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to Table of Contents Mille
Lacs Band Statutes Annotated
Amendments received through: August 29, 2003 TITLE 11 - ENVIRONMENT, NATURAL RESOURCES, ANIMALS AND PLANTS
NATURAL RESOURCE PROTECTION CODE
Historical and Statutory Notes The Preamble of Band Statute 1162-MLC-50 provides:"It is enacted by the Band Assembly of the Non-Removable Mille Lacs Band of Chippewa Indians, for the purposes of preserving the political integrity, protecting economic security and promoting the health and welfare of Band members, a Code for the regulation and protection of natural resources which regulate all hunting, trapping, fishing and gathering of wild rice within the territories governed by the Mille Lacs Band and this Code shall be enforced against Band members and others under the jurisdiction of the Band." Band Statute 1162-MLC-50, §§ 1 and 4.12 provide: "Section 1. Scope of Amending Provision. Band Statutes 1017-MLC-7, 1030-MLC-7 are hereby repealed in their entirety and replaced by the provisions of this act." "Section 4.12. Section Headings. Section headings and titles are provided for the convenience of the reader. They are not part of the statute and do not modify the language otherwise stated." Cross References Great Lakes Indian Fish and Wildlife Compact, see 25 MLBSA § 101 [Digitizer's note: section not in digital copy] et seq.Purple loosestrife control, see Nat.Res.Comm. Orders 108-89, 133-90. Search lights (sky trackers), regulation of use, see Nat.Res.Comm. Order 172-93. Shoreland area management, see Nat.Res.Comm. Order 170-93.
SUBCHAPTER I GENERAL PROVISIONS Section As used in this chapter, the following terms shall have the meanings given to them in this section:
Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 2. Cross References
Game violations, criminal offenses, see 24
MLBSA § 1256. The Commissioner of Natural Resources shall have powers of regulation over all matters of land, air, water, environmental protections and anything and everything related to the conservation and protection of natural resources under the jurisdiction of the Mille Lacs Band of Chippewa Indians.
Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 3.Cross References Buck hunting
season, see 11 MLBSA § 2213.
The Commissioner of Natural Resources shall perform all duties and responsibilities and shall exercise all authority delegated to him by the Mille Lacs Band of Chippewa Indians by this chapter, including, but not limited to:
Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 3.01. All sections of the Mille Lacs Band Statutes Annotated and all Commissioner's Orders issued thereunder pertaining to fishing, spearing, netting, hunting, trapping, or ricing which do not by their terms apply to the off-reservation ceded territory as described by 2 MLBSA § 107 [Digitizer's note: section not in digital copy], apply only to activities undertaken on the Mille Lacs Reservation as defined by 11 MLBSA § 2001(n). Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 4.60. The Commissioner of Natural Resources is delegated the authority to promulgate by Commissioner's Order regulations controlling member fishing, spearing, netting, hunting, trapping, and ricing in the off-reservation territory as described by 2 MLBSA § 107 [Digitizer's note: section not in digital copy]. Historical and Statutory Notes Source: Band Statute 1162-MLC-50. § 4.61. Cross References
Migratory bird hunting off reservation, memorandum agreement with U.S.
Fish and Wildlife Service, see Nat.Res.Comm. Order 144-90. Any live wild animal captured by any person and which is too young, too injured, or too ill to reasonably be expected to survive if left uncared for and which cannot lawfully be killed under this chapter or any Commissioner's Order issued hereunder, shall be deemed to be under the protection of the Band and shall be reported by the finder within 24 hours of capture to the Commissioner of Natural Resources. The Commissioner shall determine the proper disposition of the animal which may include but is not limited to placement with the finder, placement with another individual or agency, return to the wild, or killing. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 13. Cross References Possession of live migratory game birds, see 11 MLBSA § 2274. Any Band member may apply for a permit, on forms prescribed by the Commissioner of Natural Resources, to take for religious or ceremonial purposes any plant or animal which it would be otherwise unlawful to take under this chapter or any Commissioner's Order issued hereunder. A permit for such taking, specifying the name and other identifying information of the permittee, the species to be taken, the sex of any animal to be taken, the locality where the taking is permitted, the dates upon which the taking is permitted, and other information deemed pertinent by the Commissioner of Natural Resources, may be issued by the Commissioner upon receipt of a completed application form and approval of the Elderly Advisory Board, the Chief Executive of the Band, and the Commissioner. No such permits may be granted if the Elderly Advisory Board determines that no bona fide religious or ceremonial purpose would be served by the taking, if the Chief Executive determines that the general interests of the tribe would be injured by the taking, or if the Commissioner determines that conservation interests would be injured by the taking. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 15. Cross References Endangered species, use for religious purposes, see Nat.Res.Comm. Order 84-88. Individual members may take naturally occurring plants for medicinal purposes without a permit. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 15.01.
