Subchapter 9 - Fish Harvesting Regulations

Section

5161. Definitions.
5162. Open and Closed Season.
5163. Fish Available for Harvest.
5164. Fishing Permits.
5165. Seasons, Methods, Bag Limits, and Size Limits.
5166. Spearing Regulated.
5167. Dip Nets, Fyke Nets, and Seines Regulated.
5168. Gillnets Regulated.
5169. Harpooning and Archery Equipment Regulated.
5170. Setlines and Set or Bank Poles Regulated.
5171. Designated Landings May Be Required.
5172. Reporting and Monitoring.
5173. Open Water hook and Line Fishing Regulated.
5174. Ice Fishing Regulated.
5175. Possession Limit.
5176. Lake sturgeon Tagging Required.
5177. Incidental taking by Gillnet.
5178. Live Bait Restrictions.
5179. Carp Fingerlings.
5180. Fishing in Certain Locations Prohibited or Restricted.
5181. Bait Dealers regulated.
5182. Commercial Harvest of Game Fish.
5183. Commercial Harvest of game Fish Regulated.
5184. Buying and Selling Game Fish.
5185. Authorization for Closure.
5186. Special Sturgeon Regulations.


§ 5161. Definitions.

For the purpose of this Subchapter, the following terms shall be construed as follows:

  • (a) "Dip Net" means a piece of netting suspended from a round or square frame not exceeding five (5) feet in diameter or five (5) feet in width and five (5) feet in length.

  • (b) "Fyke Net" or "Trap Net" means a device constructed of netting which may employ a frame, wings or wings and leads, and which directs the movement of fish through a funnel of netting into inner hearts or built-in forebays wherein the fish are trapped by their own movement.

  • (c) "Gillnet" means any net set to capture fish by entanglement rather than entrapment.

  • (d) "Hook and Line" means a rod and reel or similar device including a tip up and hand held lines, and includes trolling.

  • (e) "Ice Fishing" means fishing through an artificial hole in the ice.

  • (f) "Net" means any dip net, fyke net, gill net or seine and when used as a verb means to fish with any of these nets.

  • (g) "Open Water Fishing" means all fishing other than fishing through an artificial hole in the ice.

  • (h) "Seine" means a net of mesh no larger than 2" stretch measure, with floats at the top and weights at the bottom, such that it hangs vertically in the water, and which is drawn through the water to capture fish by encircling them rather than entangling them.

  • (i) "Spear" means a pole tipped with a minimum of three barbed tines which are a minimum of 4-1/2" long and each tine having a barb extending perpendicular which is greater than 1/8 inch; and when used as a verb, means reducing or attempting to reduce to possession fish by means of a hand held spear or other similar device which is directed by the spearer for the purpose of impaling the target fish, and may include the use of artificial light. When used as a verb, spear shall also mean snagging for the purpose of this Chapter.

  • (j) "Set or Bank Pole" means a pole used for fishing from the banks of lakes or rivers in compliance with the provisions of § 5170 of this Chapter.

  • (k) "Setline" means a line used for fishing in compliance with the provisions of § 5170 of this Chapter.

  • (l) "Snagging" means attempting to take or reduce a fish to possession by hooking a fish in a place other than the mouth by the use of a hook and line or any other device which is not a net or spear.

  • (m) "Troll" means to fish from a motor-driven boat when the motor is running, from any boat in tow of a motor-driven boat when the motor is running, or from a sailboat when in motion.

Historical and Statutory Notes

Source:
Band Ordinance 07-97, § 9.01.

§ 5162. Open and Closed Season.

A closed season is hereby established for fishing except for the open seasons specified in this Chapter.

Historical and Statutory Notes

Source:
Band Ordinance 07-97, § 9.02.

§ 5163. Fish Available for Harvest.

The quantity of fish available for harvest pursuant to this Chapter for each twelve-month period from April 1 through March 31 shall be limited by the management measures (including closed seasons, method restrictions, bag limits and size limits) set forth herein and by any quotas established under § 5165(e) of this Chapter. All management measures and quotas shall be consistent with the court's opinions, orders and decrees in Mille Lacs Band v. State of Minnesota, No. 3-94-1226 (D. Minn.).

Historical and Statutory Notes

Source:
Band Ordinance 07-97, § 9.03.

§ 5164. Fishing Permits.

  • (a) No member shall fish pursuant to this Chapter without possessing a valid fishing permit. Such a permit may be the member’s tribal identification card required by § 4022(2) of this Chapter.

  • (b) No member shall fish with the use of a spear, except while ice fishing, or net pursuant to this Chapter without possessing a spearing or netting permit bearing the member's Band identification number and valid for the date on which and the location at which the member is spearing or netting.

Historical and Statutory Notes

Source:
Band Ordinance 07-97, § 9.04.
Band Resolution 10-02-17-03, Attach. A, § 2.a.

§ 5165. Seasons, Methods, Bag Limits, and Size Limits.

  • (a) No member shall take, catch, kill or fish for any species of fish: in excess of the bag limit; by means other than those enumerated; during other than the open season; below the minimum size limit; above the maximum size limit; or in locations other than those established by this section.

