Section
5121. Purpose.
5122. Definitions.
5123. Open and Closed Seasons.
5124. Hunting/Trapping During Closed Season Prohibited.
5125. Small Game Quotas.
5126. Small Game Harvest Permits/Tags.
5127. Otter, Bobcat and Fisher Registration.
5128. Small Game Seasons; Specific Regulations.
5129. Hunting Hours.
5130. Hunting and Trapping on Certain Public Lands Prohibited.
5131. Hunting and Trapping on Certain Private Lands Prohibited.
5132. Small Game Hunting Prohibited Methods.
5133. Shining Raccoon, Fox or Unprotected Species.
5134. Identification of Traps Required.
5135. Specific Trapping Regulations.
5136. Specific Snaring Regulations.
5137. Possession and Sale of Live Small Game Animals.
5138. Incidental Take.
5139. Shipment of Furs.
5140. Sale of Small Game Authorized.
5141. Authorization for Closure.
5142. Sharing of Equipment/Assisting Band Member.
5143. Wild Turkey Hunting Regulations.
5144. Small Game Hunting Caliber Restrictions.
5145. Taking Animals Causing Damage.
§ 5121. Purpose.
The purpose of this Subchapter is to regulate small game hunting and trapping in the Minnesota Ceded Territory by members.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 8.01.
§ 5122. Definitions.
For the purpose of this Subchapter, the following terms shall be construed as follows:
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(a) "Bow" shall have the meaning prescribed in § 5041(b) of this Chapter.
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(b) "Crossbow" shall have the meaning prescribed in § 5041 (c) of this Chapter.
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(c) "Firearm" shall have the meaning prescribed in § 5041(d) of this Chapter.
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(d) "Hunt" or "Hunting" shall have the meaning prescribed in § 4011(k) of this Chapter but shall not include trapping for the purposes of this Subchapter.
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(e) "Trap", in addition to the meaning prescribed in § 4011(s) of this Chapter, means to trap or snare.
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(f) "Unprotected Species" means:
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(1) Opossum, Coyotes (brush wolves), skunk, weasel, woodchuck, gophers, and porcupines;
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(2) Starlings, English sparrows, Common pigeons, coturnix quail, chukar partridge, monk parakeet and rock doves; and
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(3) All other unprotected species as defined in § 4011(t) of this Chapter.
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Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 8.02.
§ 5123. Open and Closed Seasons.
A closed season is hereby established for the hunting and trapping of small game except for the specified open season.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 8.03.
§ 5124. Hunting/Trapping During Closed Season Prohibited.
Except as otherwise expressly provided in this Chapter, no member shall hunt or trap small game in the Minnesota Ceded Territory during the closed season.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 8.04.
§ 5125. Small Game Quotas.
The number of otter, bobcat, marten, lynx or fisher which shall be available for harvest 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, 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 small game management. For purposes of this Chapter, this number shall be termed the treaty quota.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 8.06.
§ 5126. Small Game Harvest Permits/Tags.
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(a)
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(1) No member shall hunt small game pursuant to this Chapter without possessing a valid small game hunting permit.
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(2) No member shall hunt bobcat without possessing a valid carcass tag.
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(b)
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(1) No member shall trap small game pursuant to this Chapter without possessing a valid small game trapping permit.
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(2) No member shall trap otter, bobcat or fisher without possessing a valid carcass tag.
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(c) Except as provided in § 5137 [Possession and Sale of Live Small Game Animals] of this Chapter, no member shall move or field dress an otter, bobcat, marten, lynx or fisher before affixing to it a valid carcass tag.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 8.07.
§ 5127. Otter, Bobcat and Fisher Registration.
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(a) A member killing an otter, bobcat or fisher pursuant to this Chapter shall register the animal 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 killing if the animal was hunted or after retrieval if the animal was trapped.
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(b) Upon registering an otter, bobcat or fisher pursuant to this section, the registering official shall affix a registration tag and shall duly record in an appropriate manner all information required to be provided by the member at the time of registration.