SUBCHAPTER II FISHING Section Cross References Taking fish by angling off of tribal lands, see Nat. Res. Comm. Order 171-93. Every enrollee of the Mille Lacs Band of Chippewa Indians who takes fish within the Mille Lacs Reservation shall have in his or her possession a proper Band fishing license. This license must be in his or her possession whenever taking, possessing or transporting fish within the Reservation and whenever possessing or transporting fish anywhere within the United States, which fish were lawfully taken within the Reservation. Historical and Statutory Notes Source: Band Statute 1162-MLC-50. § 5. If the Commissioner of Natural Resources determines that it is in the best interest of the Mille Lacs Band of Chippewa Indians, it may issue a non-Band fishing license to any enrolled member of a federally recognized Indian tribe who is not enrolled with the Band. Such a permit must be in the possession of any such person who takes fish within the Mille Lacs Reservation or who transports or possesses fish lawfully taken on the Reservation any place within the United States. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 5.01. If the Commissioner of Natural Resources determines that it is in the best interest of the Mille Lacs Band of Chippewa Indians, it may issue non-Indian fishing licenses in numbers determined by him to be suitable. The Commissioner may also, by Commissioner's Order, establish resident and non-resident classes of non-Indian licenses. Any license issued under this section must be in the possession of the person to whom issued when taking fish within the Mille Lacs Reservation or transporting or possessing fish lawfully taken on the Reservation any place within the United States. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 5.02. Fees may also be charged by the Commissioner of Natural Resources for the issuance of the permits and licenses required by this statute. The Commissioner of Natural Resources may in his discretion charge a greater fee for a non-Band fishing license than for a Band fishing license. The Commissioner may also in his discretion charge a greater fee for a non-Indian fishing license than for a Band fishing license and may charge different fees and establish different conditions and different numbers of resident and nonresident classes of non-Indian licenses. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 5.03. No Indian shall be required to purchase or possess a Minnesota fishing license when fishing within the Mille Lacs Reservation or when possessing or transporting fish, lawfully taken within the Reservation, anywhere within the United States. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 5.04. All rules and regulations relating to the taking, possession or transportation of fish shall be as adopted in this chapter subject to amendment on an annual basis by the Commissioner of Natural Resources and all persons accepting Band, non-Band or non-Indian licenses shall be deemed to know of any such modifications, whether or not the licensee has actual knowledge. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 5.05. The following regulations are hereby imposed on the taking for personal use of game and non-game fish:
Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 5.06. Seasons for the taking of the various game species of fish may be shortened by the Commissioner of Natural Resources. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 5.07. The Commissioner of Natural Resources may in his discretion close specified lakes or spawning areas to all fishing if he determines that further fishing in such lakes or spawning areas will harm the resource, or may close such lakes or spawning areas to fishing for specified species of fish when he determines that such species will be endangered by further taking. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 5.08. There shall be no taking of any species of fish determined by the Commissioner of Natural Resources to be rare or endangered. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 5.09. Cross References Endangered and threatened species, see Nat.Res.Comm. Order 37-86. It shall be illegal for any person under the jurisdiction of the Band to participate in fishing, spearing or netting activities at any time without a valid Band permit. It shall be a civil offense for any person, of any age, to participate in any fishing, spearing, or netting activities without a valid Band permit. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 5.10. § 2112. Minors It shall be illegal for any adult under the jurisdiction of the Band over the chronological age of eighteen (18) to engage any person of a lesser chronological age in any fishing, netting, or spearing activity when said minor does not personally possess a valid permit. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 5.11.
Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 5.12. Fish may not be taken for commercial purposes within the Reservation, provided, that upon proper application the Commissioner of Natural Resources may in his discretion issue a commercial fishing permit for non-game fish species to Band members upon determination that a limited amount of commercial fishing will not harm the resource. The Commissioner of Natural Resources shall strictly regulate the manner of fishing, the type of fish taken, and the amount of the take under such a permit. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 6. All persons operating under a commercial fishing permit as provided by 11 MLBSA § 2114 shall be subject to the following regulations regarding transportation of fish:
Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 6.01.
SUBCHAPTER III HUNTING AND TRAPPING
Part A General Provisions Section Every enrollee of the Mille Lacs Band of Chippewa Indians who hunts or traps within the Mille Lacs Reservation must have in his or her possession a proper Band hunting license. This license must be in his or her possession at all times when carrying firearms within the Reservation, shooting, trapping or taking within the Reservation any small game, big game or fur bearing animals, or when possessing or transporting any place in the United States any small game, big game or fur bearing animal lawfully taken within the Reservation. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 7. If the Commissioner of Natural Resources determines that it is in the best interests of the Mille Lacs Band of Chippewa Indians, he may issue a non-Band hunting license to any Indian enrolled in a federally recognized Tribe who is not enrolled with the Mille Lacs Band. Such license must be in the possession of any such person who carries firearms on the Reservation or who shoots, traps or takes within the Reservation any small game, big game or fur bearing animal or who possesses or transports any place in the United States any small game, big game or fur bearing animal lawfully taken within the Reservation. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 7.01. If the Commissioner of Natural Resources determines that it is in the best interests of the Mille Lacs Band of Chippewa Indians, he may issue non-Indian hunting licenses in numbers determined by him to be suitable. The Commissioner may also, by Commissioner's Order, establish resident and nonresident classes of non-Indian license. Any license issued under this section must be in the possession of the person to whom issued when carrying firearms on the Reservation or when shooting, trapping, or taking within the Reservation any small game, big game or fur bearing animal or when possessing or transporting any place in the United States any small game, big game or fur bearing animal lawfully taken within the Reservation. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 7.02. Fees may be charged in the discretion of the Commissioner of Natural Resources for the issuance of licenses required under 11 MLBSA §§ 2201 and 2202. The Commissioner of Natural Resources may charge a higher fee for the issuance of a non-Band license than for a Band hunting license. The Commissioner may also in his discretion charge a greater fee for a non-Indian hunting license than for a Band hunting license and may charge different fees and establish different conditions and different numbers of resident and nonresident classes of non-Indian licenses. Historical and Statutory Notes Source:Band Statute 1162-MLC-50, § 7.03. No Indian shall be required to purchase or possess a Minnesota big game, small game or trapping license when engaged in hunting or trapping of game within the Mille Lacs Reservation or when possessing or transporting game, lawfully taken, anywhere within the United States. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 7.04 All regulations regarding the taking, possessing or transportation of small game, big game and fur bearing animals adopted in this statute are subject to amendment on an annual basis by the Commissioner of Natural Resources and all persons accepting Band, non-Band or non-Indian licenses shall be deemed to know of any such modifications, whether or not the licensee has actual knowledge. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 7.05.
