Section
4001. Purpose.
4002. Territorial Applicability.
4003. Interpretation.
4004. Religious or Ceremonial Use of Natural Resources.
4005. Additional Measures.
§ 4001. Purpose.
It is the purpose of this Chapter to provide an orderly system for Band control and regulation of the Band's hunting, fishing and gathering rights on the lands and waters located in the State of Minnesota which were ceded in the Treaty of 1837, 7 Stat. 536, ("Minnesota Ceded Territory"), which:
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(a) promotes public health and safety and the conservation and management of fish, wildlife and plant populations in the Minnesota Ceded Territory; and
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(b) is consistent with the 1837 Treaty, applicable Federal law, and the opinions, orders and decrees entered by the Court in Mille Lacs Band v. State of Minnesota, No. 394-1226 (D. Minn.).
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 1.03.
§ 4002. Territorial Applicability.
This Chapter shall govern all treaty hunting, fishing and gathering activities of Band members within the Minnesota Ceded Territory.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 1.04.
§ 4003. Interpretation.
The provisions of this Chapter:
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(a) Shall be interpreted and applied as minimum requirements applicable to the exercise of treaty rights subject to this Chapter;
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(b) Shall be construed liberally in favor of the Band;
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(c) Shall be construed consistently with the 1837 Treaty, applicable Federal law, and the opinions, orders and decrees entered by the Court in Mille Lacs Band v. State of Minnesota, No. 3-94-1226 (D. Minn.); and
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(d) Shall not be deemed a limitation or repeal of any other tribal power or authority.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 1.06.
§ 4004. Religious or Ceremonial Use of Natural Resources.
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(a) Except as provided in paragraphs (b) and (c) below and § 4046, nothing in this Chapter shall prohibit the harvest or use of any resource for religious or ceremonial purposes in accordance with the traditions and customs of the Band.
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(b) No member shall harvest any resource for religious or ceremonial purposes without written authorization from the Department of Natural Resources and a permit issued by the Commissioner pursuant to this section, and no member shall fail to comply with the terms and conditions of any such permit.
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(c) In reviewing and taking action on any request for a permit to harvest a resource for religious or ceremonial purposes, the Commissioner shall take into account the biological impact of the harvest and shall ensure compliance with all provisions of the 1837 Treaty, applicable Federal law, and the opinions, orders and decrees entered by the Court in Mille Lacs Band v. State of Minnesota, No. 3-94-1226 (D. Minn.).
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 1.09.
§ 4005. Additional Measures.
The Department of Natural Resources is authorized to issue orders that impose measures regulating hunting, fishing and gathering by Band members in the Minnesota Ceded Territory that are in addition to and more restrictive than the provisions of this Chapter.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 1.10.