Subchapter 1 - General Provisions | Mille Lacs Band of Ojibwe

Section

2001. Definitions.
2002. Powers of Commissioner of Natural Resources.
2003. Duties of Commissioner of Natural Resources.
2004. Geographical Restriction of Regulations.
2005. Off-Reservation Regulations.
2006. Orphan Animals.
2007. Taking for Religious or Ceremonial Purposes.
2008. Medicinal Plants.

§ 2001. Definitions.

As used in this chapter, the following terms shall have the meanings given to them in this section:

(a) “Band Fishing License” means a license issued by the Commissioner of Natural Resources to a member of the Mille Lacs Band of Chippewa, which license authorizes him to fish in accordance with the provisions of this chapter.
(b) “Band Hunting License” means a license issued by the Commissioner of Natural Resources to an enrollee of the Mille Lacs Band of Chippewa Indians, which license authorizes him to hunt or trap in accordance with the provisions of this chapter.
(c) “Band Ricing License” means a license issued by the Commissioner of Natural Resources to an enrollee of the Mille Lacs Band of Chippewa Indians, which license authorizes him to gather wild rice in accordance with the provisions of this chapter.
(d) “Big Game” means deer, bear, elk and moose.
(e) “Closed Season” means the period during which protected wild animals may not be taken.
(f) “Commercial Fishing Permit” means a permit issued by the Commissioner of Natural Resources to a Mille Lacs Band of Chippewa Indians enrollee under 11 MLBS § 2114.
(g) “Commercial Purposes” means the taking of fish for barter or sale.
(h) “Commercial Taking” means the taking of big game, small game or fur bearing animals for the purpose of barter or sale of furs, pelts, hides or the flesh of such animals.
(i) “Elderly” means Band member or non-Band member who is enrolled in a federally recognized tribe, shall be defined as one who has attained the chronological age of fifty-five (55).
(j) “Firearm” means any rifle, muzzleloader, shotgun, handgun, or other type of weapon which will or is designed to or may readily be converted to expel a shot or projectile by means of an explosive, gas, or compressed air; the frame or receiver of any such weapon; or any firearm silencer.
(k) “Firearm Silencer” means any device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a firearm silencer, and any part intended only for use in such assembly or fabrication.
(l) “Fur Bearing Animals” mean beaver, mink, marten, raccoon, fisher, fox, wolf, muskrat and otter.
(m) “Game Fish” include brook trout, brown trout, crappie, grayling, lake trout, large mouth bass, muskellunge, northern pike, rainbow trout, rock bass, sauger, small mouth bass, sturgeon, sunfish and walleye.
(n) “Migratory Birds” mean any bird, whatever its origin and whether or not raised in captivity, which belongs to a species listed in 50 C.F.R. section 10.13, or which is a mutation or a hybrid of any such species, including any part, nest, or egg of any such bird, or any product, whether or not manufactured, which consists or is composed in whole or in part of any such bird or any part, nest or egg thereof.
(o) “Mille Lacs Reservation” means all land within the exterior boundary described in the Treaty of 1855, to wit: "the following fractional townships, viz: forty-two north, of range twenty-five west; forty-two north, of range twenty-six west; and forty-two and forty-three north, of range twenty-seven west; and also, the three islands in the southern part of Mille Lacs, exterior boundary of Sandy Lake Reservation as described in the Treaty of 1855, all contiguous waters, and all other trust properties under the jurisdiction of the Mille Lacs Band, its enrolled members, and of the Minnesota Chippewa Tribe and delegated to the Non-Removable Mille Lacs Band of Chippewa Indians."
(p) “Motor Vehicle” means self-propelled motor driven vehicles.
(q) “Non-Band Fishing License” means a license issued by the Commissioner of Natural Resources to any member of a federally recognized Tribe who is not enrolled in the Mille Lacs Band of Chippewa Indians, which license authorizes him to fish in accordance with this chapter.
(r) “Non-Band Hunting License” means a license issued by the Commissioner of Natural Resources to any member of a federally recognized Tribe who is not enrolled in the Mille Lacs Band of Chippewa Indians, which license authorizes him to hunt in accordance with this chapter.
(s) “Non-Band Ricing License” means a license issued by the Commissioner of Natural Resources to a member of a federally recognized Tribe who is not enrolled in the Mille Lacs Band of Chippewa Indians which license authorizes him to gather wild rice in accordance with this chapter.
(t) “Non-Game Fish” include buffalo fish, burbot, bullheads, carp, catfish, coho, dogfish, gar, quillback, perch, sheephead, suckers, tulibee, and whitefish.
(u) “Non-Indian Fishing License” means a license issued by the Commissioner of Natural Resources to anyone who is not eligible for a license under 11 MLBS § 2101 or 2107, which authorizes such person to fish in accordance with this chapter.
(v) “Non-Indian Hunting License” means a license issued by the Commissioner of Natural Resources to anyone who is not eligible for a license under 11 MLBS §§ 2201 or 2208, which authorizes such person to hunt in accordance with this chapter.
(w) “Non-Indian Ricing License” means a license issued by the Commissioner of Natural Resources to anyone who is not eligible for a license under 11 MLBS §§ 2301 or 2303, which authorizes such person to gather wild rice in accordance with this chapter.
(x) “Non-Removable or Mille Lacs Band of Chippewa” shall be the duly constituted and successor tribal government of the Mille Lacs Band.
(y) “Open Season” means the period during which wild animals may be taken.
(z) “Paddy Rice” means that wild rice crop grown in artificially constructed paddies.
(aa) “Personal Use” means the taking of fish for any purpose other than commercial purposes.
(bb) “Possession” means both actual and constructive possession and any control of the things referred to.
(cc) “Protected Wild Animals” shall include all wild animals which are accorded some measure of protection in the name or manner of taking.
(dd) “Small Game” means all wild animals and birds not defined as big game or fur bearing animals or game or non-game fish.
(ee) “Special Permit” means a permit issued by the Commissioner of Natural Resources, or his designee, exempting the recipient from one or more of the regulations contained herein, upon a finding by him that granting of the exemption will not endanger the resource.
(ff) “Taking” or “Hunting” shall include pursuing, shooting, killing, capturing, trapping, snaring and netting wild animals and all lesser acts such as intentionally disturbing, harrying, worrying or placing, setting drawing, using any net, trap or other device to take wild animals, and includes every attempt to take, every act of assistance to any other person in taking or attempting to take wild animals.
(gg) “Transport” or “Transportation” means carrying or moving by any instrumentality, attempting to do so, or accepting or receiving wild animals for transportation or shipment.
(hh) “Wild Animals” means all living creatures, not human, wild by nature, endowed with sensation and power of voluntary motion, and includes quadruped, mammals, birds, fish, amphibious reptiles, crustaceans and mollusks.
(ii) “Wild Rice” means that rice crop which grows naturally or as a result of reseeding in the natural lakes and waters, including lakes resulting from flood control structures, of the Mille Lacs Band of Chippewa Indians.

