Section
4021. Regulatory Authority.
4022. Permits and Identification.
4023. Waste of Natural Resources.
4024. Larceny of Natural Resources.
4025. Use of Poison and Explosives; Pole Traps.
4026. Throwing Refuse in Waters; Abandoning Automobiles, Boats or Other.
4027. Fish Stocking; Undesirable Exotic Aquatic Plants or Wild Animals.
4028. Scientific Investigation.
4029. Seasons.
4030. Possession of Wild Plants or Wild Animals Taken During Closed Season.
4031. Bag Limits; Possession Limits.
4032. Sharing of Permits and Tags.
4033. Harvesting with Another’s Permit Prohibited.
4034. Shining Animals.
4035. Duties on Accidental Shooting.
4036. Failure to Report Hunting Accident.
4037. Hunter Education Requirements and Restrictions on Hunting by Members Under 14 Years of Age.
4038. Hunting While Intoxicated.
4039. Resisting Conservation Wardens.
4040. False Impersonation of Warden.
4041. General Restrictions on Hunting.
4042. Use of Motor Vehicles to Chase Wild Animals Prohibited.
4043. Hunting with Aircraft Prohibited.
4044. Pivot Guns and Similar Devices Prohibited.
4045. Tampering with Equipment of Another Prohibited.
4046. Endangered and Threatened Species Protected.
4047. Records of Commercial Transactions Required.
4048. Special Use Areas.
4049. Unprotected Species.
4050. Protected Species.
4051. Permissible Conduct/Assistance by Non-Members.
4052. Emergency Closures.
4053. Management Units.
4054. Registration Stations.
4055. Transfers.
4056. Removal of Signs.
4057. Hunter, Trapper, and Angler Harassment Prohibited.
4058. Fishing and Motorboats Prohibited in Certain Areas.
4059. Structures in Public Waters Prohibited.
4060. Training Dogs.
4061. Permits to Take Animals Causing Damage.
§ 4021. Regulatory Authority.
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(a) The Band asserts legal authority to regulate the harvesting, use and disposition of all wild plants and wild animals by its members within the Minnesota Ceded Territory under the 1837 Treaty.
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(b) An officer of one of the Bands or other law enforcement official authorized to enforce the provisions of this Chapter may seize forthwith wherever found:
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(1) any wild plant or wild animal, or carcass or part thereof, taken or reduced to possession in violation of this Chapter; or
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(2) any wild plant or wild animal, or carcass or part thereof, lawfully taken or reduced to possession under this Chapter, upon violation of the Chapter relating to the possession, use, giving, sale, barter or transportation of such wild plant or wild animal, or carcass or part thereof.
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Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 3.01.
§ 4022. Permits and Identification.
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(a) No member shall engage in the exercise of 1837 treaty rights regulated by this Chapter without a validly issued Band natural resources harvesting permit or such other permit as this Chapter may require validated for the particular type of activity to be engaged in and for the particular season in question.
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(b) No member shall engage in the exercise of treaty rights regulated by this Chapter except while carrying a valid color picture identification card issued by the Band.
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(c) Except as otherwise provided in this Chapter, the Department of Natural Resources is authorized to issue to members permits required by this Chapter and establish the form of such permits, provided that such form shall include the member's name, address and Band enrollment number.
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(d) No member shall refuse to display his or her identification documents or any other document or permit required by this Chapter to any Band, state, local or federal law enforcement officer upon request by such officer.
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(e) No member to whom any permit has been issued under this Chapter shall fail or refuse to provide harvest reports and data, and such other relevant information, as may be lawfully requested by one of the Bands', state, local and federal law enforcement officers or the Department of Natural Resources.
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(f) Permits, carcass tags and registration tags issued or used pursuant to this Chapter in connection with any species for which a harvest quota is established shall be numbered sequentially and shall be indexed by number making information regarding the identity of the person who has been issued a tag or permit promptly accessible.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 3.02.
§ 4023. Waste of Natural Resources.
No member shall unreasonably waste, injure, destroy, or impair natural resources while engaging in the exercise of treaty rights regulated by this Chapter.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 3.03.
§ 4024. Larceny of Natural Resources.
No member shall, without permission of the owner, molest, disturb or appropriate any wild plant or wild animal, or the carcass or part thereof, which has been lawfully reduced to possession by or is otherwise owned by another.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 3.04.
§ 4025. Use of Poison and Explosives; Pole Traps.
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(a) No member shall take, capture, or kill or attempt to take, capture or kill any wild animal with the aid of dynamite or any other explosive or poisonous or stupefying substances or devices.
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(b) No member shall place in or allow to enter any waters explosives which might cause the destruction of any wild animal, except when authorized by the Commissioner, or have in his or her possession or under his or her control upon any waters any dynamite or other explosives or poisonous or stupefying substances or devices for the purpose of taking, catching or killing wild animals.
