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Minnesota Chippewa Tribe - Leech Lake Band - Tribal Code

 

Conservation Code
Chapter I. Implementing Regulations

Section 11.01. Definitions

Section 12.01. Conservation Committee

Section 12.02. Conservation Committee Duties and Responsibilities

Section 13.01. Offenses Subject to Penalties

LLOjibwe CC § 11.01
Section 11.01. Definitions

As used in this Code, the following terms shall have the meanings given to them in this section:

(1) “Conservation Committee/Commission” shall mean an eight (8) member committee constituted as set forth in Section 12.01 which shall have authority and responsibility for regulation of all matters within the Leech Lake Reservation pertaining to hunting, trapping, fishing and the gathering of wild rice, and for the enforcement of such regulations as are herein included or as may be promulgated by the Committee.

(2) “Leech Lake Reservation” shall mean all lands and waters within the exterior boundary line described in the Memorandum of Settlement and Agreement entered into with the state of Minnesota and described in the Settlement Agreement between the Leech Lake Band of Chippewa Indians and the state of Minnesota in the Federal District Court case of Leech Lake Band of Chippewa Indians-vs-Robert L. Herbst, et al.

(2-a) “Boundary Waters of the Leech Lake Reservation” shall mean those lakes, rivers and streams bisected by the exterior boundary of the Leech Lake Reservation, including the portions of which extend outside the exterior boundary line, and are identified herein:

 

NAME

COUNTY

TOWNSHIP

RANGE

 

Mississippi River

Cass/Itasca

144/145/55

25/26

 

Leech Lake River

Cass

143/144

26/27/28

 

Leech Lake

Cass

 

 

 

Boy Lake

Cass

142

27/28

 

Boy River

Cass

141/142/143

27

 

Hazel Lake

Cass

141

29

 

Steamboat Lake

Cass/Hubbard

144

31/32

 

Mud Lake

Hubbard

145

32

 

Wolf Lake

Hubbard/Beltrami

145/146

32

 

Swenson Lake

Beltrami

146

32

 

Unnamed

Beltrami

146

32

 

Pimushe

Beltrami

147/148

30/31

 

Moose Lake

Beltrami

147

30

 

Third River

Itasca

147

29

 

Squaw Lake

Itasca

149

27

 

Rice Lake

Itasca

149

27

 

Little Whitefish Lake

Itasca

149

26

 

Four Town Lake

Itasca

148/149

25/26

 

Bowstring Lake

Itasca

147

25/26

 

Taylor Lake

Itasca

147

25

(3) “Leech Lake Tribal Council or Tribal Council” shall mean the duly constituted governing body of the Leech Lake Band of Chippewa Indians.

(4) “Special Permit” shall mean a permit issued by the Conservation Committee exempting the recipient from one or more of the regulations contained herein upon a finding of the Committee that granting of the exemption will not endanger the resource.

(5) “Identification Card” shall mean an identification card issued by the Leech Lake Tribal Council which contains a full description, address and a color photograph of the recipient. Materials to be furnished by the state of Minnesota.

(6) “Band Fishing Permit” shall mean a permit issued by the Conservation Committee to a member of the Leech Lake Band of Chippewa Indians, which permit authorizes him to fish in accordance with the provisions of this Code.

(7) “Commercial Fishing Permit” shall mean a permit issued by the Conservation Committee to a member of the Leech Lake Band of Chippewa Indians.

(8) “Commercial Purpose” shall mean the taking or possession of wild animals or parts thereof for barter or sale.

(9) “Personal Use” shall mean the taking of wild game for any purpose other than commercial purposes.

(10) “Game Fish” shall include brook trout, brown trout, crappie, grayling, lake trout, large mouth bass, sauger, small mouth bass, sturgeon, sunfish, perch, walleye, muskellunge, northern pike, rainbow trout, rock bass, frogs and turtles.

(11) “Non-Game Fish” shall include buffalo fish, burbot, bullheads, carp, catfish, dogfish, gar, quillback, cisco, sheephead, suckers, tulibee, and whitefish.

