Title CSV Conservation

Chapter CSV.1 Reservation / Tribal Land Conservation Code of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians

Preamble

Hunting, fishing and gathering has always been central to the Ojibwe way of life. As such, it is important that this ordinance fulfills two equally important goals. First, it must preserve gidizhitwaawininaan (our traditions and customs). Second, it must regulate the modern realities of hunting, fishing and gathering that our ancestors did not have to contemplate, such as ensuring Tribal members' safety from gunfire in residential areas. In order to ensure that this ordinance is interpreted in the spirit of gidizhitwaawininaan, statements of tradition and custom are placed throughout this ordinance. It is hoped that these statements will help to both preserve our past and provide guidance and education for our future.

Gidizhitwaawininaan

Gii-kiiyosewag gidaanakoobijiganinaanig da-zhaabwiiwaad. Wiiyaas ogii-miijinaawaan. Okanan gii-inaabadadoon da-aabajichiganikeng. Owayaanaiwaan dash gii-inaabadoon da-biizikiiganikeng.

Geget giiyose a'aw anishinaabe da-zhaabwiid. Mii ezhichiged. Mii-wenji-gichi-apiitenimaad akina bemaadizinijin a'aw Anishinaabe.

Gidibaajimoninaanin gidoondinaamin gidizhitwaawininaan ge-izhi-giiyoseyang. Mii niizh onow dibaajimonan.

Nitam dibaajimaa a'aw gimaamaanaan gaa-pi-izhi-dagoshing omaa akiing miinawaa gaa-izhi-bimaaji'igod awiisiinyan. Miinawaa ogii-kikinoo'amawaawaan da-apiitenimaad. Miinawaa dibaajimaawag ongow anishinaabe miinawaa anishinaabekwe nitam gaa-izhi-inaakonamowaad ge-izhi-giiyosenid anishinaaben niigaan.

Gii-kagwejimaad gimaamaanaan da-wiindigemigod a'aw Waabanag ogii-wiindamawaan ge-izhi-biminizha'aminid odinaakonigan. Gaawiin wiika odaa-ganawaabandanziin yo'ow gidakiiminaang.

Odaa-gwiinawendaan yo'ow aki bi-inaabid ge-pi-izhi-giiwed. Ogii-nakomaan iniw Waabanang ge-izhi-bi-inaabisig. Mii gaa-izhi-aanjigozid a'aw gimaamaanaan iwidi negweyaabiwigiwaaming giizhigong wiijidaamaad iniw Waabanang, Giizisoon, Dibiki-giizisoon igaye.

Giizhigong eyaawaad gii-gibishkwaande'onike a'aw Waabanang aabajitood mayaajiigingin miinawaa chi-asiniin da-bi-inaabisinid owidi gidakiiminaang.

Aabiding gii-pezhigo iwidi giizhigong a'aw gimaamaanaan gaa-izhi-naading omaangaanibaajiganaatig wii-o-naajimiijimed. Ogii-asiginaanan mayaajigingin jiigishkwaandem gbishkwaande'oning. Gaawiin gii-ayaangwaamizisiin gaa-izhi-bagone'ang gibishkwaande'on gaa-izhi-dapaabandang yo'ow gidakiiminaang.

Gii-mawi a'aw gigitiziiminaan gaa-onji-gwiinawendang yo'ow aki. Ogii-noondaagoon onow waajidaamaad naazikaagod onzaam ogii-shawenimigoon. Gikendang gaa-pi-inakamigak a'aw Waabanang ogii-inaan iniw gimaamaamaan: "Geget gizhawenimin miinawaa bimiwijigeyan, booch da-banininaan wii-kiiweyan." Mii-gaa-izhichiged.

Gii-niisaashid gii-ondademo inenindizod da-aapijishing. Ogii-noondaagoon waabiziig miinawaa nikag gaa-izhi-bagamisenid gimaamaanaan eyaad giizhigong.

Gii-pagami-ayaa opikwaanining bineshiinyan gaa-izhi-giiweyoomigod owidi akiing.

Ogii-naazikaagoon iniw waawaashkeshiinyan gii-tagoshing gaa-inigood: "Gii-wiindamaage a'aw gizhe-manidoo niigaan ge-pi-izhaanid anishinaaben miinawaa da-miinangidwaa nimbimaadiziwininaanin. Gaawiin wiika gidaa-nishiwinaajitoosiin giwiiyaasinaan gemaa go zazaagiziyan. Gidaa-ashange da-miigwechiwi'iyaang miinawaa gizhe-manidoo.

Izhichigeyan onow wiindamoonaan giga-minose miinawaa da-mino-doodawaa anishinaabe. Da-wiiyaasikaa." Mii nitam Anishinaabe gaa-pi-gikendang iniw inaakoniganan ge-izhi-giiyosed.

Ogii-ozhi'aan anishinaaben nitam a'aw Gizhe-manidoo aabajitood opigemagini iniw anishinaabekwen nitam. Gii-ayaawag gaye wiinawaa makwa miinawaa waawaashkeshiinh. Opwaagan, asemaa, mitwaab, miinawaa bikwak ogii-atawaawaan.

Ogii-aabaji'aan miigisan gaa-izhi-boodaanaad iniw anishinaaben miinawaa anishinaabekwen da-maadakamigadinig obimaadiziwiniwaan. Gii-kaazowag ongow manidoog dabwaa-goshkozinid da-gosaasiwaawaad (is this right conjugation?). Gii-koshkozid a'aw anishinaabe ogii-kagwejitoon omitigwaab. Geget ogii-minwendaan.

Ogii-wiindamawaan anishinaaben a'aw Gizhe-manidoo: "Gii-mamooyan mitigwaab gidaa-aabajitoon niigaan. Mii-ge-izhi-bimaadiziyan." Gaawiin anishinaabe odaa-miigiwesiinan giiyosewin miinawaa giigoonyikewin. Onow gigii-ina'oonigonaan a'aw Manidoo.

Tradition and Custom

Hunting provided the means for our ancestors' survival. The meat provided us with food, the bones with tools, and the hides with clothing.

But hunting is more than just a functional activity for the Ojibwe people; it is a way of life, which is marked by great respect and appreciation for all life.

Our stories illustrate our values surrounding hunting. Included here are two stories.

First is the story of Mother Earth's fall to Earth and how the animals saved her and taught her to respect them.

Second is the story of the first Indian man and woman and how we chose hunting for our way of life.

When the Morning Star asked Mother Earth to be his wife and live with him in the sky world, he cautioned her that she must follow one rule: she must never look down on the earth.

If she did, she would become homesick and have to be returned to earth. Mother Earth promised to not look at the earth and went to live with Morning Star, the Sun and the Moon in their rainbow wigwam in the sky world.

When they got to the sky world, Morning Star covered the doorway to the earth with a large stone and plants around the doorway to help Mother Earth keep her promise to him.

One day, when Mother Earth was left alone in the sky world, she got her digging stick and went to look for food. She wandered to where the doorway to the earth was and began to gather plants. Mother Earth was not careful in her digging though and dug up so many plants that she saw through to the earth.

As Morning Star warned, she became homesick and began to cry. The Sun, Moon and Morning Star heard her cries and rushed to her, as they loved her. When Morning Star discovered what had happened, he said: "Even though I love you and you are carrying my child, I must drop you back to Earth." And so he did.

As Mother Earth fell through the sky down to earth, she yelled and cried in fear for she knew she could not survive. The swans and geese on earth heard her cries and flew to her in the sky.

Mother Earth landed softly on their back, and they took her safely down to earth.

When Mother Earth landed, the deer came to her and said: "The Great Spirit said one day that there would be Indian people, and we were to give our lives to them. In return, you must have a feast to give thanks when you take our life to thank the Great Spirit for creating us and the deer spirit for giving his life up for you. You must never waste meat or take more than you need.

If you do these things, you will have good luck and all the Indian people will benefit, as you will have meat in abundance." This is how the rules of hunting were first established for the Indian people.

When the Great Spirit created the first Indian man from the ribs of the first Indian woman, the deer and bear spirits were present. They placed next to the man a pipe, tobacco and a bow and arrow.

The Great Spirit then took a miigis shell and blew the breath of life into the Indian man and woman. Before the Indian man and woman awoke, the Great Spirit, the Bear Spirit and the Deer Spirit hid, so as to not frighten the Indian man and woman.

When the man awoke, he took the bow and arrow, tested it, and he liked it. The Great Spirit spoke into the man's mind: "Because you picked up the bow and arrow; that is the life style that you have chosen." This is why our hunting and fishing rights could not be traded away in treaties; they are god given rights.

Subchapter CSV.1.1 General Provisions

CSV.1.1.010 Title

This ordinance shall be known as the Reservation / Tribal Land Conservation Code of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

CSV.1.1.020 Authority

CSV.1.1.030 Purpose

It is the purpose of this ordinance to:

(a) Provide an orderly system for tribal control and regulation of hunting, fishing, trapping and gathering on Lac Courte Oreilles Reservation lands pursuant to the Treaty of 1854, 10 Stat. 1109 as well as off-reservation lands under the jurisdiction and purview of the Lac Courte Oreilles Tribe; and

(b) Provide a means to promote public health and safety and the conservation and management of fish, wildlife and plant populations on Lac Courte Oreilles Reservation lands as well as off-reservation lands under the jurisdiction and purview of the Lac Courte Oreilles Tribe through the regulation of member harvesting activities occurring there.

CSV.1.1.040 Territorial Applicability

This ordinance shall govern the hunting, fishing, trapping and gathering activities of resources subject to the provisions of this ordinance by members and non-members within Lac Courte Oreilles Reservation lands as well as off-reservation lands under the jurisdiction and purview of the Lac Courte Oreilles Tribe.

CSV.1.1.050 Effective Date

Except as otherwise provided in specific sections, the provisions of this ordinance shall be effective on the date adopted by the Tribal Governing Board.

CSV.1.1.060 Interpretation

The provisions of this ordinance:

(a) Shall be interpreted and applied as minimum requirements applicable to the exercise of hunting, fishing, trapping and gathering activities of resources subject to this ordinance;

(b) Shall be liberally construed in favor of the Tribe;

CSV.1.1.070 Severability and Non-Liability

If any section, provision or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby. The Tribe further asserts immunity on its part and that of its agencies, employees, and/or agents from any action or damages that may occur as a result of reliance upon and conformance with this ordinance.

CSV.1.1.080 Repeal of Inconsistent Tribal Ordinances

All ordinances and resolutions inconsistent with this ordinance are hereby repealed. To the extent that this ordinance imposes greater restrictions than those contained in any other tribal law, code, ordinance or regulation, the provisions of this ordinance shall govern.

CSV.1.1.090 Religious or Ceremonial Use of Natural Resources

(a) Nothing in this ordinance shall prohibit the use of any resource otherwise subject to the provisions of this ordinance which is harvested, taken or otherwise obtained within Lac Courte Oreilles Reservation lands as well as off-reservation lands under the jurisdiction and purview of the Lac Courte Oreilles Tribe for religious or ceremonial purposes in accordance with the traditions and customs of the Tribe and with the consent of the Tribal Governing Board, or its designee.

(b) In reviewing and taking action on any request for religious or ceremonial harvest, the Tribal Governing Board, or its designee, shall take into account the biological impact of the harvest.

(c) No member shall fail to comply with the terms and conditions of a permit issued pursuant to this section. Permits may be issued for funerals, feasts, weddings, and any other occasion deemed appropriate by the Tribal Governing Board. The requesting member may use the services of another member to hunt an animal for them, in which case both the requesting member and the assisting person must be named on the permit.

CSV.1.1.100 Extreme Need

Upon a showing of extreme need, the Tribal Governing Board may issue a permit for the harvest of resources subject to the provisions of this ordinance during the closed season. The requesting member may use the services of another member to harvest the necessary resource for them, in which case both the requesting member and the assisting person must be named on the permit.

CSV.1.1.110 Natural Resources of Spiritual Significance

No member or non-member shall take, attempt to take, kill, hunt sell, purchase, pursue, shoot at, disturb, or destroy any of the following animals: black whitetail deer, albino whitetail deer, dwarf deer, or any other wild animal or miscellaneous forest product of spiritual significance as designated by the Tribal Governing Board.

CSV.1.1.120 Dignitary Permit

The Tribal Governing Board may issue visiting dignitaries a permit to harvest natural resource 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.

Subchapter CSV.1.2 Definitions

CSV.1.2.010 General Definitions

Any term not defined in this section shall be given its ordinary meaning. The following terms, wherever used in this ordinance, shall be construed to apply as follows, except where the context indicates otherwise:

(a) "Adequate Backstop" means a condition upon which a hunter should know that their discharged bullets will fall harmless.

(b) "Bark" means the tough outer covering of the woody stems and roots of trees, shrubs, and other woody plants. It includes all tissues outside the vascular cambium.

(d) "Body Gripping Trap" means a trap that is designed to allow the animal's head, neck or torso to enter the trap opening and be held by compression of the jaws around the head, neck or torso when the trap is sprung and which is not a cage trap, enclosed trigger trap, snare, restraining snare or steel jawed trap.

(e) "Bough" means any branch of a tree less than 2 inches in diameter.

(f) "Bow" means any hunting instrument designed for the purpose of propelling arrows which is drawn and held by and through the efforts of the person releasing, but does not include crossbow.

(g) "Branch" means any woody stem or branchlet that grows or extends from a tree.

(h) "Carcass" means the dead body of any wild animal to which it refers, and, unless clearly indicated to the contrary by a specific provision of this ordinance in particular circumstances, includes the hide or skin and head.

(i) "Citizen" means an enrolled member of the Lac Courte Oreilles Lake Superior Band of Chippewa Indians.

(j) "Collect" means to acquire, or otherwise obtain or attempt to collect, acquire, or otherwise obtain possession by means other than "take" as defined in Section CSV.1.2.010(vvv) of this ordinance, of any migratory bird, feathers, or parts thereof within the ceded territory for religious, ceremonial, and cultural purposes in accordance with the traditions and customs of the Tribe.

(k) "Colony Trap" means while trapping to use an enclosure device designed to allow the capture of one or more fur-bearing animals in a single setting. Entrance to the device is gained by one or more one-way entrances with overall dimensions of the trap no to exceed 6" (six inches) in width, 6" (six inches) in height and 36" (thirty-six inches) in length.

(l) "Commercial Harvesting" means any harvesting of a natural resource in which the resource harvested, or any portion thereof, is sold, but shall not include harvesting of natural resources for subsistence uses.

(m) "Control temporarily" means to possess a small game animal for a limited period of time for one of the following purposes:

(1) Removal or transportation of a small game animal from one location to a more appropriate location;

(2) Restraint or transportation of a small game animal for treatment or medical care; or

(3) Restraint or transportation of a small game animal for game censuses, surveys or other purposes authorized by the Tribe;

(n) "Crossbow" means a device using a bow that, once drawn, is held solely by means other than the effort of the person firing it.

(o) "Designated Trap Line" means a specific site identified and established by the tribal conservation department, for which a trap line site permit has been issued.

(p) "Designated Fuelwood Harvesting Area" or "Woodlot Area" means an area of reservation land which has been designated, marked, posted and approved by the Tribal Governing Board for fuelwood harvesting.

(q) "Designated Sugarbush Area" means a specific site identified and established by the tribal conservation department according to Section CSV.1.12.040(j) of this ordinance, for which a site management plan has been developed and for which a sugarbush site permit has been issued.

(r) "Designated Timber Contract Area" means a defined location which has been delineated by the land manager for the purposes of a timber sale offering and for which a valid timber sale contract has been executed.

(s) "Designated Use Area" means a specific site designated and maintained by the land manager for any activity or use as part of the operation and management of reservation land, and includes, but is not limited to offices, buildings, campgrounds, mowed areas, picnic areas, public beaches, parking lots, trails, access and maintenance roads.

(t) "Dip Net" means a piece of netting suspended from a round or square frame not exceeding 8 feet in diameter or 8 feet in width and 8 feet in length.

(u) "Dry Land Set" or "Upland Snare" means any trap or snare that is set or staked in such a manner as to prevent the trapped animal from reaching water that is not frozen or is not set in a manner capable of drowning the captured animal.

(v) "Enclosed Trigger Trap" means any trap with a pull-activated trigger, inside an enclosure, and recessed 1¼ inches or more, from an opening that is no greater than 1¾ inches in diameter.

(w) "Endangered Species" means any wild animal, wild rice, or miscellaneous forest product designated as rare or endangered by the Tribal Governing Board, or the United States Department of the Interior pursuant to 50 CFR §§ 17.11 and 17.12.

(x) "Firearm" means rifle, shotgun, handgun or other type of gun.

(y) "Firewood" or "Fuelwood" means any dead tree or part thereof, either standing or downed, which is harvested for and is to be used as fuel.

(z) "Fishing" includes taking, capturing, killing or attempting to take, capture or kill fish of any variety in any manner. When the word "fish" is used as a verb, it shall have the same meaning as the word "fishing" as defined herein.

(aa) "Furbearer" means fur bearing animals including coyote, red fox, gray fox, bobcat, beaver, otter, muskrat mink, weasel, skunk, raccoon, badger, fisher, lynx and opossum.

(bb) "Fyke Net" or "Trap Net" means a device constructed of netting which may employ a frame, wings or wings and leads, and which directs the movement of fish through a funnel of netting into inner hearts or built-in forebays wherein the fish are trapped by their own movement.

(cc) "Game" means small game and big game.

(dd) "Game fish" includes all varieties of fish except rough fish and minnows; "rough fish" includes chub, dace, suckers, carp, goldfish, redhorse, freshwater drum, burbot, bowfin, garfish, buffalo fish, lamprey, alewife, smelt, and carpsucker; "minnows" includes suckers, mud minnows, madtom, stonecat, killifish, stickleback, trout-perch, darters, sculpin and all minnow family cyprinids except goldfish and carp.

(ee) "Gathering" means to take or acquire or attempt to take or acquire possession of any miscellaneous forest product or any part thereof.

(ff) "Gathering Products" means all products of miscellaneous forest products other than non-timber forest products such as: branchlets, roots, berries, fruits, nuts, and seeds.

(gg) "Gillnet" means any net set to capture fish by entanglement rather than entrapment.

(hh) "Ginseng" means the roots, seeds or other parts of wild American ginseng (Panax quinquefolium or Panax quinquefolius).

(ii) "Hook and Line" means a rod and reel or similar device including a tip up and hand held lines, and includes trolling.

(jj) "Hunt" or "Hunting" includes shooting, shooting at, pursuing, taking, catching or killing any wild animal or animals, except that "hunt" or "hunting" does not include the recovery of any wild animal which has already been lawfully reduced to possession.

(kk) "Ice Fishing" means fishing though an artificial hole in the ice.

(ll) "Land Manager" or "Tribal Forestry Manager" means any owner or the entity responsible for the management of any reservation land.

(mm) "Live Trap" means a trap that is not used as a water set or in conjunction with a steel jawed trap, an enclosed trigger trap or body gripping trap, and that is designed to allow an animal to enter the trap enclosure, be captured and remain alive inside the cage or box type enclosure until it can be released unharmed or reduced to possession by the operator of the trap.

(nn) "Lodgepoles" means any tree that is less than 5 inches DBH (diameter at breast height).

(oo) "Migratory Bird" means any bird, whatever its origin and whether or not raised in captivity, which belongs to a species listed in 50 CFR § 10.13, or which is a mutation or a hybrid of any such species, including any feather, 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 feather, part, nest or egg thereof.

(pp) "Migratory Bird Bag Limits" mean:

(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 or duly authorized non-member in predetermined or unpredetermined quantities to satisfy a maximum take limit.

(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 or duly authorized non-member in any one day during the open season.

(3) "Aggregate daily bag limit" means the maximum number of migratory birds permitted to be taken by one member or duly authorized non-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 for any one species.

(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 or duly authorized non-member when lawfully taken within Lac Courte Oreilles Reservation lands as well as off-reservation lands under the jurisdiction and purview of the Lac Courte Oreilles Tribe.

(qq) "Migratory Bird Preservation Facility" means:

(1) Any person who, at his residence or place of business and for hire or other consideration; or

(2) Any taxidermist, cold-storage facility or locker plant which, for hire or other consideration; or

(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.

(rr) "Miscellaneous Forest Products" means any undomesticated species, or part thereof, of the plant and fungi kingdoms occurring in both forested and non-forested natural ecosystems including: non-timber forest products as defined in Section CSV.1.2.010(vv) of this ordinance; wild plants as defined in Section CSV.1.2.010(oooo) of this ordinance; gathering products as defined in Section CSV.1.2.010(ff) of this ordinance; and endangered or threatened plant species as defined in Section CSV.1.2.010(w), but for the purposes of this ordinance excludes wild rice and timber.

(ss) "Motor Vehicle" means a self-propelled vehicle or a vehicle propelled or drawn by a self-propelled vehicle that is operated on a highway, on a railroad track, on the ground, in the water, or in the air.

(tt) "Muzzleloader" means a black powder rifle, a black powder shotgun, or a black powder handgun which receives a black powder or a commercially black powder substitute charge through a muzzle.

(uu) "Net" means any dip net, fyke net, gill net or seine and when used as a verb means to fish with any of these nets.

(vv) "Non-Timber Forest Products" means any of the following miscellaneous forest products: bark, boughs, firewood, lodgepoles, and sap as further defined in this section.

(ww) "Open Water Fishing" means all fishing other than fishing through an artificial hole in the ice.

(xx) "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.

(yy) "Possess" means to own, restrain, keep in captivity or transport a small game animal.

(zz) "Possession" means having killed, harvested, or otherwise obtained or acquired any wild animal, wild rice, or miscellaneous forest product subject to the provisions of this ordinance.

(aaa) "Pursuit" means to follow in an effort to overtake or capture or to proceed along the course of.

(bbb) "Protected" when used in reference to any wild animal, wild rice, or miscellaneous forest product means that the hunting, fishing, trapping or gathering of such animal, wild rice, or miscellaneous forest product is expressly prohibited except as authorized or regulated by this ordinance.

(ccc) "Regulations" means any conservation regulation contained within this ordinance.

(ddd) "Reservation" or "Reservation Lands" means those lands, including the beds of any streams and flowages, located within the exterior boundaries of the Lac Courte Oreilles Reservation lands as well as off-reservation lands under the jurisdiction and purview of the Lac Courte Oreilles Tribe but for the purpose of this ordinance does not pertain to allotted, heirship, or governmental lands, except as follows:

(1) This ordinance does apply to an individual alottee or heir harvesting on their allotment or heirship "reservation" lands, and;

(2) This ordinance does apply to all Members and duly authorized non-members harvesting on allotee, heirship or governmental "reservation" lands with the express written authorization to access such lands by the landowner.

(eee) "Restraining Snare" means while trapping to use a wire noose used for restraining furbearing animals which does not allow the device or trapped animal to reach unfrozen water.

(fff) "Roadways" means any governmental roadway where vehicular traffic is not restricted and the roadway is routinely used by the general public.

(ggg) "Safe Zone of Fire" means the area and direction in which a hunter may safely discharge a weapon.

(hhh) "Safety Zone" means an area within 150 yards (450 feet) of any occupied commercial structure, public structure, dwelling house, residence, cabin, camp, cottage, barn, or other building used in connection therewith.

(iii) "Sap" means the watery fluid that circulates through a tree or plant, carrying food and other substances to the various tissues.

(jjj) "Seine" means a net of mesh no larger than 2" stretch measure, with floats at the top and weights at the bottom, such that it hangs vertically in the water, and which is drawn through the water to capture fish by encircling them rather than entangling them.

(kkk) "Set or Bank Pole" means a pole used for fishing from the banks of lakes or rivers in compliance with the provisions of Section CSV.1.9.090 of this ordinance [Setlines and Set or Bank Poles Regulated].

(lll) "Setline" means a line used for fishing in compliance with the provisions of Section CSV.1.9.090 of this ordinance [Setlines and Set or Bank Poles Regulated].

(mmm) "Shining" means the casting of rays of light on a field, forest, or other area for the purpose of searching for, illuminating, locating, or attempting to search for, illuminate or locate wild animals.

(nnn) "Shrub" means a woody perennial plant usually branched several times at or near the base giving it a bushy appearance, and is usually less than five meters tall.

(ooo) "Small Game" means ruffed grouse (partridge), ring-neck pheasant, cottontail rabbit, showshoe hare, gray squirrel, black squirrel, red squirrel, quail, woodchuck, porcupine, sharp tail grouse, turkey, crow and unprotected species.

(ppp) "Snagging" means attempting to take or reduce a fish to possession by hooking a fish in a place other than the mouth by the use of a hook and line or any other device which is not a net or spear.

(qqq) "Spear" means a pole tipped with barbed tines which are a minimum of 3" long and each tine having a barb extending perpendicular which is greater than 1/8 inch. When used as a verb, spear shall also mean reducing or attempting to reduce to possession fish by means of a hand held spear or other similar device which is directed by the spearer for the purpose of impaling the target fish. Spearing includes the use of an artificial light and also mean snagging for the purpose of this ordinance.

(rrr) "Species of Special Concern" means any wild plant which is contained on the tribal species of special concern list.

(sss) "Subsistence Uses" shall mean the use of natural resources for direct personal or family consumption by members as food, medicine, shelter, fuel, clothing, tools or transportation; for the making or selling of handicraft articles; or for barter. For purposes of this section, the term:

(1) "family" means all persons related by blood, wenh'enh, doodem, marriage, or adoption, or any person living within the household on a permanent basis;

(2) "handicraft articles" means articles produced, decorated or fashioned in the exercise of traditional Indian handicrafts such as carving, weaving, beading, drawing or painting, without the use of mass copying devices; and

(3) "barter" means the sale or exchange of natural resources or parts thereof for subsistence uses.

(ttt) "Snare" means while trapping to use a noose used for catching furbearing animals.

(uuu) "Steel Jawed Trap" means a trap, constructed of metal, designed to catch an animal by the foot, but does not include enclosed trigger traps or body gripping traps.

(vvv) "Take" means to pursue, hunt, shoot, wound, kill, trap, or capture, or attempt to pursue, hunt, shoot, wound, kill, trap, or capture, any migratory bird, but for the purposes of this ordinance excludes "collect" as defined in Section CSV.1.2.010(j) of this ordinance.

(www) "Timber" means any tree that is not a lodgepole, as defined in Section CSV.1.2.010(nn) of this ordinance.

(xxx) "Tree" means a woody, perennial plant with a single trunk that is typically unbranched at or near the base, and is usually greater than five meters tall.

(yyy) "Trap" means any leg hold, box or snaring device designed to physically hold an animal at a singular location. When used as a noun, "trap" includes a body-gripping trap, colony trap, enclosed trigger trap, live trap, or steel jawed trap. When the word "trap" is used as a verb, it shall have the same meaning as the word "trapping" as defined herein.

(zzz) "Trapping" includes the taking of, or attempting to take, any wild animal by means of setting or operating any device, mechanism or contraption that is designed, built or made to close upon, hold fast, or otherwise capture a wild animal or animals. When the word "trap" is used as a verb, it shall have the same meaning as the word "trapping" as defined herein.

(aaaa) "Tribe" means the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(bbbb) "Tribal Conservation Department" or "Department" means the conservation department of the Tribe.

(cccc) "Tribal Court" means the court of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(dddd) "Tribal Governing Board" means the Tribal Governing Board of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(eeee) "Troll" means to fish from a motor-driven boat when the motor is running, from any boat in tow of a motor-driven boat when the motor is running, or from a sailboat when in motion.

(ffff) "Unattended" means beyond visual contact with the aid of a magnifying device for a period of more than 1/2 hour.

(gggg) "Unprotected" when used in reference to any wild animal or miscellaneous forest product not otherwise regulated by this ordinance, means that the hunting, fishing, trapping or gathering of such animal or miscellaneous forest product is not expressly prohibited by this ordinance.

(hhhh) "Unprotected Species" means:

(1) Opossum, skunk, weasel, woodchuck;

(2) Starlings, English sparrows, coturnix quail, chukar partridge and rock doves;

(3) All other unprotected species as defined in Section CSV.1.2.010(gggg).

(iiii) "Wasting" means the disregard or waste of any edible portion of the animal.

(jjjj) "Water Set" means any trap or snare which is set or staked in such a manner as to permit the trap, snare or trapped animal to reach water that is not frozen or is set in a manner capable of drowning the captured animal.

(kkkk) "Waterfowl" means any migratory bird of the family anatidae, including ducks, geese, coots, rails, gallinules, brant, and mergansers.

(llll) "Weapon" means a firearm, bow, compound bow or muzzleloader.

(mmmm) "Wild animal" means any mammal, bird, fish, or other creature of a wild nature endowed with sensation and the power of voluntary motion.

(nnnn) "Wildlife" means all varieties of wild animals or birds.

(oooo) "Wild Plant" means miscellaneous forest products that are not trees, such as herbaceous plants and shrubs.

(pppp) "Wild Rice" means any species of the annual aquatic grass known as manoomin (zizania sp.) occurring in the natural ecosystem.

(qqqq) "Working day" means Monday, Tuesday, Wednesday, Thursday or Friday, unless such day is a tribal holiday.

Subchapter CSV.1.3 General

CSV.1.3.010 Title to Wild Animals, Wild Rice, and Miscellaneous Forest Products

(a) The legal title to, and the custody and protection of, all miscellaneous forest products, wild rice, and wild animals within the reservation is vested in the Tribe for the purposes of regulating members' use, disposition and conservation thereof.

(b) The legal title to any such miscellaneous forest product, wild rice, or wild animal, or carcass or part thereof, taken or reduced to possession in violation of this ordinance remains with the Tribe; and the title to any such miscellaneous forest product, wild rice, or wild animal, or carcass or part thereof, lawfully acquired, is subject to the condition that upon the violation of this ordinance relating to the possession, use, giving, sale, barter or transportation of such miscellaneous forest product, wild rice, or wild animal, or carcass or part thereof, by the holder of such title, the same shall revert, as a result of the violation to the Tribe. In either case, any such miscellaneous forest product, wild rice, or wild animal, or carcass or part thereof, may be seized forthwith, wherever found, by the tribal conservation department or any law enforcement official authorized to enforce the provisions of this ordinance.

CSV.1.3.020 Location of Right

Members and duly authorized non-members may engage in hunting, fishing, trapping, and gathering on lands and inland waters within the exterior boundaries of the Lac Courte Oreilles Reservation as well as off-reservation lands under the jurisdiction and purview of the Lac Courte Oreilles Tribe pursuant to such additional requirements contained within this ordinance. Members desiring to harvest resources on non-member fee land must have permission from the non-member owner of the land in order to harvest resources on the land.

CSV.1.3.030 Permits and Identification

(a) No non-members may partake in hunting, fishing, trapping or gathering on the reservation, unless otherwise permitted by the Tribal Governing Board.

(b) No member or duly authorized non-member shall engage in the exercise of hunting, fishing, trapping or gathering activities regulated by this ordinance without a validly issued tribal natural resources harvesting permit or such other permit as this ordinance may require validated for the particular type of activity to be engaged in for the particular season in question. Such a permit may be the member's tribal identification card required by Section CSV.1.3.030(c).

(c) No member shall engage in the exercise of hunting, fishing, trapping or gathering activities regulated by this ordinance except while carrying a valid color picture identification card issued by the Tribe.

(d) The tribal conservation department is authorized to issue permits required by this ordinance. Except as otherwise required by this ordinance, the form of such permits shall be left to the discretion of the tribal conservation department.

(e) No member or duly authorized non-member shall refuse to display his or her identification documents or any other document or permit required by this ordinance to any tribal conservation warden or tribal law enforcement officer upon request by such warden or officer. The Tribal Governing Board has the discretion to allow other state, local or federal law enforcement officers the authority to enforce this ordinance on the reservation.

(f) No member or duly authorized non-member to whom any permit has been issued under this ordinance shall fail or refuse to provide harvest reports and data, and such other relevant information, as may be requested by a tribal conservation warden, tribal law enforcement officer or the tribal conservation department.

(g) The tribal conservation department may issue individual tribal member hunting, trapping, fishing and/or gathering identification numbers as part of a reservation-wide automated system for issuing permits.

CSV.1.3.040 Waste of Natural Resources

No member or non-member shall unreasonably waste, injure or destroy, or impair natural resources while engaging in the exercise of hunting, fishing, trapping or gathering activities regulated by this ordinance.

CSV.1.3.050 Larceny of Natural Resources

No member or non-member shall, without permission of the owner, molest, disturb or appropriate any miscellaneous forest product, wild rice, or wild animal, or the carcass or part thereof, which has been lawfully reduced to possession of another.

CSV.1.3.060 Use of Poison and Explosives

(a) No member or non-member shall take, capture, or kill or attempt to take, capture or kill any wild animal with the aid of dynamite or any other explosive or poisonous or stupefying substances or devices.

(b) No member or non-member shall place in any reservation waters explosives which might cause the destruction of any wild animal, except when authorized by the tribal conservation department, or have in his or her possession or under his or her control upon any reservation waters any dynamite or other explosives or poisonous or stupefying substances or devices for the purpose of taking, catching or killing wild animals.

(c) No member or non-member shall use, set, lay or prepare in any reservation waters any lime, poison, fish berries, or any other substance deleterious to fish life; or use baits containing poison of any description in any reservation forests, fields or other places where such baits might destroy or cause the destruction of wild animals; and the possession of any such poison, poison baits or substances deleterious to wild animals by a member or non-member while harvesting any resource on the reservation is prima facie evidence of a violation of this section.

(d) Nothing in this ordinance shall prohibit the tribal conservation department or its designated agents from using explosives or having explosives in its possession for the purpose of removing beaver dams, clearing a channel, or breaking a log or ice jam.

CSV.1.3.070 Throwing Away Refuse; Abandoning Automobiles, Boats or Other Vehicles

No member or non-member shall deposit, place or throw into any reservation waters, or leave upon the ice or in such waters or land any cans, bottles, debris, refuse or other solid waste materials; and no member shall abandon any automobile, boat or other vehicle in such waters or on tribal land. Any automobile, boat or other vehicles not removed from such waters or tribal land within thirty (30) days shall be rebuttably presumed to be abandoned.

CSV.1.3.080 Scientific Investigation

(a) The tribal conservation department or its designated agents may conduct investigations of wild animals, wild rice, and miscellaneous forest products in order to develop scientific information relating to population, distribution, habitat needs, and other biological data in order to advise the Tribe on conservation measures designed to ensure the continued ability of wild animals, wild rice, and miscellaneous forest products to perpetuate themselves.

(b) The tribal conservation department or its designated agents may for scientific purposes engage in or authorize others to engage in the harvest of protected wild animals, wild rice, or miscellaneous forest products by the use of methods, at times or at locations not authorized by this ordinance on such terms and conditions as it deems appropriate.

CSV.1.3.090 Seasons

No member or duly authorized non-member shall engage in the harvest of resources regulated by this ordinance, except during the respective seasons established pursuant to this ordinance.

CSV.1.3.100 Possession of Miscellaneous Forest Products, Wild Rice or Wild Animals During Closed Season

No member or non-member shall have in his or her possession or under his or her control at any time any miscellaneous forest product, wild rice or wild animal, or the carcass or any part thereof, showing that the same has been taken on the reservation during the closed season for such miscellaneous forest product, wild rice or animal, except as otherwise authorized by this ordinance.

CSV.1.3.110 Bag Limits; Possession Limits

There shall be no limits on the harvest of resources regulated by this ordinance during the open season, except the Tribal Governing Board reserves the right to impose limits that the tribal conservation department determines is the best interest of the Tribe to do so.

CSV.1.3.120 Transportation of Game Off-Reservation

(a) No member or non-member shall transport game off -reservation without a transportation tag, which can be obtained from the tribal conservation department.

(b) Notwithstanding the foregoing, no transportation tag is needed if game is transported between the exterior boundaries of the Lac Courte Oreilles Reservation and off-reservation lands under the jurisdiction and purview of the Lac Courte Oreilles Tribe. However, the member or duly authorized non-member must travel directly to the other parcel when a transportation tag has not been obtained.

CSV.1.3.130 Sharing of Permits and Tags

Except as otherwise provided in this ordinance, no member or duly authorized non-member shall lend, share, give, sell, barter or trade, or offer to lend, share, give, sell, barter or trade to any person any identification document or permit issued by the Tribe pursuant to this ordinance.

CSV.1.3.140 Harvesting with Another's Permit Prohibited

Except as otherwise provided in this ordinance, no member or duly authorized non-member shall hunt, fish, trap or gather any wild animal, wild rice, or miscellaneous forest product while in possession of any permit issued to another.

CSV.1.3.150 Artificial Light or Shining Wild Animals

(a) The use of artificial light for hunting is permitted, provided it is not within a safety zone as defined in Section CSV.1.2.010(hhh) of this ordinance. Member and duly authorized non-member compliance with the use of a safe zone of fire as defined in Section CSV.1.2.010(ggg) of this ordinance and an adequate backstop as defined in Section CSV.1.2.010(a) of this ordinance shall be considered safe hunting, otherwise no member or duly authorized non-member shall hunt and shine wild animals in such a manner so as to put human lives in danger, and a member or duly authorized non-member must take reasonable precautions to refrain from hunting dangerously.

(b) Except as provided in Section CSV.1.3.290(c) of this ordinance, if an unpermitted non-member accompanies a member hunting, the unpermitted non-member may be an onlooker only and not physically participate in any aspect of hunting, such as driving the car, holding the light or shooting the animal. Notwithstanding the foregoing, an unpermitted non-Tribal member may assist in any way after the kill.

CSV.1.3.160 Duties on Accidental Shooting

Any member or duly authorized non-member who, while hunting any wild animal, discharges a firearm or arrow, and thereby injures or kills another person, shall forthwith give his or her name and address to such person if injured and render assistance to him or her as may be necessary and obtain immediate medical or hospital care, and shall immediately thereafter report such injury or death to the proper law enforcement authorities.

CSV.1.3.170 Failure to Report Hunting Accident

Every member or duly authorized non-member who shall have caused or been involved in an accident in which another person has been injured by gunfire or by arrow while hunting or trapping, or shall have inflicted an injury upon himself or herself with a firearm or arrow while hunting or trapping, shall render or cause to be rendered a report to the tribal conservation department within ten (10) days after such injury.

CSV.1.3.180 Hunting While Intoxicated

No member or duly authorized non-member shall possess or hunt with a firearm, bow and arrow or crossbow while under the influence of an intoxicant or controlled substance to a degree that the member is incapable of safely using such weapon, or while a member has a blood alcohol concentration of 0.08 grams or more of alcohol per 100 milliliters of a person's blood or 0.08 grams or more of alcohol per 210 liters of a person's breath.

CSV.1.3.190 Resisting Conservation Wardens

No member or duly authorized non-member shall assault or otherwise resist or obstruct any law enforcement officer authorized to enforce the provisions of this ordinance in the performance of duty.

CSV.1.3.200 False Impersonation of Warden

No member or duly authorized non-member shall falsely represent himself or herself to be a law enforcement officer authorized to enforce the provisions of this ordinance, or shall assume to act as such an officer, without having been first duly appointed.

CSV.1.3.210 General Restrictions on Hunting

(a) Harvesting in Restricted Areas. No member or duly authorized non-member shall:

(1) Hunt within 150 yards (450 feet) of any occupied commercial structure, public structure, dwelling house, residence, cabin, camp, cottage, barn, or other building used in connection therewith. "Building" as used in this subsection includes any house trailer or mobile home, but does not include any tent, bus, truck, vehicle or similar portable unit.

(2) Hunt or trap within any other area designated by the Tribal Governing Board, where the notice of the prohibition of hunting or trapping is clearly posted;

(b) Color of Clothing. It is strongly recommended that a highly visible color commonly referred to as hunter orange, blaze orange, fluorescent orange, flame orange, or fluorescent blaze orange is worn when hunting in groups and during the 9-day state deer gun hunting season.

(1) Caliber Limitations. No member or duly authorized non-member shall:

(A) Hunt big game with a firearm except with the use of a center fire firearm of .22 caliber or larger, a muzzleloader of .40 caliber or larger, or shotgun using slug or buckshot.

(B) Hunt wild turkey with a firearm except with the use of a shotgun or muzzle loading shotgun using number four (#4) shot or smaller, or a rim fire firearm of .17 caliber or larger including all center fire firearms.

(C) Hunt furbearers with a firearm except with the use of a rim fire firearm of .17 caliber or larger including all center fire firearms.

(2) Archery Limitations.

(A) No member or duly authorized non-member shall hunt big game with a bow and arrow except with the use of a broad head with a cutting surface of at least one inch (1") diameter.

(B) There is no limitation on the use of cross bows or the hunting of small game with the use of a bow and arrow.

(3) Firing a Weapon.

(A) No member or non-member shall discharge or fire a weapon within a safety zone as defined in Section CSV.1.2.010(hhh) of this ordinance.

(B) No member or non-member shall hunt within a state road right of way if the adjoining land is private land, except with the land owner's permission.

(4) Automatic Firearms.

(A) No member or non-member shall use any fully automatic firearms in the hunting, pursuing or killing of game.

(B) No member or non-member shall possess any fully automatic firearms in an area frequented by game during any big game season.

(5) Silencers.

No member or non-member shall use a device or apparatus known as a silencer.

(d) Restrictions on Use of Bait.

(1) No member or duly authorized non-member shall use bait to hunt unless such bait is confined to an area containing no more than ten (10) gallons of bait material.

(2) No member or duly authorized non-member shall place, use or hunt over bait containing or contained within metal, plastic, glass, wood or nondegradable materials, except a member may hunt over bait contained within such containers as long as the member occupies the bait site.

(3) No member or duly authorized non-member shall use drugs or poisons bait.

(4) This section shall not prohibit hunting over salt as bait.

(5) This section shall not prohibit hunting over bait materials deposited by natural vegetation or found solely as a result of normal agricultural practices.

CSV.1.3.220 Hunting with Aircraft Prohibited

No member or non-member shall hunt with the aid of an airplane, including the use of an airplane to spot, rally or drive wild animals for hunters on the ground.

CSV.1.3.230 Pivot Guns and Similar Devices Prohibited

No member or non-member shall place, operate or attend, spread, or set any net (except as authorized for fishing pursuant to Subchapter CSV.1.9), pitfall, spring gun, pivot gun, swivel gun, or other similar contrivance for the purpose of catching or which might catch, take or ensnare wild animals.

CSV.1.3.240 Harassment and Tampering with Equipment of Another Prohibited

(a) No member or non-member shall harass, impede, or interfere with any hunter, fisherman, trapper, or gatherer.

(b) No member or non-member shall molest, disturb, tamper with or in any way otherwise interfere with any hunting, fishing, trapping or gathering equipment used, set or placed by another except with the owner's permission.

CSV.1.3.250 Endangered and Threatened Species Protected

Except as otherwise permitted by law, no member or non-member shall take, kill, hunt, pursue, shoot at, disturb, destroy, transport, possess, process, purchase or sell any endangered and threatened species as defined in Section CSV.1.2.010(w) of this ordinance.

CSV.1.3.260 Commercial Harvest Restricted

No member or duly authorized non-member shall sell meat from wild animals harvested pursuant to this ordinance except for subsistence uses as defined in Section CSV.1.2.010(sss) of this ordinance.

CSV.1.3.270 Unprotected Species

Except as otherwise expressly provided, nothing in this ordinance shall be construed to prohibit or regulate the harvest of any unprotected species, as defined in Section CSV.1.2.010(hhhh).

CSV.1.3.280 Protected Species

No member or non-member shall hunt, fish, trap or gather any of the following species: paddlefish, spoonbill catfish, wolverine, badger, flying squirrel, wolf, lynx, cougar, elk, moose, pine marten, homing pigeon or any wild bird, except those species whose harvest is specifically regulated pursuant to the provisions of this ordinance.

CSV.1.3.290 Permissible Conduct/Assistance by Non-Members

(a) Conduct which is not expressly prohibited, restricted or otherwise regulated by this ordinance shall be deemed permissible.

(b) Except as provided in Section CSV.1.3.290(c) or as otherwise provided herein, nothing in this ordinance shall be construed to prohibit a member from hunting, fishing, trapping or gathering with any non-member, provided that such non-member possesses a duly authorized permit issued by the Tribal Governing Board and complies with the provisions of this ordinance governing such activity.

(c)(1) No member shall allow any non-member to assist, and no such non-member shall assist, in the activities authorized by this ordinance except in accordance with the provisions of this subsection, or the provisions as provided in Section CSV.1.3.290(b), above.

(2) Except as provided in Section CSV.1.3.290(b), those persons who may assist a member shall be limited to the member's spouse, forebears, children, grandchildren, siblings, niiyawenh'enh (tribal namesake), nindoodem (tribal clan member), and bami'aagan (tribal customary adoption relative).

(3) A member may be assisted by a non-member in accordance with this subsection only if the member is physically present during the activity which constitutes assistance.

(4) Non-member "assistance" pursuant to this subsection shall be limited to the following activities:

(A) Operation of a boat during spearing;

(B) Placing or lifting a net, set pole, bank pole or setline;

(D) In hunting, all activities except the actual use of a firearm, bow and arrow or crossbow to kill an animal;

(E) In shining, acting as a driver and using a light to shine.

(F) In trapping and snaring all activities except the setting or placement of traps and snares;

(G) In harvesting wild rice, all activities;

(H) In harvesting miscellaneous forest products, which does not include wild rice and timber, all activities except the actual cutting or uprooting of the miscellaneous forest product, or the removal of miscellaneous forest product parts from miscellaneous forest products left growing; and

(I) In harvesting clams, crayfish, turtles and species the harvest of which are not prohibited or otherwise regulated by this ordinance, all activities except the actual use of a device to kill an animal or the specific act which reduces an animal to possession.

(Res. No. 15-94; Res. No. 15-62.)

Prior Codifications

§CSV.1.3.290 was formerly codified as VI LCOTCL §1.329

Editor's Notes

Niiyawe'enh – refers to niiyaw (body) which carries the critical meaning of the word for namesake. When someone gave a name, the name giver gave part of his or her spirit essence and put it into the body of the name recipient, making them spiritually related for life. The name giver then functioned more like a godparent in Christian tradition, as a spiritually connected family member blessed with the same dream or vision that informed the given name. The term niiyawe'enh is used reciprocally and is shortened in some communities to just we'enh, but still retaining the cultural and spiritual value. Sources for information on naming include: Anton Treuer, The Assassination of Hole in the Day, (St. Paul: Minnesota Historical Society Press, 2010), pg. 13; Edward Benton-Benai, The Mishomis Book: The Voice of the Ojibway, (Hayward, WI: Indian Country Communications, Inc., 1988), Chapter 2, Original Man Walks the Earth, pgs. 5-9; Basil Johnston, Ojibway Heritage, (Lincoln, NE: University of Nebraska Press, 1990), Chapter 11, Ceremonies, Songs and Dances (Life Commemorations), pgs. 141-148; Basil Johnston, Ojibway Ceremonies, (Lincoln, NE: University of Nebraska Press, 1990), "The Naming Ceremony: Wauweendaussowin," pgs. 11-30; Frances Densmore, Chippewa Customs, Washington: Bulletin, Bureau of American Ethnology, 1929), "The Naming of a Child," pgs. 52-58; Amik Larry Smallwood, Ojibwe Names are Spirit Names, (Onamia,MN: Mille Lacs Band of Ojibwe, 2009), pgs. 1-2.

Doodem – refers to ode' (heart) and doodoosh (from where one gets their sustenance) which establishes the word for clan. Ojibwe stories commonly acknowledge animals as teachers and guides to Original Man, or Anishinaabe. They taught him many valuable lessons as he became acquainted with his environment. They showed him various plants for use as food, medicine, in ceremonies and for utilitarian purposes. They showed him how to hunt and fish and most important of all, they provided themselves to Anishinaabe for food, clothing, and shelter. The Ojibwe at one time were not relating to aki, the earth in a way that properly accounted for these pre-existing relationships. They had created great imbalance and the Earth was flooded. When the Earth was created anew, the animals stood up for the people, they vouched for the Ojibwe and said they would teach them how to relate to creation. The animals created a relationship with the Ojibwe and took responsibility for their actions. This is one of the origin stories of the doodem (clan) system. This system uses various animals as symbols for the clans. The animals' characteristics provide an identity and define roles and responsibilities for members of each doodem. The Doodem becomes another form of family for Ojibwe people. Doodem identity is passed through the father. Members of the same doodem, no matter how many miles apart, were one's brothers and sisters and were expected to extend hospitality, food and lodging to each other. Since Ojibwe people belong to a tribe (band) and to the Ojibwe Nation, doodem relationships help unite the various Ojibwe tribes as one nation. Sources for information on clans include: Edward Benton-Benai, The Mishomis Book: The Voice of the Ojibway, (Hayward, WI: Indian Country Communications, Inc., 1988), Chapter 10, The Clan System, pgs. 74-78; Ruth Landes, Ojibwa Sociology, (NY: Columbia University Contributions to Anthropology, 1969), Chapter 2, "Gens Organization," pgs. 31-52; William W. Warren, History of the Ojibway People, (St. Paul, MN: Minnesota Historical Society Press, 1984), Chapter 2, "Totemic Division of the Ojibways," pgs. 41-53; Basil Johnston, Ojibway Heritage, (Lincoln, NE: University of Nebraska Press, 1990), Chapter 5, "Man's World," pgs. 59-79; James Dumont, Anishinaabe Izhichigewin, (1999), Chapter 1, Part Four "The Anishinaabe Clan System as a Model of Governance," pgs. 27-36, Chapter 1, Part Five, "Anishinaabe Principles of Leadership and Managing Change," pgs. 36-42; Heidi Bohaker, "Reading Anishinaabe Identities: Meaning and Metaphor in Nindoodem Pictographs," Ethnohistory, vol. 57, no. 1 (Winter 2010): 11-33; Heidi Bohaker, "Nindoodemag: The Signifigance of Algonquian Kinship Networks in the Eastern Great Lakes Region, 1600-1701," William and Mary Quarterly, vol. 63, no. 1 (January 2006): 23-49.

Bami'aagaan – refers to bami' (provide for, nurture, look after, support, adopt) which establishes the word for the adopted one. Customary adoption is a traditional tribal practice recognized by the community and tribe which acknowledges a person as having established a permanent kinship relationship such as parent/child, brother/sister, or grandparent/grandchild, with someone other than the person's blood relative. It is the fundamental belief of the Ojibwe that the people of the communities are the sacred responsibility of the Tribe. This is because one of the basic inherent sovereign rights of the Tribe is the right to make decisions regarding the best interests of their communities including who should provide for the care, nourishment and support of their members. This provision is intended to acknowledge these safe, stable, nurturing, and permanent relationships established pursuant to tribal customary practices regarding the tribe's members in order to provide for the protection of their people and way of life. The principles that guide decisions pertaining to bami'aagan are: protection of the member's well-being and welfare and their sense of belonging; preservation of the member's identity as a tribal member and member of an extended family and clan; as well as the preservation of the culture, religion, language, values, clan system and relationships of the Tribe. Sources for information on traditional kinship responsibilities and customary adoption include: White Earth Band of Ojibwe, Title 4(a) Customary Adoption Code; Ruth Landes, Ojibwa Sociology, (NY: Columbia University Contributions to Anthropology, 1969), Chapter 2, "Kinship Organization," pgs. 5-30; Heidi Kiiwetinipinesiik Stark, "Marked by Fire: Anishinaabe Articulations of Nationhood in Treaty Making with the United States and Canada," American Indian Quarterly, vol. 36, no. 2, pp. 119-149.

CSV.1.3.300 Emergency Closures

(a) Notwithstanding any other provisions of this ordinance, the Director of the tribal conservation department is hereby authorized and empowered to order the closure of the harvest activity of any species, generally or with respect to a particular location or body of water, whenever in his or her professional opinion and judgment the continuation of the harvest is likely to result in a harvest exceeding the Tribe's harvest goals or may otherwise cause biological harm to the species involved.

(b) Every reasonable effort shall be made to consult with and obtain the approval of the Tribal Governing Board prior to ordering an emergency closure, but such closure may be ordered without consultation or approval if circumstances require.

(c) An emergency closure shall become effective immediately upon issuance or at such time or date as the closure order may direct. Such closure shall be communicated to the members of the Tribe by the best and swiftest practicable method.

(d) No member or non-member shall violate the terms, conditions, or restrictions of an emergency closure order issued pursuant to this section.

CSV.1.3.310 Portable Raised Platforms or Stands Regulated

A member or duly authorized non-member may hunt from a platform or stand, subject to the following provisions:

(a) Portable tree hunting stands and blinds may be used provided they are removed completely from the property no later than ten days after the end of the deer season except an owner of sole-heirship property may keep permanent tree stands on their property.

(b) Unoccupied tree stands shall be affixed with the user's tribal identification number or tribal hunting identification number, attached to the stand in a manner so it is clearly visible to a person standing on the ground.

(d) No member or duly authorized non-member shall use nails to secure the platform or stand to the tree or otherwise cause damage to a tree(s) by the placement or erection of a platform or stand or by any other manner while climbing or hunting from a tree. Careful pruning of limbs less than 1 inch in diameter on a tree in which a tree stand is used shall not be considered causing damage to the tree.

(e) No member or duly authorized non-member shall prohibit any person from using a stand that is not occupied and being used by the member or duly authorized non-member, except that the member or duly authorized non-member retains the authority to remove and relocate their stand at any time. No member or duly authorized non-member shall prevent the owner of a stand from removing their stand. A stand placed on tribal lands does not reserve that location for the exclusive use of the member or duly authorized non-member whom placed the stand.

(f) No member or duly authorized non-member shall relocate a stand that was lawfully placed by another.

(g) Any stand which is untagged shall be immediately seized and confiscated, and the owner shall be subject to citation for a violation of the provisions of Section CSV.1.3.310(b).

Subchapter CSV.1.4 Enforcement

CSV.1.4.010 Hearings in Tribal Court

Jurisdiction over all matters arising under this ordinance shall be with the tribal court which shall adjudicate in accordance with the Tribal Court Code all questions, complaints and alleged violations involving the provisions of this ordinance.

CSV.1.4.020 Enforcement by Conservation Wardens

Any provision of this ordinance may be enforced by wardens of the tribal conservation department or officers of the tribal law enforcement department. Said tribal law enforcement officers are hereby deputized by the Tribe as tribal conservation wardens for the purpose of enforcing this ordinance.

CSV.1.4.030 Enforcement by Other Law Enforcement Officers

The Tribal Governing Board has the discretion to allow other state, local or federal law enforcement officers the authority to enforce the provisions of this ordinance and to institute proceedings in the tribal court by use of citation forms of the tribal conservation department or to refer the matter to appropriate tribal wardens or the tribal prosecutor for further investigation or action.

CSV.1.4.040 Search and Seizure; When Authorized

Any person authorized to enforce the provisions of this ordinance may conduct a search of an object, place or person whose conduct is regulated by the provisions of this ordinance, and seize things when the search is made:

(a) With consent;

(b) Pursuant to valid search warrant;

(d) Incident to the issuance of a lawfully issued citation under this ordinance; or

(e) As otherwise authorized by law or by the provisions of this ordinance.

CSV.1.4.050 Investigations

(a) Any person authorized to enforce the provisions of this ordinance may:

(1) Investigate complaints regarding natural resource harvest violations within the Lac Courte Oreilles Reservation lands as well as off-reservation lands under the jurisdiction and purview of the Lac Courte Oreilles Tribe.

(2) Subject to Section CSV.1.4.050(b), conduct routine inspections of a tribal natural resources harvesting permit or a member's tribal identification card required by Section CSV.1.3.030(c) of this ordinance;

(3) Execute and serve warrants and other process issued by the tribal court in accordance with applicable law;

(4) Stop and board any boat and stop any automobile or other vehicle if the person reasonably suspects there is a violation or breach of this ordinance;

(5) With or without a warrant, open, enter and examine vessels, boats, wagons, trailers, automobiles, vehicles, snowmobiles, and packages and other receptacles contained therein, in which the person has probable cause to believe that contraband miscellaneous forest product, wild rice, or wild animal, or carcasses or part thereof, may be contained therein;

(6) May seize and hold subject to the order of the tribal court any alleged contraband or property which such person reasonably believes may be needed as evidence in connection with the institution of proceedings in tribal court or any property otherwise authorized to be seized by the provisions of this ordinance. Upon confiscation, the tribal conservation department must give the person suspected of violating this ordinance a receipt and a copy of the tribal conservation department's retention policies for confiscated property;

(7) Issue or refuse to issue permits for hunting, fishing, trapping and gathering in accordance with this ordinance;

(8) Exercise reasonable discretion and judgment in enforcing and applying any provision of this ordinance.

(b) The inspections authorized by Section CSV.1.4.050(a)(2) shall be conducted in a manner and at such times and locations as are reasonable and appropriate in the ordinary course of routine enforcement activities.

CSV.1.4.060 Issuance of Citations

Any person authorized to enforce this ordinance may issue a citation when any violation of this ordinance occurs in the presence of the enforcement authority or the enforcement authority investigating a report of a violation of this ordinance finds probable cause to believe that a violation has occurred, provided:

(a) The citation is issued on a form approved by the Tribal Governing Board or tribal court to any person whose conduct is regulated by the provisions of this ordinance upon reasonable belief that such person has violated or breached a provision of this ordinance; and

(b) The citation states the nature of the violation, the location of the violation, the date and time of the violation (or the date and time when the violation was discovered) and the section(s) of this ordinance that were violated;

(c) The citation states the date of the initial hearing before the tribal court which shall be no sooner than ten (10) days after the service of the notice;

(d) The citation states the amount of the fine which may be paid by the violator to the tribal court in order to avoid the initial hearing;

(e) The citation states that the failure to pay the amount of the fine or appear before the tribal court on the date set for hearing, shall result in entry of a default judgment and an award of relief in accordance with this ordinance.

CSV.1.4.070 Harvest Related Data or Information

Any person authorized to enforce this ordinance are hereby empowered to request and receive from the tribal conservation department or a tribal harvest registration station information regarding permit issuance and any other necessary harvest related data or information.

CSV.1.4.080 Penalties

(a) If the tribal court finds that any member or duly authorized non-member who, for himself or herself, or by his or her agent, servant or employee, or who as an agent, servant or employee of another, violates this ordinance, the member or non-member shall be liable as follows:

(1) For all violations for which no other amount is specified, a civil remedial forfeiture of not more than $5,000.00;

(2) For any violation, attendance of cultural education classes;

(3) For any violation, a revocation or suspension of off-reservation hunting, fishing, trapping or gathering privileges for a period of time within the discretion of the court;

(4) For any violation, a civil remedial forfeiture of any property, including boats, motors, vehicles, hunting or fishing equipment, or other property, used in the commission of the violation of this ordinance;

(5) For all violations, the court may order a natural resources assessment not to exceed 75% of the amount of the civil remedial forfeiture; and

(6) For all violations, appropriate court costs within the discretion of the court.

(b) Any member or duly authorized non-member who fails to pay any fine assessed by the tribal court within thirty (30) days after the fine has been assessed and who fails to make other arrangements regarding payment of the fine, shall owe, in addition to the fine imposed, $10.00 for each thirty (30) Day period that the fine is overdue.

CSV.1.4.090 Enhancement of Forfeiture and Penalties

Upon conviction of any member or duly authorized non-member for a violation of this ordinance when such person has been convicted of a previous violation of this ordinance within a period of one year, the court may enhance any civil remedial forfeiture or other penalty as the court deems appropriate.

CSV.1.4.100 Civil Damages

In addition to any other penalty allowed by this ordinance, the tribal court may award to the Tribe or, in addition to an action to impose penalties, the Tribe may bring a civil action for recovery of, damages against any person unlawfully killing, wounding, catching, taking, trapping, or having unlawfully in possession any of the following named protected miscellaneous forest products, wild rice, wild animals, or any part thereof, and the sum assessed for damages for each miscellaneous forest product, wild rice, or wild animal, shall not be less than the amount stated in this section:

(a) Any endangered and threatened species protected under this ordinance, $875.00.

