces. The term includes
hovercraft and both manned aircraft such as airplanes and helicopters and unmanned
aircraft such as drones.
(b) “Barrel length” means the length of a gun’s barrel as measured from the muzzle to
the firing pin with the action closed, or from the muzzle to the breech face.
(c) “Bodily harm” means physical pain or injury or any impairment of the physical
condition.
(d) “Daily bag limit” means the maximum number of a species of wildlife that a person
may take during a twenty-four (24) hour period measured from midnight to midnight.
4 O.C. 406 – page 1
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(e) “Department” means the Oneida Conservation Department.
(f) “Dependent” means a person under the age of eighteen (18) who is the child or stepchild of a Tribal member or who lives with a Tribal member for more than half of the year.
(g) “Descendant” means a person who is registered with, and recognized by, the Oneida
Trust Enrollment Department as being the descendant of an enrolled member of the Nation.
(h) “Designated hunter” means the person named by a permittee as authorized to harvest
wildlife on behalf of the permittee pursuant to the permit held by the permittee.
(i) “Elder” means any person fifty-five (55) years of age or older.
(j) “Endangered or threatened” means any species of wildlife within the reservation in
danger of extinction or likely to become in danger of distinction as recognized by the
Department and under federal law.
(k) “Fine” means a monetary punishment issued to a person violating this law and/or the
rules created pursuant to this law.
(l) “Fishing” means the taking, capturing, harvesting, or attempting to take, capture or
harvest fish of any variety in any manner.
(m) “Great bodily harm” means bodily injury which creates a substantial risk of death, or
which causes serious permanent disfigurement, or which causes a permanent or protracted
loss or impairment of the function of any bodily member or organ or other serious bodily
injury.
(n) “Hunt” or “Hunting” means shooting, shooting at, pursuing, taking, attempting to
take, catch, harvest or attempting to harvest any wildlife.
(o) “License” means a written document issued by the Department granting authority to
engage in specific activities covered under this law and the rules created pursuant to this
law.
(p) “Loaded” means any firearm containing a cartridge in the chamber or any firearm
containing a cartridge or cartridges in the attached cylinder, magazine, or clip.
(1) Muzzleloading firearms may not be considered loaded if a percussion cap is not
covering the percussion nipple or .209 primers are not in the receiver.
(2) Flint lock muzzleloading firearms may not be considered loaded if the flash pan
is cleaned of powder.
(q) “Nation” means the Oneida Nation.
(r) “Non-Indian” means a person who is not a member of any federally recognized
Indian tribe, band, or community.
(s) “Non-Member Indian” means a person who is a member of a federally recognized
Indian tribe, band, or community other than this Nation.
(t) “Nuisance Animal” means any wildlife causing and one (1) or combination of the
following:
(1) Damage to property;
(2) Damage to or endangered or threatened species of wildlife and/or plants;
(3) Depredation of crops and/or livestock; or
(4) Health and/or safety risks posed to persons.
(u) “Penalty” means a punishment, other than a fine, imposed on a person violating this
law and/or the rules created pursuant to this law and may include, but is not limited to, the
confiscation of equipment and/or wildlife, the imposition of a wildlife protection
assessment (civil recovery value), revocation and/or ineligibility for licenses and/or
permits for a specified period of time, and restitution.
(v) “Permit” means a document, stamp or tag authorizing a specific activity which is
4 O.C. 406 – page 2
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issued by the Department to the holder of a license.
(w) “Protected species” means any species of wildlife that is not endangered or
threatened, but for the Department has established seasons, daily bag limits, or otherwise
restricted the taking of.
(x) “Reservation” means all the property within the exterior boundaries of the reservation
of the Nation, as created pursuant to the 1838 Treaty with the Oneida 7 Stat. 566, and any
lands added thereto pursuant to federal law.
(y) “Rule” means a set of requirements, including citation fees and penalty schedules,
enacted by the Department in accordance with the Administrative Rulemaking law based
on authority delegated in this law in order to implement, interpret and/or enforce this law.
(z) “Take” or “Taking” means pursuing, shooting, hunting, fishing, netting (including
placing or setting any net or other capturing device), capturing, harvesting, snaring or
trapping any wildlife, or attempting any of the foregoing.
(aa) “Transport” means to bring or move from one place to another by means of carrying,
dragging, pushing, towing, or storing in or on a vehicle, aircraft or boat.
(bb) “Trapping” means the taking of, or attempting to take, any wildlife by means of
setting or operating any device or mechanism that is designed, built, or made to close upon,
hold fast, snare or otherwise capture wildlife.
(cc) “Tribal land” means any land within the reservation that is held in fee or in trust and
is owned by the Nation, a Tribal member, or a non-member Indian.
(dd) “Tribal member” means an enrolled member of the Nation.
(ee) “Vehicle” means any self-propelled conveyance that derives power from a motor
and is used to transport persons or objects over land, including but not limited to, an
automobile, truck, sport utility vehicle, snowmobile, motorcycle, all-terrain vehicle, moped
or similar conveyance.
(ff) “Warden” means an officer of the Oneida Police Department whose duties include the
protection of wildlife and natural resources.
(gg) “Wildlife” means any non-domesticated mammal, bird, fish, reptile, or amphibian, or
any part or carcass of the same.
406.4.
Jurisdiction
406.4-1. This law applies to the following persons:
(a) All Tribal members,
(b) All non-member Indians,
(c) All non-Indians who:
(1) apply for and receive a license and/or permit, and/or
(2) enter Tribal land,
(d) All persons as otherwise permitted under federal law.
406.4-2. This law applies:
(a) within the boundaries of the Reservation, and
(b) on lands held in trust for the Nation outside the boundaries of the
reservationReservation.
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
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Wisconsin. License and permit holders may not exercise any hunting, fishing, or tapping privileges
within the Reservation boundaries using a State of Wisconsin license that would amount to greater
privileges than those afforded pursuant to this Law and associated rules.
406.5.
Administration and Supervision
406.5-1. The Department shall protect, manage, supervise, conserve, and enhance all wildlife
within the reservation. The Department shall establish and maintain the rules in accordance with
the Administrative Rulemaking law that are required to implement this law. The Department shall
administer and enforce this law and the rules created pursuant to this law.
406.5-2. Administrative Rulemaking Authority. In addition to any other duties delegated to the
Department under this law, the Department is hereby delegated rulemaking authority in accordance
with the Administrative Rulemaking law to:
(a) Determine the types and number of licenses and permits that may be issued by the
Department, including how many licenses and permits that may be issued to non-Indian
hunters.
(b) Establish a fee schedule and application requirements and deadlines for obtaining
licenses and/or permits.
(c) Establish or amend daily bag limits and possession limits based on the supply of
wildlife, the needs of conservation, and the objective of achieving a fair allocation of the
harvest. Restrictions in such rules may include, but are not limited to, limits related to
gender, species, size, age, and maturity.
(d) Based on the monitoring and supervision of all wildlife, when necessary, declare any
species in need of protection a protected species or an endangered or threatened species,
and thereafter modify or revoke such declarations as may be appropriate.
(e) Fix, shorten, extend, or close seasons and hunting hours on any wildlife.
(1) The rules shall identify designated seasons and/or hunting hours for elder,
disabled, and youth hunts.
(f) Establish and/or modify areas’ territorial limits, including bodies of water or parts
thereof, for any of the following, as may be necessary:
(1) the taking of wildlife;
(2) other specified areas, pursuant to the rules developed by the Department.
(g) Establish methods for checking persons into and out of areas 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.
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(k) Prescribe safety and fire control measures and other rules as may be necessary for
range, forest; or wildlife management, and/or for the safety and welfare of outdoor
recreationists, landowners, lessees, occupants, and the Nation.
(l) Establish a citation schedule that sets the monetary fines and penalties for violations of
this law and/or the rules established pursuant to this law.
(m) Regulate use of recovery and retrieval services and methods.
(n) Regulate the care and husbandry of animals used to hunt or animals used for private
game hunting.
(o) Create other rules as specifically directed throughout this law or as may be necessary
to implement this law.
406.5-3. Oneida Police Department Officers and Wardens. Oneida Police Department officers
and/or wardens shall enforce this law and corresponding rules on the reservation, and accordingly
shall:
(a) Observe persons engaged in hunting, fishing and/or trapping in order to ensure that the
methods and equipment utilized are lawful.
(b) Investigate reports of violations of wildlife and environmental laws, including, but not
limited to, this law and corresponding rules.
(c) Work to prevent persons from violating this law and/or the corresponding rules.
(d) Issue warnings and/or citations, which may include fines and/or penalties, for violations
of this law and/or the corresponding rules.
406.6.
Licenses and Permits
406.6-1. Sportsman License.
(a) A sportsman license is required for all persons hunting, fishing, or trapping on Tribal
land, except:
(1) Fishing is permitted without a sportsman license for Tribal members,
dependents, and non-member Indians whom are sixteen (16) years of age or
younger.
(2) Landowners, lessees, and designees with the permission of the landowners or
lessees, may hunt and trap the following species on the property they own or lease,
year-round, without a sportsman license:
(A) coyote;
(B) fox;
(C) raccoon;
(D) woodchuck;
(E) rabbit;
(F) squirrel;
(G) beaver; and
(H) any nuisance animal that is not an endangered or threaten species and
is also not a regulated or protected species.