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(c) No member shall use, set, lay or prepare in or allow to enter any waters any lime, poison, fish berries, or any other substance deleterious to fish life; or use baits containing poison of any description in any forests, fields or other places where such baits might destroy or cause the destruction of wild animals; and the possession of any such poison, poison baits or substances deleterious to wild animals by a member while exercising treaty rights regulated by this Chapters is prima facie evidence of a violation of this section.
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(d) No member shall take, capture or kill or attempt to take capture or kill any bird by setting or operating any trap or device designed, built or used to capture birds on a pole, post, tree stump or any other elevated perch more than three (3) feet above the ground.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 3.05.
§ 4026. Throwing Refuse in Waters; Abandoning Automobiles, Boats or Other Vehicles.
No member shall deposit, place or throw into any waters, or leave upon the ice, any cans, bottles, debris, refuse or other solid waste materials; and no member shall abandon any automobile, boat or other vehicle in any waters. Any automobile, boat or other vehicles not removed within forty-eight hours shall be rebuttably presumed to be abandoned.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 3.06.
§ 4027. Fish Stocking; Undesirable Exotic Aquatic Plants or Wild Animals.
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(a) Except in connection with a harvest activity authorized by this Chapter or as otherwise permitted by controlling law, a member may not import, transport or stock in any waters in the Minnesota Ceded Territory live fish eggs, fresh spawn, or immature or adult fish of any species or any mussel, turtle or crayfish without a permit issued by the Commissioner.
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(b)
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(1) The Commissioner is authorized to establish a ceded territory program to prevent and curb the spread of harmful exotic species. This program may include a long-term plan, which may include specific plans for individual species, for ceded territory wide management of harmful exotic species. Any exotic species program or harmful exotic species management plan may be developed in conjunction with any corresponding state management plan required by state law. The Commissioner may adopt the state management plan, or relevant portions thereof, as the ceded territory program.
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(2) For the purposes of this Chapter, the term "exotic species" means a wild animal or plant species that is not naturally present or reproducing within the ceded territory or that does not naturally expand from its historic range in the ceded territory, and the term "harmful exotic species" means an exotic species that can naturalize and either:
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(i) causes or may cause displacement of or otherwise threaten native species in their natural communities; or
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(ii) threaten or may threaten natural resources or their use in the ceded territory.
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(c)
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(1) No later than May 1 of each year and at such other times during the year as may be necessary, the Commissioner shall designate any waters of the ceded territory as infested waters if the Commissioner determines that they contain a harmful exotic species that could spread to other waters if use of the water and related activities are not regulated to prevent this. The Commissioner's designation of infested waters, if any, may incorporate the parallel designations under Minnesota state law. The notice that the Commissioner provides to members of the infested waters designations may be the same notice provided for the same waters by the Minnesota Department of Natural Resources under state law. Should the Commissioner fail or choose not to make any infested waters designations required under this subsection, the infested waters designations by the Minnesota Department of Natural Resources under state law, and the accompanying public notice of those designations, shall be deemed the Commissioner's designations for the purposes of this Chapter.
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(2) For the purposes of this Chapter, the term "infested waters" means waters and waterbodies identified by the Commissioner as having populations of select harmful exotic species such as zebra mussel (all species of the genus Dreissena), Eurasian milfoil (Myriophyllum spicatum), ruffe (Gymnocephalus cernuus), spiny water flea, or white perch (Morone americana).
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(3) No member shall take any wild animal from infested waters for bait purposes.
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(4) No member shall fail to:
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(i) dry for a minimum of 10 days or freeze for a minimum of 2 days before use in non-infested waters any net or associated piece of equipment, including any trap, buoy, anchor, stake or line;
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(ii) remove all aquatic vegetation from nets or associated equipment when they are removed from infested waters; or
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(iii) notify the Commissioner or a Band or Commission warden when removing nets from infested waters and before re-setting those nets in non-infested waters.
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(5) No member shall use water from infested waters to transport fish without a permit from the Commissioner.
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(6) No member leaving infested waters identified as having populations of zebra mussels or spiny water flea shall fail to drain bait containers, other boating related equipment holding water, and live wells and bilges by removing the drain plug before transporting the watercraft and associated equipment on public roads.
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(7) No member shall transport infested waters on a public road or off property riparian to infested waters except as otherwise authorized by Minnesota state law or under special permit issued by the Commissioner, and no member shall divert infested waters except in compliance with Minnesota state law or in accordance with a special permit issued by the Commissioner.
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(d)
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(1) No later than May 1 of each year and at such other times during the year as may be necessary, the Commissioner shall designate waters of the ceded territory as having limited infestations of Eurasian milfoil (Myriophyllum spicatum). The Commissioner's designation of limited infestations, if any, may incorporate the parallel designations under Minnesota state law. The notice that the Commissioner provides to members of limited infestations designations may be the same notice provided for the same waters by the Minnesota Department of Natural Resources under state law. Should the Commissioner fail or choose not to make any limited infestation designations required under this subsection, the limited infestation designations by the Minnesota Department of Natural Resources under state law, and the accompanying public notice of those designations, shall be deemed the Commissioner's designations for the purposes of this Chapter.