(b) Any fisher, prairie chicken or sand hill crane, $262.50.

(d) Any bobcat, cougar, fox, beaver or otter, $87.50.

(e) Any coyote, raccoon or mink, $43.75.

(f) Any sharptail grouse, ruffed grouse, spruce grouse, wild duck, coot, wild goose or brant, $26.25.

(g) Any pheasant, Hungarian partridge, bobwhite, quail, rail, Wilson's snipe, woodcock or shorebird, or protected song bird or harmless bird, $17.50.

(h) Any muskrat, rabbit or squirrel, $8.75.

(i) Any muskellunge or rock or lake sturgeon, $43.75.

(j) Any largemouth or smallmouth bass, $26.25.

(k) Any brook, rainbow, brown, or steelhead trout, $26.25.

(l) Any walleye, northern pike, or any other game fish not mentioned in pars. (9) to (11), $8.75.

(m) Any wild animal, wild rice, or miscellaneous forest product not mentioned in pars. (2) to (8), $17.50.

CSV.1.4.110 Seized Wild Animals Wild Rice, and Miscellaneous Forest Products

No wild animal, wild rice, or miscellaneous forest product seized pursuant to this ordinance shall be returned to a convicted violator, his or her immediate family, or other member of the hunting, fishing, trapping or gathering party.

CSV.1.4.120 Schedule of Money Penalties; No Contest

The Tribal Court, in consultation with the Tribal Governing Board, may adopt a schedule of forfeitures to be imposed by the Court upon the receipt of an admission that a violation of this ordinance has occurred, or a plea of no contest, which may be done either in person or in writing. This schedule shall not bind the Court as to forfeitures assessed by the Court after adjudicating a violation where the defendant has entered a plea of not guilty.

CSV.1.4.130 Collection of Money Penalties

Enforcement of the money penalties imposed pursuant to this ordinance may be had through the collection of penalties from funds of the violator held by the Tribe, through the imposition of community service work requirements in lieu of money payment, through debt collection mechanisms of the courts of other jurisdictions, or through any other method authorized by law.

CSV.1.4.140 Parties to a Violation

(a) Whoever is concerned in the commission of a violation of this ordinance shall be deemed a principal and may be charged with the violation although he or she did not directly commit it and although the member or non-member who directly committed it has not been convicted of the violation.

(b) A member or duly authorized non-member is concerned in the commission of the violation if the member or duly authorized non-member:

(1) Directly commits the violation;

(2) Aids or abets the commission of it; or

(3) Is a party to a conspiracy with another to commit it, or advises, hires, or counsels or otherwise procures another to commit it.

CSV.1.4.150 Harvesting After Revocation or Suspension

No member or duly authorized non-member whose hunting, fishing, trapping or gathering privileges have been revoked or suspended pursuant to Section CSV.1.4.080(a)(3) of this ordinance, shall assist, hunt, fish, trap or gather any miscellaneous forest product, wild rice, or wild animal, the harvest of which is regulated by this ordinance, during such revocation or suspension.

CSV.1.4.160 Interference with Department

No member or non-member shall knowingly interfere with or hinder or restrict wardens of the tribal conservation department or officers of the tribal law enforcement department or any other law enforcement department or agency from which the tribal conservation department has sought assistance, in the exercise of authority or performance of duties under this ordinance.

Subchapter CSV.1.5 Wild Rice Harvesting Regulations

CSV.1.5.010 Manoomin Gakinoo'amaagewin

Miinawaa gaye o gaa-izhi-wiindamawind aw anishinaabe o`apii dabwaa-dagoshing aw gaa-waabishkiwed. Niizhwaaso gii-tagoshinoog ezhi-manidoowaadiziwaad gii-wiindamawindwaa anishinaabe aaniin keyaa ewiiyan ezhi-wii-ezhiwebak ingoding wii-tagoshin waayaabishkiiwed. Mii iwidi gii-wiindamawindwaa ya`o waa-tibaadidamaan. Gaawiin gii-ozhimosiiwag anishinaabeg. Ogii-maamiginaawaan gakina izhi-miinindwaa midenid, midewinid ayaabajitood owe ge gimishomisinaan dewe`igan, zhiishiigwanan, midewayaanan gakina gegoo ayaabajichigaadeg midewind anishinaabe. Mii gaa-izhi-ombinigaadeg mii dash gaa-izhi-maajaawaad imaa keyaa gii-pi-onaawinidiwaad idash dabwa-bi-maajaawaad dash aw manoomini-anishinaabe, manoomini-anishinaabe noongom ezhi-gikenimind mii agiwaa gii-miinaawag yo'oh manoomin, manidoo-manoomin ezhinikaadeg omaa manidowaadad gii-wiindamawaan anishinaabe iw wapii odi keyaa ningaabii`anong ezhaayan. Baanimaa dagoshinan iwidi badakideg, agoondeg agoondeg iiwo manidoo-manoomin. Mii imaa, mii imaa ajiwaa da-gikendameg gaye giinawaa gidandishinaabe-akiimiwaa gaa-ayaamagak. Mii gaa izhi-wiindamawindwaa. Wiinitamiwaa dash agiw manoominini-anishinaabeg, mii o gaa-pi-dakonamowaad. Mashkimod igo dibishkoo mashkimod izhi-gikendamang.

Wiigwaas idash i`ii miinawaa nagamonan, manidoo-nagamonan miinawwa gaye awiiya bineshiinh manoominkeshiiyen ezhinikaazod. Mii ya`aw, mii ya`aw odaa naasaab gaa gaa-pazigwaa imaa gaa-pagizigwa'od i`iw apii gii-pamid gii-pi-maajaawaad manidoog. Manidoo-manoomin gii-pi-nanda-waabandamowaad. Mii dash geyaabi ezhi-gikendamang. Manidoo-wiisiniwin, manidoo ogii-pagidinaan i`iw manoomin onjidaa anishinaabe, onjidaa giinawind ezhi-ojibwemoyang ezhi-boodawaadamiig gaye miinawaa manoom miinawaa odaawaag miinawaa manoominiig miinawaa gaye giinawaa ozhaawaanii ezhinikaazowaad. Miinawaa gaye wiinawaa gaa-kikapoo gaa-izhinkaazowaad anishinaabeg. Mii`yenh mii gaa-izhi-miinindwaa yo manidoo...manidoo-wiisiniwin ezhi-manidoowaadak i`iw manoomin. Mii imaa wenzikaamagak gaawiin bakaan, gaawiin bakaan gaye gidaa-mikanziimin i`iw mii iw i`iw manoomin gaa-izhi-miinind Anishinaabe. Mii dash i`yo gaa-izhi-wiindawind Anishinaa weweni ganawendaman yi`o manoomin miinawaa naasaab gaye giin ezhi-ganawenimigoyan. Gaawiin wiikaa da-maadaasinoon i`iw manoomin giishpin weweni weweni ganawendaman. Weweni gaye asemaakeyan dabwa-booziyan jiimaaning. Weweni awiiya da-ganoonaad manidoon yi`ow manidoo ezhi-manidoowaadizid imaa nibiikaang. Mii ya`aw ge-noonind dabwaa dabwaa-boozid awiiiya omaa jiimaaning. Da-wii-maaminigaadeg i`iw manoomin weweni weweni pane da-manaajitooyan kina gegoo. Mii gaa-izhi-wiindamaagoyang. Pane da-mikwendamind, gego wiikaa wanenimaaken aw manidoo.

Aw manidoo gaa-pagidendang yo omaa akiing da-biijikaamigak manoomin. Mii dash iw wenji-asemaakeyang geyaabi bimiwidoodyang yo`o midewaajimon. Geyaabi da-gikendamang, gaawiin eta go da-mikwendamang da-gikendamang gaawiin naasaab i`iw debinaak, gaawiin debinaak da-minikwendamang, da-gikendamang mii ezhi-wiindamaagoyang. Mii dash a`aw asemaa giishpin asemaa weweni aabaji' aabaji`ang i`iw dabwaa-mamooyang yi`iw manoomin. Mii imaa wiindamawigeyang ezhi-miigwechiwitaagoziyang geyaabi o ezhi-manidoowaadak manoomin da-miigwechiwitaagoziwin. Mii omaa ge gii-wiindamaagemin weweni wii-kanawendamang weweni wii-izhitooyang gaawiin gidaa-manaajitoosiimin, gaawiin gidaswewebitoosiimin. Gaawiin gaye giwebinanziimin weweni giga-ganawendaamin da-wiisiniyang da-ashamang a`aw giniijaanisiminaang, da-ashamang gaye a`aw bekaded anishinaabe.

Weweni idash ezhi-wiindamaageyaan nimisiwendaan iwidi keyaa niigaan da-gikendang anishinaabe yo, yo gaa-miinind gaa-miinigoyang da-ganawendamang ezhi-manidoowaadak yo`o, yo`o wiisiniwin. Geget...geget gi-mino-ayaamin gi-mino-bimaadizimin gikendamang ano giigidowinan gaa-izhi-miinigoyang gaye`ii midewaajimon. Weweni dash nimisawendaan geget weweni da-noondang y`ow ezhi-naajimoyaan gaye niin. Gaawiin anishaa ni-izhichigesii. Miinawaa gaawiin, gaawiin ninagowenimaasii awiiya niin. Weweni nimiinaa ya`o ezhi-dibaajimoyaan kina oshkinaj-anishinaabe. O niijaanis miinawaa ongow anishinaabeg owid keyaa niigaan waa-ondaadizijig. Miigwech yi`o taagozi dash ishkwaaj niin dibaajimoyaan.

(Res. No. 15-94; Res. No. 15-62.)

Prior Codifications

§CSV.1.5.010 was formerly codified as VI LCOTCL §1.501

Editor's Notes

Wild Rice Teaching by Bawdwaywidun (Eddie Benton) from Dibaajimowinan: Anishinaabe Stories of Culture and Respect, Great Lakes Indian Fish and Wildlife Commission, Odanah, WI: July 2013.

As the Anishinaabe was told before the white man arrived. There were seven spirits that came to tell the Anishinaabe about what was going to happen with the coming of the white man. These are the teachings that were given that I am going to talk about. The Anishinaabe did not walk away from it. They gathered all the mide teachings, the objects they used such as our grandfather drum, our rattles, mide items and all that is used for the midewiwin. They lifted their sacred items and they all left from there together before the Menominee Indians left, the ones that are known as such they were given the rice, the sacred rice that is called the anishinaabe was told to travel towards the west. As you arrive where it stands, where it lays in the water that sacred rice. This is where you will know the land that is for the Indian will be. This is what they were told. The Menominee where the first to bring the rice (to us…). It was in a sack, as we know of it.

Then in birch bark and the songs, spirit songs and the wild rice bird that is called. That wild rice bird, that same one that flew up with the spirits as they were leaving. As they come and check it out, looked at it. And this is how we still know it. This sacred food, the spirit put it here for the Indian, for the Ojibwe, for the Potawatomie and the Odawa and the Menominee and the Shawnee that are called. And also the Kickapoo Indians that are called as such. This is spirit food that was given by the spirit. This is where it came from, you will not find anywhere else, that which was given to the Anishinaabe. The Anishinaabe was told to take care of the rice and the rice will take care of you. The rice will never disappear as long as you take great care of it. And also offer your tobacco before you get into a canoe. Someone will speak to the spirit…that spirit that is in the water. This is the one that you speak to before you get into the canoe. As we proceed to pick rice…you shall respect all things. This is what we were told. Always remember the spirit, never forget the spirit.

The creator is the one that put this rice to be growing here on earth. That is why we offer tobacco so that we carry on these sacred teachings. To know these teachings, not only to think about it but to know it, not any ole way, not to think about them in any ole way, but to really know the teachings, this is what we were told. That is why tobacco is used before the rice is picked. This where we give our thanks for the sacredness of the rice, as we give thanks. This where we give our thanks to take care of and to make it we are not doing enough to take care of it, we don't give enough voice to it. We do not waste any of it, we take great care of it so that we can feed our children, so that we can feed the ones that are hungry.

As I give these teachings, I want this to be carried on so that the Anishinaabe will know this that was given as we take care of the sacredness of the food. We lead a good life when we remember the sacred teachings that we were given. I wish my teaching to be carried on to those that hear this. I do not do this for nothing. And I am not trying to step over the boundaries of other's teachings. I give my teachings with respect to all the young people. And the future generation. I give thanks whenever I finish a teaching.

CSV.1.5.020 Tribal Wild Rice Authority

(a) Recognition. There hereby is created a Tribal Wild Rice Authority which shall have the powers and duties enumerated in this subchapter.

(b) Definition. As used in this subchapter, "Tribal Wild Rice Authority" shall mean the individuals named by the Tribal Governing Board to act in the manner of the traditional Rice Chiefs for the purposes of implementing the provisions of this subchapter and of regulating the harvest and conservation of wild rice.

(1) Designate the open and closed dates for harvesting of wild rice growing 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 by posting notice of the open dates on the shores of and at places of access to such waters and/or at the tribal conservation department; and

(2) For conservation purposes, establish a closed season for the harvesting of wild rice on any body of water 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.

(d) Sufficient Notice of Opening Dates. If the Tribal Wild Rice Authority designates the open and closed dates for harvesting of wild rice growing 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, the posting of an open date for harvesting wild rice pursuant to Section CSV.1.5.020(c) shall be deemed sufficient notice of such opening date and no other publication thereof is required.

(e) Consultation Required. In exercising its powers and duties under Section CSV.1.5.020(c), the Tribal Wild Rice Authority shall consult with and obtain the advice and recommendations of the Tribal Governing Board and the tribal conservation department..

CSV.1.5.030 Permit Required

No member or duly authorized non-member shall harvest or gather wild rice pursuant to this subchapter without possessing a valid wild rice harvesting permit approved by the Tribal Governing Board which may incorporate such other terms and conditions as the tribal conservation department deems necessary or appropriate. Such a permit may be the member's tribal identification card required by Section CSV.1.3.030(c) of this ordinance. No wild rice harvest permit is required of helpers of a permittee who participate only in shore operations.

CSV.1.5.040 Sale of Wild Rice Authorized

(a) Nothing in this ordinance shall be construed to prohibit members from selling wild rice legally harvested pursuant to this ordinance.

CSV.1.5.050 Allowable Methods

(a) No member or duly authorized non-member shall harvest or gather wild rice by the use of any method other than smooth, rounded cedar rods or sticks which are held and operated by hand.

(b) No member or duly authorized non-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 Tribal Governing Board.

CSV.1.5.060 Boats

Except as otherwise authorized by the Tribal Governing Board, no member or duly authorized non-member may harvest or gather any wild rice by the use of any boat longer than 18 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.

CSV.1.5.070 Open Season

(a) There is no closed season for the harvest of wild rice on any body of water on the reservation as defined in Section CSV.1.2.010(ddd) of this ordinance except for the following:

(1) Any other body of water for which the Tribal Wild Rice Authority has established a closed season pursuant to Section CSV.1.5.020(c) of this ordinance.

(b) No member shall harvest or gather wild rice in any body of water for which there is a closed season pursuant to Section CSV.1.5.070(a), except during the time(s) as such body of water is posted open by the Tribal Wild Rice Authority pursuant to Section CSV.1.5.020(c)(1) of this ordinance.

CSV.1.5.080 Hours

No member shall harvest or gather wild rice on any body of water on the reservation as defined in Section CSV.1.2.010(ddd) of this ordinance between sunset and the following 9:00 a.m., Central Time.

CSV.1.5.090 Harvest Monitoring

No member shall refuse to cooperate with wild rice harvest monitoring activities conducted by the tribal conservation department.

CSV.1.5.100 Harvest by Authorized Officials

Nothing in this subchapter shall prohibit or preclude the tribal conservation department or their designees from harvesting or gathering wild rice for scientific purposes or otherwise within the performance of their duties.

CSV.1.5.110 Assistance by Non-Members

No person who is not a member or a duly authorized non-member shall assist a member in the gathering of wild rice pursuant to this ordinance except as provided Section CSV.1.3.290 of this ordinance.

Subchapter CSV.1.6 Big Game Harvesting Regulations

CSV.1.6.010 Awesiinyag Mendidojib Gidizhitwaawininaan

Ingoding gii-taawag aanind anishinaabe iwidi Manoominikaang. Gaawiin gegoo ogii-misawndanziinaawaan. Ogii-mamoonaawaan eta waa-aabajitoowaad miinawaa gii-ashangewag (wiikongewag) da-miigwechiwi'iwewaad.

Baanimaa ogii-ani-wanendaanaawaan odizhitwaawiniwaan. Gaawiin geyaabi gii-paatayiinosiiwag giigoonyag. Gaawiin dash geyaabi gii-minoginzinoonan ogitigaaniwaan. Gii-ani-maajaawag waawaashkeshiinyag. Gii-ani-gawanaandam Anishinaabe.

Bezhig anishinaabe ogii-naanaagadawendaan gaa-izhi-maazhiseg. Ogii-kikenimaan ezhi-maajaawaad gaagaagiin miinawaa aandegwan. Ogii-ineminaan iniw waawaashkeshiinyan izhi-biminizha'aawaad. Gii-ani-kii'igoshimo gaye wiin gaa-izhi-biminizha'aad iniw bineshiinyan Giiwedinong akeyaa.

Eshkam gii-shaagwiiwii biminizha'iwed. Gegapii gii-wanendamaa. Ojiichaagwan dash geyaabi giiwedinong akeyaa gii-izhaawan ganawenimigod gidoodeminaanig. Gii-tagoshin noopiming gii-tazhi-maawanji'idinid bineshiinyan.

Ogii-kagwejimaan, "Aaniin gaa-onji-makamiyaang waawaashkeshiinyag? Nindapenimonodawaanaanig da-wiisiniyaang miinawaa da-biizikiiganikeyaang." Ogii-nakwetaagoon: "Gaawiin ningii-izhichigesiimin. Gaye niinawind nindapenimonodawaanaanig da-bimaadiziyaang. Ningii-piminizha'aanaanig gii-maajaawaad. Gigii-nishiwanaajichigem. Gidaa-gaagiizomaawaag. Giga-bagidinigoo da-nazikawadwaa."

Niigaan gii-izhaa ani-waabamaad waawaashkeshiinyan gitigaaning. Gii-ani-mawi naazikawaad iniw ogimaawi-waawaashkeshiinyan. Gii-wiindamaage a'aw waawaashkeshiinh gaa-onji-maajaawaad gii-mino-doodaagosinig anishinaaben. Geget ogii-andodamawaan iniw Ogimaawi-waawaashkeshiinyan da-azhe-giiwenid.

Ogii-wiindamawaan ge-izhi-azhe-giiwed da-gikinoo'amawaad wiijanishinaaben da-gwayako-bimaadizinid. Ogii-apiitenimaawaan iniw anishinaaben epiichi-bagidinamawaad wiijanishinaabeni. Gii-tebwetaadiwag inaakonigewaad da-azhe-giiwewaad. Yo'ow izhichiged, gii-azhe-giiwewan owiiyawing ojichaagwanan. Zhayegwa gii-pi-azhe-giiwewan waawaashkeshiinyan gii-koshkozid.

Gaa-ako-inakamigak ani-maajaawag waawaashkeshiinyag endaso-gikinoonowining ani-ishkwaa-agoojinid aniw Manoominike-giizis(oon) da-dazhimaawaad iniw gaayosenijin gaa-manaaji'igowaajin miinawaa gaa-manaaji'igosiwaanijin. Gaa-manaaji'aajig apane oga-mikawaawaan waawaashkeshiinyan miinawaa da-minosewag.

(Res. No. 15-94; Res. No. 15-62.)

Prior Codifications

§CSV.1.6.010 was formerly codified as VI LCOTCL §1.601

Editor's Notes

Big Game Tradition and Custom

There once was an Indian village by a wild rice lake that did not want for anything. The people there only took what they needed and always had feasts to give thanks.

As time went on, though, the people began to forget their traditions. Soon, the fish were not as abundant and their gardens were not as fruitful. Then, the deer disappeared, and the people began to starve.

A man sat down and began to think about what went wrong. He saw that the ravens and crows were leaving and thought that they were leading the deer away. So, the man began to fast and follow the ravens and crows north.

The further he traveled, his body got weaker. Finally, he fell over and lost consciousness, but his soul continued the journey northward, with the clan spirits watching over it. He came across a forest where the ravens and crows had gathered.

He asked them, "Why did you take the deer from us? We rely on them for our food and clothing." The ravens replied: "No, it was not us. We rely on the deer for our lives, so we followed the deer when they left. You were wasteful. You owe the deer people an apology, so we will let you through."

The man continued on and came upon deer in a field. He approached the Boss Deer and began to cry. The Boss Deer told him that it was man's fault that the deer had left. The man begged the Boss Deer to come back to his people.

He promised to go back to his people and teach them to correct their ways. The deer were so moved by the man's sacrifice for his people, they agreed to come back. With this promise, the man's soul returned to his body and when he awoke, the deer had come back.

From then on though, the deer will disappear every year at the end of August in order to discuss which Indian hunters have respected their ways and which have not. Those who have will always find deer and prosper.

CSV.1.6.020 Open and Closed Season

(a) A closed season is hereby established for the hunting of deer except for the open season specified in Section CSV.1.6.060 of this ordinance.

(b) Except as otherwise expressly provided by this ordinance, no member or duly authorized non-member shall hunt deer 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 the closed season.

CSV.1.6.030 Number of Deer Available for Harvest

There shall be no limits on the harvest of deer during the open season, except the Tribal Governing Board reserves the right to impose limits that the tribal conservation department determines is in the best interest of the Tribe to do so.

CSV.1.6.040 Deer Hunting Permits

No member or duly authorized non-member shall hunt deer pursuant to this subchapter without possessing a valid deer hunting permit approved by the Tribal Governing Board which may incorporate such other terms and conditions as the tribal conservation department deems necessary or appropriate. Such a permit may be the member's tribal identification card required by Section CSV.1.3.030(c) of this ordinance.

CSV.1.6.050 Deer Harvest Information

(a) No member or duly authorized non-member who has killed a deer pursuant to this ordinance, shall fail or refuse to provide a harvest report, data, or such other relevant harvest information, as may be requested by a tribal conservation warden, tribal law enforcement officer or the tribal conservation department.

(b) No member or duly authorized non-member shall provide information to a tribal conservation warden, tribal law enforcement officer or the tribal conservation department which the member or duly authorized non-member knows, or has reason to know, is false or misleading.

CSV.1.6.060 Deer Seasons; Specific Regulations

Upon the determination of the tribal conservation department and the corresponding approval of the Tribal Governing Board, the deer hunting season may be changed if it is in the best interest of the Tribe to do so. All dates given in this section are inclusive:

(a) Closed Season for Deer Hunting. Except as provided in Section CSV.1.6.060(c), no member or duly authorized non-member shall hunt deer from the first Monday following New Year's Day to the first Sunday following July 4th.

(b) Open Season. The firearm, bow and crossbow deer hunting season begins on the first Monday following July 4th and ending on the first Sunday following New Year's Day or as otherwise provided by Tribal Governing Board.

(c) Permit Only Season. No member or duly authorized non-member shall hunt deer from June 1^st through the first Sunday following July 4th without a permit. Permits will only be issued for yearlings and bucks upon a showing of extreme need pursuant to Section CSV.1.1.100 of this ordinance.

(d) Tradition and Custom. Notwithstanding any other provision of this section, nothing in this section shall be construed to infringe upon the issuance of a permit according to the traditions and custom of the Tribe pursuant to Section CSV.1.1.090 of this ordinance.

(e) Emergency Closure. Notwithstanding any other provision of this section, nothing in this section shall be construed to authorize deer hunting or the opening of a deer hunting season contrary to an Emergency Closure Order issued pursuant to Section CSV.1.3.300 of this ordinance.

CSV.1.6.070 Permissible Methods

No member or duly authorized non-member shall hunt deer except by the use of any firearm, bow or crossbow, the use of which is not prohibited by this ordinance.

CSV.1.6.080 Firearms Restrictions

No member or duly authorized non-member shall hunt deer by the use of any firearm, except as authorized pursuant to Section CSV.1.3.210(c)(1) of this ordinance.

CSV.1.6.090 Bow/Crossbow Restrictions

No member or duly authorized non-member shall hunt deer by the use of any bow or crossbow, except as authorized pursuant to Section CSV.1.3.210(c)(2) of this ordinance.

CSV.1.6.100 Group Deer Hunting

Pursuant to Section CSV.1.3.290 of this ordinance, no member or duly authorized non-member shall hunt deer as a member of a group deer hunting when a member of the party is an unauthorized non-member.

CSV.1.6.110 Hunting Hours

There shall be no limits on deer hunting hours during the open season, except the Tribal Governing Board reserves the right to impose limits or site specific hunting hours that the tribal conservation department determines is the best interest of the Tribe to do so.

CSV.1.6.120 Transportation

Except when a deer is being transported between the exterior boundaries of the Lac Courte Oreilles Reservation and off-reservation lands under the jurisdiction and purview of the Lac Courte Oreilles Tribe, no member or duly authorized non-member shall transport deer off-reservation without a transportation tag pursuant to Section CSV.1.3.120 of this ordinance.

CSV.1.6.130 Hunting Within Restricted Tribal Areas Prohibited

Pursuant to Section CSV.1.3.210(a) of this ordinance, no member or duly authorized non-member shall hunt deer within restricted areas.

CSV.1.6.140 Hunting on Non-Member Fee Lands Prohibited

Pursuant to Section CSV.1.3.020 of this ordinance, no member or duly authorized non-member shall hunt deer on any non-member fee land except where the non-member land owner has consented to tribal hunting.

CSV.1.6.150 Sale of Deer and Deer Parts

(a) Head, Skin and Hooves. Nothing in this ordinance shall be construed to prohibit any member or duly authorized non-member from selling to any person the head, skin and hooves, when severed from the rest of the carcass, of any deer lawfully killed pursuant to this ordinance.

(b) Meat. Pursuant to Section CSV.1.3.260 of this ordinance, no member or duly authorized non-member shall sell meat from deer harvested pursuant to this ordinance except for subsistence uses as defined in Section CSV.1.2.010(sss) of this ordinance.

CSV.1.6.160 Deer Shining / Night Hunting

Pursuant to Section CSV.1.3.150 of this ordinance, the use of artificial light for deer hunting is permitted, provided it is not within a safety zone as defined in Section CSV.1.2.010(hhh) of this ordinance. Member and duly authorized non-member compliance with the use of a safe zone of fire as defined in Section CSV.1.2.010(ggg) of this ordinance and an adequate backstop as defined in Section CSV.1.2.010(a) of this ordinance shall be considered safe hunting, otherwise no member or duly authorized non-member shall hunt and shine deer in such a manner so as to put human lives in danger, and a member or duly authorized non-member must take reasonable precautions to refrain from hunting dangerously.

CSV.1.6.170 Authorization for Closure

Pursuant to Section CSV.1.3.300 of this ordinance, the Director of the tribal conservation department is thereby delegated the authority to close any area to deer hunting prior to the season's closing date, generally or with respect to a particular location, whenever in his or her professional opinion and judgment the continuation of the harvest is likely to result in a harvest exceeding the Tribe's harvest goals or may otherwise cause biological harm to the tribal deer population.

CSV.1.6.180 Prohibited Animals

No member or non-member shall hunt elk, moose, or cougars within the exterior boundaries of the Lac Courte Oreilles Reservation or the off-reservation lands under the jurisdiction and purview of the Lac Courte Oreilles Tribe. Pursuant to Section CSV.1.7.020 of this ordinance, there shall be no general hunting of bears.

CSV.1.6.190 Trapping Big Game Prohibited

No member or non-member shall trap or snare big game animals within the exterior boundaries of the Lac Courte Oreilles Reservation or the off-reservation lands under the jurisdiction and purview of the Lac Courte Oreilles Tribe.

CSV.1.6.200 Use of Dogs in Hunting Big Game

(a) No member or non-member shall hunt deer, elk or moose with the use of dogs within the exterior boundaries of the Lac Courte Oreilles Reservation or the off-reservation lands under the jurisdiction and purview of the Lac Courte Oreilles Tribe.

(b) A member or duly authorized non-member may use leashed dogs to track wounded game.

CSV.1.6.210 Assistance by Non-Members

No person who is not a member or a duly authorized non-member shall assist a member in the hunting of deer pursuant to this ordinance except as provided Section CSV.1.3.290 of this ordinance.

Subchapter CSV.1.7 Bear Harvesting Regulations

CSV.1.7.010 Makwag Gidizhitwaawininaan

Chi-apiitenimaawag makwag. Wiinetawaa awesiinyag izhi-niizhoogaadegaabawiwag anishinaabeng.

Makwa oganawendaanan gidakiiminaan, jiibayaki, miinawaa anishinaaben. Odaa-bagidinigoon awiiya wii-nisaad makwan aniw makwa wedoodeminijin. Nisaad gii-ashangeng da-apiitenimaawaad a'aw makwa miinawaa makwa wedoodemijig.

Gii-aabidizi a'aw makwa akina. Gaawiin gegoo ogii-nishiwanaajitoonaawaan: miijim aawan owiiyaas, owiinowin miinawaa odoonagizhiin gii-inaabadadoon da-mashkiikiikeng miinawaa da-omoodayikeng, miinawaa makozidan gii-inaabadadoon midewigaaning.

Makwa wedoodemijig wiinetawaa gii-pagidinaawag da-aabajitoowaad makwa owiiyawini wiiyaas aawanzinook. Oshtigwaanigegan gii-achigaade makomiikanaang Waabanong inaasamising. Inendaagwad yo'ow keyaa wii-izhi-oshki-bimaadizid a'aw makwa.

(Res. No. 15-94; Res. No. 15-62.)

Prior Codifications

§CSV.1.7.010 was formerly codified as VI LCOTCL §1.701

Editor's Notes

Bears Tradition and Custom

Bears are given great respect, as they are the only animal who can stand on two feet, similar to humans.

The bear is the protector of the Earth, Tribe and Burial Grounds. Before taking a bear's life, permission was requested from the Bear Clan. After a bear was killed, a feast was held in honor of the bear and the Bear Clan.

All parts of the bear were used and nothing was wasted: meat for food, fat and entrails for medicine and water containers, and bear paws were used for the fourth degree member of the medicine lodge.

However, only Bear Clan members were allowed to use the non-meat part of the bear. The bear's skull was placed on a bear trail, facing west. It is believed that the bear would then be reborn.

CSV.1.7.020 General Bear Hunting Prohibited

(a) No member or duly authorized non-member shall hunt bears within the exterior boundaries of the Lac Courte Oreilles Reservation or the off-reservation lands under the jurisdiction and purview of the Lac Courte Oreilles Tribe, except upon a showing of extreme need pursuant to Section CSV.1.1.100 of this ordinance.

(b) Notwithstanding any other provision of this section, nothing in this section shall be construed to infringe upon the issuance of permit according to the traditions and custom of the Tribe pursuant to Section CSV.1.1.090 of this ordinance.

Subchapter CSV.1.8 Small Game Harvesting Regulations

CSV.1.8.010 Awesiiensag Gidizhitwaawininaan

Da-ashange anishinaabe nitam nisaad waawaashkeshiinyan. Miinawaa da-ashange nitam nisaad awesiinh egaasaanijin.

Bakaan inaabidizi endaso-awesiinh miinawaa bakaan dibaajimaawag. Waaboozoowayaan gii-inaabadadoon da-aanziyaanikeng. Da-nandagaagwe eta wenda-manezid anishinaabe. Amik gii-wiindamaage ge-inakamigizid giishpin nisigod. Nibiikaang da-apagijigaadewan okanan wii-izhi-aanikie-ozhichigaazod amik.

Da-batayiinowag amikwag yo'ow izhichigenid anishinaaben.

CSV.1.8.020 Open and Closed Season

A closed season is hereby established for the hunting and trapping of small game except for the open season specified in Section CSV.1.8.070 of this ordinance.

CSV.1.8.030 Hunting/Trapping During Closed Season Prohibited

Except as otherwise expressly provided by this ordinance, no member or duly authorized non-member shall hunt or trap small game 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 the closed season.

CSV.1.8.040 Number of Small Game Available for Harvest

There shall be no limits on the harvest of small game during the open season, except the Tribal Governing Board reserves the right to impose limits that the tribal conservation department determines is in the best interest of the Tribe to do so.

CSV.1.8.050 Small Game Harvest Permits

No member or duly authorized non-member shall hunt or trap small game pursuant to this subchapter without possessing a valid small game harvest permit approved by the Tribal Governing Board which may incorporate such other terms and conditions as the tribal conservation department deems necessary or appropriate. Such a permit may be the member's tribal identification card required by Section CSV.1.3.030(c) of this ordinance.

CSV.1.8.060 Small Game Harvest Information

(a) No member or duly authorized non-member who has harvested small game pursuant to this ordinance, shall fail or refuse to provide a harvest report, data, or such other relevant harvest information, as may be requested by a tribal conservation warden, tribal law enforcement officer or the tribal conservation department.

CSV.1.8.070 Small Game Seasons; Specific Regulations

Upon the determination of the tribal conservation department and the corresponding approval of the Tribal Governing Board, the small game harvest season may be changed if it is in the best interest of the Tribe to do so. All dates given in this section are inclusive:

(a) Annual small game trapping seasons for the time period provided in Section CSV.1.8.070(b), and annual small game hunting seasons for the time period provided in Section CSV.1.8.070(c), are hereby established.

(b) For the purposes of small game trapping, the season for all species shall commence on October 1 at 12:00 a.m. and closes on April 30 at 11:59 p.m.

(1) Notwithstanding, the tribal conservation department may restrict the hunting of otter in any way it deems necessary at any time. Restrictions may include but are not limited to specifying the seasons in which hunting is permitted, specifying the gender of an animal to be killed, specifying the number of animals that may be killed, or specifying the location where harvest is permitted.

(d) Notwithstanding any other provision of this section, nothing in this section shall be construed to infringe upon the issuance of a permit according to the traditions and custom of the Tribe pursuant to Section CSV.1.1.090 of this ordinance.

(e) Notwithstanding any other provision of this section, nothing in this section shall be construed to authorize small game harvest or the opening of a small game harvest season contrary to an Emergency Closure Order issued pursuant to Section CSV.1.3.300 of this ordinance.

CSV.1.8.080 Small Game Harvest Hours

There shall be no limits on small game harvest hours during the open season, except the Tribal Governing Board reserves the right to impose limits or site specific harvest hours that the tribal conservation department determines is in the best interest of the Tribe to do so.

CSV.1.8.090 Small Game Harvest Within Restricted Tribal Areas Prohibited

Pursuant to Section CSV.1.3.210(a) of this ordinance, no member or duly authorized non-member shall hunt or trap small game within restricted areas.

CSV.1.8.100 Hunting and Trapping on Non-Member Fee Lands Prohibited

Pursuant to Section CSV.1.3.020 of this ordinance, no member or duly authorized non-member shall hunt or trap small game on any non-member fee land except where the non-member land owner has consented to tribal hunting.

CSV.1.8.110 Small Game Harvesting Prohibited

(a) No member or non-member shall molest or break open the house, lodge hole, nest, burrow, or den of a badger, beaver, mink, or raccoon, whether occupied or not.

(b) No member or non-member shall set a trap on a beaver dam or lodge unless the trap is fully submerged under water.

(c) No member or non-member shall harvest pine martens or wolves within the exterior boundaries of the Lac Courte Oreilles Reservation or the off-reservation lands under the jurisdiction and purview of the Lac Courte Oreilles Tribe, except upon a showing of extreme need pursuant to Section CSV.1.1.100 of this ordinance.

(d) Notwithstanding any other provision of this section, nothing in this section shall be construed to infringe upon the issuance of permit according to the traditions and custom of the Tribe pursuant to Section CSV.1.1.090 of this ordinance.

CSV.1.8.120 Artificial Light or Shining Small Game

Pursuant to Section CSV.1.3.150 of this ordinance, the use of artificial light for small game hunting is permitted, provided it is not within a safety zone as defined in Section CSV.1.2.010(hhh) of this ordinance. Member and duly authorized non-member compliance with the use of a safe zone of fire as defined in Section CSV.1.2.010(ggg) of this ordinance and an adequate backstop as defined in Section CSV.1.2.010(a) of this ordinance shall be considered safe hunting, otherwise no member or duly authorized non-member shall hunt and shine small game in such a manner so as to put human lives in danger, and a member or duly authorized non-member must take reasonable precautions to refrain from hunting dangerously.

CSV.1.8.130 Identification of Traps Required

(a) No member or duly authorized non-member shall trap pursuant to this ordinance without affixing to each trap or snare the user's tribal identification number or tribal trapping identification number.

(b) Any trap or snare which is un-affixed with the user's tribal identification number or tribal trapping identification number, except snares set in accordance with Section CSV.1.8.180(a)(13) of this ordinance, shall be immediately seized and confiscated, and the owner or member using or attending the un-affixed trap shall be subject to citation for a violation of the provisions of Section CSV.1.8.130(a).

CSV.1.8.140 Trap Lines Site Permit Required

(a) No member or duly authorized non-member shall harvest upon a trap line without a trap line site permit valid for a designated trap line or for such other location as established by the tribal conservation department.

(b) The tribal conservation department may issue a trap line site permit to one or more members or duly authorized non-members and may impose such terms and conditions as it deems necessary or appropriate.

(c) No member or duly authorized non-member shall fail to comply with the terms and conditions of a trap line site permit.

CSV.1.8.150 Incidental Take

Any member or duly authorized non-member incidentally taking any animal by trapping except for the open season for that animal shall release the animal if possible. If the animal is not capable of being released, the member or duly authorized non-member must report the incident to the tribal conservation department within 72 hours. The department may require the animal to be turned in within 72 hours after the report is made after which the department may dispose of the animal for charitable or governmental purposes or return the animal to the member or duly authorized non-member at its discretion.

CSV.1.8.160 Transportation

Except when small game is being transported between the exterior boundaries of the Lac Courte Oreilles Reservation and off-reservation lands under the jurisdiction and purview of the Lac Courte Oreilles Tribe, no member or duly authorized non-member shall transport small game off-reservation without a transportation tag pursuant to Section CSV.1.3.120 of this ordinance.

CSV.1.8.170 Specific Trapping Regulations

No member or duly authorized non-member shall:

(a) Set out traps, snares, or restraining snares except during the open season.

(b) Set out bait or scent for attracting furbearing animals except during the open season.

(d) Use water sets except during the open season.

(e) Fail to check all trap, snare, or restraining snare sets and to remove all animals therein at least once every 3-days, except sets placed for weasels consisting of body gripping traps placed entirely in enclosures, with no opening larger than 1 ⅜ inch in diameter, and anchored to an immovable object shall be tended within a 4-day period following the last tending of the set. Any animal captured shall be removed from the set each time the trap is tended.

(f) Set, place, or operate any trap other than a body-gripping or conibear type trap, enclosed trigger trap, snare, restraining snare, steel-jawed trap, or live-trap capable of capturing only one animal in a single setting for the purpose of taking furbearing animals, or a colony trap except for muskrat as follows, except incidentally harvested mink may be retained from a lawfully set colony trap:

(1) The colony trap is not placed within three feet of any culvert.

(2) The colony trap and set does not utilize bait.

(3) The trap is not used in conjunction with any fencing, netting or other material that creates an underwater obstruction designed to force or channel any wild animal into the trap.

(g) Set, place, or operate any body-gripping trap larger than 8" x 8" as measured from the maximum outside points of the effective width and height of the jaws of the trap on dry land or frozen water unless it is four feet (4') or more above ground or placed in a box or similar container with openings restricted to 8" x 8" or less as measured from the maximum outside points of the effective width and height of the container.

(h) Set, place or operate any steel-jawed trap with a spread width of more than 8 inches.

(i) Set, place or operate any steel-jawed trap with teeth except as a water set.

(j) Set, place or operate any body-gripping trap greater than 8" x 8" as measured from the maximum outside points of the effective width and height of the jaws of the trap or 8" in diameter in the following locations:

(1) Within 3 feet of any federal, state or county road right-of-way culvert unless completely submerged in water.

(2) Within 3 feet of any woven or welded wire mesh type fence.

(3) Within 100 yards of any building devoted to human occupancy without the owner's consent.

CSV.1.8.180 Specific Snaring and Restraining Snare Regulations

(a) No member or duly authorized non-member shall trap small game by the use of a snare except in compliance with the following provisions:

(1) Any snare must be anchored so that it may not be dragged.

(2) Any snare must be tagged as in in accordance with Section CSV.1.8.130(a) of this ordinance.

(3) No snare may be spring activated.

(4) Any snare must be set in a manner which prevents an animal from being suspended unless it is attached to a drowning mechanism.

(5) Any upland snare must be removed no later than March 31.

(6) Any water set snare must be removed no later than March 31.

(7) Except as provided in Section CSV.1.8.180(a)(13), any snare must have either a mechanical stop device which will prevent the snare loop size from becoming smaller than 2 ½ inches or a break-away mechanical lock.

(8) Except as provided in Section CSV.1.8.180(a)(13), any snare must have a swivel device on the anchor end.

(9) Except as provided in Section CSV.1.8.180(a)(13), any snare or cable wire may not have a diameter exceeding 1/8 inch.

(10) No upland snare shall be set on a well defined deer trail.

(11) No upland snare shall be set such that the bottom of the loop is more than 6" above the first surface or, when the ground is snow covered, more than 6" above the level of the adjoining trail. The measurement to the adjoining trail is the distance to the first surface beneath the bottom of the set upland snare where the surface is ground, ice, crusted or packed snow or any other hard material.

(12) No upland snare shall be set with a loop size greater than 10" in diameter.

(13) Members and duly authorized non-members may use braided picture wire snares without locks or swivels for the purpose of snaring rabbits or hares.

(b) No member or duly authorized non-member shall trap small game by the use of a restraining snare except in compliance with the following provisions:

(1) No restraining snare may be set, placed or operated for any species other than fox, coyote, and bobcat, except incidentally harvested raccoon may be retained from a lawfully set restraining snare.

(2) No restraining snare may be set out or placed, whether set or sprung, during the closed season. Restraining snares may only be used from October 1 – April 30.

(3) No restraining snare may be staked in a manner that allows the restraint device to reach any part of a fence, rooted woody vegetation greater than ½ inch diameter, or any other immovable object or stake that could cause entanglement.

(4) No restraining snare may be set, placed or operated with the bottom of the set restraint cable loop less than 6 inches or greater than 12 inches above the first surface. The measurement to the surface is the distance to the first surface beneath the bottom of the set cable restraint where the surface is ground, ice, crusted or packed snow or any other hard material.

(5) No restraining snare may be set, place or operate any cable restraining unless the noose cable and noose attachments conform to the following specifications:

(A) Cable length may not exceed 7 feet.

(B) Cable must be galvanized and include a swivel.

(D) Cable must be made of multiple strands of wire, with a diameter of 3/32 inch or larger.

(E) Include a breakaway device or stop rated at 285 pounds or less.

(F) Include a relaxing reverse-bend washer lock with a minimum outside diameter of 1¼ inches.

(G) Include cable stops affixed to the cable to ensure that the portion of the cable, which makes up the noose loop, may not be longer than 38 inches when fully open, or less than 8 inches when fully closed.

CSV.1.8.190 Possession and Sale of Live Small Game Animals

(a) As used in this section, the following terms shall be construed to apply as follows:

(1) "Control temporarily" means to possess a small game animal for a limited period of time for one of the following purposes:

(A) Removal or transportation of a small game animal from one location to a more appropriate location;

(B) Restraint or transportation of a small game animal for treatment or medical care; or

(C) Restraint or transportation of a small game animal for game censuses, surveys or other purposes authorized by the Tribe;

(2) "Possess" means to own, restrain, keep in captivity or transport a small game animal.

(b) Except as otherwise authorized by law or as provided in Section CSV.1.8.190(c) and (4), no member or duly authorized non-member shall possess, or sell or otherwise transfer to any person, any live small game animal and any member or duly authorized non-member who takes any small game animal shall kill the animal when it is taken or shall immediately release the animal.

(c) A member or duly authorized non-member may control temporarily a live small game animal for one of the purposes described in Section CSV.1.8.190(a)(1), but not for the purpose of selling the live animal.

CSV.1.8.200 Shipment of Furs

No member or duly authorized non-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.

CSV.1.8.210 Sale of Small Game Authorized

Nothing in this ordinance 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.

CSV.1.8.220 Authorization for Closure

Pursuant to Section CSV.1.3.300 of this ordinance, the Director of the tribal conservation department is thereby delegated the authority to close any area to the harvesting of any small game species prior to the season's closing date, generally or with respect to a particular location, whenever in his or her professional opinion and judgment the continuation of the harvest is likely to result in a harvest exceeding the Tribe's harvest goals or may otherwise cause biological harm to the population of any small game species.

CSV.1.8.230 Sharing of Equipment/Assisting Tribal Member

No member or duly authorized non-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 except as provided in Section CSV.1.3.290 of this ordinance.

CSV.1.8.240 Wild Turkey Hunting Regulations

(a) Permit Required. No member or duly authorized non-member shall hunt wild turkeys without possessing a valid small game harvest permit approved by the Tribal Governing Board issued pursuant to the provisions of this subchapter. Such a permit may be the member's tribal identification card required by Section CSV.1.3.030(c) of this ordinance.

(b) Season. No member or duly authorized non-member shall harvest any wild turkeys except during the open season which shall be as follows (all dates are inclusive):

(1) Fall Season: Day after Labor Day to December 31.

(2) Spring Season: April 1 to May 31.

(c) Number of Wild Turkeys Available for Harvest. There shall be no limits on the harvest of wild turkeys during the open season, except the Tribal Governing Board reserves the right to impose limits that the tribal conservation department determines is in the best interest of the Tribe to do so.

(d) Bag Limit. None

(e) Methods of Turkey Harvest. No member or duly authorized non-member shall hunt wild turkeys:

(1) By any means other than a .22 caliber rifle, shotgun or muzzle-loading shotgun fired from the shoulder, or a bow and arrow or a crossbow.

(2) With live decoys for the purposes of enticing wild turkeys.

(f) Wild Turkey Harvest Information.

(1) No member or duly authorized non-member who has harvested wild turkeys pursuant to this ordinance, shall fail or refuse to provide a harvest report, data, or such other relevant harvest information, as may be requested by a tribal conservation warden, tribal law enforcement officer or the tribal conservation department.

(2) No member or duly authorized non-member shall provide information to a tribal conservation warden, tribal law enforcement officer or the tribal conservation department which the member or duly authorized non-member knows, or has reason to know, is false or misleading.

(g) Other Restrictions Applicable. While hunting wild turkeys, no member shall fail to comply with the other restrictions applicable to hunting generally or to small game hunting specifically, which are not modified or otherwise affected by the provisions of this section.

(h) Authorization for Closure. Pursuant to Section CSV.1.3.300 of this ordinance, the Director of the tribal conservation department is thereby delegated the authority to close any area to the harvesting of wild turkeys prior to the season's closing date, generally or with respect to a particular location, whenever in his or her professional opinion and judgment the continuation of the harvest is likely to result in a harvest exceeding the Tribe's harvest goals or may otherwise cause biological harm to the tribal wild turkey population.

CSV.1.8.250 Small Game Hunting Caliber Restrictions

(a) 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.

(b) A member may hunt otter, fisher, marten, mink, and muskrat with any firearm .223 caliber or less.

CSV.1.8.260 Use of Dogs in Hunting Small Game Permitted

A member or duly authorized non-member may hunt small game with the use of dogs.

Subchapter CSV.1.9 Fish Harvesting Regulations

CSV.1.9.010 Giigoonhyag Gidizhitwaawininaan

O dash azhigwa gaa-niibiing, dabwa-niibiing mii azhigwa gii-maajaad aw mikwam, mii apii minawaa gii-paa-bazhiba'igewaad imaa zaaga'iganing gii-pagida'waawag, gii-pagida'waawaag gaye. Miinawaa gaa-ondinaawaad niibowa ini giigohnyan gii-pagida'waawaad. Miiwidi igo Misi-zaaga'iganing mii iwidi wenjida aaniish naa chi-zaaga'igan iw gii-pagida'waawaad weweni gii ogii-ozhi'aawaan iniw odasabiiwaan Nashke a'aw Misi-zaaga'iganing anishinabe apane ikido, "Gego daangishinziin imaa gidasab imaa mitakamig, manaaji' aw asab." Mii apane wenji—agoonaawaad weweni miinawaa ge naadasabiiwaad mii go wewiib igo imaa makakong gii-asaawaad iniw odasabiiwan miinawaa ogiigoonhyimiwan wii-paam-odaabaanaasiwaan imaa mitakamigong iniw odasabiiwaan. Noongon dash wiin go Anishinaabe bakaan wenjibaad mii go imaa baam-odaabaanaad akina ingoji imaa miikanaang miinawaa mitakamig iniw odasabiin, baa-o-baapinodawaad iniw odasabiin inow. Mii ge imaa ge-ondinamaang ani-wiisiniyaang o'ow gii-pagidawaawaad.

(Res. No. 15-94; Res. No. 15-62.)

Prior Codifications

§CSV.1.9.010 was formerly codified as VI LCOTCL §1.901

Editor's Notes

Fish Tradition and Custom, Excerpt from Mii-Gaa-Onji-Bapiba'iwed Anishinaabe Mewinzha by Amik (Larry Smallwood) from Dibaajimowinan: Anishinaabe Stories of Culture and Respect, Great Lakes Indian Fish and Wildlife Commission, Odanah, WI: July 2013.

And then in the summertime, before the summer, when the ice would leave, tha'ts when they would go out spearing again on the lake, and they sets nets also. They got a lot of fish from netting. Over in Mille Lacs Lake, over there that is an especially big lake where they set nets. They made their nets carefully. See, the Mille Lacs Anishinaabe always say, "You don't let your net touch the bare ground; treat your net with respect." That's why they always hung up their nets carefully and checked their nets right away, put their nets in a box and also their fish so that they wouldn't drag them on the bare ground. As for today, you see Anishinaabe from different places dragging their nets around on the road and the bare ground, going around disrespecting their nets. It is from there that we get our food from setting nets.

CSV.1.9.020 Open and Closed Season

A closed season is hereby established for fishing except for the open seasons specified in Section CSV.1.9.050 of this ordinance.

CSV.1.9.030 Number of Fish Available for Harvest

There shall be no limits on the harvest of fish during the open season, except the Tribal Governing Board reserves the right to impose limits that the tribal conservation department determines is in the best interest of the Tribe to do so.

CSV.1.9.040 Fishing Permits

No member or duly authorized non-member shall fish pursuant to this subchapter without possessing a valid fishing permit approved by the Tribal Governing Board which may incorporate such other terms and conditions as the tribal conservation department deems necessary or appropriate. Such a permit may be the member's tribal identification card required by Section CSV.1.3.030(c) of this ordinance.

CSV.1.9.050 Seasons, Methods, Bag Limits, and Size Limits; Specific Regulations

Upon the determination of the tribal conservation department and the corresponding approval of the Tribal Governing Board, the fishing season may be changed if it is in the best interest of the Tribe to do so. All dates given in this section are inclusive:

(a) Annual fishing seasons for the time period provided in Section CSV.1.9.050(b), are hereby established.

(b) For the purposes of fishing, the season for all species shall be year around.

(1) Notwithstanding, the tribal conservation department may restrict the fishing of any species in any way it deems necessary at any time. Restrictions may include but are not limited to specifying the open season in which fishing is permitted, specifying the permissible methods by which fishing is permitted, specifying the size limit of a fish that may be harvested, specifying the daily bag limit of fish that may be harvested, or specifying the location where fish harvest may be permitted.

(c) Notwithstanding any other provision of this section, nothing in this section shall be construed to infringe upon the issuance of a permit according to the traditions and custom of the Tribe pursuant to Section CSV.1.1.090 of this ordinance.

(d) Notwithstanding any other provision of this section, nothing in this section shall be construed to authorize small game harvest or the opening of a small game harvest season contrary to an Emergency Closure Order issued pursuant to Section CSV.1.3.300 of this ordinance.

CSV.1.9.060 Spearing Regulated

(a) No member or duly authorized non-member shall use or possess any spear on any body of water unless the member possesses a valid permit authorizing the use of a spear on that body of water. Such a permit may be the member's tribal identification card required by Section CSV.1.3.030(c) of this ordinance.

(b) The Tribal Governing Board reserves the right to impose limits on open water spearing provided that the tribal conservation department determines it is in the best interest of the Tribe to do so, including but not limited to the following:

(1) The establishment of limitations on the open season that exists for walleye, muskellunge, or any other species;

(2) The establishment of limitations on permit duration for the spearing of walleye, muskellunge, or any other species;

(3) The establishment of respective individual harvest limits or daily bag limits for walleye, muskellunge, or any other species for any designated body of water;

(4) The establishment of limitations on the respective number of spearing permits which may be issued at any one time for walleye, muskellunge, or any other species for any designated body of water.

(c) No member or duly authorized non-member shall fish by the use of a spear contrary to the terms and conditions of any spearing permit which has been issued to him or her.

(d) No member or duly authorized non-member shall fish with the use of a spear which does not meet the requirements of required by Section CSV.1.2.010(qqq) of this ordinance [Spear Defined], except that a member may spear panfish with the use of a spear with barbed tines that are smaller than otherwise required.

(e) No member or duly authorized non-member shall share spearing equipment with any person who is not a member as provided in Section CSV.1.3.290 of this ordinance [Permissible Conduct/Assistance by Non-Members].

CSV.1.9.070 Dip Nets, Fyke Nets and Seines Regulated

(a) No member shall use or possess any dip net, fyke net or seine on any body of water unless the member possesses a valid permit authorizing the use of a dip net, fyke net or seine on that body of water. Such a permit may be the member's tribal identification card required by Section CSV.1.3.030(c) of this ordinance.

(b) The Tribal Governing Board reserves the right to impose limits on dip netting, fyke netting or seining provided that the tribal conservation department determines that it is in the best interest of the Tribe to do so, including but not limited to the following:

(1) The establishment of limitations on the open season that exists for walleye, muskellunge, or any other species;

(2) The establishment of limitations on permit duration for the dip netting, fyke netting or seining of walleye, muskellunge, or any other species;

(3) The establishment of respective individual harvest limits or daily bag limits for walleye, muskellunge, or any other species for any designated body of water;

(4) The establishment of limitations on the respective number of dip netting, fyke netting or seining permits which may be issued at any one time for walleye, muskellunge, or any other species for any designated body of water.

(c) No member or duly authorized non-member shall fish by the use of a dip net, fyke net or seine contrary to the terms and conditions of any netting permit which has been issued to him or her.

(d) No member or duly authorized non-member shall fish with the use of a dip net, fyke net or seine which does not meet the requirements of Section CSV.1.2.010(t) of this ordinance [Dip Net Defined], Section CSV.1.2.010(bb) of this ordinance [Fyke Net Defined], or Section CSV.1.2.010(jjj) of this ordinance [Seine Defined].

(e) No member or duly authorized non-member shall share netting equipment with any person who is not a member as provided in Section CSV.1.3.290 of this ordinance [Permissible Conduct/Assistance by Non-Members].

(f) No member or duly authorized non-member shall fish with an unattended dip net, fyke net or seine unless the net is marked with an identification tag issued by the tribal conservation department showing the user's tribal identification number or tribal fishing identification number securely attached to the net.

CSV.1.9.080 Gillnets Regulated

(a) No member shall use or possess any gillnet on any body of water unless the member possesses a valid permit authorizing the use of a gillnet on that body of water. Such a permit may be the member's tribal identification card required by Section CSV.1.3.030(c) of this ordinance.

(b) The Tribal Governing Board reserves the right to impose limits on gillnetting provided that the tribal conservation department determines is in the best interest of the Tribe to do so, including but not limited to the following:

(1) The establishment of limitations on the open season that exists for walleye, muskellunge, or any other species;

(2) The establishment of limitations on permit duration for the gillnetting of walleye, muskellunge, or any other species;

(3) The establishment of respective individual harvest limits or daily bag limits for walleye, muskellunge, or any other species for any designated body of water;

(4) The establishment of limitations on the respective number of gillnetting permits which may be issued at any one time for walleye, muskellunge, or any other species for any designated body of water.

(c) No member or duly authorized non-member shall fish with the use of a gillnet which does not meet the maximum length, depth and bar size of a gillnet as follows:

DATE MAXIMUM ALLOWABLE LENGTH MAXIMUM DEPTH BAR SIZE RANGE

Year Around 100 feet 4 feet 1.50 - 1.75 inches

(d) No member or duly authorized non-member shall fish by the use of a gillnet contrary to the terms and conditions of any netting permit which has been issued to him or her.

(e) No member or duly authorized non-member shall fish with the use of a gillnet which does not meet the requirements of Section CSV.1.2.010(gg) of this ordinance [Gillnet Defined].

(f) No member or duly authorized non-member shall share gillnetting equipment with any person who is not a member as provided in Section CSV.1.3.290 of this ordinance [Permissible Conduct/Assistance by Non-Members].

(g) No member or duly authorized non-member shall fish with any gillnet unless the gillnet is marked in compliance with the following provisions:

(1) Each gillnet shall be marked with marked with flagged buoys or floats on each end.

(2) An identification tag issued by the tribal conservation department showing the user's tribal identification number or tribal fishing identification number securely attached to the topline or floatline on each net.

(h) No member or duly authorized non-member shall set a gillnet in open water with a topline within 3 feet of the water's surface unless the gillnet is buoyed at 100 foot intervals.

(i) No member or duly authorized non-member shall set any gillnet in a manner in an unsafe manner which shall unreasonably expose boaters and other users of the lake to a foreseeable risk of imminent bodily harm or property damage, or contrary to such other restrictions as the Tribal Governing Board may require.

(j) No member or duly authorized non-member shall remove a gillnet from a lake without first removing from the gillnet and returning all crayfish to the water or killing all crayfish entangled in the gillnet.

(k) No member or duly authorized non-member shall fail to lift any gillnet at least two times in each continuous 24 hour period during which the net is set, or more frequently as water temperatures may require so as to avoid the spoilage of any fish taken by the net.

CSV.1.9.090 Setlines and Set or Bank Poles Regulated

(a) No member or duly authorized non-member shall use or possess any setline or set or bank pole on any body of water unless the member possesses a valid permit authorizing the use of a setline or set or bank pole on that body of water. Such a permit may be the member's tribal identification card required by Section CSV.1.3.030(c) of this ordinance.

(b) The Tribal Governing Board reserves the right to impose additional limits on the use or possession of setlines or set or bank poles provided that the tribal conservation department determines is in the best interest of the Tribe to do so. No member or duly authorized non-member shall fish with or set any setline or set or bank pole except in accordance with the following provisions:

(1) A maximum of 50 set or bank poles and 5 setlines may be used in no more than 3 bodies of water at any one time.

(2) Each set or bank pole and each setline shall have attached securely to it an identification tag issued by the tribal conservation department showing the user's tribal identification number or tribal fishing identification number.

(3) Setlines or set or bank poles shall not be equipped with stainless steel hooks.

(4) A set or bank pole may not be equipped with more than one line which shall not have more than 2 hooks.

(5) A setline shall not have more than 10 hooks.

(6) Each set or bank pole and setline shall be lifted and the catch removed at least once each day following the day it was set.

(7) The Tribal Governing Board may impose such other terms and conditions as it deems appropriate or necessary, including such biological monitoring requirements appropriate to the level of harvest activity on any body of water.

(c) No member or duly authorized non-member shall fish by the use of any set or bank pole or setline contrary to the terms and conditions of any netting permit which has been issued to him or her.

(d) No member or duly authorized non-member shall fish with the use of set or bank pole or setline which does not meet the requirements of Section CSV.1.2.010(kkk) of this ordinance [Set or Bank Pole Defined], or Section CSV.1.2.010(lll) of this ordinance [Setline Defined].

(e) No member or duly authorized non-member shall share any set or bank pole or setline with any person who is not a member as provided in Section CSV.1.3.290 of this ordinance [Permissible Conduct/Assistance by Non-Members].

