# WINNEBAGO TRIBAL CODE (2025)

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## Record

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

## Text

WINNEBAGO TRIBAL CODE
TITLE 8

TITLE 8
NATURAL RESOURCES
(Revised January 23, 2025)
SUMMARY OF CONTENTS
SECTION

ARTICLE-PAGE

1. TABLE OF REVISIONS

ii

2. TABLE OF CONTENTS

iii

3. ARTICLE 1: WILDLIFE AND PARKS
• GENERAL PROVISIONS
• AGREEMENTS
• DEFINITIONS
• WILDLIFE AND PARKS COMMISSION REGULATIONS
• LICENSE INFORMATION
• WATERFOWL
• BIG GAME REGULATIONS
• RESTRICTIONS
• FIREARMS POLICY

1-1
1-1
1-3
1-4
1-7
1-11
1-13
1-15
1-17
1-20

4. ARTICLE 2: WATER MANAGEMENT

2-1

5. ARTICLE 3: HEMP

3-1

6. ARTICLE 4: CULTURAL RESOURCE PROTECTION CODE

4-1

i

June 2025

WINNEBAGO TRIBAL CODE
TITLE 8

TITLE 8
TABLE OF REVISIONS
The following table is included in this title to show the legislative history for each article and as a
guide for determining whether each article properly reflects the current version. This table will be updated
as each article is revised.
Pages in bound titles can be inserted and removed when sections are revised on an article-byarticle basis. This table should be placed before the Table of Contents in the title.
The “Article” column lists each article number and the “Section” column lists any corresponding
sections that have been revised, in sequence. The “Revised Date” column reflects the effective date of the
revision (e.g., “6/20/15”). The “Resolution No.” column identifies the resolution approving the revision
that was adopted by the Winnebago Tribal Council. If an article is not listed in the table, it has not been
revised since the initial adoption of this title of the Tribal Code.
Article

Section

Resolution No.

Revised Date

N/A

Adopting Code

87-77

3/2/87

2
1
1
2
3
4
5
6
8
9
3
4
1
1
“
1
8
1
“
“
2
4
4
3
3
1
1
3
2

Entire Article Adopted
101, 103-104, 108, 111-114
102
101-102
101
101
107-111
104-111
107-108
101-102, 107-117
104
101-102
108
102-103, 106, 108-110, 113,
115-116
167-178
106, 183
108, 110, 112, 114-115, 117-119,
122-123, 125, 141, 149-150, 153,
162, 165, 167, 171, 176
207, 211
Article Adopted
403, 411
305
Article Adopted
110
123
Article Amended
203, 205-217

87-82
87-134
88-12
88-91
88-91
88-91
88-91
88-91
88-91
88-91
89-94
89-94
92-19
93-84
“
96-74
05-02
10-17
“
“
10-17
18-47
19-45
19-118
20-136
22-33
22-56
24-204
25-94

3/11/87
8/8/87
11/2/87
9/14/88
9/14/88
9/14/88
9/14/88
9/14/88
9/14/88
9/14/88
6/5/89
6/5/89
1/8/92
7/6/93
“
7/17/96
10/8/04
11/6/09
“
“
11/6/09
03/14/18
01/18/19
05/23/19
05/26/20
12/15/21
1/19/22
09/24/24
01/23/25

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June 2025

WINNEBAGO TRIBAL CODE
TITLE 8

TITLE 8
NATURAL RESOURCES
(Revised May 26, 2020)
ARTICLE 1
WILDLIFE AND PARKS
GENERAL PROVISIONS
8-101
8-102
8-103
8-104

Authority.
Policy.
Intent.
Effective Date.

8-105
8-106

Winnebago Wildlife and Parks
Commission.
Name.

AGREEMENTS
8-107

Cooperative and Reciprocal Agreements.
DEFINITIONS

8-108

Definitions, Interpretations.
WILDLIFE AND PARKS COMMISSION REGULATIONS

8-109
8-110
8-111
8-112
8-113
8-114

Regulations and Statutes: Contents.
Powers.
Officers’ Duties.
Search.
Authority to Enter Private Land.
Seizure Without Warrant.

8-115
8-116
8-117
8-118
8-119

Forfeiture.
Civil Liability.
Maximum Penalties.
Non-game Species.
Waiver Provision.

LICENSE INFORMATION
8-120
8-121
8-122
8-123
8-124
8-125

Residency.
Application for a License.
Validating Licenses.
License Classes and Fees.
Special Permits.
Basic License Requirements.

8-126
8-127
8-128
8-129
8-130

iii

Number of Licenses Issued.
Season Limitations.
Bag Limits.
Lost Licenses.
Revoked Licenses.

June 2025

WINNEBAGO TRIBAL CODE
TITLE 8

WATERFOWL
8-131
8-132
8-133
8-134
8-135
8-136

Waterfowl Regulations.
Restrictions.
Closed Season.
Shooting or Hawking Hours.
Field Possession Limit.
Wanton Waste.

8-137
8-138
8-139
8-140
8-141

Tagging.
Possession of Live Birds.
Dressing.
Shipment.
[Reserved.]

BIG GAME REGULATIONS
8-142
8-143
8-144
8-145

Shooting Hours.
Firearms.
Bow and Arrow.
Legal Animals.

8-146
8-147
8-148
8-149

Non-licensees.
Tagging and Transportation.
Hunter Orange.
Big game Hunting.

RESTRICTIONS
8-150
8-151
8-152
8-153
8-154
8-155
8-156
8-157
8-158

Restrictions.
Flagging.
Visible Bait.
Raw furs.
Trap Checking.
Live Furbearers.
Fishing Regulations.
Trespass.
Retrieval.

8-159
8-160
8-161
8-162
8-163
8-164
8-165
8-166

Harassment.
Livestock and Fences.
Closed Areas.
Motor Vehicles.
Artificial Light.
Inspection.
Threatened and Endangered Species.
Bobcats.

FIREARMS POLICY
8-167
8-168
8-169
8-170
8-171
8-172
8-173

Definitions.
Firearms Policy.
Administration of Firearms.
Firearms; Record.
Initial Qualification Requirements.
Procedures When a Firearm is Used.
Responsibility of the Senior
Conservation Officer.

8-174
8-175
8-176
8-177
8-178

iv

Responsibility of the Department of
Wildlife and Parks Supervisor.
Responsibility of the Chief Administrative
Officer.
Medical Standards.
Misconduct.
Special Permits.

June 2025

WINNEBAGO TRIBAL CODE
TITLE 8

TITLE 8
ARTICLE 2
WATER MANAGEMENT
(Revised January 23, 2025)
8-201
8-202
8-203
8-204
8-205
8-206
8-207
8-208

Purposes.
Major Actions.
Definitions.
Severability.
Composition of the Committee.
Committee Chairperson.
Committee Meetings.
Duties.

8-209
8-210
8-211
8-212
8-213
8-214
8-215

Committee Member Provisions.
Listing of Current Uses.
Water Resource Information.
Public Cooperation.
Declarations of New Water Use.
Inventory Update.
Committee and Administrator
Responsibilities.

TITLE 8
ARTICLE 3
HEMP
(Revised September 24, 2024)
8-301
8-302
8-303
8-304
8-305
8-306
8-307
8-308
8-309

Authority.
Citation.
Policy and Purpose.
Jurisdiction.
Definitions.
Hemp Program.
Hemp Oversight and Licensing
Commission.
Hemp License Applications.
Hemp License Application Contents.

8-310
8-311
8-312
8-313
8-314
8-315
8-316
8-317

Other License Requirements and
Restrictions.
Lot Permits.
Reporting and Recordkeeping.
Sampling and Testing.
Annual Inspections of a Random Hemp
Sample.
Transporting Hemp.
Crop Destruction and Remediation.
Penalties.

TITLE 8
ARTICLE 4
CULTURAL RESOURCE PROTECTION CODE
(Adopted March 14, 2018)
8-401
8-402
8-403
8-404
8-405
8-406

Authority.
Intent and Purpose.
Definitions.
Tribal Historic Preservation Officer.
Cultural Resource Review Process.
Determination of Adverse Effects.

8-407
8-408
8-409
8-410
8-411
8-412

v

Mitigation of Adverse Effects.
Tribal Monitors.
Enforcement.
Protection of Cultural Materials.
Permits.
Confidentiality and Disclosure.

June 2025

WINNEBAGO TRIBAL CODE
TITLE 8 ARTICLE 1

TITLE 8
NATURAL RESOURCES
(Revised November 6, 2009)
ARTICLE 1
WILDLIFE AND PARKS
GENERAL PROVISIONS
8-101
8-102
8-103
8-104

Authority.
Policy.
Intent.
Effective Date.

8-101

Authority. This Wildlife and Parks Code is enacted pursuant to:

1.
2.
3.
4.

8-105
8-106

Winnebago Wildlife and Parks
Commission.
Name.

The Constitution of the Winnebago Tribe of Nebraska as approved by the Secretary of the
Interior on April 3, 1936; and
All relevant treaties entered into by the Winnebago Tribe of Nebraska and the United States of
America; and
Title 16, United States Code, section 3371 et seq.; the “Lacey Act Amendments;” and
Title 18, United States Code, section 1163, 1164 and 1165. [TCR 87-77]

8-102
Policy. The Winnebago Tribe has historically, through tradition, custom, and ordinance,
regulated and controlled hunting and fishing on reservation lands in order to protect and enhance Tribal
resources and to ensure that those rights guaranteed by the United States government shall survive and
inure to the benefit of future generations. It is the policy of the Tribal Council, in furtherance of
conservation of Tribal natural resources for present and future generations, to implement Tribal civil and
regulatory jurisdiction over hunting, fishing and recreation activities on reservation lands, and to provide
fair and equitable procedures for every person who engages in activities subject to this Article. All
wildlife now and hereafter found within the exterior boundaries of the Winnebago Indian Reservation, not
held by private ownership lawfully acquired, are hereby declared to be property of the Winnebago Tribe
of Nebraska and no right, title, interest, or property therein can be acquired or transferred or possession
thereof had or maintained except as expressly provided herein. This Code and its provisions are
regulatory and civil in nature. Penalties and fines imposed thereby are intended as restitution for the
depletion of natural resources, and to discourage conduct contrary to these regulations, which have been
adopted as codifying the prudent management interests of the Tribe’s natural resources. All prohibition
established by this Code shall apply to and be enforced against all persons by civil enforcement procedure
and by prosecution in the United States Courts. [TCR 87-77, 88-12, 93-84]
Intent. It shall be and is hereby established as the policy and intent of the Winnebago Wildlife
8-103
and Parks Commission in conjunction with the Winnebago Tribal Council to establish the following:
1.
2.
3.

To provide an adequate and flexible system for the protection and conservation of all Wildlife
and Parks resources within the reservation of the Winnebago Tribe;
To provide for the establishment of rules, regulations and statutes relating to the harvest of
Wildlife and Parks on the reservation of the Winnebago Tribe;
To provide for the general management and supervision of all wildlife and fishery activities on
the reservation of the Winnebago Tribe;

1-1

June 2025

WINNEBAGO TRIBAL CODE
TITLE 8 ARTICLE 1

4.

To provide for the establishment of license requirements and to define prohibited acts and
penalties in regard to wildlife and fishery activities on the reservation of the Winnebago Tribe.
[TCR 87-77, 87-134, 93-84]

Effective Date. This Code supersedes all prior Codes regarding hunting and fishing, and shall
8-104
become effective on the date of Tribal Council approval. [TCR 87-77]
8-105
1.

2.

3.
4.
5.

6.

Winnebago Wildlife and Parks Commission.
The Commission shall be appointed by the Tribal Council of the Winnebago Tribe of Nebraska.
It shall be called the Winnebago Wildlife and Parks Commission. Said commission appointees
shall serve for a three years’ tenure. Said appointments shall be made by the Tribal Council and
be made effective during the third week of October. Furthermore, said Commission shall consist
of five Winnebago Tribal members, which include a chairman, vice-chairman, and secretarytreasurer. All officers shall be elected from within the commission membership.
Meetings: Any special meeting may be called at the discretion of the chairman or of a majority of
other members of said commission should the necessity arise. The commission shall meet at least
once every quarter, to conduct commission business, on a regular basis. Three members in
attendance at a meeting shall constitute a quorum.
Vacancies: In the event that a vacancy should occur, the commission will recommend a new
commissioner to serve for the remaining unexpired term. All such recommendations are subject
to the approval of the Tribal Council.
Compensation of the members of said commission shall be set by the Tribal Council, to be paid
out of the commission budget.
The lead Conservation Officer and professionals such as biologists or others with fish and/or
wildlife expertise shall be hired/terminated or contracted by the commission as needed, subject to
applicable contracting criteria as established by the Tribal Council. The lead Conservation
Officer shall be responsible for hiring and supervising support staff and additional Conservation
Officers as necessary to meet current needs of the department. Established Tribal personnel
policies and procedures shall apply to all positions within the department. [TCR 05-02]
The commission shall submit an annual budget request to the Tribal Council. The Tribal Council
shall allocate a commission budget. [TCR 87-77, 87-134, 88-91, 05-02]

8-106
Name. This Code of regulations and any additional statutory provisions pertaining to Wildlife
and Parks adopted by the Tribal Council of the Winnebago Tribe shall be known as the Wildlife and
Parks Code of the Winnebago Tribe and shall be enforced by the Tribal Court. [TCR 87-77, 88-91,
93-84, 05-02]

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WINNEBAGO TRIBAL CODE
TITLE 8 ARTICLE 1

AGREEMENTS
8-107

Cooperative and Reciprocal Agreements.

