Section
5241. Purpose.
5242. Amphibians.
5243. Turtles.
5244. Mussels.
5245. Crayfish.
§ 5241. Purpose.
The purpose of this Subchapter is to regulate the harvest of amphibians, turtles, mussels and crayfish.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 11.01.
§ 5242. Amphibians.
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(a) Season and Hours. Frogs may be taken only between May 16 and March 31, inclusive, and between sunrise and sunset, except as otherwise permitted by the Commissioner.
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(b) Species and Size Limits. Only leopard frogs (Rana pipiens) and bull frogs (Rana catesbiana) more than six inches long may be taken or possessed for purposes other than bait. The length of the frog is measured from the tip of the nose to the tip of the hind toes, with the legs fully extended.
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(c) Methods.
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(1) No member shall use cloth screens or similar devices to take frogs.
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(2) No member shall use artificial lights to take frogs unless in possession of a permit issued by the Department of Natural Resources authorizing the use of artificial lights to take frogs in designated waters.
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(d) Taking, Importing, Transporting, Possessing, Buying or Selling Frogs for Purposes Other Than Bait.
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(1) No member shall take, transport, possess, buy or sell frogs for purposes other than bait without a permit issued by the Department of Natural Resources. Such a permit shall be valid for no more than one year without renewal.
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(2) No member shall import live frogs into the State of Minnesota for purposes other than bait without a permit issued by the Commissioner.
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(3) All permittees who take or possess frogs for purposes other than bait must keep a record book that includes the number or weight of each species of frog acquired by taking or purchase and sold, the name and address of each purchaser and seller, and the date of each transaction. These records must be kept current within 48 hours of a transaction.
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(4) All permittees who have taken frogs for purposes other than bait must report activities of the previous permit year, on forms provided by the Department of Natural Resources, before a permit is renewed.
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Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 11.02.
§ 5243. Turtles.
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(a) Snapping Turtle Limits. No member shall possess more than three snapping turtles of the species Chelydra serpentina without a turtle seller's permit issued under paragraph (c). No member shall take snapping turtles of a size less than ten inches wide including curvature, measured from side to side across the shell at midpoint.
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(b) Methods.
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(1) Except as allowed in paragraph (2), no member shall take turtles by use of explosives, drugs, poisons, lime, other harmful substances, firearms, turtle hooks or traps, or nets other than nets authorized for use in harvesting fish in noncommercial fisheries.
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(2) A member possessing a turtle seller's permit issued under paragraph (c) may take turtles by means of turtle traps or hooks and other authorized commercial fishing gear.
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(i) Flexible webbing turtle traps must be of mesh size not less than 3-1/2 inches bar measure or seven inches stretch measure.
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(ii) Wire turtle traps must be of mesh size not less than 3-1/2 inches bar measure and must have at least four inches on a side and one of the same dimension near the bottom in each of the side panels.
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(iii) A turtle trap must be set in water shallow enough to place the top no deeper than one inch below the water surface. Each trap must be checked and serviced at intervals not exceeding 48 hours.
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(iv) When in use, each turtle trap must have affixed on it a tag of permanent material visible from above, legibly bearing the name, address, and permit number of the operator. This information must be recorded in an indelible manner on the tag. The tag must be of dimensions not less than 2-1/2 inches in length by five-eighths inch in width.
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(3) No member shall use artificial lights to take turtles unless in possession of a permit issued by the Department of Natural Resources authorizing the use of artificial lights to take turtles in designated waters.
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(c) Sales. Except for subsistence uses, no member shall take, possess, transport or purchase turtles for sale without a turtle seller's permit issued by the Department of Natural Resources. A turtle seller's license is not required to buy turtles for retail sale to consumers:
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(1) at a location licensed by the state department of agriculture or health for sale or preparation of food;
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(2) of a member licensed by the state department of agriculture or health for sale or preparation of food; or
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(3) of a member buying turtles at a retail outlet.
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(d) Records and Reports.
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(1) Reports must be submitted, on forms provided by the Department of Natural Resources, by a holder of a turtle seller's permit at the time of permit renewal or March 1, whichever comes first. The forms must record the numbers and pounds of turtles taken, species of turtles taken, and other information as specified.