CSV.1.9.100 Designated Landings May Be Required

(a) In issuing spearing or netting permit pursuant to §§ Section CSV.1.9.060, Section CSV.1.9.070 or Section CSV.1.9.080 of this ordinance, the tribal conservation department may require permittees to use only designated landings for entering upon and exiting from a body of water.

(b) When so required, no member or duly authorized non-member shall enter upon or exit from a body of water except at such landings designated by the tribal conservation department pursuant to Section CSV.1.9.100(a).

(c) Notwithstanding the provisions of Section CSV.1.9.100(a) and (2), a member or duly authorized non-member may exit from a body of water at a location other than a designated landing when necessitated by weather conditions, considerations of personal safety or other appropriate circumstances.

CSV.1.9.110 Reporting and Monitoring

(a) No member or duly authorized non-member who has harvested fish pursuant to this ordinance, shall fail or refuse to provide any catch monitoring report, data, or such other relevant harvest information, as may be requested by a tribal conservation warden, tribal law enforcement officer or the tribal conservation department.

CSV.1.9.120 Open Water Hook & Line Fishing Regulated

(a) Except as provided in Section CSV.1.9.090 of this ordinance [Setlines and Set or Bank Poles Regulated], no member or duly authorized non-member shall:

(1) Engage in open water fishing by the use of hook and line with more than twelve (12) lines with a maximum of two hooks or lures per line; or

(2) Engage in open water fishing by use of any unattended hook and line which is physically unattended for a period of more than an one hour, unless the unattended hook and lines are attached to a dock.

(b) Any member or duly authorized non-member engaged in open water fishing by use of any unattended hook and line shall attach to such line an identification tag showing the user's tribal identification number or tribal fishing identification number issued by the tribal conservation department.

(c) Nothing in this ordinance shall be construed to prohibit any member or duly authorized non-member from trolling on any body of water while engaged in open water fishing by the use of hook and line.

CSV.1.9.130 Ice Fishing Regulated

(a) No member or duly authorized non-member shall ice fish by the use of hook and line through a hole larger than 12 inches in diameter.

(b) No member or duly authorized non-member shall ice fish by the use of a spear through a hole larger than 24 inches by 36 inches.

(c) No member or duly authorized non-member shall ice fish with unattended lines except in compliance with the following provisions:

(1) All unattended lines shall have attached a single iron hook with a maximum 1/2 inch point to shank gape or have attached a treble hook;

(2) All unattended lines shall be of biodegradable material and shall be securely anchored so as not to be dislodged by a hooked fish;

(3) All unattended lines shall be tagged with an identification tag showing the user's tribal identification number or tribal fishing identification number issued by the tribal conservation department.

(4) Each unattended line shall be checked at least once every 24 hours unless severe weather conditions render it impractical to do so;

(5) No more than a total of 50 attended or unattended lines shall be used in no more than 3 lakes at any one time; and

(6) All poles used for unattended lines shall be marked so as to be visible to vehicular traffic, and all openings more than twelve inches in diameter or across shall be marked in a manner which identifies them as a hazard when unused.

(d) No member or duly authorized non-member shall ice fish within an ice fishing house or other enclosure, unless the enclosure is equipped with a latch which will permit the door to be readily opened from the outside at all times while the house is occupied.

(e) No member or duly authorized non-member shall place, maintain or use a house or other enclosure for ice fishing on any body of water unless the owner's name and address or tribal identification number or tribal fishing identification number is clearly displayed on the outside of the house. Fishing shelters that are removed from the ice daily or when not occupied or otherwise in use are exempt from this requirement.

(f) No member or duly authorized non-member shall fail to remove an ice fishing house or other enclosure from any body of water on or before March 15 or as otherwise determined by the tribal conservation department except that portable shelters may be used while ice fishing after that date provided the portable shelter is removed daily from the ice.

(g) No member or duly authorized non-member shall share any ice fishing gear, including any spear, with any person who is not a member as provided in Section CSV.1.3.290 of this ordinance [Permissible Conduct/Assistance by Non-Members].

CSV.1.9.140 Incidental Take by Net or Fish Trap

(a) Any member or duly authorized non-member incidentally taking any fish by the use of a net or fish trap shall either:

(1) Return to the water any such fish which appears capable of surviving;

(2) Retain possession of such fish; or

(3) Transfer as soon as practicable possession of such fish to the tribal conservation department or to a person authorized to enforce this ordinance.

(b) Any such fish transferred pursuant to Section CSV.1.9.140(a)(3) shall be disposed of by the tribe for charitable or governmental purposes.

CSV.1.9.150 Live Bait Restrictions

No member or duly authorized non-member shall use as live bait while fishing pursuant to this ordinance: carp, goldfish, redhorse, fresh water drum, burbot, bowfin, garfish, buffalo fish, lamprey, alewife, gizzard shad, smelt, goldeye, mooneye, carpsucker, quillback, crayfish or other non-native or exotic species designated by the tribal conservation department.

CSV.1.9.160 Fishing in Certain Locations Prohibited or Restricted

(a) No member or duly authorized non-member shall fish at any time within 50 yards of a tribal, Commission or Wisconsin Department of Natural Resources assessment net or its leads.

(b) No member or duly authorized non-member shall fail to comply with the closures and other restrictions as established pursuant to Section CSV.1.3.300 of this ordinance [Emergency Closures].

CSV.1.9.170 Bait Dealers Regulated

(a) No member shall set, use or operate any net, trap or other device for taking, catching or killing minnows on any body of water unless the member possesses a valid permit authorizing the use of a net, trap or other device for taking, catching or killing minnows on that body of water. Such a permit may be the member's tribal identification card required by Section CSV.1.3.030(c) of this ordinance.

(b) While netting for minnows by the use of any net authorized by Section CSV.1.9.070 of this ordinance [Dip Nets, Fyke Nets and Seines] or other device, except a trap pursuant to subs (3), no member or duly authorized non-member shall:

(1) Remove or destroy vegetation, logs or habitat features;

(2) Handle, transport or hold minnows except in a manner which will reasonably ensure the minnows will be kept alive and healthy; and

(3) Fail to promptly return unharmed to the water all minnows not kept.

(1) Remove or destroy vegetation, logs or habitat features;

(2) Handle, transport or hold minnows except in a manner which will reasonably ensure the minnows will be kept alive and healthy;

(3) Fail to promptly return unharmed to the water all minnows not kept.

(4) NR 20.14(4)Set, use or operate minnow traps unless an identification tag showing the user's tribal identification number or tribal fishing identification number issued by the tribal conservation department is securely attached;

NR 20.14(5)

(5) Set, use or operate minnow traps unless they are raised and the minnows are removed from them at least once every 48 hours from all waters;

NR 20.14(6)

(d) The Tribal Governing Board reserves the right to impose limits on the use of any net, trap or other device for taking, catching or killing minnows provided that the tribal conservation department determines is in the best interest of the Tribe to do so.

(e) The tribal conservation department may impose such other terms and conditions as it deems appropriate or necessary, including biological monitoring requirements appropriate to the level of harvest activity on any body of water.

(f) Nothing in this ordinance shall be construed to prohibit a member from selling to any person minnows lawfully taken pursuant to this section.

CSV.1.9.180 Sale of Game Fish Regulated

Pursuant to Section CSV.1.3.260 of this ordinance, no member or duly authorized non-member shall sell meat from any game fish harvested pursuant to this ordinance except for subsistence uses as defined in Section CSV.1.2.010(sss) of this ordinance.

CSV.1.9.190 Harvest of Spawn and Introduction of Fish Regulated

(a) No member or duly authorized non-member shall stock, introduce, place, transfer or otherwise release any fish or any spawn of any fish into any body of water, except for returning or releasing a fish into a body of water from which it came.

(b)(1) Except in accordance with the provisions of Section CSV.1.9.190(b)(2), no member shall harvest the spawn of any fish unless the carcass of the fish is legally harvested pursuant to this ordinance.

(2)(A) The tribal conservation department may issue a permit to a member or duly authorized non-member for harvesting only the spawn of any fish without harvesting the carcass of the fish upon such terms and conditions as it deems necessary or appropriate.

(B) No member shall fail to comply with the terms and conditions of any permit issued pursuant to this section.

(c) Nothing in this section shall preclude the Tribe, tribal conservation department or the Commission's Biological Services Division, or their employees or agents, from stocking fish in any body of water pursuant to a management plan.

CSV.1.9.200 Authorization for Closure

Pursuant to Section CSV.1.3.300 of this ordinance, the Director of the tribal conservation department is thereby delegated the authority to close any body of water to fishing for any species, generally or with respect to a particular location, whenever in his or her professional opinion and judgment the continuation of the harvest is likely to result in a harvest exceeding the Tribe's harvest goals or may otherwise cause biological harm to the tribal fish population.

Subchapter CSV.1.10 Migratory Bird Harvesting Regulations

CSV.1.10.010 Bimisemagak Gidizhitwaawininaan

Binesiwiwag migiziwag. Animiikaa miinaawaa waasamoowin odinaabishkamawaawaan. Manidoog odooshkaabewisimiwaan aawiwan. Obimoomaawaan Anishinaaben begosenjigenid. Giganawenigoonaanig migizigwanag. Odinaabishkamawaan migiziwan miinawaa gidizhitwaawininaan ongow migizigwanag.

CSV.1.10.020 Open and Closed Season

(a) For the purposes of migratory bird harvesting, the season for all species shall be year around.

(1) Notwithstanding, the Tribal Governing Board reserves the right to establish a closed season for the hunting of migratory birds in any way it deems necessary at any time.

(b) Except as otherwise expressly provided by this ordinance, no member or duly authorized non-member shall take any migratory bird 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.

CSV.1.10.030 Number of Migratory Birds Available for Harvest

(a) There shall be no limits on the harvest of migratory birds.

(1) Notwithstanding, the Tribal Governing Board reserves the right to restrict the harvest of migratory birds in any way it deems necessary at any time. Restrictions may include but are not limited to specifying species specific daily bag limits and/or aggregate daily bag limits, specifying possession limits, or specifying the location where harvest is permitted.

CSV.1.10.040 Daily Bag Limits and Possession Limits

(a) No member or duly authorized non-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, whenever such limits apply as established by the Tribal Governing Board.

(b) No member or duly authorized non-member shall possess 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 in excess of the possession limits for that species, whenever such limits apply as established by the Tribal Governing Board.

(c) For purposes of enforcing bag and possession limits under this subchapter, all migratory birds in a member's possession or custody 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 will be considered to have been taken on those lands, unless tagged by a tribal, Commission or state conservation warden as taken off-reservation in the ceded territory. No migratory bird falling on ceded territory lands will be counted as part of an on-reservation bag or possession limit.

CSV.1.10.050 Migratory Bird Harvesting Permits

No member or duly authorized non-member shall harvest migratory birds pursuant to this subchapter without possessing a valid migratory bird harvesting permit approved by the Tribal Governing Board which may incorporate such other terms and conditions as the tribal conservation department deems necessary or appropriate. Such a permit may be the member's tribal identification card required by Section CSV.1.3.030(c) of this ordinance.

CSV.1.10.060 Migratory Bird Harvest Information

(a) No member or duly authorized non-member who has harvested a migratory bird pursuant to this ordinance, shall fail or refuse to provide a harvest report, data, or such other relevant harvest information, as may be requested by a tribal conservation warden, tribal law enforcement officer or the tribal conservation department.

CSV.1.10.070 Methods

(a) No member or duly authorized non-member shall take migratory birds:

(1) With a rifle, pistol, swivel gun, shotgun larger than 10 gauge, punt gun, machine gun, fish hook, poison, drug, explosive, or stupefying substance;

(2) From or by any 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;

(3) From or by any means, aid, or use of an aircraft of any kind;

(4) 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, crippled or captured birds; however, crippled or captured birds may not be shot from such craft under power;

(5) By the use or aid of live birds as decoys; although not limited to, it shall be a violation of this section for any person 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 ten (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;

CSV.1.10.080 Shooting Hours

There shall be no limits on migratory bird hunting hours during the open season, except the Tribal Governing Board reserves the right to impose limits or site specific hunting hours that the tribal conservation department determines is the best interest of the Tribe to do so.

CSV.1.10.090 Migratory Bird Shining / Night Hunting

Pursuant to Section CSV.1.3.150 of this ordinance, the use of artificial light for migratory bird hunting is permitted, provided it is not within a safety zone as defined in Section CSV.1.2.010(hhh) of this ordinance. Member and duly authorized non-member compliance with the use of a safe zone of fire as defined in Section CSV.1.2.010(ggg) of this ordinance and an adequate backstop as defined in Section CSV.1.2.010(a) of this ordinance shall be considered safe hunting, otherwise no member or duly authorized non-member shall hunt and shine migratory birds in such a manner so as to put human lives in danger, and a member or duly authorized non-member must take reasonable precautions to refrain from hunting dangerously.

CSV.1.10.100 Hunting Within Restricted Tribal Areas Prohibited

Pursuant to Section CSV.1.3.210(a) of this ordinance, no member or duly authorized non-member shall hunt migratory birds within restricted areas.

CSV.1.10.110 Hunting on Non-Member Fee Lands Prohibited

Pursuant to Section CSV.1.3.020 of this ordinance, no member or duly authorized non-member shall hunt migratory birds on any non-member fee land except where the non-member land owner has consented to tribal hunting.

CSV.1.10.120 Wanton Waste of Migratory Birds

No member or duly authorized non-member shall kill or cripple any migratory bird pursuant to this subchapter 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:

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

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

(d) A post office; or

(e) A common carrier facility.

CSV.1.10.130 Structures

No member or duly authorized non-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.

CSV.1.10.140 Migratory Bird Blinds Regulated

A member or duly authorized non-member may hunt from a migratory bird blind, subject to the following provisions:

(a) No member or duly authorized non-member shall leave any migratory bird blind unoccupied unless such blind is affixed with the user's tribal identification number or tribal hunting identification number, attached to the blind in a manner so it is clearly visible to a person.

(b) No member or duly authorized non-member shall prohibit any person from using a migratory bird blind that is not occupied and being used by the member or duly authorized non-member, except that the member or duly authorized non-member retains the authority to remove and relocate their migratory bird blind at any time. No member or duly authorized non-member shall prevent the owner of a migratory bird blind from removing their blind. A blind placed on tribal lands does not reserve that location for the exclusive use of the member or duly authorized non-member whom placed the blind.

(d) Any unoccupied migratory bird blind which is untagged shall be immediately seized and confiscated, and the owner shall be subject to citation for a violation of the provisions of Section CSV.1.10.140(b).

CSV.1.10.150 Nests and Eggs

(a) No member or duly authorized non-member shall harvest, take, needlessly destroy or possess the nest or eggs of any wild bird for which a closed season is established by this ordinance unless the member or duly authorized non-member possesses a valid permit issued by the Tribal Governing Board which authorizes the activity in question.

(b) In issuing a permit pursuant to this section, the Tribal Governing Board may impose such conditions and requirements as it deems appropriate or necessary.

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.

CSV.1.10.170 Transportation 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, transport any migratory bird of part thereof, taken in violation of any provision of §§ Section CSV.1.10.070 - Section CSV.1.10.140 of this ordinance.

(b) Transportation of birds of another. No member or duly authorized non-member shall transport any migratory bird belonging to another person unless such bird is tagged as required by Section CSV.1.10.160(f) of this ordinance.

(c) Species identification requirement. No member or duly authorized non-member shall transport within the United States any migratory birds, except doves and band-tailed pigeons (Columba fasciata) or in accordance with Section CSV.1.10.230 [Traditional and Cultural Use Permits/Registration] of this ordinance, unless the head or one fully feathered wing remains attached to each such 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 Section CSV.1.2.010(qq) of this ordinance.

(d) Marking package or container. No member or duly authorized non-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.

(e) Except when a migratory bird is being transported between the exterior boundaries of the Lac Courte Oreilles Reservation and off-reservation lands under the jurisdiction and purview of the Lac Courte Oreilles Tribe, no member or duly authorized non-member shall transport migratory birds off-reservation without a transportation tag pursuant to Section CSV.1.3.120 of this ordinance.

CSV.1.10.180 Exportation 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, export or cause to be exported, any migratory bird or part thereof, taken in violation of any provision of §§ Section CSV.1.10.070 - Section CSV.1.10.140 of this ordinance.

(b) Species identification requirement. No member or duly authorized non-member shall export migratory birds unless 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.

(c) Marking package or container. No member or duly authorized non-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.

CSV.1.10.190 Authorization for Closure

Pursuant to Section CSV.1.3.300 of this ordinance, the Director of the tribal conservation department is thereby delegated the authority to close any area to migratory bird harvesting prior to the season's closing date, generally or with respect to a particular location, whenever in his or her professional opinion and judgment the continuation of the harvest is likely to result in a harvest exceeding the Tribe's harvest goals or may otherwise cause biological harm to the tribal migratory bird population.

CSV.1.10.200 Assistance by Non-Members

No person who is not a member or a duly authorized non-member shall assist a member in the harvesting of migratory birds pursuant to this ordinance except as provided Section CSV.1.3.290 of this ordinance.

CSV.1.10.210 Sale of Migratory Birds Parts Regulated

(a) Pursuant to Section CSV.1.3.260 of this ordinance, no member or duly authorized non-member shall sell meat from any migratory bird harvested pursuant to this ordinance except for subsistence uses as defined in Section CSV.1.2.010(sss) of this ordinance.

(b) A member or duly authorized non-member may use the feathers of migratory birds (except eagles) lawfully harvested or collected under this ordinance for subsistence uses, including the making and selling of handicraft articles as defined Section CSV.1.2.010(sss)(2) of this ordinance subject to the following:

(1) No member or duly authorized non-member shall transfer the feathers of migratory birds lawfully harvested or gathered under this ordinance for subsistence uses, unless a copy of the permit authorizing possession of the migratory bird, feathers or parts thereof is transferred with the migratory bird with the following signed statement written on the permit:

(A) The following migratory bird (description of migratory bird species and whether bird, feathers, or parts) was transferred to (name of recipient) for subsistence uses on (date).

(c) Nothing in this ordinance shall be construed to prohibit a member or duly authorized non-member from selling the feathers of migratory waterfowl (ducks, geese, brant and swans) lawfully harvested pursuant to this ordinance for the making of fishing flies, bed pillows, and mattresses, and for similar commercial uses except that:

(1) No member or duly authorized non-member shall purchase or sell, or offer to purchase or sell, for millinery or ornamental use the feathers of 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 (except as provided in Section CSV.1.10.210(b)); and

(2) No member or duly authorized non-member shall purchase or sell, or offer to purchase or sell, mounted specimens of 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.

CSV.1.10.220 Prohibited Take of Raptors, Eagles, or Other Protected Species

No member or non-member shall take, as defined Section CSV.1.2.010(vvv) of this ordinance, any raptor, golden or bald eagle, owl, falcon or other protected migratory birds species, as defined Section CSV.1.3.280 of this ordinance, or its nest or eggs thereof within the exterior boundaries of the Lac Courte Oreilles Reservation or the off-reservation lands under the jurisdiction and purview of the Lac Courte Oreilles Tribe.

CSV.1.10.230 Traditional and Cultural Use Permits/Registration

(a) Tribal Identification Card as Migratory Bird Gathering Permit Authorized. No member or duly authorized non-member shall collect, as defined Section CSV.1.2.010(j) of this ordinance, any migratory bird without possessing a valid migratory bird collecting permit approved by the Tribe. Such a permit may be the member's tribal identification card required by Section CSV.1.3.030(c) of this ordinance.

(b) Traditional and Cultural Use Registration. A member or duly authorized non-member collecting a migratory bird pursuant to this ordinance shall register the migratory bird with the tribal registration station no later than 5:00 p.m. of the third working day after the migratory bird was collected, provided as follows:

(1) No member or duly authorized non-member shall fail to present the migratory bird carcass, feathers or parts of any collected migratory bird to the tribal conservation department when requested.

(c) Traditional and Cultural Use Registration Information. A member or duly authorized non-member registering a migratory bird shall provide the registering official with the following information: the species of the migratory bird collected, the location where the migratory bird was collected, the date when the migratory bird was collected, the user's tribal identification number or tribal hunting identification number, and any other relevant information requested by the registering official.

(d) False or Misleading Information Prohibited. No member or duly authorized non-member shall provide information to the registering official which the member knows, or has reason to know, is false or misleading.

(e) Registration by Tribal Conservation Warden or Officers Authorized. Any wardens of the tribal conservation department or officers of the tribal law enforcement department authorized pursuant to Section CSV.1.4.020 of this ordinance to enforce the provisions of this ordinance are authorized to register collected migratory birds in the field provided such warden or officer transmits all registering information to a tribal registration station no later than the registration deadline established by subs. (2), above.

(f) Traditional and Cultural Use Permit. Upon registration, the Tribal Governing Board or the tribal conservation department shall provide the member or duly authorized non-member with a traditional and cultural use permit authorizing possession of the migratory bird, feathers or parts thereof for religious, ceremonial, and cultural purposes in accordance with the traditions and customs of the Tribe.

(g) Temporary Possession by a Custodian. 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 a copy of the permit authorizing possession of the migratory bird, feathers or parts thereof is in the possession of the temporary custodian with the following signed statement written on the permit:

(1) The following migratory bird (description of migratory bird species and whether bird, feathers, or parts) was provided to (name of recipient) as a temporary custodian on (date).

(h) Termination of Possession. Subject to all other requirements of this chapter, the possession of any migratory bird collected by any member or duly authorized non-member shall be deemed to have ceased when such bird has been given to the Tribe, Commission or has been delivered by him or her to another person as a gift.

(i) Gift of Migratory Bird. No member or duly authorized non-member shall receive, possess, or give to another, any collected migratory birds as a gift, unless a copy of the permit authorizing possession of the migratory bird, feathers or parts thereof is transferred with the migratory bird with the following signed statement written on the permit:

(1) The following migratory bird (description of migratory bird species and whether bird, feathers, or parts) was gifted to (name of recipient) on (date).

(j) Failure to Comply with Permit Terms and Conditions. No member or duly authorized non-member shall fail to comply with the terms and conditions of a permit issued pursuant to this section.

Subchapter CSV.1.11 Timber Harvesting Regulations

CSV.1.11.010 Background and Purpose

It is the policy of the Tribal Governing Board to allow members to bid exclusively on timber sales involving approximately 250 acres of trust land. Since the adoption of this policy, members have raised concerns about the potential of abuse of this benefit if a member bid on a sale in name only and if awarded, would not be significantly involved in other aspects of the timber sale.

The purpose of this ordinance is to deter and eliminate members from bidding on sales in name only. It is in the best interest of members to be directly involved in timber sales so that they benefit the most financially from timber sales.

MEMBERS FRONTING FOR NON-INDIAN PERSONS OR COMPANIES OR NON-LCO TRIBAL MEMBERS FOR THE PURPOSE OF OBTAINING A TIMBER SALE CONTRACT WILL NOT BE TOLERATED. THE LCO TRIBAL MEMBER MUST HAVE SUBSTANTIAL CONTROL OF THE OPERATION.

This ordinance supersedes, rescinds and takes precedence over any and all previous Timber Harvesting Policies that address member timber sales which may have been adopted by tribal entities, agencies, committees or by the Tribal Governing Board.

This ordinance shall remain in effect until reviewed and/or revised at the discretion of the Tribal Governing Board.

CSV.1.11.020 Coverage and Scope

(a) This ordinance applies to all member/BIA Timber Sales, except for emergency situations.

(b) Certain federal laws, including 25 CFR § 163 (entitled "General Forestry Regulations"), may supersede or contain provisions that are inconsistent with this ordinance. If the federal law/contract/grant provisions are mandatory, those provisions shall control and the remaining portions of this ordinance shall be adhered to.

CSV.1.11.030 Procedure

(a) When a member is interested in bidding on a timber sale, they must first come into the tribal forestry department and sign the Timber Harvesting Policy acknowledgement statement.

(b) This statement will be explained to them by a representative in the tribal forestry department or the BIA forestry office.

(d) The member needs to show that the money used for their performance bond and advance stumpage is in fact their money.

(e) If a member bids on a timber sale on behalf of a company, the member must show proof that they own 50% of more of the company.

CSV.1.11.040 Enforcement

(a) If a violation of this ordinance is reported or suspected, the tribal forestry department must investigate and report to the Tribal Governing Board.

(b) The Tribal Governing Board must decide whether or not to request suspension or revocation of a timber sale contract pursuant to the contract terms, specifically Standard Provisions 2.6 and 2.7.

(c) More than one violation of this ordinance may result in an individual being barred from bidding on member timber sales.

(d) Any Timber Contract that is entered into by the Tribe and a member shall be amended to reflect the adoption of this ordinance.

CSV.1.11.050 Compliance

The tribal forestry department and the Tribal Governing Board are bound by this ordinance and shall fully comply with all its terms. The tribal forestry department shall not take any action to avoid being subject to and enforce this ordinance.

CSV.1.11.060 Effective Date/Severability

(a) The provisions of this ordinance shall take effect after the Tribal Governing Board, by Resolution, adopts this ordinance and the Bureau of Indian Affairs revises the Timber Contract that shall apply to tribal member timber sales to include the following:

The purchaser is required to comply with the Lac Courte Oreilles Timber Harvesting Policy during the life of this contract. If during the life of this contract it is determined by the Lac Courte Oreilles Tribe that the Purchaser is not in compliance, the superintendent may suspend operations until there is satisfactory compliance. Continued failure to comply may result in revocation of the contract as per Standard Provision 2.6. The Purchaser shall be liable for all damages from the breach of contracting as per Standard Provision 2.7.

(b) If any provision of this ordinance is ruled illegal by a court of competent jurisdiction, the remaining provisions of this ordinance shall remain unaffected.

CSV.1.11.070 Right of Appeal

If the tribal forestry department deems a member ineligible for a timber sale because it would not be in compliance with this ordinance, that member may appeal the decision to the Tribal Governing Board. It must take an action by the Tribal Governing Board to override the decision of the tribal forestry department.

Subchapter CSV.1.12 Miscellaneous Forest Product Harvesting Regulations

CSV.1.12.010 Mitigoog Gidizhitwaawininaan

A'awe aya'aa zhingobiiwaatik, sesegaandag gaay-izhinikaaazot…Aya'ii tagiin omaa akawe niwii-tazhindaan. Ogowe mitigoog gaa-waabamangwaa omaa noopiming gakina Anishinaabewinikaazowag ogowe mitigoog. Gakina wiinzowag, gakina ogii-wiinaa' awe Nanabosh omaa gii-ozhitoot iy aki. Mii giin ge-izhinikaazoyin, mii iye gaa-inaad. Mii dash owe gaa-onji-wiindamaawagwaa-ko awiiyag. Aapiji gichi-apiitendaagwat owe wiinzowin awiiya gii ayaat. Mii iwe ge-giinawind gaa-onji-Anishinaabewinikaazoyang. Gigii-miinigonaan awe. Manidoo gigii-miinigonaan inowen wiinzowinan gaa-bimiwidamaageyang. Mii dash owe gaa onji-gichi-apiitendaakogin. Mii omaa ge-onji-mino-bimaadizid awiiya weweni kanawendang awiiya owe wiinzowin. Mii niin, mii niin ako gaa-izhit awe nookomisiban. Nashke naanaagadawenimadwaa igiwe mitigook gakina. Anishinaabewinikaazowag. Mii dash ge-giin gaa-onji-anishinaabewinikaazoyan mii, mii iye gaa-izhit aw nookomisban.

Mii dash iwe gaa-izhichiget owe Nanabozhoo, gakina ogii-wiinaa' iwe mitigoo'. Mii awe zesegaandag gaa-inind. Niibiyo gegoo inaabadizi awe zesegaandag. Miidog igo gaye wiin gaa izhi-gagwejimind "Aaniin giin waa-izhichigeyan wii'wiiji`at awe, Anishinaabe gaa-wii tagoshing. "Oh niibiiyo go gegoo ninga-inaabaji'ig" gii-ikido "booshke go ingoding oga mashkikikaagenan inowe, owe nimitigom, owe ge shingop. "Spruce" iidog izhinikaazo, zhaaganaashiiwag wemitigoozhiwag ezhinikaanaawaat. Iwe wiin igo geniin ingii-izhi-kikendaan gii.. aazhaa gaa-inaabaji'ag owe zesegaandag. Owe gii-nisind aa mooz. Owe dash eyii, onagish omaa biinjaya'ii gaa-ayaag aa mooz. Mii awe gaa-aabachi'ag sesegaandag ingii-ondaabiishaan i'i. Ingii-aabooda'aan iw onagish. Mii dash omaa ga-izhi-odaabiishamaan ingii-pootawe. Miish dash omaa gaa-izhi-asag aa sesegaandag. Miish dash ogidaandag ga-izhi-odaabiishamaan owe aya'ii mooz onagish. Aapiji minopogwad inakeya'ii gii-izhichigeng.

Mii awe bezhik miinawaa. Giizhikaandak, cedar tree, mii awe iidog aw bezhig ga-kagwejimind. "Aaniin giin waa-izhi-wiiji'at aw Anishinaabe?" odinaan Nanabosh. "Oh niibowa go gegoo inga-izhi-wiiji'aa" ikido iinzan. Nashke owe gii-ayaat, kii-odabinoojiimit a'a, kii odabinoojiimiyaat. "Niin,onowen nimitigooman oga-aabaji'aan ji-ozhitood owe tikinaaagan" gii ikido. "Aapiji dash inga-zhawenimaa aw abinoojiinh. Inga-miinaa ge onowe bawaajiganan minik omaa ge-agwaakwapizod omaa tikinaaganing. Da-bawaajige ge. Aapiji ge oda-minogininiwan onowe opikwan ono sa go ezhi-okaanit apichi oda-minogininiwan owe giishpin aabaji'ind awe akikaandag giishkaandag. Niibiyo sach igo ge gegoo indaa-aan inga-miinag ogowe, ge-onji mashkikiimiyaat onowen, onowen nimitig ezhi-mitigowiyaan. Oshke na awe gii-chiimaanikeng mii owe bezhig ge-ni-aabajitoowaat onowen owe giishka' gii-ozhi'aad awiiya. Booch ge naa ge apakwaanan owe gii-ozhitoowaat awiiya awe waa-dazhi-giizhoozit awiiya gii-biboong". Mii owe a giishkanagek mii iniwen oga-pakweyaat. Miinawaa ogowe a'aag mitigoog oga-ozhitoonaawaan gegoo boosh ke naa iniwe bawa'iganaakoon gii-ikidong. Mii omaa ge onji. "Niibiwa go gegoo inga-izhi-wiiji'aa aw Anishinaabe aaniishinaa inga-zhawenimaa geniin".

Mii sa miinawaa owe akikaandag, oh geniin igo. Okikaandag enind Jack Pine maawiin izhinkaazo awe. "Geniin igo awe indaa-wiiji'aa aw Anishinaabe. Geniin igo indaayaan owe mashkiki ge-aabajitoowaad ogowe Anishinaabe." Baamaa oga-ni-gikendaanaawaa. Aaniin owe ge-naabajitoowaad ge-naabaji'aawaat iniwe owe okiikaandag. Aya'iin igo gegoo bezhig indaa-dibaadodaan. Nashke ogowe a'aag binewag gaa-aya'aag, mishkodese gaa-inindwaa. Mii onowen [akikaandagoog] gii-amoowaat ogowe mishkodesek. Mii dash omaa gaa-onji-tebinaad owe anishinaabe wii-amwaat inowen mishkodeseg gii-ikidong. Aapiji waangawizi aw mishkodese. Anishinaa mii iwe geniin enendamaan ge-zhi-wiichitwaayaan. Mii go bizaan igo ge-izhi-michi-naabigo'oonaawaa owe mishkodese gegoo wiin baabiiginamowaat. "Mii dash owe geniin ge-izhi-wiichi'ag awe aw Anishinaabe."

Ininaandag iidog omaa gii-pi-tagoshin. Mii iitog owe balsam tree gaa-inind. Oh geniin, niibiyo gegoo inga-wiiji'aa. Nashke owe gii-ozhiget aw Anishinaabe. Mii onowen ge-apishamod onowen owe ninzhingobiim mii owe gaa-izhi-apishimod. Nashke-ch ge onowen gaa-ayaagin owe gaa-izhinaagoziyaan owe ii Giishpin baashka'ang awe owe gegoo gii-pikobiit awe mitig. Mii omaa oga-ondinaan omaa gegoo ini mashkiki. Mashkiki omaa oga-ondinaan baamaa ogikendaan aaniin ge-ni-aabajitoot awe mashkiki. Kegoo go owe wenji-izhinaagoziyaan. Owe gii-babiikobiit owe mitik. Niibiyo go gegoo da-inaabadizi. Mii sa iniwen aapiji oga-apishimonikenaawaaa booshke ge aanind oga-aabaji'aawaan owe ezhi-mashkikiwaabooket awiiya. Bijiinag oga-ni-gikendaanaawaa da-ani-bawaajigewag ogowe Anishinaabeg waa-tagoshinowaad.

Mii awe miinawaa bezhig. Biisaandago-shingwaak mii iidog igo awe a white pine, gaa-inind. Gaawin igo aapiji awe gegoo ingii-noondanzii aaniin enaabadizid awe. Aapiji dash a, aapiji dash minokwane awe gii-manisaanind awiiya iniwen biisaandago-shingwaakwan.

Mii awe miinawaa, mii go bezhigon ge awe gii-mashkikiiwit awe mitik. Gakina go ogowe mitigoog gaa-badakizowaat gakina mashkikiwaatigoog igi. Miish sa eta go ji bijiinag awiiyag gegoo gii-ani-gikendang aaniin ge-ni-aabaji'aad aaniin ini mitigoon ge-ni-aabaji'aat. Mii iye niin ko gaa-igowaan ge-waawiindamaagowaan gegoo. Baamaa giga-kikendaan. Nashke ge owe shingwaak gaa-inind. Mii go bezhig ge owe, ngii-waabamaa ko owe. Omisimiiwaat iniwen obiisaga'owaawaan ogo, ogiishgiboonaawaan. Ingii-ayaamin ako gii-odaminwaagemin gii-abinojiiwiyaang owe. Ingii-maaminopinaanaanig ogowe a'aag, ingii-aagimesikemin. Mii iye gaa-izhichigeyang. Aagimesag omaa tibishkoo go gii-odaminot aw abinoojiinh.

Mii awe miinawaa bezhig iidog gaa-ikidod, ge-niin nigoo nimbim-miitoon i'i mashkiki. Baamaa oga-kikendaan aa Anishinaabe gii-ikidogwen. Miinawaa awe wiigwaasaatik, mii owe ge miinawaa bezhik niibiyo gegoo, inaabadizi awe. Niibiyo aapiji gegoo omaa onji-ozhichigaate. Shke omaa, wiin igo geniin eko de-bi-kikendamaan ingii-kanawaabamaa owe gaa-oosiiyaan. Aagima' omaa ogii-onji-ozhi'aa' ogii-waaginaan iniwen wiigwaasaatigoon. Miinawaa odaabaanaakwan ogii-ozhi'aan. Miinawaa owe ezhi-onagekod, wiigwaasaatik niibiyo omaa gegoo gii-onji-izhichigaatewan. Miinawaa ge piskitenaaganan gii-ikidong. Miinawaa onowen aya'ii ezhi-apakwet aw Anishinaabe. Gaawiin nimijimendanzii ezhinikaatek (wiigwaasabak). Gii-maawandoogwaadeg i'i wiigwaas . Mii iye oda-apakwaanid mewinzha, Geyaabi sa go aapi gii-apakawed awiiya. Mii awe aa birch tree gaa-inind.

Miinawaa awe a'a azaadi. Poplar tree maawiin izhinikaazo. Mii go ge awe iidog aapiji gaa-pi-dibaajimot. "Niibiyo ge niin gegoo indayaan ge-izhi-wiiji'ag aa Anishinaabe." "Nashke awe gaa-izhinaagozit awe nimitik." Aanind ge ogowe ga-babiiwizhe'iwaat mitigoonsag. Mii omaa ge-ondinamowaad owe ge omashkikiimowaat ogowe Anishinaabeg. Owe chi go ge-niin ezhi-minjimendamaan gii-abinoojiiwiyaan. Ingii-ozibinikaanaanaan ako owe ozaadi ga-inind. Ingii-bishagaakwawaanaan. Miich imaa gaa-ondinimaan. Aapichi onzaam gii-minopogwad awe. Oziban izhinikaate. Dibishko gegaa go, gegaa go ziinzibaakwat izhipogwat iye. Mii dash iye gaa-noojitooyaang gaa-izhi-ishpi-niibing igo. Aapiji niin, aapiji ningii-minopitaamin mii sa go gaa-ikidod awe nookomisiban. "Kinoojimoo'idiz iye gii-miijiman owe oziban, mashkikii gaa-miijiyan" ingii-ig ako. Howah sa ingii-minotawaa. Mii go apane noopiming gii-pabaa-ayaawaan geniin, babaa-ozibanikeyaan. Niibiyo gegoo enaabadizi a'a azaadi.

Miinawaa awe maanazaadi. Gaawiin igo aapiji gegoo awe ingii-noondanzii, enaabidizit. Owe dash wiin ago ko gaa-izhi-noondawagwaa ogowe kichi-anishinaabeg. Nashke iwe gii-ani-ziigwang, Gakina awiiya obii'toon owe ji-ayaag, jibwaa baabagoshkaag owe wiigwaas gegoo gii-ozhichigaadeg omaa wiigwaasing. Mii dash ako gaa-izhit a'a bezhig a'a ingii-onoshe'inan mindimooye-iban, aazha gii-maajaa. Owe gidaa-naanaagadawaabamaa maanizaadi. Aapii kiizhibagizit a maanizaadi, mii omaa ji-kikendaman. Mii ji-baabagoshkaag i'i, ji- baabagoshkaag i'i wiigwaas mii o'apii ge-ando-waabandaman giizhibagizit a'a maanizadi aapji mamaangibagizi etino'o. Aspen I guess that's the name of it, mii ezhi-zhaaganaashiiwinikaazod.

Wiigobiiwaatik, mii owe miinawaa a'a bezhig. A'awe minawaa aa, wiigobiiwaatik gaa-inind, wiigop maayiin igo izhinikaazo aw mitik mii owe basswood enind. Miinawaa awe bezhig aapiji gichi-aabadat owe wiigop gii-baabagonind a'awe wiigobiiwaatig. Apane go geniin awe noongom indizhichige. Nashke-ch dash ge awe gii-ayaat gikiizhibaabagonind giikii… ginii-biitobiigibinind. Ingii-naanaagajitoon noongom niibinong ini mitigoon, betinaa sa onzaam naaganoon ini mitigoon. Aapiji nanaagaakododewan gii-baategin. Mii dash omaa gaa-onji-ozhitoowaan eyii bawaa'iganaakoon. Wiingenaa ozaam, naanganoon wiinge ge zhooshkwaakwatoon. Kaa memwech gegoo ingii-izhikotanziinan. Mii eta go michipikotamaan aaapiji naangane a'a mitik. Niibiyo maawiin igo gegoo inaabadizi iidog a'aw mashkikiwaatik. Gakina mashkikiwaatigoog ogowe aya'aag gaa-tazhimigwaa mitigoog. Mii owe a'a basswood gaa-inind.

Miinawaa awe adoop, tabaskobaang omaa ayaad aw adoop. Mii go ge iye niibiyo gegoo inaabadad. Bezhig aazha ingii-wiindamaagoban awiiya; ji ayaabajitowaan owe gii-ayaat, gegoo gii-izhi-ayaat aw abinoojiinh. Gii-biigozhaandizot, kaawiin dash wiin igo owe indaa-dibaajimosii aaniin awe ezhichigaateg. Aanishinaa gigootaazimigoomin owe onjigo weweni gegoo ji-izhichigeyan jibwaa ozhitooyan owe mashkiki. Mii niin ako gaa-igoowaan. Akawe weweni gagwejim awiiya owe dash ke gaa-izhichigeng gegoo gii-bagidinigaadeg asemaa, Nashke ge omaa aanind owiiya wiisiniiwin odabagidinaanaawaa owe jibwaa giishka'ang owe mitik. Mii awe miinawaa bezhig gechii-inaabadak aaniin ezhinikaazot... (what's it's name…) speckled alder. Speckled alder iidog izhinikaazo. He'enh… Mii owe miinawaa a'a mii niin ako owe gaa-igoowaan owe webinige-giizis gaa-izhinikaazod. Awegwen giinawaa. A'aa niin ingii-ayaabaji'aa ko awe aya'aa andego-giizis gaa-inind. Mii owe mii kwa apii gaa-bi-izhi-kino'amaawangwaa ge gaa-pi-ombigi'aawasoyaan (ombigi'aawaso watch children grow). Ge niin sa go gaa-izhi-gikino'amaagowaan. Webinige-giizis awe, mii apii ge-aabajitooyan awe adoopiiwaatik. Aapiji go owe gaa-biigijiisagowang. Mii dash awe ge-apagidamowat awe…a'awe giizis kii-tibikak gaa-agoojiing. Mii dash omaa wiindamowat awe aaniin wegonen dinowa webinaman "Niwebinige."

Maagizhaa ingoding awiiya, adaakoziwin owebinaan awiiya ingoding maagizhaa ge onishkaadendamowin owebinaan maagizhaa ge gegoo, gegoo owe gaa-migoshkaasikaagod. Mii omaa mii wiindamowat a'a giizis ji odaapinamawig ji-maajiidood "gaawiin geyaabi owe niwii-babaamendanziin" ingoding ako gii-ikidod awiiya. Aapiji go awe gaa-biigajiisagowid mii niin gaa-igoowaan. Mii awe ge-apagidamowat awe dibikigiizis gaa-agoojing, mii dash omaa ji-maajiidood owe gidaakoziiwin maagizhaa ge gimaanendamowin. Mii iye…mii iwe ni-bezhig gaa-izhi-noondamaan ako enaabadizit awe adoop gaa-inind.

Miskwaa-biimak, miskwaa-biimak... red willow. Miinawaa awe, bezhig gichi-mashkikiwaatig. Mii iidog gaa-ikidogobanen awe miskwaa-biimag "Aapiji niibiyo gegoo inga-inaabaji'ig owe a'a Anishinaabe omaa waa-tagoshing Bijiinag sago, da-ani-gikendamoog, omaa ge maagizhaa gegoo oga-ani-bawaadaanaawaan." Minik igo idash wiin igo ge-niin ezhi-gikendamaan awe miskwaa-biimagoons indaabaji'aa gii-ozhitoowaan onowe wiigwaasi-naaganensan. Mii awe egwa'ag imaa ge-onji-siito'ayaag owe wiigwaasi-naagan. Mii sa go ge nooshkaachinaagan owe gegoo gii-ozhitood owe gii... manoomin gaa-izhi-nooshkaachigaateg. Mii awe ko aabajiag [miskwaabiimagoons] apiji miinwaagishkaa gegoo gii.. Aapiji, minwaagishkaag gii-aabadizid.

Bagaanimizhiig, hazel nut. Mii go ge awe bezhig a'a… mii maawiin igo gakina ayaawaad mashkikiwaatigo-iwaat igiwe. Aya'ii dash ko geniin bezhig nindizhi-gikendaan gaa-inaabaji'ag owe sago abinoojiiwiyaan. Bagaanag omaa gii-nitaa-wigiwag gii-ani-tagwaagig. Babiikwaadaminagiziwag igiwe bagaanag, hazel nut iidog izhinikaazo zhaaganaashiiwinikaazod. Mii dash iko igiwe gaa-maawanji'angidwaa gii-abinoojiiwiyaang mii dash gaa-izhi-amowangidwaa mii go bizaan igo mii sa eta baasa'angidwaa. Mii omaa gaa-onji-wiisiniyaang babaa-ando-bagaaneyaang. Mii awe miinawaa bezhig niibiyo gegoo inaabadizi awe, niibiyo aazha gegoo o'apii nindizhi-noondam enaabaji'aawaad ogiwe gaa-nanaandawi'iwewaad awiiyag. Niibiyo gegoo inaabadizi. Mii owe gaa-onji-izhinikaazod bagaanimizh, bagaanag omaa nitaawigiwag.

Bawa'iminaanagazh, mii go awe bezhigwan ge-wiin. Niibiyo omaa gegoo agoodeni omaa ezhi-nitaawiging. Ingii-ig ako nookomisiban ji-moozhaginamaan iniwen bawa'iminaanan gaa-izhinikaadegin. Gegoo dash go ogii-ozhitoonan, ogii-gabaatoonan. "Nashke owe minikwen" indig. Mii dog omaa… mii iidog owe omashkikiiwaaboom gaawiin-shk ke ingii-gagwejimaasii aaniin enwaadang iwe. Anishinaa ingii-manaazimaa aapiji nookomisiban. Mii go gegoo wiindamawid mii iye gaa- mii go iye gaa-ani-izhichigeyaan.

Miinawaa awe a'a asasaweminaganzh izhinikaazo. Mii go ge awe, aapiji niibiyo gegoo omaa nitaawiginoon asasaweminan. Niibiyo go ge-niin aazha gegoo nin-bi-inaabajitoon iwe. Aabiding ingii-ozhitoon eya'ii baashkiminsigan ingii-baashkiminisaanan iniwen asasaweminan. Aapiji…aapiji mino-pogwadoon eya'ii. Mii owe ge bezhig gichi-mashkikiiwaatig.

Gaagaagiwaandag. Mii miinawaa a'a bezhig, zhingobiiwaatig…aya'iing…

Ingoji gii-zhooshkwanaabikaag mii iidinong naagozid. Mii maawiin iye juniper gaa-izhinikaanaad wemitigoozhi. Mii go awe niibiyo gegoo… niibiyo gegoo inaabadizi. Niibiyo gakina…niibiyo gegoo inaabidiziwag ogowe mitigoog gaa-waabamangwaa.

Opwaaganaatig. Mii awe miinawaa bezhig. Miziwe aapiji nitaawigi a'a dinowa.

Eya'ii omaa ingii-miijimin ako gii-abinoojiiwiyaang onowen gaa-nitaawigingin omaa e'iing. Aapiji minopogwadoon. Amanji igo ezhinikaategwen owe, indigo miskominensan ezhinaagokin. Sumac iidog odizhinikaanaawaan wemitigoozhiwag. Mii dash omaa wenji-ozhi'aawaad…wenji-ozhichigaadeg okij. Okijiiwaatig a'a opwaagan awiiya gii-ozhi'aad.

Anishinaa gigikendaamin owe ezhichigeyang. Gaa wiikaa awiiya anishaa odaa-giishka'waasiin ini mitigoon. Onjida igo gegoo wii-… ji-inaabadizid awe mitig. Mii go ge-niin gaa-onji'igowaan. Gego wiin anishaa go giishka'waakwen (giishkigawaakwen) igi mitigoog. Gego eta go wii-inaabaji'ad wii-mashkikikaageyan gemaa ge owe gegoo okij awiiya gii-ozhitood. Gemaa-ch ge awe a'a adoopiiwaatig. Aanawi gii-biigijiisagowid aw mitig ge…Weweni…weweni gidaa-izhi'aa gegoo. Weweni ge gidaa-gagiizomaa aaniin wiin wenji-giishkiga'wad a'aw mitig. Mii iye niin ako gaa-izhi-wiindamaagowaan. Awiiya go ogowe. Awiiya igiwe mitigoog ingoji gii-waabamad badakizod aw mitig. Awiiya owe gaa-niibawid. Wiinzowin ge odayaan. Mii dash wenji-manaaji'ad. Gaawiin anishaa gigiishkiga'waasii. Mii niin ako iye gaa-izhi-waawiindamaagowaan gidaa-manaajitoon gegoo.

(Res. No. 15-94; Res. No. 15-62.)

Prior Codifications

§CSV.1.12.010 was formerly codified as VI LCOTCL §1.1201

Editor's Notes

Mitigoog Teaching by Ogimaawigwanebiik (Nancy Jones) from Dibaajimowinan: Anishinaabe Stories of Culture and Respect, Great Lakes Indian Fish and Wildlife Commission, Odanah, WI: July 2013.

Now this tree with needles, the one called white spruce – oops! I just remembered. First I need to talk about this. All these trees we see in the bush have Indian names. Nanibosh gave them all Indian names when he made the earth. And that is why, that is what I tell them, people. It is very sacred when someone has a spirit name. That is why we were given Anishinaabe names. The spirit gave these to us. The spirit gave us these names so that we can carry them in a sacred manner. That is why they were so sacred, highly honored. That is why. That is how one receives good life when they take care of or honor their name. This is what my late grandmother told to me. If you think about those trees, they all have spirit names. That is why you have a spirit name. This is what my grandmother told me.

This is what Nanaboozhoo did; he gave all trees names. That is the white spruce that was named. There are a lot of uses for the white spruce. So he (the tree) was asked (by Nanabush), "How are you going to help the Anishinaabe when they get here?" "Oh there is a lot they can use me for," he said. "They might even make medicine out of me; they can use my tree-ness and my needles." "Spruce" apparently is what he is called in the English, when one here to use the English language that is what the white people (French) call them. And I have this one teaching, one of the ways I use the white spruce -when the moose is killed. And this, a certain intestine part of the moose has inside of him, that is what I used. That white spruce, I shrink it (using heat and smoke). I turned it inside out, that certain part of the intestine. And then I heated up the intestine. I made a fire. And then I put that spruce there. Then on top of that smoky spruce I put that moose intestine to shrink. Does it ever taste good when you do it this way. (Cultural point. The moose is pleased when all of his parts are eaten. Every part of the moose has a special gift for the woman who is the life giver.)

And then there is the next one. The cedar tree, that was another one that was asked, "How will you help the Anishinaabe?" Nanabosh asked. "Oh there are a lot of ways I can help the Anishinaabe," he said. "When somebody has a child, when a couple has a child, they will use my wood to make the cradle board," he said. "I will give him all the love that I have to offer to the child. I shall bestow many visions onto him for the duration that he is in the cradle board. And he shall dream too. The child will have healthy bones, have a straight spine, strong and straight bones just be totally healthy if one uses the cedar. I have many uses that I can give them, when they want to make medicine from my being a tree. When someone is making a canoe, that is one use that will be used to make the strips of cedar on the bottom when someone makes it. They can make a cedar bark covering for their shelter when they want to stay warm during the winter". That is the one, the cedar bark, that will be utilized for a roof covering. And also these trees they will make other things like rice knockers, how it was said. This is where it will come from. "There are many ways I can help the Anishinaabe. I shall care for them too."

Next I will talk about the jackpPine. I will also help. That whom they call the jack pine, perhaps is what he is called. "Oh me too, I could help out the Anishinaabe. Me too! I have medicine that the Anishinaabe could use." They will learn more about it (as the world grows.) There is something, one thing, I would like to tell about. For instance these certain partridges the ones called spruce hens. It is these [jackpine] boughs that these spruce hens eat. That is where the Anishinaabe looked for them to go get when he wanted to eat the spruce hen, it is said. The spruce hen is very tame. "And that is the way I will try to help the Anishinaabe." They are easy to snare the spruce hen whenever they use a snare (on a long stick.) "That is the way that I shall help the Anishinaabe." (Cultural note: The jack pine instructed the spruce hen to make himself available to the Anishinaabe. The spruce hen is not dumb. The jack pine promised Nenabosh that he would help the Anishinaabe, and this is how he is keeping his promise.)

Then next the balsam tree arrived. It is the balsam tree which is called this way. "Oh me too, I shall help in many ways. For instance, when the Anishinaabe makes camp. They will use my boughs as a floor when they need something to lie on. And for instance these things, the way that I look, (my pitch) it is. If someone pokes at the lumpy pitch, the blister part of that tree, from there they will get medicine. The medicine they will get from here, and they know later on how to use this medicine. There is a reason why I look like this, when the tree has all this sticky pitch. There are many uses for this (pitch.) They will use this for flooring, and others will use this when they make medicine. They will have dreams as to how to use it, those Anishinaabeg when they arrive."

And there is another one, the next one. The white pine, the one they call white pine, is what they named it. I did not hear of many uses for this tree. However, it burns very well when used as firewood this pine tree.

And then the next one, he is like the others, too. He, too, is medicinal. All the trees that grow there, they are all medicinal trees. It is only – someone will come to know how – how a person would utilize this tree, how it be would used. This is what I was told when I was being instructed in something. You will live and learn about it. Now look at this [red] pine. It is the same this one, when I used to see that tree. When they used to split it up in little pieces (with an ax), and they would saw it up. We used to make play things out of it when we were children. We would bend the needles to make little snowshoes – little snow shoes just like when a child is at play. That is what we did.

Then another one spoke up. "Me too! I carry medicine. Later on the Anishinaabeg will know how to use me," the tree said. And now that white birch tree, he, too, has many uses. This is where a variety of things are made from. For example, as far back as I can remember, I would watch my late father. He would make snowshoes by bending that birch tree. He also made a toboggan. And when he used the bark, he made many things with it. Also the folding birch bark basket, it was said. Also when the Anishinaabe needed something for roofing. I do not remember what it is called (wiigwaasabak), when they sew the birch bark (pieces) together. That is what one would use for roofing material long ago, even nowadays whenever one wants to make a roof. That is the birch tree that I am talking about.

And now for the poplar tree. Poplar tree is probably the name of it. And he too spoke up."I too have many gifts to help the Anishinaabe." For example when the way that my tree looks and even the smaller trees, this is where the Anishinaabe will get medicine from when they make medicine." I also remember back when I was a child. We would eat the sap from the bark from the poplar tree. We would peel the bark of the tree. This is where we would get it from. Boy, did it ever taste good that one! It was called thick sap. It almost tastse like sugar. That is what we use to go after, later on into the summer. I, we, really liked the taste of it and this is what my late grandmother told me. "You are medicating yourselves when you eat that sap. That is medicine that you are eating" is what she use to tell me. I really liked what she said to me. I would hang out in the woods eating the sap of the tree. There are many uses for that poplar tree.

And then there is the big tooth aspen. I don't remember hearing any uses for this one. I do remember hearing something from the old time Anishinaabe. It was when spring was approaching. Everyone would wait for the birch bark to be ready to be peeled so they could make their things out of birch bark. There was this one lady, my aunt, that is now deceased, that told me this. You should study the big tooth aspen. When the aspen has finished growing leaves, this is how you will know. That is when the bark is ready; that is when you will go and look it when the aspen is finished growing leaves, this tree really has big leaves. I can't say the name of it – big tooth, something.

The basswood, that is yet another one. And then this one called basswood, wiigop, is also what it is called this tree called basswood and this one is very – there are many uses for the basswood when one peels the bark of the tree. I still do this today. After you peel the top bark, then you peel the layers off in strips. (After I peeled the bark), I studied the sticks from this tree this summer, and I learned that it was very light. It was very light when it got dried. And so I made my rice knockers out of them. They are very light and smooth. I did not even need to carve it. I only had to sharpen it at one end; the wood is very light. There are probably many other uses for this medicine tree that is called basswood (in English).

And there is the speckled alder. It grows in lower brush area that alder. That too has many uses. Someone once told me this – to use this tree when something is wrong with a child, when the child suffers from a diaper rash, but I would not go into detail how it is used. (I am not at liberty to discuss how this is done.) There are special protocols before someone does things like making medicine. This is what I was told. Seek out someone's advice when you do something in a sacred manner, especially when tobacco is offered. Some offer food before cutting down a tree. This one too has its special use. Speckled elder is what it is called. This is what I was also told about this moon that is called throw-sickness-away-moon. You may have a different name for it. As for me I use the moon that is named the crows-return-moon, (March). That is it how I taught my children as I watched them grow. This is the way I was taught, too. The-throw-away-sickness-moon one, that is when you will use the speckled alder tree. Choose one that is old and almost falling apart. That is the one that you use to throw with, at the moon that is up in the sky. This is when you tell her (the moon) what you are throwing away. "I am throwing it away." Sometimes perhaps someone will throw away their sickness, or they could throw away their anger and anything that is plaguing you. This is what they tell the moon, to take the sickness away, "I do not want it to bother me anymore" is what someone will sometimes say. Use the wood that is almost falling apart, that is what I was told. That is what one would throw to the moon, the moon that at night (in the heavens). It is then that your sickness or your sorrow is taken from you. So that is what one use that I heard how it is used, this one called the speckled alder.

Red willow. This is yet another one, a great medicine tree. Apparently the red willow said, "The Anishinaabe that are going to arrive will have many uses for me. They will come to know or perhaps they will come to dream of how to use these things." And then again as for me I, too, know about this one. This red willow I use when I make little birch bark baskets. I use them to sew on the trimmings, so that it can secure/reinforce around the birch bark basket, also when one makes a winnowing basket or when wild rice is winnowed. That is the part I use, the willow part. It bends/curves nicely. It bends/curves very well when one uses it. Also that one, they are all like that… they are all medicine trees, the whole lot of them.

Then there is one thing that I know of – the way that I use it when I was a child. This tree had hazelnuts growing on them. They are round/ball-like nuts. Probably hazel nut is what they are called in English. We use to gather them when we were children, and we ate them by breaking open the shell. This is how we got our food, how we ate by going around collecting hazelnuts. There is a lot of ways that you can use that. I've heard of many ways of how the medicine people use this tree. They use it in a lot of ways. That is why it is called hazelnut tree because hazelnuts grow on there.

Pin cherry. This too is another one with medicine. There are a lot of berries growing on it. My grandmother used to tell me to gather up the berries. She used to make something out of it. She made it into tea. "Here take a drink of this," she said to me. This must be her medicine water; however, I did not ask her what it was for. I had a lot of respect for my grandmother, and whatever she told me, that is what I did.

And then there is the choke cherry tree. That tree has choke cherries growing on it. I have a lot of uses for that tree. Once I made choke cherry jelly with those choke cherries. That jam tastes really good. That tree is also a great medicine tree.

Juniper. This is another one of the needled trees. Wherever it is a smooth rocky area is where this can be seen. This is what the white man calls juniper. Again this one has many good uses also. All the trees that we see have many uses for them.

Sumac (pipe stem tree). And then there is this another one. This one grows all over the place. As children we would eat the things that grew on this tree. They taste really good. I am not sure what they are called, They look like little red berries. I think the white-man calls it sumac. This is where the pipe stem is made from. When someone makes a pipe, this is where the stem is made from.

We know what to do when we are doing these things. No one should cut down a tree for no reason. Only if one has a purpose for it. That is what I was told not to do. Do not cut down a tree without a purpose. Only if you have a reason to use it like making medicine or if one were to make a pipe stem. It is the same as when you use the alder. Even though the tree is rotten or falling or… You should do something for the tree. You should also honor the tree and tell it why you are cutting it down. This is what I was always told. They are someone. (They are people. They are alive.) All the trees that you see standing, all of them are someone. That is someone that is standing. It also has a name. That is why you show respect to it. You do not cut it down for no reason. This is what I was told; you should have respect for all things.

CSV.1.12.020 Purpose

The purpose of this chapter is to regulate the harvest of miscellaneous forest products, or any parts thereof, which are not regulated pursuant to Subchapter CSV.1.5 [Wild Rice Harvesting Regulations] and Subchapter CSV.1.11 [Timber Harvesting Regulations].

CSV.1.12.030 Miscellaneous Forest Product Harvesting Permits

(a) Wild Plant and Gathering Product Gathering Permits. No member or duly authorized non-member shall gather any wild plant as defined in Section CSV.1.2.010(oooo) of this ordinance, or gathering product as defined in Section CSV.1.2.010(ff) of this ordinance on reservation land as defined in Section CSV.1.2.010(ddd) of this ordinance pursuant to this subchapter without possessing a valid gathering permit approved by the Tribal Governing Board which may incorporate such other terms and conditions as the tribal conservation department deems necessary or appropriate. Such a permit may be the member's tribal identification card required by Section CSV.1.3.030(c) of this ordinance.

(b) Non-Timber Forest Product and Ginseng Gathering Permits.