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(c) A member registering an otter, bobcat or fisher shall provide the registering official with the following information: the sex of the animal taken, the deer management unit and county where the animal was taken, the date when the animal was taken, the Band identification number of the member taking the animal and any other relevant information requested by the registering official.
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(d) No member shall register an otter, bobcat or fisher except by presenting the whole carcass to the registering official, or in the alternative, by providing the whole skin to the registering official provided the carcass tag is attached to the skin.
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(e) No member shall provide information to the registering official which the member knows, or has reason to know, is false or misleading.
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(f) 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 otter, bobcat or fisher in the field provided such warden transmits all registering information to a registration station operated by one of the Bands no later than the registration deadline established by paragraph (a), above.
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(g) No member shall fail to transfer the carcass, except for the skin, of any bobcat, otter or fisher to the Department of Natural Resources or the Commission's Biological Services Division when requested unless the carcass was delivered to a licensed fur buyer.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 8.08.
§ 5128. Small Game Seasons; Specific Regulations.
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(a) Annual small game trapping seasons for the time periods provided in paragraph (b)(2) and annual small game hunting seasons for the time periods provided in paragraph (c)(2) are hereby established.
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(b)
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(1) For the purposes of small game trapping, seasons begin at 6:00 a.m. of the opening date and end at 11:59 p.m. of the closing date.
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(2) The small game trapping season for all species listed in paragraph (c)(2) commences on October 1 and closes on March 31, except that there is no open trapping season for lynx, marten, female pheasants, ruffled grouse or sharptailed grouse.
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(c)
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(1) For the purposes of small game hunting, seasons begin and end in accordance with the applicable hunting hours prescribed in § 5129 of this Chapter.
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(2) Specific small game hunting seasons (all dates are inclusive):
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(i) Badger: Day after Labor Day – March
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(ii) Bobcat: October 1 - March 31
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(iii) Beaver: Year Around
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(iv) Bobwhite Quail: Day after Labor Day – March 31
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(v) Coyote: Year Around
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(vi) Cottontail Rabbit: Year Around
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(vii) Fisher: No Open Hunting Season
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(viii) Hungarian Partridge: Day after Labor Day – March 31
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(ix) Lynx: No Open Season
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(x) Marten: No Open Season
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(xi) Minx: October 1 - March 31
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(xii) Muskrat: October 1 - March 31
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(xiii) Otter: No Open Hunting Season
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(xiv) Pheasant: Day after Labor Day – December 31
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(xv) Raccoon: Year Around
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(xvi) Red Fox: Year Around
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(xvii) Gray Fox: Day after Labor Day – March 31
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(xviii) Red, Gray, and Fox Squirrel: Year Around
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(xix) Ruffed Grouse: Day after Labor Day – March 31
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(xx) Sharp-Tailed Grouse: Day after Labor Day – January 31
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(xxi) Snowshoe Hare: Year Around
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(xxii) Unprotected Species: Year Around
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(3) The daily bag limit for each species will be established annually by the Bands, in accordance with the provisions in the final decree in Mille Lacs Band v. State of Minnesota, No. 3-94-1226 (D. Minn.), regarding small game management.
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(d) Nothing in this section shall be construed to authorize small game hunting or trapping or the opening of a small game hunting or trapping season for a particular species contrary to an Emergency Closure Order issued pursuant to § 4152 [Emergency Closure] of this Chapter.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 8.09.
§ 5129. Hunting Hours.
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(a) Except where otherwise expressly authorized by this Chapter, no member shall hunt small game except during the hours prescribed by this section.
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(b) Lawful small game hunting hours during open seasons are provided as follows:
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(1) For all small game animals except fox, raccoon and unprotected species one half hour before sunrise to one half hour after sunset.
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(2) For fox, raccoon, and unprotected species, 24 hours per day except during the state deer season described in § 5046(d) of this Chapter when small game hunting hours shall be the same as deer hunting hours under this Chapter.
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Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 8.10.
§ 5130. Hunting and Trapping on Certain Public Lands Prohibited.