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(2) The Commissioner, or his or her designee, may mark and delineate areas of infestation of Eurasian Milfoil where control is planned in water bodies identified as having limited infestations. No member shall enter an area of limited infestation of Eurasian milfoil marked or delineated by the Commissioner or by the Minnesota Department of Natural resources under state law, except:
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(i) in emergency situations where property or human life is endangered;
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(ii) by enforcement, emergency, resource management and other Band government personnel or their agents when performing official duties; or
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(iii) for the purpose of access via the shortest and most direct route through a marked or delineated area by owners or lessees of land adjacent to marked or delineated areas who do not have other water access to their land.
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(e)
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(1) The following species are prohibited exotic species for the purposes of this Chapter:
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(i) Aquatic Plants: Eurasian milfoil (Myriophyllum spicatum); hydrilla (Hydrilla verticillata); European frog-bit (Hydorchairs morsusranae); flowering rush (Butomus umbellatus); any variety, hybrid, or cultivar of purple loosestrife (Lythrum salicaria, Lythrum virgatum, or any combinations); and water chestnut (Trapa natans).
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(ii) Fish: grass carp (Ctenopharyngodon idella); rudd (Scardinius erythrophthalmus); round goby (Neogobius melanostomus); ruffe (Bymnocephalus cernuus); sea lamprey (Petromyzon marinus); and white perch (Morone americana).
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(iii) Invertebrates: rusty crayfish (Orconectes rusticus); and zebra mussel species (all species of the genus Dreissena).
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(iv) Mammals: Asian raccoon dog, also known as finnraccoon (Nyctereutes procyonoides); European rabbit (Oryctolagus cuniculus); and any strain of nutria (Mycocastor coypu).
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(v) Any other species so designated by the Commissioner taking into account the likelihood of introduction of the species if it is allowed to enter or exist in the ceded territory; the likelihood that the species would naturalize in the ceded territory were it introduced; the magnitude of potential adverse impacts of the species on native species and on use of natural resources; the ability to eradicate or control the spread of the species once it is introduced in the ceded territory; and other criteria the Commissioner deems appropriate.
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(2) No member shall possess, import, purchase, sell, propagate, transport, or introduce a prohibited exotic species, except:
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(i) under a permit issued by the Commissioner for the purposes of disposal, control, research or education;
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(ii) when being transported to the Department of Natural Resources, or another destination as the Commissioner may direct, in a sealed container for purposes of identifying the species or reporting the presence of the species;
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(iii) when being transported for disposal as part of a harvest or control activity under a permit issued by or as specified by the Commissioner;
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(iv) when a specimen has been lawfully acquired dead and, in the case of plant species, all seeds are removed or are otherwise secured in a sealed container;
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(v) in the form of herbaria or other preserved specimens;
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(vi) when being removed from watercraft and equipment, or caught while fishing, and immediately returned to the water from which they came; or
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(vii) as the Commissioner may otherwise prescribe by order.
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(3) The Commissioner, his or her designees, or any warden authorized to enforce this Chapter, may seize or dispose of all specimens of prohibited exotic species unlawfully possessed, imported, purchased, sold, propagated, transported, or introduced into the ceded territory by members.
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(f) Except as otherwise provided in this Chapter, pursuant to a special permit issued by the Commissioner, or as otherwise permitted by controlling law, no member shall place or introduce any exotic species within the ceded territory.
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(g) No member who allows or causes the introduction of a wild animal that is an exotic species shall fail to notify the Commissioner, the Commission, or a warden authorized to enforce this Chapter within 48 hours after learning of the introduction. The member shall make every reasonable attempt to recapture or destroy the introduced animal.
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(h)
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(1) No member shall transport aquatic macrophyte on any state forest road or any other public road except as provided in this subsection. For the purposes of this Chapter, the term "aquatic macrophyte" means a nonwoody plant, either a submerged, floating leafed, floating, or emergent plant that naturally grows in water or hydric soils.
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(2) Unless otherwise prohibited by law, a member may transport aquatic macrophytes:
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(i) that are duckweed in the family Lemnaceae;
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(ii) for disposal as part of a harvest or control activity conducted under an aquatic plant management permit issued by the Commissioner or as otherwise specified by the Commissioner;
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(iii) for purposes of constructing shooting or observation blinds in amounts sufficient for that purpose, provided the aquatic acrophytes are emergent and cut above the waterline;
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(iv) when legally purchased or traded by or from commercial or hobbyist sources for aquarium or ornamental purposes;
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(v) that are legally harvested if in a motor vehicle;
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(vi) to the Department of Natural Resources, or another destination as the Commissioner may authorize, in a sealed container for purposes of identifying a species or reporting the presence of a species;
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(vii) when transporting an aquatic plant harvester used in a properly authorized harvest or control activity to a suitable location for purposes of cleaning any remaining aquatic macrophytes;
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(viii) that are legally harvested wild rice; or
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(ix) in the form of fragments of emergent aquatic macrophytes incidentally transported in or on watercraft or decoys used for waterfowl hunting during the waterfowl season.