Possession of a valid Band hunting license or non-Band hunting license shall be required for the taking, possession or transportation of all big game, small game and fur bearing animals. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 7.06.
There shall be no taking, possession or transportation whatsoever of bald eagle, elk, golden eagle, timber wolf or any species determined by the Commissioner of Natural Resources to be rare or endangered. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 7.07.Cross References Endangered and threatened species, see Nat.Res.Comm. Order 37-86. The small game season shall be September 1 to and including March 1. There shall be no limitation as to the season, number or manner of taking of rabbit or squirrel. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 7.08.
The taking of ruffed grouse, sharp-tailed grouse and spruce hen shall be limited to six (6) per day per person, and the possession and transportation of these types of small game shall be limited to twelve (12) at any given time. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 7.09.
The taking of deer and bear shall be limited to one (1) each per season, provided that a special license may be issued permitting the taking of one (1) additional deer upon a showing that a greater need for sustenance exists. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 8. The season for does shall be within the period of September 1 to January 31, inclusive. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 8.01. The season for bucks shall be July 1 to January 31, inclusive. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 8.02.
Each licensee will be furnished with a locking seal which shall be affixed to the deer between the tendon and bone and around the bone of the leg so that such seal cannot be removed without breaking the lock. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 8.03. The taking of elk and moose shall not be permitted; however, the Commissioner of Natural Resources may authorize a moose or elk season. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 8.04. The season for the trapping and taking of fur bearing animals shall be October 1 to and including April 30, except the taking of fox, wolves, marten and fisher, which seasons shall be determined annually by the Commissioner of Natural Resources. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 8.05. All fur bearing animals taken pursuant to these regulations and all traps used pursuant to these regulations shall bear the number of the licensee's Band or non-Band hunting license. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 8.06. When shipping furs taken under a Band or non-Band hunting license, the parcel must be plainly marked on the outside stating the name, address and license number of the shipper and kind and number of skins contained in the package. The waybill or receipt issued by any common carrier to a shipper shall specify the number and species of furs so shipped. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 8.07. Hides or pelts adapted to personal use need not carry the license number of the taker once the adaption is completed. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 8.08. There shall be no commercial taking of big game, small game or fur bearing animals with the following exceptions, for which no special commercial license is needed other than the Band or non-Band hunting license:
Historical and Statutory Notes Source: Band Statute 1162-MLC-50. § 9. There shall be no taking of any animal from moving motor vehicles, including snowmobiles. Historical and Statutory Notes Source: Band Statute 1162-MLC-50. § 10(a).
Historical and Statutory Notes Source: Band Statute 1162-MLC-50, §§ 10(b), 10.03. There shall be no hunting within 500 feet of any public campground during the season within which it is open for public use, or within 500 feet of any occupied dwelling. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 10(c). There shall be no firing down or across any public road. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 10(d.)
It shall be illegal for any person under the jurisdiction of the Band to participate in any hunting activity on trust property under the jurisdiction of the Band without a valid hunting permit. It shall be a civil offense for any person, of any age, to participate in any hunting activity without a valid permit. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 10.01.
It shall be illegal for any adult under the jurisdiction of the Band, over the chronological age of eighteen (18) to engage any person of a lesser chronological age in any hunting activity when said minor does not personally possess a valid hunting permit. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 10.02.
It shall be illegal for any person to possess any big game which is not tagged with the official hunting tag of the Band, any other federally recognized Band or Tribe on any trust property under the jurisdiction of the Band. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 10.04.
The Commissioner of Natural Resources, may shorten or lengthen the seasons provided by these regulations, may impose restrictions were none are set forth, or may close and prohibit trapping or hunting of specified species of small game, big game, or fur bearing animals, when he determines that such acts are in the best interests of the resource. The Commissioner of Natural Resources may also impose such other restrictions on manner of taking and bag limits as he deems necessary for preservation of the resource. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 12.
Part B Migratory Birds Section2261. Taking, possession, transport and export. 2262. Methods. 2263. Closed season. 2264. Shooting hours. 2265. Daily limit. 2266. Wanton waste of migratory game birds. 2267. Possession prohibited if unlawfully taken. 2268. Possession during closed season. 2269. Possession limit. 2270. Opening day of season. 2271. Field possession limit. 2272. Tagging requirement. 2273. Custody of birds of another. 2274. Possession of live birds. 2275. Termination of possession. 2276. Gift of migratory game birds. 2277. Transportation prohibited if unlawfully taken. 2278. Transportation of birds of another. 2279. Species identification requirement-Transportation. 2280. Marking package or container-Transportation. 2281. Exportation prohibited if unlawfully taken. 2282. Species identification requirement. 2283. Marking package or container-Exportation. 2284. Migratory bird preservation facility. 2285. Annual rules. Cross References Memorandum
of understanding with US Fish and Wildlife Service on taking of migratory
birds see Nat.Res.Comm. Orders 132-90, 152-92, 173-93.
Migratory birds may be taken, possessed, transported, and exported only as provided by this chapter and Commissioner's Orders issued hereunto. Migratory birds has the meaning given to it at 11 MLBSA § 2001(m). Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 11.Migratory birds on which open seasons are prescribed may be taken by any method except those prohibited in this section. No person shall take migratory game birds:
Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 11.01. Cross References Steel shot required, see Nat. Res. Comm. Order 31-85. No person shall take migratory birds except during the closed season. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 11.02. No person shall take migratory game birds except during the hours open to shooting as prescribed by annual regulations promulgated by the Commissioner of Natural Resources pursuant to 11 MLBSA § 2285. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 11.03. No person shall take in any one (1) calendar day, more than the daily bag limit or negotiate annually aggregate daily bag limit, whichever applies. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 11.04.
