Section
5201. Definitions.
5202. Closed Season.
5203. Seasons and Annual Harvest Regulations.
5204. Daily Bag Limits and Possession Limits.
5205. Methods.
5206. Shooting Hours.
5207. Hunting on Certain Public Lands Prohibited.
5208. Hunting on Certain Private Lands Prohibited.
5209. Wanton Waste of Birds.
5210. Decoys.
5211. Structures.
5212. Duck Blinds.
5213. Possession Regulated.
5214. Transportation Regulated.
5215. Exportation Regulated.
5216. Permit Required.
5217. Closed Areas.
5218. Authorization for Emergency Closure.
5219. Enforcement by U.S. Fish and Wildlife Service Personnel.
5220. Assistance by Non-Members.
5221. Sale of Migratory Birds Parts Regulated.
§ 5201. Definitions
For the purposes of this Subchapter, the following terms shall be construed as follows:
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(a) "Bag Limits" mean:
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(1) "Aggregate bag limit" means a condition of taking in which two or more usually similar species may be bagged (reduced to possession) by the member in predetermined or un-predetermined quantities to satisfy a maximum take limit.
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(2) "Daily bag limit" means the maximum number of migratory birds of a single species or combination (aggregate) of species permitted to be taken by one member in any one day during the open season.
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(3) "Aggregate daily bag limit" means the maximum number of migratory birds permitted to be taken by one member in any one day during the open season when such member hunts for more than one species for which a combined daily bag limit is prescribed.
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(4) "Possession limit" means the maximum number of migratory birds of a single species or a combination of species permitted to be possessed by any one member when lawfully taken in the ceded territory.
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(b) "Migratory Bird" means any bird, whatever its origin and whether or not raised in captivity, which belongs to a species listed in 50 CFR Section 10.13, or which is a mutation or a hybrid of any such species, including any part, nest, or egg of any such bird, or any product, whether or not manufactured, which consists, or is composed in whole or in part of any part, nest or egg thereof.
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(c) "Migratory Game Birds" means coots, gallinules, sora and Virginia rails, American woodcock, common snipe, and migratory waterfowl.
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(d) "Migratory Bird Preservation Facility" means:
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(1) Any person who, at his residence or place of business and for hire or other consideration; or
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(2) Any taxidermist, cold-storage facility or locker plant which, for hire or other consideration; or
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(3) Any hunting club which, in the normal course of operations receives, possesses, or has in custody any migratory game birds belonging to another person for purposes of picking, cleaning, freezing, processing, storage, or shipment.
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(e) "Personal abode" means a member's principal or ordinary home or dwelling place, as distinguished from one's temporary or transient place of abode or dwelling such as a hunting club, or any club house, cabin, tent or trailer house used as a hunting club, or any hotel, motel, or rooming house used during a hunting, pleasure or business trip.
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(f) "Take" means to pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt to pursue, hunt, shoot, wound, kill, trap, capture or collect.
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(g) "Waterfowl" means any migratory bird of the family Anatidae, including ducks, geese, swans, brant, and mergansers.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 10.01.
§ 5202. Closed Season.
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(a) A closed season is hereby established for the hunting of migratory birds except for the open seasons specified in § 5203 of this Chapter.
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(b) Except as otherwise expressly provided by this Chapter, no member shall take any migratory bird during the closed season for that animal.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 10.02.
§ 5203. Seasons and Annual Harvest Regulations.
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(a) Upon publication in the Federal Register of the U.S. Fish and Wildlife Service Final Rule establishing federal regulations in response to the Band's proposal pursuant to the Service's Interim Guidelines described in the June 4, 1985, Federal Register (50 FR 23467), all such regulations as to season, daily bag and possession limits, and other conditions, shall be and hereby are incorporated into this Chapter, as if fully set forth in their entirety herein, and shall constitute Band regulations governing member migratory bird hunting for the seasons so established.
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(b) No member shall take or possess migratory birds or otherwise engage in any activity contrary to the federal regulations incorporated into this Chapter pursuant to this section on a season-by-season basis.
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(c) Any violation of such annual federal migratory bird regulations incorporated herein shall be deemed a violation of this Chapter, and shall be subject to the jurisdiction of the Band court pursuant to the provisions of this Chapter.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 10.03.
§ 5204. Daily Bag Limits and Possession Limits.
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(a) No member shall take any migratory bird in any one day in excess of the daily bag limit for that species or in excess of the aggregate daily bag limit, whichever applies, as established by this Subchapter.