  • (b) With the exception of harvest methods for which no daily maximum harvest limit is established or for which such a limit is established by a special permit, the daily bag limits in paragraph (b) shall be the maximum numbers of the fish species permitted to be taken by one member in any one day by all fishing methods combined. However, nothing herein contained shall prevent the Commissioner from reducing bag limits or closing seasons for any species by Commissioner’s Order in the interests of conservation.

  • (c) For the purposes of bag limits, "day" shall mean a continuous 24-hour period consistent with the nature of the harvest activity involved.

  • (d) Except as provided in paragraphs (b) and (e), the following table hereby establishes the open season, permissible methods, daily bag limits and size limits for the enumerated species of fish in the identified locations.

Kind of Fish and Locality Methods Permitted Open Season (Dates are Inclusive) Bag Limit Maximum or Minimum Size Limits
1. Largemouth and Smallmouth Bass:
a. All waters Open water hook and line fishing, ice fishing (including spearing when ice fishing) Year Around 10 per person/day None
b. All waters Open water spearing subject to § 5166, and snagging Year Around 10 per person/day except as provided otherwise in § 5166 None
c. All waters Setline, set or bank pole subject to § 5170 Year Around 10 per person/day None
d. All waters All nets (except gillnets) subject to § 5167 Year Around 10 per person/day except as provided otherwise in § 5167 None
e. Waters designated in § 5168 (b) Gillnets subject to § 5168 Year Around See § 5168 None
2. Walleye:
a. All waters Open water hook and line fishing, ice fishing (including spearing when ice fishing) Year Around 10 per person/day None
b. All waters Open water spearing subject to § 5166, and snagging Year Around Established by permits issued pursuant to § 5166 Maximum of 20 inches except each fisher may take one fish 20-24 inches and one fish any size per permit
c. All waters All nets (except gillnets) subject to § 5167 Year Around Established by permits issued pursuant to § 5167 Identifiable males only prior to May 1. Maximum of 20 inches thereafter
d. All waters Setline, set or bank pole subject to § 5170 Year Around 10 per person/day None
e. Waters designated in § 5168 (b) Gillnets subject to § 5168 June 1 to March 1, except Mille Lacs lake open Year Around See § 5168 None
3. Northern Pike:
a. All waters Open water hook and line fishing, ice fishing (including spearing when ice fishing) Year Around 10 per person/day None
b. All waters Open water spearing subject to § 5166, and snagging Year Around 10 per person/day except as provided otherwise in § 5166 None
c. All waters Setline, set or bank pole subject to § 5170 Year Around 10 per person/day None
d. All waters All nets (except gillnets) subject to § 5167 Year Around 10 per person/day except as provided otherwise in § 5167 None
e. Waters designated in § 5168 (b) Gillnets subject to § 5168 June 1 to March 1 See § 5168 None
4. Lake Sturgeon:
a. St. Croix River below Taylors’ Falls Open water hook and line fishing, ice fishing (including spearing when ice fishing) June 1 to March 1 (except as provided in § 5186) 1 per person/year, all methods (except as provided in § 5186) 45-inch minimum size limit (except as provided in § 5186)
b. St. Croix River below Taylors’ Falls Open water spearing and snagging subject to § 5166 and spearing while ice fishing June 1 to March 1 (Except that 1 sturgeon per lake may be taken by all members during spring spearing and except as provided in § 5186) 1 per person/year, all methods (except as provided in § 5186) 45-inch minimum size limit (except as provided in 5186)
c. St. Croix River below Taylors’ Falls Setline, set or bank pole subject to § 5170 June 1 to March 1 (except as provided in § 5186) 1 per person/year, all methods (except as provided in § 5186) 45-inch minimum size limit (except as provided in 5186)
d. St. Croix River below Taylors’ Falls All nets (except gillnets) subject to § 5167 June 1 to March 1 (except as provided in § 5186) 1 per person/year, all methods (except as provided in § 5186) 45-inch minimum size limit (except as provided in 5186)
e. St. Croix River below Taylors’ Falls Gillnets subject to § 5168 June 1 to March 1 (except as provided in § 5186) 1 per person/year, all methods (except as provided in § 5186) 45-inch minimum size limit (except as provided in 5186)
5. Muskellunge:
a. All waters Open water hook and line fishing, ice fishing (including spearing when ice fishing) Year Around 2 per person/day 40-inch minimum size limit (except no limit when ice spearing in lakes other than Mille Lacs)
b. All waters Open water spearing subject to § 5166; and snagging Year Around Established by permits issued pursuant to § 5166 40-inch minimum size limit (except no limit in lakes other than Mille Lacs)
c. All waters Setline, set or bank pole subject to § 5170 Year Around 2 per person/day 40-inch minimum size limit
d. All waters All nets (except gillnets) subject to § 5167 Year Around Established by permits issued pursuant to § 5167 40-inch minimum size limit
e. Waters designated in § 5168(b) Gillnets subject to § 5168 June 1 to March 1 See § 5168 40-inch minimum size limit
6. Trout and Salmon (except Lake Trout):
a. All waters except spring ponds Hook and line January 1 to September 30 5 per person/day in aggregate None
b. Spring ponds Hook and line First Saturday in May to September 30 5 per person/day in aggregate None
7. Lake Trout:
a. All waters Open water hook and line fishing, ice fishing (including spearing when ice fishing), open water spearing and snagging subject to § 5166 Year Around 5 per person/day in aggregate None
8. White Bass, Rock Bass, Bluegill, Crappie, Pumpkinseed, Yellow Perch, Yellow Bass, Catfish:
a. All waters Open water hook and line fishing, ice fishing (including spearing when ice fishing), open water spearing and snagging subject to § 5166; setline, set or bank pole subject to § 5170; all nets (excluding gillnets) subject to § 5167 Year Around None None
b. Waters designated in § 5168(b) Gillnets subject to § 5168 Year Around None None
9. Cisco and Whitefish:
a. All waters Hook and line fishing, ice fishing (including spearing when ice fishing), open water spearing and snagging subject to § 5166; setline, set or bank pole subject to § 5170; all nets (excluding gillnets) subject to § 5167 Year Around None None
b. Waters designated in § 5168(b) Gillnets subject to § 5168 Year Around None None
10. Rough Fish:
a. All waters All methods unless otherwise specifically prohibited by this Chapter except gillnetting Year Around None None
b. Waters designated in § 5168(b) Gillnets subject to § 5168 Year Around None None
11. Paddlefish or Spoonbill Catfish: All waters – No Open Season