No person shall kill or cripple any migratory game bird pursuant to this part without making a reasonable effort to retrieve the bird and retain it in his actual custody at the place where taken or between that place and either:
Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 11.05.
No person shall at any time, by any means, or in any manner possessor have in custody any migratory game bird or part thereof taken in violation of any provision of 11 MLBSA § 2262 to 2266 or in violation of any Commissioner's Order issued under 11 MLBSA § 2285. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 11.06.
No person shall possess any freshly killed migratory game birds during the closed season. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 11.061.
No person shall possess more migratory game birds taken in the United States than the possession limit or the aggregate possession limit, whichever applies. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 11.062. No person on the opening day of the season shall possess any freshly killed migratory game birds in excess of the daily bag limit or aggregate bag limit, whichever applies. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 11.063. No person shall possess, have in custody, or transport more than the daily bag limit or aggregate daily bag limit, whichever applies, of migratory game birds, tagged or not tagged, at or between the place where taken and either:
Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 11.064. No person shall put or leave any migratory game birds at any place (other than at his personal abode), or in the custody of another person for picking, cleaning, processing, shipping, transportation, or storage (including temporary storage), or for the purpose of having taxidermy services performed, unless such birds have a tag attached signed by the hunter stating his address, the total number and species of birds, and the date such birds were killed. Migratory game birds being transported in any vehicle as the personal baggage of the processor shall not be considered as being in storage or temporary storage. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 11.065. § 2273. Custody of birds of another No person shall receive or have in custody any migratory game birds belonging to another person unless such birds are tagged as required by 11 MLBSA § 2272. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 11.066. Every migratory game bird wounded by hunting and reduced to possession by the hunter shall be immediately killed and become a part of the daily bag limit. No person shall at any time or by any means possess or transport live migratory game birds taken under authority of this Part, except as provided by 11 MLBSA § 2006. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 11.067. Subject to all other requirements of this Part, the possession of birds taken by any hunter shall be deemed to have ceased when such birds have been delivered by him to another person as a gift; or have been delivered by him to a post office, a common carrier, or a migratory bird preservation facility as defined by 11 MLBSA § 2284 and consigned for transport by the Postal Service or a common carrier to some person other than the hunter. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 11.068. No person may receive, possess, or give to another any freshly killed migratory game birds as a gift, except at the personal abode of the donor or donee, unless such birds have a tag attached signed by the hunter who took the birds stating such hunter's address, the total number and species of birds, and the date such birds were taken. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 11.07. No person shall at any time, by any means, or in any manner transport any migratory game bird or part thereof taken in violation of any provision of 11 MLBSA §§ 2262 to 2266, or in violation of any Commissioner's Order issued under 11 MLBSA § 2285. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 11.071. No person shall transport migratory game birds belonging to another person unless such birds are tagged as required by 11 MLBSA § 2272. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 11.072. No person shall transport within the United States any migratory game birds, except doves and band-tailed pigeons (Columba fasciata), unless the head or one fully feathered wing remains attached to each such bird at all times while being transported from the place where taken until they have arrived at the personal abode of the possessor or a migratory bird preservation facility. Historical and Statutory Notes Source: Band Statute 1162-MLC-50 § 11.073. No person shall transport by the Postal Service or a common carrier migratory game birds unless the package or container in which such birds are transported has the name and address of the shipper and the consignee, and an accurate statement of the numbers of each species of birds therein contained clearly and conspicuously marked on the outside thereof Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 11.074. No person shall at any time, by any means, or in any manner export or cause to be exported any migratory game bird or part thereof taken in violation of any provision of 11 MLBSA §§ 2262 to 2266, or in violation of any Commissioner's Order issued under 11 MLBSA § 2285. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 11.08. No person shall export migratory game birds unless one fully feathered wing remains attached to each such bird while being transported from the United States and/or any of its possessions to any foreign country. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 11.081. No person shall export migratory game birds via the Postal Service or common carrier unless the package or container has the name and address of the shipper and the consignee, and an accurate statement of the number of each species of birds therein contained clearly and conspicuously marked on the outside thereof. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 11.082. "Migratory Bird Preservation Facility" means:
Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 11.09. § 2285. Annual rules The Commissioner of Natural Resources is delegated the authority to promulgate annual rules pertaining to seasons, bag limits, possession limits, and hunting hours for the on-reservation migratory bird season and the off-reservation migratory bird season in the territories defined by 2 MLBSA § 107 [Digitizer's note: section not in digital copy]. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 11.10.