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(2) A permittee who buys turtles for resale or for processing and resale must keep a correct and complete book record of all transactions and activities covered in the license.
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Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 11.03.
§ 5244. Mussels.
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(a) Season and Hours. Mussels may be taken only between May 16 and the last day of February, inclusive, and between sunrise and sunset. The Commissioner may restrict the open season for taking mussels for commercial purposes.
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(b) Prohibited Species. No member shall harvest or intentionally disturb the Higgins' eye (Lampsilis higginsi), elephant ear (Elliptio crassidens), ebony shell (Fusconaia ebena), winged mapleleaf (Quadrula fragosa), fat pocketbook (Proptera capax) mussels, or any mussel that is an endangered or threatened species. If these species are located within the harvest site, all harvest operations must immediately stop and the harvester must notify the Department of Natural Resources within 24 hours.
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(c) Methods and Limits. Mussels may be taken by hand-picking only with or without aid of breathing apparatus. No member shall take and possess more than 24 live whole or 48 shell halves of freshwater mussels at any time, and no member shall sell mussels except for subsistence uses, unless the member is in possession of a commercial mussel harvesting permit issued under section paragraph (d).
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(d) Commercial Harvest Permits.
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(1) The Commissioner may issue permits to harvest mussels commercially, in areas determined after consultation with the State Department of Natural Resources and in accordance with provisions in the final decree in Mille Lacs v. State of Minnesota, No. 3-94-1226 (D. Minn.), regarding mussel management. Such a permit shall be issued only upon submission of a complete written application containing such information as the Commissioner deems appropriate and shall be valid for no more than one year without renewal. The Commissioner may terminate a permit to harvest mussels pursuant to § 4052 of this Chapter to protect aquatic resources.
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(2) Only three ridge (Amblema plicata) mussels may be harvested under a commercial harvest permit. Additional species may be requested for harvest from specific sites by special permit. Three ridge mussels may lawfully be harvested, as live whole mussels or shell halves, provided that they cannot pass through a 2-3/4 inch diameter hole. A member must return undersized three ridge mussels or unlawful mussel shells, live or dead, to the water immediately.
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(3) Harvest sites must be identified in the application and permit by legal description or other defining terms sufficient to accurately locate the area. The taking of mussels by a permittee or crew member from a place outside the permitted harvest site is prohibited.
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(4) The permittee must inform the Commissioner 24 hours in advance of any intended mussel harvest operations. Changes in location or dates will require an additional notification.
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(5) A mussel harvesting crew is limited to four persons, including the permittee. Helpers' names must be listed on the permit and must be eligible to exercise hunting, fishing and gathering rights under the 1837 treaty. The permittee must be in attendance at all mussel harvest operations.
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(6) No member shall harvest mussels within 1,000 feet downstream of a dam.
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(e) Records, Reports and Inspections.
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(1) Notwithstanding the requirements of § 4047 of this Chapter a permittee must keep records of each mussel sales transaction. The records must be verifiable with supporting sales slips and include:
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(i) pounds of mussels sold;
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(ii) name and address of the buyer; and
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(iii) date of transaction.
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(2) Records must be kept current within 48 hours of each transaction. Failure to keep complete and current records may result in immediate revocation of the permit and may render the permittee ineligible for permits for one year. All records must be maintained and available for inspection, at the permittee's address, for three years.
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(3) Notwithstanding the requirements of § 4047 of this Chapter a permittee must submit reports monthly while the permit is valid on forms provided by the Commissioner. Reports must be submitted by the 15th of each month even if no harvest activity took place. All information requested on the report must be provided. Failure to submit information requested on the report may result in revocation of the existing permit and may render the permittee ineligible for permits for one year.
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(4) Records required in this section, business and operation premises, and boats, vehicles, and gear used in the mussel harvesting operations may be inspected at all reasonable times by wardens of the Bands or the Commission.
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(f) Special Restrictions.
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(1) Meats resulting from the processing of live whole mussels may not be returned to the water or deposited on a shoreline or adjacent land. The meat of mussels lawfully obtained may be used as bait.
