Subchapter 7 - Bear Harvesting Regulations

Section

5081. Definitions.
5082. Open and Closed Season.
5083. Hunting During Closes Season Prohibited.
5084. Number of Bear Available for Harvest.
5085. Bear Season; Specific Regulations.
5086. Bear Hunting Permits/Tags.
5087. Bear Registrations.
5088. Skinning/Preservation Intact.
5089. Permissible Methods.
5090. Firearms Restrictions.
5091. Bow and Crossbow Restrictions.
5092. Group Bear Hunting.
5093. Hunting wit Non-Members.
5094. Hunting Hours.
5095. Transportation.
5096. Hunting on Certain Public Land Prohibited.
5097. Hunting on Certain Private Lands Prohibited.
5098. Hunting Bear with Dogs.
5099. Dens.
5100. Landfills.
5101. Cubs.
5102. Removal and Retention of Tags.
5103. Sales of Bear and Bear Parts.
5104. Commercial Harvest Regulated.
5105. Baiting of Bear.
5106. Shining.
5107. Authorization of Closure.

§ 5081. Definitions.

For the purpose of this Subchapter, the following terms shall be construed to apply as follows:

• (a) "Bow" shall have the meaning provided in § 5041(b) of this Chapter.
• (b) "Crossbow" shall have the meaning provided in § 5041(c) of this Chapter.
• (c) "Firearm" shall have the meaning provided in § 5041(d).

Historical and Statutory Notes

Source:
Band Ordinance 07-97, § 7.01.

§ 5082. Open and Closed Season.

A closed season is hereby established for the hunting of bear except for the open season specified in § 5085 of this Chapter.

Historical and Statutory Notes

Source:
Band Ordinance 07-97, § 7.02.

§ 5083. Hunting During Closed Season Prohibited.

Except as otherwise expressly provided by this Chapter, no member shall hunt bear in the Minnesota Ceded Territory during the closed season.

Historical and Statutory Notes

Source:
Band Ordinance 07-97, § 7.03.

§ 5084. Number of Bear Available for Harvest.

• (a) The number of bear which shall be available for harvest in each bear management zone pursuant to this Chapter for each twelve month period commencing July 1 and ending June 30 shall be limited to the number established by the Bands after consultation with the State Department of Natural Resources regarding the total harvestable surplus in the zone, and in accordance with the provisions in the final decree in Mille Lacs Band v. State of Minnesota, No. 3-94-1226 (D. Minn.), regarding bear management. For purposes of this Chapter, this number shall be termed the treaty quota.

• (b) No member shall hunt bear in any bear management zone in which no bear have been made available for treaty harvest pursuant to paragraph (a) or which has been closed to further bear hunting pursuant to § 5107 of this Chapter.

Historical and Statutory Notes

Source:
Band Ordinance 07-97, § 7.05.

§ 5085. Bear Season; Specific Regulations.

• (a) All dates given in this section are inclusive.

• (b) Closed Season. No member shall hunt bear from November 16 through Labor Day.

• (c) Bow, Crossbow and Firearm Season. An annual firearm, bow and crossbow season is hereby established commencing on the day after Labor Day and extending to November 15.

• (d) Nothing in this section shall be construed to authorize bear hunting or the opening of a bear hunting season contrary to an Emergency Closure Order issued pursuant to § 4152 [Emergency Closure] of this Chapter

Historical and Statutory Notes

Source:
Band Ordinance 07-97, § 7.06.

§ 5086. Bear Hunting Permits/Tags.

• (a) No member shall hunt bear pursuant to this Chapter without possessing a valid bear hunting permit.

• (b)

  • (1) Except as provided in § 5092 [Group Bear Hunting] of this Chapter, no member shall take a bear without possessing a bear carcass tag valid for the bear management zone in which the bear is shot.

  • (2) The Department of Natural Resources shall issue no more than 1 carcass tag at a time to a member.

• (c) No member shall move a bear before affixing to it a valid carcass tag.