SUBCHAPTER IV WILD RICE Section Cross References Explosives, use to remove obstructions to water flow on wild rice beds, see Nat. Res. Comm. Order 56-87. Every enrollee of the Mille Lacs Band of Chippewa Indians who harvests wild rice within the Mille Lacs Reservation shall have in his or her possession a proper Band ricing license. This license must be in his or her possession whenever harvesting, possessing or transporting wild rice within the Reservation and whenever possessing or transporting wild rice anywhere within the United States, when such wild rice was lawfully harvested within the Reservation. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, §14. If the Commissioner of Natural Resources determines that it is in the best interests of the Mille Lacs Band of Chippewa Indians, he may issue a non-Band ricing license to any enrolled member of a federally recognized Tribe who is not enrolled with the Mille Lacs Reservation. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 14.01. If the Commissioner of Natural Resources determines that it is in the best interests of the Mille Lacs Band of Chippewa Indians, he may issue non-Indian ricing license in numbers determined by him to be suitable. The Commissioner may also, by Commissioner's Order, establish resident or nonresident classes of non-Indian licenses. Any license issued under this section must be in the possession of the person to whom issued when gathering wild rice on the Mille Lacs Reservation. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 14.02. Every Indian who gathers wild rice within the Mille Lacs Reservation must have in his possession a proper ricing license. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 14.03. Fees may be charged in the discretion of the Commissioner of Natural Resources for the issuance of ricing licenses. The Commissioner of Natural Resources may in his discretion charge a greater fee for a non-Band ricing license than for a Band ricing license. The Commissioner may also charge a greater fee for a non-Indian ricing license than for a Band license and may charge different fees and establish different conditions and different numbers of resident and nonresident classes of non-Indian licenses. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 14.04. All regulations regarding the gathering of wild rice shall be as adopted in this chapter, subject to amendment on a annual basis by the Commissioner of Natural Resources, and subject to the power of the Commissioner of Natural Resources, or his agents, to regulate opening and closing of particular beds. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 14.05. The Commissioner of Natural Resources shall determine each year, and shall post notices announcing, the season for the harvest of wild rice that year and the length of time per day during which wild rice may be harvested. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 14.06. No watercraft may be used for the harvest of wild rice other than a boat, skiff or canoe propelled by hand, which boat, skiff or canoe may have a top width of not more than 36 inches and a length of not more than 18 feet, nor may any machine or device be used for the harvest of wild rice other than a flail not more than 30 inches in length, nor more than one (1) pound in weight, which flail must be held and operated by hand. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 14.07. Cross References Watercraft, see 20 MLBSA § 1 et seq. No pole may be used for propelling any watercraft utilized for the gathering of wild rice unless such pole is forked at the end, with each branch less than 12 inches in length. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 14.08. None of the provisions of this subchapter shall apply to the gathering of paddy rice. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 14.09. § 2311. Constructive knowledge All rules and regulations relating to the harvest of wild rice shall be as adopted in this chapter, subject to amendment on an annual basis by the Commissioner of Natural Resources, and all persons accepting Band, non-Band, or non-Indian licenses shall be deemed to know of any such modifications, whether or not the licensee has actual knowledge. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 14.10. FIREWOOD HARVEST Section Cross References Forestry, policy, goals and standards, see 11 MLBSA §§ 126, 127. The Band Assembly hereby defines the following terms as related to this chapter:
Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 22.
Any enrolled member of the Minnesota Chippewa Tribe may harvest any species of tree provided he has a valid wood-cutting permit in his possession which designates the type of wood product to be cut and the legal cord amount authorized. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 16.
No enrolled member of the Minnesota Chippewa Tribe shall:
Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 16.01.
No enrolled member of the Minnesota Chippewa Tribe shall cut, maim or do anything which hinders the normal natural development of any species of wood while engaged in firewood harvest activity on tribal or Band trust property. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 16.02.
Historical
and Statutory Notes
Source: Band Statute 1162-MLC-50, § 17.
Historical
and Statutory Notes
Source: Band Statute 1162-MLC-50, § 18.
Historical
and Statutory Notes
Source: Band Statute 1162-MLC-50, § 19. The Band Assembly hereby establishes the personal use fee for a firewood harvest permit as five dollars ($5.00). A vendor permit fee of twenty-five dollars ($25.00) shall be charged for firewood harvest. Additionally, a fee of five dollars ($5.00) is hereby established for each cord of wood harvested under a vendor's permit.
Historical
and Statutory Notes
Source: Band Statute 1162-MLC-50, § 23. The Natural Resource Officer of the Band shall be authorized to monitor for compliance all provisions of this subchapter. He shall be empowered to issue citations for violations of this subchapter and confiscate property of any enrolled member for failure to comply with any legal desist order of the Natural Resource Officer for violations of law. Any confiscated property shall be held by the Band until the Court of Central Jurisdiction has issued a legal decision on the matter.
Historical
and Statutory Notes
Source: Band Statute 1162-MLC-50, § 20. Any enrolled member who is issued a permit to harvest firewood who fails to comply with a legal directive of the Natural Resource Officer shall after legal hearing before the Court of Central Jurisdiction have his permit revoked and/or be levied a fine not to exceed five hundred dollars ($500.00) and/or be banished from harvesting firewood for a period not to exceed two normal harvesting seasons. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 20.01.
Any person who removes any species of wood without a valid permit shall be liable for a fine of three times the value of the wood. Said wood is hereby established as eighty dollars ($80.00) per cord. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 24. The Court of Central Jurisdiction shall have jurisdiction over all legal matters involved with this subchapter. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 21. Cross References Natural
Resource Protection Code, jurisdiction, see 11 MLBSA
§ 2601.
The Court of Central Jurisdiction shall be authorized to issue any or all of the following punitive measures for violation(s) of provisions of this subchapter: probation, revocation of permit, fines-not to exceed five hundred dollars ($500.00), banishment from harvestation with any eligible trust property, and confiscation of woodcutting equipment to include chainsaws, axes and other hand tools and cutting supplies. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 21.01.
SUBCHAPTER VI FIRES Section2501. Starting fires. 2502. Exemptions. 2503. Camp fires. 2504. Permission to start fires. 2505. Failure to perform duty. 2506. Duty to report unauthorized fire. Cross References Open fire and backfire regulations, see Nat.Res.Comm. Order 12-84. Except as provided in 11 MLBSA § 2502, any person who shall, when the ground is not snow-covered, in any place where there are standing or growing native coniferous trees, or in areas of ground from which natural coniferous trees have been cut, or where there are slashings of such trees, or native brush, timber, slashing thereof, or excavated stumps, or where there is peat or peat roots excavated or growing, start or have any open fire without the written permission of the Commissioner of Natural Resources shall be subject to a forfeiture of $20.00.