8-107
Cooperative and Reciprocal Agreements. The Winnebago Wildlife and Parks Commission is
hereby authorized, subject to the approval of the Winnebago Tribal Council, to enter into reciprocal and
cooperative agreements with the State of Nebraska and any other governments or government agencies,
federal or otherwise, for the purposes of promoting and implementing fishery and wildlife management
programs. All such agreements will become part of the Wildlife and Parks Code. [TCR 87-77, 88-91]

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WINNEBAGO TRIBAL CODE
TITLE 8 ARTICLE 1

DEFINITIONS
8-108

Definitions, Interpretations.

8-108
Definitions, Interpretations. The following terms, words, and definitions shall have the
meaning so ascribed to them in the respective sections unless a different meaning clearly appears from the
context:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.

“All-terrain vehicle” means any motorized vehicle designed for or capable of travel over
unimproved terrain.
“Antlered” means any animal with visible antlers.
“Bag limit” means maximum number of a game species which may be legally taken per day and
shall include maximum number of each sex.
“Bait” means any food item including but not limited to shelled or unshelled grains, shucked or
unshucked grains, beans, alfalfa, hay, food supplements, salt, or any other item which entices or
attracts game to a particular place.
“Bait fish” means any fish or minnow which is used for angling, or the capture or taking of fish.
“Baiting” means the act of putting out, scattering, or in other ways distributing bait for the
purpose of attracting and taking any game animal or hunting with bait.
“Big game” shall be defined as wild turkeys, while-tailed deer, mule deer, antelope, moose, elk,
and buffalo, for which harvest may be established by the Winnebago Tribe.
“Big game tag” means a tag issued with a big game permit which must be attached to the big
game animal before transporting.
“Closed area” means any area where, by authority of the commission, hunting and trapping is
prohibited and to which access or any other activities may not be allowed if signs so state in
conspicuous places along access routes.
“Closed waters” means any lake, pond, river, stream, body of water, or any part thereof within the
Winnebago Indian Reservation wherein it shall be unlawful to fish, hunt or trap. Said waters may
be closed to one or all of these activities depending on the designation of these waters.
“Carcass” means the dead body of any wild animal to which it refers including the head, hair,
skin, plumage, skeleton, or any other parts thereof.
“Cold water fishery” means any lake, pond, stream, creek or river or part thereof which is
managed for trout, and where the use of live bait and baitfish is prohibited.
“Commission” means the Winnebago Wildlife and Parks Commission, otherwise known as the
game commission.
“Creel limit” means the maximum number of any species of fish which may be legally taken per
day.
“Fish” means any effort made to kill, injure, disturb, capture or otherwise possess fish in and
from the waters of the Winnebago Indian Reservation.
“Furbearer” means animals which are taken primarily for their pelt.
“Game” means all wild animals and birds for which hunting seasons have been established by
provisions contained within this Code.
“Game fish” means all species of sturgeon, salmon, trout, pike, catfish, bullheads, sunfish, bass,
bluegill, crappies, perch, walleye, and sauger families of fish species.
“Hunt/trap” means any effort to kill, injure, capture or disturb any wild animal or wild bird as
defined herein.
“License” means the primary document issued by the authority of the Winnebago Tribe which
grants authority to engage in activities covered by the provisions of this Code.
“Live bait” means the use of any bait fish, amphibian, or any other animal while alive for angling.

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WINNEBAGO TRIBAL CODE
TITLE 8 ARTICLE 1

22.
23.
24.
25.
26.
27.
28.
29.
30.
31.

32.
33.
34.
35.
36.
37.

38.
39.
40.
41.
42.
43.
44.

“Loaded firearm” means a firearm is considered loaded if there is a shell in the chamber, shells in
the receiver or magazine, if attached to the firearm.
“Member” means a person who is enrolled or is eligible for enrollment as a member of the
Winnebago Tribe of Nebraska.
“Motor vehicle” means a motorized vehicle including any trailer or towed vehicle thereof which
may travel on land, water, snow, ice or air.
“Non-antlered” means any animal not classified as antlered.
“Non-game species” means all species of birds and animals which are not listed or covered or
provided for within the provisions of this Code and are protected.
“Non-Indian” means person who is not enrolled or eligible for enrollment as a member of a
federally recognized Indian tribe.
“Non-member Indian” means any person who is enrolled or is eligible for enrollment as a
member of a federally recognized Indian tribe other than the Winnebago Tribe of Nebraska.
“Non-resident” means person other than residents as defined in numbers (36) and (37) below.
“Officer” means a Conservation Officer or enforcement officer of the Winnebago Tribe or any
other law enforcement officer of the Bureau of Indian Affairs, or the state, or the federal
government.
“Open season” means the time specified by rule, regulation, order, resolution or statute of the
Winnebago Tribal Council when it shall be lawful to hunt, fish or trap for any animals, birds or
fish. Each period of said time shall be specified as an “open season” and limited to the period
during each day when these activities can legally take place.
“Permit” means a secondary document including stamps, requiring a license as a prerequisite to
its issuance, which grants authority to engage certain specified activities under the in provision of
this Code, within the parameters of the Tribal rules and regulations governing these activities.
“Possession” means physical possession or control of any undomesticated fish, or game or nongame animal or parts thereof, on one’s person, premises, motor vehicle, or public or private place
of processing or storage.
“Possession limit” means maximum number of game species which may be possessed.
“Predator” means animals which kill and eat flesh of other animals.
“Recreational vehicle” means any snowmobile or all-terrain vehicle engaged in off highway
recreational use.
“Reservation” means all territory within the exterior boundaries of the Winnebago Reservation
(including Flowers Island and other Tribal land located east of the Missouri River) as set forth in
the Winnebago Treaty of March 8, 1865 (14 Stat. 671) and the twenty sections included in the
strip purchased in Nebraska for Wisconsin Winnebagos (18 Stat. 170), June 22,1874 and such
lands as may be added thereto by Congress or the Tribe or reaffirmation of the title to lands
through the Courts to the Tribe, except as otherwise provided by law. This definition of
Reservation includes all rights-of-way, waterways, streams, lakes, highways, railroad rights of
way, mineral rights, etc.
“Resident of the reservation” means a person whose domicile is within the Winnebago Indian
Reservation.
“Resident of Nebraska” means a person whose domicile is within the state of Nebraska.
“Restricted water or trout water” means that fishing methods of any lake, pond, stream or any part
thereof may be limited to the use of artificial lures or bait other than live fish.
“Rough fish” means all fish species not included in the game fish families.
“Seasons” means all of the time during the entire year except during the “open season” as
specified by regulation or ordinance of the commission and the Winnebago Tribal Council.
“Sell” means to offer or possess for sale, barter, exchange or trade or the act of selling, bartering,
exchanging or trading.
“Small game” shall be defined as including the following: rails, snipe, woodcock, sharp tailed
grouse, prairie chicken, bobwhite, ring-necked pheasant, gray partridge, mourning dove,
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WINNEBAGO TRIBAL CODE
TITLE 8 ARTICLE 1

45.
46.
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.

cottontail rabbit, eastern fox squirrel, and gray squirrel. Small game does not include wild
turkeys or water fowl.
“Snagging” means the use of hooks or hooks and line with or without a pole, to impale or attempt
to impale fish in a manner other than natural feeding behavior of fish.
“Snowmobile” means any motorized vehicle designed for travel on snow and/or ice and is steered
and supported in whole or in part by skis, belts, cleats, runners, tracks, or low pressure tires.
“Specified areas” means areas where the taking of game animals is restricted to the specifications
set forth by rules, regulations, statutes, or resolutions set forth by the commission in conjunction
with the Winnebago Tribal Council.
“State” means the state of Nebraska and/or Iowa.
“Tag” means a card, label or other identification device issued for attachment to the carcass of
any game animal.
“Take” means to fish, angle, hunt, pursue, catch, capture, seine, trap, kill, or otherwise possess
any wildlife or any attempt to commit any of these acts.
“Tribe” means the Winnebago Tribe of Nebraska.
“Tribal Court” means Winnebago Tribal Court.
“Trot line” means any line used for fishing with one or more hooks which is not used with a
conventional rod and reel and is left unattended which shall include but not be limited to the
terms throw line, set line, or limb line.
“Unprotected species” means those species of birds and animals which are not protected under
the provisions of this Code or federal law, and for which year round hunting is allowed.
“Waterfowl” means any wild geese, brants, coots, or wild ducks.
“Wildlife” means any form of animal life generally living wild in a state of nature, endowed with
sensation and the power of voluntary motion, including all wild mammals, birds, fish, reptiles,
amphibians and their eggs, nests and spawn, or any animals, birds, or fish. [TCR 87-77, 87-134,
88-91, 92-19, 93-84, 10-17]

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June 2025

WINNEBAGO TRIBAL CODE
TITLE 8 ARTICLE 1

WILDLIFE AND PARKS COMMISSION REGULATIONS
8-109
8-110
8-111
8-112
8-113
8-114

Regulations and Statutes: Contents.
Powers.
Officers’ Duties.
Search.
Authority to Enter Private Land.
Seizure Without Warrant.

8-115
8-116
8-117
8-118
8-119

Forfeiture.
Civil Liability.
Maximum Penalties.
Non-game Species.
Waiver Provision.

8-109
Regulations and Statutes: Contents. The Wildlife and Parks Commission may from time to
time recommend to the Winnebago Tribal Council for the adoption, amendment, promulgation, or repeal
of such regulations and statutory provisions as are consistent with the policy, objectives and intent of this
Code as it may deem necessary or desirable in the public interest in carrying out the policy and provisions
of this Code. Those hunting and fishing seasons currently in effect shall remain in effect until changed as
provided for herein. The Wildlife and Parks Commission must, on or before the first day of September of
each year, post in conspicuous places within the reservation notices stating the limitations as to seasons,
bag limits and any moratoriums. A copy of said notice shall be provided to every person upon the
issuance of a Tribal license or permit. [TCR 87-77, 93-84]
8-110
Powers. Such regulations and statutory provisions shall, without limiting the general powers
herein conferred, include the following:
1.

2.

3.
4.
5.
6.
7.

8.

9.

To fix seasons, and shorten, extend or close seasons on any species of wildlife in any specific
locality or localities on the entire reservation, when it shall be found, after investigation, that such
action is necessary either to insure maintenance of an adequate supply thereof, to regulate taking,
to effectuate proper game management and control, or otherwise to be in the public interest of the
Winnebago Tribe.
To close or open lakes, streams, and refuges or parts thereof to angling, trapping, or hunting, and
to regulate and prescribe the means by which wildlife may be taken as may be best to perpetuate,
restore, increase or control any species of wildlife and assure an adequate supply thereof, and
regulate the transportation and storage of all wildlife or parts thereof within the boundaries of the
Winnebago Indian reservation and the development or transportation off the Winnebago Indian
reservation.
To establish or change bag limits and possession limits.
To establish and change territorial limits for taking of all species of wildlife.
To prescribe the types of or kinds of bait, lures, tackle, equipment, traps, firearms and weapons,
the tagging of game or fish or parts thereof or any other means or device for taking of such
wildlife.
To designate the areas for hunting with bow and arrow and seasons thereof.
To establish big game, small game, fish, waterfowl and/or forbearing animal refuges, production
areas, demonstration areas, and research areas. When private property is to be included in one of
the above, consent of the owner must first be obtained. Boundary lines may be posted at the
usual place of ingress with signs bearing instructions and title of the commission of the
Winnebago Tribe, in such a way that a person entering by such ingress shall be placed on notice
that he/she is within the jurisdiction of the Winnebago Tribe.
To establish methods for checking hunters, fishermen, or trappers onto and out of designated
areas, to prescribe safety and fire control measures and other regulations as may be deemed
necessary in the interest of range, forest, wildlife, fish or forbearing animal management, and for
the safety and welfare of hunters, trappers, fishermen, landowners and the Winnebago Tribe.
To establish fees and license costs for hunting seasons, general, special or otherwise,
1-7

June 2025

WINNEBAGO TRIBAL CODE
TITLE 8 ARTICLE 1

10.
11.
12.
13.

To establish rules and regulations governing the operation of boats upon waters located within the
exterior boundaries of the Winnebago Indian reservation.
To establish rules and regulations governing the operation of snowmobiles and other all-terrain
recreational vehicles on the lands of the Winnebago Tribe, which shall also include aircraft.
To establish fees and license costs for issuing Commercial Fishing Licenses to Winnebago Tribal
members.
To establish zones designated for hunting, trapping, or fishing under this Code. Such zones may,
but need not, have differing license fees, as determined by the Commission. [TCR 87-77, 93-84,
10-17, 22-33]

8-111
Officers’ Duties. It shall be the duty of the Tribal Conservation Officers to enforce the rules,
regulations, and statutory provisions promulgated hereunder relating to hunting and fishing, trapping and
all other regulations which may relate to all activities pursuant to the policy and intent of this Code and
such officers may issue citations and bring before the proper Court any persons violating the provisions of
this Code or any of the regulations, statutory provisions or rules adopted thereto pertaining to the policy,
intent and purposes of this Code.
1.
2.

3.
4.
5.
6.

