Part
A. General Provisions
B. Migratory Birds
PART A
GENERAL PROVISIONS
Section
2201. Band License.
2202. Non-Band License.
2203. Non-Indian License.
2204. License Fees.
2205. Minnesota Licenses.
2206. Constructive Knowledge.
2207. License Required.
2208. Rare and Endangered Species.
2209. Small Game Season.
2210. Specified Small Game Bag and Possession Limits.
2211. Big Game Bag Limits.**
2212. Season for Does.
2213. Season for Bucks.
2214. Deer Tags.
2215. Elk and Moose.
2216. Season for Furbearers.
2217. Furbearer Tags.
2218. Shipment of Furs.
2219. Personal Use of Hides or Pelts.
2220. Commercial Hunting and Trapping.
2221. Motor Vehicles.
2222. Night Hunting; Shining.
2223. Populated Areas.
2224. Firing Down or Across Roads.
2225. Permit Required.
2226. Minors.
2227. Possession of Untagged Big Game.
2228. Hunting and Trapping Seasons.
§ 2201. Band License.
Every enrollee of the Mille Lacs Band of Chippewa Indians who hunts or traps within the Mille Lacs Reservation must have in his or her possession a proper Band hunting license. This license must be in his or her possession at all times when carrying firearms within the Reservation, shooting, trapping or taking within the Reservation any small game, big game or fur bearing animals, or when possessing or transporting any place in the United States any small game, big game or fur bearing animal lawfully taken within the Reservation.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 7.
§ 2202. Non-Band License.
If the Commissioner of Natural Resources determines that it is in the best interests of the Mille Lacs Band of Chippewa Indians, he may issue a non-Band hunting license to any Indian enrolled in a federally recognized Tribe who is not enrolled with the Mille Lacs Band. Such license must be in the possession of any such person who carries firearms on the Reservation or who shoots, traps or takes within the Reservation any small game, big game or fur bearing animal or who possesses or transports any place in the United States any small game, big game or fur bearing animal lawfully taken within the Reservation.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 7.01.
§ 2203. Non-Indian License.
If the Commissioner of Natural Resources determines that it is in the best interests of the Mille Lacs Band of Chippewa Indians, he may issue non-Indian hunting licenses in numbers determined by him to be suitable. The Commissioner may also, by Commissioner's Order, establish resident and nonresident classes of non-Indian license. Any license issued under this section must be in the possession of the person to whom issued when carrying firearms on the Reservation or when shooting, trapping, or taking within the Reservation any small game, big game or fur bearing animal or when possessing or transporting any place in the United States any small game, big game or fur bearing animal lawfully taken within the Reservation.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 7.02.
§ 2204. License Fees.
Fees may be charged in the discretion of the Commissioner of Natural Resources for the issuance of licenses required under 11 MLBS §§ 2201 and 2202. The Commissioner of Natural Resources may charge a higher fee for the issuance of a non-Band license than for a Band hunting license. The Commissioner may also in his discretion charge a greater fee for a non-Indian hunting license than for a Band hunting license and may charge different fees and establish different conditions and different numbers of resident and nonresident classes of non-Indian licenses.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 7.03.
§ 2205. Minnesota Licenses.
No Indian shall be required to purchase or possess a Minnesota big game, small game or trapping license when engaged in hunting or trapping of game within the Mille Lacs Reservation or when possessing or transporting game, lawfully taken, anywhere within the United States.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 7.04
§ 2206. Constructive Knowledge.
All regulations regarding the taking, possessing or transportation of small game, big game and fur bearing animals adopted in this statute are subject to amendment on an annual basis by the Commissioner of Natural Resources and all persons accepting Band, non-Band or non-Indian licenses shall be deemed to know of any such modifications, whether or not the licensee has actual knowledge.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 7.05.
§ 2207. License Required.
Possession of a valid Band hunting license or non-Band hunting license shall be required for the taking, possession or transportation of all big game, small game and fur bearing animals.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 7.06.
§ 2208. Rare and Endangered Species.
There shall be no taking, possession or transportation whatsoever of bald eagle, elk, golden eagle, timber wolf or any species determined by the Commissioner of Natural Resources to be rare or endangered.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 7.07.