  • (1) The Commissioner his or her designee is hereby delegated the authority to implement a quota management system for the harvest of any species of fish by one or more methods, in accordance with the final decree in Mille Lacs Band v. State of Minnesota, No. 3-94-1226 (D. Minn.).

    • (2) If it becomes necessary to implement a quota management system for spearing or netting for a particular species in a particular body of water:

      • (i) The Bands shall establish the treaty quota after consultation with the State Department of Natural Resources regarding the total harvestable surplus of the species, and in accordance with the provisions of the final decree in Mille Lacs Band v. State of Minnesota, No. 3-941226 (D. Minn.) regarding fisheries management.

      • (ii) The Department of Natural Resources shall issue open water spearing and netting permits for the species, which shall set forth any daily bag limits applicable to the species in accordance with §§ 5166, 5167 and 5168 of this Chapter.

      • (iii) No Band member shall net or spear the species without possessing and complying with all terms of such a permit, or in excess of any applicable daily bag limit; and

      • (iv) All Band harvest by spearing and netting for the species shall cease once the quota is taken.

Historical and Statutory Notes

Source:
Band Ordinance 07-97, § 9.05.

§ 5166. Spearing Regulated.

  • (a) Except while ice fishing, no member shall use or possess any spear on any body of water unless the member possesses a valid permit authorizing the use of a spear on that body of water.

  • (b) The Department of Natural Resources may issue an open water spearing permit to a member provided:

    • (1) An open season exists for the species to be fished;

    • (2) The permit shall be valid for no more than 1 day for the spearing of walleye, muskellunge, sturgeon and other game fish;

    • (3) The permit sets forth the respective daily bag limits, as determined by the Commissioner, for walleye and muskellunge, and for any other species if a quota management system has been implemented under § 5165(e) of this Chapter for that species;

    • (4) If a quota management system for a species has been implemented under § 5165(3) of this Chapter, the respective number of game fish spearing permits which may be issued at any one time by all Bands shall not exceed the treaty quota divided by the respective daily bag limit for the species;

    • (5) The permit designates the body of water for which the permit is valid;

    • (6) No spearing permit issued pursuant to this section and no netting permit issued pursuant to §§ 5167 or 5168 of this Chapter shall be simultaneously valid for any body of water except for Mille Lacs Lake;

    • (7) The permit requires the member's signature; and

    • (8) The Department of Natural Resources may impose such other terms and conditions as it deems necessary or appropriate, including biological monitoring requirements appropriate to the level of harvest activity on any body of water.

  • (c) The Department of Natural Resources may issue an ice spearing permit provided an open season exists for the species to be fished. The permit shall require the member's signature and may incorporate such other terms and conditions as the Department deems necessary or appropriate.

  • (d) No member shall fish by the use of a spear contrary to the terms and conditions of any spearing permit which has been issued to him or her.

  • (e) No member shall fish with the use of a spear which does not meet the requirements of § 5161(i) [Spear Defined] of this Chapter.

  • (f) No member shall possess any fish harvesting devices other than a spear while engaged in open water spearing.

  • (g) No member shall share spearing equipment with any person who is not a member of one of the Bands, except as provided in § 4051 [Permissible Conduct/Assistance by Non-Members] of this Chapter.

  • (h) The Department of Natural Resources shall not issue a permit for spearing a particular species of fish in a particular body of water under this section if the treaty quota for that species has been taken in that body of water or if that body of water is otherwise closed to spearing.

  • (i) The Department of Natural Resources shall not issue an open water spearing permit under this section for game fish unless a monitor(s) will be present at the landing(s) to monitor the spearing harvest.

Historical and Statutory Notes

Source:
Band Ordinance 07-97, § 9.06.

§ 5167. Dip Nets, Fyke Nets and Seines Regulated.

  • (a) Except while netting for minnows pursuant to § 5181(c) of this Chapter no member shall use or possess any dip net, fyke net or seine on any body of water unless the member possesses a valid permit authorizing the use of a dip net, fyke net or seine on that body of water.