Upon the filing of a complaint, it shall be the duty of such officer to render assistance in the
prosecution of the party complained against in the Winnebago Tribal Court.
All certified Conservation Officers and enforcement officers shall have the right to carry side
arms upon their person; they shall be Courteous at all times; they shall not, at any time, partake
of, or consume, illegal drugs or intoxicating liquor while on duty; they shall have the right to
demand of all persons, hunting, fishing, or trapping on the reservation to display their Tribal
license or permit for hunting, fishing, or trapping and sufficient personal identification for the
purpose of enforcing the provisions of this Code.
Drinking of intoxicating beverages, or use of illegal drugs by the Tribal Conservation Officer or
enforcement officer while on duty, shall be cause for immediate discharge from his/her position.
Each Tribal Conservation Officer shall act as an enforcement officer on the reservation, and may
seek and request assistance from all federal and state officials, county sheriffs, and Bureau of
Indian Affairs officers.
Each Tribal Conservation Officer shall keep an accurate daily log and record, setting out their
activities as such Conservation Officers and enforcement officers for each day, and shall deliver
the same to the Wildlife and Parks Commission or its designee prior to receiving their salary.
It shall be the duty of each Tribal Conservation Officer or enforcement officer on the reservation
to issue a citation and summons to any person who he/she has probable cause to believe guilty of
a violation of the provisions of this Code, and with or without a warrant, to open, enter, and
examine all camps, wagons, cars, stables, barns, tents, and other places where he/she has reason
to believe any fish or game taken in violation of this Code are to be found, and to confiscate the
same; provided , a dwelling house on the reservation actually occupied, can be entered only upon
authority of a search warrant. [TCR 87-77, 93- 84]

Search. A Tribal Conservation Officer may, without warrant but with probable cause, search
8-112
any conveyance, vehicle, game bag, or any package, box, hunting camp or a similar place where he/she
has reasonable belief that any animal has been killed or captured by the subject person within the
reservation or any such animal has been brought onto the reservation, whether or not at the time the
search was made he/she possesses actual knowledge or evidence that a violation of this Code, regulations,
ordinances or rules adopted hereunder has occurred pertaining to hunting, fishing, or trapping. Any
person who purchases a license from the Wildlife and Parks Commission who enters the reservation or
who possesses any such dead or captured animal shall be deemed to have consented to such a search.
[TCR 87-77, 10-17]
1-8

June 2025

WINNEBAGO TRIBAL CODE
TITLE 8 ARTICLE 1

8-113
Authority to Enter Private Land. Any officer, in the course of his/her duty, may enter upon
any land or waters of the Winnebago Indian reservation and remain thereon while performing such duties
hereunder, and such actions by such officers shall not constitute trespass. For the purpose of this Article,
probable cause for seizure, the Tribal officer must find that:
1.
2.

The seizure is directly necessary to secure an important Tribal interest in preserving reservation
wildlife, property and public safety from injury; or
There is a special need for prompt action because it is likely that persons and objects used by
him/her to violate these statutory provisions will leave the reservation and not return.
[TCR 87-77, 93-84]

8-114
Seizure Without Warrant. Any officer may, upon probable cause, seize without warrant, all
birds, animals, or parts thereof taken, killed, transported, or possessed, contrary to the provisions of this
Code or any regulation, rule or ordinance pertaining to hunting, fishing or trapping, and may seize
without warrant, bows, guns, traps, nets, seines, decoys, boats, lights, fishing tackle, cars, trucks, ATVs,
or such other device unlawfully used for hunting, fishing or trapping. Such officer shall issue a receipt to
the person in possession of the items seized stating time, place, date, items seized, where such items will
be held, and the name of the officer seizing said items. [TCR 87-77, 10-17]
8-115
1.

2.

3.

4.
5.

Forfeiture.
Any property seized shall be subject to forfeiture at the order of the Tribal Court of the
Winnebago Tribe after no less than fifteen days’ notice and opportunity for hearing or trial as
herewith set forth. In case it appears upon the sworn complaint of the officer making the seizures
that any articles seized were not in the possession of any person, and that the owner thereof is
unknown, the Court shall have the power and jurisdiction to forfeit such articles unknown by
publishing such summons in any newspaper of general circulation in Thurston county for a period
of two successive issues. The summons shall describe the articles seized and shall give the owner
fifteen days from the date of publication to appear before the Tribal Court and contest the
forfeiture. Any perishables seized may, in the interest of the public health, be donated to a local
non-profit organization.
If it is determined that a violation of these statutory provisions is by a non-Indian and/or nonmember Indian, and if it is determined that such alleged act or omission violates 18 U.S.C.
section 1135 or other relevant law, such person and the related evidence may be taken before the
appropriate federal authorities at the earliest opportunity for prosecution under the relevant
federal laws. Such action may be in addition to Tribal remedies and civil penalties available
under Tribal law.
In the event that the Tribal Court orders forfeiture of any article seized, such article shall be sold
at auction with proceeds going to the Wildlife and Parks Department. If any articles are not
declared forfeited by the order of the Tribal Court, they shall be returned to the person from
whom seized upon satisfaction of any and all civil penalties, liquidated damages and costs. After
the completion of the case and, if civil penalties and liquidated damages that are assessed by the
Court are not paid within a period of time to be established by the Court, the Court may dispose
of said property as described above.
In the event that final judgment dismisses the allegations against the alleged offender, all items
seized shall be returned to the owner or person from whom taken.
If the offender is unable to pay any judgment levied against him/her, then the Tribal Court may
order the forfeiture of any article lawfully seized, and have the profits therefrom applied to the
amount owed to the Court. Any surplus shall be paid to the offender and any deficiency shall be
an enforceable judgment through attachment, garnishment or other remedy available to the Tribe.
1-9

June 2025

WINNEBAGO TRIBAL CODE
TITLE 8 ARTICLE 1

6.

The Tribal Court shall be the recipient of all Court costs assessed and collected under this Code.
The proceeds of any fines, judgments, or forfeitures assessed and collected by the Court in excess
of such Court costs shall be paid by the Court to the Wildlife and Parks Commission to be used in
carrying out its duties and obligations of the intents and purposes of this Code. [TCR 87-77,
88-91, 89-84, 93-84, 10-17]

8-116
Civil Liability. Upon judgment entered in Tribal Court where the defendant has illegally
taken, killed, or possessed any species of fish or wildlife, the defendant shall be liable for liquidated
damages. In addition, the Tribal Court may impose the following additional remedies:
1.
2.
3.
4.

Forfeiture of weapons and gear used in violating these statutory provisions; and/or
Revocation of all Tribal hunting and fishing permits and licenses; and/or
Injunction against the issuance by the Tribe of any additional permits or licenses to the offender
for up to five years; and/or
Payment of the costs for the Tribal Court proceeding. [TCR 87-77, 88-91, 93-84]

8-117
Maximum Penalties. Any person who violates any provision of this Article not otherwise
subject to a specific penalty provision shall be subject to a minimum penalty of $100 and a maximum
penalty of $1,000.00 and/or loss of license. HUNTING, FISHING, TRAPPING without a proper and
current Tribal license shall subject the defendant to, the following schedule of maximum penalties:
BIG GAME
Deer

130 Class and Below
For above 130 Class

$1500.00
$1500.00 plus $10 per inch

[TCR 87-77, 88-91, 10-17]
8-118 Non-game Species. All non-game species will have a minimum value of one hundred dollars
($100.00) and a maximum value of five hundred dollars ($500). Specific penalties for non-game species
may be established by regulation of the Winnebago Tribal Wildlife and Parks Commission. [TCR 87-77,
88-91, 10-17]
Waiver Provision. At any point prior to entry of judgment in any civil proceeding initiated
8-119
under this Wildlife and Parks Code, a violator may pay to a Conservation Officer or the Tribal Court the
civil fine established by the Code for the violation at issue, plus any Court costs which may have accrued.
Said payment shall constitute an admission to the violation. Upon receipt of such payment, all
confiscated property shall be returned to the individual. Thereupon, the Conservation Officer who
participated in the initial action shall cause a notice of dismissal to be filed in the Tribal Court pursuant to
the Winnebago Rules of Civil Procedure. [TCR 87-134, 88-91, 10-17]

1-10

June 2025

WINNEBAGO TRIBAL CODE
TITLE 8 ARTICLE 1

LICENSE INFORMATION
8-120
8-121
8-122
8-123
8-124
8-125

Residency.
Application for a License.
Validating Licenses.
License Classes and Fees.
Special Permits.
Basic License Requirements.

8-126
8-127
8-128
8-129
8-130

Number of Licenses Issued.
Season Limitations.
Bag Limits.
Lost Licenses.
Revoked Licenses.

8-120
Residency. There is no residency requirement to purchase a license pursuant to this Code.
[TCR 87-77]
Application for a License. Application for a license is made to the Winnebago Wildlife and
8-121
Parks Commission. The licensee, as part of the application, must attest that he/she has read, understands
and agrees to abide by all provisions of this Code. Only one license of any type may be purchased.
[TCR 87-77]
Validating Licenses. A licensee must sign his/her name in ink on each license to validate the
8-122
license. Licenses are non-transferable and must be in the licensee’s possession while hunting, fishing or
trapping. A licensee must display his/her license upon demand of any Conservation Officer or other law
enforcement officer. [TCR 87-77, 10-17]
8-123
1.

2.

3.

License Classes and Fees.
Licenses: Licenses to HUNT, TRAP, and/or FISH, under this Code, are hereby classified as
follows:
a.
CLASS A-1 licenses to hunt, trap, or fish, shall be issued to Winnebago Tribal members
(whether resident or non-resident).
b.
CLASS A-2 licenses to Hunt, Trap, or Fish, shall be issued to non-Indians.
c.
CLASS A-3 licenses to hunt, trap, or fish, shall be issued to non-member Indians.
d.
CLASS B-1 licenses to hunt, trap, or fish, shall be issued to Winnebago Tribal members
(whether resident or non-resident) for lands east of the Missouri River,
e.
CLASS B-2 licenses to hunt, trap, or fish, shall be issued to non-Indians for lands east of
the Missouri River,
f.
CLASS B-3 licenses to hunt, trap, or fish shall be issued to non-member Indians for lands
east of the Missouri River.
License Fees: License fees shall be established annually by the Winnebago Wildlife and Parks
Commission, and paid to said commission or its designee. Senior Citizens (age fifty-five and
older) who are members of the Winnebago Tribe shall be issued CLASS A-1 and CLASS B-1
licenses free of charge.
Commercial Fishing Licenses: Commercial Fishing Licenses shall be available only to
Winnebago Tribal members and shall only be granted upon a three (3) signature approval from
the Commission. [TCR 87-77, 87-134, 88-91, 10-17, 22-56]

8-124
Special Permits. Special permits may be issued at the discretion of the Wildlife and Parks
Commission for taking certain species for ceremonial or traditional purposes. Each special permit shall
be limited to the taking of a single member of the species for which the permit was granted. Federal
application forms for the acquisition of eagle parts from the federal government may be obtained from the
Winnebago Wildlife and Parks Commission. [TCR 87-77, 87-134, 88-91]
1-11

June 2025

WINNEBAGO TRIBAL CODE
TITLE 8 ARTICLE 1

8-125
Basic License Requirements. The license to hunt is a prerequisite to all hunting, fishing, and
trapping.
1.
2.
3.

No license can be issued to any person under twelve years of age.
A license to hunt may be issued to a person under the age of sixteen provided he/she is
accompanied by a parent, guardian, or responsible adult when hunting or has successfully
completed a firearms safety course when applying for a license.
Persons under the age of sixteen may fish without a license. [TCR 87-77, 88-91, 10-17]

Number of Licenses Issued. Limitations as to the number of licenses issued in each class of
8-126
license shall be determined annually by the Wildlife and Parks Commission. [TCR 87-77, 88-91]
Season Limitations. Limitations as to seasons shall be established annually by the Winnebago
8-127
Wildlife and Parks Commission. All hunting, trapping, and fishing seasons shall be closed except as
opened by the Wildlife and Parks Commission. Moratoriums on the taking of specific species may be
established annually by the Wildlife and Parks Commission. [TCR 87-77, 88-91]
Bag Limits. No person shall take more than one daily bag limit on any one day. Daily bag
8-128
limits shall be determined annually by the Wildlife and Parks Commission. [TCR 87-77, 88-91]
8-129
Lost Licenses.
[TCR 87-77, 88-91]

Lost licenses may be replaced by the Wildlife and Parks Commission.

8-130
Revoked Licenses. In any case where a person is convicted of violating any provision of this
Code punishable by a fine of more than one hundred dollars ($100.00), or of violating any other rule or
regulation promulgated pursuant to this Code, including but not limited to hunting, trapping, fishing or
possessing wildlife without a license or during a closed season, the Court may revoke said person’s
hunting, trapping, or fishing privileges for up to five years following such conviction. [TCR 87-77,
88-91]

1-12

June 2025

WINNEBAGO TRIBAL CODE
TITLE 8 ARTICLE 1

WATERFOWL
8-131
8-132
8-133
8-134
8-135
8-136

Waterfowl Regulations.
Restrictions.
Closed Season.
Shooting or Hawking Hours.
Field Possession Limit.
Wanton Waste.

8-137
8-138
8-139
8-140
8-141

Tagging.
Possession of Live Birds.
Dressing.
Shipment.
[Reserved.]

8-131
Waterfowl Regulations. Migratory waterfowl seasons and regulations will be established by
the Wildlife and Parks Commission. In addition to Tribal regulation, all federal rules apply to taking,
possessing, transporting and storing of migratory game birds. [TCR 87-77]
8-132
1.
2.
3.
4.
5.
6.
7.
8.
9.