No member shall hunt or trap small game 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 for those lands which are designated for small game hunting or trapping.
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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 small game hunting or trapping is permitted by the Commissioner in these areas.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 8.11.
§ 5131. Hunting and Trapping on Certain Private Lands Prohibited.
As provided in § 4041(a) of this Chapter, no member shall hunt or trap small game 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, § 8.12.
§ 5132. Small Game Hunting Prohibited Methods.
While hunting small game, no member shall:
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(a) Use or possess any device designed or used for the purpose of driving rabbits out of their holes or dens;
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(b) Use or possess any ferret;
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(c) Molest the nest or den of any squirrel; or
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(d) Use smoke, fire or mechanical devices (including dragging a rope, wire or other device across a field) to take small game.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 8.15.
§ 5133. Shining Raccoon, Fox or Unprotected Species.
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(a) No member shall hunt raccoon, fox or any unprotected species while shining as defined in § 4034 of this Chapter except:
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(1) While hunting on foot during the open season for the animal hunted, a member may possess or use a flashlight at the point of kill; or
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(2) While on foot training a dog to hunt or track raccoon, fox or any unprotected species, a member may possess or use a flashlight, provided the member may only have blank cartridges or shells in personal possession.
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(b) No member shall hunt raccoon, fox or any unprotected species while shining during the State deer season described in § 5046(d) of this Chapter.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 8.16.
§ 5134. Identification of Traps Required.
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(a) No member shall trap pursuant to this Chapter without affixing to each trap or snare a metal tag upon which shall be stamped or engraved the trapper's legible name and address and initials designated by the Department of Natural Resources indicating membership in the Band.
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(b) Any trap or snare which is untagged shall be immediately seized and confiscated, and the owner or member using or attending the untagged trap shall be subject to citation for a violation of the provisions of paragraph (a).
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 8.17.
§ 5135. Specific Trapping Regulations.
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(a) No member shall:
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(1) Set out traps or snares except during the open season.
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(2) Set out bait or scent for attracting furbearing animals except during the open season.
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(3) Use sight-exposed bait, visible from above, consisting of feathers, animal flesh, fur, hide or entrails within 25 feet of a trap or snare.
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(4) Use water sets except during the open season for muskrat, beaver or otter.
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(5) Fail to check all dry land sets and snares and to remove all animals therein at least once each day.
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(6) Place on the ice any artificial house or den, or place therein any trap or snare, which has the purpose or may have the effect of taking furbearers.
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(7) Set, place, possess or operate on or adjacent to waters any trap other than a snare or steel-jawed trap or live-trap capable of capturing only one animal in a single setting for the purpose of taking furbearing animals.
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(8) Set, place or operate any killer or conibear trap larger than 7" x 7" unless the trap is at least half submerged under water.
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(9) Set, place or operate any steel-jawed trap with a spread width of more than 8 inches.
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(10) Set, place or operate any steel-jawed trap with teeth unless the trap is placed or staked in such a manner as to permit the trap or trapped animal to reach water.
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(11) Set, place or operate any killer trap of the conibear type greater than 6" x 6" or 6" in diameter in the following locations:
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(i) Within, or within 3 feet of, any privately constructed or any federal, tribal, state, county or township road right-of-way culvert unless completely submerged in water.
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(ii) Within 3 feet of any woven or welded wire mesh type fence.
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(iii) Within 100 yards of any building devoted to human occupancy without the owner's consent.
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(12) Make an opening in a muskrat house for the purpose of trapping, or otherwise damage a muskrat house, runway or bank den, unless the opening is plugged by replacing all materials removed to prevent freezing within the structure. Traps may be set at natural entrances to muskrat runways and bank burrows.
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(13) Damage a beaver house or dam or set a trap of any kind inside a beaver house or above the water line on the outside of a beaver house.
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(14) Fail to check at least once each day all watersets not capable of drowning an animal and remove any animal captured.
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(15) Except for traps set under the ice, fail to check at least once each third day all watersets capable of drowning a captured animal and remove any animal captured.
