Tribal Code - Sault Ste. Marie Tribe of Chippewa Indians
Enacted July 5, 1995. Including Updates Through 2004.
CHAPTER 21: HUNTING AND INLAND FISHING
SUBCHAPTER I: PREAMBLE
This Hunting and Inland Fishing Chapter is to permit the regulation of all matters pertaining to hunting, trapping and fishing except the Commercial and Subsistence Treaty Fishing regulated under Chapter 20 of the Tribal Code.
SUBCHAPTER II: DEFINITIONS
21.201 General Provisions.
For the purpose of this Chapter, certain terms are defined in this subchapter. When not inconsistent with the context, words used in the present tense include the future, words in the singular number include the plural number, words in the plural include words in the singular, and words in the masculine gender include the feminine gender. The word "shall" is always mandatory and not merely directory.
21.202 Authorized Enforcement Personnel.
"Authorized Enforcement Personnel" shall mean federal enforcement agents, tribal law enforcement personnel and state enforcement agents.
21.203 Big Game.
"Big Game" shall mean deer, bear, elk and moose.
21.204 Ceded Territory.
"Ceded Territory" shall mean the land and water ceded by the Treaty of March 28, 1836 (7 Stat. 491), generally described as: "Beginning at the mouth of Grand River of Lake Michigan on the north bank thereof, and following up the same to the line called for, in the first article of the Treaty of Chicago of the 29th of August 1821, thence, in a direct line, to the head of Thunder-Bay River, thence with the line established by the Treaty of Saginaw of the 24th of September 1819, to the mouth of said River, thence northeast to the boundary line in Lake Huron between the United States and the British province of Upper Canada, thence northwesterly, following the said line, as established by the commissioners acting under the Treaty of Ghent, through the straits, and river St. Mary's, to a point in Lake Superior north of the mouth of Gitchy Seebing, or Chocolate River, thence south to the mouth of said river and up its channel to the head of the Skonawba River of Green Bay, thence down the south bank of said river to its mouth, thence in a direct line, through the ship channel into Green Bay, to the outer part thereof, thence south to a point in Lake Michigan west of the north cape, or entrance of Grand River, and thence east to the point of beginning, at the cape aforesaid, comprehending all the lands and islands within these limits, not hereinafter reserved." (See Attached Map)
21.205 Commercial Fishing Permit.
"Commercial Fishing Permit" shall mean a card issued by the Conservation Committee to a member of the Sault Ste. Marie Tribe of Chippewa Indians under the provisions of Chapter 20 of the Tribal Code.
21.206 Commercial Purposes.
"Commercial Purposes" shall mean the taking of fish for barter or sale.
21.207 Commercial Taking.
"Commercial Taking" shall mean the taking of big game, small game or furbearing animals for the purpose of barter or sale of furs, pelts, hides or flesh, or other parts of such animals.
21.208 Conservation Committee.
"Conservation Committee" shall mean a ten (10) member committee constituted as set forth in Chapter 22 which shall have authority and responsibility for regulation of all matters pertaining to hunting, trapping and fishing.
21.209 Exclusive Territory.
"Exclusive Territory" shall mean the lands of the Sault Ste. Marie Tribe of Chippewa Indians Reservation.
21.210 Fishing Identification Permit.
"Fishing Identification Permit" shall mean a card issued by the Conservation Committee to a member of the Sault Ste. Marie Tribe of Chippewa Indians which permit authorizes him to fish in accordance with the provisions of this Chapter.
21.211 Furbearing Animals.
"Furbearing Animals" shall mean beaver, mink, muskrat, fisher, otter, raccoon, bobcat, weasel, pine martin, opossum and fox.
21.212 Hunting Identification Permit.
"Hunting Identification Permit" shall mean a card issued by the Conservation Committee to a member of the Sault Ste. Marie Tribe, which permit authorizes him to hunt and trap in accordance with the provisions of this Chapter.