Restrictions. No person shall take migratory game birds:
With a trap, snare, net, crossbow, rifle, pistol, swivel gun, shotgun larger than a ten gauge, punt
gun, battery gun, machine gun, fish-hook, poison drug, explosive, or stupefying substance.
With a shotgun capable of holding more than three shells.
From a sink box, a low-floating device having a depression affording the hunter a means of
concealment beneath the surface of the water.
From or with the aid or use of a car or other motor-driven land conveyance, or any aircraft.
From or by means of any motorboat or sailboat unless the motor has been stopped and/or the sail
unfurled.
By use or aid of live decoys.
Using records or tapes of migratory bird calls, or sounds or electronically amplified imitations of
bird calls.
By driving, rally, or chasing birds with any motorized conveyance or any sailboat to put them in
the range of hunters.
By the aid of baiting (placing feed such as corn, wheat, salt, or other feed to constitute a lure or
enticement). Hunters should be aware that a baited area is considered to be baited for ten days
after the removal of the bait, and it is necessary for the hunter to know an area is baited to be in
violation. [TCR 87-77]

8-133
Closed Season.
[TCR 87-77]

No person shall take migratory game birds during the closed season.

8-134
Shooting or Hawking Hours. No person shall take migratory game birds except during the
hours open to shooting and hawking (falconry as prescribed). [TCR 87-77]
8-135
Field Possession Limit. No person shall possess more than one daily bag limit while in the
field, or while returning from the field to one’s car, hunting camp, home, etc. [TCR 87-77]
Wanton Waste. All migratory game birds shall be-retrieved, if possible, and retained in the
8-136
custody of the hunter in the field. [TCR 87-77]

1-13

June 2025

WINNEBAGO TRIBAL CODE
TITLE 8 ARTICLE 1

8-137 Tagging. No person shall give, put or leave any migratory bird at any place or in the custody of
another person unless the birds are tagged by the hunter with the following information:
1.
2.
3.
4.

The hunter’s signature.
The hunter’s address.
The total number of birds involved, by species.
The dates and locations such birds were killed.

Tagging is required if the birds are being transported by another person for the hunter, or if the birds have
been left for cleaning, storage (including temporary storage), shipment, or taxidermy services.
[TCR 87-77]
8-138

Possession of Live Birds. Crippled birds must be immediately killed. [TCR 87-77]

Dressing. No person shall completely dress any game bird (except doves) and then transport
8-139
the birds from the field to one’s home or to a commercial preservation facility. [TCR 87-77]
Shipment. No person shall ship migratory game birds unless the package is marked on the
8-140
outside with:
1.
2.
3.
4.

The name and address of the person sending the birds;
The name and address of the person to whom the birds are being sent;
The number of birds, by species, contained in the package;
The dates and locations such birds were killed. [TCR 87-77]

8-141 [Reserved.] [TCR 10-17]

1-14

June 2025

WINNEBAGO TRIBAL CODE
TITLE 8 ARTICLE 1

BIG GAME REGULATIONS
8-142
8-143
8-144
8-145

Shooting Hours.
Firearms.
Bow and Arrow.
Legal Animals.

8-146
8-147
8-148
8-149

Non-licensees.
Tagging and Transportation.
Hunter Orange.
Big Game Hunting.

8-142

Shooting Hours. One-half hour before sunrise to one-half hour after sunset. [TCR 87-77]

8-143
Firearms. No auto-loading firearm that is capable of holding more than six cartridges nor any
firearm that is capable of being operated as a fully automatic may be used.
1.
2.

It is prohibited to use any firearm of .22 caliber or less in the hunting of big game or waterfowl.
Muzzle-loading rifles must be .44 caliber or larger. Shotguns must discharge a single ball or
rifled slug weighing at least one-half ounce. Buckshot may not be used. [TCR 87-77]

Bow and Arrow. Minimum bow pull is forty pounds, and bow must be able to shoot an arrow
8-144
one hundred twenty five yards. Cutting edge of the arrowhead must be of steel and not less than seven
eighths of an inch long. The shaft of the arrow must be at least twenty four inches long. Explosives,
poisonous and barbed points, and crossbows are illegal. [TCR 87-77]
8-145
1.
2.
3.

Legal Animals. The following definitions apply to big game:
Big game includes wild turkeys, white-tailed deer, mule deer, antelope, elk, buffalo and moose.
Buck or bull means a male animal with a visible antler.
Antlerless means an animal of either sex without a visible antler. [TCR 87-77]

8-146
Non-licensees. No big game licensee hunting in the field during any big game season shall be
accompanied by a non-licensee carrying any firearm or bow and arrow. A non-licensee is a person not
having a big game license for the same season and unit as the licensee. [TCR 87-77]
Tagging and Transportation. The seal issued with each license must be signed, dated and
8-147
securely attached to the animal as provided in the instructions on the seal at the time the game is brought
to a road or into any hunting camp, farmyard, dwelling, or place of abode, or before the game is placed in
or on a vehicle.
1.
2.
3.

Tagging allows a big game animal to be transported or stored by the hunter or by another person
for the hunter.
To transport parts of a big game animal, a free transportation and shipping permit must be
obtained from the Wildlife and Parks Commission or Conservation Officer for those parts not
accompanied by the tag.
No person shall transport or possess any big game animal without the accompaniment of the
animal’s head and hide (to promptly identify species and sex) unless he/she has a receipt from a
licensed taxidermist or a free transportation and shipping permit obtained from the Wildlife and
Parks Commission or Conservation Officer. [TCR 87-77]

Hunter Orange. Any person hunting big game, other than wild turkeys, with a firearm or bow
8-148
and arrow, shall display on his/her chest and back a garment of bright orange or red material covering at
least two thirds of his/her torso. [TCR 87-77, 88-91]
1-15

June 2025

WINNEBAGO TRIBAL CODE
TITLE 8 ARTICLE 1

8-149
Big Game Hunting. The Wildlife and Parks Commission shall set the big game hunting
regulations and seasons.
1.
2.
3.
4.
5.

The Wildlife and Parks Commission shall, at its discretion, and upon application of any member
or members of the Tribe of Winnebago Indians, have the right to grant a special permit to take or
kill a big game in the off-season.
It shall be unlawful to chase, run, or harass any big game with a motor vehicle of any kind, or to
shoot, shoot at, take or attempt to take any big game from a motor vehicle while it is under way or
moving, or to use a spotlight or other artificial lighting device.
All big game hunters, other than those licensed for and hunting wild turkeys, shall wear a bright
orange or red outer garment and failure to comply with this regulation, shall constitute a violation
under this Code.
Hunters shall observe the hours set forth by the Wildlife and Parks Commission which are set as
follows: hunting permitted only from one-half hour prior to sunrise to one-half hour after sunset.
Any big game accidentally hit and killed by a motorized vehicle must be reported to the Wildlife
and Parks Commission, Conservation Officer, or other enforcement officers within twenty four
hours. [TCR 87-77, 87-134, 88-91, 10-17]

1-16

June 2025

WINNEBAGO TRIBAL CODE
TITLE 8 ARTICLE 1

RESTRICTIONS
8-150
8-151
8-152
8-153
8-154
8-155
8-156
8-157
8-158

Restrictions.
Flagging.
Visible Bait.
Raw Furs.
Trap Checking.
Live Furbearers.
Fishing Regulations.
Trespass.
Retrieval.

8-150

Restrictions. No person shall:

1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.

8-159
8-160
8-161
8-162
8-163
8-164
8-165
8-166

Harassment.
Livestock and Fences.
Closed Areas.
Motor Vehicles.
Artificial Light.
Inspection.
Threatened and Endangered Species.
Bobcats.

Possess a firearm in the field while hunting with a bow and arrow during the season restricted to
archery.
Use dogs to hunt big game.
Use salt blocks or licks to lure or attract big game.
Use any artificial light to take big game or use artificial light in big game areas while in
possession of a firearm or bow and arrow.
Hunt big game by methods other than with a firearm or bow and arrow.
Hunt in groups numbering more than ten persons.
Sell or barter big game except for head, hide or horns.
Discharge a firearm or other implement with which a big game animal could be killed from a
motor vehicle or any other means of transportation during a time and in a place that big game
hunting is being permitted.
Set or operate more than seventy five traps at any one time.
Dig, disturb, or molest any mink den or beaver house for the purpose of capturing any of these
animals, or use poisonous, gas or smoke to kill or capture any of these animals.
Destroy any muskrat house, except that in open season such house may be opened in a manner
that will not destroy, damage, or injure it as a place of habitation.
Take game in any manner other than by shooting them with a firearm, by handgun, by bow and
arrow or by birds trained in falconry.
Sell or barter game birds and animals except for skin, head or horns on big game, skin or plumage
of pheasants and furbearers.
Wantonly waste or destroy any game bird or animal.
Kill non-game birds, except the English sparrow and European starling.
Kill, or take fish or wildlife at any time except during open seasons established by the Wildlife
and Parks Commission or by special permit from the Wildlife and Parks Commission.
If under the age of sixteen, carry a gun and hunt unless having successfully completed a firearm
safety course or being accompanied by one adult for each child carrying a gun.
Take game fish by the use of net or seine.
Hunt, trap or fish on any part of the Winnebago Tribal reservation without first obtaining a
Winnebago Tribal permit or license.
Be intoxicated while hunting or fishing on the reservation; and any person found intoxicated on
the reservation while hunting or fishing shall be charged and prosecuted for such violation.
Take or attempt to take any wildlife by means of using a snare. [TCR 87-77, 88-91, 10-17]

Flagging. No person shall flag, mark or otherwise attempt to claim any specific place or area
8-151
for hunting, trapping or fishing purposes. [TCR 87-77, 88-91]
1-17

June 2025

WINNEBAGO TRIBAL CODE
TITLE 8 ARTICLE 1

8-152
Visible Bait. No person shall set any trap within thirty feet of any exposed bait visible to
airborne raptors. Exposed bait means bodies, meat or viscera of any animal bird or fish with or without
skin, hide or feathers. [TCR 87-77]
Raw Furs. The raw furs of animals legally trapped may be possessed after the close of the
8-153
season, provided all furs are checked with a Conservation Officer within ten days after the close of the
season. [TCR 87-77, 10-17]
8-154

Trap Checking. Trappers must check all traps at least every twenty four hours. [TCR 87-77]

8-155
Live Furbearers. Live furbearers may not be altered physically, bartered or possessed except
one family of live furbearers per household may be kept as pets. [TCR 87-77]
Fishing Regulations. Limits on the taking of game fish shall be established by the Wildlife
8-156
and Parks Commission annually. There are no limits on the number of rough fish that may be taken. The
limit for paddlefish is one per day. Any paddlefish snagged must be counted as the daily limit. Fish may
not be sold or caught with any type of net without a commercial fishing license issued by the Wildlife and
Parks Commission. It is unlawful to use any explosives in the taking of fish. [TCR 87-77, 88-91]
8-157
Trespass. Except as otherwise provided in Section 8-158, no person shall trespass on any
private or allotted lands within the exterior boundaries of the Winnebago reservation without permission
from the owner. [TCR 87-77, 88-91]
Retrieval. Any person may retrieve lawfully taken small and big game from private, deeded or
8-158
allotted land if you do not use a vehicle to make your retrieval. Remember, to be lawfully taken, game
must have been shot within open areas or areas where permission has been granted. [TCR 87-77, 88-91]
8-159
Harassment. No person may intentionally interfere with persons lawfully engaged in taking or
attempting to take game or fish. No person may scare or disturb game with specific intent to prevent
lawful taking. [TCR 87-77, 88-91]
Livestock and Fences. No livestock, fences, or other property belonging to the Tribe,
8-160
landowner, or lessee may be damaged or disturbed in any manner. [TCR 87-77, 88-91]
8-161
Closed Areas. No person shall hunt or trap on roads or road right-of-ways or other areas
designated as closed by the Wildlife and Parks Commission. [TCR 87-77, 88-91]
8-162
1.
2.

3.
4.

Motor Vehicles. No person shall:
Operate motor propelled vehicles on the Winnebago reservation except on designated wheeled
motor vehicle roads and trails. An additional penalty of up to $500 for such operation shall be
assessed.
Discharge any firearm at any wild animal while in or on a motor vehicle or any conveyance
attached to it when the vehicle is on a public highway. Paraplegics who are licensed hunters and
have a special permit from the Wildlife and Parks Commission may shoot from a standing
vehicle.
Use a motor vehicle to chase, harass, intercept, pursue or otherwise disturb arty big game, small
game or migratory waterfowl.
Use an aircraft to hunt, take, concentrate, drive, stir up, locate or spot any game.
1-18

June 2025

WINNEBAGO TRIBAL CODE
TITLE 8 ARTICLE 1

5.
6.
7.