(b) Anyone born on or after January 1, 1973, shall successfully complete a certified hunter
safety course to be eligible for a sportsman license, except that:
(1) Fishing Only Sportsman License. A sportsman license may be issued which
permits fishing only. In such circumstances, successful completion of a certified
hunter safety course is not required and the Department shall internally record such
licenses as permitting fishing only.
(A) A person issued a “fishing only” sportsman license may not hunt or trap,
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or be eligible to hunt or trap, until the licensee provides the Department with
proof of successful completion of a certified hunter safety course.
406.6-2. Ceremonial and/or Feast Permit. Tribal members may apply for a ceremonial and/or
feast permit to group hunt wildlife outside of the regular applicable seasons.
(a) When the ceremonial and/or feast permit is for deer hunting, it may only be issued for
antlerless deer.
(b) A ceremonial and/or feast permit may be issued to a group and/or organization meeting
each of the following requirements:
(1) The designee of the group/organization is a Tribal member;
(2) The occasion for the ceremonial and/or feast requiring the hunt out of season is
recognized by the Oneida community; and
(3) The hunt takes place on the reservation.
(c) All persons participating in the ceremonial and/or feast hunt shall be:
(1) Named hunters on the ceremonial and/or feast permit; and
(2) Tribal members, descendants, or a spouse to a Tribal member.
(d) The designee of the group ceremonial and/or feast hunt shall notify an Oneida Police
Department officer or warden of the time and place where the hunt will take place no later
than twenty-four (24) hours prior to the hunt. The Oneida Police Department officer or
warden may monitor any portion, or the entirety, of the group ceremonial and/or feast hunt.
406.6-3. Other Permits, Tags and Stamps. In accordance with this law and corresponding rules,
the Department may issue permits authorizing a person to engage in specific hunting, fishing
and/or trapping activities, including nuisance animal removal permits pursuant to section 406.8-2.
406.6-4. It is unlawful for any person to:
(a) Provide false information or fail to report relevant information as requested by the
Department, when applying for a license or permit; or
(b) Aid another in fraudulently securing a license or permit.
406.6-5. Except as provided under sections 406.9-4 and 406.9-6, licenses and/or permits are not
transferable and may not be altered, defaced, or lent to or from another person, any may not be
used by any person other than the person to whom the license and/or permit is issued.
406.6-6. Disabled Hunter Permits. The Department may issue a disabled hunter permit to any
person who is physically disabled, upon a showing of medical verification of a physical disability
that results in mobility issues that makes it necessary for the disabled hunter to hunt from a
stationary vehicle. Disabled hunters shall display the disabled hunter permit sticker in a manner
and location as required by the Department. A disabled hunter permit authorizes a person to hunt
from a stationary vehicle within fifty (50) feet on the center of a road as further detailed in the
rules developed pursuant to this law.
406.6-7. Denial of a License or Permit.
(a) The Department may decline to issue a license and/or permit to an applicant if:
(1) The applicant has unpaid fines, civil assessments, other fees, and/or restitution
owed because of a violation of this law and/or corresponding rules.
(2) At any time and for any reason, the Department determines that issuing the
license and/or permit poses a risk to the health, safety, and/or welfare of the Nation,
to natural resources on the reservation, or to any persons. There is a rebuttable
presumption that an applicant poses such a risk under the following circumstances:
(A) At the time of the request, the applicant’s hunting, fishing, or trapping
license, permit, or related privileges are suspended or revoked in any
jurisdiction.
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(B) Within three (3) years of the request, the applicant has repeatedly and/or
egregiously done any one (1) or more of the following:
(i) violated this law and/or corresponding rules and/or the hunting,
fishing, or trapping laws and regulations of other jurisdictions;
(ii) violated other laws or rules of the Nation while engaged in
hunting, fishing, or trapping activities; or
(iii) demonstrated poor judgment, disregard for safety or
unsportsmanlike behavior while hunting, fishing, or trapping;
including while interacting with other sportsmen or with wardens,
of this jurisdiction or any other.
(C) At any time, the applicant has been found guilty of imposing or
threatening to impose great bodily harm on another.
(b) Any person who has had a license or permit denied in accordance with section 406.67(a) may appeal the Department’s decision by requesting a hearing before the Trial Court
pursuant to section 406.10-4.
406.7.
General Requirements
406.7-1. Persons may not:
(a) Enter onto private lands and/or waters to take or retrieve wildlife, without permission
from the landowner, lessee, or occupant.
(b) Leave, deposit, place or throw litter, debris, wildlife, or any other waste material, on
the reservation’s lands and waters.
(c) Cause damage to land or property belonging to another, including but not limited to,
the Department’s decoys placed for law enforcement purposes by Oneida Police
Department officers or wardens or other law enforcement officers, and signs that give
notice of a hunting and/or trespass restriction.
(d) Carelessly waste wildlife. Persons hunting, trapping, or fishing shall make every
reasonable effort to retrieve all wildlife killed or crippled, provided that all persons shall
comply with section 406.7-1(a).
(e) Knowingly disturb any den, nest, lodge, hut, dam, or house that wildlife may build to
shelter themselves and their young.
(f) No person may take, pursue, injure, or harass small game while on or in its nest or den,
or remove any eggs or young except as may be approved in advance by the Department for
activities which may include, but are not limited to, normal agricultural or horticultural
practices or wildlife research practices.
(g) Harvest wildlife with the aid of an explosive, poison, exploding point or tip, electrical
device, or stunning substance or agent.
(h) Take another person’s wildlife or disturb another person’s hunting, fishing, or trapping
equipment without permission; or otherwise interfere with the lawful hunting, fishing, or
trapping of another person.
(i) Stock or possess any live wildlife on the reservation without a permit.
(j) Introduce or release wildlife, fish eggs, or receptacles containing bait, on the
reservation or into reservation waters without a permit.
(k) Use in a reckless manner any device typically used for the harvesting of wildlife,
including but not limited to, firearms, bows, traps, and knives.
(l) Shoot firearms, or place or operate any traps, except live traps, within one hundred
(100) yards of any building structure, unless the owner-occupant, lessee, or tenant has
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given permission.
(m)
Use a gas-powered motorboat on the Nation’s waters, except for the Department’s
use for law enforcement and conservation purposes.
(n) Hunt, trap, or possess any hunting, or trapping equipment while on Tribal land where
hunting or trapping is expressly prohibited by the Nation’s laws or rules.
(o) Sell or purchase wildlife that was harvested on the reservation, except as may be
expressly allowed by this law and corresponding rules.
(1) Under no circumstances may trading, gifting, or sharing of wildlife for
traditional or ceremonial purposes be considered a violation of this section.
(p) Refuse to obey an Oneida Police Department officer or warden’s lawful order.
(q) Inflict or threaten to inflict bodily harm upon an Oneida Police Department officer or
warden.
406.7-2. Possession, Registration, and Transportation of Carcasses. No person may hunt, trap,
possess, or transport any wildlife unless they possess the appropriate license and any required
permit, including tags, for harvesting and/or possessing such wildlife.
406.7-3. Any person who accidentally collides with and kills a deer while operating a vehicle on
a roadway may retain possession of the said deer, provided that the person shall have the deer
tagged by the State of Wisconsin.
406.7-4. Carcass Tags. Except as otherwise provided in this law and corresponding rules, any
person hunting a species of wildlife which is required to be tagged, shall possess a valid carcass
tag, and, upon harvest, shall immediately validate and attach the tag to the carcass in such manner
as the Department shall establish in its rules. No person may possess or transport harvested wildlife
that is not properly tagged in accordance with this law and corresponding rules.
406.8.
Wildlife Damage and Nuisance Control
406.8-1. Landowners and lessees may remove wildlife considered a nuisance animal from land
under their control and their associated structures, provided that landowners and lessees shall
satisfy all requirements of this law and corresponding rules, including, but not limited to the
permitted methods of taking and hunting hours. Further, live-captured nuisance animals may not
be relocated to Tribal lands without express written authorization from the Department, and,
similarly, may not be relocated to private property without express written authorization from the
landowner.
406.8-2. Nuisance Animal Removal Permit. A nuisance animal removal permit is required to
hunt, trap, or live-capture and relocate any endangered or threatened and protected species.
(a) In order to be eligible for a nuisance animal removal permit, the applicant shall
demonstrate that:
(1) They have the authority to control hunting and trapping access to the lands
subject to the nuisance or being damaged as well as any contiguous lands. In
circumstances where the contiguous lands are not owned or leased by the applicant,
the applicant shall demonstrate authority to control hunting and trapping access to
the contiguous lands by providing the Department with the property owner’s or
lessor’s written consent;
(2) They are either employing or agree to employ, reasonable alternative abatement
methods to removal;
(3) The wildlife sought to be removed is a nuisance animal and reasonable
alternative abatement methods either have been or are reasonably likely to be
unsuccessful;
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(4) They have complied with this law and corresponding rules and the conditions
of any previously issued nuisance animal removal permit, at a minimum, for the
previous twelve (12) months from the date they apply for the permit;
(5) The nuisance animal removal permit applied for does not conflict with any
provisions of the Nation’s agreement with the United States Fish and Wildlife
Service regarding the taking of birds classified as migratory under 50 CFR 10.13.
(b) Each permittee shall keep a record of all permit activities and shall provide the said
permit record to the Department within ten (10) days of the permit’s expiration. At a
minimum, the permittee shall include in the record any designees assigned under section
406.8-4 and the total number of nuisance animals removed pursuant to the permit, provided
that, the Department may name additional items required to be included in the record. All
permit records may be inspected by the Department at any time.
(c) The permittee shall return all unused permits, including carcass tags, to the Department
within ten (10) days of the permit’s expiration.