  • (b) The Department of Natural Resources may issue a dip netting, fyke netting or seining permit, provided:

    • (1) An open season exists for the species to be fished;

    • (2) The permit shall be valid for no more than 1 day;

    • (3) The permit sets forth the respective daily bag limits, as determined by the Commissioner, for walleye and muskellunge, and for any other species if a quota management system has been implemented under § 5165(e) of this Chapter for that species;

    • (4) If a quota management system for a species has been implemented under § 5165(e) of this Chapter, the respective number of netting permits issued by all Bands shall not exceed the remaining treaty quota divided by the respective daily bag limit for the species;

    • (5) Netting for all species with dip nets, fyke nets or seines is limited to one body of water for the duration of the permit;

    • (6) No netting permit issued pursuant to this section, no gillnetting permit issued pursuant to § 5168 of this Chapter and no spearing permit issued pursuant to § 5166 of this Chapter shall be simultaneously valid for any body of water except Mille Lacs Lake;

    • (7) The permit shall require that all nets authorized comply with appropriate marking and safety requirements;

    • (8) The permit requires the member's signature;

    • (9) Permits issued pursuant to § 5181 [Bait Dealers Regulated] of this Chapter shall be governed by the provisions of that section; and

    • (10) The Department of Natural Resources may impose such other terms and conditions as it deems necessary or appropriate, including biological monitoring requirements appropriate to the level of harvest activity on any body of water.

  • (c) No member shall fish by the use of a dip net, fyke net or seine contrary to the terms and conditions of any netting permit which has been issued to him or her.

  • (d) No member shall fish with the use of a dip net, fyke net or seine which does not meet the requirements of § 5161(a) [Dip Net Defined], § 5161(b) [Fyke Net Defined], or § 5161(h) [Seine Defined] of this Chapter.

  • (e) Except while netting for minnows pursuant to § 5181 of this Chapter, no member shall possess any fish harvesting device other than a dip net, fyke net or seine while engaged in netting under this section.

  • (f) No member shall share netting equipment authorized under this section with any person who is not a member of one of the Bands, except as provided in § 4051 [Permissible Conduct/Assistance by Non-Members] of this Chapter.

  • (g) The Department of Natural Resources shall not issue a permit for netting a particular species of fish on a particular body of water under this section if the treaty quota for that species has been taken in that body of water or if that body of water is otherwise closed to netting.

  • (h) The Department of Natural Resources shall not issue a permit for dip net, fyke net, or seine under this section unless a monitor(s) will be present at the landing(s) to monitor the dip net, fyke net, or seine harvest.

Historical and Statutory Notes

Source:
Band Ordinance 07-97, § 9.07.

§ 5168. Gillnets Regulated.

  • (a) No member shall use or possess any gillnet on any body of water unless the member possesses a valid permit authorizing the use of a gillnet on that body of water.

  • (b) The Department of Natural Resources may issue a gillnetting permit for: any lake in excess of 1,000 acres; Ogechie, Onamia or Shakopee Lakes; approximately five miles of the Rum River connecting these lakes; Grindstone Lake; Lake Eleven; Pine Lake; Razor Lake; South Stanchfield Lake; Whitefish Lake; and the 20 miles of the St. Croix River downstream from the point where the river commences as the border between Minnesota and Wisconsin, provided:

    • (1) An open season exists for the species to be fished;

    • (2) The permit shall be valid for no more than 1 day for any species of game fish;

    • (3) The permit sets forth the respective daily bag limits for all species which can be harvested with gillnets under § 5165(d) of this Chapter, and/or other management measures to control the harvest of such species or any other species that might be harvested incidentally, including without limitation restrictions on the length, depth or bar size of nets, soak times, or location of harvest, as determined by the Commissioner in accordance with the provisions in the final decree in Mille Lacs Band v. State of Minnesota, No. 3-94-1226 (D. Minn.), regarding fisheries management.

    • (4) Except as provided in paragraph (m), any number of permits may be issued at any one time for any lake but the total length in feet of all gillnets authorized for all permits issued by all Bands on any one lake shall not exceed the number of walleye remaining available for harvest in that lake multiplied by 10;

    • (5) Gillnetting for all species is limited to one body of water for the duration of the permit;

    • (6) No gillnetting permit issued pursuant to this section, no spearing permit issued pursuant to § 5166 of this Chapter or netting permit issued pursuant to § 5167 of this Chapter shall be simultaneously valid for any body of water except Mille Lacs Lake;

    • (7) The permit requires the member's signature;

    • (8) Except as provided in paragraph (m), the permit shall establish the location of where the net is set and time the net shall be lifted. No permit shall be issued unless a monitor is available at the time the net is lifted.

    • (9) Except as provided in Subs. (2c) and (13), the maximum length, depth and bar size of a gillnet shall be as follows:

Dates Maximum Allowable Length Maximum Depth Maximum Bar Size
Year Round 100 feet 4 feet 1.75 inches

  • (10) The Department of Natural Resources or the Commission may impose such other terms and conditions as it deems appropriate or necessary, including such biological monitoring requirements appropriate to the level of harvest activity on any body of water.