Allow any firearm to protrude from any motor vehicle or any conveyance attached to it on any
public highway during any hunting season.
Have any firearm in possession while riding in or on or while operating a motor vehicle unless
the firearm is completely unloaded. This provision shall not apply to authorized law enforcement
or Conservation Officers.
Send or receive any message by radio to make it easier to take big game, small game or migratory
waterfowl. [TCR 87-77, 88- 91, 89-84, 10-17]

8-163
Artificial Light. No person shall hunt any game or wild animal with the aid or use of artificial
light except raccoons, which may be hunted with artificial light only when the hunter is not in or on a
motorized vehicle. [TCR 87-77, 88-91]
Inspection. No person shall refuse to permit inspection and count of game. Any motor
8-164
vehicle, camper, or trailer may be stopped for such inspection and count. [TCR 87-77, 88-91]
8-165
Threatened and Endangered Species. No person shall take, possess, transport, export,
process, sell or offer for sale, buy or offer to buy, nor shall a common or contract carrier transport or
receive for shipment any species of threatened or endangered wildlife or plants indigenous to the
Winnebago reservation or determined to be endangered or threatened within the Winnebago reservation.
For complete listing, write to: Winnebago Tribal Wildlife and Parks Commission, Winnebago, Nebraska,
68071. [TCR 87-77, 87-134, 88-91, 10-17]
Bobcats. Bobcats will be managed separately from all other species by the Winnebago
8-166
Wildlife and Parks Commission. A bobcat management plan will set season dates if any, limits, and
possession numbers. Special restrictions may apply to bobcats. [TCR 87-77, 88-91]

1-19

June 2025

WINNEBAGO TRIBAL CODE
TITLE 8 ARTICLE 1

FIREARMS POLICY
8-167
8-168
8-169
8-170
8-171
8-172
8-173

Definitions.
Firearms Policy.
Administration of Firearms.
Firearms; Record.
Initial Qualification Requirements.
Procedures When a Firearm is Used.
Responsibility of the Senior
Conservation Officer.

8-167

Definitions.

1.
2.

8-174
8-175
8-176
8-177
8-178

Responsibility of the Department of
Wildlife and Parks Supervisor.
Responsibility of the Chief Administrative
Officer.
Medical Standards.
Misconduct.
Special Permits.

“Certified instructor” shall mean an individual trained and certified by the Bureau of Indian
Affairs as qualified to train and test in the standards required by the agency.
“Physical Efficiency Battery” (PEB) is defined as a series of tests approved by the Bureau of
Indian Affairs Law Enforcement designed to measure physical proficiency. [TCR 96-74]

8-168
Firearms Policy. It is the policy of the Winnebago Tribe of Nebraska, Department of Wildlife
and Parks that all Tribal Conservation Officers may be authorized to carry sidearms for their safety and
protection. Tribal Conservation Officers may be authorized to carry firearms during official duty hours or
marksmanship training. All Tribal Conservation Officers will utilize department issued firearms. Any
firearm that is capable of being operated as a fully automatic weapon is prohibited. Authorized firearms
for Tribal Conservation Officers are:
1.

2.
3.

Handgun. Winnebago Tribal Conservation Officers shall be issued handguns and ammunition
approved by the Supervisor, Department of Wildlife and Parks and the Bureau of Indian Affairs
Law Enforcement supervising officer. The use of any other types of handguns other than that
authorized is prohibited. The barrel length may not be more than four inches or less than four
inches.
Rifle. Winnebago Tribal Conservation Officers shall use the Department of Wildlife and Parks’
.22 magnum rifle, for the purpose of harvesting small game species for special permits or to
destroy a seriously injured or dangerous animal.
12 gauge shotgun. Winnebago Tribal Conservation Officers shall use the Department of Wildlife
and Parks’ 12 gauge shotgun capable of holding no more than six (6)cartridges. The 12 gauge
shotgun will be authorized only for harvesting upland bird, turkey and waterfowl species for
special permits. [TCR 96-74, 10-17]

8-169
Administration of Firearms. The firearms policy shall be administered by the Supervisor of
the Wildlife and Parks Department. The firearms policy may be amended at any time by Resolution of
the Winnebago Tribal Council. [TCR 96-74]
Firearms; Record. Receipts for issued firearms shall be maintained in a file established under
8-170
the control of the Supervisor, Department of Wildlife and Parks, who is responsible for assuring such
records are current and accurate. [TCR 96-74]
8-171
Initial Qualification Requirements. Winnebago Tribal Conservation Officers are required to
attend and successfully complete the Bureau of Indian Affairs Basic Police Training course as a requisite
for position qualification and employment.
1-20

June 2025

WINNEBAGO TRIBAL CODE
TITLE 8 ARTICLE 1

1.

2.

3.

4.
5
6.

7.
8.

9.

8-172
1.

2.
8-173
1.

2.

Conservation Officers are required to receive four (4) hours of training in the use of weapons,
policy and safety and be certified by the Bureau of Indian Affairs law enforcement firearms
instructor by achieving a score of 70% or better. Conservation Officers must re-certify with a
score of 70% or better every six (6) months to be qualified to carry a sidearm.
An Officer who fails to qualify with a score of 70% or better may be re-tested one week later.
Any Officer who fails to qualify shall be reassigned to duties that do not require the use of
firearms. Any Tribal Conservation Officer who fails to qualify after three attempts within a 30
day period shall be terminated.
Tribal Conservation Officers must qualify with a score of 70% accuracy marksmanship for use of
a shotgun and rifle as established by the certified firearms instructor. A Conservation Officer
who fails to qualify as a marksman may be re-tested one week later. Any Officer who fails to
qualify after three attempts within a 30 day period shall be terminated.
Lapse of firearms qualification. Whenever a Tribal Conservation Officer’s firearms qualification
lapses, the Supervisor of the Department of Wildlife and Parks shall request the return of the
issued firearm until the Officer re-qualifies as specified.
Firearms cleaning. Each Officer shall clean the issued firearms at least once every two weeks or
after each use.
Wearing of a firearm. Tribal Conservation Officers shall carry sidearms in full view at all times
when on duty. Tribal Conservation Officers are strictly prohibited to carry department issued
firearms while off duty and are prohibited to carry firearms outside the exterior boundaries of the
Winnebago reservation unless en route to other Tribally-owned wildlife areas. Failure to comply
will result in disciplinary action.
Any part time or temporary Tribal Conservation Officers shall be prohibited to carry or use a
firearm unless they have achieved proper training and certification.
Firearms inspections. The Senior Conservation Officer shall conduct monthly firearms
inspections or as necessary and record the results of the inspection on the Officer’s monthly
report. Weapons inspection deficiencies require the Senior Conservation Officer to take
immediate corrective action to correct the deficiency. Failure to correct the deficiency shall result
in the surrender of the firearm.
Firearms storage. All department issued firearms and ammunition shall be stored at the
Winnebago Police Department. The proper storage of firearms shall include rendering firearms
inoperable by installing a safety lock on the firearm and placing the firearm in a gun safe.
[TCR 96-74, 05-02, 10-17]
Procedures When a Firearm is Used.
Conservation Officers shall prepare a written report within 6 hours stating all facts in the drawing
or firing of a weapon, except while in marksmanship training or while harvesting an animal
species for a special permit. The Conservation Officer shall report the incident of firing his/her
weapons to the designated supervisor immediately.
While on duty, if a Tribal Conservation Officer has injured or caused death to a human being, the
Officer shall immediately notify his/her supervisor. [TCR 96-74]
Responsibility of the Senior Conservation Officer.
Upon receipt of a verbal or written report that a firearm has been discharged without injury to any
person or damaging, defacing or destroying private or Tribal properties, the Senior Conservation
Officer shall investigate the incident with the proper law enforcement agency and shall submit a
verbal and written report of the findings to his/her supervisor.
Immediately upon receipt of a verbal or written report that a Conservation Officer has injured or
caused death with a firearm, it shall be the responsibility of the Senior Conservation Officer to
1-21

June 2025

WINNEBAGO TRIBAL CODE
TITLE 8 ARTICLE 1

3.

immediately notify his/her supervisor and the proper law enforcement agency for investigation.
The Senior Conservation Officer shall investigate the incident with the lead law enforcement
agency. When the investigation is complete, the Senior Conservation Officer shall submit a
verbal and written report of the findings to his/her supervisor.
If the Senior Conservation Officer caused the injury or death, the supervisor of the Wildlife and
Parks Department shall contact the proper law enforcement agency to conduct a thorough
investigation. [TCR 96-74]

8-175
Responsibility of the Chief Administrative Officer. Upon notification that any Tribal
Conservation Officer has injured, caused death or has shown inappropriate behavior with a firearm, it
shall be the responsibility of the Chief Administrative Officer to provide a copy of the Wildlife and Parks
Supervisor’s report and recommendations to the Winnebago Tribal Council. Upon receipt of the report,
the Winnebago Tribal Council may request a meeting with the parties involved. [TCR 96-74]
8-176
1.

2.

3.

4.

8-177
1.

Medical Standards.
The health of the Conservation Officers and applicants must be such that the individuals have the
capacity to meet the demands for performance in the position and for human reliability.
Conservation Officers and applicants must undergo a physical examination and be physically and
medically capable of performing the essential duties of the position efficiently and without hazard
to themselves or others. Failure to meet any of the required physical qualifications shall
disqualify the applicant or employee except when medical evidence is presented that the
individual can perform the functions of the job efficiently with reasonable accommodation.
Each Conservation Officer shall be required to take an annual physical examination performed by
a physician designated by the Winnebago Tribe. If a Conservation Officer, after a physician’s
examination, is not found to be medically fit for duty, the Officer will be placed on medical light
duty which will not require the use of a firearm and have three months to receive medical
treatment for the condition. If the Officer shows improvement within the three months, he/she
may remain on medical light duty for an additional three months if the physician deems
necessary. If after the initial three month medical light duty the physician finds the employee is
not medically fit for duty nor can reasonably be treated to become medically fit within an
additional three months, the employee will be medically discharged.
PEB testing shall be given to Conservation Officers every six months. The Department of
Wildlife and Parks Supervisor and the Bureau of Indian Affairs Law Enforcement certified PEB
Instructor shall both insure that each Tribal Conservation Officer has successfully completed the
PEB test. The established PEB procedures outlined in the PEB Manual will be used on a pass/fail
system. The testing shall be conducted by a certified PEB Instructor. The Conservation Officers
are required to achieve a score of 70% or better. Any Officer who fails to qualify as being
physically fit shall re-test no more than three times in a six week period. Failure to achieve the
70% score after three re-tests will result in termination.
Applicants and Conservation Officers must be free from any acute or chronic psychiatric, mental
or neurological condition which would be a hindrance in the full performance of the scope of
work and essential duties of the position. A psychological evaluation shall be performed on all
current Conservation Officers and all applicants with satisfactory results prior to weapons
certification and on an annual basis thereafter for the term of employment. [TCR 96-74, 10-17]
Misconduct.
The use of firearms for the purpose of intimidation, recreational use or for criminal purposes is
prohibited.
1-22

June 2025

WINNEBAGO TRIBAL CODE
TITLE 8 ARTICLE 1

2.
3.
4.

Winnebago Tribal Conservation Officers shall not be given any special deputy status to enforce
laws outside the Wildlife and Parks Code of the Winnebago Tribe of Nebraska unless officially
deputized with a specific law enforcement agency.
Tribal Conservation Officers shall not impersonate a police officer, impersonate a public servant,
use improper influence in official matters, oppress under the color of office and engage in official
misconduct as described by Tribal law.
Any proven misconduct as defined above will result in termination. [TCR 96-74]

8-178 Special Permits. Special permits may be issued at the discretion of the Wildlife and Parks
Commission for taking certain species of game for ceremonial or traditional purposes. [TCR 96-74]

1-23

June 2025

WINNEBAGO TRIBAL CODE
TITLE 8 ARTICLE 2

TITLE 8
ARTICLE 2
WATER MANAGAMENT
(Revised January 23, 2025)
8-201
8-202
8-203
8-204
8-205
8-206
8-207
8-208

Purposes.
Major Actions.
Definitions.
Severability.
Composition of the Committee.
Committee Chairperson.
Committee Meetings.
Duties.

8-201

Purposes. The purposes of this Article shall be:

1.
2.
3.

4.
5.
6.
8-202
1.
2.
3.
4.
8-203
1.
2.
3.
4.
5.
6.

8-209
8-210
8-211
8-212
8-213
8-214
8-215

Committee Member Provisions.
Listing of Current Uses.
Water Resource Information.
Public Cooperation.
Declarations of New Water Use.
Inventory Update.
Committee and Administrator
Responsibilities.

To promote the protection and use of the waters of the reservation in a manner consistent with
Tribal goals and policies;
To protect the health, welfare, economic strength, and cultural heritage of the Tribe and its
members;
To maintain water quality, free-flowing streams, and a healthy environment associated with waters
of the reservation;
To assert the inherent powers of self-government and sovereign authority of the Winnebago Tribe
of Nebraska over all actions taken within the reservation that may affect the use or quality of
reservation waters;
To provide for effective and coordinated management of regional water supplies with Tribal, state,
federal and local governments; and
To initiate an integrated approach by the Tribe to managing the waters, forests, wildlife, land, and
other natural resources of the reservation. [TCR 87-82]
Major Actions. In order to effectuate the policies in section 8-201, this Article shall:
Establish a water resource committee;
Initiate a water use inventory;
Require that all future water uses be registered with the Tribe; and
Lay the groundwork for developing water quality control programs, water regulatory Codes, and
integrated resource management strategies. [TCR 87-82]
Definitions. The following words and terms shall be defined as follows when used in this Article:
“Administrator” means the water administrator of the Tribe appointed and supervised by the water
resource committee.
“Committee” means the water resource committee established under this Article.
“Person” includes any individual corporation, association, unit of government, organization, or
other legal entity.
“Reservation” means all territory within the boundaries of the Winnebago reservation regardless of
ownership.
“Tribe” means the Winnebago Tribe of Nebraska.
“Waters of the reservation” and “reservation waters” means all water that lies, flows, arises, or
otherwise occurs on or under the reservation.
June 2025

WINNEBAGO TRIBAL CODE
TITLE 8 ARTICLE 2

7.