406.8-3. Nuisance Animal Removal Permit Not Required. A nuisance animal removal permit is
not required if the nuisance animal would otherwise be exempt from the license and permit
requirements under section 406.6-1(a)(2). Also, a nuisance animal removal permit is specifically
not required in following circumstances:
(a) Emergencies. Nuisance animals for which a nuisance animal removal permit is
otherwise required, may be removed without the required permit if such removal is
necessary to maintain a person’s immediate health and safety.
(1) Persons taking a nuisance animal under emergency circumstances shall report
the emergency taking to the Department on the required form available with the
Department.
(2) The Department shall conduct an investigation into the validity of the alleged
emergency circumstance. If the investigation provides clear and convincing
evidence that the taking was not in fact required due to a legitimate threat to a
person’s immediate health and safety, the Department shall classify the taking an
unlawful taking without a permit and shall take the appropriate corrective measures.
406.8-4. Nuisance Animal Removal Designees. A landowner may utilize as designee to remove
a nuisance animal pursuant to the provisions of this law. If the requirements of this law and
corresponding rules are satisfied, the landowner’s nuisance animal removal permit and associated
carcass tags, if applicable, may be utilized by the landowner’s assigned designee.
(a) In order for a designee to be assigned to remove a nuisance animal, the landowner shall
ensure that the following conditions are met:
(1) The designee shall have a valid license for hunting or trapping that nuisance
animal’s species;
(2) The landowner shall grant written permission to the designee specifically
identifying the following:
(A) The location of the nuisance animal where the removal activities are
sought to occur;
(B) An authorized time period for the removal of the nuisance animal; and
(C) Any other information as may be required by the rules established
pursuant to this law.
(b) The Department may limit the number of persons permitted to assist in a removal.
(b) The landowner or lessee permittee may charge any assigned designee any form of fee.
406.8-5. Annual Migratory Bird Report. Persons killing crows, cowbirds, grackles, and red4 O.C. 406 – page 9
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winged blackbirds shall provide an annual report to the U.S. Fish and Wildlife Service Region 3
Migratory Bird Permit Office by January 31st of each year for all such takings occurring within
the previous January to December.
406.8-6. Officer or Warden’s Access. Any landowner or lessee pursuing the removal of a
nuisance animal shall grant the Oneida Police Department officers or wardens free and unrestricted
access to the premises on which the said removal is being conducted, is anticipated to be
conducted, or has been conducted. Further, the landowner or lessee, and the landowner’s designee,
if applicable, shall promptly furnish any information requested by a Oneida Police Department
officer or warden relating to the said removal.
406.8-7. Retaining Fur, Carcasses, and other Parts of Nuisance Animals. The following applies
to nuisance animals removed in accordance with this section:
(a) The permittee and each designee assigned under section 406.8-4 may retain no more
than one (1) deer removed pursuant to a nuisance animal removal permit. The Department
shall distribute or dispose of any deer that are not so retained by offering them to Tribal
members in the following order:
(1) Elders;
(2) Disabled persons; and
(3) Any other interested persons.
(b) In order to keep, either for oneself or for sale, the furs of a nuisance animal taken
pursuant to a nuisance animal removal permit, the permittee shall be explicitly and
separately authorized by the permit to retain the wildlife and to sell the wildlife.
(c) Furs from nuisance animals which did not require a nuisance animal removal permit in
order to be removed, may be retained by a landowner, lessee, or assigned designee without
a permit. Provided that the landowner, lessee, or assigned designee shall have a valid
license and/or permit in order to commercialize in, sell, trade, ship, or transport any
wildlife, except that any squirrels’ parts retained may be sold during the closed season.
406.9.
Hunting
406.9-1. General Firearm and Archer Restrictions. Persons may not:
(a) Hunt using any weapon other than a firearm, air rifle, bow, or crossbow that is
authorized under this law and corresponding rules for the taking of a particular species.
(b) Discharge a firearm, air rifle, bow, or crossbow:
(1) Into reservation lakes, reservoirs, or any area designated for public use pursuant
to the Public Use of Tribal Land law, except for the purpose of hunting migratory
birds during established seasons, in accordance with the rules created pursuant to
this law;
(2) Across any roadway; or
(3) Within one hundred (100) yards of any structure, unless the owner-occupant,
lessee, or tenant has granted express permission.
(c) Transport any loaded firearm, air rifle, or cocked bow or crossbow in a vehicle.
406.9-2. General Hunting Restrictions. Persons may not, unless specifically authorized by a
permit, if applicable, do any of the following:
(a) Hunt with the use of aircraft;
(b) Hunt within fifty (50) feet of the center of a paved road;
(c) Hunt from a vehicle;
(d) Hunt while under the influence of alcohol or a controlled substance;
(e) Hunt with the aid of artificial light, provided that it is permissible to use artificial light
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to find one’s way and while hunting on foot, at the point of harvest of coyote, raccoon, fox,
or any other authorized unprotected species;
(f) Shine between the hours of 10:00 p.m. and sunrise during the months of September,
October, November, and December; during all other months, shining is allowed at any
hour;
(g) Hunt in a party of more than 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;
(C) A fully-automatic firearm;
(D) Any mechanism designed to muffle, silence, or minimize the report of
any firearm.
406.9-3. Injury Causing Incidents. Any person, who discharges a firearm, bow, or crossbow
while hunting and injures another person, shall render or attempt to obtain necessary medical
assistance, provide the injured person with their name and contact information including address,
and report the injury causing incident to either the Department or the Oneida Police Department
as soon as possible.
406.9-4. Designated Hunters. A permittee may name a designated hunter to hunt, fish, or trap
on behalf of the permittee in the event that the permittee is physically or legally unable to take
pursuant to their own permit, provided that, the designated hunter shall provide their name and
contact information to the Department along with a signed statement from the original permittee
naming the designated hunter. The designated hunter shall receive the Department’s approval of
the designation before using the permits of the original permittee.
(a) To be eligible to be named a designated hunter, the named person shall:
(1) Possess a valid hunting license;
(2) Be eligible for the permits for which the person is named the designated hunter;
and
(3) Meet any other requirements of the rules created pursuant to this law.
(b) Designated hunters may hunt for an unlimited number of permittees.
(c) Any wildlife taken by a designated hunter remains the property of the original
permittee; the designated hunter shall transfer any wildlife taken by designation to the
original permittee’s possession as soon as practicable following the taking.
406.9-5. Age Restrictions.
(a)
Youth Hunters. Persons between the ages of ten (10) and fourteen (14) years old may
only hunt if they have obtained the required license and permits and are under the immediate
supervision of a parent, legal guardian, or a responsible adult to which a parent or legal guardian
has delegated their supervisory responsibilities.
4 O.C. 406 – page 11
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(1a) The parent, legal guardian, or responsible adult shall have a valid license and any
required permits.
(2b) Adults accompanying youth hunters pursuant to this section shall remain within voice
and sight contact of the youth hunters at all times.
(b)
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 members, descendantsmember, descendant, non-member Indians and
dependentsIndian, or dependent having less than ten (10) years of age may
accompany a mentor while hunting, provided that youth under the age of ten (10)
may not use a weapon during the hunt.; or
(1(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:
(A(1) Be a Tribal member;
(2) Be at least eighteen (18) years old;
(B3) Have a valid license and any required permits; and
(C4) Be the youth hunter’smentee’s parent or legal guardian or have permission
from the hunter’smentee’s parent or legal guardian to be the hunter’s mentor. This
requirement does not apply if the mentee is age eighteen (18) or older.
(2) c) Mentors may mentor a maximum of two (2) youth huntersmentees at the same time;
and
(3d)
The mentor shall remain within an arm’s grasp of each youth huntermentee 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.
406.9-7.406.9-6.
Deer Hunting Parties. A deer hunting party consists of a minimum of two
(2) people and may be limited in size as provided in the rules developed pursuant to this lawa
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.
(c) The member of the hunting party who harvests the deer shall ensure that a valid carcass
tag is attached to the deer by a member of the hunting party prior to field dressing and
moving the deer; the member of the hunting party that harvests the deer may not leave said
deer unattended until it has been properly tagged.
406.10. Enforcement and Penalties
406.10-1. Reporting Violations. All persons shall report any violation(s) of this law and/or the
corresponding rules to the Department or the Oneida Police Department. The department receiving
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information regarding violations shall keep the information confidential.
406.10-2. Licenses/Permits Suspension, Revocation, and/or Ineligibility. The Department may
suspend, revoke, or deem a party ineligible for a license or permit as a penalty for committing any
of the following acts or any combination thereof:
(a) Has committed an act causing any of their hunting, fishing, or trapping licenses, permits
or privileges to be suspended or revoked by any other jurisdiction, whether it be tribal,
state, or federal, where, for the purposes of this section, a person’s right to possess firearms
is considered a hunting privilege;
(b) Provides false information, or assists other in providing false information, when
applying for a license or permit;
(c) Fails to timely pay a fine or abide by a penalty assessed against them as a consequence
for violating the provisions of this law and/or the corresponding rules; and/or
(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-__-__-__-__
4 O.C. 406 – page 13
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Title 4. Environment and Natural Resources – Chapter 406
HUNTING, FISHING AND TRAPPING
Lutol@tha>, Latsyw@aha> O>kh@le Atlist@y< Tsi> Kayanl^hsla
Our laws concerning hunting, fishing and trapping
HUNTING, FISHING, AND TRAPPING
406.1.
406.2.