Cross References
Endangered and threatened species, see Nat. Res. Comm. Order 37-86.
§ 2209. Small Game Season.
The small game season shall be September 1 to and including March 1. There shall be no limitation as to the season, number or manner of taking of rabbit or squirrel.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 7.08.
§ 2210. Specified Small Game Bag and Possession Limits.
The taking of ruffed grouse, sharp-tailed grouse and spruce hen shall be limited to six (6) per day per person, and the possession and transportation of these types of small game shall be limited to twelve (12) at any given time.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 7.09.
§ 2211. Big Game Bag Limits.
The taking of deer and bear shall be limited to one (1) each per season, provided that a special license may be issued permitting the taking of one (1) additional deer upon a showing that a greater need for sustenance exists.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 8.
§ 2212. Season for Does.
The season for does shall be within the period of September 1 to January 31, inclusive.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 8.01.
§ 2213. Season for Bucks.
The season for bucks shall be July 1 to January 31, inclusive.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 8.02.
§ 2214. Deer Tags.
Each licensee will be furnished with a locking seal which shall be affixed to the deer between the tendon and bone and around the bone of the leg so that such seal cannot be removed without breaking the lock.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 8.03.
§ 2215. Elk and Moose.
The taking of elk and moose shall not be permitted; however, the Commissioner of Natural Resources may authorize a moose or elk season.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 8.04.
§ 2216. Season for Furbearers.
The season for the trapping and taking of fur bearing animals shall be October 1 to and including April 30, except the taking of fox, wolves, marten and fisher, which seasons shall be determined annually by the Commissioner of Natural Resources.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 8.05.
§ 2217. Furbearer Tags.
All fur bearing animals taken pursuant to these regulations and all traps used pursuant to these regulations shall bear the number of the licensee's Band or non-Band hunting license.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 8.06.
§ 2218. Shipment of Furs.
When shipping furs taken under a Band or non-Band hunting license, the parcel must be plainly marked on the outside stating the name, address and license number of the shipper and kind and number of skins contained in the package. The waybill or receipt issued by any common carrier to a shipper shall specify the number and species of furs so shipped.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 8.07.
§ 2219. Personal Use of Hides or Pelts.
Hides or pelts adapted to personal use need not carry the license number of the taker once the adaption is completed.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 8.08.
§ 2220. Commercial Hunting and Trapping.
There shall be no commercial taking of big game, small game or fur bearing animals with the following exceptions, for which no special commercial license is needed other than the Band or non-Band hunting license:
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(a) Taking. The skins of all fur bearing animals may be taken commercially according to the regulations of 11 MLBS §§ 2216 to 2219.
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(b) Deer. The hides of deer may be possessed and transported for commercial purposes and when transported or shipped the taker must comply with the regulations set forth in 11 MLBS § 2218 if otherwise lawfully taken.
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(c) Beaver, muskrat, rabbit, raccoon. Beaver, muskrat, rabbit and raccoon may be taken for commercial purposes, and when the flesh of these animals is transported or shipped, the taker must comply with the regulations set forth in 11 MLBS § 2209.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50. § 9.
§ 2221. Motor Vehicles.
There shall be no taking of any animal from moving motor vehicles, including snowmobiles.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50. § 10(a).
§ 2222. Night Hunting; Shining.
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(a) It shall be illegal for any person under the jurisdiction of the Band to hunt, possess or transport any big or small game, with the exception of raccoon, that is taken at night and with or without the aid of artificial light for the purpose of hunting without just cause. Artificial light shall mean all types of light which is not generated by nature. The hunting technique commonly known as poaching with an artificial light shall be illegal for purposes of this section.
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(b) There shall be no taking of big game or small game, except raccoon, with the use of artificial lights.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, §§ 10(b), 10.03.
§ 2223. Populated Areas.
There shall be no hunting within 500 feet of any public campground during the season within which it is open for public use, or within 500 feet of any occupied dwelling.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 10(c).
§ 2224. Firing Down or Across Roads.
There shall be no firing down or across any public road.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 10(d.)
§ 2225. Permit Required.
It shall be illegal for any person under the jurisdiction of the Band to participate in any hunting activity on trust property under the jurisdiction of the Band without a valid hunting permit. It shall be a civil offense for any person, of any age, to participate in any hunting activity without a valid permit.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 10.01.