“Water use” means any withdrawal diversion, pumping, or impoundment of water for any purpose
by means of well, ditch, hose, pipe, dam, or other structural device. [TCR 87-82, 25-94]

8-204
Severability. If any provision of this Article is held to be legally invalid, the remainder of this
Article shall retain full force and effect under law. [TCR 87-82]
8-205
Composition of the Committee. The committee, as appointed by the Tribal Council, shall
consist of five members normally serving staggered terms of three years. [TCR 87-82, 25-94]
Organizational Meeting. The Committee shall hold an organizational meeting annually in
8-206
November or at the first meeting held following thereafter. A Chairperson and Vice Chairperson shall be
elected at the Organizational Meeting. [TCR 25-94]
8-207
Committee Chairperson. The Committee Chairperson shall be in charge of running the
meetings of the committee and reporting to the Tribal Council regarding committee actions. [TCR 87-82,
25-94]
8-208
Committee Vice Chairperson. The Committee Vice Chairperson shall be in charge of running
meetings in event of Chairperson’s absence. [TCR 25-94]
8-209
Committee Meetings. The committee shall meet once every two months, or with such greater
frequency as determined by the committee members. Decisions of the committee must be made by a
majority vote of the members. A written summary of each meeting shall be compiled by the chairperson,
reviewed by the other committee members, and submitted to the Tribal Council. A majority of the number
of committee members shall constitute a quorum. A quorum including the Chairperson, or the Vice
Chairperson acting in the Chairperson’s absence, must be in attendance at all times for the conduct of
business at committee meetings. [TCR 87-82, 10-17, 25-94]
8-210
1.
2.
3.
4.
8-211
1.
2.
3.
4.
5.
6.

Duties. The committee shall:
Implement the provisions and policies of this Article;
Appoint and supervise the water administrator;
Make recommendations to the Tribal Council regarding future water policies and regulations; and
Submit a budget request in accordance with tribal budget procedures if funds are needed for
implementing future water programs. [TCR 87-82, 25-94]
Committee Member Provisions.
Committee members shall serve their full term unless they submit a written resignation to the Tribal
Council or are removed by the affirmative vote of two-thirds of the Tribal Council membership
because of incompetency, neglect of duty, or misconduct.
Vacancies on the committee shall be filled for the remainder of the unexpired term through interim
appointment of a new member the Tribal Council.
Compensation of committee members, if any, shall be fixed by the Tribal Council.
Members of the committee must be over twenty years of age and enrolled in the Tribe. The
committee shall recommend to the Tribal Council persons to fill committee vacancies.
At least one Member of the Committee shall be a member of the Water Spirit Clan of the
Winnebago Tribe of Nebraska.
One member of the Committee shall be a current member of the Winnebago Tribal Council. [TCR
87-82, 25-94]

June 2025

WINNEBAGO TRIBAL CODE
TITLE 8 ARTICLE 2

8-212
Listing of Current Uses. The administrator shall by December 31 of each year compile a
comprehensive listing of all current uses of reservation waters. [TCR 87-82, 25-94]
8-213
Water Resource Information. The administrator shall by December 31 of each year compile
all available information, reports, data, and other documentation regarding the amount, quality, and use of
reservation waters. [TCR 87-82, 10-17, 25-94]
Public Cooperation. All persons who use reservation waters shall cooperate with and respond
8-214
to reasonable requests by the administrator in the compilation of the water use inventory and documentation
described in this Article. [TCR 87-82, 25-94]
Declarations of New Water Use. Prior to initiating new water uses, persons shall report their
8-215
proposed use of reservation water by filing a “Declaration of New Water Use” with the administrator on a
form provided by the administrator. The Administrator shall undertake timely measures to ensure that
adequate notice of this requirement is provided to persons who use waters of the reservation. [TCR 87-82,
25-94]
Inventory Update. The administrator shall utilize the “Declaration of New Water Use” to
8-216
prioritize future water uses on the reservation and to maintain a current listing of the water use inventory.
[TCR 87-82, 25-94]
8-217
1.
2.
3.
4.

Committee and Administrator Responsibilities. The committee and administrator shall:
Coordinate with other governmental entities to protect regional water quality;
Assess and recommend to the Tribal Council the extent to which the Tribe should participate in
programs under the federal Safe Drinking Water Act; and
Assess and recommend to the Tribal Council the extent to which the Tribe should participate in
programs under the federal Clean Water Act; and
Implement the provisions of Resolution 87-79 to oppose any dump sites on or near the reservation
based on potential contamination of Indian Tribal drinking water sources and all reservation waters.
[TCR 87-82, 25-94]

June 2025

WINNEBAGO TRIBAL CODE
TITLE 8 ARTICLE 3

TITLE 8
ARTICLE 3
HEMP
(Revised September 24, 2024)
8-301
8-302
8-303
8-304
8-305
8-306
8-307
8-308
8-309

Authority.
Citation.
Policy and Purpose.
Jurisdiction.
Definitions.
Hemp Program.
Hemp Oversight and Licensing
Commission.
Hemp License Applications.
Hemp License Application Contents.

8-310
8-311
8-312
8-313
8-314
8-315
8-316
8-317

Other License Requirements and
Restrictions.
Lot Permits.
Reporting and Recordkeeping.
Sampling and Testing.
Annual Inspections of a Random Hemp
Sample.
Transporting Hemp.
Crop Destruction and Remediation.
Penalties.

8-301
Authority. The Preamble and Article IV of the Constitution and Bylaws of the Winnebago
Tribe of Nebraska (also referred to herein as the “Tribe”) authorizes the governing body of the Tribe,
among other powers, to conserve and develop natural resources. Under the Agriculture Improvement Act
of 2018, Public Law No. 115-334, Title X, §10114, an Indian Tribe requesting primary regulatory
authority over the production of hemp in its territory shall submit a plan to the U.S. Department of
Agriculture (“USDA”). Upon approval of such plan by the USDA, the Tribe will monitor and regulate
the production, testing, disposal, and inspection, as well as enforce compliance with the Tribe’s law and
federal law regarding hemp production and hemp products. [TCR 20-136, 24-204]
8-302

Citation. This Article shall be known and may be cited as the “Hemp Code.” [TCR 24-204]

8-303
Policy and Purpose. It is the declared policy of the Winnebago Tribe of Nebraska that hemp is
a valuable agricultural crop and commodity that can be cultivated within the exterior boundaries of the
Winnebago Indian Reservation. The purpose of this Hemp Code is to:
1.
2.
3.
8-304
1.

2.

Promote the cultivation of hemp and the development of new and/or expansive commercial
markets for the Tribe and Licensees through the sale of hemp products to the maximum extent
permitted by law;
Regulate hemp as an agricultural commodity in compliance with tribal and federal law; and
Protect political integrity, economic security, health and welfare, and public safety of the Tribe,
its Tribal, and the local communities within its Territory. [TCR 20-136, 24-204]
Jurisdiction.
The Winnebago Tribe of Nebraska’s jurisdiction over hemp production includes all lands within
the exterior boundaries of the Winnebago Indian Reservation, and Indian country as defined in 18
U.S.C. § 1151 (a), (b), and (c). The Tribe also has jurisdiction over E-commerce transactions
emanating from or to the jurisdiction of the Tribe.
Any person who uses land anywhere within the exterior boundaries of the Winnebago Indian
Reservation and any person who enters into agreements or understandings with the Tribe or its
members and residents by commercial dealings, contracts, leases, licenses, permits,
intergovernmental agreements, or other arrangements, commercial or otherwise, shall be deemed
to have entered into a consensual relationship with the Tribe or its members subject to the
jurisdiction of the Tribe.
3-1

June 2025

WINNEBAGO TRIBAL CODE
TITLE 8 ARTICLE 3

3.

The Tribe may not prohibit the transportation or shipment of lawfully produced hemp through its
jurisdiction. [TCR 24-204]

8-305
Definitions. The following words have the meanings given below when used in the Hemp
Code unless a different meaning is obvious from the context:
1.
2.
3.

4.
5.
6.
7.
8.

9.
10.
11.
12.
13.
14.

15.
16.
17.

“Acceptable hemp THC level” means the application of the measurement of uncertainty to the
reported total delta-9 tetrahydrocannabinol (“THC”) content concentration level on a dry weight
basis that produces a distribution or range that includes 0.3% or less.
“Applicant” means the Winnebago Tribe of Nebraska or a person or entity that applies for a
License or Permit under the Winnebago Hemp Program.
“Cannabis” means the genus of flowering plants in the family Cannabaceae, of which Cannabis
sativa is a species, and Cannabis indica and Cannabis ruderalis are subspecies thereof and, for
purposes of this Hemp Code, refers to the plan where the delta-9 tetrahydrocannabinol
concentration on a dry weight basis has not yet been determined.
“Certified seed” means seed acquired from a certified seed dealer that has standards and
procedures approved by the United States Secretary of Agriculture to assure the genetic purity
and identity of the seed certified.
“Commercial sale” means the sale of a product in the stream of commerce at retail or wholesale,
including sales online.
“Commission” means the Winnebago Tribe of Nebraska’s Hemp Oversight and Licensing
Commission.
“Conviction” means any plea of guilty or nolo contendere, or any finding of guilt, except when
the finding of guilt is subsequently overturned on appeal.
“Corrective Action Plan” or “CAP” means a plan established by the Tribe to correct a negligent
violation, including (a) a date for correcting the negligent violation; (b) a requirement to
periodically report to the Tribe regarding compliance with this Hemp Code for at least the next
two (2) calendar years; and (c) that the Tribe shall conduct inspections to determine if a CAP has
been implemented.
“Criminal History Report” means the Federal Bureau of Investigation’s Identity History
Summary.
“Cultivate” or “cultivating” means planting, watering, growing, and harvesting a hemp plant or
crop.
“Culpable mental state greater than negligence” means to act intentionally, knowingly, willfully,
or recklessly.
“Decarboxylation” means the removal or elimination of a carboxyl group from a molecule or
organic compound.
“Delta-9 tetrahydrocannabinol” or “THC” is the primary psychoactive component of cannabis.
“Disposal” means an activity that transitions the non-compliant hemp into a non-retrievable or
non-ingestible form. Such activities include plowing, tilling, or disking plant material into the
soil; mulching, composting, chopping, or bush mowing plant material into green manure, burning
plant material, burying plant material into the earth and covering it with soil.
“Dry weight basis” is the ratio of the amount of moisture in a sample to the amount of dry solid in
a sample. Percentage of THC on a dry weight basis means the percentage of THC, by weight, in a
cannabis item (plant, extracts, or other derivative) after excluding moisture from the item.
“Farm Service Agency” or “FSA” is an agency within USDA that, among other things,
implements agricultural policy.
“GPS coordinates” means the latitude and longitude coordinates derived from a global
positioning system (“GPS”), a global system of navigational satellites used to determine the
precise ground position of a place or object.
3-2

June 2025

WINNEBAGO TRIBAL CODE
TITLE 8 ARTICLE 3

18.
19.

20.

21.
22.
23.

24.
25.
26.
27.
28.
29.
30.
31.

32.
34.
35.

“Global Positioning System (“GPS”) coordinates” means latitude and longitude coordinates
derived from a global positioning system.
“Handling” means possessing or storing hemp plants for any time period on premises owned,
operated, or controlled by a Licensee to cultivate or process hemp. Handling also includes
possessing or storing hemp plants in a vehicle for any time period other than during its actual
transport from the premises of a Licensee to the premises of another Licensee. Handling does not
include possessing, storing, or transporting finished hemp products.
“Hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds and all
derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or
not, with a total THC concentration of not more than 0.3% on a dry weight basis, or as otherwise
defined in federal law.
“Hemp product” means a finished product with the acceptable hemp THC level for hemp, that is
derived from, or made by, processing a hemp crop, and that is prepared in a form available for
commercial sale.
“Key participant” means a person or persons who have a direct or indirect financial interest in the
entity producing hemp. A key participant also includes persons in a corporate entity at executive
levels including a chief executive officer, chief operating officer, and chief financial officer.
“Law enforcement agency” means the Winnebago Tribe of Nebraska Police Department, United
States Drug Enforcement Administration (“DEA”), or other federal law enforcement agency or
drug suppression unit but does not include any state law enforcement agency except in those
cases where the Tribe and State have entered into a cross-deputization agreement.
“License” means a valid certificate, in a specified format prescribed by the USDA, issued by the
Winnebago Tribe of Nebraska to cultivate, handle, store, process, transport, or market hemp.
“Licensed hemp producer” or “Licensee” means the Winnebago Tribe of Nebraska or a person
licensed by the Tribe to cultivate hemp within the exterior boundaries of the Winnebago Indian
Reservation.
“Lot” means a contiguous area containing the same variety or strain of cannabis throughout the
area in a field, greenhouse, indoor growing structure, or buildings where hemp will be cultivated,
handled, stored, or processed, which can include a field name or building name.
“Lot identification” means the unique identifier established by an Applicant for each unique GPS
coordinates where hemp will be cultivated, handled, stored, or processed, which can include a
field name or building name.
“Measurement of Uncertainty (“MU”)” means the parameter associated with the result of a
measurement that characterizes the dispersion of the values that could reasonably be attributed to
the particular quantity subject to measurement.
“Negligence” means the failure to exercise the level of care that a reasonably prudent person
would exercise in complying with this Hemp Code.
“Permit” means a Tribally issued certificate that authorizes a Licensee to plant, cultivate, handle,
process, or store hemp, any part of hemp, or hemp products in a specifically described location.
“Person” means an individual who is an enrolled member of the Winnebago Tribe of Nebraska or
a partnership, corporation, limited liability company, association, postsecondary institution, or
other legal entity that is at least 51% owned by a member or members of the Winnebago Tribe of
Nebraska, or by the Winnebago Tribe of Nebraska.
“Plan” is the set of criteria under which the Tribe monitors and regulates hemp production.
33. “Process” or “processing” means to convert any portion of a hemp crop into a hemp
ingredient, hemp product, or other marketable form.
“Produce” is to grow hemp plants for the market or cultivation for the market in the United
States.
“Remediation” refers to the process of rendering non-compliant cannabis into a compliant form.
Remediation can occur by removing and destroying flower material while retaining stalk, stems,
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36.
37.