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(b) The Commissioner may by order prohibit Band members from setting out snares except where the snare loop is at least half-submerged under water in the portions of the Minnesota Ceded Territory south of a line following Highway 95 from Taylor Falls to Highway 169, Highway 169 to County Road 16, County Road 16 to County Road 32, County Road 32 to County Road 33, County Road 33 to County Road 34, and County Road 34 to the Mississippi River.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 8.18.
§ 5136. Specific Snaring Regulations.
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(a) No member shall trap small game by the use of a snare except in compliance with the following provisions:
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(1) Any snare must be anchored so that it may not be dragged.
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(2) Any snare must be tagged as in § 5134(a) of this Chapter.
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(3) No snare may be spring activated.
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(4) Any snare must be set in a manner which prevents an animal from being suspended unless it is attached to a drowning mechanism.
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(5) Any upland snare must be removed no later than March 31.
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(6) Any water set snare must be removed no later than March 31.
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(7) Except as provided in paragraph (b), any snare must have a mechanical lock which will prevent the snare loop size from becoming smaller than 2-1/2 inches.
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(8) Except as provided in paragraph (b), any snare must have a swivel device on the anchor end.
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(9) Any snare or cable wire may not have a diameter exceeding 1/8 inch.
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(10) No upland snare shall be set on a well-defined deer trail.
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(11) No upland snare shall be set such that the bottom of the loop is more than 6" above the ground or, when the ground is snow covered, more than 6" above the level of the adjoining trail.
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(12) No upland snare shall be set with a loop size greater than 10" in diameter.
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(b) Members may use braided picture wire snares without locks or swivels for the purpose of snaring rabbits or hares.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 8.19.
§ 5137. Possession and Sale of Live Small Game Animals.
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(a) As used in this section, the following terms shall be construed to apply as follows:
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(1) "Control temporarily" means to possess a small game animal for a limited period of time for one of the following purposes:
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(i) Removal or transportation of a small game animal from one location to a more appropriate location;
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(ii) Restraint or transportation of a small game animal for treatment or medical care; or
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(iii) Restraint or transportation of a small game animal for game censuses, surveys or other purposes authorized by the Band.
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(2) "Possess" means to own, restrain, keep in captivity or transport a small game animal.
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(b) Except as otherwise authorized by controlling law or as provided in paragraph (c), no member shall possess, or sell or otherwise transfer to any person, any live small game animal and any member who takes any small game animal shall kill the animal when it is taken or shall immediately release the animal.
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(c) A member may control temporarily a live small game animal for one of the purposes described in paragraph (a)(1), but not for the purpose of selling the live animal.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 8.20.
§ 5138. Incidental Take.
Any member taking any animal by trapping except during the open season for that animal shall surrender the animal as soon as practicable to the Department of Natural Resources, or shall immediately release the animal if the animal was live trapped.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 8.21.
§ 5139. Shipment of Furs.
No member shall send or ship any fur from an animal harvested pursuant to this Subchapter unless all fur shipments are marked on the outside of the package showing the number and kinds of hides in the shipment and the name and address of the shipper.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 8.22.
§ 5140. Sale of Small Game Authorized.
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(a) Nothing in this Chapter shall be construed to prohibit any member from selling the carcass, or any part thereof, of any lawfully harvested small game animal to any person, provided that if a member sells meat for human consumption the member shall comply with the provisions of federal law applicable to the sale of meat for human consumption.
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(b) The provisions of § 4047 [Records of Commercial Transactions] of this Chapter shall not apply to the sale of the fur of any small game furbearing species.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 8.23.
§ 5141. Authorization for Closure.
The Commissioner, or his or her designee, shall close the small game hunting and trapping season for otter, bobcat or fisher if no otter, bobcat or fisher remain available for harvest under this Chapter.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 8.24.
§ 5142. Sharing of Equipment/Assisting Band Member.
No member shall share any small game hunting or trapping equipment with or otherwise be assisted while small game hunting or trapping by any person who is not a member of one of the Bands, except as provided in § 4051 [Permissible Conduct/Assistance by Non-Members] of this Chapter.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 8.25.