Historical and Statutory Notes

Source:
Band Ordinance 07-97, § 7.07.

§ 5087. Bear Registration.

• (a) A member who has killed a bear pursuant to this Chapter, or, in the instance of group hunting [§ 5092 of this Chapter], whose carcass tag has been affixed to the bear, shall register the bear by presenting it to a registration station operated by one of the Bands no later than 5:00 p.m. of the first working day after the killing.

• (b) Upon registering a bear pursuant to this section, the registering official shall affix a registration tag and duly record in an appropriate manner all information required to be provided by the member at the time of registration.

• (c) A member registering a bear shall provide the registering official with the following information: the deer management unit and county where the bear was taken, the date when the bear was taken, the Band identification number of the member taking the bear and any other relevant information requested by the registering official.

• (d) A member registering a bear shall upon request submit biological samples to the Commission according to the instructions of the Commission.

• (e) No member shall register a bear except by presenting the entire carcass to the registering official or, in the alternative, by presenting only the hide with claws, head and teeth attached thereto, provided the carcass tag is firmly affixed to the hide or any part thereof.

• (f) No person shall provide information to the registering official which the person knows, or has reason to know, is false or misleading.

• (g) An officer of one of the Bands or Commission warden authorized pursuant to § 4082 of this Chapter to enforce the provisions of this Chapter is authorized to register bear in the field provided such warden provides all registering information to a registration station operated by one of the Bands no later than 5:00 p.m. of the first working day after the field registration.

Historical and Statutory Notes

Source:
Band Ordinance 07-97, § 7.08.

§ 5088. Skinning/Preservation Intact.

No member shall skin or butcher, other than for field dressing, a bear prior to registration unless the member leaves the claws, head and teeth attached to the hide.

Historical and Statutory Notes

Source:
Band Ordinance 07-97, § 7.09.

§ 5089. Permissible Methods.

No member shall hunt bear except by the use of any firearm, bow or crossbow, the use of which is not prohibited by this Chapter.

Historical and Statutory Notes

Source:
Band Ordinance 07-97, § 7.10.

§ 5090. Firearms Restrictions.

No member shall hunt bear with a .22 caliber rifle, any firearm the use of which is prohibited pursuant to § 5048 of this Chapter for hunting deer, while possessing more than one handgun, or with the use of buckshot.

Historical and Statutory Notes

Source:
Band Ordinance 07-97, § 7.11.

§ 5091. Bow and Crossbow Restrictions.

No member shall hunt bear:

• (a) With a bow having a pull of less than 40 pounds or using an arrowhead other than one that has a minimum of two metal cutting edges, is of barbless broadhead design, and has a diameter of at least seven-eighths inch. Non-retractable arrowheads are barbless if the trailing edge of the blade creates a 90 degree or greater angle with the shaft of the arrow. Retractable broadheads may be used if they meet the following criteria:

  • (1) they are at least seven-eighths of an inch in width and no more than two inches in width at or after impact with a big game animal; and

  • (2) they are a barbless design and function in a barbless manner. Retractable arrowheads are a barbless design if the trailing edge of each blade creates a 90 degree or greater angle with the shaft when the blades are fully retracted. Retractable arrowheads function in a barbless manner if, when withdrawn from a big game animal, the blades retract so that the trailing edge of each blade is at a 90 degree or greater angle to the arrow shaft.

• (b) With a crossbow not in compliance with the provisions of § 5049(b) of this Chapter.

Historical and Statutory Notes

Source:
Band Ordinance 07-97, § 7.12.

§ 5092. Group Bear Hunting.

• (a) As used in this section:

  • (1) "Contact" means visual or voice contact without the aid of any mechanical or electronic amplifying device other than a hearing aid.

  • (2) "Group bear hunting party" means 2 or more members lawfully hunting bear in a group all using firearms.

• (b) Any member of a group bear hunting party may kill a bear for another member of the group bear hunting party if both of the following conditions exist:

  • (1) At the time and place of the kill, the member who kills the bear is in contact with the person for whom the bear is killed.