406.3.
406.4.
406.5.
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Purpose and Policy
Adoption, Amendment, Repeal
Definitions
Jurisdiction
Administration and Supervision
406.6.
406.7.
406.8.
406.9.
406.10.
Licenses and Permits
General Regulations
Wildlife Damage and Nuisance Control
Hunting
Enforcement and Penalties
406.1.
Purpose and Policy
406.1-1. Purpose. The purpose of this law is to protect and conserve wildlife on the reservation
and to promote respect among sportsmen, respect for both the environment and fellow sportsmen.
406.1-2. Policy. It is the policy of this lawthe Nation to provide:
(a) An adequate and flexible system for the protection, management, supervision,
conservation, and enhancement of all wildlife and natural resources on the reservation; and
(b) An enforceable system of licensing and permitting which establishes clear rules
pursuant to the Administrative Rulemaking law related to hunting, fishing, and trapping,
and associated fines and penalties for violations of this law and the said rules.
406.2.
Adoption, Amendment, Repeal
406.2-1. This law was adopted by the Oneida Business Committee by resolution BC-808-31-94C, and amended by resolutions BC-404-24-96-A, BC-707-22-98-A, BC-09-13-00-D, BC-606-0403-A, BC- 606-30-04-I, BC-707-13-05-E, BC-808-29-07-F, BC-06-24-09-E, BC-08-26-10-I, BC12-14-11-E, BC-05-22-13-A, BC-01-25-17-D and, BC-07-26-17-F ., and BC-__-__-__-__.
406.2-2. This law may be amended or repealed by the Oneida Business Committee and/or the
General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
406.2-3. Should a provision of this law or the application thereof to any person or circumstances
be held as invalid, such invalidity shall not affect other provisions of this law which are considered
to have legal force without the invalid portions.
406.2-4. In the event of a conflict between a provision of this law and a provision of another law,
the provisions of this law shall control.
406.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
406.3.
Definitions
406.3-1. This section shall govern the definitions of words and phrases used within this law. All
words not defined herein shall be used in their ordinary and everyday sense.
(a) “Aircraft” means a conveyance that can travel through the air and that is supported
either by its own lightness or by the action of the air against its surfaces. The term includes
hovercraft and both manned aircraft such as airplanes and helicopters and unmanned
aircraft such as drones.
(b) “Barrel Lengthlength” means the length of a gun’s barrel as measured from the
muzzle to the firing pin with the action closed, or from the muzzle to the breech face.
(c) “ERB“Bodily harm” means physical pain or injury or any impairment of the
Environmental Resources Boardphysical condition.
(d) “Daily Bag Limitbag limit” means the maximum number of a species of wildlife that
4 O.C. 406 – page 1
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a person may take during a twenty-four (24) hour period measured from midnight to
midnight.
(e) “Department” means the Oneida Conservation Department.
(f) “Dependent” means a person under the age of eighteen (18) who is the child or stepchild of a Tribal member or who lives with a Tribal member for more than half of the year.
(g) “Designated Hunter(g) “Descendant” means a person who is registered with, and
recognized by, the Oneida Trust Enrollment Department as being the descendant of an
enrolled member of the Nation.
(h) “Designated hunter” means the person named by a permittee as authorized to harvest
wildlife on behalf of the permittee pursuant to the permit held by the permittee.
(hi) “Elder” means any person fifty-five (55) years of age or older.
(ij) “Endangered or Threatenedthreatened” means any species of wildlife within the
reservation in danger of extinction or likely to become in danger of distinction as
recognized by ERB and the Department and under federal law.
(jk) “Fine” means a monetary punishment issued to a person violating this law and/or the
rules created pursuant to this law, which is payable to ERB or the Department within the
amount of time designated by the rules.
(kl) “Fishing” means the taking, capturing, harvesting, or attempting to take, capture or
harvest fish of any variety in any manner.
(l(m) “Great bodily harm” means bodily injury which creates a substantial risk of death,
or which causes serious permanent disfigurement, or which causes a permanent or
protracted loss or impairment of the function of any bodily member or organ or other
serious bodily injury.
(n) “Hunt” or “Hunting” means shooting, shooting at, pursuing, taking, attempting to
take, catch, harvest or attempting to harvest any wildlife.
(mo) “License” means a written document issued by the Department granting authority
to engage in specific activities covered under this law and the rules created pursuant to this
law.
(np) “Loaded” means any firearm containing a cartridge in the chamber or any firearm
containing a cartridge or cartridges in the attached cylinder, magazine, or clip.
(1) Muzzleloading firearms may not be considered loaded if a percussion cap is not
covering the percussion nipple or .209 primers are not in the receiver.
(2) Flint lock muzzleloading firearms may not be considered loaded if the flash pan
is cleaned of powder.
(oq) “Nation” means the Oneida Nation.
(pr) “Non-Indian” means a person who is not a member of any federally recognized
Indian tribe, band, or community.
(qs) “Non-Member Indian” means a person who is a member of a federally recognized
Indian tribe, band, or community other than this Nation.
(rt) “Nuisance Animal” means any wildlife causing and one (1) or combination of the
following:
(1) Damage to property;
(2) Damage to or endangered or threatened species of wildlife and/or plants;
(3) Depredation of crops and/or livestock; or
(4) Health and/or safety risks posed to persons.
(su) “Penalty” means a punishment, other than a fine, imposed on a person violating this
law and/or the rules created pursuant to this law and may include, but is not limited to, the
4 O.C. 406 – page 2
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confiscation of equipment and/or wildlife with return of the same at the discretion of ERB,
the imposition of a wildlife protection assessment (civil recovery value), revocation and/or
ineligibility for licenses and/or permits for a specified period of time, and restitution.
(tv) “Permit” means a document, stamp or tag authorizing a specific activity which is
issued by the Department to the holder of a license.
(uw) “Protected Speciesspecies” means any species of wildlife that is not endangered or
threatened, but for which ERBthe Department has established seasons, daily bag limits, or
otherwise restricted the taking of.
(vx) “Reservation” means all the property within the exterior boundaries of the reservation
of the Nation, as created pursuant to the 1838 Treaty with the Oneida 7 Stat. 566, and any
lands added thereto pursuant to federal law.
(wy) “Rule” means a set of requirements, including citation fees and penalty schedules,
enacted by ERB and/or the Department in accordance with the Administrative Rulemaking
law based on authority delegated in this law in order to implement, interpret and/or enforce
this law.
(xz) “Take” or “Taking” means pursuing, shooting, hunting, fishing, netting (including
placing or setting any net or other capturing device), capturing, harvesting, snaring or
trapping any wildlife, or attempting any of the foregoing.
(yaa) “Transport” means to bring or move from one place to another by means of carrying,
dragging, pushing, towing, or storing in or on a vehicle, aircraft or boat.
(zbb) “Trapping” means the taking of, or attempting to take, any wildlife by means of
setting or operating any device or mechanism that is designed, built, or made to close upon,
hold fast, snare or otherwise capture wildlife.
(aacc) “Tribal Landland” means any land within the reservation that is held in fee or in
trust and is owned by the Nation, a Tribal member, or a non-member Indian.
(bbdd) “Tribal Membermember” means an enrolled member of the Nation.
(ccee) “Vehicle” means any self-propelled conveyance that derives power from a motor
and is used to transport persons or objects over land, including but not limited to, an
automobile, truck, sport utility vehicle, snowmobile, motorcycle, all-terrain vehicle, moped
or similar conveyance.
(dd(ff) “Warden” means an officer of the Oneida Police Department whose duties include
the protection of wildlife and natural resources.
(gg) “Wildlife” means any non-domesticated mammal, bird, fish, reptile, or amphibian, or
any part or carcass of the same. 1
406.4.
Jurisdiction
406.4-1. This law applies to the following persons:
(a) All Tribal members,
(b) All non-member Indians,
(c) All non-Indians who:
(1) apply for and receive a license and/or permit, and/or
(2) enter Tribal land,
(d) All persons as otherwise permitted under federal law.
1
For additional information, please reference the definition of “domestic animal” in the Nation’s Domestic Animal
law; any animal that does not fall into the “domestic animal” classification is considered “wildlife” for the purpose
of this law.
4 O.C. 406 – page 3
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406.4-2. This law applies:
(a) within the boundaries of the reservationReservation, and
(b) on lands held in trust for the Nation outside the boundaries of the
reservationReservation.
406.4-3. Jurisdiction. The Nation has jurisdiction over the management and regulation of the
Nation’s natural resources. However, this law shall not negate the jurisdiction of the State of
Wisconsin in certain instances involving non-member Indians and non-Indians. Thus, to hunt,
fish, or trap on tribal land, non-member Indians and non-Indians shall adhere to the Nation’s
license, permit, and tag requirements and may also be subject to the requirements of the State of
Wisconsin. License and permit holders may not exercise any hunting, fishing, or tapping
privileges within the Reservation boundaries using a State of Wisconsin license that would amount
to greater privileges than those affordafforded pursuant to this Law and associated rules.
406.5.
Administration and Supervision
406.5-1. ERB and theThe Department, shall protect, manage, supervise, conserve, and enhance
all wildlife within the reservation. ERB and theThe Department shall jointly establish and maintain
the rules in accordance with the Administrative Rulemaking law that are required to implement
this law. The Department shall administer and enforce this law and the rules created pursuant to
this law.
406.5-2.