(12) “Non-Band Fishing Permit” shall mean a permit issued by the Conservation Committee to an Indian who is not enrolled in the Leech Lake Band of Chippewa Indians, which permit authorizes him to fish in accordance with the provisions of this Code.

(13) “Band Hunting Permit” shall mean a permit issued by the Conservation Committee to a member of the Leech Lake Band of Chippewa Indians, which permit authorizes him to hunt and trap in accordance with the provisions of this Code.

(14) “Big Game” shall mean deer, bear, elk and moose.

(15) “Commercial Taking” shall mean the taking of any wild animal or its parts or flesh for the purpose of barter or sale of furs, pelts, hides or the flesh of such animals.

(16) “Fur Bearing Animals” shall mean beaver, mink, muskrat, otter, raccoon, fox, brush wolf, bobcat, lynx and weasel.

(17) “Migratory Birds” shall have the meaning set forth in the regulation promulgated pursuant to the Migratory Bird Treaty Act at 50 C.F.R., Part 10.

(18) “Motor Vehicles” shall mean self-propelled, motor driven vehicles.

(19) “Small Game” shall mean all wild animals and birds not defined as big game or fur bearing animals.

(20) “Non-Band Hunting Permit” shall mean a permit issued by the Conservation Committee to an Indian who is not enrolled in the Leech Lake Band of Chippewa Indians, which permit authorizes him to hunt and trap in accordance with the provisions of this Code.

(21) “Taking--Hunting--Fishing” shall include pursuing, shooting, killing, capturing, trapping, snaring, angling, and netting wild animals and all lesser acts such as intentionally disturbing, harrying, worrying or placing, setting, drawing, using any net, trap or other device to take wild animals, and includes every attempt to take, every act of assistance to any other person in taking or attempting to take wild animals.

(22) “Transport--Transportation” shall mean carrying or moving by any instrumentality, attempting to do so, or accepting or receiving wild animals for transportation or shipment.

(23) “Wild Animals” shall mean all living creatures, not human, wild by nature, endowed with sensation and power of voluntary motion, and included quadrupeds, mammals, birds, fish, amphibious reptiles, crustaceans and mollusks.

(24) “Closed Season” shall mean the period during which protected wild animals may not be taken.

(25) “Open Season” shall mean the period during which protected wild animals may be taken.

(26) “Protected Wild Animals” shall include all wild animals which are accorded some measure of protection in the time or manner of taking.

(27) “Firearm” shall mean any gun from which shot or projectile is discharged by means of an explosive, gas or compressed air.

(28) “Band Ricing Permit” shall mean a permit issued by the Conservation Committee to a member of the Leech Lake Band of Chippewa Indians, which permit authorizes him to gather wild rice in accordance with the provisions of this Code.

(29) “Paddy Rice” shall mean that wild rice crop grown in artificially constructed paddies.

(30) “Non-Band Ricing Permit” shall mean a permit issued by the Conservation Committee to an Indian who is not enrolled in the Leech Lake Band of Chippewa Indians which permit authorizes him to gather wild rice in accordance with the provisions of this Code.

(31) “Wild Rice” shall mean that rice crop which grows naturally or as a result of reseeding in the natural lakes and waters, including lakes resulting from flood control structures, of the Leech Lake Reservation and the boundary waters thereof.

Revised Draft May 30, 1991.

Leech Lake Ojibwe Conservation Code § 11.01, LLOjibwe CC § 11.01

 

LLOjibwe CC § 12.01
Section 12.01. Conservation Committee

The Conservation Committee shall consist of eight persons, five of whom shall be the current members of the Leech Lake Tribal Council and these shall be the only voting members of the Conservation Committee. One person shall be appointed to the Conservation Committee by the Minnesota Agency Superintendent, Bureau of Indian Affairs; one person shall be appointed by the Regional Director, Region 3, U.S. Fish and Wildlife Service; and one person shall be appointed by the Commissioner of the Minnesota Department of Natural Resources; provided that these three persons shall serve the Conservation Committee in an advisory capacity, shall serve indefinite terms and may not vote.