  • (c) No member shall fish by the use of a gillnet contrary to the terms and conditions of any gillnetting permit which has been issued to him or her.

  • (d) No member shall fish with the use of a gillnet which does not meet the requirements of § 5161(c) [Gillnet Defined] of this Chapter.

  • (e) No member shall possess any fish harvesting device other than a gillnet while engaged in gillnetting under this section.

  • (f) No member shall share gillnetting equipment authorized under this section with any person who is not a member of one of the Bands, except as provided in § 4051 [Permissible Conduct/Assistance by Non-Member] of this Chapter.

  • (g) Where an annual treaty quota for any fish species as described in § 5163 of this Chapter has been taken on a body of water by any method or combination of methods, no gillnetting under this section may take place on that body of water until the following fishing year.

  • (h) No member shall fish with any gillnet unless the gillnet is marked in compliance with the following provisions:

    • (1) Each gillnet shall be marked with two flags or floats, one on each end;

    • (2) Each flag pole shall be two feet or more above the water and have a diameter of two-and-one-half inches or less;

    • (3) Each flag shall be white and ten inches square or larger; or

    • (4) Each float shall be visible from shore;

    • (5) A net shall have attached securely to it an identification tag issued by the Department of Natural Resources showing the band member's identification number.

  • (i) No member shall set a gillnet in open water with a topline within 3 feet of the water's surface unless the gillnet is buoyed at 100 foot intervals.

  • (j) No member shall set any gillnet in an unsafe manner which shall unreasonably expose boaters and other users of the lake to a foreseeable risk of imminent bodily harm or property damage, or contrary to such other restrictions as the Department of Natural Resources may require.

  • (k) No member shall remove a gillnet from a lake without first removing from the gillnet and returning all crayfish to the water or killing all crayfish entangled in the gillnet.

  • (l) Except as otherwise provided in paragraph (b)(3), no member shall fail to lift any gillnet at least two times in each continuous 24-hour period during which the net is set, or more frequently as water temperatures may require so as to avoid the spoilage of any fish taken by the net.

  • (m) Notwithstanding the provisions of paragraphs (b)(4), (b)(8) and (b)(9), the Department of Natural Resources may issue a permit for gillnetting ciscos (tullibees) on such terms and conditions as it deems necessary or appropriate, provided that at a minimum all other provisions of this section shall otherwise apply to cisco gillnetting permits.

Historical and Statutory Notes

Source:
Band Ordinance 07-97, § 9.08.
Band Resolution 08-01-70-98.

§ 5169. Harpooning and Archery Equipment Regulated.

  • (a) Harpooning equipment may not be used within 1,000 feet of an established swimming beach. Harpooning equipment may be discharged only when both the equipment and the operator are entirely beneath the surface of the water and may not be carried in a cocked position while out of the water.

  • (b) Archery equipment may not be used to take rough fish unless the arrows are tethered or controlled by an attached line. The use of crossbows is prohibited.

Historical and Statutory Notes

Source:
Band Ordinance 07-97, § 9.08A.

§ 5170. Setlines and Set or Bank Poles Regulated.

  • (a) No member shall fish with or set any setline or set or bank poles except in accordance with the following provisions:

    • (1) A maximum of 20 set or bank poles and 1 setline may be used in no more than 3 bodies of water at any one time.

    • (2) Setlines shall be marked at one end by a white flag ten inches square or larger held by a pole three feet or more above the surface of the water or bank; the pole shall not be more than two-and-one-half inches in diameter and, if a buoy is used to hold the pole, it shall be round or ovate in shape and have a diameter of fifteen inches or less; the pole shall not be placed in the main channel of any navigable waterway.

    • (3) Each set or bank pole and each setline shall have attached securely to it a legible identification tag issued by the Tribe showing the member's tribal affiliation and tribal identification number.

    • (4) Setlines or set or bank poles shall not be equipped with stainless steel hooks.

    • (5) A set or bank pole may not be equipped with more than one line which shall not have more than 2 hooks.

    • (6) A setline shall not have more than 10 hooks.

    • (7) Each set or bank pole and setline shall be lifted and the catch removed at least once each day following the day it was set.

    • (8) Set or bank poles and setlines may only be set, attended or lifted from one hour before sunrise to one-half hour past sunset.

    • (9) The Department of Natural Resources may impose such other terms and conditions as it deems appropriate or necessary, including such biological monitoring requirements appropriate to the level of harvest activity on any body of water.

  • (b) No member shall fish with any set or bank pole or setline which does not meet the requirements of § 5161(j) [Set or Bank Pole Defined] or § 5161(k) [Setline Defined] of this Chapter.

  • (c) No member shall possess any fish harvesting device other than a set or bank pole or setline while setting, lifting or attending a set or bank pole or setline.

  • (d) No member shall share any set or bank pole or setline with any person who is not a member of one of the Bands, except as provided in § 4051 [Permissible Conduct/Assistance by Non-Members] of this Chapter.

Historical and Statutory Notes

Source:
Band Ordinance 07-97, § 9.09.

§ 5171. Designated Landings May Be Required.

  • (a) In issuing spearing or netting permits pursuant to §§ 5166, 5167 or 5168 of this Chapter, the Department of Natural Resources may require permittees to use only designated landings for entering upon and exiting from a body of water.