(1) No member or duly authorized non-member shall harvest or gather non-timber forest products as defined in Section CSV.1.2.010(vv) of this ordinance, and ginseng as defined in Section CSV.1.2.010(hh) of this ordinance, pursuant to this ordinance without possessing a valid gathering permit issued by the tribal conservation department, such a permit may be the member's tribal identification card required by Section CSV.1.3.030(c) of this ordinance, as follows:

(A) Small Scale Harvest Activity. For small scale activity, a member or duly authorized non-member may harvest non-timber forest products while possessing a valid gathering permit up to the following limits:

(i) Bark; Twenty (20) Trees

(ii) Boughs; Five (5) Tons

(iii) Firewood; Ten (10) Cords

(iv) Lodgepoles; Seventy-Five (75) Lodgepoles

(B) Large Scale Harvest Activity. For large scale activity, a member or duly authorized non-member may harvest non-timber forest products while possessing a valid large scale harvest activity gathering permit above the limits established for small scale harvest activity as follows:

(i) No member or duly authorized non-member shall gather non-timber forest products on a large scale without a valid large scale harvest activity gathering permit valid for a designated area established by the tribal conservation department.

(ii) "Designated Area" means a specific site identified and established by the tribal conservation department, for which a species harvestable surplus has been determined and for which the appropriate number of large scale harvest activity permits are available for the designated area.

(iii) The tribal conservation department may issue a large scale harvest activity permit to one or more member or duly authorized non-member based upon the determined species harvestable surplus and may impose such terms and conditions as it deems necessary or appropriate.

(iv) No member or duly authorized non-member shall fail to comply with the terms and conditions of a large scale harvest activity permit.

(2) No gathering permit is required of helper(s) of a permittee who participate only in the collection of the resource once it has been reduced to possession of a permittee.

(3) The tribal conservation department may impose such other terms and conditions as it deems necessary or appropriate, including biological monitoring requirements in addition to those contained in Section CSV.1.12.070 of this ordinance.

CSV.1.12.040 Miscellaneous Forest Product Harvesting Restrictions

(a) Conifer Boughs. No member or duly authorized non-member shall harvest conifer boughs on reservations lands as defined in Section CSV.1.2.010(ddd) of this ordinance except as follows:

(1) Cut down or kill a tree for the purpose of gathering conifer boughs;

(2) Remove boughs from the upper half of a tree; or

(3) Gather for subsequent sale northern white cedar, hemlock boughs, birch branches, or birch poles.

(b) Princess Pine. No member or duly authorized non-member shall gather any Lycopodium species on reservations lands as defined in Section CSV.1.2.010(ddd) of this ordinance except by cutting the vertical above ground stems.

(c) Sheet Moss. No member or duly authorized non-member shall harvest sheet moss on reservations lands as defined in Section CSV.1.2.010(ddd) of this ordinance except by harvesting no more than fifty percent (50%) of a species in any particular harvest area, including leaving the edges of the patch.

(d) Lodgepoles. No member or duly authorized non-member shall harvest lodgepoles on reservations lands as defined in Section CSV.1.2.010(ddd) of this ordinance except by harvesting no more than fifty percent (50%) of a species in any particular harvest area, unless the location is a designated area as defined in Section CSV.1.12.030(b)(1)(B)(ii) of this ordinance.

(e) Red Willow or Redosier Dogwood. No member or duly authorized non-member shall harvest red willow or redosier dogwood (cornus stolonifera) on reservations lands as defined in Section CSV.1.2.010(ddd) of this ordinance except by harvesting no more than fifty percent (50%) of a species in any particular harvest area, unless the location is a designated area as defined in Section CSV.1.12.030(b)(1)(B)(ii) of this ordinance.

(f) Birch Branches. No member or duly authorized non-member shall harvest any birch branches, branchlets or stems four (4) inches and less in diameter on reservations lands as defined in Section CSV.1.2.010(ddd) of this ordinance.

(g) Birch Tree. No member or duly authorized non-member shall harvest any birch tree (betula papyrifera) or sapling five (5) inches in diameter or less on reservations lands as defined in Section CSV.1.2.010(ddd) of this ordinance.

(h) Firewood / Fuelwood. No member or duly authorized non-member shall harvest (cut) any fuelwood on reservations lands as defined in Section CSV.1.2.010(ddd) of this ordinance except as follows:

(1) Harvest fuelwood within a woodlot area as defined in Section CSV.1.2.010(p) of this ordinance, which means an area of reservation land which has been designated, marked, posted and approved by the Tribal Governing Board for fuelwood harvesting, pursuant to Section CSV.1.12.140 of this ordinance.

(2) Harvest fuelwood in a fuelwood harvesting area for their personal use with a permit or firewood punch card issued by the tribal conservation department.

(3) Harvest fuelwood in compliance with all rules, policies and guidelines pertaining to the gathering of fuelwood as approved by the Tribal Governing Board.

(4) Only cut a live tree for firewood purpose as authorized by the Tribal Governing Board or the tribal conservation department.

(5) Only cut a standing dead tree within twenty (20) feet of any road or in a designated use area as authorized by the Tribal Governing Board or the tribal conservation department.

(6) Only gather a dead tree or portion of a dead tree where any portion of the dead tree is located below the ordinary high water mark as authorized by the Tribal Governing Board or the tribal conservation department.

(7) Only use a farm tractor, rubber tired skidder, or similar vehicle for gathering firewood with the written permission of the Tribal Governing Board or the tribal conservation department after consulting with and approval of the land manager, which approval may not be unreasonably withheld.

(8) Only sell, trade, barter or engage in any other transaction involving fuelwood from reservation lands as authorized by the Tribal Governing Board or the tribal conservation department.

(9) Only harvest fuelwood in a safe, orderly manner with regard to others and access roads to the cutting areas.

(i) Ginseng. No member or duly authorized non-member shall harvest ginseng on reservations lands as defined in Section CSV.1.2.010(ddd) of this ordinance except as follows:

(1) Gather ginseng from November 1 through August 31;

(2) Harvest wild ginseng unless all seeds from the harvested plants are planted in the vicinity of the parent plants in a manner which will encourage their germination and growth. Wild ginseng seeds may not be sold or transported away from the parent plant except by express written permission from the tribal conservation department;

(3) Harvest wild ginseng unless the plant possess three (3) or more true leaves and flowering/fruit stalks. The entire stalk, minus the mature fruits, shall be kept with the plant until they are taken to the member's personal abode as defined in Section CSV.1.2.010(xx) of this ordinance.

(4) Harvest ginseng except by harvesting no more than twenty-five percent (25%) of a species in any particular harvest area.

(j) Maple Sap/Sugarbushes.

(1) No member or duly authorized non-member shall gather maple sap without a sugarbush site permit valid for a designated sugarbush area or for such other location established by the tribal conservation department in consultation with and approval of the land manager, which approval may not be unreasonably withheld.

(2) "Designated Sugarbush Area" as defined in Section CSV.1.2.010(q) of this ordinance means a specific site identified and established by the tribal conservation department for which a site management plan has been developed and for which a sugarbush site permit has been issued.

(3) The tribal conservation department may issue a sugarbush site permit to one or more members and duly authorized non-members and may impose such terms and conditions as it deems necessary or appropriate.

(4) No member or duly authorized non-member shall fail to comply with the terms and conditions of a sugarbush site permit.

(k) Unsustainable Harvest Activity. Member and duly authorized non-member compliance with tribal harvest guidelines (bmp) shall be considered sustainable harvest activity, otherwise no member or duly authorized non-member shall harvest any miscellaneous forest product in such a manner so as to impair the future viability and continued success of the miscellaneous forest product on the landscape or ecosystem from which the member or duly authorized non-member is harvesting, as conditioned by the type of miscellaneous forest product, and must take reasonable precautions to prevent unsustainable harvest activity.

CSV.1.12.050 Timber Harvesting Prohibition

(a) Except as specified in Subchapter CSV.1.11 [Timber Harvesting Regulations] of this ordinance, no member or duly authorized non-member shall under authority of this ordinance cut down any live tree for any purposes or gather any salvage tree for the purposes of selling or causing to be sold all or part of it, or any product derived from it, as bolts, posts, logs, biomass, pulpwood, lumber, or other commercial timber resource.

(b) Except as specified in Subchapter CSV.1.11 [Timber Harvesting Regulations] of this ordinance, no member or duly authorized non-member shall sell or cause to be sold under authority of this ordinance all or part of any tree, or any product derived from it, as bolts, posts, logs, biomass, pulpwood, lumber, or other commercial timber resource.

CSV.1.12.060 Harvest of Certain Miscellaneous Forest Products Prohibited

(a) Endangered or Threatened Plant Species. No member or duly authorized non-member shall gather any endangered or threatened plant species, as defined in Section CSV.1.2.010(w), of this ordinance.

(b) Tribal Species of Special Concern. No member or duly authorized non-member shall fail to comply with any species of special concern closures or other restrictions as established by the Tribal Governing Board.

CSV.1.12.070 Harvest Monitoring

(a) No member or duly authorized non-member who has gathered a miscellaneous forest product pursuant to this ordinance shall fail or refuse to provide a harvest report, data, or such other relevant harvest information, as may be requested by a tribal conservation warden, tribal law enforcement officer or the tribal conservation department.

CSV.1.12.080 Emergency Closures

Pursuant to Section CSV.1.3.300 of this ordinance, the Director of the tribal conservation department is thereby delegated the authority to close any area to gathering generally or with respect to a particular location, whenever in his or her professional opinion and judgment the continuation of the harvest is likely to result in a harvest exceeding the Tribe's harvest goals or may otherwise cause biological harm to the species involved.

CSV.1.12.090 Harvest Location Restrictions

(a) Public Safety. No member or duly authorized non-member engaged in the gathering of miscellaneous forest products pursuant to this subchapter shall impair or obstruct developed recreational trails or designated use areas and any miscellaneous forest product subject to the gathering which may impede or impair the use of those trails or areas shall be removed immediately.

(b) Designated Use Areas. No member or duly authorized non-member may gather miscellaneous forest products within a Designated Use Area as established by the Tribal Governing Board, as follows;

(1) No member or duly authorized non-member shall gather miscellaneous forest products under authority of this ordinance on or within any designated use area except as authorized by the Tribal Governing Board or the tribal conservation department.

(2) No member or duly authorized non-member shall gather bark, conifer boughs, or lodgepoles within 100 feet of any designated use area except as authorized by the Tribal Governing Board or the tribal conservation department.

(3) No member or duly authorized non-member shall gather wild plants within 25 feet of any designated use area except as authorized by the Tribal Governing Board or the tribal conservation department.

(4) It is the member's or duly authorized non-member's responsibility to be certain about a designated use area. Any uncertainty should be resolved by contacting the tribal conservation department.

(c) Tribal Research and Management Areas - Tribal Natural Areas. No member or duly authorized non-member may gather miscellaneous forest products within Tribal Research and Management Areas - Tribal Natural Areas as established by the Tribal Governing Board, as follows;

(1) No member or duly authorized non-member shall gather miscellaneous forest products under authority of this ordinance on or within any tribal research and management areas - tribal natural areas except as authorized by the Tribal Governing Board or the tribal conservation department.

(2) No member or duly authorized non-member shall gather bark, conifer boughs, or lodgepoles within 100 feet of any tribal research and management areas - tribal natural areas except as authorized by the Tribal Governing Board or the tribal conservation department.

(3) No member or duly authorized non-member shall gather wild plants within 25 feet of any tribal research and management areas - tribal natural areas except as authorized by the Tribal Governing Board or the tribal conservation department.

(4) It is the member's or duly authorized non-member's responsibility to be certain about a tribal research and management areas - tribal natural areas. Any uncertainty should be resolved by contacting the Tribal conservation department.

(d) Tribal Research and Management Areas - Tribal Wild Resource Management Area. No member or duly authorized non-member may use a motorized vehicles, motorized equipment, or mechanical transport within a tribal wild resource management area as established by the Tribal Governing Board except as otherwise authorized by the Tribal Governing Board or the tribal conservation department.

(e) Tribal Research and Management Areas - Tribal Long-Term Research Area. No member or duly authorized non-member may gather miscellaneous forest products within a tribal long-term research area as established by the Tribal Governing Board, as follows;

(1) No member or duly authorized non-member shall gather miscellaneous forest products under authority of this ordinance on or within any tribal long-term research areas except as authorized by the Tribal Governing Board or the tribal conservation department.

(2) No member or duly authorized non-member shall gather bark, conifer boughs, or lodgepoles within 100 feet of any tribal long-term research areas except as authorized by the Tribal Governing Board or the tribal conservation department.

(3) No member or duly authorized non-member shall gather wild plants within 25 feet of any tribal long-term research areas except as authorized by the Tribal Governing Board or the tribal conservation department.

(f) Tribal Research and Management Areas - Tribal Native Community Management Area. No member or duly authorized non-member may gather firewood within a tribal native community management area as established by the Tribal Governing Board, as follows;

(1) No member or duly authorized non-member shall gather firewood under authority of this ordinance on or within any tribal native community management areas except as authorized by the Tribal Governing Board or the tribal conservation department.

(2) No member or duly authorized non-member shall gather firewood within 25 feet of any tribal native community management areas except as authorized by the Tribal Governing Board or the tribal conservation department.

(g) Closed Gathering Areas. No member or duly authorized non-member may gather miscellaneous forest products within a Tribal Closed Area as established by the Tribal Governing Board, except as otherwise authorized by the Tribal Governing Board or the tribal conservation department.

(h) Entry Restriction Areas. No member or duly authorized non-member shall enter a Tribal Entry Restriction Area as established by the Tribal Governing Board, except as otherwise authorized by the Tribal Governing Board or the tribal conservation department.

(i) Lands Open to Tribal Gathering. No member or duly authorized non-member shall gather miscellaneous forest products under authority of this ordinance except on reservations lands as defined in Section CSV.1.2.010(ddd) of this ordinance.

CSV.1.12.100 Harvest of Miscellaneous Forest Products Subject to a Timber Contract or Located Within a Timber Contract Area

(a) No member or duly authorized non-member shall gather any miscellaneous forest product under authority of this ordinance without a permit issued pursuant to Section CSV.1.12.100(c) that is subject to the harvest rights of another in a valid timber contract. Sometimes these trees are marked with paint. However, it is the member's or duly authorized non-member's responsibility to be certain about trees that are subject to a valid timber contract. Any uncertainty should be resolved by contacting the tribal forestry department, the BIA forestry office, or the tribal conservation department.

(b) For the purposes of this ordinance, a Designated Timber Contract Area means a defined location which has been delineated by the land manager for the purposes of a timber sale offering and for which a valid timber sale contract has been executed. Typically, a Designated Timber Contract Area is marked with paint on trees around the perimeter of the Area. It is the member's responsibility to be certain about an open Timber Sale Contract Area. Any uncertainty should be resolved by contacting the tribal forestry department, the BIA forestry office, or the tribal conservation department.

(c)(1) The tribal conservation department, after consultation with the tribal forestry department or BIA forestry office, is authorized to issue permits under this section on such terms and conditions as it deems necessary and appropriate.

(2) No member shall fail to comply with the terms and conditions of a permit issued pursuant to this section.

CSV.1.12.110 Harvest of Certain Marked Trees or Lodgepoles Prohibited

(a) Paint Markings. No member shall cut down any tree that has been designated with any paint markings including but not limited to: paint marking that designates the boundaries of a Designated Timber Contract Area, as defined in Section CSV.1.2.010(r) of this ordinance; paint marking that indicates boundaries between tribal land and other ownerships, or may designate a witness tree at a legal corner; or paint markings that may indicate a tree being used to collect cones or seeds for nursery stock.

CSV.1.12.120 Sale of Miscellaneous Forest Products Authorized

Nothing contained in this ordinance shall be construed to prohibit members from selling any miscellaneous forest product, or any part thereof, lawfully harvested pursuant to this subchapter.

CSV.1.12.130 Assistance by Non-Tribal Member

No person who is not a member or a duly authorized non-member shall assist a member in the gathering of any miscellaneous forest product, or part thereof, pursuant to this ordinance except as provided Section CSV.1.3.290 of this ordinance.

CSV.1.12.140 Firewood Subsistence Program Restrictions

(a) Woodlot Areas. Woodlot areas are intended for members and their families living on reservation lands that use firewood as the primary fuel source for their household. A member that resides outside of reservation lands and non-members may be issued permits upon a written request to the Tribal Governing Board. Such written request shall indicate who will be engaged in the cutting, whom will benefit from the cutting, and the timeframe that such cutting is requested. No members that reside outside of outside of reservation lands and non-members shall harvest within a woodlot area until a permit has been issued. Such a permit must be in the possession of the permittee while he/she is cutting fuelwood. No member or duly authorized non-member shall harvest (cut) fuelwood within a woodlot area, which means an area of reservation land which has been designated, marked, posted and approved by the Tribal Governing Board for fuelwood harvesting, as defined in Section CSV.1.2.010(p) of this ordinance, except as follows:

(1) Woodlot Area Posting. Before harvesting commences in a woodlot area, the area shall be posted and the boundaries clearly marked. The posting of an approved harvesting area may include, but is not limited to:

(A) Posting a sign clearly indicating "Woodlot Area."

(B) Posting a copy of this section of this ordinance.

(D) Posting a notice of violations for unauthorized entry and/or use.

(E) Posting a copy of any other limitations, restrictions, or requirements approved by the Tribal Governing Board for a woodlot area.

(2) Hours of Operation. Woodlot areas are open from 8:00 am to 4:00 pm on Tuesdays and Saturdays during the firewood subsistence program season. Woodlot areas shall be locked and cabled after dark. There shall be no cutting of firewood in any woodlot area after hours or when the woodlots are closed. Any member or non-member who is in a woodlot area outside of the posted open hours, shall be violation of this ordinance.

(3) Firewood Punch Card Required. No member or duly authorized non-member shall harvest (cut) fuelwood within a woodlot area, except for their personal use with a firewood punch card issued by the tribal conservation department. Firewood punch cards shall be numbered in sequence for tracking purposes, along with the member's identification number and current address. Firewood punch cards shall have the date of issuance, a signature of the member named on the punch card, and a signature of a tribal conservation department representative. Any firewood punch card possessed without a tribal conservation department representative signature shall be invalid. Firewood punch cards shall have no more than 20 punches on each card and only one punch card shall be issued per household per season, except emergency loads can be requested based on need for reasons such as funerals, ceremonies, or extreme cold weather conditions. An emergency load shall be considered and approved at the discretion of the tribal conservation department or the Tribal Governing Board. The Tribal Governing Board has the authority to adjust and make changes to this program due to shortage of wood, road conditions, and/or weather conditions. Elders and disabled members may obtain a punch card and have another member cut wood for them. The member who will be cutting wood for them will be required to give their contact information to the woodlot area monitor and the tribal conservation department will follow up to ensure that the wood is going to the residence of the punch card holder. Any violations of this section, or misuse of the elder/disabled punch card shall result in penalties for that member, including being banned from all woodlot areas for the remainder of the firewood subsistence program season.

(A) A member living on reservation lands that uses firewood as the primary fuel source for their household shall apply for a firewood punch card at the tribal conservation department.

(B) If approved, the member shall pay a $25.00 fee to receive the firewood punch card.

(D) The member must be present in the woodlot area while the firewood punch card is being used. A member may have another member cut for them as long as the firewood punch card holder accompanies the cutter in the woodlot area.

(E) When entering the woodlot area, the member must present their firewood punch card to the Woodlot Monitor prior to starting the woodcutting process.

(F) Except as otherwise authorized by the Tribal Governing Board pursuant to Section CSV.1.12.140(a) of this ordinance, a member's spouse that is not a member may utilize the woodlot area as long as the non-member spouse resides in the same household.

(4) Woodcutting Regulations. No member or duly authorized non-member shall harvest (cut) fuelwood within a woodlot area, except in compliance with all rules, policies and guidelines established by the Tribal Governing Board including:

(A) There shall be a limit of two truckloads of firewood per day for each household.

(B) No vehicles larger than three-quarter (¾) ton pick-up trucks shall be used. An SUV pulling an eight foot trailer is acceptable (8 x 5 x 1.8 foot trailer is a standard truck bed size).

(D) No cutting crew shall remain in a woodlot area after their vehicle has been loaded.

(E) No farm tractor, rubber tired skidder, or similar vehicle for gathering firewood shall be authorized in a woodlot area.

(F) All individuals utilizing the woodlot area shall clean up any trash, garbage, oil containers, etc. that they bring into the woodlot area.

(G) No open fires, fire pits or campfires are allowed in a woodlot area.

(H) No alcohol or illegal substances are allowed in a woodlot area.

(I) No person shall sell any fuelwood harvested from a woodlot area. Any persons caught selling fuelwood harvested from a woodlot area is subject shall face the forfeiture of their firewood punch card in addition to the receipt of a citation pursuant to this ordinance.

(5) Firewood Punch Card Revocation Reserved. The tribal conservation department and the Tribal Governing Board hereby reserves the right to revoke any firewood punch card if the regulations established in this section are violated.

(b) Home Delivery of Firewood. Members and their families living on reservation lands that use firewood as the primary fuel source for their household also have the option to purchase loggers cords of firewood. The firewood for this program is considered low-value marketable wood and is of variable species such as oak, ash, maple and birch. The tribal conservation department is not responsible for dirty, brushy, green or aged wood that is delivered. The firewood delivered shall be as-is. To utilize this program, a member shall apply as follows:

(1) A member must fill out the eligibility form at the tribal conservation department, then take the form to the accounting department at the main tribal government office to make a payment, then bring the form and receipt back to the tribal conservation department. No members shall be added to the firewood delivery list until all paperwork is returned to the tribal conservation department. A member applying for the firewood delivery program is responsible for ensuring that all paperwork is submitted. Neither the tribal conservation department, nor the accounting department are responsible for paperwork that is not submitted correctly.

(2) Elders and Disabled orders shall have priority for participation in the firewood delivery program. These orders shall be delivered before regular deliveries are made. All deliveries of firewood shall be pre-approved by the tribal conservation department or the Tribal Governing Board. The following loads of firewood are available for purchase:

Elders/Disabled Loads

5 Cords $200.00

10 Cords $350.00

Regular Loads

5 Cords $350.00

10 Cords $600.00

(3) Each household is only allowed to purchase one load of firewood per season.

(c) A member or duly authorized non-member may only use one firewood subsistence program, either the woodlot area (firewood punch card) program or the home delivery program per season, not both.

Chapter CSV.2 Wi 1837/1842 Treaty Off-Reservation Conservation Code of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians

Preamble

This ordinance is enacted pursuant to the inherent sovereign authority of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians to implement its inherent Anishinaabe rights to utilize the natural resources found in ceded territories for subsistence, medicinal, cultural, religious and economic purposes, which predates its Treaties of 1825, 1826, 1837, 1842, 1847 and 1854 with the United States Government. In the implementation of this inherent sovereign authority, Article V, Section 1 (o) and (q) of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians, empowers the Tribal Governing Board to "promulgate and enact ordinances governing the conduct of Tribal citizens (members) in the exercise of rights to hunt, fish, trap, gather wild rice and other usual rights of occupancy throughout the offreservation area covered by the jurisdiction of the Band" Article V, Section 1 (o); "establish a tribal court for the purpose of enforcing tribal ordinance, to appoint tribal game wardens, and to provide by appropriate ordinances, for fines, imprisonment or confiscation of equipment for violation of such ordinances" Article V, Section 1 (q). It is the purpose of this ordinance to provide an orderly system for tribal control and regulation of hunting, fishing and gathering on the off-reservation lands ceded by the Tribe in the Treaty of 1837, 7 Stat. 536, and the Treaty of 1842, 7 Stat. 591; and provide a means to promote public health and safety and the conservation and management of fish, wildlife and plant populations in the ceded territory through the regulation of member harvesting activities occurring there consistent with the Natural Resource Management Plans for the Northern Wisconsin Ceded Territories and the Chippewa Intertribal Agreement Governing Resource Management and Regulation of Off-Reservation Treaty Rights in the Ceded Territory.

Subchapter CSV.2.1 Introduction

CSV.2.1.010 Title

This ordinance shall be known as the WI 1837/1842 Treaty Off-Reservation Conservation Code.

CSV.2.1.020 Authority

This ordinance is enacted pursuant to Article V, Section 1 (o) and (q) of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

CSV.2.1.030 Purpose

It is the purpose of this ordinance to:

(a) Provide an orderly system for tribal control and regulation of hunting, fishing and gathering on the off-reservation lands ceded by the Tribe in the Treaty of 1837, 7 Stat. 536, and the Treaty of 1842, 7 Stat. 591; and

(b) Provide a means to promote public health and safety and the conservation and management of fish, wildlife and plant populations in the ceded territory through the regulation of member harvesting activities occurring there consistent with the Natural Resource Management Plans for the Northern Wisconsin Ceded Territories and the Chippewa Intertribal Agreement Governing Resource Management and Regulation of Off-Reservation Treaty Rights in the Ceded Territory, as may be amended from time to time, both of which have been ratified by the Tribe and both of which are hereby incorporated by reference as if fully set forth herein.

CSV.2.1.040 Territorial Applicability

This ordinance shall govern the off-reservation hunting, fishing and gathering activities of resources subject to the provisions of this ordinance by members within the ceded territory.

CSV.2.1.050 Effective Date

Except as otherwise provided in specific sections, the provisions of this ordinance shall be effective on the date adopted by the Tribal Governing Board.

CSV.2.1.060 Interpretation

The provisions of this ordinance:

(a) Shall be interpreted and applied as minimum requirements applicable to the exercise of off-reservation treaty rights subject to this ordinance;

(b) Shall be liberally construed in favor of the Tribe;

(1) the Natural Resource Management Plans for the Northern Wisconsin Ceded Territories;

(2) the Chippewa Intertribal Agreement Governing Resource Management and Regulation of Off-Reservation Treaty Rights in the Ceded Territory; and

(3) the court decisions, orders and stipulations entered in the court case Lac Courte Oreilles Band, et. al, v. State of Wisconsin, et. al, Case No. 74-C-313 (United States District Court, Western District of Wisconsin); and

(d) Shall not be deemed a limitation or repeal of any other tribal power or authority.

CSV.2.1.070 Severability and Non-Liability

CSV.2.1.080 Repeal of Inconsistent Tribal Ordinances

All ordinances and resolutions inconsistent with this ordinance are hereby repealed. To the extent that this ordinance imposes greater restrictions than those contained in any other tribal ordinance, the provisions of this ordinance shall govern.

CSV.2.1.090 Religious or Ceremonial Use of Natural Resources

(a) Nothing in this ordinance shall prohibit the use of any resource otherwise subject to the provisions of this ordinance which is harvested, taken or otherwise obtained within the ceded territory for religious or ceremonial purposes in accordance with the traditions and customs of the Tribe and with the consent of the Tribal Governing Board, or its designee.

(b) In reviewing and taking action on any request for religious or ceremonial harvest, the Tribal Governing Board, or its designee, shall take into account the biological impact of the harvest and shall ensure compliance with the provisions applicable to ceremonial harvest of the various court decisions, orders and stipulations entered into as part of the court case Lac Courte Oreilles Band, et. al, v. State of Wisconsin, et. al, Case No. 74-C-313 (United States District Court, Western District of Wisconsin).

Subchapter CSV.2.2 General Definitions

Legislative History

Section CSV.2.2.010 was amended by the Stipulation for Technical, Management, and Other Updates: First Amendment of Stipulations Incorporated into Final Judgment and was adopted by the Voigt Intertribal Task Force on August 7, 2008. Section CSV.2.2.010 was amended a second time by the Stipulation for Technical, Management, and Other Updates: Second Amendment of Stipulations Incorporated in the Final Judgment and was adopted by the Voigt Intertribal Task Force on October 7, 2010.

This version of the code was originally adopted on pursuant to Lac Courte Oreilles Tribal Governing Board Resolution No. 90-62 on September 4, 1990.

CSV.2.2.010 General Definitions

The following terms, wherever used in this ordinance, shall be construed to apply as follows:

(a) "Carcass" means the dead body of any wild animal to which it refers, and, unless clearly indicated to the contrary by a specific provision of this ordinance in particular circumstances, includes the hide or skin and head.

(b) "Ceded territory" means all lands and waters located in the State of Wisconsin, except Lake Superior, ceded by the Tribe to the United States of America in the Treaty of 1837, 7 Stat. 536, and the Treaty of 1842, 7 Stat. 591. For the purposes of this ordinance, the southern boundary of this territory is set forth in the Commission's Document entitled Guide to the Southern Boundary of Wisconsin portion of the 1837 and 1842 Ceded Territories, Version 4.0, August 2008, as it may be amended from time to time, which is hereby adopted and incorporated as if fully set forth herein.

(d) "Endangered or Threatened Species" means any wild animal or wild plant which is contained on either the federal (50 CFR Sections 17.11 and 17.12) or the State of Wisconsin (Wis. Adm. Code NR 27.03) endangered and threatened species lists, as may be amended from time to time, or which the Tribal Governing Board from time to time may declare as endangered or threatened.

(e) "Fishing" includes taking, capturing, killing or attempting to take, capture or kill fish of any variety in any manner. When the word "fish" is used as a verb, it shall have the same meaning as the word "fishing" as defined herein.

(f) "Game fish" includes all varieties of fish except rough fish and minnows; "rough fish" includes chub, dace, suckers, carp, goldfish, redhorse, freshwater drum, burbot, bowfin, garfish, buffalo fish, lamprey, alewife, smelt, and carpsucker; "minnows" includes suckers, mud minnows, madtom, stonecat, killifish, stickleback, trout-perch, darters, sculpin and all minnow family cyprinids except goldfish and carp.

(g) "Gathering" means to take or acquire or attempt to take or acquire possession of any wild plant or any part thereof.

(h) "Hunt" or "Hunting" includes shooting, shooting at, pursuing, taking, catching or killing any wild animal or animals, except that "hunt" or "hunting" does not include the recovery of any wild animal which has already been lawfully reduced to possession.

(i) "Member" means a member of the Tribe.

(j) "Miscellaneous Forest Products" means any undomesticated species, or part thereof, of the plant and fungi kingdoms occurring in both forested and non-forested natural ecosystems including: non-timber forest products as defined in Section CSV.2.12.020(l) of this ordinance; wild plants as defined in Section CSV.2.12.020(r) of this ordinance; gathering products as defined in Section CSV.2.12.020(g) of this ordinance; endangered or threatened plant species as defined in Section CSV.2.2.010(d), and includes Species of Special Concern, as defined in the Section CSV.2.12.060(b) of this ordinance, but for the purposes of this ordinance excludes wild rice.

(k) "Off-Reservation" means all lands and waters lying outside the exterior boundaries of a Wisconsin Chippewa Tribe's Reservation but lying within the ceded territory as defined in Section CSV.2.2.010(b) of this ordinance.

(l) "Possession" means having killed, harvested, or otherwise obtained or acquired any wild animal or wild plant subject to the provisions of this ordinance.

(m) "Protected" when used in reference to any wild animal or wild plant means that the hunting, fishing, trapping or gathering of such animal or plant is expressly prohibited except as authorized or regulated by this ordinance.

(n) "Signatory Tribe" means an Indian tribe which is a signatory to either the Treaty of 1837 or the Treaty of 1842, or such tribe's successor in interest.

(o) "Trapping" includes the taking of, or attempting to take, any wild animal by means of setting or operating any device, mechanism or contraption that is designed, built or made to close upon, hold fast, or otherwise capture a wild animal or animals. When the word "trap" is used as a verb, it shall have the same meaning as the word "trapping" as defined herein.

(p) "Tribe" means the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(q) "Tribal Conservation Department" means the conservation department of the Tribe, or, as circumstances indicate, of another signatory Tribe.

(r) "Unprotected" when used in reference to any wild animal or wild plant not otherwise regulated by this ordinance, means that the hunting, fishing, trapping or gathering of such animal or plant is not expressly prohibited by this ordinance.

(s) "Wild animal" means any mammal, bird, fish, or other creature of a wild nature endowed with sensation and the power of voluntary motion.

(t) "Wildlife" means all varieties of wild animals or birds.

(u) "Working day" means Monday, Tuesday, Wednesday, Thursday or Friday, unless such day is a tribal holiday.

Subchapter CSV.2.3 General

Legislative History

Section CSV.2.3.330 was amended by the Stipulation for Technical, Management, and Other Updates: First Amendment of Stipulations Incorporated into Final Judgment and was adopted by the Voigt Intertribal Task Force on August 7, 2008. Section CSV.2.3.330 was amended a second time by the Stipulation for Technical, Management, and Other Updates: Second Amendment of Stipulations Incorporated in the Final Judgment and was adopted by the Voigt Intertribal Task Force on October 7, 2010.

Section CSV.2.3.320 was created on August 5, 1993 and adopted by the Voigt Intertribal Task Force on October 22, 1993. Section CSV.2.3.320 was amended a second time by the Stipulation for Technical, Management, and Other Updates: First Amendment of Stipulations Incorporated into Final Judgment and was adopted by the Voigt Intertribal Task Force on August 7, 2008.

Section CSV.2.3.300 was amended on August 5, 1993. Section CSV.2.3.300 was amended a second time pursuant to a ruling made by Judge Barbara Crabb on October 13, 2015, where the court approved certain regulatory changes pertaining to tribal night hunting of deer.

Section CSV.2.3.270 was amended by the Stipulation for Technical, Management, and Other Updates: First Amendment of Stipulations Incorporated into Final Judgment and was adopted by the Voigt Intertribal Task Force on August 7, 2008. Section CSV.2.3.270 was amended a second time by the Stipulation for Technical, Management, and Other Updates: Second Amendment of Stipulations Incorporated in the Final Judgment and was adopted by the Voigt Intertribal Task Force on October 7, 2010. Section CSV.2.3.270 was amended a third time by Commission Order 2012-04 on November 16, 2012 and a fourth time by Commission Order 2014-01 on January 14, 2014.

Section CSV.2.3.210 was first amended Section CSV.2.3.210(c)(3)(E) was added] on August 5, 1993. This section was amended a second time by the Stipulation for Technical, Management, and Other Updates: First Amendment of Stipulations Incorporated into Final Judgment and was adopted by the Voigt Intertribal Task Force on August 7, 2008. This section was amended a third time by Commission Order 2011-06 on November 16, 2011.

Section CSV.2.3.180 was amended by the Stipulation for Technical, Management, and Other Updates: First Amendment of Stipulations Incorporated into Final Judgment and was adopted by the Voigt Intertribal Task Force on August 7, 2008. Section CSV.2.3.180 was amended a second time pursuant to a ruling made by Judge Barbara Crabb on October 13, 2015, where the court approved certain regulatory changes pertaining to tribal night hunting of deer.

Section CSV.2.3.170 was amended by Commission Order 2009-01 on September 10, 2009. Section CSV.2.3.170 was amended a second time by the Stipulation for Technical, Management, and Other Updates: Second Amendment of Stipulations Incorporated in the Final Judgment and was adopted by the Voigt Intertribal Task Force on October 7, 2010.

Section CSV.2.3.140 was amended pursuant to a ruling made by Judge Barbara Crabb on October 13, 2015, where the court approved certain regulatory changes pertaining to tribal night hunting of deer.

Section CSV.2.3.020 was amended by Commission Order 2013-01 on April 26, 2013.

This version of the code was originally adopted on pursuant to Lac Courte Oreilles Tribal Governing Board Resolution No. 90-62 on September 4, 1990.

CSV.2.3.010 Title to Wild Animals and Wild Plants

(a) The legal title to, and the custody and protection of, all wild plants and wild animals within the ceded territory is vested in the Tribe for the purposes of regulating members' use, disposition and conservation thereof.

(b) The legal title to any such wild plant or wild animal, or carcass or part thereof, taken or reduced to possession in violation of this ordinance remains with the Tribe; and the title to any such wild plant or wild animal, or carcass or part thereof, lawfully acquired, is subject to the condition that upon the violation of this ordinance relating to the possession, use, giving, sale, barter or transportation of such wild plants or wild animals, or carcass or part thereof, by the holder of such title, the same shall revert, as a result of the violation to the Tribe. In either case, any such wild plant or carcass or part thereof, may be seized forthwith, wherever found, by the tribal conservation department or any law enforcement official authorized to enforce the provisions of this ordinance.

CSV.2.3.020 Permits and Identification

(a) No member shall engage in the exercise of off-reservation treaty rights regulated by this ordinance without a validly issued tribal off-reservation natural resources harvesting permit or such other permit as this ordinance may require validated for the particular type of activity to be engaged in for the particular season in question.

(b) No member shall engage in the exercise of off-reservation treaty rights regulated by this ordinance except while carrying a valid color picture identification card issued by the Tribe.

(c) The tribal conservation department is authorized to issue to members permits required by this ordinance. Except as otherwise required by this ordinance, the form of such permits shall be left to the discretion of the tribal conservation department provided such form shall require the name, address and the member's tribal identification number.

(d) The tribal conservation department may issue such harvesting permits to members of a signatory tribe, provided such other tribe has adopted an ordinance or other regulations essentially in conformance with the provisions of this ordinance for the particular season or activity involved.

(e) No member shall refuse to display his or her identification documents or any other document or permit required by this ordinance to any tribal, state, local or federal law enforcement officer upon request by such officer.

(f) No member to whom any permit has been issued under this ordinance shall fail or refuse to provide harvest reports and data, and such other relevant information, as may be requested by tribal, state, local and federal law enforcement officers or by the Commission's Biological Services Division.

(g) Permits, carcass tags and registration tags issued or used pursuant to this ordinance in connection with any species for which a harvest quota is established shall be numbered sequentially and shall be indexed by number making information regarding the identity of the person who has been issued a tag or permit promptly accessible.

(h) The tribal conservation department may issue individual tribal member hunting, trapping and/or fishing identification numbers as part of its ceded territory-wide automated system for issuing permits.

CSV.2.3.030 Waste of Natural Resources

No member shall unreasonably waste, injure or destroy, or impair natural resources while engaging in the exercise of off-reservation treaty rights regulated by this ordinance.

CSV.2.3.040 Larceny of Natural Resources

No member shall, without permission of the owner, molest, disturb or appropriate any wild plant or wild animal, or the carcass or part thereof, which has been lawfully reduced to possession of another.

CSV.2.3.050 Use of Poison and Explosives; Pole Traps

(a) No member shall take, capture, or kill or attempt to take, capture or kill any wild animal with the aid of dynamite or any other explosive or poisonous or stupefying substances or devices.

(b) No member shall place in any off-reservation waters explosives which might cause the destruction of any wild animal, except when authorized by the tribal conservation department, or have in his or her possession or under his or her control upon any off-reservation waters any dynamite or other explosives or poisonous or stupefying substances or devices for the purpose of taking, catching or killing wild animals.

(c) No member shall use, set, lay or prepare in any off-reservation waters any lime, poison, fish berries, or any other substance deleterious to fish life; or use baits containing poison of any description in any off-reservation forests, fields or other places where such baits might destroy or cause the destruction of wild animals; and the possession of any such poison, poison baits or substances deleterious to wild animals by a member while exercising off-reservation treaty rights regulated by this ordinances is prima facie evidence of a violation of this section.

(d) No member shall take, capture or kill or attempt to take capture or kill any bird by setting or operating any trap or device designed, built or used to capture birds on a pole, post, tree stump or any other elevated perch more than three (3) feet above the ground.

(e) Nothing in this ordinance shall prohibit the tribal conservation department or its designated agents from using explosives or having explosives in its possession for the purpose of removing beaver dams, clearing a channel, or breaking a log or ice jam.

CSV.2.3.060 Throwing Refuse in Waters; Abandoning Automobiles, Boats or Other

Vehicles .

No member shall deposit, place or throw into any off-reservation waters, or leave upon the ice or in such waters any cans, bottles, debris, refuse or other solid waste materials; and no member shall abandon any automobile, boat or other vehicle in such waters. Any automobile, boat or other vehicles not removed from such waters within thirty (30) days shall be rebuttably presumed to be abandoned.

CSV.2.3.070 Scientific Investigation

(a) The tribal conservation department or the Commission's Biological Services Division may conduct investigations of wild animals and wild plants in order to develop scientific information relating to population, distribution, habitat needs, and other biological data in order to advise the Tribe on conservation measures designed to ensure the continued ability of wild animals and wild plants to perpetuate themselves.

(b) The tribal conservation department or the Commission's Biological Services Division may for scientific purposes engage in or authorize others to engage in the harvest of protected wild animals or wild plants by the use of methods, at times or at locations not authorized by this ordinance on such terms and conditions as it deems appropriate.

CSV.2.3.080 Seasons

No member shall engage in the exercise of off-reservation treaty rights regulated by this ordinance, except during the respective seasons established pursuant to this ordinance.

CSV.2.3.090 Possession of Wild Plants or Wild Animals During Closed Season

No member shall have in his or her possession or under his or her control at any time any wild plant or wild animal, or the carcass or any part thereof, showing that the same has been taken off-reservation during the closed season for such plant or animal.

CSV.2.3.100 Bag Limits; Possession Limits

No member while off reservation shall have in his or her possession or under his or her control any wild plant or wild animal in excess of the bag or possession limits, or above or below the size limits for any wild animal as established by this ordinance, except that wild plants or wild animals harvested on-reservation, if properly tagged or identified in a manner determined sufficient by the tribal conservation department as having been harvested on-reservation shall not be subject to the bag, possession or size limits established by this ordinance. The possession of or control of wild plants or wild animals not so identified or tagged as part of an on-reservation harvest shall be rebuttably presumed to be part of the applicable off-reservation bag or possession limit.

CSV.2.3.110 Waters Partially on a Reservation

The provisions of this ordinance shall apply to the off-reservation portions of any waters located partially on the Tribe's reservation.

CSV.2.3.120 Sharing of Permits and Tags

Except as otherwise provided in this ordinance, no member shall lend, share, give, sell, barter or trade, or offer to lend, share, give, sell, barter or trade to any person any identification document, permit or tag issued by the Tribe pursuant to this ordinance.

CSV.2.3.130 Harvesting with Another's Permit Prohibited

Except as otherwise provided in this ordinance, no member shall hunt, fish, trap or gather any wild animal or wild plant while in possession of any permit or tag issued to another.

CSV.2.3.140 Shining Animals

(a) Definitions. As used in this ordinance:

(1) "Flashlight" means a battery operated light designed to be carried and held by hand.

(2) "Light" means flashlights, automobile lights and other lights, which may include but is not limited to high-powered lights, helmet lights, scope lights, thermal imaging lights, infrared lights, or lights mounted on a firearm, bow or crossbow.

(3) "Point of Kill" means the location at which a light is used to illuminate and kill a wild animal whose position or location is known by the hunter.

(4) "Shining" means the casting of rays of light on a field, forest, or other area for the purpose of searching for, illuminating, locating, or attempting to search for, illuminate or locate wild animals.

(5) "Safe Zone of Fire" means the area and direction in which a hunter may safely discharge a weapon.

(6) "Stationary" means not moving.

(b) Presumption. A person casting the rays of light on a field, forest or other area which is frequented by wild animals is rebuttably presumed to be shining wild animals.

(1) Prohibition. Except as otherwise provided in Section CSV.2.3.140(c)(2), no member shall use or possess with intent to use a light for shining wild animals while the member is hunting or in possession of a firearm, bow and arrow or crossbow.

(2) Exceptions. This subsection shall not apply to:

(A) a member who possesses a light or who uses a light while hunting pursuant to the express provisions of this ordinance which allow shining within an established safe zone of fire from a stationary position during the open season for the animals hunted;

(B) a member who possesses a flashlight or who uses a flashlight at the point of kill while hunting on foot pursuant to the express provisions of this ordinance which allow shining during the open season for the animals hunted;

(D) a person authorized to enforce the provisions of this ordinance on official business;

(E) an employee of the Tribe or the Commission on official business;

(F) a person authorized by the Tribe or the Commission to conduct a game census;

(G) if the Tribal Governing Board specifically permits a member to use or possess a light for shining wild animals during these times;

(H) a member engaged in hunting authorized by Section CSV.2.6.200 of this ordinance; or

(I) a member engaged in fishing authorized by Section CSV.2.9.060 of this ordinance.

(d) Shining Wild Animals After 10 P.M. During Certain Times of the Year Prohibited.

(1) Prohibition. Except as otherwise provided in Section CSV.2.3.140(d)(2), no member shall use or possess with intent to use a light for shining wild animals between 10 p.m. and 7 a.m. from the day after labor day to the first Sunday following New Year's Day or as otherwise provided by a GLIFWC Commission Order.

(2) Exceptions. This subsection shall not apply to:

(C) a member who possesses a flashlight or who uses a flashlight while on foot and training a dog to track or hunt raccoons, foxes or other unprotected animals;

(D) a member who possesses a light or who uses a flashlight to find their way;

(E) a person authorized to enforce the provisions of this ordinance on official business;

(F) an employee of the Tribe or the Commission on official business;

(G) a person authorized by the Tribe or the Commission to conduct a game census; or

(H) if the Tribal Governing Board specifically permits a member to use or possess a light for shining wild animals during these times.

(I) a member engaged in hunting authorized by Section CSV.2.6.200 of this ordinance; or

(J) a member engaged in fishing authorized by Section CSV.2.9.060 of this ordinance.

CSV.2.3.150 Duties on Accidental Shooting

Any member who, while hunting any wild animal, discharges a firearm or arrow, and thereby injures or kills another person, shall forthwith give his or her name and address to such person if injured and render assistance to him or her as may be necessary and obtain immediate medical or hospital care, and shall immediately thereafter report such injury or death to the proper law enforcement authorities.

CSV.2.3.160 Failure to Report Hunting Accident

Every member who shall have caused or been involved in an accident in which another person has been injured by gunfire or by arrow while hunting or trapping, or shall have inflicted an injury upon himself or herself with a firearm or arrow while hunting or trapping, shall render or cause to be rendered a report to the tribal conservation department within ten (10) days after such injury.

CSV.2.3.170 Hunter Education Requirements and Restrictions on Hunting by Members

Under 16 years of Age .

(a)(1) Certificate of Accomplishment Required. Except as provided in Section CSV.2.3.170(a)(2), no member born on or after January 1, 1977 may hunt while possessing a firearm, bow and arrow or crossbow unless the member has been issued a certificate of accomplishment under a tribal hunter education and firearm safety course.

(2) Exceptions. A member may hunt while possessing a firearm, bow and arrow or crossbow without having been issued a certificate of accomplishment from a tribal hunter education and firearm safety course when:

(A) the member has a certificate, license or other evidence indicating that he or she has completed a hunter safety course offered by another tribe, state or province and the course is substantially similar to the Tribe's hunter safety course; or

(B) the member has successfully completed basic training in the U.S. Armed Forces, Reserves or National Guard; or

(C) the member is hunting with a mentor who meets the requirements as specified in Section CSV.2.3.170(c) and complies with the requirements as specified in Section CSV.2.3.170(b).

(b) Additional Restrictions on Hunting by Members Under 14 Years of Age.

(1) Persons Under 10 Years of Age. No member under 10 years of age may hunt while possessing a firearm, bow and arrow or crossbow.

(2) Persons 10 to 12 Years of Age. No member 10 years of age or older but under 12 years of age may hunt while possessing a firearm, bow and arrow or crossbow unless at all times while hunting, the person is a mentored hunter who meets the requirements as specified in Section CSV.2.3.170(c);

(3) Persons 12 to 14 Years of Age. No member 12 years of age or older but under 14 years of age may hunt while possessing a firearm, bow and arrow or crossbow unless he or she is accompanied by a parent, guardian or other adult member designated by a parent or guardian.

(4) Persons 14 to 16 Years of Age. No member 14 years of age or older but under 16 years of age may hunt while possessing a firearm, bow and arrow or crossbow unless he or she:

(A) is accompanied by a parent, guardian or other adult member designated by a parent or guardian; or

(B) has been issued a certificate of accomplishment under a tribal hunter education and firearm safety course or a similar certificate issued by another tribe, state or province;

(5) Parental Obligation. No parent, guardian or other member shall authorize or knowingly permit or encourage a child under 16 years of age to violate this section.

(1) Requirements for Acting as a Mentored Hunter. No member 10 years of age or older may hunt with a mentor unless all of the following requirements are met:

(A) No member shall hunt without possessing a valid tribal off-reservation natural resources harvesting permit or such other permit as this ordinance may require validated for the particular type of activity to be engaged in for the particular season in question;

(B) No member shall hunt without possessing a valid carcass tag, except as otherwise provided in this ordinance.

(D) The mentored hunter must follow all other restrictions as provided in the ordinance;

(E) A 10 and 11 year old tribal member may only hunt under these mentorship requirements, even if they already completed hunter education.

(2) Requirements for Acting as a Mentor. No adult may serve as a qualified mentor for a hunter unless all of the following requirements are met:

(A) The adult must be parent or guardian of the mentored hunter for whom he or she is serving as a mentor or is an adult member authorized by the parent or guardian to serve as a mentor.

(B) At all times while serving as mentor, the mentor must be in arm's reach of the person for whom he or she is serving as a mentor.

(C) If born on or after January 1, 1977 the mentor must have been issued a certificate of accomplishment under a tribal hunter education and firearm safety course, unless one of the exceptions as specified in Section CSV.2.3.170(a) applies.

(D) The mentor must possess a valid tribal off-reservation natural resources harvesting permit or such other license as required by law.

(3) Requirement for both the Mentored Hunter and the Mentor. Only one firearm, bow, or crossbow can be possessed jointly between the mentored hunter and the mentor.

CSV.2.3.180 Hunting While Intoxicated

(a) No member shall hunt with a firearm, bow and arrow, or crossbow while under the influence of an intoxicant or controlled substance to a degree that the member is incapable of safely using such weapon, or while a member has a blood alcohol concentration of 0.08 grams or more of alcohol per 100 milliliters of a person's blood or 0.08 grams or more of alcohol per 210 liters of a person's breath. In addition:

(1) If a member has not attained the age of 21, the member shall not hunt with a firearm, bow and arrow, or crossbow while he or she has an alcohol concentration of more than 0.0 but not more than 0.08.

CSV.2.3.190 Resisting Conservation Wardens

No member shall assault or otherwise resist or obstruct any law enforcement officer authorized to enforce the provisions of this ordinance in the performance of duty.

CSV.2.3.200 False Impersonation of Warden

No member shall falsely represent himself or herself to be a law enforcement officer authorized to enforce the provisions of this ordinance, or shall assume to act as such an officer, without having been first duly appointed.

CSV.2.3.210 General Restrictions on Hunting

(a) Hunting in Restricted Areas. No member shall:

(1) Hunt within 1700 feet of any hospital, school grounds or sanatorium where notice of this prohibition is clearly posted;

(2) While on the lands of another, discharge a firearm within 100 yards of any building devoted to human occupancy situated on and attached to the lands of another without the express permission of the owner or occupant of the building. "Building" as used in this subsection includes any house trailer or mobile home, but does not include any tent, bus, truck, vehicle or similar portable unit.

(b) Color of Clothing. During the middle deer season established pursuant to Section CSV.2.6.070(c), no member shall hunt any wild animal except waterfowl unless at least 50% of the member's outer clothing above the waist is of a highly visible color commonly referred to as hunter orange, blaze orange, fluorescent orange, flame orange, or fluorescent blaze orange.

(1) Definitions. For the purpose of this ordinance, the following terms shall be construed to apply as follows:

(A) "Encased" means enclosed in a case that is expressly made for the purpose of containing a firearm and that is completely zipped, strapped, buckled, tied or otherwise fastened with no part of the firearm exposed.

(B) "Highway" means all public ways and thoroughfares and bridges on the same. It includes the entire width between the boundary lines of every way open to the use of the public as a matter of right for the purposes of vehicular travel. It includes those roads or driveways in the state, county or municipal parks and in state forests which have been opened to the use of the public for the purpose of vehicular travel and roads or driveways upon the grounds of any elementary or high school supported by public taxation and institutions under the jurisdiction of a county board of supervisors, but does not include private roads or driveways as defined below.

(C) "Motorboat" means any boat equipped with propulsion machinery, whether or not the machinery is the principal source of propulsion and shall be distinguished from a "Non-motorized boat" which means a boat that is not a motorboat but that is designed and constructed to be used as a boat for transportation of a person or persons on water. The term, "non-motorized boat" includes, but is not limited to any canoe, sailboat, inflatable boat or similar device, row boat, raft and dinghy which is not a motorboat.

(D) "Private Road or Driveway" is every way or place in private ownership and used for vehicular travel only by the owner and those having express or implied permission from the owner and every road or driveway upon the grounds of public institutions other than elementary and high schools supported by public taxation and institutions under the jurisdiction of a county board of supervisors.

(E) "Roadway" means that portion of a highway between the regularly established curb lines or that portion which is improved, designed or ordinarily used for vehicular travel, excluding the berm or shoulder. In a divided highway the term "roadway" refers to each roadway separately but not to all such roadways collectively.

(F) "Unloaded" means having no shell or cartridge in the chamber of a firearm or in the magazine attached to a firearm.

(G) "Vehicle" means every device in, upon or by which any person or property is or may be drawn upon a highway, except railroad trains, and includes a snowmobile as defined below.

(H) "Snowmobile" means any engine driven vehicle of a type which utilizes sled type runners, or skis, or an endless belt tread or any combination of these or similar means of contact with the surface upon which it is operated, but does not include such vehicles which are either manually propelled or driven by a motor of 4 horsepower or less and operated only on private property.

(I) "Stationary" means not moving, regardless of whether the motor is running.

(2) Prohibitions; Motorboats and Vehicles; Highways and Roadways.

(A) Except as provided in Section CSV.2.3.210(c)(3), no member shall place, possess, or transport a firearm, bow or crossbow in or on a motorboat with the motor running, unless one of the following applies:

(i) The firearm is unloaded.

(ii) The bow does not have an arrow nocked.

(iii) The crossbow is not cocked or is unloaded and enclosed in a carrying case.

(B) Except as provided in Section CSV.2.3.210(c)(2)(F) or Section CSV.2.3.210(c)(3), no member shall place, possess or transport a firearm, bow or crossbow in or on a vehicle, unless one of the following applies:

(i) The firearm is unloaded.

(ii) The bow does not have an arrow nocked.

(iii) The crossbow is not cocked or is unloaded and enclosed in a carrying case.

(C) Except as provided in Section CSV.2.3.210(c)(3), no member shall load or discharge a firearm or shoot an arrow from a bow or crossbow in or from a vehicle.

(D) Except as provided in Section CSV.2.3.210(c)(3), no member shall discharge a firearm or shoot an arrow from a bow or crossbow from or across a highway or within 50 feet of the center of a roadway.

(E) Except as provided in Section CSV.2.3.210(c)(3), no member shall hunt while possessing a loaded firearm or strung bow or crossbow within 50 feet of roadway's center.

(F) Except as provided in Section CSV.2.3.210(c)(3), no member shall within 1,000 feet from the grounds of a school, or in a state park, state fish hatchery, or tribally designated wildlife area, have in or on a vehicle, or in his or her possession, or under his or her control a firearm, bow or crossbow, unless the firearm is unloaded and encased or locked in a firearm rack that is on a motor vehicle or unless the bow or crossbow is unstrung or is enclosed in a carrying case.

(3) Exceptions.

(A) Section CSV.2.3.210(c)(2)(A), Section CSV.2.3.210(c)(2)(B), Section CSV.2.3.210(c)(2)(C) and Section CSV.2.3.210(c)(2)(D) shall not apply to any person authorized by Section CSV.2.4.020 to enforce the provisions of this ordinance who, in the line of duty places, possesses, transports, loads or discharges a firearm in, on or from a vehicle or motorboat or discharges a firearm from or across a highway or within 50 feet of the center of a highway.

(B) Section CSV.2.3.210(c)(2)(A), Section CSV.2.3.210(c)(2)(B) and Section CSV.2.3.210(c)(2)(F) shall not apply to a member otherwise authorized by law to place, possess, load, or transport a handgun.

(C) Section CSV.2.3.210(c)(2)(B) shall not prohibit a member from placing or possessing a firearm on a vehicle that is stationary.

(D) Section CSV.2.3.210(c)(2)(B) and Section CSV.2.3.210(c)(2)(C) shall not apply to a member in or on a stationary vehicle which is parked off a highway and parked more than 50 feet from the center of the roadway.

(E) Section CSV.2.3.210(c)(2)(B) and Section CSV.2.3.210(c)(2)(C) shall not apply to a member legally hunting from a stationary non-motorized vehicle that is not attached to a motor vehicle.

(F) Section CSV.2.3.210(c)(2)(D) and Section CSV.2.3.210(c)(2)(E) shall not apply to a member who is lawfully hunting small game with a shotgun loaded with shotshell or chilled shot number BB or smaller, if the surface of the highway or roadway is anything other than concrete or blacktop.

(G) Section CSV.2.3.210(c)(2)(B), Section CSV.2.3.210(c)(2)(C), Section CSV.2.3.210(c)(2)(A) and Section CSV.2.3.210(c)(2)(E) shall not apply to a member who possesses a valid disabled hunters permit issued pursuant to Section CSV.2.3.320 of this ordinance and who is hunting in or on a stationary vehicle in accordance with the provisions of that permit.

(H) Section CSV.2.3.210(c)(2)(F) shall not apply to a member who possesses a valid hunting permit in areas of a state park, state fish hatchery, or tribally designated wildlife area which are open to tribal hunting, therein a tribal member may uncase and load their firearm for the purpose of hunting after removing it from their vehicle at the location they will be hunting.

(d) Restrictions on Use of Bait.

(1) No member shall use bait to hunt unless such bait is confined to an area measuring no more than two (2) feet in width and two (2) feet in length.

(2) No member shall place, use or hunt over bait containing or contained within metal, plastic, glass, wood or nondegradable materials.

(3) No member shall place or hunt over bait or liquid scent within fifty (50) yards of any trail, road or campsite used by the public.

(4) No member shall use honey for bait.

(5) No member shall use any animal flesh for bait unless the member places a metal identification tag indicating the member's tribal affiliation and tribal identification number on the tree nearest the bait, at eye level, and directly facing the bait.

(6) This section shall not prohibit hunting over bait materials deposited by natural vegetation or found solely as a result of normal agricultural practices.

CSV.2.3.220 Hunting with Aircraft Prohibited

No member shall hunt with the aid of an airplane, including the use of an airplane to spot, rally or drive wild animals for hunters on the ground.

CSV.2.3.230 Pivot Guns and Similar Devices Prohibited

No member shall place, operate or attend, spread, or set any net (except as authorized for fishing pursuant to Subchapter CSV.2.9), pitfall, spring gun, pivot gun, swivel gun, or other similar contrivance for the purpose of catching or which might catch, take or ensnare wild animals.

CSV.2.3.240 Tampering with Equipment of Another Prohibited

No member shall molest, disturb, tamper with or in any way otherwise interfere with any hunting, fishing, trapping or gathering equipment used, set or placed by another except with the owner's permission.

CSV.2.3.250 Endangered and Threatened Species Protected

Except as otherwise permitted by law, no member shall take, transport, possess, process or sell any endangered and threatened species as defined in Section CSV.2.2.010(d).

CSV.2.3.260 Records of Commercial Transactions Required

(a) Except as otherwise provided in this ordinance, no member shall sell any protected wild animal or wild plant to any person unless the member maintains a written record made within 24 hours of all transactions on forms prescribed by the Tribe indicating the amount and type of resource involved in the transaction, the parties to the transaction, and the date of the transaction.

(b) Records maintained pursuant to the requirement of Section CSV.2.3.260(a) shall be forwarded monthly to the tribal conservation department, or its designee.

