INDIAN TRIBE OF MICHIGAN

SAGINAW CHIPPEWA

INDIAN TRIBE OF MICHIGAN

ORDINANCE 11

ON-RESERVATION HUNTING,

FISHING AND GATHERING

Amended by Resolution 17-158

Approved September 6, 2017

ORDINANCE 11

ON-RESERVATION HUNTING,

FISHING AND GATHERING

SECTION 101.

(A)

Jurisdiction over all matters arising under this Ordinance shall be with the

Tribal Community Court which shall adjudicate in accordance with this

Ordinance all questions, complaints and alleged violations involving this

Ordinance.

(B)

The Chief Judge, Associate Judge, or Magistrate, of the Tribal Court shall

also have the authority to issue warrants for search and seizure of the

premises and property of any person under the jurisdiction of said court,

however, a search warrant shall only be issued consistent with the

requirements of Chapter 1.8 of Title I of the Tribal Code.

SECTION 102.

CONSERVATION COMMITTEE AND PLANNING DEPARTMENT.

SUBDIVISION 1.

The Tribal Council for the Saginaw Chippewa Indian Tribe of Michigan, hereby

creates and establishes a Conservation Committee, which shall be charged with

assisting the Planning Department, and the Tribal Council in the management,

preservation, protection and regulation of the taking and gathering of the fish,

game, wild rice, natural and woodland resources of the Saginaw Chippewa Indian

Tribe's Isabella Reservation and those lands which are held by the United States of

America in trust for the benefit of the Tribe and are designated as open for

hunting, fishing and gathering by the Tribal Council, provided that the lakes

owned by the Tribe in Section 12 of Union Township, Isabella County, Michigan

shall not be regulated by this Ordinance but shall be regulated by policies

established by the Migizi Economic Development Company.

SUBDIVISION 2.

Regular Voting Members.

The Conservation Committee shall consist of six (6) members, who shall be adult

enrolled members of the Saginaw Chippewa Indian Tribe, appointed for a term of

two years. The Tribal Council shall make all appointments to the Conservation

Committee. These six (6) Conservation Committee Members shall be its only

voting members.

SUBDIVISION 3.

Duties and Responsibilities.

The Conservation Committee derives it's authority from the Tribal Council by

way of this Ordinance. The Conservation Committee will operate consistently

with the by-laws approved by Tribal Council. The Conservation Committee, with

Page 1 of 28

Amended September 6, 2017

the Tribal Planning Department, shall perform all duties and responsibilities as

defined by this Ordinance including, but not limited to:

SECTION 103.

(A)

Development of a system for the issuance of all licenses, permits, tags,

markers, and for the development of a record keeping system. The

Planning Department will issue all licenses, permits, tags and markers and

will be responsible for record keeping and for keeping the Tribal Council

informed with regular reports.

(B)

The Conservation Committee shall recommend to the Tribal Council and

the Planning Department: means, manner and limitations on harvesting

resources, where none are specifically provided herein; bag limits, where

none are specifically provided herein; seasons, where none are specifically

provided; closing or shortening existing seasons, when necessary for the

well-being of the resource, and; extending or opening seasons, after a

determination that such an act will not cause substantial harm to the

resource.

(C)

Annually review factors such as shortages or abundance of a resource to

determine the numbers and types of permits which may be issued.

(D)

The Planning Department may maintain relationships and communication

with tribal, state and federal agencies to facilitate cooperation in the

enforcement of respective game laws and other mutual concerns.

(E)

The Planning Department may consult with private groups, tribal, state,

local and federal governments concerning the establishment of Natural

Resource Conservation Programs which have sound biological, ecological,

environmental and economic basis.

(F)

Propose to the Tribal Council and, upon their approval, take necessary

steps to initiate and implement aspects of a Natural Resource Conservation

Program, and a Conservation Fund.

(G)

Recommend to the Tribal Council, disbursements and expenditures from

the Conservation Fund so that the funds may be expended and disbursed

for purposes which are reasonable and necessary to the implementation of

activities and operations governed by this Ordinance.

(H)

With receipt of proper application, the Planning Department will

recommend to the Tribal Council that a Conservation Officer or other

designated individual take whatever fish or game necessary for feasts,

ceremonies, senior citizens or handicapped Tribal members.

DEFINITIONS. As used in this Ordinance, the following terms shall have the

meanings given to them in this section.

Page 2 of 28

Amended September 6, 2017

SUBDIVISION 1.

“Accomplice” shall mean any person who shall advise, hire, counsel or conspire

with another to commit a violation, and shall be liable as if he committed the

violation.

SUBDIVISION 2.

“Antlerless” shall mean a deer without antlers or with antlers less than three

inches in length.

SUBDIVISION 3.

“Arrow” shall include both fishing arrows and hunting arrows and the standards

for each shall be established in a public posting by the Conservation Committee.

SUBDIVISION 4.

“Artificial Light” shall mean any light not occurring naturally.

SUBDIVISION 5.

“Attended Line” shall mean a line used for taking fish that is within sight of the

Tribal Member taking the fish.

SUBDIVISION 6.

“Bait” shall mean any lure or enticement placed to attract fish or game for the

purpose of taking fish and game.

SUBDIVISION 7.

“Big Game” shall mean deer, bear, elk, and wild turkey.

SUBDIVISION 8.

“Biodegradable” shall mean a material that will readily decompose by biological

action.

SUBDIVISION 9.

“Blaze Orange” means a garment featuring a highly visible orange color worn

during certain specified seasons. The garment featuring blaze orange must be the

outermost garment and must be visible from all sides. Camouflage orange

garments, with 50 percent or more of the surface in blaze orange are legal.

SUBDIVISION 10.

“Bow” shall mean any hunting instrument designed for the purpose of propelling

arrows which is drawn and held by and through the efforts of the person releasing.

SUBDIVISION 11.

“Carcass” shall mean the dead body of an animal.

SUBDIVISION 12.

“Ceremony” shall mean a formal act or acts recognized by the Tribal Council as

having cultural importance to the Tribe and Tribal Community.

SUBDIVISION 13.

“Commercial Use” shall mean the hunting, trapping or fishing of big game, small

game, game fish, and/or migratory birds for the purpose of barter or sale of the

fur, hide, feathers, or any part of the animals, game, migratory birds or fish.

SUBDIVISION 14.

“Conservation Committee” shall mean the committee established under Section

101 of this Ordinance.

SUBDIVISION 15.

“Conservation Officer” shall mean an officer or officers empowered by the Tribal

Council to enforce the provisions of this Ordinance.

Page 3 of 28

Amended September 6, 2017

SUBDIVISION 16.

“Crossbow” shall mean any device using a bow which once drawn, is held solely

by means other than the effort of the person releasing.

SUBDIVISION 17.

“Daily Bag Limit” shall mean a continuous twenty-for (24) hour period consistent

with the nature of the harvest activity involved.

SUBDIVISION 18.

“Dip Net” shall mean a piece of netting suspended from a round or square frame.

SUBDIVISION 19.

“Animal” shall mean an animal dependent on humans for its existence.

SUBDIVISION 20.

“Duck Bills” shall mean a forked, hinged metal device attached to the end of a

pole and designed to open automatically when pushed against the bottom of a

stream or lake.

SUBDIVISION 21.

“Electronic Communication System” shall mean any electrical device capable of

any communication.