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(i)
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(1) No member shall place or attempt to place into waters of the ceded territory a watercraft, trailer, or plant harvesting equipment that has aquatic macrophytes, zebra mussels, or prohibited exotic species attached. A warden authorized to enforce this Chapter may order:
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(i) the removal of aquatic macrophytes or prohibited exotic species from a trailer or watercraft before it is placed into waters of the ceded territory;
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(ii) confinement of the watercraft at a mooring, dock, or other location until the watercraft is removed from the water; and
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(iii) removal of a watercraft from waters of the ceded territory to remove prohibited exotic species if the water has not been designated by the Commissioner as being infested with that species.
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(2) No member shall fail to obey an order of a duly authorized warden to remove prohibited exotic species from any watercraft, trailer, or plant harvesting equipment.
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(j) For the purposes of this section, the term "watercraft" means a contrivance used or designed for navigation on water and includes seaplanes.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 3.06A.
§ 4028. Scientific Investigation.
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(a) The Commissioner may conduct or authorize the Commission's Biological Services Division to conduct investigations of wild animals and wild plants in order to develop scientific information relating to population, reproduction, distribution, habitat needs, and other biological data in order to advise the Band on conservation measures designed to ensure the continued ability of wild animals and wild plants to perpetuate themselves, in accordance with the provisions in the final decree in Mille Lacs Band v. State of Minnesota, No. 3-94-1226 (D. Minn.) regarding scientific investigations.
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(b) The Commissioner may for scientific purposes engage in or authorize the Commission's Biological Services Division to engage in the harvest of protected wild animals or wild plants on such terms and conditions as the Commissioner deems appropriate.
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(c) The Commissioner may consult the State Department of Natural Resources and appropriate Federal Agencies to facilitate coordination and data comparability of scientific investigations.
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(d) The Commissioner, with the approval of a majority of the Bands, may restrict hunting, fishing and gathering by Band members in order to facilitate scientific investigations undertaken under this section or by the State Department of Natural Resources or the Federal Government.
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(e) No member shall tag or otherwise mark a live fish for identification without a permit from the Commissioner.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 3.07.
§ 4029. Seasons.
No member shall engage in the exercise of treaty rights regulated by this Chapter, except during the respective seasons established pursuant to this Chapter.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 3.08.
§ 4030. Possession of Wild Plants or Wild Animals Taken During Closed Season.
No member shall have in his or her possession or under his or her control at any time any wild plant or wild animal, or the carcass or any part thereof, showing that the same has been taken during the closed season for such plant or animal.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 3.09.
§ 4031. Bag Limits; Possession Limits.
No member shall have in his or her possession or under his or her control any wild plant or wild animal in excess of the bag or possession limits or above or below the size limits established by this Chapter.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 3.10.
§ 4032. Sharing of Permits and Tags.
Except as otherwise provided in this Chapter, no member shall lend, share, give, sell, barter or trade, or offer to lend, share, give, sell, barter or trade to any person any identification document, permit or tag issued pursuant to this Chapter.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 3.12.
§ 4033. Harvesting with Another's Permit Prohibited.
Except as otherwise provided in this Chapter, no member shall hunt, fish, trap or gather any wild animal or wild plant while in possession of any permit or tag issued to another.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 3.13.
§ 4034. Shining Animals.
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(a) Definitions. As used in this Chapter:
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(1) "Flashlight" means a battery operated light designed to be carried and held by hand.
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(2) "Light" includes flashlights, automobile lights and other lights.
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(3) "Shining" means the casting of rays of light on a field, forest, or other area for the purpose of illuminating, locating or attempting to illuminate or locate wild animals.
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(b) Presumption. A person casting rays of light on a field, forest or other area which is frequented by wild animals is rebuttably presumed to be shining wild animals.
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(c) Shining Wild Animals While Hunting or Possessing Weapons Prohibited.
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(1) Prohibition. Except as otherwise provided in subparagraph (2), no member shall use or possess with intent to use a light for shining wild animals while the member is hunting or in possession of a firearm, bow and arrow or crossbow.