38.
39.
40.
41.

42.

leaf material, and seeds. Remediation can also occur by shredding the entire plant into a biomasslike material.
“Reservation” means the reservation of the Winnebago Tribe of Nebraska.
“Testing facility” means a DEA-registered laboratory that must include a validated testing
methodology that uses postdecarboxylation, including gas or liquid chromatography with
detection. The total THC concentration level shall be determined and reported on a dry-weight
basis. The registered laboratory may also be an accredited ISO/IEC 17025 facility, the standard
published by the International Organization for Standardization (the “ISO”) titled “General
requirements for the competence of testing and calibration laboratories”, or an accreditation
standard approved by the Winnebago Tribe of Nebraska.
“THC” means delta-9 tetrahydrocannabinol concentration.
“Tribal Court” means the courts of the Winnebago Tribe of Nebraska as established pursuant to
the Tribe’s Constitution and Bylaws and Tribal Code.
“Tribal Police” shall mean the Winnebago Tribe of Nebraska Tribal Police Department.
“Tribe” means the Winnebago Tribe of Nebraska, which is recognized as eligible by the United
States Secretary of the Interior for the special programs and services provided by the United
States to Indians because of their status as a federally recognized tribe and are recognized as
possessing powers of self-governance.
“Winnebago Hemp Program” or “Hemp Program” means the Winnebago Tribe of Nebraska
office, program, agency, commission, or department responsible for the oversight and
implementation of this Hemp Code as designated by the Winnebago Tribal Council. [TCR 19118, 20-136, 24-204]

8-306
Hemp Program. The Tribe hereby establishes the Winnebago Hemp Program as an
instrumentality of the Winnebago Tribe of Nebraska. The Hemp Program is under the directive of the
Hemp Oversight and Licensing Commission and may fulfill any and all obligations of the Tribe. In
carrying out its purposes, the Hemp Program shall function as an arm of the Tribe. [TCR 20-136, 24-204]
8-307
Hemp Oversight and Licensing Commission. There is hereby established a Hemp and
Licensing Commission of the Winnebago Tribe of Nebraska. The Commission shall be an agency of the
Tribe, subordinate to the Tribal Council, possessing all powers set forth in this Title 8, Article 3, and such
other powers as are now or hereafter determined by law:
1.

2.

3.

4.

5.

Appointment. The Commission shall consist of five (5) members. The Tribal Council shall
appoint a chairperson and a vice-chairperson. A minimum of three (3) members of this
Commission shall be members of the Tribe. All Commission members shall be over twenty-one
(21) years of age.
Terms. The initial members of the Commission: the chairperson shall serve for two (2) years and
the vice-chairperson shall serve for one (1) year. Each of the three (3) remaining members shall
be appointed to serve, respectively, one (1), two (2), and three (3) year terms. All subsequent
terms shall be three (3) years.
Vacancies. If any member of the Commission is removed by the Tribal Council, resigns, dies, or
for any other reason becomes unable to continue serving, the Tribal Council shall appoint a
person to fill such vacancy. This appointment shall be for the balance of the unexpired term of
the member being replaced.
Chairperson Authority. The Commission chairperson shall have supervisory authority over any
Commission personnel hired to assist the Commission with the requirements of the Hemp
Program. This authority shall include the authority to discipline any Commission personnel. The
decision on whether to retain or terminate a member of the Commission shall rest solely with the
Tribal Council.
Qualifications. No individual may be appointed to serve on the Commission who:
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a.
b.
6.

7.

8-308
1.
2.
3.
4.
5.

Has been convicted of a felony in any tribal, state, or federal jurisdiction; or
Has any financial interest in, or management responsibility for, any hemp industry
activity on or off the Reservation.
Powers and Duties of the Commission. The Tribal Council delegates to the Commission the
following powers:
a.
Issue Licenses and Permits consistent with a suitability determination;
b.
Comply with reporting and recordkeeping requirements;
c.
Inspect, examine, and monitor all hemp-related activities on the Reservation on an annual
basis;
d.
Enforce or cause to be enforced all Tribal laws, directives, rules, resolutions, and federal
laws specifically applicable to hemp-related activities on the Reservation;
e.
Impose and collect fees and/or penalties;
f.
Monitor compliance of Licensee(s) on a continuous basis;
g.
Notify the Tribal Council of any act of noncompliance or illegality;
h.
Grant, suspend, and revoke Licenses and Permits;
i.
Investigate activities and conduct of all Licensees;
j.
Administer corrective action plans for Licensees to correct a negligent violation;
k.
Supervise the destruction of all hemp crops that are to be destroyed or remediated
pursuant to this Hemp Code or federal law;
l.
Adopt policies to support the enforcement of this Hemp Code and applicable federal law
and regulations;
m.
Hire adequate staff and provide training and equipment to fulfill its responsibilities under
Hemp Code; and
Privileges and Immunities. When acting under the color of Tribal authority, the Commission
shall enjoy all the privileges and immunities of the Tribe, including sovereign immunity from
suits in the tribal, state, or federal courts.
a.
The Commission shall have no authority to waive the sovereign immunity of the Tribe or
any other Tribal entity;
b.
Nothing in the Hemp Code shall be deemed or construed to be a waiver of sovereign
immunity from suit;
c.
Nothing in the Hemp Code shall be deemed or construed as consent to the jurisdiction of
the United States, any state, or any other tribe regarding the business or affairs of the
Commission; and
d.
Notwithstanding any other provision herein, as an entity of the Tribe, the Commission’s
immunity from suit shall always be deemed a waiver for actions initiated by the Tribe.
[TCR 20-136, 24-204]
Hemp License Applications.
An Applicant who wishes to cultivate, process, handle, transport, or store hemp within the Tribe’s
jurisdiction must possess a valid License to do so.
The Commission shall determine the appropriate number of hemp Licenses. The Commission
shall adopt a uniform licensing application form and a process for approval or denial of Licenses.
Any business that provides products or services related to the hemp industry shall be organized
under the Winnebago Tribe of Nebraska’s Tribal Code.
A Licensee who has had a License terminated shall not be eligible to reapply to the program for a
period of five (5) years from the date of License termination.
Applicants must undergo a criminal background check as part of an application for licensing.
The Commission may require other background checks. When applying for a License, any
owners, directors, and managers with signature authority, must each submit to relevant
background checks.
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6.
8-309
1.

2.

3.
4.
5.
8-310
1.
2.

The Commission may collect fees that are reasonable in the processing of License applications.
Failure to pay the License fees will result in the denial of an application. [TCR 20-136, 24-204]
Hemp License Application Contents.
License applications shall include at a minimum:
a.
Applicant’s full name, residential address, telephone number, and e-mail address, if
available;
b.
If Applicant is a business entity, the full legal name of the business, employer
identification number (“EIN”) of the business, the principal business location address, the
key participants, the full name of the Applicant with signature authority, title, and e-mail
address;
c.
Documentation showing a valid ownership, tenancy, or other legal interest in the
proposed location;
d.
Street address, legal description, and GPS coordinates for each lot, greenhouse, or
building where hemp will be cultivated, handled, processed, or stored;
e.
Information regarding any other hemp cultivating or processing facility owned or
licensed by Applicant that is licensed in any other jurisdiction;
f.
Proof of insurance that includes worker’s compensation insurance and general liability
insurance; and
g.
Business and operations plan that includes:
i.
Proposed acreage or indoor square footage to be planted or used for processing;
ii.
Description of facility proposed and the number of employees;
iii.
Name of proposed facility manager;
iv.
Security plan with security system(s) and lighting plan showing outside lighting,
and centrally alarmed and monitored security system service agreements;
v.
List of pesticides and chemicals proposed for use;
vi.
Description and plan of all equipment and methods employed to stop any impact
to adjacent uses including assurances of no odor detected from outside the
location;
vii.
Disposal plan of hemp and related by-products;
viii.
Statement of previous farming experience; and
Planned source of seeds.
ix.
Any application missing the required information shall be subject to denial. The Commission
shall notify the Applicant via e-mail. If an application is not corrected or supplemented within
thirty (30) calendar days after the Commission’s notification to the Applicant, the Commission
shall deny the application.
The Commission shall notify Applicants by letter or e-mail whether the application has been
conditionally approved or denied. If the Commission sends a letter to the Applicant, it will be to
the address listed on the application.
A License is valid for one (1) year from the date of issuance by the Winnebago Hemp Program.
Licenses are non-transferable and are not permitted for resale.
A Licensee seeking to renew their License upon expiration must submit a new License
application and undergo a new nationwide criminal background check. [TCR 20-136, 24-204]
Other Licensing Requirements and Restrictions.
An individual Licensee, or key participant if the Licensee is a business, must be (a) at least
nineteen (19) years of age; and (2) an enrolled member of the Winnebago Tribe of Nebraska.
Licensees must comply with all applicable requirements under the Winnebago Tribe of Nebraska
Tribal Code, including, but not limited to, business registration, taxation, and zoning laws.
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3.
4.

5.

8-311
1.

2.

3.

8-312
1.

Licensees shall not engage in any activity permitted under this Hemp Code within 100 feet of a
school or other location primarily populated by minors, except as is necessary for the
transportation of hemp or hemp products within the boundaries of the Reservation.
A Licensee may not, in connection with their License, employ or partner with any person who has
been convicted of a felony related to a controlled substance under tribal, state, or federal law, or
who would otherwise be ineligible from participating in the Winnebago Hemp Program in
accordance with this Plan.
Any individual Licensee, including a key participant if the Licensee is a business, with a state or
federal felony conviction relating to a controlled substance is subject to a ten (10) year
ineligibility restriction on receiving a License under this Hemp Code from the date of the
conviction. An exception applies to a person who was lawfully growing hemp under the 2014
Farm Bill before December 20, 2018, and whose conviction also occurred before that date. Any
producer growing hemp lawfully with a license, registration, or authorization under a pilot
program authorized by 7 U.S.C. § 5940 before October 31, 2019, shall be exempted from this
section. [TCR 24-204]
Lot Permits.
As a component of the License application, each Applicant shall submit a site registration
application for a Permit. A Permit is required for each lot where hemp is cultivated, handled,
processed, or stored. The Commission shall adopt a uniform permitting application and process
for approval or denial of location Permits. Permits may only be issued to Licensees. No Licensee
shall have the expectation of privacy with respect to any location site that is issued a Permit.
Licensees, whether present or not, shall allow representatives of the Commission, Tribal Police,
and/or federal law enforcement agencies access to the location site with or without cause and with
or without advance notice. The Hemp Program may collect fees that are reasonable to process
location Permit applications and location site modifications. Non-payment of fees shall result in
an application for a Permit to be denied.
The site registration application shall include, at a minimum:
a.
The street address and legal description of each lot, greenhouse, or building where hemp
is produced;
b.
If hemp is produced or is intended to be produced in a lot:
i.
GPS coordinates at the approximate center of the lot;
ii.
Number of square feet or acres of each lot;
iii.
And a map of the production area showing clear boundaries of the lot.
c.
If hemp is produced or is intended to be produced in a greenhouse or other building:
i.
GPS coordinates at the approximate center of the greenhouse or building;
ii.
Approximate dimension or square feet of the greenhouse or building; and
iii.
A map of the production area showing clear boundaries of the greenhouse or
building.
A Permit is valid for one (1) year from the date of issuance by the Hemp Program but shall expire
upon the date of the Licensee’s License if terminated or not renewed. Permits are nontransferable and are not permitted for resale. [TCR 20-136, 24-204]
Reporting and Recordkeeping.
The Hemp Program’s reporting and record retention requirements are, at a minimum, as follows:
a.
Retain information about locations including the legal description, and lot identification
information for every location where the Winnebago Hemp Program has approved hemp
to be cultivated for a period of three (3) years;
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b.

2.

3.

4.

5.

6.

7.