SUBDIVISION 22.

“Fawn” shall mean all deer that were born that particular year.

SUBDIVISION 23.

“Feast” shall mean a formal meal recognized by the Tribal Council and

Conservation Committee as having importance to the Tribal members.

SUBDIVISION 24.

“Firearms” shall mean a handgun, rifle, shotgun or any device that, through a

mechanical release by the operator, ignites a confined powder charge that propels

a projectile or projectiles through and out of a metal tube for the purpose of taking

game.

SUBDIVISION 25.

“Fishing” shall mean the taking or attempted taking of fish by hook and line or

bow and arrow.

SUBDIVISION 26.

“Fish Trap” shall mean a device constructed of netting that employs a frame

and/or wings or leads that direct fish movement into and through a funnel of

netting at the trap's opening, wherein the fish are trapped by their own movement.

SUBDIVISION 27.

“Furs” shall mean the skin of a fur bearing animal after it has been stripped from

the carcass.

SUBDIVISION 28.

“Fur-bearing animals” shall mean any animal whose fur or pelt may be used by

the taker for either personal or commercial use, excluding big game animals.

SUBDIVISION 29.

“Game Fish” shall mean all trout, grayling, all bass, muskellunge, northern pike,

sauger, sturgeon, panfish, catfish, walleye, herring, cisco, perch, and fish from the

salmonid species.

SUBDIVISION 30.

“Gathering” shall mean the harvesting of any plant, plant covering, root, fruit,

fungus or grain growing naturally.

Page 4 of 28

Amended September 6, 2017

SUBDIVISION 31.

“Gill Net” shall mean any net set to take fish by entanglement rather than

entrapment.

SUBDIVISION 32.

“Guardian” shall mean a legal guardian, or any person eighteen (18) years of age

or older, who is authorized by the parent or legal guardian to supervise a person

under the age of eighteen (18).

SUBDIVISION 33.

“Handicapped or Disabled” shall mean a person who has a permanent or

temporary disability substantially limiting the person in their daily life activities.

This handicap or disability is documented and verified by a licensed physician.

SUBDIVISION 34.

“Hunter Safety Certificate” shall mean a valid certificate issued by a duly

authorized Tribal or State Program.

SUBDIVISION 35.

“Hunting” shall mean the taking or attempted taking of birds or mammals.

SUBDIVISION 36.

“Hunting Party” shall mean any group of two or more hunters licensed under this

Ordinance, all of whom are afield hunting together at the same time, for the

purpose of taking game.

SUBDIVISION 37.

“Indian Person” shall mean a Tribal member or an Indian person as defined under

‘Other Indian.’ ”

SUBDIVISION 38.

“Isabella Reservation” shall mean all lands and waters within the exterior

boundaries of the Isabella Reservation, as specified in the Order for Judgment

entered by the United States District Court for the Eastern District of Michigan in

Saginaw Chippewa Indian Tribe of Michigan v. Granholm, et al., Case No.

05-10296-BC.

SUBDIVISION 39.

“Landowner” shall mean the owner, occupant or lessee of the Land.

SUBDIVISION 40.

“License” shall mean the license issued by the Planning Department pursuant to

this Ordinance, including a current tribally issued identification card.

SUBDIVISION 41.

“Loaded Firearm” (see 'Unloaded' definition and substitute 'Loaded' for

"unloaded'.

SUBDIVISION 42.

“Migratory Birds” mean any kind described in the Migratory Bird Act, 16 U.S.C.

section 703 et seq., or at 50 CFR, Part 10.

SUBDIVISION 43.

“Minnows” with the exception of carp, goldfish and mudminnows, shall mean all

members of the minnow family (cyprinidae), and shall mean all members of the

sucker family (catosttomdae) which are not over 12 inches in length, and shall

mean bullheads, tulibee, herring, whitefish, goldeneye, and mooneyes if they are

not over seven (7) inches in length.

Page 5 of 28

Amended September 6, 2017

SUBDIVISION 44.

“Motorboat” shall mean any boat equipped with propulsion machinery, whether or

not the machinery is the principal source of it's propulsion.

SUBDIVISION 45.

“Motor Vehicle” shall mean any self-propelled vehicle and any vehicle, whether

operated from a highway, railroad track, on the ground, in the water, or in the air,

or anything attached thereto.

SUBDIVISION 46.

“Netting” shall mean taking fish by seine, trap, gill net, hoop net, cast net or

hand-held dip net.

SUBDIVISION 47.

“Non-Game Fish” shall mean fish not defined as Game Fish.

SUBDIVISION 48.

“Non-Motorized Boat” shall a boat that is not a motorboat but that is designed and

constructed to be used as a boat for transportation of a person or persons on water.

This term includes, but is not limited to, any canoe, kayak, paddle boat, paddle

board, rowboat, raft, and dinghy that is not a motorboat.

SUBDIVISION 49.

“Open Lands” shall mean those portions of the Isabella Reservation and those

portions of land held by the United States of America in trust for the Saginaw

Chippewa Indian Tribe of Michigan which have been designated as open for

hunting, fishing and gathering by the Tribal Council.

SUBDIVISION 50.

“Open Water” shall mean water that is free of ice.

SUBDIVISION 51.

“Order" shall mean the document establishing the season and daily bag limit

approved by the Tribal Council and the Conservation Committee.

SUBDIVISION 52.

“Other Indian” shall mean any Indian who is an enrolled member of any federally

recognized tribe other than the Saginaw Chippewa Indian Tribe of Michigan.

SUBDIVISION 53.

“Permit” shall mean the permit issued by the Planning Department required in

addition to the license.

SUBDIVISION 54.

“Pelt” shall mean the skin of a fur-bearing animal after it has been stripped from

the carcass.

SUBDIVISION 55.

“Personal Flotation Device” or "PFD” shall mean a Coast Guard approved Type I,

II, III or IV personal flotation device.

SUBDIVISION 56.

“Possession” shall mean both actual and constructive possession and control of

the things referred to.

SUBDIVISION 57.

“Posted Land” shall mean any land signed as described in Section 111.

SUBDIVISION 58.

“Prohibited Means” of taking includes, but is not limited to, poison arrows, illegal

firearms, explosives, wild rice harvesting machines, mechanical snares, set guns,

Page 6 of 28

Amended September 6, 2017

swivel guns and fully automatic rifles, silencers for rifles, shotguns or handguns.

SUBDIVISION 59.

“Public Roadway” shall mean a road and the right-of-way thereof, which is

regularly maintained for public use, and shall include banks, ditches and

shoulders.

SUBDIVISION 60.

“Rice Bed” shall mean the area of any lake or stream that contains wild rice.

SUBDIVISION 61.

“Ricing Permits” shall mean the permit issued by the Planning Department to a

Tribal Member or eligible Other Indian.

SUBDIVISION 62.

“Season” shall mean the length of time in which it is legal to fish, gather, trap or

hunt pursuant to this Ordinance.

SUBDIVISION 63.

“Seine” shall mean a net of mesh with floats at the top and weights at the bottom,

such that is hangs vertically in the water and which is drawn through the water to

capture fish by encircling them rather than entangling them.

SUBDIVISION 64.

“Set Gun” shall mean a firearm placed or fixed in a manner that will require an

animal, by its own motion, to discharge the firearm.

SUBDIVISION 65.

