Section
2301. Band License.
2302. Non-Band License.
2303. Non-Indian License.
2304. License Required.
2305. License Fees.
2306. Regulations.
2307. Determination and Posting of Season.
2308. Watercraft and Flails.
2309. Poles.
2310. Paddy Rice.
2311. Constructive Knowledge.
Cross References
Explosives, use to remove obstructions to water flow on wild rice beds, see Nat. Res. Comm. Order 56-87.
§ 2301. Band License.
Every enrollee of the Mille Lacs Band of Chippewa Indians who harvests wild rice within the Mille Lacs Reservation shall have in his or her possession a proper Band ricing license. This license must be in his or her possession whenever harvesting, possessing or transporting wild rice within the Reservation and whenever possessing or transporting wild rice anywhere within the United States, when such wild rice was lawfully harvested within the Reservation.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, §14.
§ 2302. 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 ricing license to any enrolled member of a federally recognized Tribe who is not enrolled with the Mille Lacs Reservation.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 14.01.
§ 2303. 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 ricing license in numbers determined by him to be suitable. The Commissioner may also, by Commissioner's Order, establish resident or nonresident classes of non-Indian licenses. Any license issued under this section must be in the possession of the person to whom issued when gathering wild rice on the Mille Lacs Reservation.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 14.02.
2304. License Required.
Every Indian who gathers wild rice within the Mille Lacs Reservation must have in his possession a proper ricing license.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 14.03.
§ 2305. License Fees.
Fees may be charged in the discretion of the Commissioner of Natural Resources for the issuance of ricing licenses. The Commissioner of Natural Resources may in his discretion charge a greater fee for a non-Band ricing license than for a Band ricing license. The Commissioner may also charge a greater fee for a non-Indian ricing license than for a Band 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, § 14.04.
§ 2306. Regulations.
All regulations regarding the gathering of wild rice shall be as adopted in this chapter, subject to amendment on an annual basis by the Commissioner of Natural Resources, and subject to the power of the Commissioner of Natural Resources, or his agents, to regulate opening and closing of particular beds.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 14.05.
§ 2307. Determination and Posting of Season.
The Commissioner of Natural Resources shall determine each year, and shall post notices announcing, the season for the harvest of wild rice that year and the length of time per day during which wild rice may be harvested.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 14.06.
§ 2308. Watercraft and Flails.
No watercraft may be used for the harvest of wild rice other than a boat, skiff or canoe propelled by hand, which boat, skiff or canoe may have a top width of not more than 36 inches and a length of not more than 18 feet, nor may any machine or device be used for the harvest of wild rice other than a flail not more than 30 inches in length, nor more than one (1) pound in weight, which flail must be held and operated by hand.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 14.07.
Cross References
Watercraft, see 20 MLBS § 1.
§ 2309. Poles.
No pole may be used for propelling any watercraft utilized for the gathering of wild rice unless such pole is forked at the end, with each branch less than 12 inches in length.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 14.08.
§ 2310. Paddy Rice.
None of the provisions of this subchapter shall apply to the gathering of paddy rice.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 14.09.
§ 2311. Constructive Knowledge.
All rules and regulations relating to the harvest of wild rice shall be as adopted in this chapter, 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, § 14.10.