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(2) Live mussels may not be transferred within or between bodies of water, except under permit issued by the Commissioner.
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Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 11.04.
§ 5245. Crayfish.
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(a) Seasons and Size Limits. Crayfish may be taken only from April 1 through November 30, inclusive. Crayfish less than one inch in length from tip of rostrum to tip of tail must be returned unharmed to the water.
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(b) Methods.
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(1) Crayfish may be harvested with gear allowed for rough fish and minnows in addition to gear specified in this part. Crayfish traps or harvesting devices must be identified in a permanent and legible manner with a plastic or metal tag not smaller than one inch by three inches bearing the user's name and address.
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(2) The mesh size for crayfish traps may not be less than one-half inch, stretch measure.
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(3) Floats used to mark traps may not be larger than four inches square or four inches in diameter.
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(4) Rough fish parts may be used within a crayfish trap as bait.
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(c) Sale of Crayfish. All crayfish species may be harvested and crayfish may be cultured for sale for food and processed bait. Crayfish may not be sold for live bait or aquarium use.
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(d) Tending Crayfish Traps. Crayfish traps may be lifted from one hour before sunrise until one hour after sunset. Crayfish traps must be lifted at least once in each 24-hour period weather permitting. All trapped fish not lawfully harvested under this Chapter must be returned to the water.
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(e) Disposal of Crayfish. Dead crayfish or the shells or meats of crayfish may not be returned to the water or deposited on any shoreline or adjacent area.
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(f) Transportation and Stocking of Crayfish. The transportation of any crayfish from one body of water to another within the state is prohibited, except by written permission from the Commissioner.
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(g) Importation of Crayfish Prohibited. The placement in waters of the state of any crayfish imported from outside the state is prohibited, except under permit by the Commissioner.
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(h) Bag and Possession Limit.
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(1) No member shall take or possess more than 25 pounds of live, whole freshwater crayfish at any time, unless the member is in possession of a commercial crayfish harvesting permit issued under paragraph (i).
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(2) No member shall sell crayfish except for subsistence uses unless the member is in possession of a commercial crayfish harvesting permit issued under paragraph (i).
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(i) Commercial Harvest Permits.
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(1) The Commissioner may issue permits to harvest crayfish commercially. Such a permit shall be issued only upon submission of a complete written application containing such information as the Commissioner deems appropriate, and shall be valid for one season or such shorter period of time as the Commissioner deems appropriate.
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(2) Only members listed on the permit may assist the permit holder in any phase of the crayfish harvesting operations.
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(3) The Commissioner may revoke any permit upon determination that revocation is necessary for protection of natural resources.
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(4) Any variance from permit conditions requires a written amendment which must be attached to and become part of the permit.
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(5) The importation of live crayfish or crayfish eggs into the state is prohibited except by written permit from the Commissioner. Permits to import live crayfish for processing may only be issued provided no live crayfish are allowed to exit the processing facility.
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(6) Permit holders must keep records of all crayfish sales transactions. Records must be verifiable with supporting sales slips and include the number or weight of all species of crayfish acquired by taking or purchase and sold, name and address of buyer, and date of each transaction. Records must be kept current within 48 hours. Failure to keep complete and current records may result in immediate revocation of the permit and may render the permit holder ineligible for future permits.
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(7) Crayfish lawfully harvested may be bought, sold, and transported for food purposes and as processed bait only, except as otherwise provided in this § 5245. Crayfish must be kept separated from live fish when being transported within the state.
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(8) Crayfish lawfully possessed may be exported for any purpose.
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(9) The permit holder must inform the Commissioner at least 24 hours in advance of the start of harvest operations for each water body. Harvest sites will be identified by name and legal description or other defining terms sufficient to accurately locate the site.
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(10) The permit holder must be in personal attendance at harvest operations and is responsible for all harvest activities. All members of the crew must be listed on the permit.
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(11) The Commissioner may issue a permit to rear or hold crayfish of the species Orconectes virilis and Orconectes immunis for any waters, including waters that are not isolated from other waters.
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Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 11.06.