“Significant Part” shall mean a portion of flesh from a big game animal weighing

more than ten (10) pounds.

SUBDIVISION 66.

“Small Game” shall mean snowshoe hare, coyote, cottontail rabbit, all squirrel

species, crow, ruffed grouse, pheasant, quail, morning doves, woodcock, sora,

Virginia rail, Wilson's jacksnipe, badger, red and grey fox, bobcat, muskrat, mink,

pine martin, beaver and otter.

SUBDIVISION 67.

“Snagging” shall mean taking a fish, with a hook and line, by hooking a fish in a

place other than the mouth.

SUBDIVISION 68.

“Snare” shall mean the taking, or attempted taking, of any wild animal by means

of setting or operating any device, mechanism, or contraption that is designed,

built, or made to close upon, hold fast, or otherwise capture, or take, a wild animal

or animals.

SUBDIVISION 69.

“Spear” shall mean a pole tipped with a minimum of three (3) barbed tines that

are a minimum of 4 1/2 inches long with each tine having a barb extending

perpendicular, which is greater than 1/8 inch.

SUBDIVISION 70.

“Spearing” shall mean the taking of fish by the use of a spear.

SUBDIVISION 71.

“Swivel Gun” shall mean a firearm attached to a stationary object for the purpose

of taking migratory waterfowl.

Page 7 of 28

Amended September 6, 2017

SUBDIVISION 72.

“Sunrise” shall mean the beginning of a day as determined by the National

Oceanic and Atmospheric Administration Chart.

SUBDIVISION 73.

“Sunset” shall mean the end of a day as determined by the National Oceanic and

Atmospheric Administration Chart.

SUBDIVISION 74.

“Tags” shall mean a document, sticker or band intended to mark wild game and

which is assigned and distributed by the Tribal Planning Department.

SUBDIVISION 75.

“Take” or "Taking” shall mean pursuing, shooting, killing, capturing, trapping,

snaring, spearing and netting wild animals, and all lesser acts such as disturbing,

harrying, worrying or placing, setting, drawing, or using any net, trap or other

device used to take wild animals, and includes every attempt to take and every act

of assistance to any person in taking or attempting to take wild animals.

SUBDIVISION 76.

“Trap” shall mean the taking, of attempted taking, of any wild animal by means of

setting or operating any device, mechanism, or contraption that is designed, built

or made to close on, hold fast, or otherwise capture, or take, a wild animal or

animals.

SUBDIVISION 77.

“Tribal Council” shall mean the governing body of the Saginaw Chippewa Indian

Tribe of Michigan.

SUBDIVISION 78.

“Tribal Court” shall mean the Saginaw Chippewa Indian Tribal Court.

SUBDIVISION 79.

“Tribal member” shall mean a person who is an enrolled member of the Saginaw

Chippewa Indian Tribe of Michigan.

SUBDIVISION 80.

“Trot Line” shall mean a line with multiple lines and hooks attached to it. Each

trot line shall be considered one attended or unattended line.

SUBDIVISION 81.

“Unattended Line” shall mean a line used for taking fish that is not within the

sight of the Tribal Member who set the line.

SUBDIVISION 82.

“Under the Influence” shall mean any amount of alcohol or drugs that in any way

alters the user's reaction time or ability to react.

SUBDIVISION 83.

“Unloaded” shall mean without ammunition in the barrel/barrels and magazine, if

the magazine is in the firearm. A muzzle loading firearm with a flintlock ignition

is unloaded if it does not have priming powder in the pan. A muzzle loading

firearm with a percussion ignition is unloaded if it does not have a percussion cap

on a nipple. A crossbow is considered unloaded if the arrow/bolt is not in the

crossbow.

Page 8 of 28

Amended September 6, 2017

SUBDIVISION 84.

“Unprotected Game” shall mean crows, possum, weasels, gophers, porcupine,

raccoon, skunk and all other game for which no closed season or other protection

is accorded, and no license or permit is required.

SUBDIVISION 85.

“Water craft” shall mean any description of Water craft used, or capable of being

used, as a means of transportation on water.

SUBDIVISION 86.

“Waterfowl Hunting” shall mean the hunting of any migratory waterfowl for

which there is an established season.

SUBDIVISION 87.

“Wild Rice” shall mean that crop which grows naturally, or as a result of

reseeding or implanting in natural or man-made lakes and waters, including lakes

resulting from flood control structures.

Section 104.

GENERAL.

SUBDIVISION 1.

Partial Invalidity and Severability.

(A)

SUBDIVISION 2.

If any clause, sentence, paragraph, or part of this Conservation Ordinance,

shall for any reason be adjudicated by any court of competent jurisdiction,

to be invalid, such judgment shall not affect, impair, or invalidate the

remainder thereof, but shall be confined in its operation to the clause,

sentence, paragraph, or part thereof, directly involved in the controversy in

which such judgment shall have been rendered.

Prohibited Acts. In addition to the prohibitions contained in the chapters of this

Ordinance, the following shall be considered violations of this Ordinance.

(A)

Unless otherwise authorized, allowing any person to use a license or

permit of another person, whether or not such person would qualify to

receive such a license or permit.

(B)

Taking of any animal protected by Subdivision 3 of this section.

(C)

Willful and wanton destruction or waste of fish, game, wild rice or forest

resources regulated by this Ordinance.

(D)

Exceeding established limits.

(E)

Using prohibited means or equipment in the taking, or attempted taking, of

fish, game, wild rice or forest resources regulated by this Ordinance.

(F)

Use of electronic communication systems as prohibited by Tribal, state, or

Federal Law.

Page 9 of 28

Amended September 6, 2017

(G)

Fishing, hunting, trapping ,gathering or ricing outside of seasons and hours

established by the Conservation Committee.

(H)

Possession of any fish, game, or live non-game animals without a valid

license in possession.

(I)

Fraud or misrepresentation in the procurement of any permit or license.

(J)

Except as permitted, no person shall have a firearm, archery bow or

crossbow in a motor vehicle unless it is unloaded and cased.

(K)

The use of any motor vehicle for taking, or the attempted taking, of big

game or small game, except as permitted.

(L)

Refusal to cooperate or display the proper permit or license and photo

identification upon the request of a Conservation Officer, Tribal Police

Officer, or any other authorized enforcement officer.

(M)

Intentionally destroy, or attempt to destroy, any evidence seized or

confiscated, or about to be seized or confiscated, by a Conservation

Officer, Tribal Police Officer, or any other authorized enforcement officer.

(N)

It shall be an offense for anyone under oath to intentionally give false

testimony in any case before the Tribal Court.

(O)

No person shall hunt, fish, trap, gather or operate any Water craft or

vehicle while under the influence, or who is otherwise physically, or

mentally impaired such that they are unable to engage in such activity in a

reasonably safe manner.

(P)

Except as otherwise permitted, no person shall operate or ride in a Water

craft while engaged in the act of hunting, fishing or gathering unless there

is a sufficient number of readily available personal floatation devices

(PFD) on board for each person.

(Q)

The number of persons on any Water craft while engaged in the act of

hunting fishing or gathering shall not exceed that Water craft's maximum

capacity.

(R)

Destruction or tampering with any structure, device, equipment or result of

a project or scientific study by any Tribal, state, or federal department or

agency.

(S)

Hunting While Intoxicated.