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(b) No member shall possess migratory birds taken in excess of the possession limits for that species established by this Subchapter.
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(c) When a daily bag limit or aggregate daily bag limit is established in terms of "points", the daily bag limit or aggregate daily bag limit, whichever applies, is reached when the point value established by this Subchapter of the last migratory bird taken during that day reaches or exceeds the maximum number of points allowed for that day.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 10.04.
§ 5205. Methods.
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(a) Unless expressly modified by a U.S. Fish and Wildlife Service Final Rule incorporated into this Chapter pursuant to § 5203(a) of this Chapter, migratory birds for which open seasons are prescribed may be taken by any method except those prohibited in this section.
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(b) No member shall take migratory birds:
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(1) With a trap, snare, net, rifle, pistol, swivel gun, shotgun larger than 10 gauge, punt gun, battery gun, machine gun, fish hook, poison, drug, explosive, or stupefying substance;
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(2) With a shotgun of any description capable of holding more than five shells, unless it is plugged with a one-piece filler, incapable of removal without disassembling the gun, so its total capacity does not exceed three shells;
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(3) From or by means, aid, or use of a sinkbox or any other type of low floating device, having a depression affording the hunter a means of concealment beneath the surface of the water;
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(4) From or by any means, aid, or use of any motor vehicle (not including a motorboat or sailboat), motor-driven land conveyance, or aircraft of any kind, except that paraplegics and persons missing one or both legs may take from any stationary motor vehicle or stationary motor-driven land conveyance;
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(5) From or by means of any motorboat or other craft having a motor attached, or any sailboat, unless the motor has been completely shut off and/or the sails furled, and its progress therefrom has ceased: Provided, that a craft under power may be used to retrieve dead or crippled birds; however, crippled birds may not be shot from such craft under power;
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(6) By the use or aid of live birds as decoys (among other things, it shall be a violation of this section for any member to take migratory waterfowl in an area where tame or captive live ducks or geese are present unless such birds are and have been for a period of 10 consecutive days prior to such taking, confined within an enclosure which substantially reduces the audibility of their calls and totally conceals such birds from the sight of wild migratory waterfowl);
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(7) By the use or aid of recorded or electrically amplified bird calls or sounds, or recorded or electrically amplified imitations of bird calls or sounds;
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(8) By the aid of baiting, or on or over any baited area. As used in this subsection, "baiting" shall mean the placing, exposing, depositing, distributing, or scattering of shelled, shucked or unshucked corn, wheat, other grain, salt, or other feed so as to constitute for such birds a lure, attraction or enticement to, on, or over any areas where hunters are attempting to take them; and "baited area" means any area where shelled, shucked or unshucked corn, wheat or other grain, salt, or other feed whatsoever capable of luring, attracting, or enticing such birds is directly or indirectly placed, exposed, deposited, distributed, or scattered; and such area shall remain a baited area for 10 days following complete removal of all such corn, wheat or other grain, salt, or other feed. However, nothing in this section shall prohibit:
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(i) the taking of all migratory birds, including waterfowl, on or over standing crops, flooded standing crops (including aquatics), flooded harvested croplands, grain crops properly shucked on the field where grown, or grains found scattered solely as the result of normal agricultural planting or harvesting; and
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(ii) the taking of all migratory birds, except waterfowl, on or over any lands where shelled, shucked, or unshucked corn, wheat or other grain, salt, or other feed has been distributed or scattered as the result of bona fide agricultural operations or procedures, or as a result of manipulation of a crop or other feed on the land where grown for wildlife management purposes: Provided, that manipulation for wildlife management purposes does not include the distributing or scattering of grain or other feed once it has been removed from or stored on the field where grown.
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(9) While possessing shotshells loaded with shot other than steel shot or such shot approved as non-toxic by the Director of the U.S. Fish and Wildlife Service, provided that this restriction applies only to the taking of ducks, geese (including brant), swans and coots and any species that make up aggregate bag limits during concurrent seasons with the former;
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(10) With shot larger than size T; or
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(11) By the use or aid of any motor driven land, water, or air conveyance, or any sailboat, used for the purpose of or resulting in the concentrating, stirring up, driving, or rallying any migratory bird.
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Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 10.05.
§ 5206. Shooting Hours.
No member shall take migratory birds except during the lawful hunting hours established by the U.S. Fish and Wildlife Service Final Rule incorporated into this Chapter pursuant to § 5203(a) of this Chapter.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 10.06.