  • (2) The member for whom the bear is killed possesses a current unused bear carcass tag valid for the bear management zone in which the bear is killed.

• (c) A member who kills a bear under paragraph (b) shall ensure that a member of his or her group bear hunting party without delay attaches a bear carcass tag to the bear prior to moving or field dressing it. No member who kills a bear while group hunting shall leave the bear unattended until after it is properly tagged.

Historical and Statutory Notes

Source:
Band Ordinance 07-97, § 7.13.

§ 5093. Hunting with Non-Members.

Except as provided in § 4051 [Permissible Conduct/Assistance by Non-Members] of this Chapter, no member may share with anyone who is not a member of one of the Bands any Band bear permit, carcass tag, gear, or bait except that nothing in this Chapter shall be construed to prohibit a member from hunting with any person who is not a member of the Band during the State of Minnesota bear hunting season if that person has a state bear hunting license valid for that permit area and an unused tag.

Historical and Statutory Notes

Source:
Band Ordinance 07-97, § 7.14.

§ 5094. Hunting Hours.

No member shall hunt bear except during the hours established for hunting deer in § 5051 of this Chapter, provided that a bear may be taken while hunting for deer as authorized by § 5059 of this Chapter.

Historical and Statutory Notes

Source:
Band Ordinance 07-97, § 7.15.

§ 5095. Transportation.

All bears shall be transported in such a manner that inspection by registration agents or conservation officers is readily accomplished.

Historical and Statutory Notes

Source:
Band Ordinance 07-97, § 7.16.

§ 5096. Hunting on Certain Public Lands Prohibited.

No member shall hunt bear on any of the following public lands except as noted:

• (a) Designated public campgrounds, public beaches, public picnic areas, and public water access sites.

• (b) Public lands within incorporated areas except

  • (1) bow and gun hunting is permitted on lands which are designated for bow and gun hunting; and

  • (2) bow hunting is permitted on lands which are designated for bow hunting.

• (c) All parks identified by Commissioner's Order under § 4048 of this Chapter except:

  • (1) on lands held in trust for the Minnesota Chippewa Tribe, the Mille Lacs Band or its members; or

  • (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.

• (d) All wildlife refuges, scientific and natural areas, and other closed or restricted areas as established by § 4048 of this Chapter, except as hunting is permitted by the Commissioner in those areas.

Historical and Statutory Notes

Source:
Band Ordinance 07-97, § 7.17.

§ 5097. Hunting on Certain Private Lands Prohibited.

As provided in § 4041(a) of this Chapter, no member shall hunt bear 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, § 7.18.

§ 5098. Hunting Bear with Dogs.

No member shall hunt bear with dogs.

Historical and Statutory Notes

Source:
Band Ordinance 07-97, § 7.19.

§ 5099. Dens.

No member shall hunt, shoot or disturb a bear in a den.

Historical and Statutory Notes

Source:
Band Ordinance 07-97, § 7.20.

§ 5100. Landfills.

No member shall hunt or shoot bear in any dump or sanitary landfill.

Historical and Statutory Notes

Source:
Band Ordinance 07-97, § 7.21.

§ 5101. Cubs.

No member may shoot, shoot at, or kill any bear cub or any adult bear accompanied by a cub or cubs.

Historical and Statutory Notes

Source:
Band Ordinance 07-97, § 7.22.

§ 5102. Removal and Retention of Tags.

• (a) No member who kills a bear pursuant to this Chapter shall remove a registration tag from the carcass until such time as the carcass is butchered or when the bear is prepared by a taxidermist.

• (b) No member who kills a bear pursuant to this Chapter shall dispose of the registration tag until the meat is consumed.

• (c) Any person who receives any bear meat as a gift or pursuant to § 5103(b)(1) or (2) [Sale to Members] of this Chapter from a member who retains a registration tag under this section is not required to possess a registration tag.