  • (b) When so required, no member shall enter upon or exit from a body of water except at such landings designated by the Department of Natural Resources pursuant to paragraph (a).

  • (c) Notwithstanding the provisions of paragraphs (a) and (b), a member may exit from a body of water at a location other than a designated landing when necessitated by weather conditions, considerations of personal safety or other appropriate circumstances.

Historical and Statutory Notes

Source:
Band Ordinance 07-97, § 9.10.

§ 5172. Reporting and Monitoring.

  • (a) No member shall fail to complete catch reports in the manner required by the Department of Natural Resources or comply with any catch monitoring requirements imposed by the Department with respect to any fishing method authorized by this Chapter.

  • (b) The Department of Natural Resources shall issue no further permits under this Chapter to any member who has failed to complete and return any creel census questionnaire or other catch report required by paragraph (a).

  • (c) In the event that a member fails to report or return a census questionnaire, the Department of Natural Resources shall count the total number of fish allowed by that member's permit against the treaty quota/harvest until such report or census questionnaire is completed and returned in compliance with this section.

Historical and Statutory Notes

Source:
Band Ordinance 07-97, § 9.11.

§ 5173. Open Water Hook & Line Fishing Regulated.

  • (a) Except as provided in § 5170 [Setlines and Set or Bank Poles Regulated] of this Chapter, no member shall:

    • (1) Engage in open water fishing by the use of hook and line with more than six lines with a maximum of two hooks or lures per line; or

    • (2) Engage in open water fishing by the use of any hook and line which is physically unattended for a period of more than one hour.

  • (b) Any member engaged in open water fishing by use of any unattended hook and line shall attach to such line a visible identification tag issued by the member's Tribe showing the member's tribal affiliation and tribal identification number.

  • (c) Nothing in this Chapter shall be construed to prohibit any member from trolling on any body of water while engaged in open water fishing by the use of hook and line.

Historical and Statutory Notes

Source:
Band Ordinance 07-97, § 9.12.

§ 5174. Ice Fishing Regulated.

  • (a) No member shall ice fish by the use of hook and line through a hole larger than 12 inches in diameter.

  • (b) No member shall ice fish by the use of a spear through a hole larger than 24 inches by 36 inches.

  • (c) No member shall ice fish with unattended lines.

  • (d) No member shall ice fish within an ice fishing house or other enclosure, unless the enclosure is equipped with a latch which will permit the door to be readily opened from the outside at all times while the house is occupied.

  • (e) No member shall place, maintain or use a house or other enclosure for ice fishing on any body of water unless the owner's name and address or the owner's driver’s license number and a durable license tag supplied by the Department of Natural Resources is clearly displayed on the outside of the house.

  • (f) No member shall fail to remove an ice fishing house or other enclosure from any body of water on or before March 1 or as otherwise determined by the Department of Natural Resources except that portable shelters may be used while ice fishing after that date provided the portable shelter is removed daily from the ice.

  • (g) No member shall share any ice fishing gear, including any spear, with any person who is not a member of one of the Bands except as provided in § 4051 [Permissible Conduct/Assistance by Non-Members] of this Chapter.

  • (h) Uncovered holes through the ice must be marked in a manner prescribed by the Department of Natural Resources. Signs indicating winter ice dangers shall bear a two-inch wide orange-colored band forming an upright diamond at least 14 inches in outside height and a printed statement of the source of the danger. The signs shall completely line the perimeter of the ice hazard at intervals not exceeding 75 feet and shall be at least 48 inches above the ice.

Historical and Statutory Notes

Source:
Band Ordinance 07-97, § 9.13.

§ 5175. Possession Limit.

  • (a)

    • (1) Except as provided in paragraphs (c) and (d), no member shall have in his or her possession any number of fresh fish of any species greater than double the daily bag limit of that species.

    • (2) For the purposes of this section, "fresh" means unspoiled and never frozen once removed from a body of water.

  • (b) Except as provided in paragraphs (c) and (d), no member shall possess more than one daily bag limit of any species of fish while on any body of water or while fishing.

  • (c) The possession limits of this section shall not apply to fresh walleye lawfully taken pursuant to permits issued under §§ 5166 [Spearing], 5167 [Netting] or 5168 [Gillnetting] of this Chapter when such walleye have been monitored and counted as the permittee leaves a body of water.

  • (d) The possession limits of this section shall not apply to fresh fish tagged for sale pursuant to § 5183 of this Chapter.

Historical and Statutory Notes

Source:
Band Ordinance 07-97, § 9.14.

§ 5176. Lake Sturgeon Tagging Required.

  • (a) No member shall fail to register with the Department of Natural Resources any lake sturgeon harvested pursuant to this Chapter prior to 5:00 p.m. of the next working day following the harvest.

  • (b) Upon registering a lake sturgeon, the registering official shall firmly affix a registration tag of the locking variety to the carcass.

Historical and Statutory Notes

Source:
Band Ordinance 07-97, § 9.15.

§ 5177. Incidental Take by Gillnet.