CSV.2.3.270 Tribal Administrative Documents Established

(a) The following Commission documents, as they may be amended from time to time, are hereby adopted and incorporated as if fully set forth herein:

(1) Tribal Fish Refuges (Version 1: November 15, 1985);

(2) Tribal Wildlife Refuges and Closed Areas (Version 2: July, 1989);

(3) Tribal Fish Management Experiments;

(4) Tribal Management Units and Zones in the Wisconsin portion of the 1837 and 1842 Ceded Territories (Version 1.2: August 2008);

(5) Guide to the Southern Boundary of the Wisconsin portion of the 1837 and 1842 Ceded Territories (Version 4.0: August 2008);

(6) Tribal Gathering on State Lands within the Portion of the Ceded Territory Located in the State of Wisconsin – Tribal Species of Special Concern (Version 1: May 2010);

(7) Tribal Gathering on State Lands within the Portion of the Ceded Territory Located in the State of Wisconsin – Tribal Designated Use, Tribal Research and Management Areas, and Tribal Closed Areas (Version 1: May 2010);

(8) Tribal Gathering on State Lands within the Portion of the Ceded Territory Located in the State of Wisconsin – Public Lands Open to Tribal Gathering (Version 1: May 2010);

(9) Tribal State Park Hunting Opportunities in the Wisconsin portion of the 1837 and 1842 Ceded Territories (Version 1: January 2010);

(10) Designated Tribal River and Stream Segments in the Wisconsin portion of the 1837 and 1842 Ceded Territories (Version 1: January 2010);

(11) Tribal Alternative Monitoring of Walleye Harvest on Certain Lakes in the Wisconsin portion of the 1837 and 1842 Ceded Territories (Version 1: January 2010); and

(12) Tribal Disease Management Areas within the Wisconsin portion of the 1837 and 1842 Ceded Territories (Version 1: November 2012);

(13) Waters Regulated for Tribal Wild Rice Harvesting.

(b) No member shall fail to comply with the closures and other restrictions established by the documents adopted by Section CSV.2.3.270(a).

CSV.2.3.280 Unprotected Species

Except as otherwise expressly provided, nothing in this ordinance shall be construed to prohibit or regulate the off-reservation harvest of any unprotected species, as defined in Section CSV.2.2.010(l), in the ceded territory.

CSV.2.3.290 Protected Species

No member shall hunt, fish, trap or gather any of the following species: paddlefish, spoonbill catfish, marten, wolverine, badger, flying squirrel, timber wolf, lynx, cougar, elk, moose, homing pigeon or any wild bird, except those species whose harvest is specifically regulated pursuant to the provisions of this ordinance.

CSV.2.3.300 Permissible Conduct/Assistance by Non-Members

(a) Conduct which is not expressly prohibited, restricted or otherwise regulated by this ordinance shall be deemed permissible.

(b) Except as provided in Section CSV.2.3.300(c) or as otherwise provided herein, nothing in this ordinance shall be construed to prohibit a member from hunting, fishing, trapping or gathering with any other person who is not a member of a signatory tribe, provided that such other person possesses a license or is otherwise not prohibited from engaging in the activity involved and complies with the laws of the State of Wisconsin governing such activity.

(c) (a) No member shall allow any person who is not a member of a signatory tribe to assist, and no such person shall assist, in the activities authorized by this ordinance except in accordance with the provisions of this subsection, as provided in Section CSV.2.3.300(b), above, and as provided in Section CSV.2.11.120 [Open], and as provided in Section CSV.2.3.320 [Disabled Hunters Permits].

(1)(A) Except as provided in Section CSV.2.3.300(b), those persons who may assist a member shall be limited to the member's spouse, forebears, children, grandchildren and siblings.

(B) For the purposes of this subsection:

(i) "Forebears" includes only parents and grandparents.

(ii) "Siblings" includes persons who have one or both parents in common.

(2) A member may be assisted by a non-member in accordance with this subsection only if the member is physically present during the activity which constitutes assistance.

(3) Non-member "assistance" pursuant to this subsection shall be limited to the following activities:

(A) Operation of a boat during spearing;

(B) Placing or lifting a net, set pole, bank pole or setline;

(D) In hunting, all activities except the actual use of a firearm, bow and arrow or crossbow to kill an animal;

(E) In hunting deer at night, acting as a spotter and using a light to shine within an established safe zone of fire from a stationary position.

(F) In trapping and snaring all activities except the setting or placement of traps and snares;

(G) In harvesting wild rice, all activities;

(H) In harvesting plants other than wild rice and timber, all activities except the actual cutting or uprooting of the plant, or the removal of plant parts from plants left growing; and

CSV.2.3.310 Emergency Closures

(a) Notwithstanding any other provisions of this ordinance, the Director of the Biological Services Division of the Commission is hereby authorized and empowered to order the closure of the harvest activity of any species, generally or with respect to a particular location or body of water, whenever in his or her professional opinion and judgment the continuation of the harvest is likely to result in a harvest exceeding the harvest goals and quotas adopted pursuant to Section 7 of the Chippewa Intertribal Agreement Governing Resource Management and Regulation of Off-Reservation Treaty Rights in the Ceded Territory or may otherwise cause biological harm to the species involved.

(b) Every reasonable effort shall be made to consult with and obtain the approval of the Tribe prior to ordering an emergency closure, but such closure may be ordered without consultation or approval if circumstances require.

(c) An emergency closure shall become effective immediately upon issuance or at such time or date as the closure order may direct. Such closure shall be communicated to the Tribe by the best and swiftest practicable method.

(d) No member shall violate the terms, conditions, or restrictions of an emergency closure order issued pursuant to this section.

CSV.2.3.320 Disabled Hunters Permits

(a)(1) The Tribal Conservation Department is authorized to issue Disabled Hunters Permits in accordance with the provisions of this section and may impose terms and conditions on a permit as it deems appropriate that are in addition to those specified in this section.

(2) Members desiring a Disabled Hunters Permit shall apply to the Tribal Conservation Department on such forms as the Department prescribes and shall provide such information as the Department requests. The Department may deny an application if the member fails to provide the requested information.

(b)(1) No member shall hunt pursuant to this section without possessing a validly issued Disabled Hunters Permit.

(2) No member shall fail to comply with the terms and conditions of a Disabled Hunters Permit.

(c) The intent of this section is to afford a hunting opportunity to members who suffer from physical disability or impairment and who would face a significant health risk by participating in normal hunting activities or who would find it unduly burdensome or would otherwise be unable to participate in normal hunting activities.

(d) For the purposes of this ordinance, "street" means a highway [see Section CSV.2.3.210(c)(1)(B)] that is within the corporate limits of a city or village.

(e) A Disabled Hunters Permit shall authorize the holder of the permit to hunt from a stationary vehicle and to load and discharge a firearm or shoot a bow or crossbow within 50 feet of the center of a roadway provided:

(1) The roadway is part of a county highway, a town highway or any other highway that is not part of a street or of a state trunk or federal highway;

(2) The holder of the permit is not hunting to fill the permit or tag of another person;

(3) The vehicle bears special registration "handicapped" or "disabled" plates issued by the tribe, a state or other governmental entity, or displays a sign provided by the Tribal Conservation Department on which "disabled" is conspicuously written;

(4) The holder of the permit discharges the firearm or shoots a bow or crossbow away from and not across or parallel to the roadway; and

(5) The holder of a permit shall not otherwise, possess or transport a firearm, bow or crossbow in or on a moving vehicle, unless the firearm is unloaded and encased or unless the bow or crossbow is unstrung or is enclosed in a carrying case.

(f) To be eligible for a Disabled Hunters Permit, a member must otherwise be authorized to hunt pursuant to this ordinance and must submit to the Tribal Conservation Department a written statement verifying that the member suffers from a temporary or permanent disability or impairment and would face a significant health risk by participating in normal hunting activities or would find it unduly burdensome or otherwise be unable to participate in normal hunting activities.

(g) No member shall, with the intent to fraudulently obtain a Disabled Hunters Permit under this section, provide false or misleading information in applying for or otherwise seeking such permit.

(h) A member who feels that he or she has been unreasonably denied a Disabled Hunters Permit may request the Tribal Governing Board to review the decision of the Tribal Conservation Department.

(i)(1) A holder of a Disabled Hunters Permit may be assisted by any person, including one who is not eligible for a permit under this section. The assisting person shall not hunt or carry a firearm, bow or crossbow unless authorized to do so under tribal or state law.

(2) The assisting person shall not be deemed to have violated the provisions of Section CSV.2.3.210(c) [Safe Use and Transportation of Firearms and Bows] of this ordinance simply by virtue of the acts of a Disabled Hunters Permit holder in or from the assisting person's vehicle. However, should the assisting person violate any other applicable provision of the ordinance, he or she may be issued a citation accordingly. In addition, should the permit holder violate any provision of this ordinance, the assisting member may be issued a citation pursuant to Section CSV.2.4.140 [Parties to a Violation] or any other applicable section of this ordinance.

(3) The assisting person may help the Disabled Hunters Permit holder in any activity except the actual use of a firearm, bow or crossbow.

CSV.2.3.330 Technical Updates

(a) The Tribal Conservation Department is authorized to amend from time to time, this WI 1837/1842 Treaty Off-Reservation Conservation Code under the following circumstances:

(1) Basis Standard: The Voigt Final Order Stipulations and Model Code as entered into between the tribal and state parties to Lac Courte Oreilles Band, et al. v. State of Wisconsin, et al., Case No. 74-C-313 (United States District Court, Western District of Wisconsin) provide for the basis regulation standard;

(2) Technical Amendments: The Great Lakes Indian Fish and Wildlife Commission Executive Administrator may, without consultation with the State, issue a Commission Order to provide tribal members more treaty harvest opportunities in line with state harvesters subject to the Voigt Stipulations and Case parameters pertaining to the following: age restrictions, disability exemptions, method restrictions, equipment restrictions, hunting hours, season length, new places to hunt, or caliber restrictions;

(3) Other Liberalization Amendments: The Great Lakes Indian Fish and Wildlife Commission Executive Administrator may, after consultation with the State and upon agreement of the parties (where consent may not be unreasonably withheld), issue a Commission Order to provide tribal members more treaty harvest opportunities in line with state harvesters subject to the Voigt Stipulations and Case parameters pertaining to other fish and game related regulatory amendments of the Model Code;

(4) Mechanism for Amendment: A Commission Order can be administered detailing the technical amendment to be updated in the tribal off-reservation conservation code;

(5) Consultation: The Tribes agree that they will inform the State of the issuance of a Commission Order.

(6) Amendment Implementation: Unless a Tribe has adopted more restrictive measures, the regulations established above in a Commission Order shall be that Tribe's regulations as provided in that Tribe's Code.

(7) Mandatory Reversion: Each Tribe must mandatorily revert through the issuance of a subsequent Commission Order issued simultaneously with the State as if and when State regulations revert toward the basis regulation standard. If the Tribes dispute the basis for the State's reversion, they may object, in which case the formal stipulation review process should be followed.

(b) This section does not diminish the ability of either party to propose formal stipulation amendments and the process for achieving these amendments.

Subchapter CSV.2.4 Enforcement

Legislative History

This version of the code was originally adopted on pursuant to Lac Courte Oreilles Tribal Governing Board Resolution No. 90-62 on September 4, 1990.

CSV.2.4.010 Hearings in Tribal Court

CSV.2.4.020 Enforcement by Deputized Conservation Wardens

Any provision of this ordinance may be enforced by wardens of the tribal conservation department or by wardens of the Commission. Said Commission wardens are hereby deputized by the Tribe as tribal conservation wardens for the purpose of enforcing this ordinance.

CSV.2.4.030 Enforcement by Wisconsin Department of Natural Resources Wardens

Wardens and Deputy Wardens of the Wisconsin Department of Natural Resources are hereby empowered to enforce the provisions of this ordinance and to institute proceedings in the tribal court by use of citation forms of that Department as described in Wis. Stat. Section 23.54 or to refer the matter to appropriate tribal or Commission wardens or the tribal prosecutor for further investigation or action.

CSV.2.4.040 Search and Seizure; When Authorized

CSV.2.4.050 Investigations and Citations

(a) Any person authorized to enforce the provisions of this ordinance may.

(1) Subject to Section CSV.2.4.050(b), conduct routine inspections of vessels, boats, wagons, trailers, automobiles, vehicles, snowmobiles, containers, packages, and other receptacles contained therein, utilized by a person in a harvest activity authorized by this ordinance and of records of commercial transactions required under Section CSV.2.3.260 which have not yet been forwarded to the tribal conservation department, or its designee;

(2) Execute and serve warrants and other process issued by the tribal court in accordance with applicable law;

(3) Stop and board any boat and stop any automobile or other vehicle pursuant to Section CSV.2.4.050(a)(1) or if the person reasonably suspects there is a violation or breach of this ordinance;

(4) With or without a warrant, open, enter and examine vessels, boats, wagons, trailers, automobiles, vehicles, snowmobiles, and packages and other receptacles contained therein, in which the person has probable cause to believe that contraband wild plants or wild animals, or carcasses or part thereof, may be contained or pursuant to Section CSV.2.4.050(a)(1);

(5) Issue a citation on a form approved by the Tribe or tribal court to any person whose conduct is regulated by the provisions of this ordinance upon reasonable belief that such person has violated or breached a provision of this ordinance; and

(b) The inspections authorized by Section CSV.2.4.050(a)(1) shall be conducted in a manner and at such times and locations as are reasonable and appropriate in the ordinary course of routine enforcement activities.

CSV.2.4.060 Members of Other Tribes, Tribal Court Adjudications

The tribal court is authorized to adjudicate alleged violations by any member of a signatory tribe of any off-reservation conservation code of that Tribe provided:

(a) The relevant provisions of such ordinance are in essential conformance with the parallel provisions of this ordinance; and

(b) The other Tribe has authorized the adjudication.

CSV.2.4.070 Registration Information

Tribal and Commission wardens are hereby empowered to request and receive from tribal tag and permit issuance stations and harvest registration stations information regarding tag and permit issuance and harvest registration.

CSV.2.4.080 Penalties

Any person who, for himself or herself, or by his or her agent, servant or employee, or who as an agent, servant or employee of another, violates this ordinance, shall be liable as follows:

(a) For all violations for which no other amount is specified, a civil remedial forfeiture of not more than $5,000.00;

(b) For any violation, a revocation or suspension of off-reservation hunting, fishing or gathering privileges for a period of time within the discretion of the court;

(c) For any violation, a civil remedial forfeiture of any property, including boats, motors, vehicles, hunting or fishing equipment, or other property, used in the commission of the violation of this ordinance;

(d) For all violations, the court may order a natural resources assessment not to exceed 75% of the amount of the civil remedial forfeiture; and

(e) For all violations, appropriate court costs within the discretion of the court.

CSV.2.4.090 Enhancement of Forfeiture and Penalties

Upon conviction of any member for a violation of this ordinance when such person has been convicted of a previous violation of this ordinance within a period of one year, the court may enhance any civil remedial forfeiture or other penalty as the court deems appropriate.

CSV.2.4.100 Civil Damages

In addition to any other penalty allowed by this ordinance, the tribal court may award to the Tribe or, in addition to an action to impose penalties, the Tribe may bring a civil action for recovery of, damages against any person unlawfully killing, wounding, catching, taking, trapping, or having unlawfully in possession any of the following named protected wild plant, wild animals, or any part thereof, and the sum assessed for damages for each wild plant or wild animal, shall not be less than the amount stated in this section:

(a) Any endangered and threatened species protected under this ordinance, $875.00.

(b) Any fisher, prairie chicken or sand hill crane, $262.50.

(d) Any bobcat, cougar, fox, beaver or otter, $87.50.

(e) Any coyote, raccoon or mink, $43.75.

(f) Any sharptail grouse, ruffed grouse, spruce grouse, wild duck, coot, wild goose or brant, $26.25.

(g) Any pheasant, Hungarian partridge, bobwhite, quail, rail, Wilson's snipe, woodcock or shorebird, or protected song bird or harmless bird, $17.50.

(h) Any muskrat, rabbit or squirrel, $8.75.

(i) Any muskellunge or rock or lake sturgeon, $43.75.

(j) Any largemouth or smallmouth bass, $26.25.

(k) Any brook, rainbow, brown, or steelhead trout, $26.25.

(l) Any walleye, northern pike, or any other game fish not mentioned in pars. (9) to (11), $8.75.

(m) Any wild animal or wild plant not mentioned in pars. (2) to (8), $17.50.

CSV.2.4.110 Seized Wild Animals and Wild Plants

No wild animal or wild plant seized pursuant to this ordinance shall be returned to a convicted violator, his or her immediate family, or other member of the hunting, fishing or gathering party.

CSV.2.4.120 Schedule of Money Penalties; No Contest

CSV.2.4.130 Collection of Money Penalties

CSV.2.4.140 Parties to a Violation

(a) Whoever is concerned in the commission of a violation of this ordinance shall be deemed a principal and may be charged with the violation although he or she did not directly commit it and although the person who directly committed it has not been convicted of the violation.

(b) A person is concerned in the commission of the violation if the person:

(1) directly commits the violation;

(2) aids or abets the commission of it; or

(3) is a party to a conspiracy with another to commit it, or advises, hires, or counsels or otherwise procures another to commit it.

CSV.2.4.150 Harvesting After Revocation or Suspension

No person whose off-reservation hunting, fishing or gathering privileges have been revoked or suspended pursuant to Section CSV.2.4.080(b), shall hunt, fish, trap or gather off-reservation any wild plant or wild animal, the harvest of which is regulated by this ordinance, during such revocation or suspension.

Subchapter CSV.2.5 Wild Rice Harvesting Regulations

Legislative History

This version of the code was originally adopted on pursuant to Lac Courte Oreilles Tribal Governing Board Resolution No. 90-62 on September 4, 1990.

CSV.2.5.010 Tribal Wild Rice Authority

(a) Creation. There hereby is created a Tribal Wild Rice Authority which shall have the powers and duties enumerated in this subchapter.

(b) Definition. As used in this subchapter, "Tribal Wild Rice Authority" shall mean the individuals named by the Tribal Governing Board to act in the manner of the traditional Rice Chiefs for the purposes of implementing the provisions of this subchapter and of regulating the harvest and conservation of wild rice.

(1) Designate the open and closed dates for harvesting wild rice growing within the ceded territory by posting notice of the open dates on the shores of and at places of access to such waters and at the tribal conservation department and by notifying the Commission's Biological Services Division at least 24 hours before such open dates;

(2) For conservation purposes, establish a closed season on any body of water for which no closed season is established by the Commission's Biological Services Division pursuant to Section CSV.2.5.060(a)(1); and

(3) Establish a year-round open season as circumstances may allow on any body of water for which a closed season has been established pursuant to Section CSV.2.5.010(c)(2) or Section CSV.2.5.060(a)(1).

(d) Sufficient Notice of Opening Dates. The posting of an open date for harvesting wild rice pursuant to Section CSV.2.5.010(c)(1) shall be deemed sufficient notice of such opening date and no other publication thereof is required.

(e) Consultation Required.

(1) In exercising its powers and duties under Section CSV.2.5.010(c), the Tribal Wild Rice Authority shall consult with and obtain the advice and recommendations of the Tribal Governing Board, the tribal conservation department and the Commission's Biological Services Division.

(2) The Tribal Wild Rice Authority shall not open any body of water for which a closed season has been established pursuant to Section CSV.2.5.060(a)(1) without first consulting with the Wisconsin Department of Natural Resources or prior to the opening date of the corresponding season provided by the laws of the State of Wisconsin.

CSV.2.5.020 Permit Required

No member shall harvest or gather wild rice pursuant to this ordinance without possessing a valid wild rice harvesting permit issued by the tribal conservation department. No wild rice harvest permit is required of helpers of a permittee who participate only in shore operations.

CSV.2.5.030 Sale of Wild Rice Authorized

(a) Nothing in this ordinance shall be construed to prohibit members from selling wild rice legally harvested pursuant to this ordinance.

(b) The provisions of Section CSV.2.3.260 [Records of Commercial Transactions Required] shall not apply to the sale of wild rice.

CSV.2.5.040 Allowable Methods

(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 38 inches in length and which are held and operated by hand.

(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.

CSV.2.5.050 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.

CSV.2.5.060 Open Season

(a) There is no closed season for the harvest of wild rice on any body of water except for the following:

(1) Any body of water listed in the Commission document entitled Waters Regulated for Tribal Wild Rice Harvesting, as it may be amended from time to time, which is hereby adopted and incorporated as if fully set forth herein; and

(2) Any other body of water for which the Tribal Wild Rice Authority has established a closed season pursuant to Section CSV.2.5.010(c)(2).

(b) No member shall harvest or gather wild rice in any body of water for which there is a closed season pursuant to Section CSV.2.5.060(a), except during the time(s) as such body of water is posted open by the Tribal Wild Rice Authority pursuant to Section CSV.2.5.010(c)(1).

CSV.2.5.070 Tribal Designation of Open Waters

The bodies of water which the Tribal Wild Rice Authority shall be authorized to declare open for the harvest of wild rice shall be determined pursuant to the Chippewa Intertribal Agreement Governing Resource Management and Regulation of Off-Reservation Treaty Rights in the Ceded Territory.

CSV.2.5.080 Hours

No member shall harvest or gather wild rice between sunset and the following 10:00 a.m., Central Time.

CSV.2.5.090 Harvest Monitoring

No member shall refuse to cooperate with wild rice harvest monitoring activities conducted by the Tribe or the Commission's Biological Services Division.

CSV.2.5.100 Harvest by Authorized Officials

Nothing in this subchapter shall prohibit or preclude the tribal conservation department, 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.

CSV.2.5.110 Harvest in Certain Locations Prohibited

(a)(1) No member shall harvest or gather wild rice from any portion of a stream or flowage where the bed is privately owned.

(2) For the purposes of this section, "privately owned" means owned by a person or entity other than the Tribe, another signatory tribe, or the State of Wisconsin or its political subdivisions.

(b) No member shall harvest or gather wild rice from Wisconsin - Minnesota boundary waters as those waters are defined in Section CSV.2.13.020(b)(14) of this ordinance.

CSV.2.5.120 Assistance by Non-Members

No person who is not a member or a member of another signatory tribe shall assist a member in the gathering of wild rice pursuant to this ordinance except as provided in Section CSV.2.3.300 [Permissible Conduct/Assistance by Non-Members].

Subchapter CSV.2.6 Deer Harvesting Regulations

Legislative History

Section CSV.2.6.250 was created by Commission Order 2012-04 on November 16, 2012 and amended a second time by Commission Order 2014-01 on January 14, 2014.

Section CSV.2.6.240 was created by Commission Order 2012-04 on November 16, 2012 and amended a second time by Commission Order 2014-01 on January 14, 2014.

Section CSV.2.6.200 was amended pursuant to a ruling made by Judge Barbara Crabb on October 13, 2015, where the court approved certain regulatory changes pertaining to tribal night hunting of deer.

Section CSV.2.6.190 was amended by Commission Order 2011-04 on October 6, 2011.

Section CSV.2.6.180 was amended by Commission Order 2011-04 on October 6, 2011.

Section CSV.2.6.140 was first amended by the Voigt Intertribal Task Force on October 1, 1998. Section CSV.2.6.140 was amended a second time by the Stipulation for Technical, Management, and Other Updates: First Amendment of Stipulations Incorporated into Final Judgment and was adopted by the Voigt Intertribal Task Force on August 7, 2008. Section CSV.2.6.140 was amended a second time by the Stipulation for Technical, Management, and Other Updates: Second Amendment of Stipulations Incorporated in the Final Judgment and was adopted by the Voigt Intertribal Task Force on October 7, 2010.

Section CSV.2.6.130 was amended by Commission Order 2011-04 on October 6, 2011.

Section CSV.2.6.120 was amended by the Stipulation for Technical, Management, and Other Updates: First Amendment of Stipulations Incorporated into Final Judgment and was adopted by the Voigt Intertribal Task Force on August 7, 2008. Section CSV.2.6.120 was amended a second time pursuant to a ruling made by Judge Barbara Crabb on October 13, 2015, where the court approved certain regulatory changes pertaining to tribal night hunting of deer.

Section CSV.2.6.100 was amended by the Stipulation for Technical, Management, and Other Updates: First Amendment of Stipulations Incorporated into Final Judgment and was adopted by the Voigt Intertribal Task Force on August 7, 2008.

Section CSV.2.6.070 was amended by the Stipulation for Technical, Management, and Other Updates: First Amendment of Stipulations Incorporated into Final Judgment and was adopted by the Voigt Intertribal Task Force on August 7, 2008.

Section CSV.2.6.060 was first amended by the Voigt Intertribal Task Force on November 5, 1999. Section CSV.2.6.060 was amended a second time by the Stipulation for Technical, Management, and Other Updates: First Amendment of Stipulations Incorporated into Final Judgment and was adopted by the Voigt Intertribal Task Force on August 7, 2008. Section CSV.2.6.060 was amended a third time by Commission Order 2012-04 on November 16, 2012 and a fourth time by Commission Order 2014-01 on January 14, 2014.

Section CSV.2.6.050 was amended by the Stipulation for Technical, Management, and Other Updates: First Amendment of Stipulations Incorporated into Final Judgment and was adopted by the Voigt Intertribal Task Force on August 7, 2008. Section CSV.2.6.050 was amended a second time by Commission Order 2011-04 on October 6, 2011.

Section CSV.2.6.030 was amended by the Stipulation for Technical, Management, and Other Updates: First Amendment of Stipulations Incorporated into Final Judgment and was adopted by the Voigt Intertribal Task Force on August 7, 2008. Section CSV.2.6.030 was amended a second time by the Stipulation for Technical, Management, and Other Updates: Second Amendment of Stipulations Incorporated in the Final Judgment and was adopted by the Voigt Intertribal Task Force on October 7, 2010.

Section CSV.2.6.010 was amended pursuant to a ruling made by Judge Barbara Crabb on October 13, 2015, where the court approved certain regulatory changes pertaining to tribal night hunting of deer.

This version of the code was originally adopted on pursuant to Lac Courte Oreilles Tribal Governing Board Resolution No. 90-62 on September 4, 1990.

CSV.2.6.010 Definitions

For the purposes of this ordinance, the following terms shall be construed to apply as follows:

(a) "Adequate Backstop" means earthen terrain that will stop discharged projectiles under hunting circumstances, considering a reasonable margin of error. The maximum distance that an adequate backstop should be from the member's established stationary position at night is one-hundred twenty-five (125) yards pursuant to Section CSV.2.6.200(e) of this ordinance.

(b) "Antlerless deer" means a deer not having at least one antler of at least 3 inches in length.

(c) "Bow" means any hunting instrument designed for the purpose of propelling arrows which is drawn and held by and through the efforts of the person releasing, but does not include crossbow.

(d) "Crossbow" means any device using a bow which, once drawn, is held solely by means other than the effort of the person firing it.

(e) "Firearm" means rifle, shotgun, handgun or other type of gun.

(f) "Flashlight" means a battery operated light designed to be carried and held by hand.

(g) "Light" means flashlights, automobile lights and other lights, which may include but is not limited to high-powered lights, helmet lights, scope lights, thermal imaging lights, infrared lights, or lights mounted on a firearm, bow or crossbow.

(h) "Point of Kill" means the location at which a light is used to illuminate and kill a wild animal whose position or location is known by the hunter.

(i) "Preapproved Shooting Plan" means a shooting plan that is inspected and approved to be in compliance with the requirements of Section CSV.2.6.010(e), by the tribal conservation department or a Commission warden. In the inspection and approval of a shooting plan, the tribal conservation department or a Commission warden shall ensure that there are at a maximum only two shooting plans approved per forty (40) acre parcel or every two hundred twenty (220) yards.

(j) "Shining" means the casting of rays of light on a field, forest, or other area for the purpose of searching for, illuminating, locating, or attempting to search for, illuminate or locate wild animals.

(k) "Safe Zone of Fire" means the area and direction in which a hunter may safely discharge a weapon. The maximum safe zone of fire range that a hunter may establish on a shooting plan is 180°. In all instances, the member(s) must comply with the shooting plan requirements established pursuant to Section CSV.2.6.200(e) of this ordinance.

(l) "Stationary" means not moving.

CSV.2.6.020 Open and Closed Season

(a) A closed season is hereby established for the hunting of deer except for the open season specified in Section CSV.2.6.070.

(b) Except as otherwise expressly provided by this ordinance, no member shall hunt deer off-reservation in the ceded territory during the closed season.

CSV.2.6.030 Number of Antlerless Deer Available for Harvest

(a) Unless a tribal antlerless deer quota system is triggered by the provisions of Section CSV.2.6.030(b) of this section, there shall be no limit on the number of antlerless deer available for harvest under this ordinance.

(b) The Commission's Biological Services Director, or his or her designate, is hereby delegated the authority to implement the provisions of Section XI.A of the Stipulation for Technical, Management and other Updates: Second Amendment of Stipulations Incorporated Into Final Judgment [hereafter referred to in this section as "Stipulation"] entered into between the tribal and state parties in Lac Courte Oreilles Band, et al. v. State of Wisconsin, et al., Case No. 74-C-313 (United States District Court, Western District of Wisconsin) regarding the implementation of a quota management system for antlerless deer.

(c) When a tribal antlerless deer quota is required in a particular tribal deer management unit, the number of antlerless deer which shall be available for harvest in each deer management unit pursuant to this ordinance for each twelve month period commencing July 1 and ending June 30 shall be limited to the number established pursuant to the Chippewa Intertribal Agreement Governing Resource Management and Regulation of Off-Reservation Treaty Rights in the Ceded Territory. For the purposes of this ordinance, this number shall be termed the tribal quota.

(d) When a tribal antlerless deer quota is required, no member shall hunt antlerless deer in any deer management unit which has been closed to further antlerless deer hunting pursuant to Section CSV.2.6.210.

(e) Deer Management Units as set forth in the Commission's document entitled Tribal Management Units and Zones in the Wisconsin portion of the 1837 and 1842 Ceded Territories that is incorporated into this ordinance pursuant to Section CSV.2.3.270 are hereby established.

CSV.2.6.040 Number of Antlered Deer Available for Harvest

There shall be no limit on the number of antlered deer available for harvest under this ordinance.

CSV.2.6.050 Deer Hunting Permits/Tags

(a) No member shall hunt deer pursuant to this subchapter without possessing a valid deer hunting permit approved by the Tribe. Such a permit may be the member's tribal identification card required by Section CSV.2.3.020(b).

(b)(1) No member shall hunt deer without possessing a valid carcass tag, except as provided in Section CSV.2.6.110 [Group Deer Hunting].

(2) The tribal conservation department shall issue no more than four (4) carcass tags at one time to a member except as authorized in Section CSV.2.6.190 [Level 2 Commercial Harvest].

(c) No antlerless deer permits are necessary, except when an antlerless deer harvest threshold was reached in the previous year and a quota has been declared pursuant to Section CSV.2.6.030 of this ordinance.

(1) When necessary, no member shall hunt antlerless deer without a valid antlerless deer permit bearing the number of the member's carcass tag(s) and valid for the date on which the member is hunting, except as provided in Section CSV.2.6.110 [Group Deer Hunting].

(2) When necessary, no member shall hunt antlerless deer pursuant to Section CSV.2.6.180 [Level 1 Commercial Harvest] without possessing a valid level 1 commercial antlerless deer harvest permit indicating the level 1 antlerless deer harvest zone in which the member may hunt.

(d) When necessary, no antlerless deer permits shall be considered valid for any deer management unit:

(1) which is shown to be closed on the permit;

(2) for which the permit is marked as invalid;

(3) on which any deer management unit number has been slit, punched through or otherwise crossed out in any fashion; or

(4) with respect to a level 1 commercial harvest antlerless deer permit, which lies outside the level 1 commercial harvest zone in which the member is authorized to hunt.

(e) No member shall move or field dress a deer before affixing to it a valid carcass tag.

(f) No member shall move or field dress an antlerless deer without making a slit or punch on the antlerless deer permit, when antlerless deer permits are necessary, through the number of the deer management unit in which the deer has been killed.

(g)(1) Except as otherwise provided in this ordinance, antlerless deer permits, when necessary, shall be valid for three distinct permit periods:

(A) Day after Labor Day to November 15;

(B) November 16 to December 1; and

(2) The tribal conservation department shall not issue an antlerless deer permit, when necessary, prior to the first day of the permit period for which the permit will be valid, except:

(A) a permit may be issued no more than 7 days prior to the regular deer season established pursuant to Section CSV.2.6.070; and

(B) a permit may be issued no more than 24 hours prior to the start of the middle deer season established pursuant to Section CSV.2.6.070.

(h) When necessary, the number of antlerless deer permits, including commercial harvest antlerless permits issued pursuant to Section CSV.2.6.180 [Level 1 Commercial Harvest] and Section CSV.2.6.190 [Level 2 Commercial Harvest], which may be issued at any one time for a deer management unit during an antlerless deer permit period shall be determined in accordance with the procedures and methods approved pursuant to the Chippewa Intertribal Agreement Concerning Resource Management and Regulation of Off-Reservation Treaty Rights in the Ceded Territory, and the Voigt Intertribal Task Force Protocol Noodawaawaashkeshiwe (Antlerless Deer Harvest) Levels and State Park Hunter Density Levels, which was adopted on May 26, 1989 and amended on August 7, 2008 and October 7, 2010, pursuant to that Agreement.

CSV.2.6.060 Deer Registration

(a) A member who has killed a deer pursuant to this ordinance, or, in the instance of group hunting [Section CSV.2.6.110], whose carcass tag has been placed on the deer, shall register the deer by presenting it to a tribal registration station no later than 5:00 p.m. of the third working day after the killing, except as described in the following comprehensive tribal document. The document described below may be amended from time to time, and is hereby adopted and incorporated in this ordinance as if fully set forth herein. No member shall fail to comply with the closures and other restrictions established by this document:

Tribal Disease Management Areas within the Wisconsin portion of the 1837 and 1842 Ceded Territories, Version 1: [November 2012].

(b) Upon registering a deer 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) When antlerless deer permits are necessary, a member registering an antlerless deer shall surrender his or her antlerless deer permit upon registration of the deer.

(d) A member registering a deer shall provide the registering official with the following information: the type of deer (antlered or antlerless) taken, the management unit and county where the deer was taken, the date when the deer was taken, the tribal identification number of the member taking the deer and any other relevant information requested by the registering official.

(e) No member shall register a deer except by presenting the whole carcass to the registering official or, in the alternative, by presenting the head of a carcass (except as provided in Section CSV.2.6.180 and Section CSV.2.6.190 [Registration of Deer for Commercial Purposes]) provided the carcass tag is firmly affixed to the head 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) Any tribal or Commission warden authorized pursuant to Section CSV.2.4.020 to enforce the provisions of this ordinance is authorized to register deer in the field provided such warden transmits all registering information to a tribal registration station no later than the registration deadline established by Section CSV.2.6.060(a), above.

CSV.2.6.070 Deer Seasons; Specific Regulations

All dates given in this section are inclusive.

(a) Closed Season. No member shall hunt deer from the first Monday following New Years Day to Labor Day.

(b) Regular Season.

(1) An annual regular firearm, bow and crossbow season is hereby established beginning on the day after Labor Day and ending on the first Sunday following New Years Day or as otherwise provided by a GLIFWC Commission Order, except:

(A) For Metropolitan Herd Control Units in the ceded territory, the annual regular firearm, bow and crossbow season is hereby extended to the last day in January or as otherwise provided by a GLIFWC Commission Order.

(2) The regular deer season shall close at the end of hunting hours on the Friday preceding the Thanksgiving Day holiday and shall remain closed for the duration of the middle season established below at which time it shall reopen.

(1) An annual middle firearm, bow and crossbow deer season is hereby established beginning on the Saturday preceding the Thanksgiving day holiday and continuing for at least nine (9) consecutive days.

(2) The middle deer season shall automatically extend beyond nine (9) consecutive days if the State of Wisconsin extends its regular gun deer season beyond nine (9) days and shall remain open for the duration of the State's extended season.

(3) During the middle season, no member shall:

(A) Fail to comply with the provisions of Section CSV.2.3.210(b) [Blaze Orange Required];

(B) Hunt without a tribally-furnished back tag attached to the center of the member's outermost garment where it can clearly be seen; or

(C) Fail to comply with any of the restrictions or requirements generally applicable to deer hunting pursuant to this ordinance.

(d) Emergency Closure. Nothing in this section shall be construed to authorize deer hunting or the opening of a deer hunting season contrary to an Emergency Closure Order issued pursuant to Section CSV.2.3.310 [Emergency Closure].

CSV.2.6.080 Permissible Methods

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

CSV.2.6.090 Firearms Restrictions

No member shall hunt deer:

(a) With a .22 rimfire rifle, 5 mm rimfire rifle, or .17 caliber centerfire rifle;

(b) With a 410 bore shotgun;

(c) With any handgun except a handgun which is loaded with .357, .41 or .44 magnum caliber handgun chambered or commercially manufactured cartridges which produce a minimum muzzle energy of 1000 ft-lbs. and which has a minimum barrel length of 5.5 inches measured from the muzzle of the firing pin with the action closed;

(d) With any shell, cartridge or ammunition known as tracer shells, or with incendiary shells or cartridges (NOTE: Distress flares are exempt from this section);

(e) With shot shells containing shot of a size less than 12 gauge "00" buckshot.

CSV.2.6.100 Bow/Crossbow Restrictions

No member shall hunt deer:

(a) With a bow having a pull of less than 30 pounds or using an arrow that does not have a broadhead; or

(b) With a crossbow unless the crossbow:

(1) is fired from the shoulder;

(2) has a minimum draw weight of 100 pounds, except;

(A) compound bows equipped with a draw-lock type mechanism that holds the bow at full draw are exempt from the 100 pound draw requirement (30 pound minimum still applies [Section CSV.2.6.100(a)]).

(3) has a stock of not less than 30 continuing inches in length;

(4) has a working safety; and

(5) is used with arrows or bolts of not less than 14 inches with a broadhead.

CSV.2.6.110 Group Deer 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 deer hunting party" means 2 or more members lawfully hunting deer in a group under this ordinance.

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

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

(2) The member for whom the deer is killed possesses a current unused deer carcass tag, and, if the deer is an antlerless deer, an antlerless deer permit valid for the unit in which the deer is killed.

(c) A member who kills a deer under Section CSV.2.6.110(b) shall ensure that a member of his or her group deer hunting party without delay attaches a deer carcass tag to the deer prior to moving or field dressing it. No member who kills a deer while group hunting shall leave the deer unattended until after it is properly tagged.

CSV.2.6.120 Hunting Hours

(a) No member shall hunt deer except during the following hours (dates and times are inclusive and all times refer to Central Standard Time and should be adjusted one hour as necessary to account for Daylight Savings Time):

(1) The day after Labor Day - close of the deer "regular season;" One-half hour before sunrise to 20 minutes after sunset or as otherwise provided by a GLIFWC Commission Order, except as provided in Section CSV.2.6.200 of this ordinance.

(b) Lawful deer hunting hours shall be determined in accordance with the Tribal Hunting Hours Zone/Table attached to this ordinance after Subchapter CSV.2.14.

CSV.2.6.130 Transportation

No member shall transport any deer in or on any motor driven vehicle prior to registration unless the deer is carried in such manner that the tag attached to the deer cannot be handled or manipulated by any occupant of the vehicle.

CSV.2.6.140 Hunting on Certain Public Lands Prohibited

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

(a) Designated public campgrounds, public beaches, and public picnic areas.

(b) School forests, public landfills and public gravel pits where deer hunting is prohibited and where notice of the prohibition is clearly posted.

(1) which are designated for bow and gun deer hunting; or

(2) which are designated for bow deer hunting.

(d) All state parks except as described in the following comprehensive tribal document as it may be amended from time to time, and is hereby adopted and incorporated in this ordinance as if fully set forth herein, and no member shall fail to comply with the closures and other restrictions established by this document:

Tribal State Park Hunting Opportunities in the Wisconsin portion of the 1837 and 1842 Ceded Territories (Version 1: January 2010).

(e) All wildlife refuges and closed areas as established pursuant to Section CSV.2.3.270, except as deer hunting is permitted in those areas.

CSV.2.6.150 Hunting on Certain Private Lands Prohibited

No member shall hunt deer on any privately-owned land except those lands which, pursuant to Chapter 77.16, Wis. Stats., have been designated as Forest Croplands or Open Managed Forest Lands.

CSV.2.6.160 Sale of Deer and Deer Parts

(a) Head, Skin and Hooves. Nothing in this ordinance shall be construed to prohibit any member from selling to any person the head, skin and hooves, when severed from the rest of the carcass, of any deer lawfully killed pursuant to this ordinance.

(b) Meat. No member shall sell the meat of any deer killed pursuant to this ordinance, except in accordance with the provisions of Section CSV.2.6.170, Section CSV.2.6.180, and Section CSV.2.6.190.

CSV.2.6.170 Sale of Deer Meat to Members

(a) Purpose. The purpose of this section is to regulate the sale of deer meat to members of signatory tribes where subsequent sale or resale of the meat to non-members is prohibited. Nothing in this ordinance shall be construed to limit the number of deer, or parts thereof, which may be sold to such members pursuant to this section.

(b) Sale to Members. Any member who has lawfully harvested and registered a deer pursuant to this ordinance may sell the carcass, or any part thereof, of the deer to any other member provided no member who receives a carcass or any part thereof pursuant to this subsection or pursuant to Section CSV.2.6.170(c) shall sell the carcass or part thereof to any person who is not a member of a signatory tribe.

(c) Sale to Members of Other Tribes. Any member who has lawfully harvested and registered a deer pursuant to this ordinance may sell the carcass, or any part thereof, of the deer to a member of a signatory tribe provided that such other tribe prohibits its member who receives a carcass or any part thereof pursuant to this subsection from selling the carcass or part thereof to any person who is not a member of a signatory tribe.

(d) General Permit/Registration Provisions Unaffected. The provisions of Section CSV.2.6.050 [Deer Hunting Permits/Tags], including the requirements of Paragraph 5 of the Voigt Intertribal Task Force Protocol Noodawaawaashkeshiwe (Antlerless Deer Harvest) Levels and State Park Hunter Density Levels, which was adopted on May 26, 1989 and amended on August 7, 2008 and October 7, 2010, and of Section CSV.2.6.060 [Deer Registration] are not affected by the provisions of this section.

CSV.2.6.180 Level 1 Commercial Harvest Established and Regulated

(a) Purpose. The purpose of this section is to establish the regulations governing the harvest and registration of no more than 10 deer the meat of which may be sold pursuant to this ordinance when subsequent sale or resale of the meat to non-members is contemplated.

(b) Effective Date.

(1) The provisions of this section shall not take effect until such time as the Tribal Governing Board specifically declares them effective by an enabling resolution.

(2) No member shall sell any deer meat pursuant to this section prior to the effective date as declared by the Tribal Governing Board in accordance with Section CSV.2.6.180(b)(1).

(c) Level 1 Commercial Harvest Generally. A member who, between July 1 and June 30, has lawfully harvested deer pursuant to this ordinance may register no more than 10 of those deer for level 1 commercial purposes and may sell to any person only the whole carcasses (except for the heads, skins and hooves) of any of those deer, provided the member:

(1) complies with the level 1 commercial harvest provisions of this section;

(2) complies with the terms and conditions of the enabling resolution of the Tribal Governing Board enacted pursuant to Section CSV.2.6.180(b)(1); and

(3) otherwise complies with the provisions of this ordinance applicable to deer hunting.

(d) Antlered Deer Level 1 Commercial Harvest.

(1) A member may register pursuant to this subsection an antlered deer lawfully harvested in any deer management unit.

(2) When registering an antlered deer under this subsection, a member shall present the entire deer carcass for registration and no registering official shall register a deer under this subsection unless the entire carcass is presented for registration.

(3) A member may register an antlered deer under this subsection at any tribal registration station or with any person authorized to register deer in the field at which time the registering official shall affix a level 1 commercial harvest registration tag to the carcass.

(4) This subsection is not intended to limit a member's ability to otherwise register an antlered deer under the provisions of Section CSV.2.6.060 [General Deer Registration Provisions] for noncommercial purposes but only shall serve to condition the harvest and limit the number of antlered deer which the member may register under this subsection.

(5) Except as modified by the provisions of this subsection, the provisions of

Section 2.605 [Deer Hunting Permits/Tags], including the requirements of Paragraph 5 of the Voigt Intertribal Task Force Protocol Noodawaawaashkeshiwe (Antlerless Deer Harvest) Levels and State Park Hunter Density Levels, which was adopted on May 26, 1989 and amended on August 7, 2008 and October 7, 2010, and of Section 2.606 [Deer Registration] shall apply to members desiring to register antlered deer under this subsection.

(e) Antlerless Deer Level 1 Commercial Harvest.

(1) A member may register pursuant to this subsection a lawfully harvested antlerless deer provided the provisions of this subsection have been complied with.

(2) When registering an antlerless deer under this subsection, a member shall present the entire deer carcass for registration and no registering official shall register an antlerless deer under this subsection unless the entire carcass is presented for registration.

(3) A member desiring to register an antlerless deer under this subsection for level 1 commercial purposes must obtain a level 1 commercial antlerless deer permit, when necessary, in accordance with the provisions of Section CSV.2.6.050 [Deer Hunting Permits/Tags] provided:

(A) The permit may be valid at any given time for only one of the following level 1 antlerless deer commercial harvest zones comprised of the deer management units specified:

Zone I: Units 1, 2, 3, 4, 5, 6, 7, 8, 28.

Zone II: Units 2, 4, 5, 6, 8, 9, 12, 13, 14, 17, 18, 19, 20, 23, 24.

Zone III: Units 14, 28, 29A, 29B, 30, 31, 32, 34, 35, 36, 37, 38, 39, 40, 52.

Zone IV: Units 35, 38, 39, 40, 42, 43, 44, 45, 46, 47, 48, 49, 50.

Zone V: Units 1, 2, 3, 4, 5, 6, 8, 78, 79.

Zone VI: Units 8, 9, 10, 11, 12, 15, 16, 17, 22.

Zone VII: Units 21, 22a, 25, 26, 27, 33, 57, 57a, 58, 59a, 59b, 62a; and

(B) The permit is valid for those deer management units within the level 1 antlerless deer commercial harvest zone which are open to hunting antlerless deer.

(4) A member desiring to register an antlerless deer under this subsection for level 1 commercial purposes must register the antlerless deer within and prior to leaving the antlerless deer commercial harvest zone for which an antlerless permit is valid at a tribal registration station or with a person authorized to register deer in the field.

(5) Upon registration, the registering official shall affix a level 1 commercial harvest registration tag to the carcass.

(6) This subsection is not intended to limit a member's ability to otherwise register an antlerless deer under the provisions of Section CSV.2.6.060 [General Deer Registration Provisions] for noncommercial purposes but only shall serve to condition the harvest and limit the number of deer which such member may register under this subsection.

(7) Except as modified by the provisions of this subsection, the provisions of

(f) Transfer of Entire Carcass Required. No member who has harvested and registered any antlered or antlerless deer pursuant to this section shall sell the deer without transferring the entire carcass of the deer, except for the head, skin and hooves, the registration tag, and such accompanying documents as the Tribe may require to the person to whom the deer is sold.

CSV.2.6.190 Level 2 Commercial Harvest Established and Regulated

(a) Purpose. The purpose of this section is to establish the regulations governing the harvest and registration of deer the meat of which may be sold pursuant to this ordinance where subsequent sale or resale of the meat of more than 10 deer to non-members is contemplated.

(b) Effective Date.

(1) The provisions of this section shall not take effect until such time as the Tribal Governing Board specifically declares them effective by an enabling resolution.

(2) No member shall sell any deer meat pursuant to this section prior to the effective date as declared by the Tribal Governing Board in accordance with Section CSV.2.6.190(b)(1).

(c) Level 2 Commercial Harvest Generally. A member who obtains a Level 2 Commercial harvest permit pursuant to this section and who lawfully harvests and registers deer pursuant to the permit may sell to any person only the whole carcasses (except for the head, skins and hooves) of any of those deer, provided the member:

(1) complies with level 2 commercial harvest provisions of this section;

(2) complies with the terms and conditions of the enabling resolution of the Tribal Governing Board enacted pursuant to Section CSV.2.6.190(b)(1); and

(3) otherwise complies with the provisions of this ordinance applicable to deer hunting.

(d) Level 2 Commercial Harvest Permit Application.

(1) Any member who possesses a valid deer hunting permit may apply on such forms as the Tribe may prescribe to the tribal conservation department for an additional permit authorizing the harvest of deer for level 2 commercial purposes on the terms and conditions prescribed by this section.

(2) Upon receipt of an application for a Level 2 Commercial Harvest Permit, the tribal conservation department shall inform the Tribal Governing Board, or its designate pursuant to Section CSV.2.6.190(d)(6), below, and the Commission's Biological Services Division of the application, the management unit in which the applicant seeks to hunt and such other relevant information as is included in the application.

(3) The Commission's Biological Services Division shall, when necessary, within 2 working days of the receipt of notice of the application, inform the tribal conservation department and the Tribal Governing Board, or its designate pursuant to Section CSV.2.6.190(d)(6), below, of the number of antlerless deer available for harvest pursuant to this ordinance in the management unit requested by the applicant and of the number of antlerless deer permits which may be issued for that unit in accordance with the provisions of Section CSV.2.6.050(h) [Limitations on the Number of Antlerless Deer Permits].

(4) Within 3 working days of the receipt of this information, the Tribal Governing Board, or its designate pursuant to Section CSV.2.6.190(d)(6), below, in consultation with the tribal conservation department and the Commission's Conservation Enforcement Division, shall grant or deny the application, and shall notify the applicant as soon as practicable of its decision.

(5) The decision to grant or deny the application shall be exclusively within the discretion of the Tribal Governing Board, or its designate pursuant to Section CSV.2.6.190(d)(6), below, and a decision to grant the application may impose conditions required by the tribe upon a Level 2 Commercial Harvest Permit which are more restrictive than the conditions imposed by this section.

(6) The Tribal Governing Board hereby designates its Voigt Intertribal Task Force Representative(s) to exercise its powers under this section. Any decision by such designate under this section is subject to review by the Tribal Governing Board upon request of the applicant.

(e) Terms and Conditions of a Level 2 Commercial Harvest Permit. A Level 2 Commercial Harvest Permit:

(1) subject to the provisions of Section CSV.2.6.050(h) [Limitations on Number of Antlerless Deer Permits], may authorize a member or group of members to harvest any number of antlered deer and when necessary, no more than the number of antlerless deer which remain available for harvest from the tribal quota in any one deer management unit;

(2) shall restrict the member's hunting of deer pursuant to the permit to only one deer management unit at any given time;

(3) shall require the permittee to register all deer harvested pursuant to the permit at a tribal registration station located within the management unit for which the permit is valid or within an adjoining unit provided the deer is transported directly to a registration station in that adjoining unit on federal or state highways; and

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

(f) Registration of Entire Carcass Required. When registering a deer under a Level 2 Commercial Harvest Permit, a member shall present the entire deer carcass for registration to an authorized registering official and no registering official shall register a deer under this section unless the entire carcass is presented for registration.

(g) Registration Tag Required. Upon registration, the registering official shall affix a level 2 commercial harvest registration tag to the carcass.

(h) General Tagging and Registration Requirements Unaffected. Except as modified by the provisions of this section, the provisions of Section CSV.2.6.050 [Deer Hunting Permits/Tags], including the requirements of Paragraph 5 of the Voigt Intertribal Task Force Protocol Noodawaawaashkeshiwe (Antlerless Deer Harvest) Levels and State Park Hunter Density Levels, which was adopted on May 26, 1989 and amended on August 7, 2008 and October 7, 2010, and of Section CSV.2.6.060 [Deer Registration] shall apply to members hunting pursuant to a Level 2 Commercial Harvest Permit.

(i) Transfer of Entire Carcass Required. No member who has harvested and registered any deer pursuant to this section shall sell such deer without transferring the entire carcass of such deer, except for the head, skin and hooves, the registration tag, and such accompanying registration documents as the Tribe may require to the person to whom such deer is sold.

CSV.2.6.200 Deer Night Hunting

(a) The tribal conservation department may issue permits that authorize hunting deer at night up to a maximum shooting distance of one-hundred (100) yards, by shining within an established safe zone of fire from a stationary position, between one hour after sunset and one hour before sunrise, provided that no such permit shall be effective beginning the night before the middle deer season established pursuant to Section CSV.2.6.070(c) of this ordinance until the night of the day following the middle deer season; except:

(1) No member 10 years of age or older but under 16 years of age may hunt under this section unless at all times while hunting, the person is a mentored hunter who meets the requirements of Section CSV.2.3.170(c) of this ordinance.

A member occupying a night hunting location outside of nighttime hunting hours may not: possess a loaded firearm, have a bolt in a crossbow, or possess a bow with a notched arrow from the close of "daytime" hunting hours pursuant to Section 2.612 of this ordinance until the opening of "nighttime" hunting hours (one hour after sunset) and from the close of "nighttime" hunting hours (one hour before sunrise) to the opening of "daytime" hunting hours pursuant Section 2.612 of this ordinance.

(b) No member shall hunt deer at night while shining within an established safe zone of fire from a stationary position under this section unless in possession of a signed and certified shooting plan, a tribal identification card, and a permit issued pursuant to Section CSV.2.6.200(a). Any member hunting and shining deer under this section shall be subject to all terms and conditions in this section and in the permit issued pursuant to Section CSV.2.6.200(a) as otherwise conditioned by the tribal conservation department, as well as all other provisions of this ordinance regulating hunting, unless expressly provided otherwise in this section.

(c) No member hunting deer at night while shining within an established safe zone of fire from a stationary position under this section shall:

(1) hunt deer between one hour after sunset and one hour before sunrise except with a light, which may include but is not limited to high-powered lights held by hand, helmet lights, scope lights, thermal imaging lights, infrared lights, or lights mounted on a firearm, bow or crossbow. Unless the member arrives at the specified location during daylight hours, the member must shine the established safe zone of fire and adequate backstop area prior to hunting in order to properly evaluate the contents of the night hunting location;

(2) shine deer between one hour after sunset and one hour before sunrise except within an established safe zone of fire from a stationary position, or to trail a wounded animal;

(3) discharge a firearm, bow and arrow or crossbow between one hour after sunset and one hour before sunrise except within an established safe zone of fire, in the direction detailed on the members shooting plan, from a stationary position, at a deer located with the "safe zone of fire;"

(4) hunt and shine deer between one hour after sunset and one hour before sunrise from the first Monday following New Years Day to October 31;

(5) use a firearm, bow and arrow or crossbow unless the member has received a marksmanship proficiency certificate for the particular method to be utilized;

(6) use a projectile other than one with a soft point or which is an expanding bullet type;

(7) shoot at running deer unless mitigating circumstances exist.

(d) A member hunting deer at night while shining within an established safe zone of fire from a stationary position under this section may but is not required to:

(1) hunt and shine deer between one hour after sunset and one hour before sunrise with the aid of electronic or other calling techniques or hunt over bait as otherwise authorized by this ordinance;

(2) hunt and shine deer between one hour after sunset and one hour before sunrise with the use of an infrared, night vision, or thermal imagining equipment; provided the equipment shall not be used as sighting device and shall not be mounted on a firearm, bow or crossbow

(3) hunt and shine deer between one hour after sunset and one hour before sunrise with the use of an telescopic site.

(4) hunt and shine deer between one hour after sunset and one hour before sunrise with the use of a spotter in order to have an additional set of eyes to see the target and the designated backstop as well as to prevent tunnel vision; provided, that the spotter shall not possess a firearm or otherwise be engaged in the shooting aspect of hunting; and provided further that the tribal conservation department may impose such other terms and conditions as it deems necessary or appropriate to ensure safety while hunting and shining deer with the use of a spotter.

(e) Before issuing a permit pursuant to Section CSV.2.6.200(a), the tribal conservation department shall ensure the receipt of a signed and certified shooting plan valid from November 1 to the close of the deer "regular season," as follows:

(1) A member intending to hunt deer at night while shining within an established safe zone of fire from a stationary position under this section up to a maximum distance of one-hundred (100) yards shall submit a "preapproved shooting plan" to the tribal registration station prior to receiving a permit pursuant to Section CSV.2.6.200(a). The member must visit the area detailed in the shooting plan at least once during daytime hours from the day after Labor Day to the close of the deer "regular season" and the shooting plan shall clearly mark the "safe zone of fire," the members stationary position, the adequate backstop present within one-hundred twenty-five (125) yards from the stationary position, the direction of intended fire, and the following locations within a quarter-mile:

(A) an area including the grounds of a school plus 1,000 feet in all directions;

(B) school forest, public landfill, or public gravel pits where hunting is prohibited and where notice of the prohibition is clearly posted;

(D) residence, building or dwelling;

(E) designated public campgrounds, public beaches, or public picnic area;

(F) lake or waterbody;

(G) ATV trail, snowmobile trail, or other designated trails (such as hiking, biking or cross country ski trail);

(H) open area;

(I) private property;

(J) all closed portions of state parks as described in the Tribal State Park Hunting Opportunities in the Wisconsin portion of the 1837 and 1842 Ceded Territories document;

(K) another tribal shooting plan area;

(L) any other area as determined by the tribal conservation department.

Member shooting plans that do not include the locations specified in this section within the clearly marked "safe zone of fire" and "direction of intended fire" shall be considered compliant shooting plans, otherwise no member shall mark a "safe zone of fire" with any of the locations specified in this section within a quarter-mile in the "direction of intended fire" on a shooting plan without an adequate backstop present between the marked "safe zone of fire" and the specified location. Members must take reasonable precautions to prevent against the establishment of a non-compliant shooting plan. At a maximum only two shooting plans may be approved per forty (40) acre parcel or every two hundred twenty (220) yards. Only one shooting plan shall be approved for a specified location, at a time. The member that submitted the shooting plan or the tribal conservation department may rescind the approval of a shooting plan, and thereby subsequently approve the shooting plan of another member for the specified location.

(2) A member intending to hunt deer at night while shining within an established safe zone of fire from an elevated stationary position (a minimum of ten feet off the ground) under this section up to a maximum distance of fifty (50) yards shall submit a shooting plan (which does not need to be preapproved) to the tribal registration station prior to receiving a permit pursuant to Section CSV.2.6.200(a). The member must visit the area detailed in the shooting plan during daytime hours from the day after Labor Day to the close of the deer "regular season" and the shooting plan shall clearly mark the "safe zone of fire," the members elevated stationary position, the adequate backstop present within one-hundred twenty-five (125) yards from the stationary elevated position, the direction of intended fire, and the locations within a quarter-mile pursuant to Section CSV.2.6.200(e)(1).

(3) A member possessing a valid disabled hunter permit pursuant to Section CSV.2.3.320 of this ordinance, intending to hunt deer at night while shining within an established safe zone of fire from a stationary position under this section shall submit a "preapproved shooting plan" to the tribal registration station prior to receiving a permit pursuant to Section CSV.2.6.200(a). The shooting plan shall clearly mark the "safe zone of fire," the members stationary position, the adequate backstop present, the direction of intended fire, and if hunting from a roadway, the shooting plan shall detail the stretch of road and surrounding locations within a quarter-mile pursuant to Section CSV.2.6.200(e)(1), provided:

(A) The tribal conservation department shall only issue a member possessing a valid disabled hunter permit, one valid permit pursuant to Section CSV.2.6.200(a) at a time;

(4) No member hunting deer at night while shining within an established safe zone of fire from a stationary position under this section shall discharge a firearm, bow and arrow or crossbow except as identified within the shooting plan as follows:

(A) from the members marked stationary position

(B) from within the "safe zone of fire" with an adequate backstop present,

(5) When submitting a shooting plan, no member shall provide false or misleading information or otherwise fail to complete a shooting plan in the manner required by the tribal conservation department;

(A) The tribal conservation department shall issue no further permits under this section for the remainder of the season, to any member who has provided false or misleading information or otherwise failed to complete a shooting plan in the manner required by this section and the tribal conservation department.

(f) A member hunting deer at night under this section may pursue and take a deer wounded by the member while shooting within an established safe zone of fire from a stationary position, provided that a light may be used to trail the wounded animal as well as at the point of kill for the purpose of accurately identifying the deer and safely aiming the weapon in the direction of intended fire as identified within the plan and killing the wounded deer when the wounded animal is within the safe zone of fire designated on the member's shooting plan. The wounded deer may not be dispatched with a firearm, bow and arrow, or crossbow prior to one-half hour before sunrise when the wounded animal is located outside the safe zone of fire designated on the member's shooting plan, however the member may dispatch the wounded animal by means other than a firearm, bow and arrow, or crossbow (such as with a knife).

