Section
5261. Purpose.
5262. Definitions.
5263. Gathering on Certain Public Lands Prohibited.
5264. Gathering on Certain Private Lands Prohibited.
5265. Wild Plant Harvesting Permits.
5266. Restrictions on Wild Plant Gathering – Public Safety.
5267. Sale of Wild Plants Authorized.
5268. Assistance by Non-Band Member.
§ 5261. Purpose.
The purpose of this Subchapter is to regulate the harvest of wild plants, or any parts thereof, which are not regulated pursuant to Subchapter 5 [Wild Rice Harvesting Regulations] of this Chapter
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 12.01.
§ 5262. Definitions.
For the purposes of this Subchapter, the following terms shall be construed to apply as follows:
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(a) "Fuel wood" shall mean trees, whether standing or down, that will be used for personal use to produce heat.
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(b) "Gathering" means cutting, rooting up, severing, injuring, destroying, removing, or carrying away any wild plant or part thereof.
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(c) "Ginseng" means the roots, seeds or other parts of wild American ginseng (Panax quinquefolium or Panax quinquefolius).
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(d) "Public Landowner" means any owner or other entity responsible for the management of any public land.
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(e) "Public lands" means those lands, including the beds of any streams and flowages, located within the ceded territory owned by the State of Minnesota or any of its political subdivisions or Departments.
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(f) "Wild plant" means any undomesticated species, and fruit or part thereof, of the plant kingdom occurring in the natural ecosystem, and includes without limitation endangered or threatened plant species, as defined in § 4011(g) of this Chapter, trees and tree products (such as timber, firewood, fuelwood bark, sap and boughs), and ginseng, but excludes for the purposes of this Chapter wild rice.
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(g) "Timber" shall mean trees that will produce products of value, whether standing or down, and includes logs, posts, poles, bolts, pulpwood, cordwood and lumber, but shall not include fuelwood, bark, sap or boughs.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 12.02.
§ 5263. Gathering on Certain Public Lands Prohibited.
No member shall engage in a particular wild plant gathering activity in a particular area on public lands where the public landowner has notified the Commissioner that:
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(a) the particular activity is contrary to the area's general plant management plan or system; or
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(b) the particular area is closed to gathering under the area's general plant management plan or system.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 12.02A.
§ 5264. Gathering on Certain Private Lands Prohibited.
No member shall gather any wild plant on private lands except those lands which are open to the general public for gathering by operation of state law.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 12.02B.
§ 5265. Wild Plant Harvesting Permits.
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(a) Generally.
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(1) Except as provided in paragraph (d) [Subsistence Uses], a permit issued by the Department of Natural Resources shall be required for the gathering of any wild plant, or any part, fruit, seed or berry thereof.
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(2) The Department of Natural Resources is authorized to issue permits which authorize the gathering of wild plants to a member or group of members in accordance with the provisions of this paragraph (a).
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(3) A gathering permit issued pursuant to this subsection shall:
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(i) identify the permittee or permittees, including the name, address and Band identification number of all members authorized to gather wild plants by the permit;
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(ii) identify the amount and general location of the plants, or parts thereof, to be gathered; and
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(iii) require that all members authorized by the permit must possess an official copy of the permit while engaged in the gathering activity.
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(4) A gathering permit issued pursuant to this subsection may:
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(i) establish limits on the quantity of the plants which may be gathered;
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(ii) define the specific area or areas where the gathering may occur;
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(iii) define or limit the methods which may be employed to gather the plants; and
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(iv) establish such other conditions or requirements deemed necessary or appropriate by the Department of Natural Resources.
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(5) The Department of Natural Resources shall consult the public landowner of the area where the gathering will take place prior to the issuance of a permit under this section.
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(6) No member shall be authorized to engage in the business of harvesting nuisance plants under the authority of this Code.
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(b) Ginseng Gathering Permits.
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(1) No ginseng gathering permit shall be issued and no member shall gather ginseng from January 1 through August 31.
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(2) A member may not sell, purchase, or possess any green roots of wild ginseng, except during the open season.
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(3) A member may not harvest, dig, or disturb any wild ginseng plant unless the plant has at least three prongs (leaves) with five leaflets each.
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(4) Immediately after digging or removing any wild ginseng plant, the digger must remove all of the seeds from the plant's berries and plant them in the area where the plant was dug. Seeds must be planted by removing surface litter, planting each seed at a depth of one-half inch in the underlying soil, and replacing the surface litter over the planting site.
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(c) Gathering Permits for Trees and Tree Products.
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(1) No permit shall be issued for and no member shall engage in the commercial harvest of any species of timber except as permitted by state law.
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(2) Except as provided in paragraph (c)(1), and subject to the provisions of paragraph (c)(3), the Department of Natural Resources may issue a permit to a member or group of members for the gathering of trees or tree products. Any such permit shall be issued in accordance with paragraphs (a)(3) and (4).
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(3) Except for a permit to gather bark, the Department of Natural Resources shall not issue a permit for the gathering of trees or tree products until the Department receives the written consent of the public landowner of the lands covered by the permit.
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(d) Subsistence Uses. Except as required by paragraphs (b) and (c), no permit shall be required for a member to gather wild plants for subsistence uses.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 12.03.
§ 5266. Restrictions on Wild Plant Gathering – Public Safety.
No member engaged in the gathering of wild plants pursuant to this Subchapter shall impair or obstruct developed recreational trails or special use areas and any wild plant subject to the gathering which may impede or impair the use of those trails or areas shall be removed immediately.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 12.04.
§ 5267. Sale of Wild Plants Authorized.
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(a) Except as provided in § 5265(c)(1) of this Chapter, nothing contained in this Chapter shall be construed to prohibit members from selling any wild plant, or any part thereof, lawfully harvested pursuant to this Subchapter.
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(b) Except with the respect to the sale of ginseng, the provisions of § 4047 [Records of Commercial Transactions Required] of this Chapter shall not apply to the sale of any wild plant, or part thereof, lawfully harvested pursuant to this Subchapter.
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(c) In addition to such other information that is required by § 4040 of this Chapter, no member shall fail to specify the county of ginseng harvest on the record of a commercial transaction.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 12.05.
§ 5268. Assistance by Non-Band Member.
No person who is not a member shall assist a member in the gathering of any wild plant, or part thereof, pursuant to this Subchapter except as provided in § 4051 [Permissible Conduct/Assistance by Non-Members] of this Chapter.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 12.06.