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(2) Exceptions. This subparagraph shall not apply to:
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(i) a member who possesses a flashlight or who uses a flashlight at the point of kill while hunting on foot pursuant to the express provisions of this Chapter which allow shining during the open season for the animals hunted;
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(ii) a person authorized to enforce the provisions of this Chapter on official business;
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(iii) an employee of the Band or the Commission on official business;
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(iv) a person authorized by the Band or the Commission to conduct a game census; or
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(v) a member engaged in hunting authorized by § 5059 of this Chapter.
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(d) Shining Wild Animals After 10 P.M. During Certain Times of the Year Prohibited.
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(1) Prohibition. Except as otherwise provided in subparagraph (2), no member shall use or possess with intent to use a light for shining wild animals between 10 p.m. and 7 a.m. from Labor Day through December 31.
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(2) Exceptions. This subsection shall not apply to:
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(i) a member who possesses a flashlight or who uses a flashlight at the point of kill while hunting on foot pursuant to the express provisions of this Chapter which allow shining during the open season for the animals hunted;
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(ii) a member who possesses a flashlight or who uses a flashlight while on foot and training a dog to track or hunt raccoons, foxes or unprotected animals, provided that the members may only have blank cartridges or shells in personal possession;
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(iii) a person authorized to enforce the provisions of this Chapter on official business;
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(iv) an employee of the Band or the Commission on official business;
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(v) a person authorized by the Band or the Commission to conduct a game census;
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(vi) if the Commissioner specifically permits a member to use or possess a light for shining wild animals during these times;
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(vii) a member engaged in hunting authorized by § 5059 of the Chapter; or
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(viii) a member engaged in fishing authorized by § 5166 of this Chapter.
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Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 3.14.
§ 4035. Duties on Accidental Shooting.
Any member who, while hunting any wild animal, discharges a firearm or arrow, and thereby injures or kills another person, shall forthwith give his or her name and address to such person if injured and render assistance to him or her as may be necessary and obtain immediate medical or hospital care, and shall immediately thereafter report such injury or death to the proper law enforcement authorities.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 3.15.
§ 4036. Failure to Report Hunting Accident.
Every member who shall have caused or been involved in an accident in which another person has been injured by gunfire or by arrow while hunting or trapping, or shall have inflicted an injury upon himself or herself with a firearm or arrow while hunting or trapping, shall render or cause to be rendered a report to the Department of Natural Resources within ten (10) days after such injury.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 3.16.
§ 4037. Hunter Education Requirements and Restrictions on Hunting by Members Under 14 Years of Age.
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(a)
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(1) Certificate of Accomplishment Required. Except as provided in subparagraph (2), no member born on or after January 1, 1977 may hunt while possessing a firearm, bow and arrow or crossbow unless the member has been issued a certificate of accomplishment under a Band hunter education and firearm safety course.
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(2) Exceptions. A member may hunt while possessing a firearm, bow and arrow or crossbow without having been issued a certificate of accomplishment from a Band hunter education and firearm safety course when:
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(3) the member has a certificate, license or other evidence indicating that he or she has completed a hunter safety course offered by another tribe, state or province and the course is substantially similar to the Band's hunter safety course; or
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(4) the member has successfully completed basic training in the U.S. Armed Forces, Reserves or National Guard.
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(b) Additional Restrictions on Hunting by Members Under 14 Years of Age.
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(1) Persons Under 12 Years of Age. No member under 12 years of age may hunt while possessing a firearm, bow and arrow or crossbow unless authorized by the Department of Natural Resources.
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(2) Persons Under 14 Years of Age. No member under 14 years of age may hunt while possessing a firearm, bow and arrow or crossbow unless he or she is accompanied by a parent, guardian or other adult member designated by a parent or guardian.
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(3) Parental Obligation. No parent, guardian or member shall authorize or knowingly permit or encourage a member under 14 years of age to violate this section.
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Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 3.17.
§ 4038. Hunting While Intoxicated.
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(a) No member shall hunt with a firearm, bow and arrow or crossbow while under the influence of an intoxicant or controlled substance to a degree that the member is incapable of safely using such weapon, or while a member has a blood alcohol concentration of 0.1% or more by weight of alcohol in the member's blood or 0.1 grams or more of alcohol in 200 liters of that person's breath.
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(b) A member hunting with a firearm, bow and arrow, or crossbow shall take or submit to a blood or breath test to determine the amount (if any) of intoxicant or controlled substance present if:
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(1) the member has been lawfully issued a citation for violating § 4038(a);
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(2) the member has been involved while hunting in an accident resulting in property damage, personal injury, or death;
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(3) the member has refused to take a preliminary screening breath test; or
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(4) a preliminary screening breath test was administered and indicated an alcohol concentration of 0.1% or more.
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(c) If a member refuses to take a test required under § 4038(b), the Band shall impose a civil penalty of $500 and prohibit the member from hunting for one year.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 3.18.
§ 4039. Resisting Conservation Wardens.
No member shall assault or otherwise resist or obstruct any law enforcement officer authorized to enforce the provisions of this Chapter in the performance of duty.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 3.19.