Historical
and Statutory Notes
Source: Band Statute 1162-MLC-50, § 25. No permit is required for the following open fires:
Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 25.01. Every person who when the ground is not covered with snow starts a fire in the vicinity of forest or prairie land shall exercise every reasonable precaution to prevent the fire from spreading and shall before lighting the same clear the ground of all branches, brushwood, dry leaves, and other combustible material within a radius of five feet from the fire, and keep the fire under immediate personal supervision and control at all times, and carefully extinguish the fire before quitting the place. Any person who fails to comply with any provision of this section shall be subject to a forfeiture not to exceed $20.00.
Historical
and Statutory Notes
Source: Band Statute 1162-MLC-50, § 25.02. Permission to set fire to any grass, stubble, peat, brush, raking of leaves, rubbish, garbage, branches, slashing or woods for the purpose of cleanup, clearing and improving land or preventing other fires shall be given whenever the same may be safely burned upon such reasonable conditions and restrictions as the Commissioner of Natural Resources may prescribe to prevent same from spreading and getting beyond control. This permission shall be in the form of a written permit signed by the Commissioner or his designee, these permits to be on forms furnished by the Commissioner. Any person setting any fire or burning anything under such permit shall keep the permit in immediate possession while so engaged and produce and exhibit the permit to any conservation or law enforcement officer when requested to do so.
Historical
and Statutory Notes
Source: Band Statute 1162-MLC-50, § 25.03. Every person who shall kindle a fire on or near forest, brush, or prairie land and leave it unquenched, or be a party thereto, or who shall set fire to brush, stumps, dry grass, field stubble, leaves, peat, rubbish, garbage, branches and slashings, or other material, and fail to extinguish the same before it has endangered the property of another; every person who shall negligently or carelessly set on fire, or cause to be set on fire, any woods, prairie, or other combustible material, whether on his own land or not, by means whereof the property of another shall be endangered, or who shall negligently suffer any fire upon his own lands to extend beyond the limits thereof; every person who shall use other than incombustible wads for firearms, or carry a naked torch, firebrand, or exposed light in or near forest land, or who, upon any such land or in the vicinity thereof, or on or along any public, tribal, or private road, trail path, railroad right of way or roadbed, or other public, tribal or private way of any kind running over, along or in the vicinity of any such land, shall throw or drop any burning match, ashes of pipe, lighted cigar, or cigarette, or any other burning substance, and who fails to extinguish the same immediately; every person who drives upon or over forest lands in a motor vehicle with an open cutout or without a muffler on the exhaust pipe; and every person who operates a tractor, chainsaw, steam or internal combustion engine in forested areas not equipped to prevent fires, shall be subject to a forfeiture not to exceed $5,000.00. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 25.04. The occupant of any premises upon which any unauthorized fire is burning in the vicinity of forest lands, whether the fire was started by the occupant or otherwise, shall promptly report the fire to the Commissioner of Natural Resources, or to the nearest tribal or state forest officer, fire warden, conservation officer or law enforcement officer. Failure to make this report shall be deemed a violation of 11 MLBSA § 2505, and the occupant of the premises shall be deemed prima facie guilty of negligence if the unreported fire spreads from the premises to the damage, loss, or injury of the tribe or any person. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 25.01(c).
SUBCHAPTER VII ENFORCEMENT Section Cross References
Juvenile delinquency, violations heard in Criminal Division, see 24
MLBSA § 4305. The Court of Central Jurisdiction shall have jurisdiction of all matters arising under this chapter. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 4. Cross References
Firewood harvest, jurisdiction, see 11 MLBSA §
2412. Any officially recognized and sworn Natural Resource Officer of the Mille Lacs Band of Chippewa Indians shall issue a citation to each and every individual person, regardless of chronological age, who is observed in activities which are in civil violation or suspected civil violation of any section of this chapter.
Historical
and Statutory Notes
Source: Band Statute 1162-MLC-50, § 4.02. Any duly sworn Natural Resource Officer of the Non-Removable Mille Lacs Band of Chippewa Indians is hereby authorized and empowered to execute and serve all warrants and processes issued by any justice of the Court of Central Jurisdiction under any law of the Non-Removable Mille Lacs Band of Chippewa Indians. Any Natural Resource Officer may arrest without a warrant any person under the jurisdiction of the Band detected in the actual violation of any provisions of Band law, and to take such person before the Court of Central Jurisdiction and make a proper complaint.
Source: Band Statute 1162-MLC-50, § 4.03. When a person is arrested for any violation of law which is punishable as a civil misdemeanor and is not taken into custody and immediately taken before the Court, the arresting officer shall prepare, in quadruplicate, written notice to appear before the Court. This notice has the effect of, and serves as, a summons and complaint. Said notice shall conform with applicable provisions of the United States Code of Federal Regulations, United States Department of Interior, Title 25-Indians. In order to secure release, without being taken into custody and immediately taken before the Court, the arrested person must give his written promise so to appear before the Court by signing, in quadruplicate, a written notice prepared by the arresting officer. The officer shall retain the original of the notice and deliver the copy thereof marked "summons to the person arrested. Thereupon the officer shall release the person from custody. If the person so summoned fails to appear on the return day, the Court shall issue a warrant for his arrest, and upon his arrest proceedings shall be had as in any other case.
Source: Band Statute 1162-MLC-50, § 4.04. Any duly sworn Natural Resource Officer is hereby authorized and empowered to enter upon any trust land within the jurisdiction of the Band for the purpose of carrying out the duties and functions of his office, or to make investigations of any violation of the Band's game and fish laws, and in aid thereof to take affidavits upon oath administered by him, and to cause proceedings to be instituted if proofs at hand warrant it.