"Member" shall mean those persons currently enrolled as members of the Sault Ste. Marie Tribe of Chippewa Indians. It does not include persons who have been adopted into the Tribe pursuant to Chapter 11 of the Tribal Code and would be prohibited form exercising treaty rights pursuant to '11.112 (8).
21.214 Migratory Birds.
"Migratory Birds" shall have the meaning set forth in the regulations promulgated pursuant to the Migratory Bird Treaty Act at 50 C.F.R. Part 20.
21.215 Motor Vehicles.
"Motor Vehicles" shall mean self-propelled motor driven vehicles of whatever nature.
21.216 Personal Use.
"Personal Use" shall mean the taking of fish for any purpose other than commercial purposes.
21.217 Rough Fish.
"Rough Fish" shall include carp, bullheads, suckers and burbot.
21.218 Small Game.
"Small Game" shall mean rabbit, hare, squirrel, pheasant, ruffed grouse, quail, sharp-tailed grouse, woodcock, woodchuck, crows, skunk, coyote, wild turkey, porcupine and any birds not defined as migratory birds.
21.219 Special Permit.
"Special Permit" shall mean written authorization issued by the Conservation Committee exempting the recipient from one or more of the regulations contained herein.
21.220 Tribal Council.
"Tribal Council" shall be the duly elected Tribal Board of Directors of the Sault Ste. Marie Tribe of Chippewa Indians.
SUBCHAPTER III: GENERAL PROVISIONS
(1) As used in this Chapter, the term, person, means any person subject to the civil jurisdiction of the Tribal Code. Any such person shall be subject to the provisions of this Chapter.
(2) By accepting a permit, any person submits to the jurisdiction of the Tribal Court in any proceeding relating to the Conservation Chapter that may be instituted.
21.302 Composition of Conservation Committee.
The Conservation Committee shall consist of ten (10) members appointed by the Tribal Council. It shall be the Conservation Committee created under Chapter 22 of this Code.
21.303 Powers of Conservation Committee.
The Conservation Committee shall perform all duties and responsibilities and exercise authority delegated to it by the Tribal Council by this Chapter or Chapter 22 of this Code.
Any license or permit authorized by this Chapter may be suspended or revoked by the Tribal Court upon a finding of a violation of the terms of the permit, of this Chapter, or any of the following regulations:
(1) Allowing any other person to make use of the license, regardless of whether or not such person would qualify to receive such a license.
(2) Taking, assisting in taking, possessing or transporting any game prohibited in '21.504 or by the Conservation Committee.
(3) Wanton destruction, misuse or waste of the game or fish of any area to which this Chapter pertains.
(4) Exceeding established limits, using prohibited means or equipment, or fishing, hunting or trapping outside of established seasons.
(5) Fraud in the procurement of any license or permit or the alteration or attempted alteration of any license or permit.
(6) Carrying a firearm in any moving vehicle, including snowmobiles, off-road vehicles (ORV), three-wheelers, and the like unless it is unloaded in both chamber and magazine and contained in a gun case or broken down, or unless unloaded in both chamber and magazine and contained in the trunk of the car with the trunk lid closed. A percussion cap muzzleloading longarm is considered unloaded if the percussion cap is removed. A flintlock muzzleloading longarm is considered unloaded if the cock is left down and the pan in open.
(7) Hunting from a snowmobile or off-road vehicles or chasing game with a snowmobile, off-road vehicle or the like.
(8) Hunting of game animals with artificial lights except at the point of kill for taking raccoons in trees, opossums, skunks and foxes.
(9) Refusal to display the proper permit or license upon request of any member of the Conservation Committee or authorized law enforcement personnel.
(10) Any other violation of the regulations contained in this Chapter including regulations of the Conservation Committee authorized by provisions of this Chapter.
21.305 Civil Cause of Action for Member Violations.
Any violation of the regulations contained in this Chapter or of the regulations established by the Conservation Committee shall be a civil matter tried before the Tribal Court under such procedures as are described in the Tribal Code of the Sault Ste. Marie Tribe of Chippewa Indians.
21.306 Applicability to Non-Members.
The provisions of this Chapter shall apply to all non-members and non-Indians who fish, hunt or trap within the Exclusive Territory, as defined in '21.209.