§ 4040. False Impersonation of Warden.
No member shall falsely represent himself or herself to be a law enforcement officer authorized to enforce the provisions of this Chapter, or shall assume to act as such an officer, without having been first duly appointed.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 3.20.
§ 4041. General Restrictions on Hunting.
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(a) No member shall hunt on private lands unless those lands are open to the general public for hunting by operation of state law.
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(b) Color of Clothing. No member shall hunt any wild animal except waterfowl unless at least 50% of the member's outer clothing above the waist is of a highly visible color commonly referred to as hunter orange, blaze orange, fluorescent orange, flame orange, or fluorescent blaze orange while hunting in a state hunting zone during the annual state firearm (not muzzle-loader) deer season, including any extension thereof, for that zone.
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(c) Transportation of Firearms, Bows and Crossbows.
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(1) A member may not transport a firearm in a motor vehicle unless the firearm is:
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(i) unloaded and in a gun case expressly made to contain a firearm, and the case fully encloses the firearm by being zipped, snapped, buckled, tied, or otherwise fastened, and without any portion of the firearm exposed;
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(ii) unloaded and in the closed trunk of a motor vehicle; or
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(iii) a handgun carried in compliance with state law.
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(2) A person may not transport an archery bow or crossbow in a motor vehicle unless the bow is:
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(i) unstrung;
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(ii) completely contained in a case; or
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(iii) in the closed trunk of a motor vehicle.
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(d) Discharging Firearms and Bows and Arrows.
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(1) Restrictions related to highways.
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(i) A member may not discharge a firearm or an arrow from a bow or crossbow on, over, or across an improved public highway. A member may not discharge a firearm, bow or crossbow within the right-of-way of an improved public highway. The Commissioner may by order extend the application of this subsection to the taking of migratory waterfowl in designated locations.
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(ii) A person may not discharge a firearm, bow or crossbow on, over, across, or within the right-of-way of an improved public highway at a decoy of a big game animal that has been set out by a Band, State or Commission law enforcement officer.
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(2) Restrictions related to motor vehicles. A member may not take a wild animal with a firearm or bow or crossbow from a motor vehicle except that a member may do so from a stationary vehicle which is parked off of and more than 66 feet from the center of an improved two-lane highway, and 122 feet from the center of a four-lane highway, or as permitted in §§ 4041(d)(3) or (4) or 5205(b)(5) of this Chapter.
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(3) Hunting from vehicle by disabled hunters. The Department of Natural Resources may issue a special permit to discharge a firearm or bow or crossbow from a stationary motor vehicle within a roadway other than a state or federal highway to a member who is temporarily or permanently physically unable to walk without crutches, braces, or other mechanical support, or who has a physical disability which substantially limits the person's ability to walk. The holder of such a permit must shoot away from and not across the roadway.
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(4) Taking bounty animals from airplanes and snowmobiles. The Department of Natural Resources may issue a special permit, without fee, to take animals that the State pays a bounty for, from an airplane or a snowmobile.
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(e) Restrictions on Use of Bait.
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(1) No member shall place, use or hunt over bait containing or contained within metal, plastic, glass, wood or non-degradable materials.
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(2) No member shall place or hunt over bait or liquid scent within one hundred fifty (150) yards of any campsite used by the public.
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(3) No member shall use uncured swine products or honey for bait.
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(4) No member shall use any bait to hunt deer or bear unless the member places a non-degradable identification tag indicating the member's tribal affiliation and tribal identification number on the tree nearest the bait, at eye level, and directly facing the bait.
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(5) This section shall not prohibit hunting over bait materials deposited by natural vegetation or found solely as a result of normal agricultural practices.
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Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 3.21.
§ 4042. Use of Motor Vehicles to Chase Wild Animals Prohibited.
Except as permitted in § 4041(d), no member shall use a motor vehicle to intentionally drive, chase, run over, kill or take a wild animal.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 3.21(A).
§ 4043. Hunting with Aircraft Prohibited.
Except as permitted in § 4041(d)(4), no member shall hunt with the aid of an airplane, including the use of an airplane to spot, rally or drive wild animals for hunters on the ground.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 3.22.
§ 4044. Pivot Guns and Similar Devices Prohibited.
No member shall place, operate or attend, spread, or set any net (except as authorized for fishing pursuant to Chapter 9), pitfall, spring gun, pivot gun, swivel gun, springpole, deadfall or other similar contrivance for the purpose of catching or which might catch, take or ensnare wild animals.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 3.23.
§ 4045. Tampering with Equipment of Another Prohibited.
No member shall molest, disturb, tamper with or in any way otherwise interfere with any hunting, fishing, trapping or gathering equipment used, set or placed by another except with permission of the owner of the equipment or the owner or lessee of the land where the equipment is located.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 3.24.
§ 4046. Endangered and Threatened Species Protected.