Historical and Statutory Notes

Source:
Band Statute 1162-MLC-50, § 2.
Band Act 70-24.

Cross References
Game violations, criminal offenses, see 24 MLBS § 1256.
"Wetland" defined, see Nat. Res. Comm. Order 162-92.

§ 2002. Powers of Commissioner of Natural Resources.

The Commissioner of Natural Resources shall have powers of regulation over all matters of land, air, water, environmental protections and anything and everything related to the conservation and protection of natural resources under the jurisdiction of the Mille Lacs Band of Chippewa Indians.

(a) He shall have power to open and close all seasons for hunting, fishing, trapping, and the gathering of wild rice by the issuance of a Commissioner's order with the concurrence of the Spiritual Advisor on all matters related to his duties.
(b) He shall be responsible for the development of a natural resource management plan and certify to the feasibility of all economic development plans which involve the natural resources with the concurrence of the Spiritual Advisor.
(c) He shall have the power to make any and all regulations for the taking, possession and transportation of wild animals, fish, bird or grain from trust territory under the jurisdiction of the Band.
(d) The Commissioner shall not possess authority over law enforcement officials under the jurisdiction of the Band.
(e) The Commissioner may do all things deemed by him as desirable in the preservation, protection and propagation in their natural state of all desirable species of wild animal, bird, or fish upon the concurrence of the Spiritual Advisor.
(f) The Commissioner shall have the power to acquire through gift, lease, purchase, in the name of the Band, lands or any interest in lands deemed suitable for the future interests of the Band.
(g) He shall have power to negotiate contracts in the furtherance of natural resource development within the jurisdiction of the Band.
(h) He shall have authority to secure funds from the government of the United States or any private foundation for the purpose of fulfilling his legal mandate.
(i) He shall be a member of the Administration Policy Board.

Historical and Statutory Notes

Source:
Band Statute 1162-MLC-50, § 3.

Cross References
Buck hunting season, see 11 MLBS § 2213.
Commercial fishing regulations, see 11 MLBS § 2115.
Doe hunting season, see 11 MLBS § 2212.
Elk or moose season, see 11 MLBS § 2215.
Fishing seasons, see 11 MLBS § 2107.
Fur bearing animal season, see 11 MLBS § 2216.
Hunting and trapping seasons, generally, see 11 MLBS § 2228.
Migratory birds, regulatory authority, see 11 MLBS § 2285.
Off reservation regulations, see 11 MLBS §§ 2004, 2005.
Small game hunting season, see 11 MLBS § 2209.