  • (a) No member shall retain possession of any species of fish for which gillnetting is not permitted or in excess of any applicable daily bag limit, if harvested in a gillnet, and no member shall fail to either:

    • (1) Return to the water any such fish which appears capable of surviving (that is, is able to maintain itself upright), provided that tullibee shall not be returned to the water and, when water temperatures are over 50 degrees, yellow perch shall not be returned to the water; or

    • (2) Transfer possession of such fish as soon as practicable to the Department of Natural Resources or to a person authorized to enforce this Chapter.

  • (b) Any such fish transferred pursuant to paragraph (a)(2) shall be disposed of by the Band for charitable purposes but shall not be returned to the member or his or her family, as defined in § 4011(r) of this Chapter.

  • (c) Any fish take as incidental catch shall be counted toward any applicable treaty quota for that species.

Historical and Statutory Notes

Source:
Band Ordinance 07-97, § 9.16.

§ 5178. Live Bait Restrictions.

  • (a) No member shall use as live bait while fishing pursuant to this Chapter: carp, goldfish, redhorse, fresh water drum, burbot, bowfin, garfish, buffalo fish, lamprey, alewife, gizzard shad, smelt, goldeye, mooneye, carpsucker, quillback, ruffe, crayfish or other non-native or exotic species designated by the Commissioner.

  • (b) No member shall import minnows into the State of Minnesota or release any minnow or other bait fish on any waters or shores.

  • (c) No member shall use as bait while fishing in a water body pursuant to this Chapter game fish taken from another water body.

Historical and Statutory Notes

Source:
Band Ordinance 07-97, § 9.17.

§ 5179. Carp Fingerlings.

No member shall transport carp fingerlings, provided that live carp fingerlings, except grass carp, taken on Minnesota-Wisconsin boundary waters, may be transported for sale or for bait only by boat or other floating conveyance on the boundary waters where taken.

Historical and Statutory Notes

Source:
Band Ordinance 07-97, § 9.17A.

§ 5180. Fishing in Certain Locations Prohibited or Restricted.

  • (a) No member shall fish at any time within 50 yards of a Band, Commission or Minnesota Department of Natural Resources assessment net or its leads.

  • (b) No member shall fail to comply with the closures and other restrictions with respect to fish refuges and fish management experimental bodies of water established pursuant to § 4048 [Wild Animal Refuges Established] of this Chapter.

Historical and Statutory Notes

Source:
Band Ordinance 07-97, § 9.18.

§ 5181. Bait Dealers Regulated.

  • (a) No member shall set, use or operate any net or other device for taking, catching or killing minnows except as provided by this section.

  • (b) No member shall take minnows, except under special permit issued by the Commissioner, in the following waters [list lakes/streams in ceded territory from MR 6262.0400].

  • (c) Any member may take or possess less than 600 minnows by the use of any net authorized by § 5167 [Dip Nets, Fyke Nets and Seines] of this Chapter without a permit provided that while netting for minnows:

    • (1) No member shall remove or destroy vegetation, logs or habitat features;

    • (2) No member shall handle, transport or hold minnows except in a manner which will reasonably ensure the minnows will be kept alive and healthy; and

    • (3) No member shall fail to promptly return unharmed to the water all minnows not kept and all game fish caught by a net.

  • (d) No member shall take or possess more than 600 minnows at any time unless the member possesses a permit issued pursuant to paragraph (e).

  • (e) The Department of Natural Resources may issue a permit to a member authorizing the taking or possession at any time of more than 600 minnows on the following terms and conditions:

    • (1) A permit shall include the member's name, address and Band identification number;

    • (2) A permit shall specify the waters where the permit is valid and the number of nets or other devices which may be utilized at any time;

    • (3) A permit shall describe the nets or other devices authorized;

    • (4) A permit shall require that minnow traps be identified in a permanent and legible manner and display the permittee's name and address. The required information must be displayed on a waterproof tag securely attached to the trap or be branded or stamped into a permanent portion of the trap. On leech traps, the required information may also be painted on the trap with oil base paint or indelible ink. Identification on non-submerged traps must be unobscured and located above the water surface;

    • (5) A permit shall provide that a minnow trap, string of minnow traps, hoop net, or trap net, including the wings or leads, may not extend across more than one-half the width of any stream, nor be set within 50 feet in any direction of any portion of another person's minnow trap, hoop net or trap net, provided that an individual minnow trap may be placed within not less than 20 feet in any direction of any portion of another such trap, and individual submerged traps may be set up to four traps at one site, side by side, within 12 inches of one another;

    • (6) A permit shall provide that minnow traps must be lifted and emptied of minnows and other fish as frequently as necessary to prevent the loss of minnows or other fish, provided that under no circumstances may minnow traps be emptied less frequently than once every 72 hours between April 1 and October 31 and once every seven days between November 1 and March 31. All traps must be removed from the water and shoreline immediately upon ceasing trapping operations;

    • (7) A permit may be valid for no more than 12 months from the date of issuance;

    • (8) A permit shall require the member to transport, handle and hold minnows in a manner which will reasonably ensure the minnows will be kept alive and healthy;

    • (9) A permit shall require all minnows not kept and all game fish caught by the nets or other devices to be promptly returned unharmed to the water;

    • (10) A permit shall prohibit the removal or destruction of vegetation, logs and other habitat features; and

    • (11) The Department of Natural Resources may impose such other terms and conditions as it deems appropriate or necessary, including biological monitoring requirements appropriate to the level of harvest activity on any body of water.