Page 10 of 28

Amended September 6, 2017

(1)

No person shall hunt with a firearm, bow and arrow or crossbow

while under the influence of an intoxicant or controlled substance

to a degree that the person is incapable of safely using such

weapon, or while a person has a blood alcohol concentration of

0.08 grams or more of alcohol per 100 milliliters of a person's

blood or 0.08 grams or more of alcohol per 210 liters of a person's

breath, or 0.08 grams or more of alcohol per 67 milliliters of urine.

(2)

A person hunting with a firearm, bow and arrow, or crossbow shall

take or submit to a blood or breath test upon request of an

authorized Conservation Officer, or Tribal Police Officer to

determine the amount (if any) of intoxicant or controlled substance

present if:

(3)

(a)

the person has been issued a citation for violating Section

1.2308 or 1.2309 of Title I of the Tribal Code;

(b)

the person has been involved in an accident while hunting,

fishing or gathering resulting in property damage, personal

injury, or death and is subject to investigation by Tribal

Police or other authorized law enforcement;

(c)

the person has refused to take a preliminary breath test; or

(d)

a preliminary breath test, which means a chemical analysis

of essentially alveolar breath sample, was administered and

indicated an alcohol concentration of 0.08 grams or more.

If a person refuses to take a test required under this section, the

Tribe shall impose a civil penalty of $500 and shall immediately

revoke any license or permit issued pursuant to this Ordinance.

Such person shall not be eligible for any license or permit under

this Ordinance for a period of one year after revocation.

(T)

No person may hunt, fish or gather on lands owned by the Saginaw

Chippewa Indian Tribe in fee or on lands held in trust for the benefit of the

Saginaw Chippewa Indian Tribe by the United States unless such person is

a Tribal Member.

(U)

No person duly issued a permit or license under this Ordinance shall assist

or accompany (during the course of hunting, fishing or gathering) any

person who has not been issued a license or permit as required by this

Ordinance to hunt, fish or gather unless otherwise provided by this

Ordinance.

Page 11 of 28

Amended September 6, 2017

SUBDIVISION 3.

Except as otherwise permitted by the laws of the United States and/or this

Ordinance, there shall be no taking of the bald eagle, golden eagle or any bird of

prey, cranes, swans, loons, timber wolf, cougar, or any species determined to be

endangered or otherwise protected by the Conservation Committee and/or by the

United States.

SUBDIVISION 4.

Any person who takes game, fish or furs from Open Lands and desires to transport

such animals shall have in his possession a valid license or permit, issued by the

Planning Department.

SUBDIVISION 5.

Any person hunting or trapping with any firearm on any lands during daylight

hunting hours from August 15 to April 30 must wear a hat, cap, vest, jacket or

rain gear of Blaze Orange. Archery and crossbow deer hunters must wear Blaze

Orange to and from their hunting stand/blind while hunting on Tribal or public

land during the firearm deer season. Archery and crossbow deer hunters are not

required to wear Blaze Orange while stationary in their hunting stand/blind or

when hunting on private land. The garment featuring Blaze Orange must be the

outermost garment and must be visible from all sides. Camouflage orange

garments, with 50 percent or more of the surface in Blaze Orange are legal.

This provision does not apply to persons hunting waterfowl, crow, wild turkey, or

to persons engaged in falconry. It does not apply to archery or crossbow bear

hunters or to persons who are stationary and in the act of hunting bobcat, coyote,

or fox.

SUBDIVISION 6.

Tribal Conservation or Police Officers are empowered to enter, open and search

any motor vehicle, trailer attached thereto, or Water craft upon reasonable

suspicion to believe that game, fish, wild rice, or forest products, unlawfully

taken, harvested or possessed, may be found. Conservation Officers may, at peak

use periods and at such times as necessary, establish check stations on the public

roads to enforce compliance with this Ordinance.

SUBDIVISION 7.

Tribal Police, or any authorized Conservation Officers shall have the authority to

seize and impound property used in the unlawful taking, harvesting or unlawful

transporting of fish, game, wild rice, plants or forest products. Officers shall

prepare an inventory of all items seized and furnish a copy to the violator.

SUBDIVISION 8.

Reserved

SUBDIVISION 9.

Permits, Licenses and Tags.

(A)

Licenses shall be issued to Tribal members, or Other Indians as defined by

this Ordinance provided that other Indians may not obtain and shall not be

issued licenses for lands owned by the Saginaw Chippewa Indian Tribe in

Page 12 of 28

Amended September 6, 2017

fee or for lands held in trust by the United States for the benefit of the

Saginaw Chippewa Indian Tribe.

SUBDIVISION 10.

(B)

Permits and/or tags required in addition to a license shall be issued to

Tribal members, or Other Indians as defined by this Ordinance provided

that other Indians may not obtain and shall not be issued permits and/or

tags for lands owned by the Saginaw Chippewa Indian Tribe in fee or for

lands held in trust by the United States for the benefit of the Saginaw

Chippewa Indian Tribe.

(C)

A Tribal member who has reached his/her 50th birthday will be eligible

for a lifetime license, at no charge, for all hunting, fishing, trapping and

gathering, within the defined or open seasons, as provided for in this

Ordinance. Licenses issued pursuant to this section must comply with any

permit or tag requirement as specified in this Ordinance, but will not be

charged for such permits or tags.

(D)

An "Other Indian" who has reached his/her 50th birthday will be eligible

for a free license for all hunting, fishing, trapping and gathering, within the

defined or open seasons, as provided for in this Ordinance. Licenses issued

pursuant to this subsection must comply with any permit or tag

requirement as specified in this Ordinance. Licenses issued pursuant to

this subsection shall be valid for a period of one year.

(E)

A permit, in addition to a license, may be issued to a handicapped or

disabled Tribal member or eligible Other Indian person. Said permit must

be supported by documentation capable of authentication that meets the

satisfaction of the Planning Department.

Penalties.

(A)

Unless otherwise provided in this Ordinance, violation of any sections of

this Ordinance or the rules, regulations or Orders promulgated under this

Ordinance shall be prosecuted consistent with the procedures provided in

Title I of the Tribal Code.

Unless otherwise provided in this Ordinance, any person convicted of

violating any of the sections of this Ordinance or the rules, regulations or

Orders promulgated under this Ordinance, may be imprisoned for a period

not to exceed ninety three (93) days and shall be subject to a fine not to

exceed one thousand ($1,000.00) dollars per violation exclusive of costs

and in the discretion to the Court may be subject to both such

imprisonment, costs and fine, provided that if a person is convicted of

three or more separate violations over a five year period, said person shall

be deemed a “habitual offender” and after their third conviction and each

conviction thereafter, they may be imprisoned for a period not to exceed

Page 13 of 28

Amended September 6, 2017

one (1) year and shall be subject to a fine not to exceed five thousand

($5,000.00) dollars.

Any person convicted of violating this Ordinance or the rules, regulations

and Orders promulgated under this Ordinance, and said violation concerns

a federally protected or regulated species, said violator may be imprisoned

for a period not to exceed one (1) year and shall be subject to a fine not to

exceed five thousand ($5,000.00) dollars.

Any hunting, fishing, trapping, or gathering equipment or paraphernalia in

the possession or under the control of any person convicted of any such

offense may be permanently confiscated and used for the benefit of the

Saginaw Chippewa Indian Tribe of Michigan, or sold by the Tribal Police

Department. Any revenue generated from the sale of said confiscated

hunting, fishing, trapping, or gathering equipment shall be paid to the

Tribal Planning Department.