Source: Band Statute 1162-MLC-50, § 4.05. Any sworn Natural Resource Officer of the Non-Removable Mille Lacs Band of Chippewa Indians is hereby authorized and empowered to enter and inspect any commercial building located on trust property of the Band for the purpose of determining whether wild animals are kept or stored therein in violation of this chapter. He shall have power to inspect and examine the books and records of all persons, or businesses, or corporations which he has reason to believe has violated the laws relating to game or fish. He shall have power to enter and examine all camps, vessels, boats, wagons, automobiles, airplanes, or other vehicles, cars, stages, tents, suitcases, valises, packages, crates, boxes, and other receptacles and places where he has reason to believe wild animals unlawfully taken or possessed are to be found. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 4.06. Cross References Unreasonable search and seizure, see 1 MLBSA § 2. Any duly sworn Natural Resource Officer of the Non-Removable Mille Lacs Band of Chippewa Indians is hereby authorized and empowered to enter and inspect at all reasonable times the premises whereon is being conducted any business or activity requiring a license under this chapter.
Source: Band Statute 1162-MLC-50, § 4.07. Cross References Unreasonable search or seizure, see 1 MLBSA § 2. Any duly sworn Natural Resource Officer of the Non-Removable Mille Lacs Band of Chippewa Indians is hereby authorized and empowered to seize and confiscate in the name of the Band, any wild animals or wild rice taken, bought, sold, transported, or possessed in violation of this conservation code and to seize and confiscate in the name of the Band any and all equipment used by any person in the unlawful taking or transporting of said wild animals or wild rice and any evidence of any violation of any provision of this Chapter or of Commissioner's Order issued thereunder. Anything seized or confiscated shall be held by the Band until proper determination of the case by the Court of Central Jurisdiction is finalized. Historical and Statutory Notes Source: Band Statute 1162-MLC-50, §§ 4.08, 30. Cross References Unreasonable search or seizure, see 1 MLBSA § 2. It shall be illegal for any person under the jurisdiction of the Band to willfully hinder, resist, or obstruct a duly sworn Natural Resource Officer in the performance of his official duty, or refuse to submit anything called for by him for his inspection.
Source: Band Statute 1162-MLC-50 § 4.09. Any person who is aware of or witnesses a violation of this chapter, or of any rule established by the Commissioner of Natural Resources regarding season limit, bag limit or restriction on method or manner of taking game, fish or wild rice, may report such infraction to the Commissioner of Natural Resources, the Natural Resource Officer or the Court of Central Jurisdiction.
Historical
and Statutory Notes
Source: Band Statute 1162-MLC-50, § 4.10. Any person under the jurisdiction of the Band who reports a violation of this chapter may do so anonymously. No person who reports a violation in person shall be compelled to appear in the Court of Central Jurisdiction as a witness. No justice of the Court of Central Jurisdiction shall compel any officer of the Band to reveal the name of said person as a matter of court record.
Historical
and Statutory Notes
Source: Band Statute 1162-MLC-50, § 4.11. Any person who violates any provision of 11 MLBSA §§ 2101 to 2310 shall be subject to a forfeiture not to exceed $5,000.00, and a revocation of any license or permit held under this chapter.
Historical
and Statutory Notes
Source: Band Statute 1162-MLC-50, § 4.01. Any person who is not eligible for a Band fishing, hunting, or ricing license, and who enters upon the trust properties of the Mille Lacs Band, of its enrolled members, or of the Minnesota Chippewa Tribe delegated to the Mille Lacs Band of Chippewa Indians, for the purpose of fishing, hunting, or gathering wild rice, shall be deemed in trespass and subject to a forfeiture not to exceed $1,000.00. It shall be a defense to any action brought under this section that the person charged with its violation had at the time and in his possession a license validly issued under this chapter, authorizing the activity in which he was engaged.
Historical
and Statutory Notes
Source: Band Statute 1162-MLC-50, § 4.50. Any person not eligible for a Band fishing, hunting, or ricing license, and who enters upon the trust properties of the Mille Lacs Band, its enrolled members, or the Minnesota Chippewa Tribe delegated to the Mille Lacs Band of Chippewa Indians, for the purposes of fishing, hunting, or gathering wild rice, thereby impliedly gives consent to the seizure and forfeiture of any property used in the in the commission of any violation of this chapter or of any Commissioner's Order issued thereunder and of any wild animals or wild rice taken or possessed in violation of this chapter or any Commissioner's Order issued thereunder, and such property, wild animals, or wild rice may be seized as provided in 11 MLBSA § 2608. Such consent may be withdrawn but only after any property, wild animals or wild rice subject to seizure and forfeiture has been inventoried by a Natural Resource officer of the Band.
Historical
and Statutory Notes
Source: Band Statute 1162-MLC-50, § 26.
Historical and Statutory Notes Source: Band Statute 1162-MLC-50, § 27.
Source: Band Statute 1162-MLC-50, § 28. The provisions of 18 U.S.C. Sections 1160, 1164, and 1165 are adopted as Band Law. The rights expressly or impliedly granted therein are made enforceable in tribal court. Any duly sworn Natural Resource Officer of the Band may exercise enforcement powers, including the right to seize, in all cases of violation of such provisions. The appropriate Band legal officer shall subsequent to the citation of any person or the seizure of any item determine whether to refer the matter to federal authorities for prosecution, to commence proceedings under Band law, to do both or to decline all further proceedings.
