Subchapter 2 - Fishing

Section

2101. Band License.
2102. Non-Band License.
2103. Non-Indian License.
2104. License Fees.
2105. Minnesota Licenses.
2106. Constructive Knowledge.
2107. Specific Regulations-Fishing for Personal Use.
2108. Seasons.
2109. Closure.
2110. Rare and Endangered Species.
2111. Spearing and Netting Permits.
2112. Minors.
2113. Transportation.
2114. Commercial Fishing.
2115. Specific Regulations-Commercial Fishing.

Cross References
Taking fish by angling off of tribal lands, see Nat. Res. Comm. Order 171-93.

§ 2101. Band License.

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.

§ 2102. Non-Band License.

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.

§ 2103. Non-Indian License.

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.

§ 2104. License Fees.

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.

§ 2105. Minnesota Licenses.

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.

§ 2106. Constructive Knowledge.

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.

§ 2107. Specific Regulations-Fishing for Personal Use.

The following regulations are hereby imposed on the taking for personal use of game and non-game fish:

  • (a) No fish may be taken by means of explosives, drugs, poisons, lime, medicated bait or other deleterious substances.

  • (b) There shall be no taking of game fish for any purpose by use of gill nets except where such taking is for personal use.

  • (c) Game fish season shall be closed between March 31 and the closest Saturday to May 15. No gill nets shall be used during this period for the taking of any fish.

  • (d) There shall be no netting in rivers or streams or within 500 feet of the mouth of rivers and streams between March 31 and June 15 of each year. There shall also be no netting in areas duly closed by the Commissioner of Natural Resources.

  • (e) Nets for personal use shall be limited to 100 feet in length per license.

  • (f) Muskellunge shall not be taken with a spear.

  • (g) Fish houses must be conspicuously marked with the licensee's name and license number.

Historical and Statutory Notes

Source:
Band Statute 1162-MLC-50, § 5.06.

§ 2108. Seasons.

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.

§ 2109. Closure.

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.

§ 2110. Rare and Endangered Species.

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.

§ 2111. Spearing and Netting Permits.

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.

§ 2113. Transportation.

  • (a) It shall be illegal for any person under the jurisdiction of the Non-Removable Mille Lacs Band of Chippewa Indians to transport without just cause, by any means, any game fish taken, by any means for the purpose of personal financial gain.

  • (b) Just cause shall mean a cause outside legal or cultural cause which must be based on reasonable grounds, and these must be a fair and honest cause or reason, regulated by good faith.

Historical and Statutory Notes

Source:
Band Statute 1162-MLC-50, § 5.12.

§ 2114. Commercial Fishing.

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.

§ 2115. Specific Regulations-Commercial Fishing.

All persons operating under a commercial fishing permit as provided by 11 MLBS § 2114 shall be subject to the following regulations regarding transportation of fish:

  • (a) A person operating under a commercial fishing permit shall have in his possession at all times both the commercial fishing permit and his Band fishing license.

  • (b) All nets used for taking fish must be identified as Indian nets.

  • (c) Each permittee may use no more than 600 feet of net for commercial purposes.

  • (d) Any person holding a personal netting license in addition to a commercial permit shall be limited to using a total of 600 feet for all purposes.

  • (e) All non-game fish taken under the valid commercial fishing permit may be possessed in quantities prescribed in such license and bought, sold, or transported during any season designated by the Commissioner of Natural Resources. Such fish may be frozen or cured during open season, and when so cured or frozen may be transported, bought, or sold at any time.

  • (f) All live game fish taken incidentally in a commercial fishing operation shall be released immediately to the waters from which taken. All dead or injured game fish may be retained for personal use.

  • (g) When shipping non-game fish taken under a Band fishing license and commercial fishing permit, the parcel must be plainly marked on the outside stating the name, address, and license number of the shipper and the kind and number of such fish contained in the package. The waybill or receipt issued by any common carrier to a shipper shall specify the pounds and species of such fish so shipped.

Historical and Statutory Notes

Source:
Band Statute 1162-MLC-50, § 6.01.