§ 5207. Hunting on Certain Public Lands Prohibited.
No member shall hunt migratory birds on any of the following lands except as noted.
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(a) Designated public campgrounds, public beaches, public picnic areas, and public water access sites.
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(b) Public lands within incorporated areas except those lands which are designated for migratory bird hunting.
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(c) All parks identified by Commissioner's order under § 4048 of this Chapter except:
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(1) on lands held in trust for the Minnesota Chippewa Tribe, the Mille Lacs Band or its members; or
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(2) parks or portions thereof in which hunting is allowed under State law, pursuant to a permit issued by the Department of Natural Resources in accordance with the agreement between the Bands and the State regarding special hunts in parks.
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(d) All wildlife refuges, scientific and natural areas, and other closed or restricted areas established pursuant to § 4048 of this Chapter, except as migratory bird hunting is allowed by the Commissioner in those areas.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 10.06A.
§ 5208. Hunting on Certain Private Lands Prohibited
As provided in § 4041(a) of this Chapter, no member shall hunt migratory birds on any privately owned land except those lands which are open to the general public for hunting by operation of state law.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 10.06B.
§ 5209. Wanton Waste of Migratory Birds.
No member shall kill or cripple any migratory bird pursuant to this Chapter without making a reasonable effort to retrieve the bird, and retain it in his or her actual custody, at the place where taken or between that place and any of the following places:
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(a) The member's automobile or principle means of land transportation;
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(b) The member's personal abode or temporary or transient place of lodging;
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(c) A migratory bird preservation facility as defined by § 5201(b) of this Chapter;
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(d) A post office; or
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(e) A common carrier facility.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 10.07.
§ 5210. Decoys.
No member shall take any migratory bird with decoys which are:
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(a) Placed beyond 200 feet from the location in which the member is located;
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(b) Placed in the water prior to one hour before opening of shooting hours; or
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(c) Left in the water more than 20 minutes after the close of shooting hours.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 10.08.
§ 5211. Structures.
No member shall hunt migratory birds from any publicly owned pier, dam, dock, breakwater, or similar man-made structure where the prohibition of such hunting is clearly posted.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 10.09.
§ 5212. Duck Blinds.
No member shall establish a duck blind on public waters or public land prior to one (1) hour before the migratory bird season or leave it established beyond seven (7) days after the close of the season. No member shall leave any waterfowl hunting blind in open public waters after dark.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 10.10.
§ 5213. Possession Regulated.
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(a) Prohibited if taken in violation of sections 5205 - 5212 of this Chapter. No member shall at any time, by any means, or in any manner, possess or have in custody any migratory bird or part thereof, taken in violation of any portion of §§ 5205 - 5212 of this Chapter.
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(b) During closed season. No member shall possess any freshly killed migratory bird taken in the Minnesota Ceded Territory and during the closed season.
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(c) Possession limit. No member shall possess more migratory birds taken in the Minnesota Ceded Territory than the possession limit or the aggregate possession limit, whichever applies. This section applies only to transportation. Possession limits for the purposes of this subsection do not include birds which are cleaned, dressed, and at the member's primary residence.
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(d) Opening day of a season. No member on the opening day of the season shall possess any migratory bird freshly killed off of the reservation in excess of the daily bag limit, or aggregate daily bag limit, whichever applies.
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(e) Field possession limit. No member shall possess, have in custody, or transport more than the daily bag limit, or aggregate daily bag limit, whichever applies, of migratory birds, tagged or not tagged, at or between the place where taken and any of the following places:
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(1) The member's automobile or principle means of land transportation;
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(2) The member's personal abode or temporary or transient place of lodging;
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(3) A migratory bird preservation facility as defined in § 10.01(3) of this Chapter;
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(4) A post office; or
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(5) A common carrier facility.
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(f) Tagging requirements. No member shall put or leave any migratory bird at any place (other than his or her 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 bird has a tag attached, signed by the member, stating his or her address, the total number and species of birds, and the date such birds were killed. Migratory birds being transported in any vehicle as the personal baggage of the processor shall not be considered as being in storage or temporary storage.
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(g) Custody of birds of another. No member shall receive or have in custody any migratory bird belonging to another person unless such bird has been tagged as required by paragraph (f).
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(h) Possession of live birds. Every migratory bird wounded by hunting and reduced to possession by the hunter shall be immediately killed and become part of the daily bag limit. No member shall at any time, or by any means, possess or transport live migratory game birds taken pursuant to this Chapter.