Administrative Rulemaking Authority. In addition to any other duties delegated to
ERB and the Department under this law, jointly, ERB and the Department areis hereby jointly
delegated the rulemaking authority in accordance with the Administrative Rulemaking law to:
(a) Determine the types and number of licenses and permits that may be issued by the
Department, including how many licenses and permits that may be issued to non-Indian
hunters.
(b) Establish a fee schedule and application requirements and deadlines for obtaining
licenses and/or permits.
(c) Establish or amend daily bag limits and possession limits based on the supply of
wildlife, the needs of conservation, and the objective of achieving a fair allocation of the
harvest. Restrictions in such rules may include, but are not limited to, limits related to
gender, species, size, age, and maturity.
(d) Based on the monitoring and supervision of all wildlife, when necessary, declare any
species in need of protection a protected species or an endangered or threatened species,
and thereafter modify or revoke such declarations as may be appropriate.
(e) Fix, shorten, extend, or close seasons and hunting hours on any wildlife. Provided that
ERB and the Department
(1) The rules shall base the open season for theidentify designated seasons and/or
hunting of migratory birds on the Nation’s agreement with the U.S. Fishhours for
elder, disabled, and Wildlife Service.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 jointly developed by ERB and 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
4 O.C. 406 – page 4
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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
range, forest; or wildlife management, and/or for the safety and welfare of outdoor
recreationists, landowners, lessees, occupants, and the Nation.
(l) Establish a process for retention, storage and disposal of items confiscated or turned
over to the Department in accordance with this law and the rules established pursuant to
this law.
(m) (l) Establish a citation schedule that sets the monetary fines and penalties for violations
of this law and/or the rules established pursuant to this law.
(n(m) Regulate use of recovery and retrieval services and methods.
(n) Regulate the care and husbandry of animals used to hunt or animals used for private
game hunting.
(o) Create other rules as specifically directed throughout this law or as may be necessary
to implement this law. ERB shall provide notice of said rules on the Nation’s website and
ERB and/or the Department shall develop a rule booklet, which the Department shall
provide to each person receiving a license or permit pursuant to this law.
406.5-3. Oneida Police Department Officers and Wardens. Oneida Police Department officers
and/or wardens shall enforce this law and corresponding rules on the reservation, and, accordingly
shall:
(a) Observe persons engaged in hunting, fishing and/or trapping in order to ensure that the
methods and equipment utilized are lawful.
(b) Investigate reports of violations of wildlife and environmental laws, including, but not
limited to, this law and corresponding rules.
(c) Work to prevent persons from violating this law and/or the corresponding rules.
(d) Issue warnings and/or citations, which may include fines and/or penalties, for violations
of this law and/or the corresponding rules.
406.5-4. Oneida Police Department. Any Oneida Police Department officer, who observes a
violation of this law and/or corresponding rules, shall report such violation to the Department
and/or a Department warden. However, if immediate action is necessary to prevent imminent
danger to life or serious damage to property, the Oneida Police Department officer may issue a
warning or citation for the said violation(s) and/or prevent persons from committing the said
violation(s).
406.6.
Licenses and Permits
406.6-1. Sportsman License.
4 O.C. 406 – page 5
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(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 and, lessees, and guestsdesignees with the permission of the
landowners or lessees, may hunt and trap the following species on the property they
own or lease, year-round, without a sportsman license:
(A) coyote;
(B) fox;
(C) raccoon;
(D) woodchuck;
(E) rabbit;
(F) squirrel;
(F)(G) beaver; and
(G)(H) any nuisance animal that is not an endangered or threaten species
and is also not a regulated or protected species.
(b) Anyone born on or after January 1, 1973, shall successfully complete a state-certified
hunter safety course to be eligible for a sportsman license, except that:
(1) Fishing Only Sportsman License. A sportsman license may be issued which
permits fishing only. In such circumstances, successful completion of a statecertified hunter safety course is not required and the Department shall internally
record such licenses as permitting fishing only.
(A) A person issued a “fishing only” sportsman license may not hunt or trap,
or be eligible to hunt or trap, until the licensee provides the Department with
proof of successful completion of a state-certified hunter safety course.
(B) Any licensee holding a fishing only sportsman license may name a
designated hunter to fill the hunting or trapping permits that regularly
accompany a sportsman license based on the rules established pursuant to
this Law. For the requirements related to naming a designated hunter, refer
to section 406.9-4.
406.6-2. Ceremonial and/or Feast Permit. Tribal members may apply for a ceremonial and/or
feast permit to group hunt wildlife outside of the regular applicable seasons.
(a) When the ceremonial and/or feast permit is for deer hunting, it may only be issued for
antlerless deer.
(b) A ceremonial and/or feast permit may be issued to a group and/or organization meeting
each of the following requirements:
(1) At least eighty-five percent (85%) of the group and/or organization members
are Tribal members;
(2) The agentdesignee of the group/organization is a Tribal member;
(32) The occasion for the ceremonial and/or feast requiring the hunt out of
season is recognized by the Oneida community; and
(43) The hunt takes place on the reservation.
(c) All persons participating in the ceremonial and/or feast hunt shall be named hunters on
the ceremonial and/or feast permit.:
(1) Named hunters on the ceremonial and/or feast permit; and
(2) Tribal members, descendants, or a spouse to a Tribal member.
4 O.C. 406 – page 6
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(d) The agentdesignee of the group ceremonial and/or feast hunt shall notify thean 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 406.6-1(b)(1)(A), 406.9-4 and 406.9-6, licenses
and/or permits are not transferable and may not be altered, defaced, or lent to or from another
person, any may not be used by any person other than the person to whom the license and/or permit
is issued.
406.6-6. Disabled Hunter Permits. The Department may issue a disabled hunter permit to any
person who is physically disabled, upon a showing of medical verification of a physical disability.
that results in mobility issues that makes it necessary for the disabled hunter to hunt from a
stationary vehicle. Disabled hunters shall display the disabled hunter permit sticker in a manner
and location as required by the Department. A disabled hunter permit authorizes a person to hunt
from a stationary vehicle within fifty (50) feet on the center of a road as further detailed in the
rules developed pursuant to this law.
406.6-7. Denial of a License or Permit.
(a) The Department may decline to issue a license and/or permit to an applicant if:
(1) The applicant has unpaid fines, civil assessments, other fees, and/or restitution
owed because of a violation of this law and/or corresponding rules.
(2) At any time and for any reason, the Department determines that issuing the
license and/or permit poses a risk to the health, safety, and/or welfare of the Nation,
to natural resources on the reservation, or to any persons. There is a rebuttable
presumption that an applicant poses such a risk under the following circumstances:
(A) At the time of the request, the applicant’s hunting, fishing, or trapping
license, permit, or related privileges are suspended or revoked in any
jurisdiction.
(B) Within three (3) years of the request, the applicant has repeatedly and/or
egregiously done any one (1) or more of the following:
(i) violated this law and/or corresponding rules and/or the hunting,
fishing, or trapping laws and regulations of other jurisdictions;
(ii) violated other laws or rules of the Nation while engaged in
hunting, fishing, or trapping activities; or
(iii) demonstrated poor judgment, disregard for safety or
unsportsmanlike behavior while hunting, fishing, or trapping;
including while interacting with other sportsmen or with wardens,
of this jurisdiction or any other.
(C) At any time, the applicant has been found guilty of imposing or
threatening to impose great bodily harm on another. For the purposes of
this section, great bodily harm means bodily injury which creates a
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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.
(b) Any person who has had a license or permit denied in accordance with section 406.67(a) may appeal the Department’s decision by requesting a hearing before ERBthe Trial
Court pursuant to section 406.10-4.
406.7.
General Requirements
406.7-1. Persons may not:
(a) Enter onto private lands and/or waters to take or retrieve wildlife, without permission
from the landowner, lessee, or occupant.
(b) Leave, deposit, place or throw litter, debris, wildlife, or any other waste material, on
the reservation’s lands and waters.
(c) Cause damage to land or property belonging to another, including but not limited to,
the Department’s decoys placed for law enforcement purposes by Oneida Police
Department officers or wardens or other law enforcement officers, and signs that give
notice of a hunting and/or trespass restriction.
(d) Carelessly waste wildlife. Persons hunting, trapping, or fishing shall make every
reasonable effort to retrieve all wildlife killed or crippled, provided that all persons shall
comply with section 406.7-1(a).
(e) Knowingly disturb any den, nest, lodge, hut, dam, or house that wildlife may build to
shelter themselves and their young.
(f) No person may take, pursue, injure, or harass small game while on or in its nest or den,
or remove any eggs or young except as may be approved in advance by the Environmental
Resource BoardDepartment for activities which may include, but are not limited to, normal
agricultural or horticultural practices or wildlife research practices.
(g) Harvest wildlife with the aid of an explosive, poison, exploding point or tip, electrical
device, or stupefyingstunning substance or agent.
(h) Take another person’s wildlife or disturb another person’s hunting, fishing, or trapping
equipment without permission; or otherwise interfere with the lawful hunting, fishing, or
trapping of another person.
(i) Stock or possess any live wildlife on the reservation without a permit.
(j) Introduce or release wildlife, fish eggs, or receptacles containing bait, on the
reservation or into reservation waters without a permit.
(k) Use in a reckless manner any device typically used for the harvesting of wildlife,
including but not limited to, firearms, bows, traps, and knives.
(l) Shoot firearms, or place or operate any traps, except live traps, within one hundred
(100) yards of any building structure, unless the owner-occupant, lessee, or tenant has
given permission.
(m)
Use a gas -powered motorboat on the Nation’s waters, except for the Department’s
use for law enforcement and conservation purposes.