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(a) No member shall take, transport, possess, process or sell any endangered and threatened species as defined in § 4011(g), except when:
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(1) the member has received a permit from the Federal or State government or the Commissioner to do so;
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(2) it is necessary to prevent injury to human life; or
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(3) the circumstances set forth in MR 6212.2200 are present.
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(b) The Commissioner may issue such permits only upon a determination that the permitted act will not be detrimental to the species, or when the circumstances set forth in MR 6212.2000 or 2100 are present. A member engaging in a permitted act under this section must display the permit upon request to any person authorized to enforce the provisions of this Chapter.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 3.25.
§ 4047. Records of Commercial Transactions Required.
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(a) Except for subsistence uses or as otherwise provided in this Chapter, no member shall sell any wild animal or wild plant, the harvest of which is regulated by this Chapter, to any person unless the member maintains a written record made within 24 hours of the transaction on forms prescribed by the Department of Natural Resources indicating the amount and type of resource involved in the transaction, the parties to the transaction, and the date of the transaction.
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(b) Records maintained pursuant to the requirement of paragraph (a), shall be forwarded monthly to the Department of Natural Resources, or its designee.
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(c) No member shall fail to comply with the reporting requirements of paragraph (b).
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 3.26.
§ 4048. Special Use Areas.
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(a) The Commissioner is authorized to identify special use areas in the Minnesota Ceded Territory, including, but not limited to designated muskie waters, designated experimental waters, fish rearing ponds, forests, forest campgrounds and day use areas, game refuges, northern pike spawning areas, parks, public water access sites, scientific and natural areas, trails, trout streams, and wildlife management areas.
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(b) The Commissioner, with the approval of a majority of the Bands, may close or prescribe other restrictions on hunting, fishing, gathering and other activities by Band members in special use areas identified pursuant to paragraph (a).
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(c) No member shall fail to comply with the closures and other restrictions established by the documents adopted pursuant to paragraph (b).
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 3.27.
§ 4049. Unprotected Species.
Except as otherwise expressly provided, nothing in this Chapter shall be construed to prohibit or regulate a member's harvest of any unprotected species, as defined in § 4011(t), in the Minnesota Ceded Territory.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 3.28.
§ 4050. Protected Species.
No member shall hunt, fish, trap or gather any of the following species: paddlefish, spoonbill catfish, wolverine, flying squirrel, timber wolf, cougar, elk, homing pigeon or any wild bird, except those species whose harvest is specifically regulated pursuant to the provisions of this Chapter.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 3.29.
§ 4051. Permissible Conduct/Assistance by Non-Members.
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(a) Conduct which is not expressly prohibited, restricted or otherwise regulated by this Chapter shall be deemed permissible.
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(b) Except as provided in paragraph (c) or as otherwise provided herein, nothing in this Chapter shall be construed to prohibit a member from hunting, fishing, trapping or gathering with any other person who is not a member of the Band, provided that such other person possesses a license or is otherwise not prohibited from engaging in the activity involved and complies with applicable laws.
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(c)
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(1) No member shall allow any person who is not a member of the Band to assist, and no such person shall assist, in the activities authorized by this Chapter except in accordance with the provisions of this subsection or as provided in paragraph (b), above.
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(2) Except as provided in paragraph (b), those persons who may assist a member shall be limited to the member's immediate family, including grandparents, parents, children, spouses and siblings.
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(3) A member may be assisted by a non-member in accordance with this paragraph (b) only if the member is physically present during the activity which constitutes assistance.
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(4) Family member "assistance" pursuant to this subsection shall be limited to the following activities, and shall not be allowed for any commercial activity:
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(i) Operation of a boat during spearing;
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(ii) Placing or lifting a net;
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(iii) Setting or lifting of attended lines during ice fishing;
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(iv) In hunting, all activities except the actual use of a firearm, bow and arrow or crossbow to kill an animal;
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(v) In trapping and snaring all activities except the setting or placement of traps and snares;
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(vi) In harvesting wild rice, all activities, and in harvesting other plants, all activities except the uprooting, cutting or removal of plant matter from its natural location;
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(vii) In harvesting frogs, turtles, mussels, crayfish and species the harvest of which are not prohibited or otherwise regulated by this Chapter, all activities except the actual use of a device to kill an animal or the specific act which reduces an animal to possession.
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Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 3.30.
§ 4052. Emergency Closures.
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(a) Notwithstanding any other provisions of this Chapter, the Commissioner is hereby authorized and empowered to order the closure of the harvest activity of any species, generally or with respect to a particular location or body of water, whenever in his or her professional opinion and judgment the continuation of the harvest is likely to result in a harvest exceeding the applicable harvest goals and quotas or may otherwise cause biological harm to the species involved.
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(b) Every reasonable effort shall be made to consult with and obtain the approval of the Bands before ordering an emergency closure, but such closure may be ordered without consultation or approval if circumstances require.