(g) A permit may be only issued to members pursuant to Section CSV.2.6.200(a) who have completed an advanced hunter safety/marksmanship training course and received a marksmanship proficiency certificate from the tribe, as follows:

(1) The tribal conservation department shall issue firearms marksmanship proficiency certificates once the qualification shoot is completed during nighttime hours with a minimum score of 80% or better (10 shots) within the six and one-quarter inch inner circle of an NRA certified target at a 100 yards. Firearms allowable for certification are those firearms otherwise allowable for deer hunting pursuant to Section CSV.2.6.090 of this ordinance. A member may also certify with use of buckshot at limited distances, however a member may only hunt with the use of buckshot pursuant to this section up to the distance certified.

(2) The tribal conservation department shall issue bow/crossbow marksmanship proficiency certificates once the qualification shoot is completed during nighttime hours with a minimum score of 80% or better (10 shots) within the six and one-quarter inch inner circle of an NRA certified target at a 30 yards. Bows/crossbows allowable for certification are those Bows/crossbows otherwise allowable for deer hunting pursuant to Section CSV.2.6.100 of this ordinance.

(h) Once a permit pursuant to Section CSV.2.6.200(a) has been issued, the tribal conservation department shall provide for the advance notification of appropriate federal, state and local officials, as those officials request notification, by providing a list of the tribal hunting identification numbers of authorized members and copies of preapproved shooting plans which contain sufficient detail to determine the hunting location.

CSV.2.6.210 Authorization for Closure

The Commission's Biological Services Director, or his or her designate, is hereby delegated the authority to close any deer management unit to antlerless deer hunting prior to the season's closing date, provided there is no tribal quota remaining in that unit or when it appears imminent that more than the tribal quota for that unit will be harvested prior to the expiration of the next permit period.

CSV.2.6.220 Removal and Retention of Tags

(a) No member who kills a deer pursuant to this ordinance shall remove a carcass or registration tag from that deer until such time as the carcass is butchered.

(b) No member who kills a deer pursuant to this ordinance shall dispose of the registration tag until the meat is consumed or except in accordance with the provisions of Section CSV.2.6.180(f) and Section CSV.2.6.190(i) [Transfer of Tags Upon Sale].

(c) Any person who receives any meat from a member as a gift or pursuant to Section CSV.2.6.170 [Sale to Members] from a member who retains a registration tag under this section is not required to possess a registration tag.

CSV.2.6.230 Assistance by Non-Members

No person who is not a member or a member of another signatory tribe shall assist a member in the hunting of deer pursuant to this ordinance except as provided in Section CSV.2.3.300 [Permissible Conduct/Assistance by Non-Members].

CSV.2.6.240 Transportation from a CWD Area

(a) No member shall transport the carcass of any deer killed within a tribally designated CWD Area except as described in the following comprehensive tribal document. That document may be amended from time to time, and is hereby adopted and incorporated in this ordinance as if fully set forth herein. No member shall fail to comply with the closures and other restrictions established by this document:

Tribal Disease Management Areas within the Wisconsin portion of the 1837 and 1842 Ceded Territories (Version 1: November 2012).

CSV.2.6.250 Disposal of a Carcass from a CWD Area

(a) No member shall dispose of the carcass of any deer killed within a tribally designated CWD Area except as described in the following comprehensive tribal document. That document may be amended from time to time, and is hereby adopted and incorporated in this ordinance as if fully set forth herein. No member shall fail to comply with the closures and other restrictions established by this document:

Tribal Disease Management Areas within the Wisconsin portion of the 1837 and 1842 Ceded Territories (Version 1: November 2012).

Subchapter CSV.2.7 Bear Harvesting Regulations

Legislative History

Section CSV.2.7.140 was amended by Commission Order 2011-03 on October 6, 2011.

Section CSV.2.7.080 was amended by the Stipulation for Technical, Management, and Other Updates: First Amendment of Stipulations Incorporated into Final Judgment and was adopted by the Voigt Intertribal Task Force on August 7, 2008.

Section CSV.2.7.050 was amended by the Stipulation for Technical, Management, and Other Updates: Second Amendment of Stipulations Incorporated in the Final Judgment and was adopted by the Voigt Intertribal Task Force on October 7, 2010.

Section CSV.2.7.040 was amended by the Stipulation for Technical, Management, and Other Updates: First Amendment of Stipulations Incorporated into Final Judgment and was adopted by the Voigt Intertribal Task Force on August 7, 2008.

This version of the code was originally adopted on pursuant to Lac Courte Oreilles Tribal Governing Board Resolution No. 90-62 on September 4, 1990.

CSV.2.7.010 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 Section CSV.2.6.010(b).

(b) "Crossbow" shall have the meaning provided in Section CSV.2.6.010(c).

CSV.2.7.020 Open and Closed Season

A closed season is hereby established for the hunting of bear except for the open season specified in Section CSV.2.7.060.

CSV.2.7.030 Hunting During Closed Season Prohibited

Except as otherwise expressly provided by this ordinance, no member shall hunt bear off-reservation in the ceded territory during the closed season.

CSV.2.7.040 Bear Management Zones

Bear Management Zones as set forth in the Commission's document entitled Tribal Management Units and Zones in the Wisconsin portion of the 1837 and 1842 Ceded Territories that is incorporated into this ordinance pursuant to Section CSV.2.3.270 are hereby established.

CSV.2.7.050 Number of Bear Available for Harvest

(a) Unless a tribal bear quota system is triggered by the provisions of Section CSV.2.7.050(b) of this section, there shall be no limit on the number of bear available for harvest under this ordinance.

(b) The Commission's Biological Services Director, or his or her designate, is hereby delegated the authority to implement the provisions of Section XI.B of the Stipulation for Technical, Management and other Updates: Second Amendment of Stipulations Incorporated Into Final Judgment [hereafter referred to in this section as "Stipulation"] entered into between the tribal and state parties in Lac Courte Oreilles Band, et al. v. State of Wisconsin, et al., Case No. 74-C-313 (United States District Court, Western District of Wisconsin) regarding the implementation of a quota management system for bear.

(c) When a tribal bear quota is required in a particular tribal bear management zone, the number of bear (tribal quota) which shall be available for harvest in each bear management zone pursuant to this ordinance for each twelve month period commencing July 1 and ending June 30 shall be limited to the number established pursuant to the Chippewa Intertribal Agreement Governing Resource Management and Regulation of Off-Reservation Treaty Rights in the Ceded Territory.

(d) When a tribal bear quota is required, no member shall hunt bear in any bear management zone which has been closed to further bear hunting pursuant to Section CSV.2.7.270.

CSV.2.7.060 General Bear Hunting Prohibited; Extreme Need Bear Season Specific Regulations

(a) No member shall hunt bears during the annual season, except upon a showing of extreme need. Upon a showing of extreme need, the Tribal Governing Board may issue a permit for the harvest of Bear subject to the provisions of this ordinance during the annual season. The requesting member may use the services of another member to harvest the bear for them, in which case both the requesting member and the assisting member must be named on the permit.

(b) All dates given in this section are inclusive.

(1) Closed Season. No member shall hunt bear from November 1 through Labor Day.

(2) Firearm, Bow, and Crossbow Season. An annual firearm, bow and crossbow season is hereby established, upon a showing of extreme need, commencing on the day after Labor Day and extending to October 31.

(c) 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 Section CSV.2.3.310 [Emergency Closure].

CSV.2.7.070 Bear Hunting Permits/Tags

(a) No member shall hunt bear pursuant to this ordinance without possessing a valid bear hunting permit. Such a permit may be the member's tribal identification card required by Section CSV.2.3.020(b).

(b) Except as provided in Section CSV.2.7.130 [Group Bear Hunting], no member shall hunt or shoot a bear without possessing a bear carcass tag valid for the hunting zone in which the bear is shot.

CSV.2.7.080 Bear Registration

(a) A member who has killed a bear pursuant to this ordinance, or, in the instance of group hunting [Section CSV.2.6.120], whose carcass tag has been placed on the bear, shall register the bear by presenting it to a tribal registration station no later than 5:00 p.m. of the third 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 tribal identification number of the member taking the bear and any other relevant information requested by the registering official.

(d) 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.

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

(f) Any tribal or Commission warden authorized pursuant to Section CSV.2.4.020 to enforce the provisions of this ordinance is authorized to register bear in the field provided such warden provides all registering information to a tribal registration station no later than 5:00 p.m. of the first working day after the field registration.

CSV.2.7.090 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.

CSV.2.7.100 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 ordinance.

CSV.2.7.110 Firearms Restrictions

No member shall hunt bear with any firearm the use of which is prohibited pursuant to Section CSV.2.6.090 for hunting deer, while possessing more than one handgun, or with the use of buckshot.

CSV.2.7.120 Bow/Crossbow Restrictions

No member shall hunt bear with a bow or crossbow not in compliance with the provisions of Section CSV.2.6.100.

CSV.2.7.130 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 under this ordinance 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 Section CSV.2.7.130(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.

CSV.2.7.140 Hunting with Non-Members

Except as provided in Section CSV.2.3.300 [Permissible Conduct/Assistance by Non-Members], no member may share with anyone who is not a member of a signatory tribe any tribal bear permit, carcass tag, gear, bait, or dogs, except that nothing in this ordinance shall be construed to prohibit a member from hunting with any person who is not a member of the Tribe or of another signatory tribe during the State of Wisconsin bear hunting season if that person has a state Class A or Class B bear license or is exempt from the need for a class B bear license under Wisconsin state law.

CSV.2.7.150 Hunting Hours

No member shall hunt bear except during the hours established for hunting deer in Section CSV.2.6.120.

CSV.2.7.160 Transportation

No member shall transport any bear in or on any motor driven vehicle prior to registration unless the bear is carried so that a portion of it is visible from a passing vehicle and in such manner that the tag attached to the bear cannot be handled or manipulated by any occupant of the vehicle.

CSV.2.7.170 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, and public picnic areas.

(b) School forests, public landfills and public gravel pits where bear hunting is prohibited and where notice of the prohibition is clearly posted.

(1) which are designated for bow and gun bear hunting; or

(2) which are designated for bow bear hunting.

(d) All state parks.

(e) All wildlife refuges.

CSV.2.7.180 Hunting on Certain Private Lands Prohibited

No member shall hunt bear on any privately-owned land except those lands which pursuant to Chapter 77, Wis. Stats., have been designated as Forest Croplands or Open Managed Forest Lands.

CSV.2.7.190 Hunting Bear with Dogs

No member shall hunt bear with dogs except in accordance with the following provisions:

(a) Dogs Marked. Any dog used to hunt bear must be tattooed or wear a collar with the owner's name and address attached.

(b) Dog Packs. No more than six dogs in a single pack may be used to hunt bear regardless of the number of bear hunters and regardless of dog ownership.

CSV.2.7.200 Dens

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

CSV.2.7.210 Landfills

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

CSV.2.7.220 Cubs

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

CSV.2.7.230 Removal and Retention of Tags

(a) No member who kills a bear pursuant to this ordinance 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 ordinance shall dispose of the registration tag until the meat is consumed or except in accordance with the provisions of Section CSV.2.7.250(h) [Transfer of Tags Upon Sale].

(c) Any person who receives any bear meat as a gift or pursuant to Section CSV.2.7.240(b)(1) or Section CSV.2.7.240(b)(2) [Sale to Members] from a member who retains a registration tag under this section is not required to possess a registration tag.

CSV.2.7.240 Sale of Bear and Bear Parts

(a) Head and skin.

(1) Sale to Members. No member who has harvested a bear pursuant to this ordinance shall sell the head and skin, when severed from the rest of the carcass, of the bear to another member or to a member of another signatory tribe unless the head, claws and teeth remain attached to the skin, except as follows:

(A) The member may sell any part of the head or skin, including teeth and claws, of a bear lawfully harvested pursuant to this ordinance to any other member provided no member who receives any part of a head or skin pursuant to this paragraph shall sell such parts to any person who is not a member of a signatory tribe; and

(B) The member may sell any part of a head or skin, including teeth and claws, of a bear lawfully harvested pursuant to this ordinance to a member of any other signatory tribe provided that such other tribe prohibits its member who receives any part of a head or skin from selling such parts to any person who is not a member of a signatory tribe.

(2) Sale to Non-members. No member who has harvested and a bear pursuant to this ordinance shall sell the head and skin, when severed from the rest of the carcass, of the bear to any person who is not a member or a member of another signatory tribe unless the head, claws, and teeth remain attached to the skin.

(b) Meat. No member shall sell the meat of any bear killed pursuant to this ordinance, except as follows:

(1) Sale to Members. Any member who has lawfully harvested and registered a bear pursuant to this ordinance 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 subsection shall sell such meat to any person who is not a member of a signatory tribe.

(2) Sale to Members of Other Tribes. Any member who has lawfully harvested and registered a bear pursuant to this ordinance may sell the meat of any carcass, or any part thereof, of the bear to a member of any other signatory tribe provided that such other tribe prohibits its member who receives the meat pursuant to this subsection from selling the meat to any person who is not a member of a signatory tribe.

(3) Sale to Non-members. A member who has lawfully harvested and registered a bear pursuant to this ordinance may sell to a person who is not a member of a signatory tribe only the whole carcass (except for the head, skin and viscera) of the bear, provided the member:

(4) complies with the commercial harvest provisions of Section CSV.2.7.250; and

(5) otherwise complies with the provisions of this ordinance applicable to bear hunting.

(1) Sale to Non-Members. No member shall sell to any person who is not a member of a signatory tribe any tooth, claw, paw or organ which has been severed from the carcass of any bear harvested pursuant to this ordinance.

(2) Sale to Members. No member shall sell to another member or to a member of another signatory tribe any tooth, claw, paw or organ which has been severed from the carcass of any bear harvested by the member pursuant to this ordinance except as follows:

(A) The member may sell any tooth, claw, paw or organ which has been severed from the carcass of a bear lawfully harvested pursuant to this ordinance 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 of a signatory tribe; and

(B) The member may sell any tooth, claw, paw or organ which has been severed from the carcass of a bear lawfully harvested pursuant to this ordinance to a member of any other signatory tribe provided that such other tribe prohibits its member who receives such part selling the part to any person who is not a member of a signatory tribe.

(3) Sale to the Tribe. Any member who has lawfully harvested and registered a bear pursuant to this ordinance may sell any tooth, claw, paw or organ which has been severed from the carcass of the bear to the Tribe provided:

(A) the Tribe complies with the provisions of Section CSV.2.7.240(c)(4), below; and

(B) the member complies with the commercial harvest provisions of Section CSV.2.7.250.

(4) The Tribe may purchase or otherwise obtain from a member who has lawfully harvested and registered a bear pursuant to this ordinance any tooth, claw, paw or organ which has been severed from the carcass of the bear and may sell such part to any person provided:

(A) the Tribe 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; and

(B) 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.

CSV.2.7.250 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 ordinance 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 Tribal Governing Board 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 Tribal Governing Board in accordance with Section CSV.2.7.250(b)(1).

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

(2) Upon receipt of an application for a Commercial Harvest Permit, the tribal conservation department shall inform the Tribal Governing Board, or its designate pursuant to Section CSV.2.7.250(c)(6), below, and the Commission's Biological Services Division of the application, the bear management zone in which the applicant seeks to hunt, the time period during which the applicant seeks to hunt and such other relevant information as is included in the application.

(3) The Commission's Biological Services Division shall, within 2 working days of receipt of notice of the application, inform the tribal conservation department and the Tribal Governing Board, or its designate pursuant to Section CSV.2.7.250(c)(6), below, of the number of bear available for harvest pursuant to this ordinance in the management zone requested by the applicant.

(4) Within 3 working days of the receipt of this information from the Commission's Biological Services Division, the Tribal Governing Board, or its designate pursuant to Section CSV.2.7.250(c)(6), below, in consultation with the tribal conservation department and the Commission's Conservation Enforcement Division, shall grant or deny the application, and shall notify the applicant as soon as practicable of its decision.

(5) The decision to grant or deny the application shall be exclusively within the discretion of the Tribal Governing Board, or its designate pursuant to Section CSV.2.7.250(c)(6), below, and a decision to grant the application may impose conditions required by the Tribe 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 tribal registration station 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 Section CSV.2.7.070 [Bear Hunting Permits/Tags] and Section CSV.2.7.080 [Bear Registration] 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 of a signatory tribe 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 Tribe may require to the person to whom such bear is sold.

(2)(A) No member shall sell to any person who is not a member of a signatory tribe 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 Section CSV.2.7.250(h)(1), and such accompanying documents as the Tribe 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 Section CSV.2.7.250(h)(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.

(B) No member shall sell to the Tribe pursuant to Section CSV.2.7.240(c)(3) any organ of any bear registered under this section without transferring to the Tribe the information and documents required in Section CSV.2.7.240(c)(4).

CSV.2.7.260 Shining

No member shall hunt bear while shining, as defined in Section CSV.2.3.140.

CSV.2.7.270 Authorization for Closure

The Commission's Biological Services Director, or his or her designate, is hereby delegated the authority to close any bear management zone to bear hunting prior to the season's closing date, provided there remains no bear available for harvest under this ordinance in that zone.

Subchapter CSV.2.8 Small Game Harvesting Regulations

Legislative History

Section CSV.2.8.260 was first amended by the Voigt Intertribal Task Force on April 4, 1994. Section CSV.2.8.260 was amended a second time by the Stipulation for Technical, Management, and Other Updates: First Amendment of Stipulations Incorporated into Final Judgment and was adopted by the Voigt Intertribal Task Force on August 7, 2008. Section CSV.2.8.260 was amended a third time by Commission Order 2011-01 on October 6, 2011.

Section CSV.2.8.190 was first amended by the Voigt Intertribal Task Force on November 7, 1996. Section CSV.2.8.190 was amended a second time by the Stipulation for Technical, Management, and Other Updates: First Amendment of Stipulations Incorporated into Final Judgment and was adopted by the Voigt Intertribal Task Force on August 7, 2008. Section CSV.2.8.190 was amended a third time by Commission Order 2010-01 on December 9, 2010.

Section CSV.2.8.180 was amended by Commission Order 2011-02 on October 6, 2011.

Section CSV.2.8.170 was amended by Commission Order 2013-01 on April 26, 2013.

Section CSV.2.8.110 was amended by the Stipulation for Technical, Management, and Other Updates: First Amendment of Stipulations Incorporated into Final Judgment and was adopted by the Voigt Intertribal Task Force on August 7, 2008. Section CSV.2.8.110 was amended a second time by the Stipulation for Technical, Management, and Other Updates: Second Amendment of Stipulations Incorporated in the Final Judgment and was adopted by the Voigt Intertribal Task Force on October 7, 2010.

Section CSV.2.8.100 was first amended by the Voigt Intertribal Task Force on April 4, 1994. Section CSV.2.8.100 was amended a second time by the Stipulation for Technical, Management, and Other Updates: First Amendment of Stipulations Incorporated into Final Judgment and was adopted by the Voigt Intertribal Task Force on August 7, 2008.

Section CSV.2.8.090 was first amended by the Voigt Intertribal Task Force on November 7, 1996. Section CSV.2.8.090 was amended a second time by the Stipulation for Technical, Management, and Other Updates: First Amendment of Stipulations Incorporated into Final Judgment and was adopted by the Voigt Intertribal Task Force on August 7, 2008. Section CSV.2.8.090 was amended a third time by Commission Order 2014-02 on January 14, 2014.

Section CSV.2.8.080 was amended by the Stipulation for Technical, Management, and Other Updates: First Amendment of Stipulations Incorporated into Final Judgment and was adopted by the Voigt Intertribal Task Force on August 7, 2008.

Section CSV.2.8.060 was amended by the Stipulation for Technical, Management, and Other Updates: Second Amendment of Stipulations Incorporated in the Final Judgment and was adopted by the Voigt Intertribal Task Force on October 7, 2010.

Section CSV.2.8.050 was first amended on November 7, 1996. Section CSV.2.8.050 was amended a second time by the Stipulation for Technical, Management, and Other Updates: First Amendment of Stipulations Incorporated into Final Judgment and was adopted by the Voigt Intertribal Task Force on August 7, 2008.

Section CSV.2.8.020 was amended by Commission Order 2010-01 on December 9, 2010. Section CSV.2.8.020 was amended a second time by Commission Order 2011-02 on October 6, 2011.

This version of the code was originally adopted on pursuant to Lac Courte Oreilles Tribal Governing Board Resolution No. 90-62 on September 4, 1990.

CSV.2.8.010 Purpose

The purpose of this subchapter is to regulate off-reservation small game hunting and trapping in the ceded territory by members.

CSV.2.8.020 Definitions

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

(a) "Bow" shall have the meaning prescribed in Section CSV.2.6.010(b).

(b) "Restraining Snare" means while trapping to use a wire noose used for restraining furbearing animals which does not allow the device or trapped animal to reach unfrozen water.

(c) "Colony Trap" means while trapping to use an enclosure device designed to allow the capture of one or more fur-bearing animals in a single setting as a drowning set. Entrance to the device is gained by one or more one-way entrances with overall dimensions of the trap no to exceed 6" (six inches) in width, 6" (six inches) in height and 36" (thirty-six inches) in length.

(d) "Crossbow" shall have the meaning prescribed in Section CSV.2.6.010(c).

(e) "Firearm" shall have the meaning prescribed in Section CSV.2.6.010(d).

(f) "Hunt" or "Hunting" shall have the meaning prescribed in Section CSV.2.2.010(h) but shall not include trapping for the purposes of this subchapter.

(g) "Trap", in addition to the meaning prescribed in Section CSV.2.2.010(o), means to trap or snare, including the use of a restraining snare.

(h) "Unprotected Species" means:

(1) Opossum, skunk, weasel, woodchuck;

(2) Starlings, English sparrows, coturnix quail, chukar partridge and rock doves;

(3) All other unprotected species as defined in Section CSV.2.2.010(r).

CSV.2.8.030 Open and Closed Seasons

A closed season is hereby established for the hunting and trapping of small game except for the specified open season.

CSV.2.8.040 Hunting/Trapping During Closed Season Prohibited

Except as otherwise expressly provided in this ordinance, no member shall hunt or trap small game off-reservation in the ceded territory during the closed season.

CSV.2.8.050 Fisher Management Zones

(a) Fisher Management Zones as set forth in the Commission's document entitled Tribal Management Units and Zones in the Wisconsin portion of the 1837 and 1842 Ceded Territories that is incorporated into this ordinance pursuant to Section CSV.2.3.270 are hereby established.

(b) No member shall hunt or trap fisher except in the management zones established by this section.

CSV.2.8.060 Small Game Quotas

(a) Unless a tribal otter, bobcat and fisher quota system is triggered by the provisions of Section CSV.2.8.060(b) of this section, there shall be no limit on the number of otter, bobcat and fisher available for harvest under this ordinance.

(b) The Commission's Biological Services Director, or his or her designate, is hereby delegated the authority to implement the provisions of Section XI.C of the Stipulation for Technical, Management and other Updates: Second Amendment of Stipulations Incorporated Into Final Judgment [hereafter referred to in this section as "Stipulation" entered into between the tribal and state parties in Lac Courte Oreilles Band, et al. v. State of Wisconsin, et al., Case No. 74-C-313 (United States District Court, Western District of Wisconsin) regarding the implementation of a quota management system for otter, bobcat and fisher .

(c) When a tribal otter and/or bobcat quota is required, or a tribal fisher quota is required in a particular tribal fisher management zone, the number of otter, bobcat and fisher (tribal quota) which shall be available for harvest pursuant to this ordinance for each twelve month period commencing July 1 and ending June 30 shall be limited to the number established pursuant to the Chippewa Intertribal Agreement Governing Resource Management and Regulation of Off-Reservation Treaty Rights in the Ceded Territory.

(d)(1) When a tribal otter and/or bobcat quota is required, no member shall hunt or trap otter and/or bobcat in the ceded territory when it has been closed to further otter and/or bobcat harvest pursuant to Section CSV.2.8.240.

(2) When a tribal fisher quota is required, no member shall hunt or trap fisher in any fisher zone which have been closed to further fisher harvest pursuant to Section CSV.2.8.240.

CSV.2.8.070 Small Game Harvest Permits/Tags

(a)(1) No member shall hunt small game pursuant to this subchapter without possessing a valid small game hunting permit.

(2) No member shall hunt otter, bobcat or fisher without possessing a valid carcass tag.

(b)(1) No member shall trap small game pursuant to this subchapter without possessing a valid small game trapping permit.

(2) No member shall trap otter, bobcat or fisher without possessing a valid carcass tag.

(c) No small game hunting or small game trapping permit shall be considered valid for hunting or trapping any fisher in a fisher management zone:

(1) which is shown to be closed on the permit;

(2) for which the permit is marked as invalid; or

(3) on which any fisher management zone letter has been slit, punched through or otherwise crossed out in any fashion.

(d) Except as provided in Section CSV.2.8.200 [Possession and Sale of Live Small Game Animals], no member shall move or field dress an otter, bobcat or fisher before affixing to it a valid carcass tag.

CSV.2.8.080 Otter, Bobcat and Fisher Registration

(a)(1) A member killing a fisher pursuant to this ordinance shall register the animal by presenting it to a tribal registration station no later than 5:00 p.m. of the third working day after killing if the animal was hunted or after retrieval if the animal was trapped.

(2) A member killing an otter or bobcat pursuant to this ordinance shall notify a tribal registration station of the killing no later than 5:00 p.m. of the third working day after killing if the animal was hunted or after retrieval if the animal was trapped. The member shall present the animal for registration on the date and at the location specified by the registering official.

(b) Upon registering an otter, bobcat or fisher pursuant to this section, the registering official shall, except as provided in Section CSV.2.8.200 [Sale and Possession of Live Small Game Animals], 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.

(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 tribal identification number of the member taking the animal and any other relevant information requested by the registering official.

(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.

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

(f) Any tribal or Commission warden authorized pursuant to Section CSV.2.4.020 to enforce the provisions of this ordinance is authorized to register otter, bobcat or fisher in the field provided such warden transmits all registering information to a tribal registration station no later than the registration deadline established by Section CSV.2.8.080(a), above.

(g) No member shall fail to transfer the carcass, except for the skin, of any fisher, bobcat or otter to the tribal conservation department or the Commission's Biological Services Division when requested unless the carcass was delivered to a licensed fur buyer.

CSV.2.8.090 Small Game Seasons; Specific Regulations

(a) Annual small game trapping seasons for the time periods provided in this subs. 2(b) and annual small game hunting seasons for the time periods provided in subs. 3(b) are hereby established.

(b)(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.

(2) The small game trapping season for all species, except for otter, fisher, and beaver, listed in subs. 3(b) commences on October 1 and closes on March 31, the fisher trapping season commences on the Saturday nearest October 17 and closes on March 31, the otter trapping season commences on October 1 and closes on April 30, and the beaver trapping season commences on October 1 and closes on April 30.

(c)(1) For the purposes of small game hunting, seasons begin and end in accordance with the applicable hunting hours prescribed in Section CSV.2.8.100.

(2) Specific small game hunting seasons (all dates are inclusive):

(A) Bobcat October 1 - March 31

(B) Beaver Year Around

(D) Coyote Year Around

(E) Cottontail Rabbit Year Around

(F) Fisher No Open Hunting Season

(G) Hungarian Partridge Day after Labor Day - March 31

(H) Mink No Open Hunting Season

(I) Muskrat No Open Hunting Season

(J) Otter No Open Hunting Season

(K) Pheasant Day after Labor Day - March 31

(L) Raccoon Day after Labor Day - March 31

(M) Red and Gray Fox Day after Labor Day - March 31

(N) Red, Gray and Fox Squirrel Year Around

(O) Ruffed Grouse Day after Labor Day - March 31

(P) Sharp-Tailed Grouse Day after Labor Day - March 31

(Q) Snowshoe Hare Year Around

(R) Unprotected Species Year Around

(3) The daily bag limit for sharp-tailed grouse is one and no member shall harvest any sharp-tailed grouse in excess of this bag limit.

(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 Section CSV.2.3.310 [Emergency Closure].

CSV.2.8.100 Hunting Hours

(a) Except where otherwise expressly authorized by this ordinance, no member shall hunt small game except during the hours prescribed by this section (all dates and times given are inclusive and all times refer to Central Standard Time and should be adjusted one hour as necessary to account for Daylight Savings Time).

(b) Lawful small game hunting hours during open seasons are provided as follows:

(1) From September 1 through March 31, for all small game animals except coyote, fox, raccoon, snowshoe hare, and unprotected species one-half hour before sunrise to 20 minutes after sunset or as otherwise provided by a GLIFWC Commission Order.

(2) From April 1 through August 31, for all small game species except for wild turkeys, 24 hours per day, or as otherwise provided by a GLIFWC Commission Order.

(3) For coyote, fox, raccoon, snowshoe hare and unprotected species, 24 hours per day, or as otherwise provided by a GLIFWC Commission Order except during the middle deer season established pursuant to Section CSV.2.6.070(c) when hunting hours shall be the same for small game and deer hunting.

(4) For wild turkeys, hunting hours are:

(A) Fall Season (established in Section CSV.2.8.260(b)(1)) – one-half hour before sunrise to 20 minutes after sunset; or as otherwise provided by a GLIFWC Commission Order and

(B) Spring Season (established in Section CSV.2.8.260(b)(2)) – one-half hour before sunrise to sunset or as otherwise provided by a GLIFWC Commission Order.

(c) Lawful small game hunting hours shall be determined in accordance with the Tribal Hunting Hours Zone/Table attached to this ordinance after Subchapter CSV.2.14.

CSV.2.8.110 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:

(a) Designated public campgrounds, public beaches and public picnic areas.

(b) School forests, public landfills and public gravel pits where small game hunting is prohibited and where notice of the prohibition is clearly posted.

(c) Public lands within incorporated areas except for those lands which are designated for small game hunting or trapping.

Tribal State Park Hunting Opportunities in the Wisconsin portion of the 1837 and 1842 Ceded Territories (Version 1: January 2010).

CSV.2.8.120 Hunting on Certain Private Lands Prohibited

No member shall hunt small game on any privately-owned land except those lands which, pursuant to Chapter 77.16, Wis. Stats., have been designated as Forest Croplands or Open Managed Forest Lands.

CSV.2.8.130 Trapping on Certain Private Lands Prohibited

(a) No member shall place a trap on any privately-owned land.

(b) For the purposes of this section, "privately owned" means owned by a person or entity other than the Tribe, another signatory Tribe, or the State of Wisconsin or its political subdivisions, and includes the bed of any stream or flowage owned by such person or entity.

CSV.2.8.140 Specific Small Game Hunting and Trapping Closed Areas and Refuges

No member shall hunt or trap small game in any wildlife refuge or closed area as established pursuant to Section CSV.2.3.270 contrary to the closures and restrictions established by that section.

CSV.2.8.150 Small Game Hunting Prohibited Methods

While hunting small game, no member shall:

(a) Use or possess any device designed or used for the purpose of driving rabbits out of their holes or dens;

(b) Use or possess any ferret; or

CSV.2.8.160 Shining Raccoon, Fox or Unprotected Species

(a) No member shall hunt raccoon, fox or any unprotected species while shining as defined in Section CSV.2.3.140 except:

(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

(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.

(b) No member shall hunt raccoon, fox or any unprotected species while shining during the middle deer season established pursuant to Section CSV.2.6.070(c).

CSV.2.8.170 Identification of Traps Required

(a) No member shall trap pursuant to this ordinance without affixing to each trap or snare a metal tag upon which shall be stamped or engraved the trapper's name and address or tribal trapping identification number and the initials "LCO" indicating membership in the tribe.

(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 Section CSV.2.8.170(a).

CSV.2.8.180 Specific Trapping Regulations

No member shall:

(a) Set out traps, snares, or restraining snares except during the open season.

(b) Set out bait or scent for attracting furbearing animals except during the open season.

(c) Use sight-exposed bait, visible from above, consisting of feathers, animal flesh, fur, hide or entrails within 25 feet of any trap, snares, or restraining snares.

(d) Use water sets except during the open season for muskrat, beaver or otter.

(e) Fail to check all dry land sets, snares, or restraining snares and to remove all animals therein at least once each day.

(f) 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.

(g) Set, place, or operate any trap other than a body-gripping or conibear type trap, enclosed trigger trap, snare, restraining snare, steel-jawed trap, or live-trap capable of capturing only one animal in a single setting for the purpose of taking furbearing animals, or a colony trap except for muskrat as follows, except incidentally harvested mink may be retained from a lawfully set colony trap:.

(1) The colony trap is set entirely underwater at all times.

(2) The colony trap is not placed within three feet of any culvert.

(3) The colony trap and set does not utilize bait.

(4) The trap is not used in conjunction with any fencing, netting or other material that creates an underwater obstruction designed to force or channel any wild animal into the trap.

(h) Set, place or operate except as a water set at least half submerged in water any body- gripping or conibear type trap larger than 7.5 inches x 7.5 inches as measured from the maximum outside points of the effective width and height of the jaws of the trap.

(i) Set, place or operate any steel-jawed trap with a spread width of more than 8 inches.

(j) Set, place or operate any steel-jawed trap with teeth except as a water set.

(k) Set, place or operate any body-gripping or conibear type greater than 7.5 inches x 7.5 inches as measured from the maximum outside points of the effective width and height of the jaws of the trap or 7.5 inches in diameter in the following locations:

(1) Within 3 feet of any federal, state or county road right-of-way culvert unless completely submerged in water.

(2) Within 3 feet of any woven or welded wire mesh type fence.

(3) Within 100 yards of any building devoted to human occupancy without the owner's consent.

CSV.2.8.190 Specific Snaring and Restraining Snare Regulations

(a) No member shall trap small game by the use of a snare except in compliance with the following provisions:

(1) Any snare must be anchored so that it may not be dragged.

(2) Any snare must be tagged as in Section CSV.2.8.170(a).

(3) No snare may be spring activated.

(4) Any snare must be set in a manner which prevents an animal from being suspended unless it is attached to a drowning mechanism.

(5) Any upland snare must be removed no later than March 31.

(6) Any water set snare must be removed no later than March 31.

(7) Except as provided in Section CSV.2.8.190(a)(13), any snare must have either a mechanical stop device which will prevent the snare loop size from becoming smaller than 2½ inches or a break-away mechanical lock.

(8) Except as provided in Section CSV.2.8.190(a)(13), any snare must have a swivel device on the anchor end.

(9) Except as provided in Section CSV.2.8.190(a)(13), any snare or cable wire may not have a diameter exceeding 1/8 inch.

(10) No upland snare shall be set on a well defined deer trail.

(11) No upland snare shall be set such that the bottom of the loop is more than 6 inches above the ground or, when the ground is snow covered, more than 6 inches above the level of the adjoining trail.

(12) No upland snare shall be set with a loop size greater than 10 inches in diameter.

(13) Members may use braided picture wire snares without locks or swivels for the purpose of snaring rabbits or hares.

(b) No member shall trap small game by the use of a restraining snare except in compliance with the following provisions:

(1) No restraining snare may be set, placed or operated for any species other than fox, coyote, and bobcat.

(2) No restraining snare may be set out or placed, whether set or sprung, during the closed season. Restraining snares may only be used from October 1 – March 31 for bobcat, coyote and fox.

(4) No restraining snare may be set, placed or operated with the bottom of the loop less than 6 inches or greater than 12 inches above the first surface beneath the bottom of the set restraint snare loop, where the surface is ground, ice, crusted or packed snow or any other hard surface.

(5) No restraining snare may be set, place or operate any cable restraining unless the noose cable and noose attachments conform to the following specifications:

(A) Cable length may not exceed 7 feet.

(B) Cable must be galvanized and include a swivel.

(D) Cable must be made of multiple strands of wire, with a diameter of 3/32 inch or larger.

(E) Include a breakaway device or stop rated at 285 pounds or less.

(F) Include a relaxing reverse-bend washer lock with a minimum outside diameter of 1¼ inches.

CSV.2.8.200 Possession and Sale of Live Small Game Animals

(a) As used in this section, the following terms shall be construed to apply as follows:

(1) "Control temporarily" means to possess a small game animal for a limited period of time for one of the following purposes:

(A) Removal or transportation of a small game animal from one location to a more appropriate location;

(B) Restraint or transportation of a small game animal for treatment or medical care;

(C) Restraint or transportation of a small game animal for game censuses, surveys or other purposes authorized by the Tribe; or

(D) Restraint, transportation or possession of a small game animal for the purpose of selling or otherwise transferring the animal to a person who is legally authorized to possess the live animal.

(2) "Possess" means to own, restrain, keep in captivity or transport a small game animal.

(b) Except as otherwise authorized by law or as provided in Section CSV.2.8.200(c) and (4), 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.

(c) A member may control temporarily a live small game animal provided that a member who controls temporarily a live small game animal for the purposes of selling or otherwise transferring the live animal complies with the provisions of Section CSV.2.8.200(d) and (5).

(d) A member may sell or otherwise transfer a live small game animal which was lawfully taken during the open season for that animal provided:

(1) the member sells or transfers the animal within three (3) days of when the animal was taken or retrieved and, if the animal is not sold or transferred within this period, the member must kill the animal;

(2) the person to whom the live small game animal is sold or transferred is legally authorized to possess the live animal and such person presents evidence of that authorization to the member;

(3) in addition to the requirements of Section CSV.2.3.260 [Records of Commercial Transactions Required], the member maintains a record of each sale or transfer, the name and address of the purchaser or transferee, the type of authorization or license held by the purchaser or transferee and its number, if any, the date of the sale or transfer, and a description of the animal involved;

(4) if the animal taken for the purpose of selling or transferring pursuant to this section is an otter, bobcat or fisher, the member must attach the carcass tag to the container in which the animal is transported to the registration station;

(5) any otter, bobcat or fisher which is taken for the purpose of selling or transferring pursuant to this section shall be registered in accordance with the provisions of Section CSV.2.8.080 [Otter, Bobcat and Fisher Registration] provided the member retains the registration tag and such other registration documents provided by the registering official until such time as the animal is sold, transferred or otherwise disposed of;

(6) the member transfers to the purchaser or transferee the registration tag and other required registration documents for any otter, bobcat or fisher sold or transferred pursuant to this section; and

(7) the member treats it in a humane manner and confines the animal under sanitary conditions with proper and adequate housing, care, food and fresh water.

(e) Any otter, bobcat or fisher sold or otherwise transferred pursuant to this section shall be counted against the quota for the particular species, and, any fisher shall count against the quota of the fisher management zone in which the fisher was taken.

CSV.2.8.210 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 tribal conservation department, or shall immediately release the animal if the animal was live trapped.

CSV.2.8.220 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.

CSV.2.8.230 Sale of Small Game Authorized

(a) Nothing in this ordinance 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.

(b) The provisions of Section CSV.2.3.260 [Records of Commercial Transactions] shall not apply to the sale of the fur of any small game furbearing species.

CSV.2.8.240 Authorization for Closure

The Commission's Biological Services Director, or his or her designate, is hereby delegated the authority:

(a) to close the small game hunting and trapping season for otter, bobcat or fisher, provided there remains no otter, bobcat or fisher available for harvest under this ordinance; and

(b) to close any fisher management zone prior to the season's closing date, provided there remains no fisher available for harvest under this ordinance in that zone.

CSV.2.8.250 Sharing of Equipment/Assisting Tribal 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 or a member of another signatory tribe except as provided in Section CSV.2.3.300 [Permissible Conduct/ Assistance by Non-Members].

CSV.2.8.260 Wild Turkey Hunting Regulations

(a) Permit Required. No member shall hunt wild turkeys without possessing a valid small game hunting permit issued pursuant to the provisions of this subchapter.

(b) Season. No member shall harvest any wild turkeys except during the open season which shall be as follows (all dates are inclusive):

(1) Fall Season: Day after Labor Day to December 31.

(2) Spring Season: Wednesday nearest April 13 for forty-two (42) consecutive days.

(A) For State Park Hunting Zones, the spring season will be limited to the first three periods, which will open on the Wednesday nearest April 13 for twenty-one (21) consecutive days.

(1) Unless a wild turkey quota system is triggered by the provisions of subs. 3(b) of this section, there shall be no limit on the number of wild turkeys available for harvest under this ordinance.

(2) The Commission's Biological Services Director, or his or her designate, is hereby delegated the authority to implement the provisions of Section III.A.1 of the Stipulation for Technical, Management and other Updates: First Amendment of the Stipulations Incorporated into the Final Judgment [hereafter referred to in this section as "Stipulation"] entered into between the tribal and state parties in Lac Courte Oreilles Band, et al. v. State of Wisconsin, et al., Case No. 74-C-313 (United States District Court, Western District of Wisconsin) regarding the implementation of a quota management system for wild turkeys.

(3) When a tribal wild turkey quota is required in a particular wild turkey management zone, the number of wild turkeys (tribal quota) which shall be available for harvest in that zone pursuant to this ordinance for each twelve month period commencing September 1 and ending August 31 shall be limited to the number established pursuant to the Chippewa Intertribal Agreement Governing Resource Management and Regulation of Off-Reservation Treaty Rights in the Ceded Territory.

(4) When a tribal wild turkey quota is required, no member shall hunt wild turkeys in any wild turkey management zone which has been closed to further wild turkey hunting pursuant to Section CSV.2.8.260(i).

(d) Bag Limit. No member shall harvest more than 3 wild turkeys per day.

(e) Wild Turkey Management Zones.

(1) The Commission's Biological Services Division Director, or his or her designee, is hereby delegated the authority to implement the provisions of Sections VII.A and VII.B.5 of the Stipulation for Technical, Management and other Updates [hereafter referred to in this section as "Stipulation"] entered into between the tribal and state parties in Lac Courte Oreilles Band, et al. v. State of Wisconsin, et al., Case No. 74-C-313 (United States District Court, Western District of Wisconsin) regarding tribal turkey management zones within the ceded territory consistent with the Stipulation's requirements.

(2) Such wild turkey management zones shall be included in the Commission's document entitled Tribal Management Units and Zones in the Wisconsin portion of the 1837 and 1842 Ceded Territories that is incorporated into this ordinance pursuant to Section CSV.2.3.270.

(f) Methods of Turkey Harvest. No member shall hunt wild turkeys:

(1) By any means other than a shotgun or muzzle-loading shotgun fired from the shoulder, or a bow and arrow or a crossbow.

(2) With the aid of recorded bird calls or sounds or electrically amplified imitations of bird calls or sounds, except when a member possesses a valid disabled hunter permit pursuant to Section CSV.2.3.320 of this ordinance.

(3) [Open].

(4) With live decoys for the purposes of enticing wild turkeys.

(g) Registration Required.

(1) A member killing a wild turkey pursuant to this ordinance shall register the wild turkey no later than 5:00 p.m. of the third working day following the killing.

(2) No member shall fail to inform the tribal 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.

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

(4) Any tribal or Commission warden authorized pursuant to Section CSV.2.4.020 to enforce the provisions of this ordinance is authorized to register wild turkeys in the field provided such warden provides all registering information to a tribal registration station no later than 5:00 p.m. of the first working day after field registration.

(h) Other Restrictions Applicable.

(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.

(2)(A) No member shall hunt wild turkeys in any area designated pursuant to Section CSV.2.8.260(h)(2)(B) as a wild turkey reintroduction area.

(B) The Commission's Biological Services Director, or his or her designee, is hereby authorized, upon prior consultation with the Tribe, to designate certain areas within the ceded territory as wild turkey reintroduction areas in which the hunting of wild turkeys shall be prohibited.

(i) Authorization for Closure. The Commission's Biological Services Director, or his or her designee, is hereby delegated the authority to close any wild turkey management zone to turkey hunting prior to the season's closing date, provided there remains no turkeys available for harvest under this ordinance in that zone.

CSV.2.8.270 Small Game Hunting Caliber Restrictions

(a) No member shall hunt any bobwhite quail, hungarian partridge, pheasant, ruffed grouse or sharp-tailed grouse with a rifle or a shotgun loaded with a single ball or slug or shot larger than no. BB.

(b) A member may hunt ruffed grouse with a .22 caliber rim-fire rifle.

Subchapter CSV.2.9 Fish Harvesting Regulations

Legislative History

Section CSV.2.9.270 was created on April 4, 1992 and adopted by the Voigt Intertribal Task Force on April 15, 1992.

Section CSV.2.9.180 was amended by the Stipulation for Technical, Management, and Other Updates: Second Amendment of Stipulations Incorporated in the Final Judgment and was adopted by the Voigt Intertribal Task Force on October 7, 2010.

Section CSV.2.9.150 was amended by the Stipulation for Technical, Management, and Other Updates: First Amendment of Stipulations Incorporated into Final Judgment and was adopted by the Voigt Intertribal Task Force on August 7, 2008.

Section CSV.2.9.080 was amended by the Stipulation for Technical, Management, and Other Updates: First Amendment of Stipulations Incorporated into Final Judgment and was adopted by the Voigt Intertribal Task Force on August 7, 2008.

Section CSV.2.9.060 was amended by the Stipulation for Technical, Management, and Other Updates: Second Amendment of Stipulations Incorporated in the Final Judgment and was adopted by the Voigt Intertribal Task Force on October 7, 2010.

This version of the code was originally adopted on pursuant to Lac Courte Oreilles Tribal Governing Board Resolution No. 90-62 on September 4, 1990.

CSV.2.9.010 Definitions

For the purpose of this subchapter, the following terms shall be construed as follows:

(a) "Dip Net" means a piece of netting suspended from a round or square frame not exceeding 8 feet in diameter or 8 feet in width and 8 feet in length.

(b) "Fyke Net" or "Trap Net" means a device constructed of netting which may employ a frame, wings or wings and leads, and which directs the movement of fish through a funnel of netting into inner hearts or built-in forebays wherein the fish are trapped by their own movement.

(d) "Hook and Line" means a rod and reel or similar device including a tip up and hand held lines, and includes trolling.

(e) "Ice Fishing" means fishing though an artificial hole in the ice.

(f) "Net" means any dip net, fyke net, gill net or seine and when used as a verb means to fish with any of these nets.

(g) "Open Water Fishing" means all fishing other than fishing through an artificial hole in the ice.

(h) "Seine" means a net of mesh no larger than 2" stretch measure, with floats at the top and weights at the bottom, such that it hangs vertically in the water, and which is drawn through the water to capture fish by encircling them rather than entangling them.

(i) "Spear" means a pole tipped with a minimum of three barbed tines which are a minimum of 4-1/2" long and each tine having a barb extending perpendicular which is greater than 1/8 inch; and when used as a verb, means reducing or attempting to reduce to possession fish by means of a hand held spear or other similar device which is directed by the spearer for the purpose of impaling the target fish, and may include the use of artificial light. When used as a verb, spear shall also mean snagging for the purpose of this ordinance.

(j) "Set or Bank Pole" means a pole used for fishing from the banks of lakes or rivers in compliance with the provisions of Section CSV.2.9.090.

(k) "Setline" means a line used for fishing in compliance with the provisions of Section CSV.2.9.090.

(l) "Snagging" means attempting to take or reduce a fish to possession by hooking a fish in a place other than the mouth by the use of a hook and line or any other device which is not a net or spear.

(m) "Troll" means to fish from a motor-driven boat when the motor is running, from any boat in tow of a motor-driven boat when the motor is running, or from a sailboat when in motion.

(n) "Unattended" means beyond visual contact with the aid of a magnifying device for a period of more than 1/2 hour.

CSV.2.9.020 Open and Closed Season

A closed season is hereby established for fishing except for the open seasons specified in this subchapter.

CSV.2.9.030 Number of Fish Available for Harvest

The number of any species of fish (tribal quota) which shall be available for harvest pursuant to this ordinance for each twelve month period from April 1 through March 31 shall be limited to the number established pursuant to the Chippewa Intertribal Agreement Governing Resource Management and Regulation of Off-Reservation Treaty Rights in the Ceded Territory.

CSV.2.9.040 Fishing Permits

(a) No member shall fish pursuant to this ordinance without possessing a valid fishing permit.

(b) No member shall fish with the use of a spear, except while ice fishing, or net pursuant to this ordinance without possessing a spearing or netting permit bearing the member's tribal identification number and valid for the date on which and the location in which the member is spearing or netting.

CSV.2.9.050 Seasons, Methods, Bag Limits, and Size Limits

(a) No member shall take, catch, kill or fish for any species of fish in excess of the bag limit, by means other than those enumerated, during other than the open season, below the minimum size limit, above the maximum size limit or in locations other than those established by this section.

(b) For the purposes of bag limits, "day" shall mean a continuous 24 hour period consistent with the nature of the harvest activity involved.

(c) Except as provided in Section CSV.2.9.050(d), below, the following table hereby establishes the open season, permissible methods, daily bag limits and size limits for the enumerated species of fish in the identified locations:

Kind of Fish and Locality	Methods Permitted	Open Season (dates are inclusive)	Bag Limit	Maximum or Minimum Size Limits
(a) Large Mouth & Small Mouth Bass
(i) All waters	Open water hook & line fishing, ice fishing (including spearing when ice fishing)	Year Around	10 per person/day	None
(ii) All waters	Open water spearing subject to Section CSV.2.9.060, and snagging	Year Around	10 per person/day	None
(iii) All waters	Setline, set or bank pole subject to Section CSV.2.9.090	Year Around	None	None
(iv) All waters	All nets (except gillnets) subject to Section CSV.2.9.070	Year Around	10 per person/day	None
(v) 1000 acre or larger lakes	Gillnets subject to Section CSV.2.9.080	June 1 to March 1	10 per person/day	None
(b) Walleye
(i) All waters	Open water hook & line fishing, ice fishing (including spearing when ice fishing)	Year Around	None	None
(ii) All waters	Open water spearing subject to Section CSV.2.9.060, and snagging	Year Around	Established by permit issued pursuant to Section CSV.2.9.060	Maximum of 20" except each fisher may take one fish 20-24" and one fish any size per permit
(iii) All waters	All nets (except gillnets) subject to Section CSV.2.9.070	Year Around	Established by permit issued pursuant to Section CSV.2.9.070	Identifiable males only prior to May 1. Maximum of 20" thereafter
(iv) All waters	Setline, set or bank pole subject to Section CSV.2.9.090	Year Around	None	None
(v) 1000 acre or larger lakes	Gillnets subject to Section CSV.2.9.080	June 1 to March 1	Established by permits issued pursuant to Section CSV.2.9.080	None

(c) Northern Pike
(i) All waters	Open water hook & line fishing, ice fishing (including spearing when ice fishing)	Year Around	None	None
(ii) All waters	Open water spearing subject to Section CSV.2.9.060, and snagging	Year Around	10 per person/day	None
(iii) All waters	Setline, set or bank pole subject to Section CSV.2.9.090	Year Around	10 per person/day	None
(iv) All waters	All nets (except gillnets) subject to Section CSV.2.9.070	Year Around	10 per person/day	None
(v) 1000 acre or larger lakes	Gillnets subject to Section CSV.2.9.060	June 1 to March 1	10 per person/day	None
(d) Rock or Lake Sturgeon
(i) All waters	Open water hook & line fishing, ice fishing (including spearing when ice fishing)	June 1 to March 1 (except as provided in Section CSV.2.9.260	1 per person/year All methods	45" minimum size limit (except as provided in Section CSV.2.9.260)
(ii) All waters	Open water spearing and snagging subject to Section CSV.2.9.060 and spearing while ice fishing	June 1 to March 1 (except that 1 sturgeon per lake may be taken by all tribes during spring spearing and except as provided in Section CSV.2.9.260	1 per person/year All methods	45" minimum size limit (except as provided in Section CSV.2.9.260)
(iii) All waters	Setline, set or bank pole subject to Section CSV.2.9.090	June 1 to March 1 (except as provided in Section CSV.2.9.260	1 per person/year All methods	45" minimum size limit (except as provided in Section CSV.2.9.260)
(iv) All waters	All nets (except gillnets) subject to Section CSV.2.9.070	June 1 to March 1 (except as provided in Section CSV.2.9.260)	1 per person/year All methods	45" minimum size limit (except as provided in Section CSV.2.9.260)
(v) 1000 acre or larger lakes	Gillnets subject to Section CSV.2.9.080	June 1 to March 1 (except as provided in Section CSV.2.9.260)	1 per person/year All methods	45" minimum size limit (except as provided in Section CSV.2.9.260)

(e) Muskellunge
(i) All waters	Open water hook & line fishing, ice fishing (including spearing when ice fishing)	Year Around	None	First fish may be of any size; thereafter, at least ½ of a catch must be at least 32"
(ii) All waters	Open water spearing subject to Section CSV.2.9.060; and snagging	Year Around	Established by permits issued pursuant to Section CSV.2.9.060	First fish may be of any size; thereafter, at least ½ of a catch must be at least 32"
(iii) All waters	Setline, set or bank pole subject to Section CSV.2.9.090	Year Around	None	First fish may be of any size; thereafter, at least ½ of a catch must be at least 32"
(iv) All waters	All nets (except gillnets) subject to Section CSV.2.9.070	Year Around	Established by permits issued pursuant to Section CSV.2.9.070	First fish may be of any size; thereafter, at least ½ of a catch must be at least 32"
(v) 1000 acre or larger waters	Gillnets subject to Section CSV.2.9.080	June 1 to March 1	Established by permits issued pursuant to Section CSV.2.9.080	First fish may be of any size; thereafter, at least ½ of a catch must be at least 32"
(f) Trout and Salmon (except Lake Trout)
(i) Lake Superior tributaries	Hook & line	Established in Section CSV.2.9.250	10 per person/day in aggregate of which only 2 may be rainbow	Established in Section CSV.2.9.250
(ii) All other waters except spring ponds	Hook & line	January 1 to September 30	5 per person/day in aggregate	None
(iii) Spring ponds	Hook & line	First Saturday in May to September	5 per person/day in aggregate	None
(g) Lake Trout
All waters	Open water hook & line fishing, ice fishing (including spearing when ice fishing), open water spearing and snagging subject to Section CSV.2.9.060	Year Around	2 per person/day	26" minimum size limit

(h) White Bass , Rock Bass, Bluegill, Crappie, Pumpkinseed, Catfish, Yellow Perch, Yellow Bass
(i) All waters	Open water hook & line fishing, ice fishing (including spearing when ice fishing), open water spearing and snagging subject to Section CSV.2.9.060; setline, set or bank pole subject to Section CSV.2.9.090; all nets (excluding gillnets) subject to Section CSV.2.9.070	Year Around	None	None
(ii) 1000 acre or larger lakes	Gillnets subject to Section CSV.2.9.080	Year Around	None	None
(i) Cisco and Whitefish
(i) All waters	Hook & line; ice fishing (including spearing when ice fishing); open water spearing and snagging subject to Section CSV.2.9.060; setline, set or bank pole subject to Section CSV.2.9.090; all nets (excluding gillnets) subject to Section CSV.2.9.070	Year Around	None; exception: Trout Lake (Vilas County) bag limits for open water spearing and netting established by permits issued pursuant to Section CSV.2.9.060 and Section CSV.2.9.070, respectively	None
(ii) 1000 acre or larger lakes	Gillnets subject to Section CSV.2.9.080	Year Around	None; exception: Trout Lake (Vilas County) bag limits for gillnetting shall be established by permits issued pursuant to Section CSV.2.9.080	None

(j) Rough Fish
(i) All waters	All methods not otherwise specifically prohibited by this ordinance except gillnetting	Year Around	None	None
(ii) 1000 acre or larger lakes	Gillnets subject to Section CSV.2.9.080	Year Around	None	None
(k) Paddlefish or Spoonbill Catfish
All waters –	No Open Season

(d)(1) The Commission's Biological Services Director, or his or her designate, is hereby delegated the authority to implement the provisions of Section B.1.h. of the Stipulation for Fish Species Other Than Walleye and Muskellunge [hereafter referred to in this section as "Stipulation"] entered into between the tribal and state parties in Lac Courte Oreilles Band, et. al., v. State of Wisconsin, et. al., Case No. 74-C-313 (United States District Court, Western District of Wisconsin) regarding the implementation of a quota management system for the following species for open water spearing and netting: Largemouth and Smallmouth Bass; Northern Pike; White Bass; Channel Catfish; Cisco; Bullhead (all species, singularly or in aggregate); Rock Bass; Pumpkinseed; Bluegill; Crappie (in aggregate); and Yellow Perch.

(2) When the requirements necessary to trigger a quota management system for a particular species are met under the Stipulation:

(A) Tribal harvest by open water spearing and netting of that species on the water body shall cease for the remainder of the fishing year;

(B) The quota management system required by the Stipulation for that water body and other water bodies as identified in the Stipulation shall be implemented; and

(C) The tribal conservation department shall issue open water spearing and netting permits in compliance with the requirements of the Stipulation while the quota management system remains in place. Such permits shall establish the daily bag limits applicable to the species which have been subjected to the quota management system.

CSV.2.9.060 Spearing Regulated

(a) Except while ice fishing, no member shall use or possess any spear on any body of water unless the member possesses a valid permit authorizing the use of a spear on that body of water.

(b) The tribal conservation department may issue an open water spearing permit to a member provided:

(1) An open season exists for the species to be fished;

(2) The permit shall be valid for no more than 1 day for walleye, muskellunge and sturgeon spearing and for no more than 3 consecutive days for the spearing of all other species;

(3) The permit establishes the respective daily bag limits for walleye and muskellunge which may be less than but shall not exceed the remaining respective tribal quotas for walleye and muskellunge in the designated body of water;

(4) The respective number of walleye or muskellunge spearing permits which may be issued at any one time shall not exceed the tribal quota of walleye or muskellunge divided by the respective daily bag limit;

(5) The permit designates the body of water for which the permit is valid;

(6) No spearing permit issued pursuant to this section and no netting permit issued pursuant to Section CSV.2.9.070 or Section CSV.2.9.080 shall be simultaneously valid for any body of water;

(7) The permit requires the member's signature; and

(8) The tribal conservation department may impose such other terms and conditions as it deems necessary or appropriate, including biological monitoring requirements appropriate to the level of harvest activity on any body of water.

(c) No member shall fish by the use of a spear contrary to the terms and conditions of any spearing permit which has been issued to him or her.

(d) No member shall fish with the use of a spear which does not meet the requirements of Section CSV.2.9.010(i) [Spear Defined], except that a member may spear panfish with the use of a spear with barbed tines that are smaller than otherwise required.

(e) Except while ice fishing, no member shall possess any fish harvesting devices other than a spear while engaged in spearing.

(f) No member shall share spearing equipment with any person who is not a member of a signatory tribe as provided in Section CSV.2.3.300 [Permissible Conduct/Assistance by Non-Members].

(g) The tribal conservation department shall not issue a permit for spearing a particular species of fish in a particular body of water under this section if no tribal quota for that species remains available in that body of water.

(h) The tribal conservation department shall not issue a spearing permit under this section for a particular body of water unless a biological monitoring team will be present at that body of water to monitor the spearing harvest, except as described in the following comprehensive tribal document as it may be amended from time to time, and is hereby adopted and incorporated in this ordinance as if fully set forth herein, and no member shall fail to comply with the closures and other restrictions established by this document:

Tribal Alternative Monitoring of Walleye Harvest on Certain Lakes in the Wisconsin portion of the 1837 and 1842 Ceded Territories (Version 1: January 2010).