21.307 Money Penalty.
The Conservation Committee may bring a civil action in the name of the Sault Ste. Marie Tribe of Chippewa Indians for the recovery of damages against any member or non-member person, firm, or corporation for killing, wounding, catching, taking, trapping, or attempting to kill, wound, catch, take, trap or having in possession any to the following named protected fish, small game, big game, or fur-bearing animals, or any part thereof, in violation of the provisions of this Chapter, and the sum assessed for damages for each animal or fish shall not be less than the amount hereinafter stated in this section plus restitution for the animal:
(1) Any moose elk, marten, timber wolf or any other animal determined to be rare and endangered by the Conservation Committee
|(2) Any deer or bear||$100|
Any beaver, mink or otter
|(4) Any raccoon||$ 30|
|(5) Any rabbit, muskrat, porcupine or squirrel||$ 50|
|(6) Any ruffed grouse or other small game as defined in 21.218 and not mentioned herein||
|(7) Any migratory bird as defined in 21.214||$100|
Any muskellunge, sturgeon, lake trout or other fish determined to
rare and endangered by the Conservation Committee
|(9) Any brook trout, brown trout, grayling, northern pike, rainbow trout or small mouth bass||
|(10) Any herring, cisco, chub, alewife, smelt or other fish not mentioned herein||$ 75|
|(11) Violation of any other regulations||$500|
21.308 Reporting of Violations.
Any person who is aware of or witnesses a violation of '21.306 should report such to an authorized enforcement officer. The officer shall immediately notify the alleged violator in writing of the infraction charged and request his appearance at a hearing to be held within ten (10) days of the notice. At the hearing, the alleged violator shall have the opportunity to respond to the charges. The Tribal Court shall make a determination of liability, and shall assess damages pursuant to '21.307.
21.309 Civil Forfeiture.
All weapons and equipment carried, used or possessed in violation of the regulations of this Chapter may be forfeited to the Sault Ste. Marie Tribe of Chippewa Indians. All big game, small game, fur-bearing animals or fish caught, killed, transported or possessed in violation of the regulations of this Chapter may be forfeited to the Sault Ste. Marie Tribe of Chippewa Indians.
Any enforcement officer as defined in '21.202 of this Chapter may detain for inspection and inspect any package, crate, box or other container, including its contents and all accompanying documents or tags, at reasonable times.
21.311 Default Judgment.
Failure of an alleged violator to appear or give good cause why he or she cannot appear at the hearing shall result in the entry of a default judgment against him or her.
21.312 Appeal of Judgment.
judgment entered pursuant to this Chapter shall be reviewable and enforceable
pursuant to Chapter 82 of the Sault Ste. Marie Tribe of Chippewa Indians
21.313 Permit Fees.
Fees may be charged by the Conservation Committee for issuance of the permits required by '21.401 and '21.501.
21.314 Amendment by Committee.
The Conservation Committee may modify the season provided by these regulations, may impose seasons where none are set forth, or may close and prohibit trapping or hunting of specified species of small game, big game or furbearing animals, when it determines that such actions are in the best interest of the resource. The Conservation Committee may also impose such other restrictions on manner of taking and bag limits as it deems necessary for preservation of the resource. When making such determinations, the Conservation Committee may rely on any biological data from the Tribal Biological Program, the Fish and Wildlife Service, the Michigan Department of Natural Resources or other reliable sources.
SUBCHAPTER IV: INLAND FISHING REGULATIONS
21.401 Tribal Permit Required.
Every member of the Sault Ste. Marie Tribe who takes fish within the Ceded Territory or Exclusive Territory shall have in his/her possession a proper Fishing Identification Permit. This permit must be in possession in order to take, transport or possess fish within the Ceded Territory or Exclusive Territory and to possess or transport fish lawfully taken within the Ceded Territory or Exclusive Territory anywhere within the State of Michigan.