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(c) An emergency closure shall become effective immediately upon issuance or at such time or date as the closure order may direct. Such closure shall be communicated to Band members by the best and swiftest practicable method.
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(d) No member shall violate the terms, conditions, or restrictions of an emergency closure order issued pursuant to this section.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 3.31.
§ 4053. Management Units.
The Commissioner is authorized to establish and modify management units for any species in order to fulfill the purposes of this Chapter, consistent with the final decree in Mille Lacs Band v. State of Minnesota, No. 3-94-1226.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 3.32.
§ 4054. Registration Stations.
For the purposes of this Chapter, a Band registration station may include Minnesota Department of Natural Resources field stations or offices as may be designated from time to time by the Department of Natural Resources.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 3.33.
§ 4055. Transfers.
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(a) Except as otherwise provided in this Chapter, a member may transfer any wild animal lawfully harvested under this Chapter to another person, provided that the transferor of any wild animal the harvest of which is regulated under this Chapter must prepare a receipt containing the following information and give it to the recipient at the time of the transfer:
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(1) name and address of transferor;
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(2) name and address of recipient;
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(3) date of transfer;
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(4) description of item(s) transferred, including species and number; and
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(5) permit number under which the animal was taken or, if acquired by the transferor other than by taking, a description of how the animal was acquired.
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(b) A member who is a recipient of a transfer of any wild animal, the harvest of which is regulated under this Chapter, may possess such animal only if he or she receives a receipt from the transferor in accordance with paragraph (1) and retains possession of the receipt.
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(c) A receipt need not be prepared or retained if the transferor and the recipient are members of the same household and the transferred animal is stored in that household.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 3.34.
§ 4056. Removal of Signs.
No member shall remove or deface a Minnesota Department of Natural Resources sign without approval of the Minnesota Commissioner of Natural Resources. No member shall remove or deface a sign belonging to any of the Bands or the Commission without approval of the appropriate Band or the Commission.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 3.35.
§ 4057. Hunter, Trapper, and Angler Harassment Prohibited.
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(a) A member who has the intent to prevent, disrupt, or dissuade the taking of a wild animal or enjoyment of the out-of-doors may not disturb or interfere with another person who is lawfully taking a wild animal or preparing to take a wild animal. "Preparing to take a wild animal" includes travel, camping, and other acts that occur on land or water where the affected person has the right or privilege to take lawfully a wild animal.
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(b) A member who has the intent to prevent or disrupt a person from lawfully taking the animals may not disturb or engage in an activity that will tend to disturb wild animals.
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(c) A member who has intent to violate paragraph (a) or (b) may not enter or remain on public lands, or on private lands without permission of the owner.
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(d) A member must obey an order to stop the harassing conduct that violates this section from a person authorized to enforce this Chapter if such person observes the conduct. For purposes of this subsection, "harassing conduct" does not include a landowner's or lessee's action to enforce the trespass law.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 3.36.
§ 4058. Fishing and Motorboats Prohibited in Certain Areas.
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(a) Except when fishing with a permit issued under Subchapter 9 of this Chapter, no member shall fish or drive a motorboat over waters posted by the State Department of Natural Resources, the Commissioner, or the Commission that are designated as spawning beds or fish preserves.
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(b) An owner of riparian land adjacent to a posted area referred to in paragraph (a) may operate a motorboat through the area by the shortest direct route at a speed of not more than five miles per hour.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 3.37.
§ 4059. Structures in Public Waters Prohibited.
No member shall construct or maintain a dam or other obstruction, except a boat pier over public waters, or obstruct a creek, stream, or river to prevent the passage of fish with a rack or screen, provided that nothing in this section shall prohibit the use of fish harvesting methods expressly authorized in Subchapter 9 of this Chapter.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 3.38.
§ 4060. Training Dogs.
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(a) A member may not train hunting dogs afield from April 16 to July 14 except by special permit. The Department of Natural Resources may issue a special permit to train hunting dogs afield on land owned by the trainer or on land that the owner provides written permission. The written permission must be carried in personal possession of the trainer while training the dogs.
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(b) A member training a dog afield and carrying a firearm may only have blank cartridges and shells in personal possession when the season is not open for any game bird, except as provided in paragraph (c).
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(c) The Department of Natural Resources may issue special permits to members to use firearms and live ammunition on domesticated birds or banded game birds from game farms for holding field trials and training hunting dogs.
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(d) The Department of Natural Resources may issue special permits to possess one raccoon to train dogs for raccoon hunting.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 3.39.
§ 4061. Permits to Take Animals Causing Damage.
The Commissioner may issue special permits on such terms and conditions as he deems necessary or appropriate to take wild animals that are damaging or about to damage property owned by the Band or by a Band member. The permit shall require the member to report whether the animal was killed.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 3.40.