(n) Hunt, trap, or possess any hunting, or trapping equipment while on Tribal land where
hunting or trapping is expressly prohibited by the Nation’s laws or rules.
(o) Sell or purchase wildlife that was harvested on the reservation, except as may be
expressly allowed by this law and corresponding rules.
(1) Under no circumstances may trading, gifting, or sharing of wildlife for
traditional or ceremonial purposes be considered a violation of this section.
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(p) Refuse to obey aan Oneida Police Department officer or warden’s lawful order.
(q) Inflict or threaten to inflict bodily harm upon aan Oneida Police Department officer or
warden. For the purposes of this law, “bodily harm” means physical pain or injury or any
impairment of the physical condition.
406.7-2. Possession, Registration, and Transportation of Carcasses. No person may hunt, trap,
possess, or transport any wildlife unless he or she possessesthey possess the appropriate license
and any required permit, including tags, for harvesting and/or possessing such wildlife.
406.7-3. Any person who accidentally collides with and kills a deer while operating a vehicle on
a roadway, may retain possession of the said deer, provided that the person shall have the deer
tagged by the Department or the Department’s designeeState of Wisconsin.
406.7-4. Carcass Tags. Except as otherwise provided in this law and corresponding rules, any
person hunting a species of wildlife which is required to be tagged, shall possess a valid carcass
tag, and, upon harvest, shall immediately validate and attach the tag to the carcass in such manner
as ERB and the Department shall jointly establish in its the rules. No person may possess or
transport harvested wildlife that is not properly tagged in accordance with this law and
corresponding rules.
406.7-5. Health Advisory. ERB and the Department shall ensure that all hunting and fishing rule
booklets contain a warning stating that fish caught in Duck Creek, as well as ducks, geese and
other wildlife may contain Polychlorinated Biphenyl (PCBs) which may pose risks of health
defects, that such risks are greatest for women and children, and that detailed information about
PCBs is available from the Department upon request.
406.8.
Wildlife Damage and Nuisance Control
406.8-1. Landowners and lessees may remove wildlife considered a nuisance animal from land
under their control and their associated structures, provided that landowners and lessees shall
satisfy all requirements of this law and corresponding rules , including, but not limited to the
permitted methods of taking and hunting hours. Further, live-captured nuisance animals may not
be relocated to Tribal lands without express written authorization from the Department, and,
similarly, may not be relocated to private property without express written authorization from the
landowner.
406.8-2. Nuisance Animal Removal Permit. A nuisance animal removal permit is required to
hunt, trap, or live-capture and relocate any endangered or threatened and protected species.
(a) In order to be eligible for a nuisance animal removal permit, the applicant shall
demonstrate that:
(1) He or she hasThey have the authority to control hunting and trapping access to
the lands subject to the nuisance or being damaged as well as any contiguous lands.
In circumstances where the contiguous lands are not owned or leased by the
applicant, the applicant shall demonstrate authority to control hunting and trapping
access to the contiguous lands by providing the Department with the property
owner’s or lessor’s written consent;
(2) He or sheThey are either is employing or agreesagree to employ, reasonable
alternative abatement methods to removal;
(3) The wildlife sought to be removed is a nuisance animal and reasonable
alternative abatement methods either have been or are reasonably likely to be
unsuccessful;
(4) He or she hasThey have complied with this law and corresponding rules and the
conditions of any previously- issued nuisance animal removal permit, at a
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minimum, for the previous twelve (12) months from the date he or she appliesthey
apply for the permit;
(5) The nuisance animal removal permit applied for does not conflict with any
provisions of the Nation’s agreement with the United States Fish and Wildlife
Service regarding the taking of birds classified as migratory under 50 CFR 10.13.
(b) Each permittee shall keep a record of all permit activities and shall provide the said
permit record to the Department within ten (10) days of the permit’s expiration. At a
minimum, the permittee shall include in the record any agentsdesignees assigned under
section 406.8-4 and the total number of nuisance animals removed pursuant to the permit,
provided that, the Department may name additional items required to be included in the
record. All permit records may be inspected by the Department at any time.
(c) The permittee shall return all unused permits, including carcass tags, to the Department
within ten (10) days of the permit’s expiration.
406.8-3. Nuisance Animal Removal Permit Not Required. A nuisance animal removal permit is
not required if the nuisance animal would otherwise be exempt from the license and permit
requirements under section 406.6-1(a)(2). Also, a nuisance animal removal permit is specifically
not required in following circumstances:
(a) Beaver. A nuisance animal removal permit is not needed for a landowner, lessee, or
an authorized agent to hunt or trap beaver(s) that are nuisance animals, or to remove a
beaver dam. However, only the landowner and the Department may set traps on a beaver
dam on Tribal land; this privilege may not be transferred to an agent.
(b)(a) Emergencies. Nuisance animals for which a nuisance animal removal permit is
otherwise required, may be removed without the required permit if such removal is
necessary to maintain a person’s immediate health and safety.
(1) Persons taking a nuisance animal under emergency circumstances shall report
the emergency taking to the Department on the required form available with the
Department.
(2) The Department shall conduct an investigation into the validity of the alleged
emergency circumstance. If the investigation provides clear and convincing
evidence that the taking was not in fact required due to a legitimate threat to a
person’s immediate health and safety, the Department shall classify the taking an
unlawful taking without a permit and shall take the appropriate corrective measures.
406.8-4. Designated Agents.Nuisance Animal Removal Designees. A landowner may utilize an
agentas designee to remove a nuisance animal pursuant to the provisions of this law. If the
requirements of this law and corresponding rules are satisfied, the landowner’s nuisance animal
removal permit and associated carcass tags, if applicable, may be utilized by the landowner’s
assigned agentdesignee.
(a) In order for an agenta designee to be assigned to remove a nuisance animal, the
landowner shall ensure that the following conditions are met:
(1) The agentdesignee shall have a valid license for hunting or trapping that
nuisance animal’s species;
(2) The landowner shall grant written permission to the agentdesignee specifically
identifying the following:
(A) The location of the nuisance animal where the removal activities are
sought to occur;
(B) An authorized time period for the removal of the nuisance animal; and
(C) Any other information as may be required by the rules established
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pursuant to this law.
(b) The Department may limit the number of persons permitted to assist in a removal.
(c)(b) The landowner or lessee permittee may not charge any assigned agentdesignee any
form of fee.
406.8-5. Annual Migratory Bird Report. Persons killing crows, cowbirds, grackles, and redwinged blackbirds shall provide an annual report to the U.S. Fish and Wildlife Service Region 3
Migratory Bird Permit Office by January 31st of each year for all such takings occurring within
the previous January to December.
406.8-6. DepartmentOfficer or Warden’s Access. Any landowner or lessee pursuing the removal
of a nuisance animal shall grant the Oneida Police Department officers or wardens free and
unrestricted access to the premises on which the said removal is being conducted, is anticipated to
be conducted, or has been conducted. Further, the landowner or lessee, and the landowner’s
agentdesignee, if applicable, shall promptly furnish any information requested by a Oneida Police
Department officer or warden relating to the said removal.
406.8-7. Retaining Fur, Carcasses, and other Parts of Nuisance Animals. The following applies
to nuisance animals removed in accordance with this section:
(a) The permittee and each agentdesignee assigned under section 406.8-4 may retain no
more than one (1) deer removed pursuant to a nuisance animal removal permit. The
Department shall distribute or dispose of any deer that are not so retained by offering them
to Tribal members in the following order:
(1) Elders;
(2) Disabled persons; and
(3) Any other interested persons.
(b) In order to keep, either for oneself or for sale, the furs of a nuisance animal taken
pursuant to a nuisance animal removal permit, the permittee shall be explicitly and
separately authorized by the permit to retain the wildlife and to sell the wildlife.
(c) Furs from nuisance animals which did not require a nuisance animal removal permit in
order to be removed, may be retained by a landowner, lessee, or assigned agentdesignee
without a permit. Provided that the landowner, lessee, or assigned agentdesignee shall
have a valid license and/or permit in order to commercialize in, sell, trade, ship, or transport
any wildlife, except that any squirrels’ parts retained may be sold during the closed season.
406.9.
Hunting
406.9-1. General Firearm and Archer Restrictions. Persons may not:
(a) Hunt using any weapon other than a firearm, air rifle, bow, or crossbow that is
authorized under this law and corresponding rules for the taking of a particular species.
(b) Discharge a firearm, air rifle, bow, or crossbow:
(1) Into reservation lakes, reservoirs, or any area designated for public use pursuant
to the Public Use of Tribal Land law, except for the purpose of hunting migratory
birds during established seasons, in accordance with the rules created pursuant to
this law;
(2) Across any roadway; or
(3) Within one hundred (100) yards of any structure, unless the owner-occupant,
lessee, or tenant has granted express permission.
(c) Transport any loaded firearm, air rifle, or cocked bow or crossbow in a vehicle.