Further, and in the discretion of the Court, the hunting, fishing, and

gathering privileges of any such offender may be temporary suspended or

permanently revoked.

(B)

In addition, at the Court's discretion, any fish, game, wild rice or furs,

taken, may be seized and impounded by Order of the Court.

(C)

The Court may also, in its discretion, and in addition to the above

penalties, issue an Order to invoke any other equitable remedies,

including, but not limited to, reasonable Court costs; the withholding of

Court-ordered fines from income derived from the Reservation upon

notice to the Tribe's Payroll or Per-Capita Department; withholding of

Court-ordered fines from winnings derived from gaming at a Reservationcontrolled gaming establishment upon notice to the Tribe's gaming facility

and restitution for the value of the species killed, injured or possessed in

violation of this Ordinance.

(D)

The Court shall prescribe and initiate procedures for the sale of any

property ordered forfeited.

SECTION 105.

BIG GAME.

SUBDIVISION 1.

Every Tribal member, or eligible Other Indian, 10 years of age or older, who

takes, or attempts to take big game on Open Lands shall have in his/her

possession a valid license and appropriate big game carcass tag. Tribal members,

or eligible Other Indians, under the age of 14 shall not use a firearm to take, or

attempt to take big game, unless hunting for wild turkey with a shotgun or

muzzle-loading shotgun as provided in this Ordinance during the established

season.

Page 14 of 28

Amended September 6, 2017

SUBDIVISION 2.

(A)

Tribal members, or eligible Other Indians, born on or after January 1,

1980, must have a valid hunter safety certificate (or equivalent), a previous

hunting license or evidence of successfully completing a hunter safety

course to obtain a license, permit or carcass tags.

(B)

Tribal members, or eligible Other Indians, under fourteen (14) years of age

must be accompanied by a licensed parent or guardian. "Accompanied by"

requires the adult to be able to come to the immediate aid of the individual

which allows for uninterrupted, unaided visual and verbal contact.

SUBDIVISION 3.

Any licensed hunter over the age of 50, or handicapped, or disabled persons as

defined by this Ordinance, may have another licensed hunter hunt for him. This

assignment of privilege is limited to deer only. The Planning Department must be

notified in writing at the time of the issuance of the license and the writing must

identify the designated hunter.

SUBDIVISION 4.

Tags will be issued with each big game permit and will have a corresponding

number. Each animal must have the proper tag affixed so that the tag cannot be

removed without breaking the tag. The tag must be affixed at the time the animal

is brought to any dwelling, camp, or other abode, or before being placed on any

motor vehicle.

SUBDIVISION 5.

(A)

The Planning Department shall establish and maintain stations for the

purpose of recording and preserving the following information: sex of

animal taken, management unit from where the animal was taken, and any

other relevant information necessary for conservation enforcement or

population management.

(B)

All big game animals must be registered no later than 4:30 p.m. of the

third business day after the animal has been taken.

(C)

Every person taking a big game animal must retain the license, that make

it legal to possess said big game animal so long as any part of the meat is

in possession.

(D)

In the event that the big game animal, or any significant part thereof is a

gift, the person receiving the gift shall retain a statement from the licensee

making the gift. The statement will include the license and tag number,

address and signature of said licensee.

Page 15 of 28

Amended September 6, 2017

SUBDIVISION 6.

SUBDIVISION 7.

SUBDIVISION 8.

SUBDIVISION 9.

(A)

Except as provided herein, the establishment of any seasons for the taking

of any big game animal shall be permitted only by the written order of the

Planning Department.

(B)

Orders, announcing the opening of a season, will be publicly posted a

minimum of fourteen (14) days before the advent of the season.

(C)

In the event of an extended season, the Order shall be posted publicly a

minimum of fourteen (14) days prior to the closing of the present season.

It shall be unlawful to throw or cast the rays of any artificial light for the purpose

of spotting or locating any big game between 11pm and 6am; provided that an

artificial light may be used from November 1 to November 30 on property you

own or property owned by a member of your immediate family if you do not have

in your possession or control a bow and arrow, firearm, or other device capable of

shooting a projectile. A person may not throw or cast the rays of any artificial

light at any time for the purpose of spotting and locating any big game or small

game while possessing, either individually or as one of a group, a firearm, bow, or

other implement that could be used to kill big or small game. The exceptions to

this are:

(A)

If the person carrying a firearm is permitted to carry a firearm pursuant to a

state or tribally issued carrying a concealed weapon or "CCW" permit.

(B)

A property owner or his/her agent shall be permitted to throw or cast the

rays of any artificial light for the purpose of spotting and locating any fox

or coyote while possessing, either individually or as one of a group, a

firearm, bow, or other implement that could be used to kill big or small

game on private lands only when a fox or coyote is in the act of or about to

do damage to the property owner or his/her agent's person or property.

A person may place bait to take bear only within the posted times and seasons. A

tag must be displayed at each site where bait is placed and such site must be

registered by the Licensee with the Planning Department. The Planning

Department shall prescribe the method of tagging and registering the site. To

attract bear a person may not bait within a half a mile from any land fill or dump,

or within 150 yards of any occupied home or building, and shall not use a bait

with:

(A)

Solid waste containing bottles, cans, plastic, paper or metals.

(B)

Materials that are not readily biodegradable.

The taking of big game is permitted from one-half hour before sunrise to one-half

hour after sunset.

Page 16 of 28

Amended September 6, 2017

SUBDIVISION 10.

(A)

Handguns, rifles, shotguns and all projectiles used therein shall have a

center fire ignition and be at least .220 of an inch in diameter.

(B)

Unless hunting for wild turkey, handguns, rifles, shotguns must be loaded

only with single projectile ammunition.

(C)

The projectile used must have a soft point or is expanding bullet type.

(D)

The muzzle loader (long gun or handgun) cannot be loaded at the breech

(muzzle loading revolvers are not legal for taking big game).

(E)

The smooth-bore muzzle loader must be at least .45 caliber.

(F)

The rifled muzzle loader must be at least .40 caliber.

(G)

Firearms (excluding handguns) may only be transported unloaded and

cased in a motor vehicle, including ATVs, while traveling to or from

hunting or target shooting, except as prohibited under Subdivision 7 of this

Section.

SUBDIVISION 11.

Bows must have a pull of no less than 40 pounds at, or before, full draw.

Crossbows must be capable of delivering at least 42 foot-pounds of energy at 10

feet, must have a working safety, must be fired from the shoulder, and arrows or

bolts must be at least ten inches in length.

SUBDIVISION 12.

Set guns, swivel guns, snares, artificial lights, fully automatic rifles, or dogs shall

not be used for the taking, or attempted taking, of big game animals.

SUBDIVISION 13.

Commercial use as defined in Section 102, Subdivision 13, shall be illegal, except

that hides, hooves, antlers, claws and teeth of big game animals may be sold.

SUBDIVISION 14.

There shall be no hunting within 450 feet of any public campground during the

season within which it is open for public use, or within 450 feet of any occupied

dwelling that is not owned by the hunter. Firearms shall not be discharged down

or across any public roadway.

SUBDIVISION 15.

There shall be no use of flying craft in the hunting of any big game.