§ 2226. Minors.
It shall be illegal for any adult under the jurisdiction of the Band, over the chronological age of eighteen (18) to engage any person of a lesser chronological age in any hunting activity when said minor does not personally possess a valid hunting permit.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 10.02.
§ 2227. Possession of Untagged Big Game.
It shall be illegal for any person to possess any big game which is not tagged with the official hunting tag of the Band, any other federally recognized Band or Tribe on any trust property under the jurisdiction of the Band.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 10.04.
§ 2228. Hunting and Trapping Seasons.
The Commissioner of Natural Resources, may shorten or lengthen the seasons provided by these regulations, may impose restrictions were none are set forth, or may close and prohibit trapping or hunting of specified species of small game, big game, or fur bearing animals, when he determines that such acts are in the best interests of the resource. The Commissioner of Natural Resources may also impose such other restrictions on manner of taking and bag limits as he deems necessary for preservation of the resource.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 12.
PART B
MIGRATORY BIRDS
Section
2261. Taking, Possession, Transport and Export.
2262. Methods.
2263. Closed Season.
2264. Shooting Hours.
2265. Daily Limit.
2266. Wanton Waste of Migratory Game Birds.
2267. Possession Prohibited If Unlawfully Taken.
2268. Possession During Closed Season.
2269. Possession Limit.
2270. Opening Day of Season.
2271. Field Possession Limit.
2272. Tagging Requirement.
2273. Custody of Birds of Another.
2274. Possession of Live Birds.
2275. Termination of Possession.
2276. Gift of Migratory Game Birds.
2277. Transportation Prohibited If Unlawfully Taken.
2278. Transportation of Birds of Another.
2279. Species Identification Requirement-Transportation.
2280. Marking Package or Container-Transportation.
2281. Exportation Prohibited If Unlawfully Taken.
2282. Species Identification Requirement.
2283. Marking Package or Container-Exportation.
2284. Migratory Bird Preservation Facility.
2285. Annual Rules.
Cross References
Memorandum of understanding with US Fish and Wildlife Service on taking of migratory birds see Nat. Res. Comm. Orders 132-90, 152-92, 173-93.
Off-reservation migratory bird hunting, memorandum agreement with US Fish and Wildlife Service, see Nat. Res. Comm. Order 144-90.
§ 2261. Taking, Possession, Transport and Export.
Migratory birds may be taken, possessed, transported, and exported only as provided by this chapter and Commissioner's Orders issued hereunto. Migratory birds has the meaning given to it at 11 MLBS § 2001(m).
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 11.
§ 2262. Methods.
Migratory birds on which open seasons are prescribed may be taken by any method except those prohibited in this section. No person shall take migratory game birds:
-
(a) With a trap, snare, net, rifle, pistol, swivel gun, shotgun larger than 10 gauge, punt gun, battery gun, machine gun, fish hook, poison, drug, explosive, or stupefying substance.
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(b) From or by means, aid, or use of a sinkbox or any other type of low floating device, having a depression affording the hunter a means of concealment beneath the surface of the water.
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(c) From or by any means, aid, or use of any motor vehicle, motor-driven land conveyance, or aircraft of any kind, except that paraplegics and persons missing one or both legs may take from any stationary motor vehicle or stationary motor-driven land conveyance.
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(d) From or by means of any motorboat or other craft having a motor attached, or any sailboat, unless the motor has been completely shut off and/or the sails furled, and its progress therefrom has ceased. Provided that a craft under power may be used to retrieve dead or crippled birds; however, crippled birds may not be shot from such craft under power.
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(e) By the use or aid of live birds as decoys; although not limited to, it shall be a violation of this subsection for any person to take migratory waterfowl on an area where tame or captive live ducks or geese are present unless such birds are and have been for a period of 10 consecutive days prior to such taking, confined within an enclosure which substantially reduces the audibility of their calls and totally conceals such birds from the sight of wild migratory waterfowl.
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(f) By the use or aid of recorded or electrically amplified bird calls or sounds, or recorded or electrically amplified imitations of bird calls or sounds.