Retain information about approved cultivating, processing, handling, and storage
locations to share with the Tribe, Tribal Police, and other law enforcement agencies
whose representatives request registered lot information, including the legal descriptions
and GPS coordinates for a period of three (3) years;
c.
Retain all applications for licensure, grants and denials of Licenses, receipt of fees,
distribution of fees, and revenues to the Tribe for a period of three (3) years;
d.
Submit a quarterly report to the Tribal Council summarizing the Winnebago Hemp
Program’s official actions, activities, investigative reports, and reports received about any
hemp business; and
e.
Submit to the USDA, by the first of each month, a report providing the contact
information, and the status of the License or other authorization issued for each producer
covered under this Hemp Code.
Reports required of the Hemp Program shall be submitted to the USDA via its online information
sharing system, Hemp eManagement Platform (“HeMP”), or other such system as required by the
USDA. Reports required of Licensees to the FSA shall be submitted to and in a form prescribed
by the applicable local office, and to the Winnebago Hemp Program in a form and method
prescribed by the Commission.
Not more than thirty (30) days after receiving and compiling the following information, the Hemp
Program shall submit to the Agricultural Marketing Service (“AMS”)/USDA by the first of each
month the Tribal Hemp Production Report providing the contact information and the status of the
License or other authorization issued for each Licensee, whether an individual or an entity:
a.
The Licensee’s full legal (and common) name;
b.
The Licensee’s telephone number, e-mail address, residential or business address,
mailing address, or another form of contract information;
c.
The lot identification for each field, facility, or other place where hemp is licensed to be
cultivated;
d.
The License number issued by the Hemp Program;
e.
Whether the Licensee’s License is in good standing; and
f.
The Licensee’s EIN if Licensee is a business.
No later than December 15 of each year, the Hemp Program shall submit to the AMS/USDA an
annual report containing the following information:
a.
Total planted acreage;
b.
Total harvested acreage; and
c.
Total acreage disposed of and remediated.
A Licensee shall report their hemp crop acreage to the FSA. The Licensee must provide, at a
minimum:
a.
Street address and GPS coordinates for each lot or greenhouse where hemp will be
produced;
b.
Acreage and indoor square footage dedicated to the production of hemp; and
c.
License identification. The Licensee will submit the FSA 578 form to the Winnebago
Hemp Program within thirty (30) days of submission to the FSA.
A Licensee shall submit a complete and current Planting Report form to the Winnebago Hemp
Program within fifteen (15) days after every planting, including replanting, of seeds or propagules
in an outdoor lot. Each Report shall identify:
a.
The correct variety name of seeds as designated upon approval of an acquisition request
or as approved by the Winnebago Hemp Program;
b.
The Lot identification as listed in the Licensee’s application; and
c.
The primary intended use of the harvest for each planting.
A Licensee who does not plant hemp in an approved outdoor lot listed in the Licensee’s
application shall submit a Planting Report on or before May 31, stating that hemp has not been
and shall not be planted at that location.
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8.

9.

10.

11.

8-313
1.

2.

3.
4.

5.

6.

A Licensee shall submit a complete and current Greenhouse/Indoor Planting Report form to the
Hemp Program within fifteen (15) days after establishing plants at an indoor location. Each
Report shall identify:
a.
The correct variety name of seeds as designated upon approval of an acquisition request
or as approved by the Winnebago Hemp Program;
b.
The lot identification as listed in the Licensee’s application; and
c.
The primary intended use of the harvest for each planting.
In addition to the initial Greenhouse/Indoor Planting Report, a Licensee with an approved
greenhouse or indoor growing location Permit shall submit quarterly reports for each lot
identification to the Winnebago Hemp Program. These reports are due no later than March 31,
June 30, September 30, and December 31. All required forms, reports, and records submitted to
the Tribe shall be kept for a minimum of three (3) calendar years. Licensees and the Winnebago
Hemp Program are each responsible for storing such records.
A Licensee shall submit a complete and current Harvest/Destruction Report form to the Hemp
Program at least thirty (30) days prior to the intended harvest date or intended destruction date of
a failed crop. The harvest must occur within thirty (30) days or a new compliance sample must
be pulled and tested.
For the purpose of information sharing with law enforcement, the Winnebago Hemp Program
shall collect the following information to provide to the Secretary of Agriculture:
a.
The contact information for each Licensee;
b.
A legal description of the land on which hemp is cultivated by each Licensee; and
c.
For each Licensee, the status of their License or other required authorization from the
Tribe; and
d.
Any changes to the status. [TCR 20-136, 24-204]
Sampling and Testing.
Hemp cultivated from each registered lot must be tested for THC concentration prior to harvest
by a DEA-registered testing facility at the Licensee’s expense. A Licensee shall not remove a
harvest from a lot that has not been sampled and tested for compliance with the allowable THC
concentration levels on a dry weight basis.
A Licensee must arrange for a trained sampling agent to collect samples from the top 5-8 inches
of flower material from the cannabis plants and ensure the sampling of each lot occurs no more
than thirty (30) days prior to harvest for the purpose of determining that the harvest does not
exceed allowable THC concentration levels on a dry weight basis.
Except for samples collected by the Hemp Program for auditing and inspection purposes, all
samples collected to determine compliance with this Hemp Code shall be collected by a trained
sampling agent.
Sampling agents will be trained using the USDA’s Sampling Agent Training course and
Refresher course or through a training program created by the Hemp Program. A list of trained
sampling agents will be made available to Licensees by email or other notification. Sampling
agents shall have complete and unrestricted access to any lot, registered land area, or facility used
for hemp production and handling during normal business hours.
The USDA’s Sampling Guidelines for hemp Issued January 15, 2021, are incorporated herein by
reference and shall act as the sampling protocols for trained sampling agents under this Hemp
Code. The USDA’s Guidelines for Testing issued January 15, 2021, are incorporated herein by
reference and shall act as the testing protocols under this Hemp Code.
The method used for sampling must ensure that the flower material sample is collected that
represents a homogeneous composition of the lot. Samples of hemp plant material from one lot
shall not be commingled with hemp plant material from other lots. During a scheduled sample
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7.

8.
9.

10.

8-314
1.

2.

collection, the Licensee or an authorized representative of the Licensee shall be present at the
registered lot.
Compliance testing for hemp cultivated under this Hemp Code shall be conducted by testing
facilities registered by the DEA and may also have an ISO/IEC 17025 accreditation, the standard
published by the International Organization for Standardization. The testing procedure must
include a validated testing methodology that uses postdecarboxylation. The testing methodology
must consider the potential conversion of delta-9 tetrahydrocannabinolic acid (“THC-A”) in
hemp into THC and the test result measures the total available THC derived from the sum of the
THC and THC-A content. Testing methodologies include gas or liquid chromatography with
detection. The total THC concentration level shall be determined and reported on a dry-weight
basis.
The Commission shall create and maintain a list of approved testing facilities.
The test results shall identify the lot identification and be certified directly to the Winnebago
Hemp Program by the testing facility prior to harvest. Each Licensee must ensure the laboratory
conducting the test of the sample reports the test results for all samples tested to the USDA. If a
laboratory consistently fails to provide compliance testing results to the USDA or the Hemp
Program, Licensees will be instructed that compliance tests will no longer be accepted from that
laboratory under the Hemp Program. For each sample tested pursuant to this Hemp Code, the
Licensee shall obtain a certificate of analysis from a testing facility that includes, at a minimum:
a.
License number of the Licensee;
b.
Full legal name of the Licensee;
c.
Address of the Licensee;
d.
Lot identification number for the sample;
e.
Information identifying the hemp as a sample tested by the laboratory and provided by
the Licensee;
f.
Name of the laboratory;
g.
DEA registration number of the laboratory for testing;
h.
The report date and dates the hemp was sampled, and tested, and the testing methodology
used to analyze the sample;
i.
The THC concentration levels contained in the sample;
j.
Identification of a pre-harvest or remediation test; and
k.
A statement indicating whether the sample contained a THC concentration level more
than the acceptable hemp THC levels, including MU.
The Hemp Program must promptly notify the USDA, either via HeMP or electronic or certified
mail, of any samples from a registered lot that do not meet the definition of hemp and a record
demonstrating the disposal of all plants and materials from the sampled lot.
[TCR 20-136, 24-204]
Annual Inspections of a Random Hemp Sample.
The Tribal Police and the Winnebago Hemp Program shall have the authority to conduct random
inspections of Licensees and all Permits to verify compliance with all requirements of the License
issued. Inspection may include sampling by the Hemp Program’s inspectors for testing to
determine THC concentration levels in hemp or hemp products or any other Tribally defined
purpose. Inspections may be conducted at any time during regular business hours. Inspectors
shall be granted unrestricted access to the site.
All samples collected by the Hemp Program’s inspectors shall become property of the Tribe and
no compensation shall be owed by the Tribe for such samples. The Winnebago Hemp Program
shall keep test results for all hemp and hemp products tested for a minimum of three (3) years.
Testing of hemp shall be conducted pursuant to standards adopted by the Hemp Program using
post-decarboxylation for the testing of total delta-9 THC concentration.
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3.

The Hemp Program will conduct at least one (1) random inspection per year but may conduct
additional inspections based on the number of Licensees. The random inspection may be an
onsite inspection of Permitted locations, desk audit inspection of records, or upon a report of
hemp being cultivated without a license or permit. [TCR 24-204]

Transporting Hemp. The following requirements apply to the transportation of hemp within
8-315
or through the exterior boundaries of the Reservation:
1.

2.
3.

4.

5.

6.
8-316
1.

Except as provided in subsection (c) of this section, any Licensee, USDA-licensed hemp
producer, or state-program-licensed hemp producer transporting hemp shall carry with the hemp
being transported a copy of the License, USDA license, or state program license under which the
hemp was cultivated and a copy of the test results pertaining to each lot of hemp being
transported.
Licensees must provide no less than one (1) hour’s written notice to the Hemp Program of the
Licensee’s intended transportation of hemp within or through the Reservation. The Hemp
Program may permit a shorter time frame for providing such notice on a case-by-case basis.
Licensees shall maintain a record of shipments of hemp shipped from or received by any
Licensee, USDA-licensed hemp producer, or state-program-licensed hemp producer. Such record
shall, for each shipment of hemp, indicate the date of shipment, identify the point of origin and
destination, identify the name of the person sending and receiving the shipment, and include the
vehicle identification number of the vehicle transporting the hemp.
Licensees shall not be required to carry a copy of the test results relating to such hemp as
provided in subsection (a) of this section if such Licensee carries with the hemp being transported
a copy of the License and is transporting:
a.
Hemp between two permitted lots under the Licensee’s License;
b.
Samples of hemp for testing to determine the THC level; or
c.
Live hemp plants to a permitted lot under the Licensee’s License prior to cultivating such
hemp plants.
Any person who is carrying or transporting hemp who is not a Licensee, USDA-licensed hemp
producer, or state-program-licensed hemp producer shall only carry or transport hemp if such
hemp meets the following requirements:
a.
The hemp is carried or transported with a bill of lading stating the owner of the hemp, the
point of origin of the hemp, and the destination of the hemp;
b.
The hemp is carried or transported with a copy of the valid License, USDA license, or
state program license under which the hemp was cultivated;
c.
The hemp is carried or transported with a copy of the test results pertaining to each lot of
hemp being transported; and
d.
The hemp is not unloaded or in any way removed from the vehicle transporting such
hemp unless authorized by Tribal Police enforcement.
No person shall transport or carry hemp within or through the exterior boundaries of the
Reservation concurrently with any other plant material that is not hemp. [TCR 24-204]
Crop Destruction and Remediation.
Hemp that contains a higher THC concentration than the acceptable hemp THC level shall be
subject to disposal or remediation by the Licensee in accordance with this Hemp Code and all
applicable federal, tribal, state, and local laws, regulations, rules, and other requirements. All
plants in the lot shall either be remediated to bring the lot under the acceptable hemp THC
concentration level, or all plants shall be disposed of in a manner that renders it non-retrievable.
Lots tested and not certified by the DEA-registered laboratory at or below the acceptable hemp
THC level may not be further handled, processed, or enter the stream of commerce.
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2.
3.

4.

5.
6.

7.
8.
9.

If hemp contains a higher THC concentration level than the acceptable hemp THC level, the
harvest shall be promptly disposed of or remediated by the Licensee at the growing location.
Disposal of non-compliant hemp plants may be accomplished by performing any one or
combination of the following on-farm activities:
a.
Plowing under;
b.
Mulching/composting;
c.
Disking;
d.
Bush mowing;
e.
Deep burial; and
f.
And burning.
Remediation of non-compliant hemp plants may be accomplished by:
a.
Separating and destroying non-compliant flowers, while retaining stalks, leaves, and
seeds;
i.
Under this method, Material retained after floral destruction must be retested for
compliance. Seeds saved from remediation shall not be used for propagative
purposes; or
b.
Shredding the entire hemp plant to create “biomass”;
i.
Under this method, all flowers, buds, trichomes, leaves, stalks, seeds, and all
plant parts from a lot should be chopped or shredded in such a way as to create a
homogenous, uniform blend of the lot called “biomass.” Lots should be kept
separate and not be combined during this process. This biomass shall be
resampled and retested to ensure the biomass material tests within an acceptable
THC concentration level before it may enter the stream of commerce in
accordance with §990.3(d) and §990.27(c). If the biomass tests above the
acceptable THC concentration level is non-compliant hemp and must be
destroyed through one of the disposal options provided herein. Seeds saved from
remediation shall not be used for propagative purposes.
Licensees shall have fourteen (14) calendar days from the date of notification of test results
higher than the acceptable hemp THC level to contact the Hemp Program in writing and apply for
retesting or propose disposal or remediation.
All non-compliant hemp plant material and hemp products derived therefrom must be remediated
or disposed of in a manner approved and verified by the Tribe and in accordance with federal law.
Verification may include in-person disposal verification by a law enforcement agency, Tribal
representatives, the Hemp Program staff, or alternative requirements that direct Licensees to
provide pictures, videos, or other proof that disposal occurred successfully.
Hemp subject to di

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Awinnebago%3Accbbe6da275057db. Public record. Not legal advice.