Historical
and Statutory Notes
Source: Band Statute 1162-MLC-50, § 29. 18 USCA. §§ 1160, 1164 and 1165 (as amended to April 17, 1995) provide: "§ 1160. Property damaged in committing offense "Whenever a non-Indian, in the commission of an offense within the Indian country takes, injures or destroys the property of any friendly Indian the judgment of conviction shall include a sentence that the defendant pay to the Indian owner a sum equal to twice the just value of the property so taken, injured, or destroyed. "If such offender shall be unable to pay a sum at least equal to the just value or amount, whatever such payment shall fall short of the same shall be paid out of the Treasury of the United States. If such offender cannot be apprehended and brought to trial, the amount of such property shall be paid out of the Treasury. But no Indian shall be entitled to any payment out of the Treasury of the United States, for any such property, if he, or any of the nation to which he belongs, have sought private revenge, or have attempted to obtain satisfaction by any force or violence." "§ 1164. Destroying boundary and warning signs "Whoever willfully destroys, defaces, or removes any sign erected by an Indian tribe, or a Government agency (1) to indicate the boundary of an Indian reservation or of any Indian country as defined in section 1151 of this title or (2) to give notice that hunting, trapping, or fishing is not permitted thereon without lawful authority or permission, shall be fined under this title or imprisoned not more than six months, or both. "§ 1165. Hunting, trapping, or fishing on Indian land "Whoever, without lawful authority or permission, willfully and knowingly goes upon any land that belongs to any Indian or Indian tribe, band, or group and either are held by the United States in trust or are subject to a restriction against alienation imposed by the United States, or upon any lands of the United States that are reserved for Indian use, for the purpose of hunting, trapping, or fishing thereon, or for the removal of game, peltries, or fish therefrom, shall be fined under this title or imprisoned not more than ninety days, or both, and all game, fish, and peltries in his possession shall be forfeited." See 11 MLBSA §§ 2618 to 2620. Whenever a white person, in the commission of an offense within the Indian country takes, injures or destroys the property of any friendly Indian the judgment shall include a provision that the defendant pay to the Indian owner a sum to twice the just value of the property so taken, injured, or destroyed.
Source: Band Statute 1162-MLC-50, § 29.01. § 2619. Destroying boundary and warning signs Whoever willfully destroys, defaces, or removes any sign erected by a Mille Lacs Band, or a Government agency (a) to indicate the boundary of an Indian Reservation or of any Indian country as defined in section 1151 of title 18, United States Code or (b) to give notice that hunting, trapping, or fishing is not permitted thereon without lawful authority or permission, shall forfeit not more than $250.00.
Source: Band Statute 1162-MLC-50, § 29.02. § 2620. Hunting, trapping or fishing on Indian lands Whoever, without lawful authority or permission, willfully and knowingly goes upon any land that belongs to any Indian or Indian tribe, band, or group and either are held by the United States in trust or are subject to a restriction against alienation imposed by the United States, or upon any lands of the United States that are reserved for Indian use, for the purpose of hunting, trapping, or fishing thereon, or for the removal of game, peltries, or fish shall forfeit not more than $250 and all game, fish, and peltries in his possession shall be forfeited.
Source: Band Statute 1162-MLC-50, § 29.03. § 2621. Institution of civil forfeiture proceedings The appropriate legal officer of the Mille Lacs Band of Chippewa Indians or any duly sworn Natural Resource Officer of the band is authorized to commence proceedings on any violation of any provision of this chapter or of any Commissioner's Order for which a civil forfeiture is prescribed by the issuance of either a citation or a summons and complaint. In either case the initiating papers shall inform the defendant of the section number and substance of the violation is alleged to have occurred, the maximum forfeiture which can be imposed for the violation, and the date, time, and place where he is commanded to answer. In any case where property, animals, or wild rice has been seized, a receipt therefore shall be given the defendant if practicable.
Source: Band Statute 1162-MLC-50, § 31. In addition to any money forfeiture imposed by the Court of Central Jurisdiction for violation of any provision of this chapter or any Commissioner's Order issued thereunder, the Court may order forfeited any animal, animal part, or wild rice taken in the commission of such violation. Anything so forfeited shall be disposed of by the Court of Central Jurisdiction for the benefit of the Mille Lacs Band of Chippewa Indians.
Historical
and Statutory Notes
Source: Band Statute 1162-MLC-50, § 32.
DOMESTIC ANIMALS DANGEROUS DOGS Ordinance 28-03 An Ordinance providing for the safety of the Mille Lacs Band of Ojibwe Indians in regard to the dog population on Band lands through the amendment of the Domestic Animals Act. The District I Representative introduced the following Bill on the 11th day of June, 2003. 11
MLBSA CHAPTER 4 DOG ORDINANCE The prior 11 MLBSA Chapter 4, Sections 3001 through 3009 is hereby repealed in its entirety and replaced by this Ordinance. PREAMBLE: The Mille Lacs Band of Ojibwe Indians recognizes that there is a large population of dogs on Band Lands, which pose a risk to public safety. The Band Assembly hereby enacts a Dog Ordinance to contain the dog population and to protect public safety on Band Lands. In furtherance of this law, the Mille Lacs Band of Ojibwe Indians encourages Band Members and other persons residing on Band Lands to have their dogs either spayed or neutered at the earliest appropriate age of the animal.
For the purpose of this Ordinance:
Nothing in this chapter shall prevent an individual from pursuing a civil cause of action for injuries sustained from a dog bite or attack.
The Mille Lacs Band Court of Central Jurisdiction shall have jurisdiction over all actions pertaining to this Ordinance.
Nothing in this chapter shall be construed as a waiver of sovereign immunity of the Mille Lacs Band of Ojibwe Indians.
If the Court of Central Jurisdiction adjudges any provision of this Ordinance to be invalid, such judgment shall not affect any other provisions of this Ordinance not specifically included in the judgment. Back to Top |