  • (f) No member shall take or attempt to take minnows contrary to the terms and conditions of any permit issued under paragraph (e).

  • (g) Nothing in this Chapter shall be construed to prohibit a member from selling to any person minnows lawfully taken pursuant to this section, provided that the member shall comply with § 404 [Records of Commercial Transaction] of this Chapter, and provided further that vehicles used for transporting minnows for sale shall display an identification number issued by the Department of Natural Resources on the driver's door.

Historical and Statutory Notes

Source:
Band Ordinance 07-97, § 9.19.

§ 5182. Commercial Harvest of Game Fish.

  • (a)

    • (1) The provisions of this section and § 5183 of this Chapter shall not take effect until such time as the governing body of the Band specifically declares them to be effective by an enabling resolution.

    • (2) No member shall engage in the commercial harvest of any game fish prior to the effective date as declared by the governing body of the Band pursuant to paragraph (a)(1).

  • (b) At such time as the provisions of this section are declared effective pursuant to paragraph (a)(1), no member shall engage in the commercial harvest of any game fish, except in accordance with the provisions of § 5183 of this Chapter and in accordance with the terms and conditions of the Band's enabling resolution.

  • (c) Nothing in this Chapter shall be construed to prohibit any member from engaging in the commercial harvest of any fish which is not a game fish provided such harvest is consistent with all other provisions of this Chapter.

Historical and Statutory Notes

Source:
Band Ordinance 07-97, § 9.20.

§ 5183. Commercial Harvest of Game Fish Regulated.

  • (a) The purpose of this section is to establish the regulations governing the commercial harvest of game fish.

  • (b) No member shall engage in the commercial harvest of game fish without a permit authorizing such commercial harvest and tagging all fish to be sold commercially in accordance with paragraphs (c) and (d).

  • (c) The Department of Natural Resources may issue permits for the commercial harvest of game fish, which shall incorporate all provisions of this Subchapter 9, including the provisions of §§ 5166 [Spearing Regulations], 5167 [Dip Nets, Fyke nets and Seines Regulated], and 5168 [Gillnets Regulated] of this Chapter, provided that:

    • (1) the Department shall not permit the use of gillnets in any lakes other than Mille Lacs Lake from March 2 to May 31 for commercial harvests; and

    • (2) the Department may authorize the use of gillnets for commercial harvests in Mille Lacs Lake only with the following maximum length, depth and bar sizes:

Dates Maximum Allowable Length Maximum Depth Maximum Bar Size
March 2 to May 31 100 feet 4 feet 1.75 inches
June 1 to March 1 300 feet 6 feet 1.75 inches

  • (d) The Department of Natural Resources shall issue sequentially numbered tags after the fish are landed for all game fish to be sold commercially on the following conditions:

    • (1) Each whole game fish sold must be tagged prior to being sold;

    • (2) If filleted prior to sale, all fillets from a game fish must be tagged together or otherwise packaged together with one tag prior to sale. The tags shall be of the locking variety and designed so that when packaged together the tag cannot be used again.

Historical and Statutory Notes

Source:
Band Ordinance 07-97, § 9.21.
Band Resolution 10-02-17-03, Attach. A, § 2.b.

§ 5184. Buying and Selling Game Fish.

  • (a) Except for subsistence uses as defined in § 4011(r) of this Chapter, no member shall buy or sell game fish taken from waters in the Minnesota Ceded Territory unless such fish were taken in a commercial harvest permitted under § 5183(c) of this Chapter.

  • (b) A member engaged in a business providing services to a member taking fish may not prepare dressed game fish for shipment without a fish packer's license issued by the Department of Natural Resources.

  • (c) The fish packer must maintain a permanent record of:

    • (1) the name, address and license number of the shipper;

    • (2) the name and address of the consignee; and

    • (3) the number of each species and net weight of fish in the shipment.

  • (d) The license and records of the fish packer must be made available to a person authorized to enforce the provisions of this Chapter upon request.

Historical and Statutory Notes

Source:
Band Ordinance 07-97, § 9.21A.

§ 5185. Authorization for Closure.

The Commissioner, or his or her designee, shall close any body of water to fishing for any species by any harvest method which is subject to a treaty quota when such treaty quota has been taken.

Historical and Statutory Notes

Source:
Band Ordinance 07-97, § 9.23.

§ 5186. Special Sturgeon Regulations.

  • (a) The regulations set forth in this Section shall supersede the season and size restrictions and the bag limits provided by § 5165(d)(4) of this Chapter.

  • (b) On lakes with adequate population estimates for sturgeon which are subject to a quota management system on fish species referenced in § 5165(e) of this Chapter, the Department of Natural Resources may issue permits authorizing harvest of sturgeon by Band members, provided total harvest by all Bands on such lakes is limited to a quota established after consultation with the State Department of Natural Resources and in accordance with the provisions of the final decree in Mille Lacs Band v. State of Minnesota, No. 3-94-1226 (D. Minn.) regarding fisheries management, and a bag limit is incorporated in the permit.

Historical and Statutory Notes

Source:
Band Ordinance 07-97, § 9.26.