21.402 Tribal Permit Exclusive.
No member of the Sault Ste. Marie Tribe shall be required to purchase or possess a Michigan Fishing License when fishing within the Ceded Territory or Exclusive Territory and when possessing or transporting fish, lawfully taken within the Ceded Territory or Exclusive Territory, anywhere within the State of Michigan, provided that he or she has in his/her possession a valid Fishing Identification Permit.
21.403 Applicable Regulations.
All rules and regulations pertaining to taking, possession or transportation of fish except Commercial Fishing shall be as adopted in this Chapter, subject to amendment on an annual basis by the Conservation Committee.
21.404 Harvesting Restrictions.
There shall be no limitation on the taking of rough fish for personal use. The following regulations are hereby imposed on the taking for personal use of all other species:
(1) No fish may be taken by means of explosives, drugs, poisons, lime medicated bait, or other deleterious substance.
(2) Seines, traps, trapnets and gillnets are prohibited except with a Special Permit from the Conservation Committee.
21.405 Seasons for Fish Harvest.
Seasonal restrictions for various fish species shall be as determined by the Conservation Committee.
21.406 Commercial Fishing Regulations.
Regulations governing Commercial Treaty Fishing and Subsistence Fishing are contained in Chapter 20 of the Tribal Code.
21.407 Ice Shanties, Houses and Shelters.
Ice shelters must bear owner's name and address in waterproof letters not less than two inches high on all sides. All shelters must be removed before the ice becomes unsafe.
SUBCHAPTER V: HUNTING
21.501 Hunting Permit Required.
Every member of the Sault Ste. Marie Tribe who takes game within the Ceded Territory shall have in his/her possession a valid Hunting Identification Permit. This permit must be in possession at all times when carrying firearms within the Ceded Territory when shooting, trapping or taking small game, big game or furbearing animals within the Ceded Territory, or when possessing or transporting any place in the State of Michigan any small game, big game or furbearing animals lawfully taken within the Ceded Territory or Exclusive Territory.
21.502 Tribal Permit Exclusive.
member of the Sault Ste. Marie Tribe shall be required to purchase or
possess a Michigan big game, small game or trapping license when hunting
or trapping within the Ceded Territory or Exclusive Territory, or when
possessing or transporting any small game, big game or furbearing animal
lawfully taken within the Ceded Territory or Exclusive Territory, anywhere
within the State of Michigan, provided that he has in his possession
a valid Hunting Identification Permit.
21.503 Applicable Regulations.
This Chapter governs taking, possession or transportation of small game, big game and furbearing animals, subject to amendment on an annual basis by the Conservation Committee.
21.504 Species Subject to Harvest.
The following species are subject to regulation of harvest:
(1) Species which may be taken with permit. Possession of a valid Hunting Identification Permit shall be required for the taking, possession or transportation of bear, beaver, deer, elk, moose, coyote, rabbit, mink, muskrat, otter, marten, ruffed grouse, sharptail grouse, pheasant, wild turkey, squirrel, fisher, opossum and all birds protected by federal law.
(2) Prohibited species. There shall be no taking, possession or transportation whatsoever of bald eagle, golden eagle, timber wolf or any species determined to be rare or endangered by the Conservation Committee or any other species not listed in '21.504. This provision does not apply to possession of eagle wings, feathers, claws and other parts possessed in full compliance with the Protection of Bald and Golden Eagles, 16 USC 668 et seq.
(3) Rare and Endangered species. There shall be no taking, possession or transportation whatsoever of any species listed as threatened or endangered by the Federal Endangered Species Act, 16 U.S.C. 1531 et seq.
21.505 Small Game Seasons.
small game season shall be September 1 to December 31, except that rabbit
season shall be extended to April 1. Wild Turkey can only be hunted
with a special permit issued by the Conservation Committee.
21.506 Migratory Birds.
taking of migratory birds shall be subject to the provisions of the
Migratory Bird Treaty Act, 16 U.S.C. 703 to 711, and regulations promulgated
pursuant thereto set forth at 50 C.F.R. Part 20.
21.507 Big Game Seasons.
The season for taking deer shall be from August 1 to and including January 1. The season for taking moose and elk shall be established by the Conservation Committee.