(i) The tribal conservation department may issue an open water spearing permit to a member for a designated stream segment, as identified in Section CSV.2.9.060(j), provided:

(1) The permit shall authorize spearing only on a stream segment listed in the Designated Tribal River and Stream Segments in the Wisconsin portion of the 1837 and 1842 Ceded Territories (Version 1: January 2010) document as available for open water spearing;

(2) No designated stream segment shall be speared for a particular species for more than two days in a fishing year;

(3) No spearing shall be authorized in any fish refuge located within the designated stream segment;

(4) The permit requires the use of designated landings for ingress to and egress from the designated stream segment;

(5) Spearing in a designated steam segment may take place from a boat or while wading;

(6) The permit imposes the following bag limits for the species indicated:

(A) Sturgeon – One per day per designated stream segment (All boats)

(B) Muskellunge – Four per day per designated stream segment (All boats)

(7) The tribal conservation department may impose such other terms and conditions as it deems necessary or appropriate, including biological monitoring requirements in addition to those contained in Section CSV.2.9.060(h) appropriate to the level of harvest activity on a designated stream segment.

(j) For the purpose of this section, "designated stream segment" means a section of stream or river that has a discrete in-stream population of a particular species as opposed to an "adjacent spawning stream segment," which means a section of a tributary stream or river that has a discrete fish population of a lake which moves into a tributary stream or river to spawn.

(k) The tribal conservation department may issue an open water spearing permit to a member for an adjacent spawning stream segment, as identified in Section CSV.2.9.060(j), provided:

(1) The permit shall authorize spearing only on an adjacent spawning stream segment listed in the comprehensive tribal document entitled: Designated Tribal River and Stream Segments in the Wisconsin portion of the 1837 and 1842 Ceded Territories (Version 1: January 2010).

(2) The Tribes' designated "lake" declaration (quota) for a fishing year will be deemed to apply to both the "lake" and to the "adjacent spawning stream segment" as defined in Section CSV.2.9.060(k)(1).

(3) The regulations that apply to spearing in the "lake" shall also apply to spearing in the "adjacent spawning stream segment;" as defined in Section CSV.2.9.060(k)(1).

(4) The tribal conservation department may impose such other terms and conditions as it deems necessary or appropriate, including biological monitoring requirements in addition to those contained in Section CSV.2.9.060(h) appropriate to the level of harvest activity on an adjacent spawning stream segment as defined in Section CSV.2.9.060(k)(1).

CSV.2.9.070 Dip Nets, Fyke Nets and Seines Regulated

(a) Except while netting for minnows pursuant to Section CSV.2.9.190(b), no member shall use or possess any dip net, fyke net or seine on any body of water unless the member possesses a valid permit authorizing the use of a dip net, fyke net or seine on that body of water.

(b) The tribal conservation department may issue a dip netting, fyke netting or seining permit, provided:

(1) An open season exists for the species to be fished;

(2) The permit shall be valid for no more than 1 day for walleye, muskellunge, and sturgeon netting, and for no more than 3 consecutive days for the netting of all other species;

(3) The permit establishes the respective daily bag limit for walleye and muskellunge which may be less than but shall not exceed the respective tribal quota for walleye and muskellunge remaining in the designated body of water;

(4) The respective number of walleye and muskellunge netting permits issued under this section shall not exceed the remaining tribal quota for walleye or muskellunge divided by the respective daily bag limit;

(5) Netting for all species with dip nets, fyke nets or seines is limited to one body of water for the duration of the permit;

(6) No netting permit issued pursuant to this section, no gillnetting permit issued pursuant to Section CSV.2.9.080 and no spearing permit issued pursuant to Section CSV.2.9.060 shall be simultaneously valid for any body of water;

(7) The permit shall require that all nets authorized comply with the marking requirements of Section CSV.2.9.080(i) and the safety requirements of Section CSV.2.9.080 Section CSV.2.9.080(j) and Section CSV.2.9.080(k).

(8) The permit requires the member's signature;

(9) Permits issued pursuant to Section CSV.2.9.190 [Bait Dealers Regulated] shall be governed by the provisions of that section; and

(10) The tribal conservation department may impose such other terms and conditions as it deems necessary or appropriate, including biological monitoring requirements appropriate to the level of harvest activity on any body of water.

(c) No member shall fish by the use of a dip net, fyke net or seine contrary to the terms and conditions of any netting permit which has been issued to him or her.

(d) No member shall fish with the use of a dip net, fyke net or seine which does not meet the requirements of Section CSV.2.9.010(a) [Dip Net Defined], Section CSV.2.9.010(b) [Fyke Net Defined], or Section CSV.2.9.010(h) [Seine Defined].

(e) Except while netting for minnows pursuant to Section CSV.2.9.190, no member shall possess any fish harvesting device other than a dip net, fyke net or seine while engaged in netting under this section.

(f) No member shall share netting equipment authorized under this section with any person who is not a member of a signatory tribe, except as provided in Section CSV.2.3.300 [Permissible Conduct/Assistance by Non-Members].

(g) The tribal conservation department shall not issue a permit for netting a particular species of fish on a particular body of water under this section if no tribal quota for that species remains available in that body of water.

CSV.2.9.080 Gillnets Regulated

(a) No member shall use or possess any gillnet on any body of water unless the member possesses a valid permit authorizing the use of a gillnet on that body of water.

(b) The tribal conservation department may issue a gillnetting permit for any lake open to gillnetting, except for the southern basin of Trout Lake (Vilas County) so long as the lake trout harvest by state anglers is prohibited on that water body, provided:

(1) An open season exists for the species to be fished;

(2) The permit shall be valid for no more than 1 day for any species;

(3) The permit establishes the respective daily bag limits for walleye and muskellunge which may be less than but shall not exceed the respective tribal quota for walleye and muskellunge remaining in that lake;

(4) Except as provided in Section CSV.2.9.080(n), any number of permits may be issued at any one time for any lake but the total length in feet of all gillnets authorized for all permits on any one lake shall not exceed the number of walleye remaining available for harvest in that lake multiplied by 10;

(5) Gillnetting for all species is limited to one body of water for the duration of the permit;

(6) No gillnetting permit issued pursuant to this section, no spearing permit issued pursuant to Section CSV.2.9.060 or netting permit issued pursuant to Section CSV.2.9.070 shall be simultaneously valid for any body of water;

(7) The permit requires the member's signature;

(8) Except as provided in Section CSV.2.9.080(n), the permit establishes the maximum length in feet and the mesh size of the gillnet which is authorized as determined from the spring walleye population average length and the following chart:

Spring Length Maximum Allowable

(Stretched) Mesh Size

13.5" 2.5"

(9) - 16.49" 3.0"

No Length Data (NR Model) 3.0"

No Length Data (ST and NR2/ REM Model) 3.5"

(10) - 18.49" 3.5"

(11) - 20.49" 4.0"

20.5" and under 4.5"

(12)(A) For lakes with no current length data (which otherwise would not be open to gillnetting), the allowable gillnet mesh size will be 3.0 inch for lakes with walleye recruitment codes used in the NR model, and 3.5 inch for lakes with recruitment codes used in the ST and NR2/REM models.

(B) For all lakes with an allowable gillnet mesh size of 3.0 inches, 4.0 inches, and 4.5 inches (including lakes with no current data as described in Section CSV.2.9.080(b)(1) above), 3.5 inch mesh nets may also be used. However, for lakes with an allowable mesh size of 3.0 inches the following will apply whenever 3.5 inch mesh nets are used:

(i) If an adult population estimate is conducted during spring of the year that gillnetting takes place, no reduction to the remaining walleye quota will occur. The Inland Fisheries Technical Working Group (TWG) will continue to evaluate the effects of using 3.5 inch mesh on the number of walleye 20 inches and larger in these lakes.

(ii) If an adult walleye population estimate is not conducted during spring of the year that gillnetting takes place, the remaining walleye quota will be reduced by twenty four percent (24%). This reduction would on average, keep harvest the harvest of walleye 20 inches and larger the same as what it would have been using 3.0 inch mesh gillnets

(D) In determining the spring average length of walleye, data gathered by the use of any appropriate gear, such as fyke nets, electro-shocking or spearing, may be utilized provided that an accurate assessment of walleye size can be accomplished.

(13) The tribal conservation department or the Commission may impose such other terms and conditions as it deems appropriate or necessary, including such biological monitoring requirements appropriate to the level of harvest activity on any body of water.

(c) No member shall fish by the use of a gillnet contrary to the terms and conditions of any gillnetting permit which has been issued to him or her.

(d) No member shall fish with the use of a gillnet which does not meet the requirements of Section CSV.2.9.010(c) [Gillnet Defined].

(e) No member shall possess any fish harvesting device other than a gillnet while engaged in gillnetting under this section.

(f) No member shall share gillnetting equipment authorized under this section with any person who is not a member of a signatory tribe, except as provided in Section CSV.2.3.300 [Permissible Conduct/Assistance by Non-Member].

(g) Where the annual tribal quota for any fish species as established pursuant to Section CSV.2.9.030 has been taken on a body of water by any method or combination of methods:

(1) No gillnetting under this section may take place on that body of water until the following fishing year; and

(2) The tribal conservation department shall not issue permits for gillnetting on that particular body of water for the remainder of the fishing year.

(h) In imposing appropriate mesh size restrictions on a gillnet permit, the tribal conservation department shall consult with the Commission's Biological Services Division and any size restriction shall take into account the length distribution of the adult fish population in the lake to be fished.

(i) No member shall fish with any gillnet unless the gillnet is marked in compliance with the following provisions:

(1) Each gillnet shall be marked with two flags on the inside of the net and one flag on the outside;

(2) Each flag pole shall be three feet or more above the water and have a diameter of two-and-one-half inches or less;

(3) Each flag shall be white and ten inches square or larger; and

(4) Each pole shall have attached securely to it an identification tag issued by the tribal conservation department showing the member's tribal affiliation and tribal identification number.

(j) No member shall set a gillnet in open water with a topline within 3 feet of the water's surface unless the gillnet is buoyed at 500 foot intervals.

(k) No member shall set any gillnet in a manner in which any part of the net is in less than ten feet of water, or in an unsafe manner which shall unreasonably expose boaters and other users of the lake to a foreseeable risk of imminent bodily harm or property damage, or contrary to such other restrictions as the tribal conservation department may require.

(l) No member shall remove a gillnet from a lake without first removing from the gillnet and returning all crayfish to the water or killing all crayfish entangled in the gillnet.

(m) No member shall fail to lift any gillnet at least two times in each continuous 24 hour period during which the net is set, or more frequently as water temperatures may require so as to avoid the spoilage of any fish taken by the net.

(n) Notwithstanding the provisions of Section CSV.2.9.080(b)(4) and (2)(h), the tribal conservation department may issue a permit for gillnetting ciscos (tulibees) on such terms and conditions as it deems necessary or appropriate, provided that at a minimum all other provisions of this section shall otherwise apply to cisco gillnetting permits.

CSV.2.9.090 Setlines and Set or Bank Poles Regulated

(a) No member shall fish with or set any setline or set or bank pole except in accordance with the following provisions:

(1) A maximum of 20 set or bank poles and 1 setline may be used in no more than 3 bodies of water at any one time.

(2) Setlines shall be marked at one end by a white flag ten inches square or larger held by a pole three feet or more above the surface of the water or bank; the pole shall not be more than two-and-one-half inches in diameter and, if a buoy is used to hold the pole, it shall be round or ovate in shape and have a diameter of fifteen inches or less; the pole shall not be placed in the main channel of any navigable waterway;

(3) Each set or bank pole and each setline shall have attached securely to it an identification tag issued by the Tribe showing the member's tribal affiliation and tribal identification number.

(4) Setlines or set or bank poles shall not be equipped with stainless steel hooks.

(5) A set or bank pole may not be equipped with more than one line which shall not have more than 2 hooks.

(6) A setline shall not have more than 10 hooks.

(7) Each set or bank pole and setline shall be lifted and the catch removed at least once each day following the day it was set.

(8) Set or bank poles and setlines may only be set, attended or lifted from one hour before sunrise to one-half hour past sunset.

(9) The tribal conservation department may impose such other terms and conditions as it deems appropriate or necessary, including such biological monitoring requirements appropriate to the level of harvest activity on any body of water.

(b) No member shall fish with any set or bank pole or setline which does not meet the requirements of Section CSV.2.9.010(j) [Set or Bank Pole Defined] or Section CSV.2.9.010(k) [Setline Defined].

(c) No member shall possess any fish harvesting device other than a set or bank pole or setline while setting, lifting or attending a set or bank pole or setline.

(d) No member shall share any set or bank pole or setline with any person who is not a member of a signatory tribe, except as provided in Section CSV.2.3.300 [Permissible Conduct/Assistance by Non-Members].

CSV.2.9.100 Designated Landings May Be Required

(a) In issuing spearing or netting permit pursuant to Section CSV.2.9.060, Section CSV.2.9.070 or Section CSV.2.9.080, the tribal conservation department may require permittees to use only designated landings for entering upon and exiting from a body of water.

(b) When so required, no member shall enter upon or exit from a body of water except at such landings designated by the tribal conservation department pursuant to Section CSV.2.9.100(a).

(c) Notwithstanding the provisions of Section CSV.2.9.100(a) and (2), a member may exit from a body of water at a location other than a designated landing when necessitated by weather conditions, considerations of personal safety or other appropriate circumstances.

CSV.2.9.110 Reporting and Monitoring

(a) No member shall fail to complete catch reports in the manner required by the tribal conservation department or the Commission's Biological Services Division or to otherwise fail to comply with any catch monitoring requirements imposed by either of those agencies with respect to any fishing method authorized by this subchapter.

(b) The tribal conservation department shall issue no further permits under this subchapter to any member who has failed to complete and return any creel census questionnaire or other catch report required by Section CSV.2.9.110(a).

(c) In the event that a member fails to report or return a census questionnaire, the tribal conservation department or the Commission's Biological Services Division, shall count the total number of fish allowed by that member's permit against the tribal quota/harvest until such report or census questionnaire is completed and returned in compliance with this section.

CSV.2.9.120 Open Water Hook & Line Fishing Regulated

Except as provided in Section CSV.2.9.090 [Setlines and Set or Bank Poles Regulated], no member shall:

(a) Engage in open water fishing by the use of hook and line with more than six lines with a maximum of two hooks or lures per line; or

(b) Engage in open water fishing by the use of any unattended hook and line.

(c) Nothing in this ordinance shall be construed to prohibit any member from trolling on any body of water while engaged in open water fishing by the use of hook and line.

CSV.2.9.130 Ice Fishing Regulated

(a) No member shall ice fish by the use of hook and line through a hole larger than 12 inches in diameter.

(b) No member shall ice fish by the use of a spear through a hole larger than 24 inches by 36 inches.

(1) All unattended lines shall have attached a single iron hook with a maximum 1/2 inch point to shank gape;

(2) All unattended lines shall be of biodegradable material and shall be securely anchored so as not to be dislodged by a hooked fish;

(3) All unattended lines shall be tagged with a valid identification tag obtained from the tribe indicating the member's tribal affiliation and tribal identification number;

(4) Any member fishing with unattended lines shall, prior to doing so, inform the tribal conservation department of his or her name, address, phone number and lakes upon which the member intends to fish with unattended lines;

(5) Each unattended line shall be checked at least once every 24 hours unless severe weather conditions render it impractical to do so;

(6) No more than a total of 30 attended or unattended lines shall be used in no more than 3 lakes at any one time; and

(7) All poles used for unattended lines shall be marked so as to be visible to vehicular traffic, and all openings more than twelve inches in diameter or across shall be marked in a manner which identifies them as a hazard when unused.

(d) No member shall ice fish within an ice fishing house or other enclosure, unless the enclosure is equipped with a latch which will permit the door to be readily opened from the outside at all times while the house is occupied.

(e) No member shall place, maintain or use a house or other enclosure for ice fishing on any body of water unless the owner's name and address is clearly displayed on the outside of the house.

(f) No member shall fail to remove an ice fishing house or other enclosure from any body of water on or before March 15 except that portable shelters may be used while ice fishing after that date provided the portable shelter is removed daily from the ice.

(g) No member shall share any ice fishing gear, including any spear, with any person who is not a member of a signatory tribe, except as provided in Section CSV.2.3.300 [Permissible Conduct/Assistance by Non-Members].

CSV.2.9.140 Possession Limit

(a)(1) Except as provided in Section CSV.2.9.140(c) and (4), no member shall have in his or her possession any number of fresh fish of any species greater than double the daily bag limit of that species.

(2) For the purposes of this section, "fresh" means unspoiled and never frozen once removed from a body of water.

(b) Except as provided in Section CSV.2.9.140(c) and (4), no member shall possess more than one daily bag limit of any species of fish while on any body of water or while fishing unless all fish in excess of the daily bag limit have been tagged in accordance with Section CSV.2.3.100 as having been harvested on-reservation.

(c) The possession limits of this section shall not apply to fresh walleye lawfully taken pursuant to permits issued under Section CSV.2.9.060 [Spearing], Section CSV.2.9.070 [Netting] or Section CSV.2.9.080 [Gillnetting] when such walleye have been monitored and counted as the permittee leaves a body of water while on that body of water unless all walleye in excess of the daily bag limit have been tagged in accordance with Section CSV.2.3.100 as having been harvested on-reservation.

(d) The possession limits established by this section shall not apply to fresh fish tagged for sale pursuant to Section CSV.2.9.210.

CSV.2.9.150 Sturgeon Tagging Required

(a) No member shall fail to register with the tribal conservation department any sturgeon harvested pursuant to this ordinance prior to 5:00 p.m. of the third working day following the harvest.

(b) Upon registering a sturgeon, the registering official shall firmly affix a registration tag to the carcass.

CSV.2.9.160 Incidental Take by Gillnet

(a) No member shall retain possession of any species of fish taken in excess of the daily bag limit by the use of a gillnet authorized by Section CSV.2.9.080 and no member shall fail to either:

(1) Return to the water any such fish which appears capable of surviving; or

(2) Transfer possession of such fish as soon as practicable to the tribal conservation department or to a person authorized to enforce this ordinance.

(b) Any such fish transferred pursuant to Section CSV.2.9.160(a)(2) shall be disposed of by the tribe for charitable purposes but shall not be returned to the member or his or her immediate family.

CSV.2.9.170 Live Bait Restrictions

(a) No member shall use as live bait while fishing pursuant to this ordinance: carp, goldfish, redhorse, fresh water drum, burbot, bowfin, garfish, buffalo fish, lamprey, alewife, gizzard shad, smelt, goldeye, mooneye, carpsucker, quillback, and crayfish.

(b)(1) No member shall use as bait or possess or release any minnow or other fish except trout on any waters or shores of the following bodies of water which have been chemically treated for management purposes:

County Water

Barron Little Granite Lake

Burnett Banach Lake

Forest Bug Lake

Valley Lake

Logger Lake

Langlade McGee Lake

Pence Lake

Townline Lake

Lincoln Ament Lake

Moraine Lake

Tahoe Lake

Oneida Little Bass Lake (T39N 7E S15)

Hawk Lake (T38N R7E S22)

Polk Clarey Lake (a/k/a Twin Lake)

Pickerel Lake (a/k/a Crescent Lake)

Price Newman Springs

Patterson Lake

Taylor Spruce Lake

Vilas Shannon Lake (a/k/a Anderson Lake)

Pauto Lake

Fallison Lake

Firefly Lake

Mielke Lake (a/k/a Otto Mielke)

Emerald Lake

Little John Jr. Lake

Bluegill Lake

Wildwood Lake

Nebish Lake

Washburn Sawmill Lake

(2) The Commission's Biological Services Director is hereby authorized to add or delete bodies of water from the list contained in Section CSV.2.9.170(b)(1) provided that the Tribe is consulted prior to an addition or deletion.

CSV.2.9.180 Fishing in Certain Locations Prohibited or Restricted

(a) No member shall fish at any time within 50 yards of a tribal, Commission or Wisconsin Department of Natural Resources assessment net or its leads.

(b) No member shall fail to comply with the closures and other restrictions with respect to fish refuges and fish management experimental bodies of water established pursuant to

Section 2.327 [Tribal Administrative Documents Established].

CSV.2.9.190 Bait Dealers Regulated

(a) No member shall set, use or operate any net or other device for taking, catching or killing minnows except as provided by this section.

(b) Any member may take or possess less than 1200 minnows by the use of any net authorized by Section CSV.2.9.070 [Dip Nets, Fyke Nets and Seines] without a permit provided that while netting for minnows:

(1) No member shall remove or destroy vegetation, logs or habitat features;

(2) No member shall handle, transport or hold minnows except in a manner which will reasonably ensure the minnows will be kept alive and healthy; and

(3) No member shall fail to promptly return unharmed to the water all minnows not kept and all game fish caught by a net.

(c) No member shall take or possess more than 1200 minnows at any time unless the member possesses a permit issued pursuant to Section CSV.2.9.190(d).

(d) The tribal conservation department may issue a permit to a member authorizing the taking or possession at any time of more than 1200 minnows on the following terms and conditions:

(1) A permit shall include the member's name, address, tribal affiliation and tribal identification number;

(2) A permit shall specify the waters where the permit is valid and the number of nets or other devices which may be utilized at any time;

(3) A permit shall describe the nets or other devices authorized;

(4) A permit may be valid for no more than 12 months from the date of issuance;

(5) A permit shall require the member to transport, handle and hold minnows in a manner which will reasonably ensure the minnows will be kept alive and healthy;

(6) A permit shall require all minnows not kept and all game fish caught by the nets or other devices to be promptly returned unharmed to the water;

(7) A permit shall prohibit the removal or destruction of vegetation, logs and other habitat features; and

(8) The tribal conservation department may impose such other terms and conditions as it deems appropriate or necessary, including biological monitoring requirements appropriate to the level of harvest activity on any body of water.

(e) No member shall take or attempt to take minnows contrary to the terms and conditions of any permit issued under Section CSV.2.9.190(d).

(f) Nothing in this ordinance shall be construed to prohibit a member from selling to any person minnows lawfully taken pursuant to this section.

(g) No member shall sell aquatic insects taken from off-reservation waters.

(h) No member shall sell any bait fish except shiners and smelt taken from Lake Superior tributary streams.

CSV.2.9.200 Sale of Game Fish

(a)(1) The provisions of this section and Section CSV.2.9.210 shall not take effect until such time as the Tribal Governing Board specifically declares them to be effective by an enabling resolution.

(2) No member shall sell any game fish prior to the effective date as declared by the Tribal Governing Board pursuant to Section CSV.2.9.200(a)(1).

(b) At such time as the provisions of this section are declared effective pursuant to Section CSV.2.9.200(a)(1), no member shall sell to any person any game fish or part thereof lawfully harvested pursuant to this ordinance, except in accordance with the provisions of Section CSV.2.9.210 and in accordance with the terms and conditions of the enabling resolution of the Tribal Governing Board.

(c) Nothing in this ordinance shall be construed to prohibit any member from selling to any person any fish lawfully harvested pursuant to this ordinance which is not a game fish.

CSV.2.9.210 Sale of Game Fish Regulated

(a) The purpose of this section is to establish the regulations governing the sale of game fish pursuant to Section CSV.2.9.210(b).

(b) The tribal conservation department may issue sequentially numbered tags which authorize a member to sell a game fish lawfully harvested pursuant to this ordinance on the following conditions:

(1) Each whole game fish sold must be tagged prior to being sold; or

(2) If filleted prior to sale, all fillets from a game fish must be tagged together or otherwise packaged together with one tag prior to sale.

(c) No member shall sell a game fish or any part thereof pursuant to Section CSV.2.9.200(b) unless such game fish or parts thereof have been properly tagged in accordance with Section CSV.2.9.210(b).

CSV.2.9.220 Harvest of Spawn and Introduction of Fish Regulated

(a) No member shall stock, introduce, place, transfer or otherwise release any fish or any spawn of any fish into any body of water, except for returning or releasing a fish into a body of water from which it came.

(b)(1) Except in accordance with the provisions of Section CSV.2.9.220(b)(2), no member shall harvest the spawn of any fish unless the carcass of the fish is legally harvested pursuant to this ordinance.

(2)(A) The tribal conservation department may issue a permit to a member for harvesting only the spawn of any fish without harvesting the carcass of the fish upon such terms and conditions as it deems necessary or appropriate.

(B) No member shall fail to comply with the terms and conditions of any permit issued pursuant to this section.

CSV.2.9.230 Authorization for Closure

The Commission's Biological Services Director, or his or her designee, is hereby delegated the authority to close any body of water to fishing for any species subject to a tribal quota by the use of a spear or net prior to the season's closing date for that species, provided none of the tribal quota for that species remains in that body of water.

CSV.2.9.240 Compliance with Permits Issued by Other Tribes

No member shall fish pursuant to a spearing or netting permit issued by another signatory tribe in a manner which violates the provisions of that Tribe's law governing the activity authorized by the permit.

CSV.2.9.250 Lake Superior Tributary Regulations

The following seasons and size limits are hereby established for the identified Lake Superior Tributaries:

(a) Generally. Lake Superior tributary streams except the Brule River and its tributaries:

(1) Season: First Saturday in May at 5:00 a.m. to September 30

(2) Minimum Size Limit (inches): 6

(b) Brule River. The Brule River and its tributaries:

(1) Season: First Saturday in May at 5:00 a.m. to September 30

(2) Minimum Size Limit (inches): Brook Trout 8; Brown Trout 10; Rainbow Trout 12; Salmon 12

(1) Generally.

(A) The special early and extended open seasons for trout and salmon set forth in this subsection shall apply to the tributary streams identified by county in Section CSV.2.9.250(c)(1)(B):

(i) Season: Saturday nearest April 1 to the day before the first Saturday in May and October 1 to November 15

(ii) Minimum Size Limits (inches):10

(B) Tributaries:

(i) Ashland County: Off-reservation portion of the Bad River to Copper Falls; Potato River from its mouth upstream to Guerney Falls; Off-reservation portion of the White River upstream to the White River Dam; Brunsweiller and Marengo Rivers upstream to Hwy. 13.

(ii) Bayfield County: Cranberry River from its mouth upstream to the Lenawee Road; north fork Fish Creek from its mouth upstream to the junction with Pine Creek; Flag River from its mouth upstream to the junction with the east fork of the Flag River; Iron River from its mouth upstream to Orienta Dam; Sioux River from its mouth upstream to Big Rock Falls; Siskowitt River from its mouth upstream to second bridge.

(iii) Douglas County: Amnicon River from its mouth upstream to Amnicon Falls; Middle River from its mouth upstream to U.S. Hwy. 2; Nemadji river from its mouth upstream to Great Northern Railroad Bridge; Black River from its mouth upstream to Big Manitou Falls; Poplar River from its mouth upstream to U.S. Hwy. 2; St. Louis River from its mouth upstream to the Wisconsin-Minnesota State line.

(iv) Iron County. Graveyard Creek from its mouth upstream to U.S. Hwy. 2; Oronto Creek from its mouth upstream to its source; Parker Creek from its mouth upstream to its source.

(2) Brule River Special Early and Extended Seasons. The following restrictions shall apply to the special early and extended open seasons on the Brule River from its mouth upstream to the U.S. Hwy. 2 bridge crossing:

(A) Seasons and Size Limits.

(i) Season: Saturday nearest April 1 to the day before the first Saturday in May and October 1 to November 15

(ii) Minimum Size Limit (inches): Brook Trout 8; Brown Trout 10; Rainbow Trout 12; Salmon 12

(B) Special Restrictions. During the special early and extended seasons on the Brule River as provided in Section CSV.2.9.250(c)(2)(A), fishing is prohibited one-half hour after sunset to one-half hour before sunrise except when lawfully fishing for smelt.

CSV.2.9.260 Special Sturgeon Regulations

(a) The regulations set forth in this section shall supersede the season and size restrictions provided by Section 2.905 (3)(d).

(b) On lakes with adequate population estimates for sturgeon which are subject to a quota management system in accordance with the provisions of Section B.1.i. of the Stipulation on Fish Species referenced in Section CSV.2.9.050(d), there shall be no minimum size limit or seasonal restrictions and the tribal conservation department may issue permits authorizing harvest by tribal members accordingly provided total tribal harvest on such lakes is limited to a quota consistent with the Stipulation.

CSV.2.9.270 Alteration of Fish Size Prohibited

While open-water spearing or netting, no person shall cut, clip, or otherwise alter the size of any fish before the fish is counted by a biological monitoring team. This provision does not apply to fish whose length has been altered as an incidental result of the act of spearing or netting, as a result of natural causes, or as part of a biological survey or assessment.

Subchapter CSV.2.10 Migratory Bird Harvesting Regulations

Legislative History

Section CSV.2.10.210 was adopted by the Voigt Intertribal Task Force on October 22, 1993.

Section CSV.2.10.200 was adopted by the Voigt Intertribal Task Force on October 22, 1993.

This version of the code was originally adopted on pursuant to Lac Courte Oreilles Tribal Governing Board Resolution No. 90-62 on September 4, 1990.

CSV.2.10.010 Definitions

For the purposes of this subchapter, the following terms shall be construed as follows:

(a) "Bag Limits" mean:

(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 unpredetermined quantities to satisfy a maximum take limit.

(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.

(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 for any one species.

(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.

(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.

(1) Any person who, at his residence or place of business and for hire or other consideration; or

(2) Any taxidermist, cold-storage facility or locker plant which, for hire or other consideration; or

(d) "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.

(e) "Take" means to pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt to pursue, hunt, shoot, wound, kill, trap, capture or collect.

(f) "Waterfowl" means any migratory bird of the family anatidae, including ducks, geese, coots, rails, gallinules, brant, and mergansers.

CSV.2.10.020 Closed Season

(a) A closed season is hereby established for the hunting of migratory birds except for the open seasons specified in Section CSV.2.10.030.

(b) Except as otherwise expressly provided by this ordinance, no member shall take any migratory bird off-reservation during the closed season for that animal.

CSV.2.10.030 Seasons and Annual Harvest Regulations

(a) Upon publication in the Federal Register of the U.S. Fish and Wildlife Service Final Rule establishing federal regulations in response to the Tribe'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 ordinance, as if fully set forth in their entirety herein, and shall constitute tribal regulations governing member off-reservation migratory bird hunting for the seasons so established.

(b) No member shall take or possess migratory birds or otherwise engage in any activity contrary to the federal regulations incorporated into this ordinance pursuant to this section on a season-by-season basis.

(c) Any violation of such annual federal migratory bird regulations incorporated herein shall be deemed a violation of this ordinance, and shall be subject to the jurisdiction of the tribal court pursuant to the provisions of this ordinance.

CSV.2.10.040 Daily Bag Limits and Possession Limits

(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.

(b) No member shall possess migratory birds taken off-reservation in excess of the possession limits for that species established by this subchapter.

(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.

(d) For purposes of enforcing bag and possession limits under this subchapter, all migratory birds in a member's possession or custody on ceded lands will be considered to have been taken on those lands, unless tagged by a tribal, Commission or state conservation warden as taken on reservation. No migratory bird falling on reservation lands will be counted as part of a bag or possession limit.

CSV.2.10.050 Methods

(a) Unless expressly modified by a U.S. Fish and Wildlife Service Final Rule incorporated into this ordinance pursuant to Section CSV.2.10.030(a), migratory birds for which open seasons are prescribed may be taken by any method except those prohibited in this section.

(b) No member shall take migratory birds:

(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;

(2) With a shotgun of any description capable of holding more than three 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;

(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;

(4) From or by any means, aid, or use of any motor vehicle, 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;

(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;

(6) By the use or aid of live birds as decoys; although not limited to, 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;

(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;

(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:

(A) the taking of all migratory birds, including waterfowl, on or over standing crops, flooded standing crops (including aquatics), flooded harvested croplands, grain crops properly shocked on the field where grown, or grains found scattered solely as the result of normal agricultural planting or harvesting; and

(B) 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;

(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;

(10) With shot larger than size T; or

(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.

CSV.2.10.060 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 ordinance pursuant to Section CSV.2.10.030(a).

CSV.2.10.070 Wanton Waste of Migratory Birds

No member shall kill or cripple any migratory bird pursuant to this subchapter 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:

(a) The member's automobile or principle means of land transportation;

(b) The member's personal abode or temporary or transient place of lodging;

(d) A post office; or

(e) A common carrier facility.

CSV.2.10.080 Decoys

No member shall take any migratory bird with decoys which are:

(a) Placed beyond 200 feet from the location in which the member is located;

(b) Placed in the water prior to one hour before opening of shooting hour; or

CSV.2.10.090 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.

CSV.2.10.100 Duck Blinds

(a) No member shall establish a permanent duck blind on state property, including the bed of any navigable lake, prior to 7 days before the migratory bird season or leave it established beyond 7 days after the close of the season.

(b) No member shall leave on state property during the season any blind unless such blind permanently bears the name (in lettering one-inch square or larger) of the member who constructed the blind.

CSV.2.10.110 Possession Regulated

(a) Prohibited if taken in violation of Section CSV.2.10.050 – Section CSV.2.10.100. 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 Section CSV.2.10.050 – Section CSV.2.10.100 of this ordinance.

(b) During closed season. No member shall possess any freshly killed migratory bird taken off of the reservation during the closed season.

(c) Possession limit. No member shall possess more migratory birds taken in the 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.

(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.

(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:

(1) The member's automobile or principle means of land transportation;

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

(3) A migratory bird preservation facility as defined in Section CSV.2.10.010(c) of this ordinance;

(4) A post office; or

(5) A common carrier facility.

(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.

(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 Section CSV.2.10.110(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 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 ordinance.

(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.

(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.

CSV.2.10.120 Transportation Regulated

(a) Prohibited if taken in violation of Section CSV.2.10.050 – Section CSV.2.10.100. 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 Section CSV.2.10.050 – Section CSV.2.10.100 of this ordinance.

(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 Section CSV.2.10.110(f) of this ordinance.

(c) Species identification requirement. No member shall transport within the United States any migratory birds, except doves and band-tailed pigeons (Columba fasciata), unless the head or one fully feathered wing remains attached to each such 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 Section CSV.2.10.010(c).

(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.

CSV.2.10.130 Exportation Regulated

(a) Prohibited if taken in violation of Section CSV.2.10.050 – Section CSV.2.10.100. No member shall at any time, by any means, or in any manner, export or cause to be exported, any migratory bird or part thereof, taken in violation of any provision of Section CSV.2.10.050 – Section CSV.2.10.100 of this ordinance.

(b) Species identification requirement. No member shall export migratory birds unless 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.

(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.

CSV.2.10.140 Permit Required

No member shall hunt migratory birds pursuant to this ordinance without possessing a valid migratory bird hunting permit issued by the Tribe.

CSV.2.10.150 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 Section CSV.2.3.270 of this ordinance.

CSV.2.10.160 Authorization for Emergency Closure

The Commission's Biological Services Director, or his or her designate, is hereby delegated the authority to close or temporarily suspend any season in any particular locale to tribal off-reservation migratory bird hunting provided:

(a) That a continuation of the season would impact significantly the migratory bird resource; and

(b) In the case of a temporary suspension, notice is provided to members of the date and time when the season may be resumed.

CSV.2.10.170 Enforcement by U.S. Fish and Wildlife Service Personnel

Any Memorandum of Agreement or other such document by which the Tribe and the U.S. Fish and Wildlife Service establish the conditions upon which the Service's personnel may enforce the provisions of this ordinance is hereby incorporated into this ordinance as if set forth in its entirety herein.

CSV.2.10.180 Assistance by Non-Members

No person who is not a member or a member of another signatory tribe shall assist a member in the hunting of migratory birds pursuant to this ordinance except as provided in Section CSV.2.3.300 [Permissible Conduct/Assistance by Non-Members].

CSV.2.10.190 Sale of Migratory Birds Parts Regulated

(a) No member shall sell the meat of any migratory bird taken in the ceded territory.

(b) Nothing in this ordinance shall be construed to prohibit a member from selling the feathers of migratory waterfowl (ducks, geese, brant and swans) lawfully harvested pursuant to this ordinance for the making of fishing flies, bed pillows, and mattresses, and for similar commercial uses except that:

(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 ceded territory; and

(2) No member shall purchase or sell, or offer to purchase or sell, mounted specimens of migratory birds taken in the ceded territory.

CSV.2.10.200 Hunting on Certain Public Lands Prohibited

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

(a) Designated public campgrounds, public beaches and public picnic areas.

(b) School forests, public landfills and public gravel pits where migratory bird hunting is prohibited and where notice of the prohibition is clearly posted.

(d) All state parks.

CSV.2.10.210 Hunting on Certain Private Lands Prohibited

No member shall hunt migratory birds on any privately-owned land except those lands which, pursuant to Chapter 77.16, Wis. Stats., have been designated as Forest Croplands or Open Managed Forest Lands.

Subchapter CSV.2.11 [Open]

Legislative History

Section CSV.2.11.140 was amended by the Stipulation for Technical, Management, and Other Updates: Second Amendment of Stipulations Incorporated in the Final Judgment and was adopted by the Voigt Intertribal Task Force on October 7, 2010.

Section CSV.2.11.130 was amended by the Stipulation for Technical, Management, and Other Updates: Second Amendment of Stipulations Incorporated in the Final Judgment and was adopted by the Voigt Intertribal Task Force on October 7, 2010.

Section CSV.2.11.120 was amended by the Stipulation for Technical, Management, and Other Updates: Second Amendment of Stipulations Incorporated in the Final Judgment and was adopted by the Voigt Intertribal Task Force on October 7, 2010.

Section CSV.2.11.110 was amended by the Stipulation for Technical, Management, and Other Updates: Second Amendment of Stipulations Incorporated in the Final Judgment and was adopted by the Voigt Intertribal Task Force on October 7, 2010.

Section CSV.2.11.100 was amended by the Stipulation for Technical, Management, and Other Updates: Second Amendment of Stipulations Incorporated in the Final Judgment and was adopted by the Voigt Intertribal Task Force on October 7, 2010.

Section CSV.2.11.090 was amended by the Stipulation for Technical, Management, and Other Updates: Second Amendment of Stipulations Incorporated in the Final Judgment and was adopted by the Voigt Intertribal Task Force on October 7, 2010.

Section CSV.2.11.080 was amended by the Stipulation for Technical, Management, and Other Updates: Second Amendment of Stipulations Incorporated in the Final Judgment and was adopted by the Voigt Intertribal Task Force on October 7, 2010.

Section CSV.2.11.070 was amended by the Stipulation for Technical, Management, and Other Updates: Second Amendment of Stipulations Incorporated in the Final Judgment and was adopted by the Voigt Intertribal Task Force on October 7, 2010.

Section CSV.2.11.060 was amended by the Stipulation for Technical, Management, and Other Updates: Second Amendment of Stipulations Incorporated in the Final Judgment and was adopted by the Voigt Intertribal Task Force on October 7, 2010.

Section CSV.2.11.050 was amended by the Stipulation for Technical, Management, and Other Updates: Second Amendment of Stipulations Incorporated in the Final Judgment and was adopted by the Voigt Intertribal Task Force on October 7, 2010.

Section CSV.2.11.040 was amended by the Stipulation for Technical, Management, and Other Updates: Second Amendment of Stipulations Incorporated in the Final Judgment and was adopted by the Voigt Intertribal Task Force on October 7, 2010.

Section CSV.2.11.030 was amended by the Stipulation for Technical, Management, and Other Updates: Second Amendment of Stipulations Incorporated in the Final Judgment and was adopted by the Voigt Intertribal Task Force on October 7, 2010.

Section CSV.2.11.020 was amended by the Stipulation for Technical, Management, and Other Updates: Second Amendment of Stipulations Incorporated in the Final Judgment and was adopted by the Voigt Intertribal Task Force on October 7, 2010.

Section CSV.2.11.010 was amended by the Stipulation for Technical, Management, and Other Updates: Second Amendment of Stipulations Incorporated in the Final Judgment and was adopted by the Voigt Intertribal Task Force on October 7, 2010.

This version of the code was originally adopted on pursuant to Lac Courte Oreilles Tribal Governing Board Resolution No. 90-62 on September 4, 1990.

CSV.2.11.010 [Open]

[Open].

CSV.2.11.020 [Open]

[Open].

CSV.2.11.030 [Open]

[Open].

CSV.2.11.040 [Open]

[Open].

CSV.2.11.050 [Open]

[Open].

CSV.2.11.060 [Open]

[Open].

CSV.2.11.070 [Open]

[Open].

CSV.2.11.080 [Open]

[Open].

CSV.2.11.090 [Open]

[Open].

CSV.2.11.100 [Open]

[Open].

CSV.2.11.110 [Open]

[Open].

CSV.2.11.120 [Open]

[Open].

CSV.2.11.130 [Open]

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CSV.2.11.140 [Open]

[Open].

Subchapter CSV.2.12 Miscellaneous Forest Product Harvesting Regulations

Legislative History

Section CSV.2.12.130 which was previously entitled Section CSV.2.12.060 was amended by the Stipulation for Technical, Management, and Other Updates: Second Amendment of Stipulations Incorporated in the Final Judgment and was adopted by the Voigt Intertribal Task Force on October 7, 2010 and was extended by Commission Order 2013-02 on April 26, 2013.

Section CSV.2.12.120 which was previously entitled Section CSV.2.12.050 was amended by the Stipulation for Technical, Management, and Other Updates: Second Amendment of Stipulations Incorporated in the Final Judgment and was adopted by the Voigt Intertribal Task Force on October 7, 2010 and was extended by Commission Order 2013-02 on April 26, 2013.

Section CSV.2.12.110 was amended by the Stipulation for Technical, Management, and Other Updates: Second Amendment of Stipulations Incorporated in the Final Judgment and was adopted by the Voigt Intertribal Task Force on October 7, 2010 and was extended by Commission Order 2013-02 on April 26, 2013.

Section CSV.2.12.100 was amended by the Stipulation for Technical, Management, and Other Updates: Second Amendment of Stipulations Incorporated in the Final Judgment and was adopted by the Voigt Intertribal Task Force on October 7, 2010 and was extended by Commission Order 2013-02 on April 26, 2013.

Section CSV.2.12.090 which was previously entitled Section CSV.2.12.040 was amended by the Stipulation for Technical, Management, and Other Updates: Second Amendment of Stipulations Incorporated in the Final Judgment and was adopted by the Voigt Intertribal Task Force on October 7, 2010 and was extended by Commission Order 2013-02 on April 26, 2013.

Section CSV.2.12.080 was amended by the Stipulation for Technical, Management, and Other Updates: Second Amendment of Stipulations Incorporated in the Final Judgment and was adopted by the Voigt Intertribal Task Force on October 7, 2010 and was extended by Commission Order 2013-02 on April 26, 2013.

Section CSV.2.12.070 was amended by the Stipulation for Technical, Management, and Other Updates: Second Amendment of Stipulations Incorporated in the Final Judgment and was adopted by the Voigt Intertribal Task Force on October 7, 2010 and was extended by Commission Order 2013-02 on April 26, 2013.

Section CSV.2.12.060 was amended by the Stipulation for Technical, Management, and Other Updates: Second Amendment of Stipulations Incorporated in the Final Judgment and was adopted by the Voigt Intertribal Task Force on October 7, 2010 and was extended by Commission Order 2013-02 on April 26, 2013.

Section CSV.2.12.050 was amended by the Stipulation for Technical, Management, and Other Updates: Second Amendment of Stipulations Incorporated in the Final Judgment and was adopted by the Voigt Intertribal Task Force on October 7, 2010 and was extended by Commission Order 2013-02 on April 26, 2013.

Section CSV.2.12.040 was amended by the Stipulation for Technical, Management, and Other Updates: Second Amendment of Stipulations Incorporated in the Final Judgment and was adopted by the Voigt Intertribal Task Force on October 7, 2010 and was extended by Commission Order 2013-02 on April 26, 2013.

Section CSV.2.12.030 was amended by the Stipulation for Technical, Management, and Other Updates: Second Amendment of Stipulations Incorporated in the Final Judgment and was adopted by the Voigt Intertribal Task Force on October 7, 2010 and was extended by Commission Order 2013-02 on April 26, 2013.

Section CSV.2.12.020 was amended by the Stipulation for Technical, Management, and Other Updates: Second Amendment of Stipulations Incorporated in the Final Judgment and was adopted by the Voigt Intertribal Task Force on October 7, 2010 and was extended by Commission Order 2013-02 on April 26, 2013.

Section CSV.2.12.010 was amended by the Stipulation for Technical, Management, and Other Updates: Second Amendment of Stipulations Incorporated in the Final Judgment and was adopted by the Voigt Intertribal Task Force on October 7, 2010 and was extended by Commission Order 2013-02 on April 26, 2013.

This version of the code was originally adopted on pursuant to Lac Courte Oreilles Tribal Governing Board Resolution No. 90-62 on September 4, 1990.

CSV.2.12.010 Purpose

The purpose of this subchapter is to regulate the harvest of miscellaneous forest products, or any parts thereof, which are not regulated pursuant to Subchapter CSV.2.5 [Wild Rice Harvesting Regulations].

CSV.2.12.020 Definitions

For the purposes of this subchapter, the following terms shall be construed to apply as follows:

(a) "Bark" means the tough outer covering of the woody stems and roots of trees, shrubs, and other woody plants. It includes all tissues outside the vascular cambium.

(b) "Bough" means any branch of a tree less than 2 inches in diameter.

(c) "Designated Tribal Sugarbush" means a specific site identified and established by the tribal conservation department, in consultation with the land manager according to Section CSV.2.12.040(g), of this ordinance, for which a site management plan has been developed and for which a sugarbush site permit has been issued.

(d) "Designated Use Area" means a specific site designated and maintained by the land manager for any activity or use as part of the operation and management of public land, and includes, but is not limited to offices, buildings, campgrounds, mowed areas, picnic areas, public beaches, parking lots, trails, access and maintenance roads.

(e) "Firewood" means any dead tree or part thereof, either standing or downed, which is harvested for and is to be used as fuel.

(f) "Gathering" means to take or acquire or attempt to take or acquire possession of any miscellaneous forest product, or parts thereof.

(g) "Gathering Products" means all products of miscellaneous forest products other than non-timber forest products such as: branchlets, roots, berries, fruits, nuts, and seeds.

(h) "Ginseng" means the roots, seeds or other parts of wild American ginseng (Panax quinquefolium or Panax quinquefolius).

(i) "Land Manager" means any owner or other entity responsible for the management of any public land.

(j) "Lodgepoles" means any tree that is less than 5 inches DBH (diameter at breast height).

(k) "Miscellaneous Forest Products" means any undomesticated species, or part thereof, of the plant and fungi kingdoms occurring in both forested and non-forested natural ecosystems including: non-timber forest products, wild plants, gathering products, and includes endangered or threatened plant species, as defined in Section CSV.2.2.010(d), of this ordinance, but for the purposes of this ordinance excludes wild rice.

(l) "Non-Timber Forest Products" means any of the following miscellaneous forest products: bark, boughs, firewood, lodgepoles, and sap as further defined in this section.

(m) "Public lands" means those lands, including the beds of any streams and flowages, located within the ceded territory owned by the State of Wisconsin or any of its political subdivisions or Departments.

(n) "Sap" means the watery fluid that circulates through a tree or plant, carrying food and other substances to the various tissues.

(o) "Shrub" means a woody perennial plant usually branched several times at or near the base giving it a bushy appearance, and is usually less than five meters tall.

(p) "Species of Special Concern" means any wild plant which is contained on the tribal species of special concern list.

(q) "Timber" means any tree that is not a lodgepole, as defined in Section CSV.2.12.020(j), of this ordinance.

(r) "Tree" means a woody, perennial plant with a single trunk that is typically unbranched at or near the base, and is usually greater than five meters tall.

(s) "Wild plant" means miscellaneous forest products that are not trees, such as herbaceous plants and shrubs.

CSV.2.12.030 Miscellaneous Forest Product Harvesting Permits

(a) Generally. Except a provided in Section CSV.2.12.030(b) [Non-Timber Forest Products and Ginseng Gathering Permits], no permit shall be required for the gathering of any wild plant, or gathering product on public land.

(b) Non-Timber Forest Product and Ginseng Gathering Permits.

(1) No member shall harvest or gather non-timber forest products and ginseng pursuant to this ordinance without possessing a valid gathering permit issued by the tribal conservation department as follows:

(A) Small Scale Harvest Activity. For small scale activity, a tribal member may harvest non-timber forest products while possessing a valid gathering permit up to the following limits:

(i) Bark; Twenty (20) Trees

(ii) Boughs; Five (5) Tons

(iii) Firewood; Ten (10) Cords

(iv) Lodgepoles; Seventy-Five (75) Lodgepoles

(B) Large Scale Harvest Activity. For large scale activity, a tribal member may harvest non-timber forest products while possessing a valid large scale harvest activity gathering permit above the limits established for small scale harvest activity as follows:

(i) No member shall gather non-timber forest products on a large scale without a valid large scale harvest activity gathering permit valid for a designated area established by the tribal conservation department in consultation with and approval of the land manager, which approval may not be unreasonably withheld.

(ii) "Designated Area" means a specific site identified and established by the tribal conservation department, in consultation with and approval of the land manager, which approval may not be unreasonably withheld, for which a species harvestable surplus has been determined and for which the appropriate number of large scale harvest activity permits are available for the designated area.

(iii) The tribal conservation department may issue a large scale harvest activity permit to one or more members based upon the determined species harvestable surplus and may impose such terms and conditions as it deems necessary or appropriate.

(iv) No member shall fail to comply with the terms and conditions of a large scale harvest activity permit.

(2) No gathering permit is required of helpers of a permittee who participate only in the collection of the resource once it has been reduced to possession of a permittee.

CSV.2.12.040 Miscellaneous Forest Product Harvesting Restrictions

(a) Conifer Boughs. No member shall:

(1) Cut down or kill a tree for the purpose of gathering conifer boughs;

(2) Remove boughs from the upper half of a tree; or

(3) Gather for subsequent sale northern white cedar or hemlock boughs.

(b) Princess Pine. No member shall gather any Lycopodium species except by cutting the vertical above ground stems.

(c) Sheet Moss. No member shall harvest sheet moss except by harvesting no more than fifty percent (50%) of a species in any particular harvest area, including leaving the edges of the patch.

(d) Lodgepoles. No member shall harvest lodgepoles except by harvesting no more than fifty percent (50%) of a species in any particular harvest area, unless the location is a designated area as defined in Section CSV.2.12.030(b)(1)(B)(ii) of this ordinance.

(e) Firewood.

(1) No member shall cut any live tree for firewood.

(2) No member shall cut any standing dead tree except those standing dead trees within 100 feet of any road or designated use area.

(3) No member shall gather any dead tree or portion of a dead tree where any portion of the dead tree is located below the ordinary high water mark.

(4) No member shall use a farm tractor, rubber tired skidder, or similar vehicle for gathering firewood without written permission from the Tribe after consulting with and approval of the land manager, which approval may not be unreasonably withheld.

(f) Ginseng. No member shall gather ginseng from November 1 through August 31.

(g) Maple Sap/Sugarbushes.

(1) No member shall gather maple sap without a sugarbush site permit valid for a designated tribal sugarbush or for such other location established by the tribal conservation department in consultation with and approval of the land manager, which approval may not be unreasonably withheld.

(2) "Designated tribal sugarbush" means a specific site identified and established by the tribal conservation department, in consultation with and approval of the land manager, which approval may not be unreasonably withheld, for which a site management plan has been developed and for which a sugarbush site permit has been issued.

(3) The tribal conservation department may issue a sugarbush site permit to one or more members and may impose such terms and conditions as it deems necessary or appropriate.

(4) No member shall fail to comply with the terms and conditions of a sugarbush site permit.

(h) Unsustainable Harvest Activity. Member compliance with tribal harvest guidelines (bmp) shall be considered sustainable harvest activity, otherwise no member shall harvest any miscellaneous forest product in such a manner so as to impair the future viability and continued success of the miscellaneous forest product on the landscape or ecosystem from which the member is harvesting, as conditioned by the type of miscellaneous forest product, and must take reasonable precautions to prevent unsustainable harvest activity.

CSV.2.12.050 Timber Harvesting Prohibition

(a) Except as specified in this ordinance, no member shall under authority of this ordinance cut down any live tree for any purposes or gather any salvage tree for the purposes of selling or causing to be sold all or part of it, or any product derived from it, as bolts, posts, logs, biomass, pulpwood, lumber, or other commercial timber resource.

(b) Except as specified in this ordinance, no member shall sell or cause to be sold under authority of this ordinance all or part of any tree, or any product derived from it, as bolts, posts, logs, biomass, pulpwood, lumber, or other commercial timber resource.

CSV.2.12.060 Harvest of Certain Miscellaneous Forest Products Prohibited

(a) Endangered or Threatened Plant Species. No member shall gather any endangered or threatened plant species, as defined in Section CSV.2.2.010(d), of this ordinance.

(b) Tribal Species of Special Concern. The following Great Lakes Indian Fish and Wildlife Commission document, as it may be amended from time to time, is hereby adopted and incorporated in this ordinance as if fully set forth herein, and no member shall fail to comply with the closures and other restrictions established by this document:

Tribal Gathering on Public Lands within the Portion of the Ceded Territory Located in the State of Wisconsin – Tribal Species of Special Concern (Version 1: May 2010).

CSV.2.12.070 Harvest Monitoring

No member to whom any permit has been issued under this ordinance shall fail or refuse to provide harvest information when requested by the tribal conservation department, any person authorized to enforce this ordinance, or the Great Lakes Indian Fish and Wildlife Commission.

CSV.2.12.080 Emergency Closures

(a) Notwithstanding any other provision of this ordinance, the Director of the Biological Services Division of the Great Lakes Indian Fish and Wildlife Commission or the tribal conservation department may order the closure of the harvest activity of any miscellaneous forest product generally or with respect to a particular location, whenever the continuation of the harvest is likely to cause biological harm to the species involved.

(b) Every reasonable effort shall be made to consult with and obtain approval of the Tribe prior to ordering an emergency closure, but such closure may be ordered without consultation or approval if circumstances require.

(d) No member shall violate the terms, conditions or restriction of an emergency closure order issued pursuant to this section.

CSV.2.12.090 Harvest Location Restrictions

(a) Public Safety. No member engaged in the gathering of miscellaneous forest products pursuant to this subchapter shall impair or obstruct developed recreational trails or designated use areas and any miscellaneous forest product subject to the gathering which may impede or impair the use of those trails or areas shall be removed immediately.

(b) Designated Use Areas. No member may gather miscellaneous forest products within Tribal Designated Uses Areas, unless established by the tribal conservation department in consultation with and approval of the land manager, as follows;

(1) No member shall gather miscellaneous forest products under authority of this ordinance on or within any designated use area.

(2) No member shall gather bark, conifer boughs, or lodgepoles within 100 feet of any designated use area.

(3) No member shall gather wild plants within 25 feet of any designated use area.

(4) It is the member's responsibility to be certain about a designated use area. Any uncertainty should be resolved by contacting the Tribal conservation department, Great Lakes Indian Fish and Wildlife Commission or the local office of the land manager.

(c) Tribal Research and Management Areas - Tribal Natural Areas. No member may gather miscellaneous forest products within Tribal Research and Management Areas - Tribal Natural Areas, unless established by the tribal conservation department in consultation with and approval of the land manager, as follows;

(1) No member shall gather miscellaneous forest products under authority of this ordinance on or within any tribal research and management areas - tribal natural areas.

(2) No member shall gather bark, conifer boughs, or lodgepoles within 100 feet of any tribal research and management areas - tribal natural areas.

(3) No member shall gather wild plants within 25 feet of any tribal research and management areas - tribal natural areas.

(4) It is the member's responsibility to be certain about a tribal research and management areas - tribal natural areas. Any uncertainty should be resolved by contacting the Tribal conservation department, Great Lakes Indian Fish and Wildlife Commission or the local office of the land manager.

(d) Tribal Research and Management Areas - Tribal Wild Resource Management Area. No member may use a motorized vehicles, motorized equipment, or mechanical transport within a tribal wild resource management area unless established by the tribal conservation department in consultation with and approval of the land manager.

(e) Tribal Research and Management Areas - Tribal Long-Term Research Area. No member may gather miscellaneous forest products within a tribal long-term research area, unless established by the tribal conservation department in consultation with and approval of the land manager, as follows;

(1) No member shall gather miscellaneous forest products under authority of this ordinance on or within any tribal long-term research areas.

(2) No member shall gather bark, conifer boughs, or lodgepoles within 100 feet of any tribal long-term research areas.

(3) No member shall gather wild plants within 25 feet of any tribal long-term research areas.

(f) Tribal Research and Management Areas - Tribal Native Community Management Area. No member may gather firewood within a tribal native community management area, unless established by the tribal conservation department in consultation with and approval of the land manager, as follows;

(1) No member shall gather firewood under authority of this ordinance on or within any tribal native community management areas.

(2) No member shall gather firewood within 25 feet of any tribal native community management areas.

(g) Closed Gathering Areas. No member may gather miscellaneous forest products within Tribal Closed Areas, unless established by the tribal conservation department in consultation with and approval of the land manager, as follows;

(1) No member shall gather bark, conifer boughs, or lodgepoles within 100 feet from any Class A road, pond, lake, stream or river.

(2) No member shall gather bark, conifer boughs, or lodgepoles within and 50 feet from and Class B road.

(3) There shall be no distance limit pertaining to the gathering of bark, conifer boughs, or lodgepoles from any Class C road.

(4) No member shall gather wild plants within 25 feet of any road.

(h) Closed Gathering and Entry Restriction Areas. No member shall enter or gather miscellaneous forest products within the following Tribal Closed Areas unless established by the tribal conservation department in consultation with and approval of the land manager:

(1) Big Bay State Park Tribal Closed Areas: Closed Year Round

(2) Copper Falls State Park Tribal Closed Areas: Closed Year Round

(3) Crex Meadows Wildlife Area Tribal Closed Areas: Closed Seasonally – September 1 through December 31.

(4) Powell Marsh Wildlife Area Tribal Closed Areas: Closed Seasonally – th4September 1 through December 31.

(i) Tribal Designated Use, Tribal Research and Management and Tribal Closed Areas Established. The following Great Lakes Indian Fish and Wildlife Commission document, as it may be amended from time to time, is hereby adopted and incorporated in this ordinance as if fully set forth herein, and no member shall fail to comply with the closures and other restrictions established by this document:

Tribal Gathering on State Lands within the Portion of the Ceded Territory Located in the State of Wisconsin – Tribal Designated Use, Tribal Research and Management Areas, and Tribal Closed Areas (Version 1: November 2010).

(j) Non-Public Lands. No member shall gather miscellaneous forest products under authority of this ordinance on any land within the ceded territory except public land identified as being open to tribal gathering in the following Great Lakes Indian Fish and Wildlife Commission document, as it may be amended from time to time, which is hereby adopted and incorporated in this ordinance as if fully set forth herein, and no member shall fail to comply with the closures and other restrictions established by this document:

Tribal Gathering on State Lands within the Portion of the Ceded Territory Located in the State of Wisconsin – Public Lands Open to Tribal Gathering (Version 1: November 2010).

CSV.2.12.100 Harvest of Miscellaneous Forest Products Subject to a Timber Sale Contract or Located Within a Timber Sale Contract Area

(a) No member shall gather any miscellaneous forest product under authority of this ordinance without a permit issued pursuant to Section CSV.2.12.100(c) that is subject to the harvest rights of another in a valid timber sale contract. Sometimes these trees are marked with paint. However, it is the member's responsibility to be certain about trees that are subject to a valid timber sale contract. Any uncertainty should be resolved by contacting the tribal conservation department, Great Lakes Indian Fish and Wildlife Commission or the local office of the land manager.

(b) For the purposes of this ordinance, an open "Timber Sale Contract Area" means a defined location which has been delineated by the landowner for the purposes of a timber sale offering and for which a valid timber sale contract has been executed. Typically, a Timber Sale Contract Area is marked with paint on trees around the perimeter of the Area. It is the member's responsibility to be certain about an open Timber Sale Contract Area. Any uncertainty should be resolved by contacting the tribal conservation department, Great Lakes Indian Fish and Wildlife Commission or the local office of the land manager.

(c)(1) The tribal conservation department, after consultation with and approval of the land manager, which approval may not be unreasonably withheld, is authorized to issue permits under this section on such terms and conditions as it deems necessary and appropriate.

(2) No member shall fail to comply with the terms and conditions of a permit issued pursuant to this section.