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(i) Termination of possession. Subject to all other requirements of this Subchapter, the possession of any migratory bird taken by any member shall be deemed to have ceased when such bird has been delivered by him or her to another person as a gift; or have been delivered by him or her to a post office, a common carrier, or a migratory bird preservation facility and consigned for transport by the Postal Service or a common carrier to some person other than the member.
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(j) Gift of migratory bird. No member shall receive, possess, or give to another, any freshly killed migratory birds as a gift, except at the personal abode of the donor or donee, unless such birds have a tag attached, signed by the member who took the birds, stating such member's address, the total number and species of birds and the date such birds were taken.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 10.11.
§ 5214. Transportation Regulated.
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(a) Prohibited if taken in violation of sections 5205 - 5212 of this Chapter. No member shall at any time, by any means, or in any manner, transport any migratory bird of part thereof, taken in violation of any provision of §§ 5205 - 5212 of this Chapter.
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(b) Transportation of birds of another. No member shall transport any migratory bird belonging to another person unless such bird is tagged as required by § 5213(f) of this Chapter.
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(c) Species identification requirement. No member shall transport any migratory bird unless the head and one fully feathered wing remains attached to each bird at all times while being transported from the place where taken until they have arrived at the personal abode of the possessor or at a migratory bird preservation facility as defined in § 5201(d) of this Chapter.
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(d) Marking package or container. No member shall transport by the Postal Service or a common carrier migratory 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 Ordinance 07-97, § 10.12.
§ 5215. Exportation Regulated.
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(a) Prohibited if taken in violation of sections 5205 - 5212 of this Chapter. No member shall at any time, by any means, or in any manner, export or cause to be exported from the United States, any migratory bird or part thereof, taken in violation of any provision of §§ 5205 - 5212 of this Chapter.
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(b) Species identification requirement. No member shall export from the United States migratory birds unless the head and 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.
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(c) Marking package or container. No member shall export migratory 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 numbers of each species of birds therein contained clearly and conspicuously marked on the outside thereof.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 10.13.
§ 5216. Permit Required.
No member shall hunt migratory birds pursuant to this Chapter without possessing a valid migratory bird hunting permit issued by the Band.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 10.14.
§ 5217. Closed Areas.
No member shall fail to comply with the closures and other restrictions with respect to wildlife refuges and closed areas as established pursuant to § 4048 of this Chapter.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 10.15.
§ 5218. Authorization for Emergency Closure.
The Commissioner or his or her designee shall close or temporarily suspend any season in any particular locale to migratory bird hunting by Band members upon a determination that a continuation of the season would impact significantly the migratory bird resource. In the case of a temporary suspension, notice shall be provided to members of the date and time when the season may be resumed.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 10.16.
§ 5219. Enforcement by U.S. Fish and Wildlife Service Personnel.
Any Memorandum of Agreement or other such document by which the Band and the U.S. Fish and Wildlife Service establish the conditions upon which the Service's personnel may enforce the provisions of this Chapter is hereby incorporated into this Chapter as if set forth in its entirety herein.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 10.17.
§ 5220. Assistance by Non-Members.
No person who is not a member shall assist a member in the hunting of migratory birds pursuant to this Chapter except as provided in § 4051 [Permissible Conduct/Assistance by Non-Members] of this Chapter.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 10.18.
§ 5221. Sale of Migratory Birds Parts Regulated.
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(a) No member shall sell the meat of any migratory bird taken in the Minnesota Ceded Territory.
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(b) A member may use the feathers of migratory birds lawfully harvested under this Chapter for subsistence uses, including the making and selling of handicraft articles as defined in § 4011(r) of this Chapter subject to the following [permit requirements to trace all feathers to be developed].
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(c) Nothing in this Chapter shall be construed to prohibit a member from selling the feathers of migratory waterfowl (ducks, geese, brant and swans) lawfully harvested pursuant to this Chapter for the making of fishing flies, bed pillows, and mattresses, and for similar commercial uses except that:
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(1) No member shall purchase or sell, or offer to purchase or sell, for millinery or ornamental use the feathers of migratory birds taken in the Minnesota Ceded Territory (except as provided in paragraph (b); and
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(2) No member shall purchase or sell, or offer to purchase or sell, mounted specimens of migratory birds taken in the Minnesota Ceded Territory.
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Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 10.19.