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(g) By the aid of baiting or on or over any baited area. As used in this subsection, "baiting" shall mean the placing, exposing, depositing, distributing, or scattering of shelled, shucked, or unshucked corn, wheat or other grain, salt, or other feed so as to constitute for such birds a lure, attraction or enticement to, on, or over any areas where hunters are attempting to take them; and "baited areas" means any area where shelled, shucked, or unshucked, wheat or other grain, salt, or other feed whatsoever capable of luring, attracting, or enticing such birds is directly or indirectly placed, exposed, deposited, distributed, or scattered; and such shall remain a baited area for 10 days following complete removal of all such corn, wheat or other grain, salt, or other feed. However, nothing in this subsection shall prohibit:
-
(1) The taking of all migratory birds, including waterfowl, on or over standing crops, flooded standing crops (including aquatics), flooded harvested croplands, grain crops properly shocked on the field where grown, or grains found scattered solely as a result of normal agricultural planting or harvesting; and
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(2) The taking of all migratory birds, except waterfowl, on or over land where shelled, shucked, or unshucked corn, wheat or other grain, salt, or other feed has been distributed or scattered as the result of bona fide agricultural operations or procedures, or as a result of manipulation of a crop or other feed on the land where grown for wildlife management purposes, provided that manipulation for wildlife purposes does not include the distributing or scattering of grain or other feed once it has been removed from or stored on the field where grown.
-
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(h) As limited to the taking of ducks, geese, swans, and coots, (Fulica americana), while possessing shotshells loaded with shot other than steel shot or such shot approved as nontoxic by the Commissioner of Natural Resources, in any area declared a non-toxic shot zone by the Commissioner of Natural Resources.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 11.01.
Cross References
Steel shot required, see Nat. Res. Comm. Order 31-85.
§ 2263. Closed Season.
No person shall take migratory birds during the closed season.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 11.02.
§ 2264. Shooting Hours.
No person shall take migratory game birds except during the hours open to shooting as prescribed by annual regulations promulgated by the Commissioner of Natural Resources pursuant to 11 MLBS § 2285.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 11.03.
§ 2265. Daily Limit.
No person shall take in any one (1) calendar day, more than the daily bag limit or negotiate annually aggregate daily bag limit, whichever applies.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 11.04.
§ 2266. Wanton Waste of Migratory Game Birds.
No person shall kill or cripple any migratory game bird pursuant to this part without making a reasonable effort to retrieve the bird and retain it in his actual custody at the place where taken or between that place and either:
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(a) his automobile or principal means of land transportation;
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(b) his personal abode or temporary or transient place of lodging;
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(c) a migratory bird preservation facility as defined by 11 MLBS § 2284;
-
(d) a post office; or
-
(e) a common carrier facility.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 11.05.
§ 2267. Possession Prohibited If Unlawfully Taken.
No person shall at any time, by any means, or in any manner possessor have in custody any migratory game bird or part thereof taken in violation of any provision of 11 MLBS §§ 2262 to 2266 or in violation of any Commissioner's Order issued under 11 MLBS § 2285.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 11.06.
§ 2268. Possession During Closed Season.
No person shall possess any freshly killed migratory game birds during the closed season.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 11.061.
§ 2269. Possession Limit.
No person shall possess more migratory game birds taken in the United States than the possession limit or the aggregate possession limit, whichever applies.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 11.062.
§ 2270. Opening Day of Season
No person on the opening day of the season shall possess any freshly killed migratory game birds in excess of the daily bag limit or aggregate bag limit, whichever applies.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 11.063.
§ 2271. Field Possession Limit.
No person shall possess, have in custody, or transport more than the daily bag limit or aggregate daily bag limit, whichever applies, of migratory game birds, tagged or not tagged, at or between the place where taken and either:
-
(a) his automobile or principal means of transportation;
-
(b) his personal abode or temporary or transient place of lodging;
-
(c) a migratory bird preservation facility as defined by 11 MLBS § 2284;
-
(d) a post office; or
-
(e) a common carrier facility.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 11.064.
§ 2272. Tagging Requirement.