Historical and Statutory Notes

Source:
Band Ordinance 07-97, § 7.23.

§ 5103. Sale of Bear and Bear Parts.

• (a) Head, skin, teeth, claws and paws. A member who has lawfully harvested and registered a bear pursuant to this Chapter may sell to another person the head, skin, teeth, or claws, whether attached to or separate from the carcass. The skin may contain the attached paws when sold.

• (b) Meat. No member shall sell the meat of any bear killed pursuant to this Chapter, except in compliance with the following provisions and if sold for human consumption with the provisions of federal law applicable to the sale of meat for human consumption:

  • (1) Sale to Members. Any member who has lawfully harvested and registered a bear pursuant to this Chapter may sell the meat of any carcass, or any part thereof, of the bear to any other member provided no member who receives the meat pursuant to this paragraph (b) shall sell such meat to any person who is not a member.

  • (2) Sale to Members of Other Bands. Any member who has lawfully harvested and registered a bear pursuant to this Chapter may sell the meat of any carcass, or any part thereof, of the bear to a member of one of the other Bands provided that such other Band prohibits its member who receives the meat pursuant to this paragraph (b) from selling the meat to any person who is not a member of one of the Bands.

  • (3) Sale to Non-members. A member who has lawfully harvested and registered a bear pursuant to this Chapter may sell to a person who is not a member of one of the Bands only the whole carcass (except for the head, skin, teeth, claws and internal organs) of the bear, provided the member:

    • (i) complies with the commercial harvest provisions of § 5104 of this Chapter; and

    • (ii) otherwise complies with the provisions of this Chapter applicable to bear hunting.

• (c) Paws and Internal Organs.

  • (1) Sale to Non-Members. No member shall sell to any person who is not a member any paw which has been severed from the skin or any internal organ of any bear harvested pursuant to this Chapter.

  • (2) Sale to Members. No member shall sell to another member any paw which has been severed from the skin or any internal organ of any bear harvested by the member pursuant to this Chapter except as follows:

    • (i) The member may sell any paw which has been severed from the skin or any internal organ of a bear lawfully harvested pursuant to this Chapter to any other member provided no member who receives any such part pursuant to this paragraph shall sell the part to any person who is not a member.

  • (3) Sale to the Band. Any member who has lawfully harvested and registered a bear pursuant to this Chapter may sell any paw which has been severed from the skin or any internal organ of the bear to the Band provided:

    • (i) the Band complies with the provisions of paragraph (4) below; and

    • (ii) the member complies with the commercial harvest provisions of § 5104 of this Chapter.

  • (4) The Band may purchase or otherwise obtain from a member who has lawfully harvested and registered a bear pursuant to this Chapter any paw which has been severed from the skin or any internal organ of the bear and may sell such part to any person provided:

    • (i) the Band maintains a record of all such transactions, including the name of the member, the name and address of the subsequent purchaser, the carcass tag and registration tag numbers of the bear which was lawfully harvested and the part or parts involved in the transaction;

    • (ii) a bill of sale or other similar document indicating the date of the transaction, the parties to the transaction, and the part or parts involved in the transaction; and

    • (iii) the sale is restricted to the exporting of such part outside the United States.

Historical and Statutory Notes

Source:
Band Ordinance 07-97, § 7.24.

§ 5104. Commercial Harvest Regulated.

• (a) Purpose. The purpose of this section is to establish the regulations governing the harvest and registration of bear the meat of which, and the teeth, claws, paws or viscera when severed from the carcass of which, may be sold pursuant to this Chapter when subsequent sale or resale of the meat or such parts to non-members is contemplated.

• (b) Effective Date.

  • (1) The provisions of this section shall not take effect until such time as the governing body of the Band specifically declares them effective by an enabling resolution.

  • (2) No member shall sell any meat or sell any tooth, claw, paw or organ when severed from the carcass pursuant to this section prior to the effective date as declared by the governing body of the Band in accordance with paragraph (1).