SUBDIVISION 16.

Any member of a Hunting Party may kill a legal deer for any other member of the

party who has an unused tag. Any member of the Hunting Party may tag a legal

deer killed by any other member of the party.

SUBDIVISION 17.

Unless otherwise provided in this Ordinance, any person who hunts or traps

during the big game season shall wear a garment containing Blaze Orange as

defined in this Ordinance.

Page 17 of 28

Amended September 6, 2017

SUBDIVISION 18.

SUBDIVISION 19.

(A)

In addition to any other prohibited means, a wild turkey may not be taken

with the aid of recorded calls or sounds or electronically amplified

imitations of wild turkey calls or sounds.

(B)

Live decoys or dogs may not be used in the taking of any wild turkey.

Wild turkeys may only be taken with:

(A)

A shotgun 20 gauge or larger or muzzle-loading shotgun 12 gauge or

larger and shot size no .4 or smaller in diameter except steel shot may be

no .2 or smaller in diameter. Duplex shot size cannot exceed no .4 in

diameter except duplex steel shot cannot exceed no .2 in diameter.

(B)

A bow and arrow-Bows must have a minimum 40 lb. draw weight.

Arrowheads must have at least 2 cutting surfaces and a diameter of at least

7/8s inch.

(C)

A crossbow-Crossbows must be fired from the shoulder, have a minimum

100 lb. draw weight, a stock of not less than 30 inches in length, a working

safety and uses arrows or bolts of not less than 14 inches with a broadhead.

SECTION 106.

SMALL GAME.

SUBDIVISION 1.

Every Tribal member, or eligible Other Indian, 10 years of age or older, who

takes, or attempts to take small game on Open Lands shall have in his/her

possession a valid license.

SUBDIVISION 2.

SUBDIVISION 3.

(A)

Tribal members, or eligible Other Indians, born on or after January 1,

1980, must have a valid hunter safety certificate (or equivalent), a previous

hunting license or evidence of successfully completing a hunter safety

course to obtain a license, or permit.

(B)

Tribal members, or eligible Other Indians, under 14 years of age must be

accompanied by a licensed parent or guardian. "Accompanied by" requires

the adult to be able to come to the immediate aid of the individual which

allows for uninterrupted, unaided visual and verbal contact. Tribal

members, or eligible Other Indians under the age of 10 years may not hunt

small game.

Small game season, daily bag and possession limits for small game shall be

designated annually by the Planning Department and be posted publicly at least

fourteen (14) days prior to the season opening.

Page 18 of 28

Amended September 6, 2017

SUBDIVISION 4.

The taking of small game shall be permitted from one-half hour before sunrise to

one-half hour after sunset.

SUBDIVISION 5.

Commercial use, as defined in Section 102, Subdivision 14, shall be illegal except

for hides, claws, talons, tails and all plumage, including wings of game birds.

SUBDIVISION 6.

It shall be permitted to use artificial light and dogs for the purpose of taking treed

raccoons.

SUBDIVISION 7.

Any person who hunts or traps during the big game season shall wear a garment

containing Blaze Orange as defined in this Ordinance.

SECTION 107.

FISH.

SUBDIVISION 1.

Licenses. Every Tribal member, or other eligible Indian person, 16 years of age or

older, who takes fish from the Open Lands, shall have in their possession a valid

license issued by the Planning Department and, if required, a valid permit.

SUBDIVISION 2.

Notice of Season, Limits and Permits.

SUBDIVISION 3.

(A)

The Planning Department shall establish the fishing season, daily bag

limits, possession limit, if any, and, if required, shall announce any

required permits. Notice shall be publicly posted a minimum of fourteen

(14) days prior to the opening of the season.

(B)

When the Planning Department determines that permits should be issued,

the Planning Department shall establish specific waters, times, dates and

bag limits and shall publicly post such designations a minimum of

fourteen (14) days prior to the issuance of permits.

Angling-open Water.

(A)

The taking of fish with attended lines shall not exceed eight (8) lines per

eligible person.

(B)

The taking of fish with unattended lines shall not exceed eight (8) lines.

Each unattended line must legibly bear the name and address of the

licensee on a permanently affixed tag.

(C)

Each unattended line shall be securely anchored so as not to be dislodged

by a hooked fish.

(D)

Each unattended line shall be checked by the licensee at least once every

twenty-four (24) hour period.

(E)

The accidental snagging of any fish, while angling in open water, shall be

a legal means of taking fish. The taking of fish by use of a snagline,

Page 19 of 28

Amended September 6, 2017

snagpole, or a multi-pointed hook with weight permanently attached is

prohibited.

(F)

SUBDIVISION 4.

The taking of fish with a bow and arrow is permitted, provided that the

equipment used satisfies the standards established by the Conservation

Committee.

Angling-ice.

(A)

The taking of fish with attended lines shall not exceed eight (8) lines per

person.

(B)

The taking of fish with unattended lines shall not exceed twelve (12) lines

per eligible person. Each unattended line must legibly bear the name and

address of the licensee on a permanently affixed tag.

(C)

Each unattended line shall be securely anchored so as not to be dislodged

by a hooked fish.

(D)

Each unattended line shall be checked at least once every twenty-four (24)

hour period.

(E)

The location of each unattended line shall be reasonably marked by an

object with a height of at least one foot above the snow line so as to be

visible to any vehicular traffic.

(F)

Holes for angling through the ice shall not exceed 12 inches in diameter.

(G)

Fish houses and portable shelters must be plainly marked with the name

and address of the owner.

(H)

Fish houses must be removed from the ice not later than March 15, unless

an earlier date is established by the Planning Department, except that

portable shelters may be used thereafter, but must be removed from the ice

daily.

(I)

The accidental snagging of any fish wile angling through the ice shall be a

legal means of taking fish. The taking of fish by a snagline, snagpole, or a

cluster of fish hooks is prohibited.

SUBDIVISION 5.

Spearing-open Water-game Fish. The spearing of game fish on open water is

permitted on Open Lands provided that a Tribal member, or Other eligible Indian

has in his or her possession a permit issued by the Planning Department.

SUBDIVISION 6.

Spearing-open Water-non-game Fish.

(A)

The spearing of non-game fish will not require a permit.

Page 20 of 28

Amended September 6, 2017

SUBDIVISION 7.

SUBDIVISION 8.

(B)

Tribal members, or other eligible Indian persons with a valid license, may

spear non-game fish in any open waters, unless otherwise prohibited.

(C)

The use of artificial light is permitted.

Spearing-ice-non-game and Game Fish.

(A)

The spearing of fish through the ice will not require a permit.

(B)

Tribal members, or other eligible Indian persons, with a valid license may

spear fish through the ice.

(C)

Tribal members, or other eligible Indian persons, shall not take fish with a

spear that does not meet the requirements established by this Ordinance.

(D)

Fish houses and portable shelters must be plainly marked with the name

and address of the owner.

(E)

Fish houses must be removed from the ice not later than March 15, unless

an earlier date is established by the Planning Department, except that

portable shelters may be used thereafter, but must be removed from the ice

daily.

(F)

The use of tip-ups or angling for fish around or within the same fish house

used for spearing is permitted.

(G)

The use of artificial lights is permitted.

(H)

When the fish house is moved, open spearing holes shall be clearly marked

by an object, at least one foot above the snow line, so as to be visible to

other fisherman.