406.9-2. General Hunting Restrictions. Persons may not, unless specifically authorized by a
permit, if applicable, do any of the following:
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(a) Hunt with the use of aircraft;
(b) Hunt within fifty (50) feet of the center of a paved road;
(c) Hunt from a vehicle;
(d) Hunt while under the influence of alcohol or a controlled substance;
(e) Hunt with the aid of artificial light, provided that it is permissible to use artificial light
to find one’s way and while hunting on foot, at the point of harvest of coyote, raccoon, fox,
or any other authorized unprotected species;
(f) Shine between the hours of 10:00 p.m. and sunrise during the months of September,
October, November, and December; during all other months, shining is allowed at any
hour;
(g) Hunt in a party of more than ten (10fifteen (15) persons;
(h) Hunt with, or possess while hunting:
(1) Any firearm for which the possession is unlawful under Wisconsin or Federal
law;
(2) Slugs, except that a person may possess slugs during deer firearm season if he
or shethey also possessespossess the required associated permit;
(3) A handgun with a barrel length of less than five (5) inches;
(4) A concealed handgun without a valid permit from the State of Wisconsin;
and/or
(5) Any of the following without a valid federal permit:
(A) A shotgun that has a barrel length of less than eighteen (18) inches or
an overall length of less than twenty-six (26) inches;
(B) A rifle that has a barrel length of less than sixteen (16) inches or an
overall length of less than twenty-six (26) inches;
(C) A fully-automatic firearm;
(D) Any mechanism designed to muffle, silence, or minimize the report of
any firearm.
406.9-3. AccidentsInjury Causing Incidents. Any person, who discharges a firearm, bow, or
crossbow while hunting and injures another person, shall render or attempt to obtain necessary
medical assistance, provide the injured person with his or hertheir name and contact information
including address, and report the accidentinjury causing incident to either the Department or the
Oneida Police Department as soon as possible.
406.9-4. Designated Hunters. A permittee may name a designated hunter to hunt, fish, or trap
on behalf of the permittee in the event that the permittee is physically or legally unable to take
pursuant to his or hertheir own permit, provided that, the designated hunter shall provide his or
hertheir name and contact information to the Department along with a signed statement from the
original permittee naming the designated hunter. The designated hunter shall receive the
Department’s approval of the designation before using the permits of the original permittee.
(a) To be eligible to be named a Designated Hunterdesignated hunter, the named person
shall:
(1) Possess a valid hunting license;
(2) Be eligible for the permits for which the person is named the designated hunter;
and
(3) Meet any other requirements of the rules created pursuant to this law.
(b) Designated hunters may hunt for thean unlimited number of permittees as authorized
by the rules developed pursuant to this law. .
(c) Any wildlife taken by a designated hunter remains the property of the original
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permittee; the designated hunter shall transfer any wildlife taken by designation to the
original permittee’s possession as soon as practicable following the taking.
406.9-5. Age Restrictions.
(a)
Youth Hunters. Persons between the ages of twelve (12ten (10) and fourteen (14) years
old may only hunt if they have obtained the required license and permits and are under the
immediate supervision of a parent, legal guardian, or a responsible adult to which a parent or legal
guardian has delegated his or hertheir supervisory responsibilities.
(a) The parent, legal guardian, or responsible adult shall have a valid license and any
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.(b)Tribal members, descendants2, non-member Indians Mentored Hunting. Individuals
may obtain a mentored-only hunting license and dependents aged ten (10) or eleven (11) years old
may permit and hunt ifwithout first completing a hunter education course as long as they
haveaccompany a mentor present while hunting and have obtained any required licenses and
permits.
(c) a) A mentee may be either a:
(1) Tribal members, descendants3member, descendant, non-member Indians and
dependentsIndian, or dependent having less than ten (10) years of age may accompany a
mentor while hunting, provided that youth under the age of ten (10) may not use a weapon
during the hunt.
(d) The following limitations apply to youth hunters and their mentors hunting pursuant to
this section:
(1)
Only one (1) weapon may be possessed jointly between the mentor and his;
or her mentee(s);
(2) Mentors may mentor a maximum of two (2) youth hunters at the same time;
and
(3) The mentor shall remain within an arm’s grasp of each youth hunter at all times.
(e)
(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;
(2)
3) Have a valid license and any required permits; and
(3)
4) Be the youth hunter’smentee’s parent or legal guardian or have
permission from the hunter’smentee’s parent or legal guardian to be the hunter’s
mentor. This requirement does not apply if the mentee is age eighteen (18) or older.
(c) Mentors may mentor a maximum of two (2) mentees at the same time;
(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.
406.9-7.406.9-6.
Deer Hunting Parties. A deer hunting party consists of a minimum of two
(2) people and may be limited in size as provided in the rules developed pursuant to this law. a
maximum of fifteen (15) people. Any member of a deer hunting party may harvest deer on behalf
2
3
Requirements for descendancy are determined by the Oneida Trust Enrollment Committee.
See footnote 2.
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of another member of the deer hunting party under the following circumstances:
(a) At the time and place of the harvest, the member of the hunting party who harvests the
deer shall be in contact with the member of the hunting party on whose behalf the deer was
harvested. For the purpose of this section, contact means visual or voice contact without
the aid of any mechanical or electronic amplifying device other than a hearing aid. Hand
radios are permitted, however may not be used as an acceptable means of contact as
required in this section.
(b) The member of the hunting party for whom the deer was harvested shall possess a valid,
license and carcass tag for the deer.
(c) The member of the hunting party who harvests the deer shall ensure that a valid carcass
tag is attached to the deer by a member of the hunting party prior to field dressing and
moving the deer; the member of the hunting party that harvests the deer may not leave said
deer unattended until it has been properly tagged.
406.10. Enforcement and Penalties
406.10-1. Reporting Violations. All persons shall report any violation(s) of this law and/or the
corresponding rules to the Department or the Oneida Police Department. The department receiving
information regarding violations shall keep the information confidential.
406.10-2. Licenses/Permits Suspension, Revocation, and/or Ineligibility. The Department may
suspend, revoke, or deem a party ineligible for a license or permit as a penalty for committing any
one (1) of the following acts or any combination thereof:
(a) Has committed an act causing any of his or herstheir hunting, fishing, or trapping
licenses, permits or privileges to be suspended or revoked by any other jurisdiction,
whether it be tribal, state, or federal, where, for the purposes of this section, a person’s right
to possess firearms is considered a hunting privilege;
(b) Provides false information, or assists other in providing false information, when
applying for a license or permit;
(c) Fails to timely pay a fine or abide by a penalty assessed against him or herthem as a
consequence for violating the provisions of this law and/or the corresponding rules; and/or
(d) Violates this law and/or the corresponding rules and the violation is one for which the
citation schedule identifies suspension, revocation, or ineligibility of a license or permit as
an available penalty.
406.10-3. Warning and Citations. Department wardens may issue verbal and/or written warnings
and/or citations to any person found to be in violation of this law and/or the corresponding rules.
The Department shall ensure that all warning and citations identify the relevant violation and, if
applicable, the fine and/or penalties imposed as a consequence of the violation.
406.10-4406.10-3.
Appeal of License and/or Permit Decision. Any person wishing to contest
a decision of the Department related to a license and/or permit may appeal such action by filing a
complaint with the Judiciary Trial Court naming the Department.
406.10-5. Contested Action Hearings. All citations, orders and declarations issued pursuant to this
law shall include a pre-hearing date with the Judiciary Trial Court which shall be set for the next
scheduled monthly prehearing date that is at least thirty (30) days after the citation was issued.
Persons wishing to contest a citation shall appear at the prehearing, at which time the Judiciary
Trial Court shall accept pleas which either contest or admit committing the act for which the
citation was issued. The Judiciary shall schedule a hearing as expeditiously as possible, provided
that it shall be scheduled within ninety (90) days of the date of the prehearing, for all persons
entering a plea contesting the fact that they committed the act for which a citation was issued. In
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addition to scheduling requested hearings, the Judiciary may also make conditional orders at the
prehearing which are effective until the matter is resolved4. Issuance of a Citation. An individual
who violates a provision of this law or the corresponding rules may be subject to the issuance of a
citation by a warden or an Oneida Police Department officer.
(a) Community Service. Community service may be substituted A citation for fines ata
violation of this law, the Judiciary’s discretion, provided that, if so substituted, the
Judiciary shall use the rate of one (1) hour per ten dollars ($10.00) of the fine.
(b) Allocation of Citation Revenue. Allcorresponding rules, or any orders issued pursuant
to this law may include fines and other penalties issued by citations are payable to ERB or
its designee, the proceeds of which ERB shall contribute to the Nation’s general fund.
(c)Appealing the Decision of the Judiciary , as well as conditional orders made by the Trial
Court. Any person wishing to contest the determination of the Judiciary Trial Court may
appeal the applicable determination to the Judiciary’s Court of Appeals
(b) A citation for a violation of this law shall be processed in accordance with the Rules of
Appellate Procedure.
(d)
Pursuing Payment of a Citation. ERB may pursue payment from parties who have
failed to make the required payments through the garnishment processprocedure contained
in the Garnishment law and/or by attaching a Tribal member’s per capita payment pursuant
to the Per Capita law. Nation’s laws and policies governing citations.
End.
Adopted - BC-808-31-94-C
Adopted - BC-404-24-96-A
Adopted - BC-07-22-98-A
Amended - BC-09-13-00-D
Amended - BC-606-04-03-A
Amended - BC-606-30-04-I
Amended - BC-707-13-05-E
Amended - BC-808-29-07-F
Amended - BC-06-24-09-E
Amended - BC-08-26-10-I
Emergency Amended - BC-06-22-11-H (Expired)
Amended – BC-12-14-11-E
Amended – BC-05-22-13-A
Amended – BC-01-25-17-D
Amended – BC-07-26-17-F
Amended – BC-__-__-__-__
4 O.C. 406 – page 15
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Title 4. Environment and Natural Resources – Chapter 406
Lutol@tha>, Latsyw@aha> O>kh@le Atlist@y< Tsi> Kayanl^hsla
Our laws concerning hunting, fishing and trapping
HUNTING, FISHING, AND TRAPPING
406.1.