§ 2003. Duties of Commissioner of Natural Resources.

The Commissioner of Natural Resources shall perform all duties and responsibilities and shall exercise all authority delegated to him by the Mille Lacs Band of Chippewa Indians by this chapter, including, but not limited to:

(a) Issuance of all Band licenses and permits authorized by this chapter.
(b) Proposal of amendments to this chapter and adoption of additional regulations by Commissioner's Order as found necessary.
(c) Setting of seasons where none are specifically provided, closing or shortening existing seasons when necessary for the preservation of the resource, or extending or opening seasons when it is determined that it will not harm the resource.
(d) Setting limits on the manner or amount of taking of fish, game, or wild rice, when necessary for the conservation of the resource, or altering limits specifically provided by these regulations.
(e) Waiving the fee for issuance of any license or permit authorized by this chapter to elderly Band members and elderly non-Band members who are enrolled in a federally recognized tribe.
(f) Reviewing on an annual basis or more frequently the numbers of each type of permit or license outstanding, with particular emphasis on any commercial permits or specific permits which may be outstanding, to determine whether or not it is in the best interests of conservation to continue such licenses.
(g) Keeping and maintaining an up-to-date and accurate list of all persons to whom each type of permit and license has been issued.
(h) Revocation of any permit or license authorized by these regulations upon conviction of any violation of the Conservation Code of this or any other Minnesota Chippewa Tribe Reservation.

Historical and Statutory Notes

Source:
Band Statute 1162-MLC-50, § 3.01.

§ 2004. Geographical Restriction of Regulations.

All sections of the Mille Lacs Band Statutes Annotated and all Commissioner's Orders issued thereunder pertaining to fishing, spearing, netting, hunting, trapping, or ricing which do not by their terms apply to the off-reservation ceded territory as described by 2 MLBS § 107, apply only to activities undertaken on the Mille Lacs Reservation as defined by 11 MLBS § 2001(n).

Historical and Statutory Notes

Source:
Band Statute 1162-MLC-50, § 4.60.

§ 2005. Off-Reservation Regulations.

The Commissioner of Natural Resources is delegated the authority to promulgate by Commissioner's Order regulations controlling member fishing, spearing, netting, hunting, trapping, and ricing in the off-reservation territory as described by 2 MLBS § 107.

Historical and Statutory Notes

Source:
Band Statute 1162-MLC-50. § 4.61.

Cross References
Migratory bird hunting off reservation, memorandum agreement with U.S. Fish and Wildlife Service, see Nat. Res. Comm. Order 144-90.
Taking fish by angling off of tribal lands, see Nat. Res. Comm. Order 171-93.

§ 2006. Orphan Animals.

Any live wild animal captured by any person and which is too young, too injured, or too ill to reasonably be expected to survive if left uncared for and which cannot lawfully be killed under this chapter or any Commissioner's Order issued hereunder, shall be deemed to be under the protection of the Band and shall be reported by the finder within 24 hours of capture to the Commissioner of Natural Resources. The Commissioner shall determine the proper disposition of the animal which may include but is not limited to placement with the finder, placement with another individual or agency, return to the wild, or killing.

Historical and Statutory Notes

Source:
Band Statute 1162-MLC-50, § 13.

Cross References
Possession of live migratory game birds, see 11 MLBS § 2274.

§ 2007. Taking for Religious or Ceremonial Purposes.

Any Band member may apply for a permit, on forms prescribed by the Commissioner of Natural Resources, to take for religious or ceremonial purposes any plant or animal which it would be otherwise unlawful to take under this chapter or any Commissioner's Order issued hereunder. A permit for such taking, specifying the name and other identifying information of the permittee, the species to be taken, the sex of any animal to be taken, the locality where the taking is permitted, the dates upon which the taking is permitted, and other information deemed pertinent by the Commissioner of Natural Resources, may be issued by the Commissioner upon receipt of a completed application form and approval of the Elderly Advisory Board, the Chief Executive of the Band, and the Commissioner. No such permits may be granted if the Elderly Advisory Board determines that no bona fide religious or ceremonial purpose would be served by the taking, if the Chief Executive determines that the general interests of the tribe would be injured by the taking, or if the Commissioner determines that conservation interests would be injured by the taking.

Historical and Statutory Notes

Source:
Band Statute 1162-MLC-50, § 15.

Cross References
Endangered species, use for religious purposes, see Nat. Res. Comm. Order 84-88.

§ 2008. Medicinal Plants.

Individual members may take naturally occurring plants for medicinal purposes without a permit.

Historical and Statutory Notes

Source:
Band Statute 1162-MLC-50, § 15.01.