Section
5011. Band Wild Rice Authority.
5012. Permit Required.
5013. Sale of Wild Rice Authorized.
5014. Allowable Methods.
5015. Boats.
5016. Open Season.
5017. Hours.
5018. Harvest Monitoring.
5019. Harvest by Authorizes Officials.
5020. Assistance by Non-Members.
§ 5011. Band Wild Rice Authority.
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(a) Recognition. There hereby is recognized the Mille Lacs Wild Rice Authority which shall have the powers and duties enumerated in this subchapter.
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(b) Definition. As used in this subchapter, the "Mille Lacs Wild Rice Authority" shall mean the individuals named by the Department of Natural Resources of the Mille Lacs Band to act in the manner of the traditional Band members for the purposes of implementing the provisions of this subchapter and of regulating the harvest and conservation of wild rice.
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(c) Powers. The Mille Lacs Wild Rice Authority may designate the open and closed dates for harvesting wild rice growing within the Minnesota Ceded Territory by posting notice of the open dates on the shores of and at places of access to such waters. The Authority will work with the Department of Natural Resources so that at least 24 hours notice is given before such open dates.
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(d) Sufficient Notice of Opening Dates. The posting of an open date for harvesting wild rice pursuant to paragraph (c) shall be deemed sufficient notice of such opening date and no other publication thereof is required.
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(e) Consultation Required. In exercising its powers and duties under paragraph (c), the Mille Lacs Wild Rice Authority shall consult with and obtain the advice and recommendations of the Commissioner, and comply with the provisions in the final decree in Mille Lacs Band v. State of Minnesota, No. 3-94-1226 (D. Minn.), regarding wild rice management. The Commissioner shall consult with the Minnesota Department of Natural Resources prior to the opening date.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 5.01.
§ 5012. Permit Required.
No member shall harvest or gather wild rice pursuant to this Chapter without possessing a valid wild rice harvesting permit issued by the Department of Natural Resources. No wild rice harvest permit is required of helpers of a permittee who participate only in shore operations.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 5.02.
§ 5013. Sale of Wild Rice Authorized.
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(a) Nothing in this Chapter shall be construed to prohibit members from selling wild rice legally harvested pursuant to this Chapter.
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(b) A member who sells wild rice harvested under this Chapter to non-members shall comply with the following labeling requirements:
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(1) Wild rice containing a portion of wild rice that is cultivated and offered for wholesale or retail sale must be plainly and conspicuously labeled as either "paddy" or as "cultivated" in letters of a size and form prescribed by the Commissioner.
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(2) A package containing only 100 percent natural lake or river wild rice that is offered for sale at wholesale or retail sale must be plainly and conspicuously labeled as "100 percent naturally grown, lake and river wild rice" in letters of a size and form prescribed by the Commissioner. A package of wild rice labeled "100 percent naturally grown, lake and river wild rice" must also contain the license number issued under M.S. 84.152 of the last licensed dealer, if any, who handled the wild rice.
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(3) A package that does not contain 100 percent natural lake or river wild rice may not contain a label authorized under paragraph (2).
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(4) A package containing a portion of 100 percent naturally grown lake and river wild rice that is harvested by use of mechanical harvesting devices and that is offered for sale at wholesale or retail must be plainly and conspicuously labeled as "machine harvested" in letters of a size and form prescribed by the Commissioner. In addition, the letters "machine harvested" must be placed near the product's identity on the label. Packages containing 100 percent hand-harvested wild rice may be labeled as "hand harvested."
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(5) A package of cultivated or natural lake or river wild rice offered for sale at wholesale or retail in this state must specify the place of origin of the wild rice by a plain and conspicuous label placed near the product's identity on the label in letters of a size and form prescribed by the Commissioner. Only packages containing cultivated or natural lake or river wild rice that is 100 percent grown in Minnesota may be labeled as "grown in Minnesota."
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(6) A wild rice label that implies the wild rice is harvested or processed by Chippewas is misbranded unless the package contains only 100 percent natural lake or river wild rice harvested by Chippewas.
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(7) This section does not apply to cultivated or natural lake or river wild rice sold at wholesale or retail outside Minnesota.
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(c) The provisions of § 4047 [Records of Commercial Transactions Required] of this Chapter shall not apply to a member who sells less than 500 pounds of wild rice in Minnesota in a calendar year. For members who sell more than 500 pounds of wild rice in Minnesota in a calendar year, the records under § 4047 of this Chapter shall include, in addition to those specified in that section:
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(1) for members selling or offering for sale wild rice at retail, an invoice indicating the name of the product, amount and date of purchase, and name, address, zip code and telephone number of the supplier; and
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(2) for members not selling or offering for sale wild rice at retail, an identification of the place of origin of the wild rice, the lot numbers of the wild rice bought and sold in each transaction, and documents that track the rice by lot number through processing and assignment of a final lot number on the finished product.
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Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 5.03.
§ 5014. Allowable Methods.
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(a) No member shall harvest or gather wild rice by the use of any method other than smooth, rounded cedar rods or sticks not more than 32 inches in length and which are held and operated by hand.
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(b) No member shall bind or otherwise bundle together any wild rice stalks, or harvest or gather any wild rice, the stalks of which have been bound or otherwise bundled together, except by special permit issued by the Commissioner.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 5.04.
§ 5015. Boats.
No member may harvest or gather any wild rice by the use of any boat longer than 17 feet or wider than 38 inches, or with any modification of the gunwale designed to capture rice outside of the boat, or by the use of any boat propelled by other than muscular power using only a push pole or canoe paddle.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 5.05.
§ 5016. Open Season.
No member shall harvest or gather wild rice in any body of water except during the time(s) as such body of water is posted open by the Mille Lacs Wild Rice Authority pursuant to § 5011(c) of this Chapter.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 5.06.
§ 5017. Hours.
No member shall harvest or gather wild rice between sunset and the following 9:00 a.m., Central Time.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 5.08.
§ 5018. Harvest Monitoring.
No member shall refuse to cooperate with wild rice harvest monitoring activities conducted by one of the Bands or the Commission's Biological Services Division.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 5.09.
§ 5019. Harvest by Authorized Officials.
Nothing in this Chapter shall prohibit or preclude the Department of Natural Resources, the Commission's Biological Services Division or their designees from harvesting or gathering wild rice for scientific purposes or otherwise within the performance of their duties.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 5.10.
§ 5020. Assistance by Non-Members.
No person who is not a member of one of the Bands shall assist a member in the gathering of wild rice 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, § 5.12.