Revised Draft May 30, 1991.

Leech Lake Ojibwe Conservation Code § 12.01, LLOjibwe CC § 12.01



LLOjibwe CC § 12.02
Section 12.02. Conservation Committee Duties and Responsibilities

The Conservation Committee shall perform all duties and responsibilities and shall exercise all authority delegated to it by the Leech Lake Tribal Council by this Ordinance, including, but no limited to:

(1) Issuance of Band Fishing Permits, Non-Band Fishing Permits, Commercial Fishing Permits, Band Hunting Permits, Non-Band Hunting Permits, Band Ricing Permits, Bait Harvesting or Rice Buyer's Permits or any other type of permit authorized by these regulations.

(2) Amendment of these regulations and adoption of additional regulations as found necessary.

(3) Setting of seasons where none are specifically provided, closing or shortening existing seasons when necessary for the preservation of the resources, or extending or opening seasons when it is determined that it will not harm the resource.

(4) Setting limits on manner or amount of taking any fish, game or wild rice, when necessary for the conservation of the resource and altering limits specifically provided by these regulations.

(5) Reviewing on an annual basis or more frequently the number of each type of permit outstanding, with particular emphasis on any Commercial Permits or Special Permits which may be outstanding, to determine whether or not it is in the best interest of conservation to continue such permits.

(6) Revoking of permits under the provisions of Section 13.01.

(7) Keeping and maintaining an up-to-date and accurate list of all persons to whom each type of permit has been issued.

(8) Maintaining liaison with the Department of Natural Resources to regulate and manage the game and fish resources between Indian and non-Indian.

Revised Draft May 30, 1991.

Leech Lake Ojibwe Conservation Code § 12.02, LLOjibwe CC § 12.02




LLOjibwe CC § 13.01
Section 13.01. Offenses Subject to Penalties

The following offenses will be subject to penalties pursuant to Section 51.03, and any permit authorized by this Code may be revoked:

(1) Allowing another person to make use of a permit regardless of whether or not such person would qualify on his own to receive such a permit, except a person may take big game animals on behalf of immediate family members (mother, father, grandparents, spouse, children or legal dependent), provided said person and the immediate family member both possess valid big game permits.

(2) Taking, assisting in the taking, possession or transporting of any game prohibited in Section 32.01, or any game or fish which have been determined rare and endangered by the Committee and State of Minnesota.

(3) Wanton destruction or waste of the game, fish or wild rice of the Leech Lake Reservation.

(4) Exceeding established limits, using prohibited means or equipment, or fishing, hunting, trapping or ricing outside of established seasons.

(5) Hunting, fishing, trapping or ricing while under the influence of alcohol, drugs or narcotics.

(6) Fraud in the procurement of any permit.

(7) Carrying a loaded firearm, except a pistol on a snowmobile or other off-road vehicle while engaged in trapping during daylight hours only, in or on any moving vehicle.

(8) Hunting from a snowmobile or chasing game with a snowmobile.

(9) Hunting of wild animals by artificial lights except as otherwise specifically provided.

(10) Refusal to display the proper permit upon request of any member of the Conservation Committee, a Conservation Officer, a member of the Tribal Council, or any other person authorized by the Conservation Committee.

(11) Willful hindrance, resistance, obstruction or interference with the lawful duties of a Conservation Officer or court personnel.

(12) Failure to stop for flashing red lights.

(13) The purchase or attempt to purchase protected wild animals or parts thereof unless otherwise provided within this Code.

(14) The sale or barter or attempt to sell or barter protected wild animals or parts thereof unless otherwise provided within this Code.

(15) Any other violation of this Code not enumerated above.

Revised Draft May 30, 1991.

Leech Lake Ojibwe Conservation Code § 13.01, LLOjibwe CC § 13.01

 

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