CSV.1.10.160 Possession Regulated

(a) Prohibited if taken in violation of §§ Section CSV.1.10.070 - Section CSV.1.10.140. No member or duly authorized non-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 §§ Section CSV.1.10.070 - Section CSV.1.10.140 of this ordinance.

(b) During closed season. No member or duly authorized non-member shall possess any freshly killed migratory bird taken within the exterior boundaries of the Lac Courte Oreilles Reservation and off-reservation lands under the jurisdiction and purview of the Lac Courte Oreilles Tribe during an established closed season, unless tagged by a tribal, Commission or state conservation warden as taken off-reservation in the ceded territory.

(c) Possession limit. No member or duly authorized non-member shall possess more migratory birds taken within the exterior boundaries of the Lac Courte Oreilles Reservation and off-reservation lands under the jurisdiction and purview of the Lac Courte Oreilles Tribe than the possession limit or the aggregate possession limit, whenever established. 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 or duly authorized non-member's primary residence.

(d) Opening day of a season. No member or duly authorized non-member on the opening day of the season shall possess any migratory bird freshly killed within the exterior boundaries of the Lac Courte Oreilles Reservation and off-reservation lands under the jurisdiction and purview of the Lac Courte Oreilles Tribe in excess of an established daily bag limit, or aggregate daily bag limit, whichever applies.

(e) Field possession limit. No member or duly authorized non-member shall possess, have in custody, or transport within the exterior boundaries of the Lac Courte Oreilles Reservation and off-reservation lands under the jurisdiction and purview of the Lac Courte Oreilles Tribe more than an established daily bag limit, or aggregate daily bag limit, whichever applies, of migratory birds, at or between the place where taken and any of the following places:

(1) The member or duly authorized non-member's automobile or principle means of land transportation;

(2) The member or duly authorized non-member's personal abode or temporary or transient place of lodging;

(3) A migratory bird preservation facility as defined in Section CSV.1.2.010(qq) of this ordinance;

(4) A post office; or

(5) A common carrier facility.

(f) Tagging requirements. No member or duly authorized non-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 or duly authorized non-member, stating his or her address or tribal hunting identification number, the total number and species of birds, and the date such birds were killed, except in accordance with Section CSV.1.10.230 [Traditional and Cultural Use Permits /Registration] of this ordinance. 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.

(g) Custody of birds of another. No member or duly authorized non-member shall receive or have in custody any migratory bird belonging to another person unless such bird has been tagged as required by Section CSV.1.10.160(f).

(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 an established daily bag limit. No member or duly authorized non-member shall at any time, or by any means, possess or transport live migratory game birds taken pursuant to this ordinance.

(i) Termination of possession. Subject to all other requirements of this subchapter, the possession of any migratory bird taken by any member or duly authorized non-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 or duly authorized non-member.

(j) Gift of migratory bird. No member or duly authorized non-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 or duly authorized non-member who took the birds, stating such member or duly authorized non-member's address or tribal hunting identification number, the total number and species of birds and the date such birds were taken.