• (c) Commercial Harvest Permit Application.

  • (1) Any member who or a group of members which possesses a valid bear hunting permit may apply on such forms as the Band may prescribe to the Department of Natural Resources for an additional permit authorizing the harvest of bear for commercial purposes on the terms and conditions prescribed by this section.

  • (2) The Department of Natural Resources shall grant or deny the application, and shall notify the applicant as soon as practicable of its decision.

  • (3) A decision to grant the application may impose conditions upon a Commercial Harvest Permit which are more restrictive than the conditions imposed by this section.

• (d) Terms and Conditions of a Commercial Harvest Permit. A Commercial Harvest Permit:

  • (1) may authorize the permittee to harvest no more than the number of bear available for harvest in any one bear management zone;

  • (2) shall restrict the permittee's hunting of bear pursuant to the permit to only one bear management zone at any given time;

  • (3) shall require a member to register all bear harvested pursuant to the permit at a registration station operated by one of the Bands located within the bear management zone for which the permit is valid or within an adjoining management zone provided the bear is transported directly to a registration station in that adjoining unit on federal and state highways; and

  • (4) shall require that all members named on the Commercial Harvest Permit possess an official copy of the permit and at least one valid carcass tag while hunting pursuant to the permit.

• (e) Registration of Entire Carcass Required. When registering a bear under a Commercial Harvest Permit, a member shall present the entire bear carcass (except for the viscera) for registration to an authorized registering official and no registering official shall register a bear under this section unless the entire carcass (except for the viscera) is presented for registration.

• (f) Registration Tag Required. Upon registration, the registering official shall affix a commercial harvest registration tag to the carcass.

• (g) General Tagging and Registration Requirements Unaffected. Except as modified by the provisions of this section, the provisions of § 5086 [Bear Hunting Permits/Tags] and 5087 [Bear Registration] of this Chapter shall apply to members hunting pursuant to a Commercial Harvest Permit.

• (h) Transfer of Entire Carcass Required.

  • (1) No member shall sell to any person who is not a member any bear registered under this section without transferring the entire carcass of such bear, except for the head, skin and viscera, the registration tag, and such accompanying documents as the Department of Natural Resources may require to the person to whom such bear is sold.

    • (i) No member shall sell to any person who is not a member the head or skin of any bear registered under this section without transferring the entire skin with the head, claws and teeth attached, the registration tag if it has not been or will not be transferred pursuant to paragraph (1), and such accompanying documents as the Band may require to the person to whom the skin is sold. If the registration tag is not available for transfer under this subsection because of transfer pursuant to paragraph (1), the member shall transfer a document indicating the carcass tag and registration tag numbers of the bear from which the skin has been removed.

    • (ii) No member shall sell to the Band pursuant to § 5103(c)(3) of this Chapter any organ of any bear registered under this section without transferring to the Band the information and documents required in §5103(c)(4) of this Chapter

Historical and Statutory Notes

Source:
Band Ordinance 07-97, § 7.25.

§ 5105. Baiting of Bear.

A bear may be taken by the use of bait in compliance with § 4041(f) of this Chapter, provided that no member shall establish, service or maintain any bear bait station prior to the Friday nearest August 14.

Historical and Statutory Notes

Source:
Band Ordinance 07-97, § 7.26.

§ 5106. Shining.

No member shall hunt bear while shining, as defined in § 4034 of this Chapter, except that during the open bear season established by § 5085 [Bear Season; Specific Regulations] of this Chapter a bear may be taken while hunting from a deer shining stand as authorized by § 5059 of this Chapter.

Historical and Statutory Notes

Source:
Band Ordinance 07-97, § 7.27.

§ 5107. Authorization for Closure.

The Commissioner or his or her designee shall close any bear management zone to bear hunting prior to the season's closing date if no bear remain available for harvest under this Chapter in that zone.

Historical and Statutory Notes

Source:
Band Ordinance 07-97, § 7.28.