Fish Traps-dip Nets-seines.

(A)

The taking of game fish with a fish trap, dip net or seine shall require a

permit in addition to a valid license.

(B)

A permit issued pursuant to this Subdivision will show the name, license

number and signature of the licensee, the waters on which the permit is

valid, and the date(s) during which the permit is valid.

(C)

The taking of non-game fish with a fish trap will not require a permit. The

Tribal member, or other eligible Indian person, shall return promptly to the

water any unharmed game fish incidentally taken in the trap.

(D)

Fish traps shall not exceed 36 inches in diameter or 52 inches in length.

Each wing, or lead of the trap, shall not exceed 72 inches in length. Each

Page 21 of 28

Amended September 6, 2017

trap must legibly bear the name and address of the licensee on a

permanently affixed tag.

(E)

A dip net shall not exceed 36 inches in diameter.

(F)

A seine's mesh shall be no larger than 3/8 inch when stretched.

SUBDIVISION 9.

Reserved

SUBDIVISION 10.

Daily Bag Limits and Possession.

SUBDIVISION 11.

SUBDIVISION 12.

(A)

Taking fish by fishing, spearing, trapping, dip net or seine will be limited

to the daily limits and possession regulations established pursuant to this

Ordinance.

(B)

While in the field, no Tribal member, or other eligible Indian person may

possess or transport more than the daily bag limit of fish.

Bait Fishing-minnows/leeches-personal Use.

(A)

A Tribal member, or other eligible Indian person, may take and possess no

more than four hundred (400) minnows or leeches for their own personal

use. This activity will not require a permit.

(B)

A Tribal member, or other eligible Indian person, may use any net or trap

otherwise permitted under this Ordinance to take minnows or leeches.

(C)

Each minnow or leech trap must legibly bear the name and address of the

licensee on a permanently affixed tag.

(D)

A Tribal member, or other eligible Indian person, must handle, transport,

and hold minnows and leeches in his possession in a manner that will

reasonably assure that they are kept alive and healthy and will not cause

waste or wanton destruction of the minnows or leeches.

(E)

A Tribal member, or other eligible Indian person, shall return promptly to

the water any unharmed game fish incidentally taken in a minnow/leech

net or trap.

Bait Fishing-minnows/leeches-commercial Use.

(A)

A permit is required, in addition to a license, for the taking or possession

of more than four hundred (400) minnows or leeches.

(B)

The permit shall show the licensee's name, signature, license number, the

waters on which the permit is valid, and the date(s) on which the permit is

valid.

Page 22 of 28

Amended September 6, 2017

(C)

A Tribal member, or other eligible Indian person, may use any means

otherwise permissible under this Ordinance to take minnows or leeches.

(D)

Each minnow or leech trap must legibly bear the name and address of the

licensee on a permanently affixed tag.

(E)

A Tribal member, or other eligible Indian person, must handle, transport,

and hold minnows and leeches in his possession in a manner that will

reasonably assure that they are kept alive and healthy and will not cause

waste or wanton destruction of the minnows or leeches. Minnows that are

held must be provided with aerating equipment of with a continuous flow

of water which at all times maintains sufficient dissolved oxygen to

sustain the minnows in good condition.

(F)

All minnows and leeches, not kept, and all game fish incidentally taken,

must be promptly returned unharmed to the waters.

(G)

A Tribal member, or other eligible Indian person, may sell to any person

minnows or leeches lawfully taken pursuant to this Ordinance. A Tribal

member, or other eligible Indian person, may capture and use crayfish for

personal use, but shall not commercially take, possess, or sell rusty

crayfish.

SUBDIVISION 13.

Sale of Fish. The Commercial taking of game and non-game fish is prohibited.

SUBDIVISION 14.

Transportation of Fish.

SUBDIVISION 15.

(A)

A Tribal member, or other eligible Indian person, shall transport fish,

whether whole or filleted, in such a manner that the species and number

may be verified by a one-inch patch of skin and/or scale.

(B)

A Tribal member, or other eligible Indian person, shall not transport

freshly caught fish exceeding the daily bag limit.

(C)

Tribal members and other eligible Indian persons shall have in their

possession their license and any required permits while transporting fish.

Incidental Take.

(A)

Any game fish incidentally taken by gill net or spear shall be reported to

the Planning Department or Tribal Police Department, prior to transporting

said fish.

(B)

Any game fish incidentally taken by fish trap, dip net or seine and is

unharmed must be returned to the water.

Page 23 of 28

Amended September 6, 2017

(C)

Any game fish incidentally taken by fish trap, dip net or seine and is

harmed must be reported to the Planning Department, or Tribal Police

Department, prior to transporting said fish.

SECTION 108.

TRAPPING

SUBDIVISION 1.

Every Tribal member, or eligible Other Indian, who traps on Open Lands, shall

have in his/her possession a valid license, provided that a license does not

authorize a person under age 10 to possess a firearm while trapping.

SUBDIVISION 2.

The season and bag limit for the trapping of fur-bearing animals shall be

established by way of an Order from the Planning Department. The Planning

Department shall publicly post the Order at least fourteen (14) days prior to the

opening of the season.

SUBDIVISION 3.

All traps and snares used pursuant to this Ordinance, shall have the licensee's

name and address on a permanently affixed tag. If a trapper prefers, he may

engrave his name and drivers license number on the trap.

SUBDIVISION 4.

The pelt and carcass of each bobcat, marten and otter must be presented by the

person taking it, to a Planning Department, or other designated individual for

registration before the pelt is sold, but, in no event more than two (2)business days

after said animal is trapped. The pelt shall be removed from the carcass and the

carcass shall be surrendered to the Planning Department.

SUBDIVISION 5.

The pelts of each bobcat, marten and otter shall be tagged before the pelt is sold.

The pelts of beaver, weasel, mink, raccoon, fox, coyote, possum, skunk, and

muskrat require no tags prior to sale.

SUBDIVISION 6.

Commercial use, as defined in Section 102, Subdivision 13, shall be illegal except

for the pelts of fur-bearing animals.

SUBDIVISION 7.

Any person trapping during hunting season shall wear a Blaze Orange garment as

defined by this Ordinance.

SECTION 109.

MIGRATORY WATERFOWL

SUBDIVISION 1.

Every Tribal member, or eligible Other Indian, who takes, or attempts to take

migratory waterfowl within Open Lands, shall have in their possession a valid

license.

SUBDIVISION 2.

Requirements and Liability. To hunt migratory waterfowl a Tribal member, or

eligible Other Indian, must have a small game hunting license. Waterfowl Hunters

must also have a waterfowl hunting license issued by the Planning Department.

SUBDIVISION 3.

Season, Daily and Possession Limits. The seasons, hours, daily bag and

possession limits for migratory waterfowl shall be designated annually by the

Page 24 of 28

Amended September 6, 2017

Planning Department, and shall be publicly posted a minimum of fourteen (14)

days prior to the opening of the season.

SUBDIVISION 4.

Hours for Hunting. Shooting hours for migratory waterfowl is one-half hour

before sunrise to one-half hour after sunset.

SUBDIVISION 5.

Firearms.

(A)

SUBDIVISION 6.

SUBDIVISION 7.

Shot shells in possession or used while taking or attempted taking of

migratory waterfowl shall contain steel shot or shot approved non-toxic.

