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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 Band Statutes 1017-MLC-7, 1030-MLC-7 are hereby repealed in their entirety and replaced by the provisions of this act."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:
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