§ 5143. Wild Turkey Hunting Regulations.
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(a) Permit Required. No member shall hunt wild turkeys without possessing a valid small game hunting permit issued pursuant to the provisions of this Chapter.
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(b) Tags for Turkey Harvest Zones. No member shall hunt wild turkeys except in a wild turkey harvest zone established by Commissioner's Order and while in possession of a carcass tag issued by the Department of Natural Resources valid for that zone.
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(c) Season. No member shall harvest any wild turkeys except during the open season which shall be established by Commissioner's Order.
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(d) Bag Limit. No member shall harvest any wild turkey within a wild turkey harvest zone in excess of the number of valid carcass tags issued to him or her pursuant to paragraph (b) for that zone, and no member shall fail to affix a valid carcass tag to a turkey immediately upon reducing the turkey to possession.
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(e) Turkey Quotas. The numbers of bearded and beardless turkeys that may be harvested in each wild turkey management zone under this Chapter shall be limited to the numbers 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 v. State of Minnesota, No. 3-94-1226 (D. Minn.), regarding wild turkey management. For purposes of this Chapter, these numbers shall be termed the treaty quotas.
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(f) Methods of Turkey Harvest. No member shall hunt wild turkeys:
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(1) By any means other than a 20 gauge or larger shotgun or muzzle-loading shotgun 12 guage or larger, using fine shot size No. 4 or smaller diameter shot, or a bow and arrow or a crossbow.
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(2) With the aid of recorded bird calls or sounds or electrically amplified imitations of bird calls or sounds.
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(3) With the aid of dogs.
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(4) With live decoys for the purposes of enticing wild turkeys.
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(g) Registration Required.
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(1) A member killing a wild turkey pursuant to this Chapter shall present the carcass for registration to a Band registration station no later than 5:00 p.m. of the next working day following the killing.
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(2) No member shall fail to inform the Band registration station of the location, including the wild turkey management zone if applicable, where the animal was killed or to provide such other information as is required by the registering official.
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(3) No person shall provide information to the registering official which the person knows, or has reason to know, is false or misleading.
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(4) Any 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 wild turkeys in the field provided such warden provides all registering information to a Band registration station no later than 5:00 p.m. of the first working day after field registration.
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(h) Other Restrictions Applicable.
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(1) While hunting wild turkeys, no member shall fail to comply with the other restrictions applicable to hunting generally or to small game hunting specifically, such as hunting hours, which are not modified or otherwise affected by the provisions of this section.
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(2)
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(i) No member shall hunt wild turkeys in any area designated pursuant to paragraph (2)(ii) as a wild turkey reintroduction area.
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(ii) The Commissioner, or his or her designee, is hereby authorized, to designate certain areas within the Minnesota ceded territory as wild turkey reintroduction areas in which the hunting of wild turkeys shall be prohibited.
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(i) Authorization for Closure. The Commissioner or his or her designee shall close any wild turkey management zone to bearded or beardless turkey hunting if no bearded or beardless turkeys remain available for harvest under this Chapter.
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Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 8.26.
§ 5144. Small Game Hunting Caliber Restrictions.
No member shall hunt any bobwhite quail, hungarian partridge, pheasant, ruffed grouse or sharp-tailed grouse with a rifle (other than a .22 caliber rifle) or a shotgun loaded with a single ball or slug or shot larger than no. BB.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 8.27.
§ 5145. Taking Animals Causing Damage.
Notwithstanding any other provision of this Chapter, a member may take mink, squirrel, rabbit, hare, raccoon, bobcat, fox, muskrat, or beaver on land owned or occupied by the member where the animal is causing damage. The member may take the animal without a license and in any manner except by poison, or artificial lights in the closed season. Raccoons may be taken under this section with artificial lights during the open season. A member that kills mink, raccoon, bobcat, fox, muskrat, or beaver under this section must bring the entire animal to a Band or Commission conservation officer within 24 hours after the animal is killed.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 8.28.