406.2.
406.3.
406.4.
406.5.
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Purpose and Policy
Adoption, Amendment, Repeal
Definitions
Jurisdiction
Administration and Supervision
406.6.
406.7.
406.8.
406.9.
406.10.
Licenses and Permits
General Regulations
Wildlife Damage and Nuisance Control
Hunting
Enforcement and Penalties
406.1.
Purpose and Policy
406.1-1. Purpose. The purpose of this law is to protect and conserve wildlife on the reservation
and to promote respect among sportsmen for both the environment and fellow sportsmen.
406.1-2. Policy. It is the policy of the Nation to provide:
(a) An adequate and flexible system for the protection, management, supervision,
conservation, and enhancement of all wildlife and natural resources on the reservation; and
(b) An enforceable system of licensing and permitting which establishes clear rules
pursuant to the Administrative Rulemaking law related to hunting, fishing, and trapping,
and associated fines and penalties for violations of this law and the said rules.
406.2.
Adoption, Amendment, Repeal
406.2-1. This law was adopted by the Oneida Business Committee by resolution BC-08-31-94C, and amended by resolutions BC-04-24-96-A, BC-07-22-98-A, BC-09-13-00-D, BC-06-04-03A, BC- 06-30-04-I, BC-07-13-05-E, BC-08-29-07-F, BC-06-24-09-E, BC-08-26-10-I, BC-12-1411-E, BC-05-22-13-A, BC-01-25-17-D, BC-07-26-17-F, and BC-__-__-__-__.
406.2-2. This law may be amended or repealed by the Oneida Business Committee and/or the
General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
406.2-3. Should a provision of this law or the application thereof to any person or circumstances
be held as invalid, such invalidity shall not affect other provisions of this law which are considered
to have legal force without the invalid portions.
406.2-4. In the event of a conflict between a provision of this law and a provision of another law,
the provisions of this law shall control.
406.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
406.3.
Definitions
406.3-1. This section shall govern the definitions of words and phrases used within this law. All
words not defined herein shall be used in their ordinary and everyday sense.
(a) “Aircraft” means a conveyance that can travel through the air and that is supported
either by its own lightness or by the action of the air against its surfaces. The term includes
hovercraft and both manned aircraft such as airplanes and helicopters and unmanned
aircraft such as drones.
(b) “Barrel length” means the length of a gun’s barrel as measured from the muzzle to
the firing pin with the action closed, or from the muzzle to the breech face.
(c) “Bodily harm” means physical pain or injury or any impairment of the physical
condition.
(d) “Daily bag limit” means the maximum number of a species of wildlife that a person
may take during a twenty-four (24) hour period measured from midnight to midnight.
4 O.C. 406 – page 1
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(e) “Department” means the Oneida Conservation Department.
(f) “Dependent” means a person under the age of eighteen (18) who is the child or stepchild of a Tribal member or who lives with a Tribal member for more than half of the year.
(g) “Descendant” means a person who is registered with, and recognized by, the Oneida
Trust Enrollment Department as being the descendant of an enrolled member of the Nation.
(h) “Designated hunter” means the person named by a permittee as authorized to harvest
wildlife on behalf of the permittee pursuant to the permit held by the permittee.
(i) “Elder” means any person fifty-five (55) years of age or older.
(j) “Endangered or threatened” means any species of wildlife within the reservation in
danger of extinction or likely to become in danger of distinction as recognized by the
Department and under federal law.
(k) “Fine” means a monetary punishment issued to a person violating this law and/or the
rules created pursuant to this law.
(l) “Fishing” means the taking, capturing, harvesting, or attempting to take, capture or
harvest fish of any variety in any manner.
(m) “Great bodily harm” means bodily injury which creates a substantial risk of death, or
which causes serious permanent disfigurement, or which causes a permanent or protracted
loss or impairment of the function of any bodily member or organ or other serious bodily
injury.
(n) “Hunt” or “Hunting” means shooting, shooting at, pursuing, taking, attempting to
take, catch, harvest or attempting to harvest any wildlife.
(o) “License” means a written document issued by the Department granting authority to
engage in specific activities covered under this law and the rules created pursuant to this
law.
(p) “Loaded” means any firearm containing a cartridge in the chamber or any firearm
containing a cartridge or cartridges in the attached cylinder, magazine, or clip.
(1) Muzzleloading firearms may not be considered loaded if a percussion cap is not
covering the percussion nipple or .209 primers are not in the receiver.
(2) Flint lock muzzleloading firearms may not be considered loaded if the flash pan
is cleaned of powder.
(q) “Nation” means the Oneida Nation.
(r) “Non-Indian” means a person who is not a member of any federally recognized
Indian tribe, band, or community.
(s) “Non-Member Indian” means a person who is a member of a federally recognized
Indian tribe, band, or community other than this Nation.
(t) “Nuisance Animal” means any wildlife causing and one (1) or combination of the
following:
(1) Damage to property;
(2) Damage to or endangered or threatened species of wildlife and/or plants;
(3) Depredation of crops and/or livestock; or
(4) Health and/or safety risks posed to persons.
(u) “Penalty” means a punishment, other than a fine, imposed on a person violating this
law and/or the rules created pursuant to this law and may include, but is not limited to, the
confiscation of equipment and/or wildlife, the imposition of a wildlife protection
assessment (civil recovery value), revocation and/or ineligibility for licenses and/or
permits for a specified period of time, and restitution.
(v) “Permit” means a document, stamp or tag authorizing a specific activity which is
4 O.C. 406 – page 2
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issued by the Department to the holder of a license.
(w) “Protected species” means any species of wildlife that is not endangered or
threatened, but for the Department has established seasons, daily bag limits, or otherwise
restricted the taking of.
(x) “Reservation” means all the property within the exterior boundaries of the reservation
of the Nation, as created pursuant to the 1838 Treaty with the Oneida 7 Stat. 566, and any
lands added thereto pursuant to federal law.
(y) “Rule” means a set of requirements, including citation fees and penalty schedules,
enacted by the Department in accordance with the Administrative Rulemaking law based
on authority delegated in this law in order to implement, interpret and/or enforce this law.
(z) “Take” or “Taking” means pursuing, shooting, hunting, fishing, netting (including
placing or setting any net or other capturing device), capturing, harvesting, snaring or
trapping any wildlife, or attempting any of the foregoing.
(aa) “Transport” means to bring or move from one place to another by means of carrying,
dragging, pushing, towing, or storing in or on a vehicle, aircraft or boat.
(bb) “Trapping” means the taking of, or attempting to take, any wildlife by means of
setting or operating any device or mechanism that is designed, built, or made to close upon,
hold fast, snare or otherwise capture wildlife.
(cc) “Tribal land” means any land within the reservation that is held in fee or in trust and
is owned by the Nation, a Tribal member, or a non-member Indian.
(dd) “Tribal member” means an enrolled member of the Nation.
(ee) “Vehicle” means any self-propelled conveyance that derives power from a motor
and is used to transport persons or objects over land, including but not limited to, an
automobile, truck, sport utility vehicle, snowmobile, motorcycle, all-terrain vehicle, moped
or similar conveyance.
(ff) “Warden” means an officer of the Oneida Police Department whose duties include the
protection of wildlife and natural resources.
(gg) “Wildlife” means any non-domesticated mammal, bird, fish, reptile, or amphibian, or
any part or carcass of the same.
406.4.
Jurisdiction
406.4-1. This law applies to the following persons:
(a) All Tribal members,
(b) All non-member Indians,
(c) All non-Indians who:
(1) apply for and receive a license and/or permit, and/or
(2) enter Tribal land,
(d) All persons as otherwise permitted under federal law.
406.4-2. This law applies:
(a) within the boundaries of the Reservation, and
(b) on lands held in trust for the Nation outside the boundaries of the Reservation.
406.4-3. Jurisdiction. The Nation has jurisdiction over the management and regulation of the
Nation’s natural resources. However, this law shall not negate the jurisdiction of the State of
Wisconsin in certain instances involving non-member Indians and non-Indians. Thus, to hunt, fish,
or trap on tribal land, non-member Indians and non-Indians shall adhere to the Nation’s license,
permit, and tag requirements and may also be subject to the requirements of the State of
Wisconsin. License and permit holders may not exercise any hunting, fishing, or tapping privileges
4 O.C. 406 – page 3
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within the Reservation boundaries using a State of Wisconsin license that would amount to greater
privileges than those afforded pursuant to this Law and associated rules.
406.5.
Administration and Supervision
406.5-1. The Department shall protect, manage, supervise, conserve, and enhance all wildlife
within the reservation. The Department shall establish and maintain the rules in accordance with
the Administrative Rulemaking law that are required to implement this law. The Department shall
administer and enforce this law and the rules created pursuant to this law.
406.5-2. Administrative Rulemaking Authority. In addition to any other duties delegated to the
Department under this law, the Department is hereby delegated rulemaking authority in accordance
with the Administrative Rulemaking law to:
(a) Determine the types and number of licenses and permits that may be issued by the
Department, including how many licenses and permits that may be issued to non-Indian
hunters.
(b) Establish a fee schedule and application requirements and deadlines for obtaining
licenses and/or permits.
(c) Establish or amend daily bag limits and possession limits based on the supply of
wildlife, the needs of conservation, and the objective of achieving a fair allocation of the
harvest. Restrictions in such rules may include, bu
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