21.508 Big Game Restrictions.
(1) Bow restrictions. It shall be unlawful to hunt any big game with any poisoned arrow or arrow with explosive tip. No member shall hunt with a bow having a pull of less than 30 pounds or using an arrow that does not have a broadhead, or with a crossbow unless it is fired from, the shoulder, with a minimum draw weight of 100 pounds and a stock of not less than 30 continuing inches in length, with a working safety and using arrows or bolts of not less than 14 inches with a broadhead.
(2) Firearm restrictions. Centerfire rifles, shotguns, and muzzleloading rifles may be used. You can also use centerfire or black powder handgun. You can not use a .22 caliber rimfire or 5mm rimfire (rifle or handgun) to hunt deer. There are no caliber limitations on muzzleloading or black powder handguns. A sidearm can be carried provided it is carried in plainview.
(3) Age restrictions. No member under 12 years of age may hunt. No member 12 years of age or older but under 14 may hunt unless accompanied by a parent, guardian or other adult member designated by a parent or guardian. No member 14 years of age or older but under 16 years may hunt unless accompanied by a parent, guardian, or other adult member designated by a parent or guardian or unless he has been issued a certificate of accomplishment under a tribal, state or provincial hunter education and firearm safety course.
(4) Traps prohibited. It shall be unlawful to take any big game with the aid of any trap, setgun, cage, net, pitfall, deadfall, drugs, poison, chemical, smoke, gas, explosive, ferret, weasel, snare, or swivel gun, or with the aid of dogs.
(5) Commercial purposes. No big game shall be taken for commercial purposes.
(6) Legal hours for hunting. Hunting shall be restricted to one-half hour before sunrise to one-half hour after sunset.
(7) Bear. The following restrictions shall only apply to the hunting of bear:
(a) Season. The season for taking bear shall be from April 1 to June 30 and from September 1 to and including October 31.
(b) Prohibited methods:
(i) It shall be unlawful to hunt bear with the aid of any snare, setgun, or swivel gun, or to take bear with the use of drugs, medicated bait, poison or other deleterious substances.
(ii) It shall be unlawful to take or molest any bear in its den.
(iii) Nothing in this section shall prohibit the taking of any bear which poses an immediate threat to human safety, to livestock or to personal property.
(iv) Hunting bear on Drummond Island will be limited to a special permit issued by the Conservation Committee on an annual basis.
21.509 Prohibited Hunting.
There shall be no hunting, harassment or molesting of any animal from moving motor vehicles, including snowmobiles or Off-Road Vehicles or the like. There shall be no hunting within 150 yards of any public campground during the season within which it is open for public use, or within 150 yards of any occupied dwelling. No member shall hunt with a firearm, bow or crossbow while under the influence of an intoxicant or controlled substance. No member may hunt on any farmlands or connected wood lots or on any fenced or posted private lands. This does not include the private forest land that is open for public hunting and fishing. No member may hunt within any city limits.
21.510 Hunter Orange Clothing Required.
Anyone hunting or trapping with a firearm on any lands during daylight hunting hours from August 15 through April 30 must wear a hat, cap, vest, jacket or rain-gear of highly visible color, commonly referred to as "Hunter Orange".
21.511 Required to Report Game.
Anyone who takes any big game, small game or furbearing animals will be required to report the number, species and location of all game taken every season to the Conservation Committee.
SUBCHAPTER VI: TRAPPING
21.601 Trapping Seasons.
The season for the trapping of furbearing animals shall be October 1 to and including March 1, except that there will be no closed season for the trapping of raccoon.
21.602 Trap Identification.
furbearing animals taken pursuant to this Chapter and all traps used
shall bear the identification number of the permittee's Hunting Identification
When shipping furs taken under a Hunting Identification Permit, the parcel must be plainly marked on the outside stating the name, address and permit number of the shipper and the number and kind 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.
21.604 Personal Use.
Hides or pelts adapted to personal use need not carry the permit number of the taker once the adaptation is completed.