No person shall put or leave any migratory game birds at any place (other than at his personal abode), or in the custody of another person for picking, cleaning, processing, shipping, transportation, or storage (including temporary storage), or for the purpose of having taxidermy services performed, unless such birds have a tag attached signed by the hunter stating his address, the total number and species of birds, and the date such birds were killed. Migratory game birds being transported in any vehicle as the personal baggage of the processor shall not be considered as being in storage or temporary storage.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 11.065.
§ 2273. Custody of Birds of Another.
No person shall receive or have in custody any migratory game birds belonging to another person unless such birds are tagged as required by 11 MLBS § 2272.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 11.066.
§ 2274. Possession of Live Birds.
Every migratory game bird wounded by hunting and reduced to possession by the hunter shall be immediately killed and become a part of the daily bag limit. No person shall at any time or by any means possess or transport live migratory game birds taken under authority of this Part, except as provided by 11 MLBS § 2006.
Historical and Statutory Notes
Source: Band Statute 1162-MLC-50, § 11.067.
§ 2275. Termination of Possession.
Subject to all other requirements of this Part, the possession of birds taken by any hunter shall be deemed to have ceased when such birds have been delivered by him to another person as a gift; or have been delivered by him to a post office, a common carrier, or a migratory bird preservation facility as defined by 11 MLBS § 2284 and consigned for transport by the Postal Service or a common carrier to some person other than the hunter.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 11.068.
§ 2276. Gift of Migratory Game Birds.
No person may receive, possess, or give to another any freshly killed migratory game birds as a gift, except at the personal abode of the donor or donee, unless such birds have a tag attached signed by the hunter who took the birds stating such hunter's address, the total number and species of birds, and the date such birds were taken.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 11.07.
§ 2277. Transportation Prohibited If Unlawfully Taken.
No person shall at any time, by any means, or in any manner transport any migratory game bird or part thereof taken in violation of any provision of 11 MLBS §§ 2262 to 2266, or in violation of any Commissioner's Order issued under 11 MLBS § 2285.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 11.071.
§ 2278. Transportation of Birds of Another.
No person shall transport migratory game birds belonging to another person unless such birds are tagged as required by 11 MLBS § 2272.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 11.072.
§ 2279. Species Identification Requirement-Transportation.
No person shall transport within the United States any migratory game birds, except doves and band-tailed pigeons (Columba fasciata), unless the head or one fully feathered wing remains attached to each such bird at all times while being transported from the place where taken until they have arrived at the personal abode of the possessor or a migratory bird preservation facility.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50 § 11.073.
§ 2280. Marking Package or Container-Transportation.
No person shall transport by the Postal Service or a common carrier migratory game birds unless the package or container in which such birds are transported has the name and address of the shipper and the consignee, and an accurate statement of the numbers of each species of birds therein contained clearly and conspicuously marked on the outside thereof
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 11.074.
§ 2281. Exportation Prohibited If Unlawfully Taken.
No person shall at any time, by any means, or in any manner export or cause to be exported any migratory game bird or part thereof taken in violation of any provision of 11 MLBS §§ 2262 to 2266, or in violation of any Commissioner's Order issued under 11 MLBS § 2285.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 11.08.
§ 2282. Species Identification Requirement.
No person shall export migratory game birds unless one fully feathered wing remains attached to each such bird while being transported from the United States and/or any of its possessions to any foreign country.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 11.081.
§ 2283. Marking Package or Container-Exportation.
No person shall export migratory game birds via the Postal Service or common carrier unless the package or container has the name and address of the shipper and the consignee, and an accurate statement of the number of each species of birds therein contained clearly and conspicuously marked on the outside thereof.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 11.082.
§ 2284. Migratory Bird Preservation Facility.
"Migratory Bird Preservation Facility" means:
-
(a) Any person who, at his residence or place of business and for hire or other consideration;
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(b) Any taxidermist, cold-storage facility or locker plant which for hire or other consideration; or
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(c) Any hunting club which, in the normal course of operations, receives, possesses, or has in custody any migratory game birds belonging to another person for purposes of picking, cleaning, freezing, processing, storing, or shipping.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 11.09.
§ 2285. Annual Rules.
The Commissioner of Natural Resources is delegated the authority to promulgate annual rules pertaining to seasons, bag limits, possession limits, and hunting hours for the on-reservation migratory bird season and the off-reservation migratory bird season in the territories defined by 2 MLBS § 107.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 11.10.