Water craft.

(A)

Water craft used to take migratory waterfowl may be drifting, beached,

moored, resting at anchor or propelled by paddle, oars or pole. Water craft

with motors or sails may be used in the above described manner so long as

the motor is shut off and any sails unfurled before taking migratory

waterfowl.

(B)

No person may transport any firearm in any Water craft being propelled by

a motor or sail unless the firearm is unloaded and contained in a case.

(C)

No person shall operate or ride in a Water craft unless there is a sufficient

number of readily available personal flotation devices (PFD) on board.

Possession of Migratory Waterfowl.

(A)

No Tribal member, or eligible Other Indian, may possess more than the

daily bag or aggregate bag limit of freshly taken migratory waterfowl.

(B)

Tribal members, or eligible Other Indians, may possess any number of

migratory waterfowl that have been cleaned and processed.

SECTION 110.

WILD RICE.

SUBDIVISION 1.

Licensing/age Requirement

SUBDIVISION 2.

(A)

Every Tribal member and eligible Other Indian who harvests Wild Rice

from Open Lands must have in his/her possession a valid license.

(B)

In addition to being licensed, Tribal members and eligible Other Indians

under the age of 16 years must be in the immediate vicinity of a parent,

guardian, or other Tribal member with ricing experience.

Season, Hours, Boat Limits and Lake Assignments.

Page 25 of 28

Amended September 6, 2017

(A)

The Planning Department shall announce and post the hours and Wild

Rice harvesting season at least 24 hours prior to the opening day.

(B)

Boat limits and lake assignments, if required, shall be posted at least seven

(7) days prior to the opening day.

SUBDIVISION 3.

Reserved

SUBDIVISION 4.

Regulations.

(A)

Except as otherwise permitted, canoes shall be the only Water craft

authorized to be used in the harvesting of Wild Rice. Other water craft

must be pre-approved by the Conservation Committee prior to use in the

Wild Rice harvest.

(B)

Canoes or other approved Water craft cannot be propelled by mechanical

means on any designated Wild Rice Bed on any of the Wild Rice lakes.

This prohibition includes the pre-harvesting growing season on to the

close of the harvesting season.

(C)

The mechanical "duck bill" poling device is prohibited on any of the Wild

Rice beds during the pre-harvest and harvesting season.

(D)

There shall be one (1) designated landing area on each of the Wild Rice

lakes. Wild Rice gatherers are required to use the designated landing only.

(E)

Lakes assignments, if required, are not transferable. Except that to be

eligible to harvest Wild Rice, at least one member of the two member

ricing team must be an original member of the ricing team assigned to that

particular lake.

(F)

Hunting of migratory waterfowl on any Wild Rice bed during the posted

hours of the Wild Rice harvesting season is prohibited.

(G)

The canoe or approved water craft used to harvest Wild Rice must contain

a serviceable U.S. Coast Guard approved PFD for each person on board.

SECTION 111.

TRESPASS.

SUBDIVISION 1.

No person shall enter upon the lands of another with the intent of gathering,

taking game, or fish nor shall any person intentionally enter upon the land of

another for the purpose of pleasure driving, including snowmobiling or operating

a motorized vehicle, unless and until the permission of the owner is obtained.

SUBDIVISION 2.

During the open season for that particular game, a hunter on foot may retrieve

wounded game from land that is not posted only after receiving the permission of

the land owner. If, however, the hunter has been notified orally by the landowner

Page 26 of 28

Amended September 6, 2017

not to enter upon the land, the hunter may not enter the land to retrieve the

wounded game. The hunter may only enter posted land after receiving permission

from the landowner to do so. The hunter must leave the land immediately after

retrieving the wounded game.

SUBDIVISION 3.

No person shall enter upon any land that is not his own, regardless of whether or

not it is agricultural land, with intent to gather, take fish, or take any wild animals,

after being notified not to do so, either by the owner, or by a sign erected pursuant

to Subdivision 5 of this section.

SUBDIVISION 4.

No person shall enter or leave lands of another, or pass from one portion of

another person's land through a closed gate without returning the gate to is

original position, nor shall any person destroy, cut or tear down any fence,

building, grain, crops, live trees or any sign erected pursuant to Subdivision 5 of

this section, nor molest, wound or kill any domestic animal.

SUBDIVISION 5.

No person shall erect "no hunting", "no trapping", "no fishing", "no trespassing"

or any other sign prohibiting trespass upon any lands or waters in which he has no

right, title, interests or license. The owner, or owner's designated agent, of any

private lands, or duly constituted legal authority of public land, may erect signs

prohibiting trespassing, hunting, trapping or fishing, if the signs bear letters not

less than two inches high, are signed by the owner, or the owner's designated

agent.

SUBDIVISION 6.

(A)

SUBDIVISION 7.

Cutting and removal of fallen timber shall be in accordance with the

Tribe's wood harvest permit.

No person shall deposit garbage, rubbish, offal or the body of a dead animal, or

other litter in, or upon, public highways, public waters or the ice thereon, public

lands, or private lands, water, or the ice thereon without the consent of the owner.

SUBDIVISION 8.

(A)

Upon conviction for violation of any provision of this section, any license

under which the violator was exercising, or attempting to exercise a

privilege may become null and void and the violator may be subject to

court sanctions.

(B)

Penalties may be assessed including, but not limited to, restitution and/or

confiscation of articles used in the violation of this section.

Legislative History

Enacted by Resolution

on

, 19 . Statement of Purpose and Sections 4., 5., 6., 7., 8., 9., 10.b., 10.c., 11., 12, 12c., 12.d., 12.e.,

13. and 14. amended by Resolution 12-019 approved on November 16, 2011. Section 10.a. amended by Resolution 12-129 approved August 1, 2012. Revised

by Resolution 13-025 approved on November 14, 2012. Section 102. Subdivision 1. amended by Resolution 13-055 approved on May 22, 2013. Section 102.

Page 27 of 28

Amended September 6, 2017

Subdivision 1. and Subdivision 3.(B) amended; Section 103. new Subdivisions 2. and 49. added, Subdivision 53. deleted, remaining Subdivisions renumbered;

Subdivisions 44. and 52. amended; Section 104. Subdivisions 2.(C), 2.(E), 2.(G), 2.(S)(1), 2.(S)(2)(d), 4., 5., 7., 10.(A), 10.(B), and 10.(C) amended; Section

104 Subdivision 10.(E) and 10(F) deleted; Section 105 Subdivisions 1., 14. and 17 amended; Section 105. Subdivisions 7.(A), 7.(B) and 7.(C) deleted, existing

Subdivisions 7.(D) and 7.(E)re-enumerated; Section 106. Subdivision 1. amended; Section 107. Subdivisions 1., 5, and 13. amended; Section 108. Subdivision

1. amended; Section 109. Subdivisions 1. and 2. amended; Section 110. Subdivisions 1.(A), 3., 4.(A), 4.(F)and 4(G) amended; Section 111. Subdivision 6(B)

deleted by Resolution 14-073 approved on March 12, 2014. Section 102 Subdivision 2 and Subdivision 3 amended by Resolution 15-013 approved on October

29, 2014. Section 104 Subdivision 2 (T) and (U) added; Subdivision 9 (A) and (B) amended by Resolution 17-158 approved on September 6, 2017.

Page 28 of 28

Amended September 6, 2017