CSV.2.12.110 Harvest of Certain Marked Trees or Lodgepoles Prohibited

(a) Paint Markings. No member shall cut down any tree that has been designated with any paint markings including but not limited to: paint marking that designates the boundaries of a payment unit within a Timber Contract Sale Area, as defined in Section CSV.2.12.100 of this ordinance; paint marking that indicates boundaries between public land and other ownerships, or may designate a witness tree at a legal corner; or paint markings that may indicate a tree being used to collect cones or seeds for nursery stock.

CSV.2.12.120 Sale of Miscellaneous Forest Products Authorized

(a) Nothing contained in this ordinance shall be construed to prohibit members from selling any miscellaneous forest product, or any part thereof, lawfully harvested pursuant to this subchapter.

(b) The provisions of Section CSV.2.3.260 [Records of Commercial Transactions Required] shall not apply to the sale of any miscellaneous forest product, or part thereof, lawfully harvested pursuant to this subchapter.

CSV.2.12.130 Assistance by Non-Tribal Member

(a) No person who is not a member or a member of another signatory tribe shall assist a member in the gathering of any miscellaneous forest product, or part thereof, pursuant to this subchapter except as provided in Section CSV.2.3.300 [Permissible Conduct/Assistance by Non-Members].

Subchapter CSV.2.13 Miscellaneous Wild Animal Harvesting Regulations

Legislative History

This version of the code was originally adopted on pursuant to Lac Courte Oreilles Tribal Governing Board Resolution No. 90-62 on September 4, 1990.

CSV.2.13.010 Purpose

The purpose of this subchapter is to regulate the harvest of various wild animals, or any parts thereof, and various wild animal harvest methods which are not regulated elsewhere in this ordinance.

CSV.2.13.020 Clams, Clamming and Commercial Clamming

(a) Purpose. The purpose of this section is to regulate the taking of clams in order to conserve and maintain their supply, to regulate members engaged in commercial clamming, and to protect those clam species which are endangered, threatened or rare.

(b) Definitions. For the purposes of this section, the following terms shall be construed to apply as follows:

(1) "Clam" means any freshwater mussel, shell, valve or part of any shell, or meat of a freshwater mussel found in any body of water in the ceded territory, but does not include meat after it has been processed for human or animal consumption and does not include bait, pearls, shells and parts of shells which have been mounted for display or fashioned into jewelry or items of apparel.

(2) "Clam buying" means buying, bartering or obtaining clams from commercial clam shellers or others for resale as clams.

(3) "Clam helping" means assisting a commercial clam sheller in activities related to commercial clam shelling or assisting in clam buying activities but does not include buying, bartering or obtaining clams from commercial clam shellers or others for resale as clams.

(4) "Clamming" means the taking, killing, collecting or removing of clams from a body of water and the incidental killing of clams in the search for pearls but does not include commercial clam shelling.

(5) "Commercial clamming" means commercial clam shelling, clam buying, clam helping and related activities.

(6) "Commercial clam sheller" means any member who engages in commercial clam shelling.

(7) "Commercial clam shelling" means the taking, killing, collecting or removing of more than 50 pounds of clams per day from bodies of water located in the ceded territory and the incidental killing of more than 50 pounds of clams per day in the search of pearls.

(8) "Cooked clam" means a clam which has been processed in a cooker and a rotating drum in order to remove the meat or soft parts of the clam.

(9) "Crow-foot bar" means a bar or rod which has hooks or wires attached to it and which may be used to take clams. The hooks or wire may have beads or have thickened ends.

(10) "Dead shell" means a clam which apparently died in the water of natural causes, contains no meat or soft parts and exhibits readily notable sediment, algae, vegetation or water stains, discoloration, soiling, watering or other visual evidence on its interior surface which clearly and unambiguously shows that the clam is not a cooked clam and is not freshly dead.

(11) "Inland waters" means all waters in the ceded territory except Lake Superior.

(12) "Ring" means a rigid circular band or a circular opening in a piece of solid material which may be used to measure clams.

(13) "Wisconsin - Michigan boundary waters" means the following waters that form the interstate boundary waters between the states of Wisconsin and Michigan:

(A) Gogebic Co. (MI)/Vilas Co. (WI): Basin lake, Big lake, Big Bateau lake, Crampton lake, Crystal lake, Cyrus lake, Lac Vieux Desert, Little Presque Isle lake, Mamie lake, Mill lake, Norwood lake, Plum lake, Roach lake, Smoky lake, State Line lake, Tenderfoot lake, West Bay lake.

(B) Iron Co. (MI)/ Florence and Forest Cos. (WI): Brule river.

(D) Menominee, Dickinson and Iron Cos. (MI)/Florence Co. (WI): Menominee River (including all impoundments).

(E) Gogebic Co. (MI)/Iron Co. (WI): Montreal River (including the East Fork up to the mouth of Layman Creek).

(14) "Wisconsin - Minnesota boundary waters" means the St. Croix and St. Louis Rivers where those waters form the boundary between the states of Wisconsin and Minnesota.

(1) Clamming Generally. No permit shall be required of any member to engage in clamming.

(2) Clam Buying and Commercial Clam Shelling.

(A) No member shall engage in clam buying or commercial clam shelling without possessing a valid permit.

(B) No member shall fail to maintain records of clam buying, commercial clam selling or clam helping activities undertaken pursuant to a permit issued under this subsection or to provide a report of those activities to the tribal conservation department on such forms as the tribe may prescribe.

(3) Issuance of Permits.

(A) The tribal conservation department is authorized to issue clam buying and commercial clam shelling permits.

(B) In issuing such permits, the Tribe or tribal conservation department may impose such conditions or requirements in addition to those otherwise imposed by this section as deemed necessary or appropriate.

(d) General Restrictions.

(1) No member engaging in clam buying or commercial clam shelling pursuant to this section shall engage in clamming at the same time.

(2) No member shall possess or transport more than 50 pounds of clams or sell any clams to a person who is not a member of the Tribe or a member of another signatory Tribe unless at least one of the following applies:

(A) The member has been issued a clam buying or commercial clam shelling permit and the clams are of a species open to commercial clam shelling and are of the minimum size or larger for commercial clam shelling.

(B) The member demonstrates that the clams are being transported through the State of Wisconsin in interstate commerce by a reasonably direct route.

(C) The provisions of Section CSV.2.3.260 [Records of Commercial Transactions Required] shall apply to the sale of any clam lawfully harvested pursuant to this subchapter.

(e) Clamming Methods and Equipment.

(1) Methods.

(A) No member shall engage in clamming or commercial clam shelling except by hand while diving or wading or by the use of crow-foot bars.

(B) No member shall intentionally damage or break a clam to make a determination of its original size or species impossible.

(C) No member shall cook clams unless the member possesses a valid clam buying permit or the member is assisting a clam buying permittee.

(D) No member engaging in clamming or commercial clam shelling shall fail to promptly return all undersize clams and all clams of a species not open to clamming or commercial clam shelling, respectively, to the bed of the water at the location where the clams were found. The clams shall be returned unopened and unharmed.

(E) No member shall maliciously waste clams which are discarded in the search for pearls.

(2) Equipment.

(A) No member shall use a crow-foot bar longer than 20 feet while clamming or commercial clam shelling.

(B) No member may place more than 3 crow-foot bars in the water while clamming or commercial clamming.

(D) No member shall use more than one boat for clamming or for commercial clam shelling with crow-foot bars.

(f) Minimum Size and Weight Determination.

(1) Size. A member engaging in clamming or commercial clam shelling shall determine the size of a clam promptly upon removing it from the water by attempting to pass it intact through a ring with a diameter of the minimum size specified for the respective species in the table provided in Section CSV.2.13.020(g) if the clam is taken while commercial shelling or in the table provided in Section CSV.2.13.020(h) if the clam is taken while clamming.

(2) Weight. For the purposes of this section, the weight of the clams shall be determined on a wet or fresh basis if their condition permits it.

(g) Commercial Clamming: Size limits; Open Seasons, Species and Waters.

(1) Except as provided in Section CSV.2.13.020(g)(2), no member shall engage in commercial clam shelling except between sunrise and sunset during the open season in waters which are open to commercial clam shelling, for clams of a species which is open to commercial clam shelling and which are of the minimum size or larger, as shown in the following table (dates given are inclusive):

Waters Open to Commercial Clam Shelling	Open Season	Open Species	Minimum Size
(i) Wisconsin-Michigan and Wisconsin-Minnesota Boundary Waters except the St. Croix River	April 1 to Sept. 30	maple leaf (Quadrula)	2¾"
		pigtoe (Fusconaia flava)	2¾"
		pimpleback (Quadrula pustulosa)	2¾"
		threeridge (Amblema plicata)	2 5/8"
(ii) Inland Waters: All except the Namekagon River upstream and inclusive of the SW ¼ of the NE ¼ of section 8, township 43N, range 6W (Burnett, Washburn, Sawyer and Bayfield counties), the St. Croix River upstream to the Gordon dam (Burnett and Douglas counties), and the Little Peshtigo River (Marinette and Oconto counties)	April 1 to Sept. 30	maple leaf (Quadrula)	2¾"
		pigtoe (Fusconaia flava)	2¾"
		pimpleback (Quadrula pustulosa)	2¾"
		threeridge (Amblema plicata)	2 5/8"
		all others except those which are endangered or threatened species as defined in Section CSV.2.2.010(d) of this ordinance	none

(2) Notwithstanding the minimum size limits set in Section CSV.2.13.020(g)(1), above, the minimum size for cooked clams shall be 2½ inches for maple leaf, pigtoe and pimpleback clams, 2 7/16 inches for threeridge clams and 3¾ inches for washboard clams.

(h) Clamming: size limits; Open season, Species and Waters. No person may engage in clamming except between sunrise and sunset during the open season in waters which are open to clamming, for clams of a species which is open to clamming and which are of the minimum size or larger, as shown in the following table:

Waters Open to Clamming	Open Season	Open Species	Minimum Size
(a) All Waters	all year	all except those which are endangered or threatened species as defined in Section CSV.2.2.010(d) of this ordinance	none

Waters Open to Clamming

Open Season

Open Species

Minimum Size

(a) All Waters

all year

all except those which are endangered or threatened species as defined in

Section CSV.2.2.010(d) of this ordinance

none

(i) Assistance by Non-Tribal Members. No person who is not a member or a member of another signatory tribe shall assist a member in the harvesting of clams pursuant to this subchapter except in accordance with Section CSV.2.3.300 [Permissible Conduct/Assistance by Non-Members].

CSV.2.13.030 Crayfish Regulations

(a) Seasons. Except as provided in Section CSV.2.13.030(b), there is a continuous open season for the harvest of crayfish.

(b)(1) In Wisconsin-Minnesota boundary waters as defined in Section CSV.2.13.020(b)(14), the open season for crayfish harvesting shall be from May 1 to March 1 (inclusive).

(2) No member shall harvest crayfish in Wisconsin - Minnesota boundary waters except during the open season provided in this section.

(d) Size Limit. There is no size limit applicable to the harvest of crayfish.

(e) Methods of Harvest.

(1) No member shall harvest crayfish except by the methods authorized by Section CSV.2.13.030(e)(2).

(2) Crayfish may be harvested by hand, by the use of dip nets as defined in

Section 2.901 (1), fyke nets as defined in Section 2.901 (2) or seines as defined in Section 2.901 (8), and by crayfish traps with any entrance not to exceed 2½ inches at its greatest diagonal measurement. Crayfish traps set in trout streams shall be of a size not greater than 16 inches square or in diameter with an opening at the throat of the trap not larger than 1½ inches in diameter.

(3) No member shall set any crayfish trap unless the trap has been tagged indicating the member's name and address.

(4) No member shall fail to raise any crayfish trap and remove all crayfish at least once every 24 hours.

(f) Other Restrictions. No member shall:

(1) Possess crayfish while on any inland water as defined in Section CSV.2.13.020(b)(11) unless the member is engaged in crayfish removal. Simultaneous possession of live crayfish and hook and line fishing equipment while on any inland water shall be considered prima facie evidence of a violation of this subsection.

(2) Place, deposit, throw or otherwise introduce live crayfish into any body of water without possessing a permit authorizing the activity issued by the tribal conservation department. Such a permit may impose such conditions and requirements as the tribal conservation department deems necessary or appropriate.

(3) Use any float or marker to locate crayfish traps which exceeds 5 inches in size at its greatest dimension, which extends more than 4 inches above the surface of the water, which is of an orange or fluorescent coloration and which fails to display the name and address of the member.

(4) Use as bait in a crayfish trap any material other than parts of fish lawfully harvested or fish by-products including fish meal or prepared parts of such fish.

(g) Sale of Crayfish Authorized.

(1) Nothing in this ordinance shall be construed to prohibit the sale to any person of crayfish lawfully harvested pursuant to this subchapter.

(2) The requirements of Section CSV.2.3.260 [Records of Commercial Transaction Required] shall not apply to the sale of less than 50 pounds live weight of crayfish lawfully harvested in a calendar year pursuant to this subchapter.

(h) Assistance by Non-Tribal Members. No person who is not a member or a member of another signatory tribe shall assist a member in the harvesting of crayfish pursuant to this subchapter except in accordance with Section CSV.2.3.300 [Permissible Conduct/Assistance by Non-Members].

CSV.2.13.040 Frog Regulations

(a) Season.

(1) An annual open season for the harvest of frogs commencing on the Saturday nearest May 1 and ending December 1 (inclusive) is hereby established.

(2) No member shall harvest any frog except during the open season established by this section.

(b) Bag and Size Limits. There are no bag or size limits applicable to the harvest of frogs.

(c) Methods of Harvest. No member shall harvest frogs with the aid of a firearm as defined in Section CSV.2.6.010(d). There are no other method restrictions applicable to the harvest of frogs.

(d) Exception. This section shall not apply to frogs propagated in captivity.

(e) Sale of Frogs Authorized.

(1) Nothing in this ordinance shall be construed to prohibit the sale to any person of frogs lawfully harvested pursuant to this subchapter.

(2) The requirements of Section CSV.2.3.260 [Records of Commercial Transaction Required] shall not apply to the sale of less than 50 pounds live weight of frogs lawfully harvested in a calendar year pursuant to this subchapter.

(f) Assistance by Non-Tribal Members. No person who is not a member or a member of another signatory tribe shall assist a member in the harvesting of frogs pursuant to this subchapter except in accordance with Section CSV.2.3.300 [Permissible Conduct/Assistance by Non-Members].

CSV.2.13.050 Turtle Regulations

(a) Seasons.

(1) An annual open season for the harvest of turtles commencing on June 16 and ending on April 30 (inclusive) is hereby established.

(2) No member shall harvest any turtle except during the open season established by this section.

(b) Bag and Size Limits. There are no bag or size limits applicable to the harvest of turtles.

(c) Methods of Turtle Harvest. Except as provided in Section CSV.2.13.050(f), below, no member shall harvest turtles except by the following methods:

(1) By hand.

(2) By hook and line.

(3) By the use of traps as follows:

(A) Hoop net turtle traps may be used.

(B) Hoop nets shall be constructed with a mesh of not less than 8 inch stretch measure providing traps are set so that not less than 2 inches of the hoops extend above the surface of the water.

(D) Each turtle trap shall be tagged so as to be visible at all times with the member's name and address.

(E) Each turtle trap shall be checked and any entrapped turtles shall be removed at least once each day following the set.

(4) In trout streams, by the method commonly known as hooking.

(5) Bow and arrow.

(d) Sale of Turtles Authorized.

(1) Nothing in this ordinance shall be construed to prohibit the sale to any person of turtles lawfully harvested pursuant to this subchapter.

(2) The requirements of Section CSV.2.3.260 [Records of Commercial Transaction Required] shall not apply to the sale of less than 50 pounds of turtles lawfully harvested in a calendar year pursuant to this subchapter.

(e) Assistance by Non-Tribal Members. No person who is not a member or a member of another signatory tribe shall assist a member in the harvesting of turtles pursuant to this subchapter except in accordance with Section CSV.2.3.300 [Permissible Conduct/Assistance by Non-Members].

(f) Nothing in this section shall be construed to prohibit a member from possessing or selling turtles taken incidental to fishing by methods authorized by Section CSV.2.9.070 [Dip Nets, Fyke Nets and Seines], Section CSV.2.9.080 [Gill Nets], or Section CSV.2.9.090 [Setlines or Set or Bank Poles].

CSV.2.13.060 Nests and Eggs

(a) No member shall harvest, take, needlessly destroy or possess the nest or eggs of any wild bird for which a closed season is established by this ordinance unless the member possesses a valid permit issued by the tribal conservation department which authorizes the activity in question.

(b) In issuing a permit pursuant to this section, the tribal conservation department may impose such conditions and requirements as it deems appropriate or necessary.

CSV.2.13.070 Falconry

(a) Definitions. For the purposes of this subchapter, the following terms shall be construed to apply as follows:

(1) "Raptor" means a live, migratory bird of the following family groups:

(A) Falconidae - Falcons, Merlin and Kestrel.

(B) Accipitridae - Buteos, Accipiters, Kites, Harriers and Eagles, excluding the bald eagle.

(2) "Falconry" means the taking or attempting to take quarry by means of a trained raptor.

(3) "Take" means to trap, capture or pursue or attempt to trap, capture or pursue, a raptor for the purposes of falconry.

(4) "Marker" means a numbered, non-reusable marker supplied by the fish and wildlife service.

(5) "Imping" means a method of repairing broken flight or tail feathers.

(6) "Hacked back" means a gentle or gradual release technique used by falconers whereby a raptor released back into the wild is fully capable of competing with other raptors.

(7) 'Replacement raptor" means a raptor obtained to replace one which has died in captivity, has escaped or is released into the wild.

(8) "Fish and Wildlife Service" means the U.S. Department of Interior - Fish and Wildlife Service.

(b) Scope.

(1) The raptors covered by this section include species whose range extends into any part of Mexico or the United States. All individual birds of such species whether or not raised in captivity, and including any subspecies, even if the range of such subspecies does not include parts of the above countries, are covered by these regulations.

(2) No member shall import any wildlife for the purposes of this section from a foreign source without complying with applicable federal laws and regulations.

(1) No member shall take, possess, or transport any raptor for falconry purposes or practice falconry in the ceded territory without possessing a valid permit issued pursuant to this section or issued by another jurisdiction provided that the jurisdiction is listed in the federal regulations as a jurisdiction meeting federal falconry standards.

(2) The tribal conservation department is authorized to issue falconry permits pursuant to and in accordance with the provisions of this section. In issuing such a permit, the department may impose such additional conditions or requirements as it deems necessary or appropriate.

(d) Falconry Hunting.

(1) Established Seasons. Falconry permit holders may hunt the following species during the open seasons indicated (all dates are inclusive) and no member shall hunt by falconry except during the designated open seasons for the species indicated:

(A) All species of ducks except canvasbacks, mergansers and coots, and Gallinules, Sora, common snipe and wood-cock. Open Season is same day as opening day of hunting season rail, for same species established pursuant to Section CSV.2.10.030 and continuing for 107 consecutive days.

(B) Cottontail rabbit, fox, squirrel, and gray squirrel. Open Season is Year Around

(C) All other species of the harvest that are not prohibited by this ordinance except muskrat, mink, beaver, otter and fisher. Open Season is September 1 – March 31

(2) Let Lay Rule. A falconry permit holder whose raptor accidentally kills any protected species during the closed season or a protected animal or sex during the open hunting season shall leave the dead animal where it lies. The raptor may feed upon the dead animal prior to leaving the kill site.

(3) General Restrictions. The daily bag limits, possession limits, hunting hours and other regulations established by this ordinance generally applicable to hunting the species which also may be hunted by falconry shall apply to falconry hunting and no member shall fail to comply with such regulations when falconry hunting.

(e) Prerequisite to Obtaining a Falconry Permit. No member shall be eligible to obtain a falconry permit unless the member has answered correctly at least 80% of the questions on a supervised examination. The examination shall be provided by the fish and wildlife service and administered by a representative of the tribal conservation department or of the Commission's Biological Services Division relating to the basic biology, care and handling of raptors, literature, laws and regulations governing falconry. Applicants failing the required examination may repeat the examination after 30 days. Should a second failure occur, a one-year waiting period is required before the examination sequence may be repeated.

(f) Permit Application. Any member who wishes to practice falconry in the ceded territory, after successfully passing the examination, must apply for a falconry permit to the tribal conservation department on such forms as the department prescribes, provided the department requires the following information:

(1) Name, address, and tribal identification number.

(2) The number, species, age (if known), sex (if known), date of acquisition and source of each raptor legally possessed by current permit.

(3) The number, species, age (if known), sex (if known), and source of each raptor the applicant plans to acquire.

(4) Description and location of facilities where the raptor is or will be kept.

(5) Description of training areas.

(6) Date and time when facilities and training area will be ready for inspection.

(7) Statement that the information provided is true and correct and authorizing the tribal conservation department, or its designate, and federal agents to inspect raptors, facilities and equipment at any reasonable time following permit issuance.

(8) Signature of applicant.

(g) Facilities and Equipment.

(1) Upon receipt of the application for a falconry permit, the tribal conservation department, or its designate, shall inspect the applicant's facilities for keeping raptors and make a report concerning the acceptability of the required facilities and equipment.

(2) The proposed use of facilities or equipment other than specified shall be submitted to the tribal conservation department and may be permitted if found to insure the health and safety of the raptor to be possessed.

(3) The primary consideration for raptor housing facilities whether indoors (mews) or outdoors (weathering area) is cleanliness and protection from the environment, predators, or undue disturbance. The applicant shall have the following facilities:

(A) Indoor facilities (mews) shall be large enough to allow easy access for caring for the raptors housed in the facility. If more than one raptor is to be kept in the mews, the raptors shall be tethered or separated by partitions and the area for each bird shall be large enough to allow the bird to fully extend its wings. There shall be at least one window, protected on the inside by vertical bars, spaced narrower than the width of the bird's body and a secure door that can be easily closed. The floor of the mews shall permit easy cleaning and shall be well drained. Adequate perches shall be provided.

(B) Outdoor facilities (weathering area) shall be fenced and covered with netting or wire, or roofed to protect the birds from disturbance and attack by predators. The enclosed area shall be large enough to insure the birds cannot strike the fence when flying from the perch. Protection from excessive sun, wind and inclement weather shall be provided for each bird. Adequate perches shall be provided.

(4) The following items shall be in the possession of the applicant before a permit may be issued:

(A) Jesses – A minimum of one pair of Aylmeri jesses or similar type constructed of pliable, high-quality leather or suitable synthetic material to be used when any raptor is flown free. Traditional one-piece jesses may be used on raptors when not being flown.

(B) Leashes and swivels – A minimum of one flexible, leather resistant leash and one strong swivel of acceptable falconry design.

(C) Bath container – A minimum of one suitable container, 2 to 6 inches deep and wider than the length of the raptor, for drinking and bathing for each raptor.

(D) Outdoor perches – A minimum of one weathering area perch of an acceptable design shall be provided for each raptor.

(E) Weighing device – A reliable scale or balance suitable for weighing the raptor(s) held and graduated to increments of not more than 1/2 ounce (15 gram) shall be provided.

(5) No member shall fail to keep all facilities and equipment at or above the preceding standards at all times.

(h) Unsatisfactory Conditions. If the tribal conservation department determines there is improper treatment of any raptor or lack of adequate facilities as required by this section to properly care for any raptor, and if, following the receipt of notification from the department, the applicant fails to correct all discrepancies contained or listed in the notice within 48 hours after receipt of such notice, the department may revoke a permit or disapprove the application for a permit and seize any raptors in the possession of the applicant. Raptors so seized shall, whenever possible, be hacked back to the wild or disposed of as the department deems necessary.

(i) Permit Issuance Criteria. Upon receiving an application for a falconry permit, the tribal conservation department shall decide whether a permit should be issued. In making this decision, the department shall consider, in addition to those criteria listed in this section, the following factors:

(1) Whether such action would have a significant effect on the wild population of raptors.

(2) Whether the fish and wildlife service and the Commission's Biological Services Division concur that the applicant has met the requirements of federal and tribal law.

(j) Classes of Permits.

(1) Apprentice Class.

(A) An apprentice class permittee shall be at least 14 years old.

(B) A sponsor who is a holder of a general or master falconry permit is required for the first 2 years in which an apprentice permit is held, regardless of the age of the permittee.

(D) A sponsor shall submit an annual progress report in narrative form to the tribal conservation department by July 31 of each year.

(E) The sponsor shall notify the tribal conservation department at any time when the progress or performance of an apprentice is unsatisfactory.

(F) Upon completion of the apprentice requirement, the permittee must receive approval of the sponsor before advancing to the general class.

(G) An apprentice class permittee shall not possess more than one raptor and may not obtain more than one raptor for replacement during any 12-month period.

(H) An apprentice class permittee shall possess only an American kestrel or a red-tailed hawk.

(2) General Class.

(A) A general class permittee shall be at least 18 years old.

(B) A general class permittee:

(i) Shall have at least two years experience in the practice of falconry at the apprentice level and receive a written recommendation from the sponsor or produce documentation of qualified experience exceeding 2 years.

(ii) May not possess more than 2 raptors and may not obtain more than 2 raptors for replacement birds during any 12-month period.

(iii) May not take, transport or possess any golden eagle, merlin or any endangered or threatened species as defined in Section CSV.2.2.010(d) of this ordinance.

(3) Master Class.

(A) A master class permittee shall have at least 5 years experience in the practice of falconry at the general class level or its equivalent.

(B) A master class permittee:

(i) May not possess more than 3 raptors, and may not obtain more than 2 raptors for replacement birds during any 12-month period.

(ii) May not take, transport or possess any endangered or threatened species as defined in Section CSV.2.2.010(d) of this ordinance.

(iii) May not take, transport, or possess as part of his or her three-bird limitation, more than one raptor listed as a federally threatened species as prescribed by 50 CFR § 21.29 (e)(3)(r).

(k) Duration of Permits and Renewal. A falconry permit or the renewal of a falconry permit is valid when issued by the tribal conservation department and expires July 31 of each calendar year. The procedure for handling and deciding upon a permit renewal application shall be the same as for a new application.

(l) Taking and Disposal Restrictions.

(1) Season for Taking Raptors from the Wild.

(A) Young raptors not yet capable of flight (eyasses) may be taken by a general or master falconer during the period of March 26 through April 5 and May 15 through July 15 (inclusive). No permittee shall take more than 2 eyasses during the specified period.

(B) First year (passage or immature) raptors may be taken only during the period September 16 through December 31 (inclusive).

(C) In no case shall the total of all periods of raptor taking exceed 180 days during a calendar year, except that a raptor which has a federal marker attached may be retrapped at any time.

(2) Marking.

(A) Raptors held under a permit shall wear a numbered non-reusable marker supplied by the fish and wildlife service.

(B) No member shall fail to attach the marker to the raptor immediately upon acquisition.

(C) No member shall alter, counterfeit or deface a marker except that permittees may remove the rear tab on markers and may smooth any imperfect surface provided the integrity of the marker and numbering are not affected.

(D) Permit holders trapping previously marked raptors shall immediately report such trapping to the tribal conservation department.

(3) Eggs Taken from the Wild. No member shall remove any raptor egg or eggs from any nest unless authorized by a permit issued by the tribal conservation department.

(4) Nestling Raptors. General and master class permittees may take nestlings not yet capable of flight (eyassess) as provided in Section CSV.2.13.070(j), above.

(5) Adult Raptors. Only American kestrel and great horned owls may be taken when over one year old, except that any raptor other than federally endangered or threatened species taken under a depredation or scientific collector's permit may be used for falconry by general and master class permittees.

(6) Raptors Taken in the Ceded Territory. Title to raptors taken in the ceded territory remains in the Tribe and said raptors may be transferred in accordance with the provisions of Section CSV.2.13.070(p), below.

(7) Raptors from Outside the Ceded Territory. No member shall possess or transport raptors obtained from outside the ceded territory within the ceded territory unless accompanied by legal authority from the jurisdiction in which the raptor was acquired and provided a tribal falconry permit is in the member's possession.

(8) Escape or Death of Raptors. Falconry permittees shall report the loss of any raptor within 3 days to the tribal conservation department. All carcasses are to be disposed of as directed by the fish and wildlife service.

(9) Exchange of Raptors. Gift or transfer of a raptor to a holder of a tribal permit is allowed, but must be reported by the permittee within 3 days of such gift or transfer to the tribal conservation department.

(10) Trapping of Raptors.

(A) All live traps used in taking raptors shall be of humane design as to offer minimum harm to captured birds and shall be attended during reasonable time periods.

(B) All traps shall bear a legible label containing the name, address and tribal falconry permit number of the permittee.

(11) Training of Raptors. Permittees may train raptors by using or killing birds obtained from licensed game farms. A game farm receipt is required for any bird in possession. Such birds may be possessed year round and shall be treated in a humane manner and confined under sanitary conditions with proper care.

(m) Temporary Care.

(1) Qualified persons other than the permittee may temporarily care for the birds of a permittee if written permission from the permittee accompanies the birds when they are transferred.

(A) Temporary care for periods not exceeding 30 days shall provide an adequate perch and protection from extreme temperatures and excessive disturbance.

(B) Care periods exceeding 30 days shall meet the following requirements:

(i) The tribal conservation department shall be informed in writing by the permittee of this action within 3 days of the transfer and informed where the birds are being held, the reason for the transfer, who is caring for them and approximately how many days they will be in the care of the second person.

(ii) Such temporary care shall provide facilities which meet the standards established by this section.

(2) Diseased or injured raptors may be transported to the nearest, qualified rehabilitation facility. A permittee shall file with the tribal conservation department a report including the diagnosis by the facility within 5 days of the occurrence.

(n) Transportation.

(1) Temporary Holding. A raptor may be transported or held in temporary facilities for a period not to exceed 30 days. Such facility shall provide an adequate perch and protection from extreme temperatures and excessive disturbance.

(2) Use Beyond the Ceded Territory. A permittee may remove raptors held pursuant to a tribal permit from the ceded territory for meets, trials, hunting and other falconry activities provided the permittee obtains such permit or license as may be required by another jurisdiction.

(o) Release of Marked Raptors. A falconry permittee shall obtain written permission from the tribal conservation department before any raptor not indigenous to the ceded territory is intentionally released to the wild, at which time the marker from the released bird shall be removed. The marker from an intentionally released raptor which is indigenous to the ceded territory shall also be removed. A standard federal bird band shall be attached to such birds by a tribal or fish and wildlife authorized federal bird bander whenever possible.

(p) Permit Conditions. In addition to the general conditions set forth in this section, every falconry permit issued shall be subject to the following special conditions:

(1) Prohibitions. No permittee shall take, possess or transport a raptor in violation of the restrictions, conditions and requirements contained in this section.

(2) Trade or Transfer of Raptors.

(A) A permittee may trade or transfer a raptor to another permittee if the transaction occurs entirely within the ceded territory and no money or other consideration is involved.

(B) A permittee may trade or transfer a raptor to another permittee beyond the ceded territory if prior written approval of the other jurisdiction's agency which issued the permit is obtained and no money or other consideration is involved.

(3) Annual Report Requirement.

(A) By July 31 of each year, a permittee shall submit a falconry report to the tribal conservation department containing the following information:

(i) Name and address of the permittee.

(ii) Tribal permit number.

(iii) Species, sex (if known), age (if known), and marker number of each raptor added since the last reporting period. Where and from whom acquired.

(iv) Species, sex (if known), age (if known), and marker number of each raptor disposed of since the last reporting period and the method of disposition.

(v) Species, sex (if known), age (if known), and marker number of each raptor in possession as of June 30 of the year in which the report is filed.

(vi) Number and species of quarry captured during the legal season.

(B) Failure to report by July 31 may result in the non-renewal of a falconry permit.

(q) Other Restrictions.

(1) A member who possesses a lawfully acquired raptor before the enactment of these regulations and who fails to meet the permit requirements shall be allowed to retain the raptors. All such birds shall be identified with markers and cannot be replaced upon death, loss, release or escape of such raptors.

(2) A person who possesses raptors before the enactment of these regulations in excess of the number specified by the falconry permit shall be allowed to retain the extra raptors. All such birds shall be identified with markers and no additional raptors may be obtained until the number in possession is at least one less than the total number authorized by the class of permit held by the permittee.

(3) Feathers that are molted or those feathers from birds held in captivity that die may be retained and exchanged by permittees only for imping purposes.

CSV.2.13.080 Dog Training

(a) Definitions. For the purposes of this section, the following terms shall be construed to apply as follows:

(1) "WDNR lands" means lands under the management and control of the Wisconsin Department of Natural Resources.

(2) "Dog training" means the activity of teaching a dog to retrieve, point, flush, and/or track wild animals for the purpose of hunting.

(b) Permits.

(1) Except as provided in Section CSV.2.13.080(b)(2)(B), no member shall possess, use or shoot captive protected wild animals released for dog training purposes on any lands without possessing a valid dog training permit issued by the tribal conservation department. The use of unprotected animals does not require a permit except from May 1 to June 30 (inclusive). A dog training permit shall:

(A) Be effective through December 31 of the year following issue.

(B) Authorize the permittee and persons accompanying the permittee to possess and use captive, protected wild animals for dog training only. The permit does not authorize commercial or organized shoots, animal selling, breeding or propagation. On WDNR lands, captive wild animals may only be used within designated dog training areas.

(D) Be valid for the areas identified on the permit.

(E) Be revoked by the tribal conservation department if any regulations applicable to dog training or any permit restrictions are violated.

(2) Animal Use. Any member using captive protected wild animals for dog training shall possess a receipt issued by a licensed fur farm or game farm or by a dog training or dog trial permit holder.

(A) Wild Animals. Any permittee may train dogs on free-roaming protected or unprotected wild animals except that a permittee shall not:

(i) Kill any such wild animal;

(ii) Pursue wild bear for dog training purposes except from July 1 to August 31 (inclusive); or

(iii) Pursue any wild animal for dog training purposes from May 1 to June 30 (inclusive).

(B) Licensed Animals. Training hunting dogs with raccoons possessed under authority of a game or fur farm license may be used at any time outside of WDNR lands without a dog training permit provided the animals are kept under control by caging or similar restraint. Except for bear dog training, training hunting dogs on other protected wild animals possessed under the authority of a game farm, fur farm or shooting preserve license may also be used at any time outside of WDNR lands without a dog training permit. Any dog training pursuant to this subsection shall be limited to the game farm, fur farm or shooting preserve which is licensed to possess the wild animal.

(C) Mammal Identification. Captive raccoons used for dog training shall be tattooed on either ear with a letter-number combination determined by the tribal conservation department unless controlled by leash, cage or similar restraint.

(D) Care and Treatment. Captive animals possessed for dog training purposes shall be treated in a humane manner and confined under sanitary conditions with proper and adequate housing, care, food and fresh water.

(3) Special Restrictions.

(A) WDNR Lands. On WDNR lands open to public hunting and not designated open to dog training, dogs shall be controlled by a member using a leash which is no more than 8 feet in length from April 15 through July 31.

(B) Firearms. Blank handguns may be used for dog training on wild animals without a permit.

(C) Vaccinations. No member shall use a dog for dog training purposes unless the dog has been properly vaccinated against rabies by a veterinarian.

(4) WDNR Dog Training Grounds. No member engaged in dog training pursuant to this section shall fail to comply with any land use restrictions imposed by the Wisconsin Department of Natural Resources upon dog training occurring on WDNR lands containing Class 1 and Class 2 dog trial grounds.

Subchapter CSV.2.14 Boating Safety Regulations

Legislative History

Section CSV.2.14.100 was amended by the Stipulation for Technical, Management, and Other Updates: First Amendment of Stipulations Incorporated into Final Judgment and was adopted by the Voigt Intertribal Task Force on August 7, 2008.

This version of the code was originally adopted on pursuant to Lac Courte Oreilles Tribal Governing Board Resolution No. 90-62 on September 4, 1990.

CSV.2.14.010 Definitions

The following terms, whenever used in this section, shall be construed to apply as follows:

(a) "Boat" or "Vessel" means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water.

(b) "Employ" means to make use of for any purpose other than maintenance.

(c) "Motorboat" means any boat equipped with propulsion machinery, whether or not the machinery is the principal source of propulsion.

(d) "Non-motorized Boat" means a boat which is not a motorboat but which is designed and constructed to be used as a boat for transportation of a person or persons on water. This term includes, but is not limited to, any canoe, row boat, raft and dinghy which is not a motorboat.

(e) "Operate" or "Use" when used with reference to a motorboat, boat or vessel means to navigate or otherwise employ.

(f) "Operation of a Motorboat" means controlling the speed or direction of a motorboat, except a sailboat operating under sail alone.

(g) "Operator" means a person who is engaged in the operation of a motorboat, who is responsible for the operation of a motorboat or who is supervising the operation of a motorboat.

(h) "Owner" means the person who has lawful possession of a boat by virtue of legal title or equitable interest therein which entitles him or her to lawful possession.

(i) "Slow-No-Wake" means that speed at which a boat moves as slowly as possible while still maintaining steerage control.

CSV.2.14.020 Classification of Motorboats

For the purpose of Section CSV.2.14.030, Section CSV.2.14.040 and Section CSV.2.14.050 motorboats are divided on the basis of their length into 4 classes as follows:

(a) Class A – those less than 16 feet.

(b) Class 1 – those 16 feet or over but less than 26 feet.

(d) Class 3 – those 40 feet or over.

CSV.2.14.030 Lighting Equipment

(a) When lights required; prohibited lights. Except as provided in Section CSV.2.14.040:

(1) No member shall operate any motorboat at any time from sunset to sunrise unless such motorboat carries the lighting equipment required by this section and unless such equipment is lighted when and as required by this section.

(2) No owner shall give permission for the operation of a motorboat at any time from sunset to sunrise unless such motorboat is equipped as required by this section.

(b) Lights for motorboats of classes A and 1. All motorboats of classes A and 1 when under way at any time from sunset to sunrise shall carry and have lighted the following lamps:

(1) One lamp aft showing a bright white light all around the horizon.

(2) One combined lamp in the fore part of the motorboat and lower than the white light aft, showing green to starboard and red to port and so fixed that each side of the combined lamp throws a light from directly ahead to 2 points abaft the beam on its retrospective side.

(c) Lights for motorboats of classes 2 and 3. All motorboats of classes 2 and 3 when under way at any time from sunset to sunrise shall carry and have lighted the following lamps:

(1) One lamp in the fore part of the boat as near the stem as practicable, so constructed as to show an unbroken bright white light over an arc of the horizon of 20 points of the compass and so fixed as to throw the light from directly ahead to 2 points abaft the beam on either side.

(2) One lamp aft showing a bright white light all around the horizon and higher than the white light forward.

(3) On the starboard side, one lamp showing a green light, and on the port side, one lamp showing a red light, both fitted with inboard screens of sufficient height and so set as to prevent these lights from being seen across the bow. Each such side lamp shall be so constructed as to show an unbroken light over an arc of the horizon of 10 points of the compass and shall be fixed as to throw the light from directly ahead to 2 points abaft the beam on its respective side.

(d) Sailboats without motors and rowboats. Every boat propelled by muscular power and every sailboat not equipped with a motor, when under way at any time from sunset to sunrise, shall carry ready at hand a lantern or flashlight showing a white light which shall be exhibited in sufficient time to avert collision.

(e) Performance specifications for lamps. Every white light prescribed by this section shall be of such character as to be visible at a distance of at least 2 miles on a dark night with clear atmosphere. Every colored light prescribed by this section shall be of such character as to be visible at a distance of at least one mile on a dark night with clear atmosphere.

(f) Optional lighting requirements. Any boat may carry and exhibit the lights required by the federal regulations for preventing collisions at sea, 1948, federal act of October 11, 1951, (33 USC 143-147d) as amended, in lieu of the lights required by Section CSV.2.14.030(b) and (3).

CSV.2.14.040 Exception for Motorboat Operated for Spearing Purposes

The lighting requirements of Section CSV.2.14.030 shall not apply to a member operating or using a motorboat while fishing with a spear pursuant to Subchapter CSV.2.9 of this ordinance provided that the member is using a light in the front part of the boat as part of such fishing and is operating the boat at slow-no-wake speed.

CSV.2.14.050 Other Equipment

(a) Battery cover. No member shall operate any motorboat equipped with a storage battery in the waters of the ceded territory unless the battery is:

(1) Provided with suitable supports and secured against shifting with the motion of the boat; and

(2) Equipped with a nonconductive shielding means to prevent accidental shorting of battery terminals.

(b) Personal flotation devices (PFD).

(1) No member shall operate or use a boat which is:

(A) Less than 16 feet in length or a canoe or kayak unless at least one PFD of Type I, II, III, or IV PFD or their equivalents listed in figure 1 (below) is on board for each person;

(B) 16 feet or more in length, except a canoe or kayak, unless at least one PFD of Type I, II, III PFD or their equivalents listed in figure 1 (below) is on board for each person; or

(C) 16 feet or more in length, except a canoe or kayak, unless at least one Type IV PFD or its equivalent listed in figure 1 (below) is on board in addition to the PFD's required in this subsection 2(i) and (2)(ii) above.

(2) No member shall operate or use a boat unless each Type I, II, III or IV PFD required by Section CSV.2.14.050(b)(1) is readily accessible or unless each Type IV PFD required by Section CSV.2.14.050(b)(1) is immediately available.

(3) No member shall operate or use a boat unless each PFD device required by this subsection is in serviceable condition.

(4) Figure 1 below lists devices that are equivalent to personal flotation devices.

Figure 1

Devices Marked Are Equivalent To

160.002 Life Preserver Performance Type I Personal Flotation Device

160.003 Life Preserver Performance Type I Personal Flotation Device

160.004 Life Preserver Performance Type I Personal Flotation Device

160.005 Life Preserver Performance Type I Personal Flotation Device

160.009 Ring Life Buoy Performance Type IV Personal Flotation Device

160.047 Buoyant Vest Performance Type II Personal Flotation Device

160.048 Buoyant Cushion Performance Type IV Personal Flotation Device

160.049 Buoyant Cushion Performance Type IV Personal Flotation Device

160.050 Ring Life Buoy Performance Type IV Personal Flotation Device

160.052 Buoyant Vest Performance Type II Personal Flotation Device

160.053 Work Vest Performance Type V Personal Flotation Device

160.055 Life Preserver Performance Type I Personal Flotation Device

160.060 Buoyant Vest Performance Type II Personal Flotation Device

CSV.2.14.060 Motorboat Prohibition

On lakes 50 acres or less having public access, no member shall operate a motorboat in excess of slow-no-wake speed, except when such lakes serve as thoroughfares between 2 or more navigable lakes.

CSV.2.14.070 Traffic Rules

Meeting; overtaking; right of way. No member operating a boat shall fail to comply with the following traffic rules, except when deviation therefrom is necessary to comply with federal pilot rules while operating on the navigable waters of the United States:

(a) When 2 motorboats are approaching each other "head and head," or so nearly as to involve risk of collision, each boat shall bear to the right and pass the other boat on its left side.

(b) When 2 motorboats are approaching each other obliquely or at right angles, the boat which has the other on its right shall yield the right of way to the other. "Right" means from dead ahead, clockwise to 2 points abaft the starboard beam.

(c) When a motorboat and a boat propelled entirely by sail or muscular power are proceeding in such a direction as to involve risk of collision, the motorboat shall yield the right of way to the other boat.

(d) A boat may overtake and pass another boat on either side if it can be done with safety but the boat doing the overtaking shall yield the right of way to the boat being overtaken, notwithstanding any other rule in this section to the contrary.

(e) A boat granted the right of way by this section shall maintain its course and speed, unless to do so would probably result in collision.

CSV.2.14.080 Speed Restriction

(a) Speed to be reasonable and prudent. No member shall operate a motorboat at a speed greater than is reasonable and prudent under the conditions and having regard for the actual and potential hazards then existing. The speed of a motorboat shall be so controlled as to avoid colliding with any object lawfully in or on the water or with any person, boat or other conveyance in or on the water in compliance with legal requirements and exercising due care.

(b) Fixed limits. In addition to complying with sub. (1), no member shall operate a motorboat at a speed in excess of the posted notice as established by regulatory markers.

CSV.2.14.090 Prohibited Operation

(a) Negligent operation. No member shall operate or use any boat upon the waters of the ceded territory in a careless, negligent or reckless manner so as to endanger his or her life, property or person or the life, property or person of another.

(b) Operation by incapacitated person or minor.

(1) No member in charge or control of a boat shall authorize or knowingly permit the boat to be operated by any person who by reason of physical or mental disability is incapable of operating such boat under the prevailing circumstances.

(2) No member under the age of 10 years shall operate a motorboat. Members at least 10 and less than 12 years of age may operate a motorboat only if they are either accompanied in the boat by a parent or guardian or a person at least 18 years of age designated by a parent or guardian. Members at least 12 and less than 16 years of age may operate a motor of any horsepower, but only if they are either accompanied by a parent or guardian or a person at least 18 years of age designated by a parent or guardian, or in possession of a certificate issued upon the successful completion of a tribal boating safety program or similar program conducted by another jurisdiction. Violations of this paragraph done with the knowledge of a parent or guardian shall be deemed a violation by the parent or guardian.

(1) No member shall operate a motorboat so as to approach or pass another boat in such a manner as to create a hazardous wake or wash.

(2) An operator of a motorboat is liable for any damage caused to the person or property of another by the wake or wash from such motorboat unless the negligence of such other person was the primary cause of the damage.

(d) Operating in circular course. No member shall operate a motorboat repeatedly in a circuitous course around any other boat, or around any person who is swimming, if such circuitous course is within 200 feet of such boat or swimmer; nor shall any boat operate or approach closer than 100 feet to any skin diver's flag or any swimmer unless the boat is part of the skin diving operation or is accompanying the swimmer, or unless physical conditions make compliance impossible.

(e) Overloading. No boat shall be loaded with passengers or cargo beyond its safe carrying capacity, taking into consideration weather and other existing operating conditions.

(f) Molesting or destroying aids to navigation and regulatory markers. No unauthorized member shall move, remove, molest, tamper with, destroy or attempt to destroy, or moor or fasten a boat (except to mooring buoys) to any navigation aids or regulatory markers, signs or other devices established and maintained to aid boaters.

CSV.2.14.100 Intoxicated Boating

(a) Operating while under the influence of an intoxicant. No member shall engage in the operation of a motorboat while under the influence of an intoxicant to a degree which renders him or her incapable of safe motorboat operation.

(b) Operation with alcohol concentrations at or above specified levels. No member shall engage in the operation of a motorboat while the person has a blood alcohol concentration of 0.08 grams of alcohol per 100 milliliters of a person's blood. No member shall engage in the operation of a motorboat while the person has 0.08 grams of alcohol per 210 liters of a person's breath.

(c) Related charges. A member may be charged with and a prosecutor may proceed upon a complaint based upon a violation of Section CSV.2.14.100(a) or (2) or both for acts arising out of the same incident or occurrence. If the member is charged with violating both Section CSV.2.14.100(a) and (2), the offenses shall be joined. If the person is found guilty of both Section CSV.2.14.100(a) and (2) for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing. subsections (1) and (2) each require proof of a fact for conviction which the other does not require.

CSV.2.14.110 Slow No-Wake Affecting Billy Boy Flowage

(a) No person shall operate a boat faster than slow-no-wake in the waters of Billy Boy Flowage of the Couderay River, located in the Town of Sand Lake, on the Lac Courte Oreilles Reservation, Sawyer County, Wisconsin, beginning at the bridge which marks the intersection of County Highway E with the Couderay River in the Southwest Quarter of Section Eight (8), Township Thirty-nine (39) North, Range Eight (8) West, thence westerly and southerly, following the course of the Couderay River and Billy Boy Flowage and ending at the Billy Boy Dam which is located near the South line of Section Nineteen (19), Township Thirty-nine (39) North, Range Eight (8) West, at any time.

(b) The Lac Courte Oreilles Conservation Department shall place and maintain a copy of this ordinance at all public access points to the Billy Boy Flowage within the jurisdiction of the Reservation.

Chapter CSV.7 Shoreland Protection Code of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians

Preamble

This ordinance is enacted pursuant to the inherent sovereign authority of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians, to promote the health, safety, and welfare of Lac Courte Oreilles citizens (members) and protect the environment of the Lac Courte Oreilles Reservation, which predates its Treaties of 1825, 1826, 1837, 1842, 1847 and 1854 with the United States Government. In the implementation of this inherent sovereign authority, Article V, §§ 1(s) and (f) of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians, empowers the Tribal Governing Board to: "To promulgate and enforce ordinances…providing for the maintenance of law and order and the administration of justice…" Article V, § 1 (s) and "to manage, lease, permit or otherwise deal with tribal lands, interests in lands or other assets, and to purchase lands, or interests in lands, within or without the reservation" Article V, § 1 (f). Pursuant to this inherent sovereign authority, the Tribal Governing Board hereby recognizes that uncontrolled use of the shorelands and pollution of the navigable waters of the Lac Courte Oreilles Reservation would adversely affect the public health, safety and general welfare of Lac Courte Oreilles citizens (members). The Lac Courte Oreilles Tribal Governing Board has the responsibility to promote the health, safety, and welfare, of Lac Courte Oreilles citizens (members); to further the maintenance of safe and healthful conditions; prevent and control water pollution; protect spawning grounds, fish and aquatic life; control building sites, placement of structures; and to preserve shore cover and natural beauty. This ordinance has been adopted for the purpose of protecting the environment of the Lac Courte Oreilles Reservation.

Subchapter CSV.7.1 General Provisions

CSV.7.1.010 Title

This ordinance shall be known as the Shoreland Protection Code of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

CSV.7.1.020 Authority

CSV.7.1.030 Findings of Fact

Uncontrolled use of the shorelands and pollution of the navigable waters of the Lac Courte Oreilles Reservation would adversely affect the public health, safety and general welfare of Lac Courte Oreilles citizens (members). The Lac Courte Oreilles Tribal Governing Board has the responsibility to promote the health, safety, and welfare, of Lac Courte Oreilles citizens (members); to further the maintenance of safe and healthful conditions; prevent and control water pollution; protect spawning grounds, fish and aquatic life; control building sites, placement of structures; and to preserve shore cover and natural beauty. This ordinance has been adopted for the purpose of protecting the environment of the Lac Courte Oreilles Reservation.

CSV.7.1.040 Purpose

The purpose of this ordinance is to promote the health, safety, and welfare of Lac Courte Oreilles citizens (members). As such, this ordinance has been established to:

(a) Further the maintenance of safe and healthful conditions and prevent and control water pollution through:

(1) Controlling filling and grading to prevent serious soil erosion problems.

(b) Protect spawning grounds, fish and aquatic life through:

(1) Preserving wetlands and other fish and aquatic habitat;

(2) Regulating pollution sources;

(3) Controlling shoreline alterations, dredging and lagooning.

(1) Restricting the removal of natural shoreland cover;

(2) Preventing shoreline encroachment by structures;

(3) Controlling shoreland excavation and other earth moving activities; and

(4) Regulating the placement of structures.

CSV.7.1.050 Territorial Applicability

This ordinance shall govern all shorelands, owned or held in trust for the Lac Courte Oreilles Band of Lake Superior Chippewa Indians or citizens (members) residing within the Lac Courte Oreilles Reservation which are:

(a) Within one thousand (1,000) feet of the ordinary highwater mark of navigable lakes, ponds, and flowages. Lakes, ponds, and flowages on the Lac Courte Oreilles Reservation shall be presumed to be navigable if they are listed in the Wisconsin Department of Natural Resources publication "Surface Resources of Sawyer County" or are shown on United States Geological Survey quadrangle maps.

(b) Within three hundred (300) feet of the ordinary highwater mark of navigable rivers or streams. Rivers and streams on the Lac Courte Oreilles Reservation shall be presumed to be navigable if they are designated as continuous waterways or intermittent waterways on United States Geological Survey quadrangle maps.

(c) Determinations of navigability and ordinary highwater mark location shall be made by the Lac Courte Oreilles Conservation Department.

CSV.7.1.060 Effective Date

Except as otherwise provided in specific sections, the provisions of this ordinance shall be effective on the date adopted by the Tribal Governing Board.

CSV.7.1.070 Interpretation

The provisions of this ordinance:

(a) Shall be interpreted and applied as minimum requirements applicable to the Housing Authority activities subject to this ordinance;

(b) Shall be liberally construed in favor of the Tribe;

CSV.7.1.080 Severability and Non-Liability

CSV.7.1.090 Repeal of Inconsistent Tribal Ordinances

Subchapter CSV.7.2 Definitions

CSV.7.2.010 General Definitions

(a) "Citizen" means an enrolled member of the Lac Courte Oreilles Lake Superior Band of Chippewa Indians.

(b) "Land Manager" means any owner or the entity responsible for the management of any reservation land.

(d) "Reservation" or "Reservation Lands" means those lands, including the beds of any streams and flowages, located within the exterior boundaries of the Lac Courte Oreilles Reservation lands as well as off-reservation lands under the jurisdiction and purview of the Lac Courte Oreilles Tribe.

(e) "Tribe" means the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(f) "Tribal Attorney(s)" means the tribal attorney(s) employed by the Lac Courte Oreilles Legal Department, whom are in charge of and responsible for the prosecution of citations relating to Conservation.

(g) "Tribal Conservation Department" or "Department" means the conservation department of the Tribe.

(h) "Tribal Court" means the court of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(i) "Tribal Governing Board" means the Tribal Governing Board of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

Subchapter CSV.7.3 General

CSV.7.3.010 Compliance

The use of any land or water, location of structures on lots, the filling, grading, lagooning, dredging of any lands or the cutting of shoreland vegetation, shall be in full compliance with the terms of this ordinance and other applicable tribal or federal laws and regulations. Property owners, builders, and contractors are responsible for compliance with the terms of this ordinance.

CSV.7.3.020 Abrogation and Greater Restrictions

This ordinance is not intended to repeal, abrogate or impair any existing deed restrictions, covenants, or easements. However, where this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail.

CSV.7.3.030 Variances

Upon application, the Tribal Governing Board in its discretion, after consultation with the Lac Courte Oreilles Conservation Department, may grant a variance where an applicant demonstrates the request is in the best interest of the Tribe and/or the general public. The variance is subject to written approval of the Tribal Governing Board.

Subchapter CSV.7.4 Enforcement

CSV.7.4.010 Enforcement

Any development or any building or structure constructed after the effective date of this ordinance in violation of the provisions of this ordinance, by any person, firm, association, corporation, including building contractors or their agents shall be deemed a violation. A violation which is not corrected on the order of the Lac Courte Oreilles Conservation Department shall be issued a citation and the matter referred to the Tribal Attorney who shall expeditiously prosecute violations.

CSV.7.4.020 Hearings in Tribal Court

Jurisdiction over all matters arising under this ordinance shall be with the tribal court which shall adjudicate in accordance with Title II of the Lac Courte Oreilles Tribal Code of Law all questions, complaints and alleged violations involving the provisions of this ordinance.

CSV.7.4.030 Enforcement by Conservation Wardens

CSV.7.4.040 Enforcement by Other Law Enforcement Officers

CSV.7.4.050 Investigations

(a) Any person authorized to enforce the provisions of this ordinance may:

(1) Investigate complaints regarding alleged violations of this ordinance within the Lac Courte Oreilles Reservation lands as well as off-reservation lands under the jurisdiction and purview of the Lac Courte Oreilles Tribe.

(2) Execute and serve warrants and other process issued by the tribal court in accordance with applicable law;

(3) Exercise reasonable discretion and judgment in enforcing and applying any provision of this ordinance.

CSV.7.4.060 Issuance of Citations

(c) The citation states the date of the initial hearing before the tribal court which shall be no sooner than ten (10) days after the service of the notice;

(d) The citation states the amount of the fine which may be paid by the violator to the tribal court in order to avoid the initial hearing;

CSV.7.4.070 Penalties

(1) For all violations for which no other amount is specified, a civil remedial forfeiture of not more than $5,000.00;

(2) For any violation, attendance of cultural education classes;

(3) For all violations, appropriate court costs within the discretion of the court.

(b) Each day, which the violation exists, shall constitute a separate offense.

(c) Any member or duly authorized non-member who fails to pay any fine assessed by the tribal court within thirty (30) days after the fine has been assessed and who fails to make other arrangements regarding payment of the fine, shall owe, in addition to the fine imposed, $10.00 for each thirty (30) Day period that the fine is overdue.

CSV.7.4.080 Enhancement of Forfeiture and Penalties

CSV.7.4.090 Schedule of Money Penalties; No Contest

CSV.7.4.100 Collection of Money Penalties

CSV.7.4.110 Parties to a Violation

(b) A member or duly authorized non-member is concerned in the commission of the violation if the member or duly authorized non-member:

(1) Directly commits the violation;

(2) Aids or abets the commission of it; or

(3) Is a party to a conspiracy with another to commit it, or advises, hires, or counsels or otherwise procures another to commit it.

CSV.7.4.120 Interference with Department

Subchapter CSV.7.5 Shoreland Protection

CSV.7.5.010 Setbacks from Navigable Water

(a) Building setbacks shall be established to conform to health, safety and welfare requirements, preserve natural beauty, reduce flood hazards and avoid water pollution.

(b) For lots that abut on navigable waters, all buildings and structures, new dwellings on vacant lots and replacement dwellings; except piers and boat hoists shall be set back a minimum of 75 feet from the ordinary high-water mark of navigable waters and wetlands adjacent to any navigable water. The minimum setbacks shall be 100 feet on the Chippewa Flowage. All setback distances are measured from the overhang or appendage such as a deck, horizontally to the closest point of the ordinary high-water mark. For lots that abut on nonnavigable wetlands, all buildings and structures shall be set back a minimum of 50 feet from the wetland boundary. Navigable wetlands shall be determined by a representative of the Lac Courte Oreilles Conservation Department. Certification of wetland delineation, if required, is the responsibility of the property owner.

(c) New boathouses shall not be allowed within 75 feet (100 feet on the Chippewa Flowage) of the ordinary high-water mark of navigable waters.

(d) Retaining walls shall not be allowed within 75feet (100 feet on the Chippewa Flowage) of the ordinary high-water mark of navigable waters, within 75 feet (100 feet on the Chippewa Flowage) of navigable wetlands or within 50 feet of nonnavigable wetlands.

(1) A need for retaining walls shall not be created by excavation activities.

(2) Existing retaining walls, at their point of replacement/major repair, shall be removed or reduced in height.

CSV.7.5.020 Shoreline Vegetation Protection Area

(a) The cutting of trees and shrubbery shall be regulated to protect natural beauty, control erosion and reduce the flow of effluents, sediments and nutrients from the shoreland area.

(b) There shall be a shoreline vegetation protection area on each lot extending 50 feet landward from the ordinary high-water mark. For lots abutting the Chippewa Flowage, the shoreline vegetation protection area shall extend 100 feet landward from the ordinary high-water mark of 1,313 Mean Sea Level. Within this area the removal of trees, shrubs and ground cover, mowing and filling, grading and other land disturbing activities are prohibited with the following exceptions:

(1) Such activities are in conjunction with a project approved by the Lac Courte Oreilles Conservation Department or as listed in Section CSV.7.5.040 of this ordinance.

(2) Establishment of access corridor(s) for each lot by mowing, pruning and selective removal of trees, stumps and shrubbery. Sufficient native tree seedlings shall be maintained or native tree species planted in the access corridor to maintain a wooded canopy. The access corridor(s) shall be more or less perpendicular to the shore, shall not exceed 30 feet in total width in any 100 feet of shoreline and shall be set back at least 10 feet from the side lot line. For lots having less than 100 feet of water frontage, the access corridor(s) width shall be reduced proportionally (e.g., a lot with 70 feet of water frontage would be restricted to a 21 feet wide access corridor(s) [70' x 0.30 = 21']). An access corridor(s) shall not be established where the absence of vegetation provides a similar naturally occurring opening.

(3) Access corridors for hotels, motels, resorts and campgrounds, at the discretion of the trustee or allottee, may be created either as a single corridor or as multiple corridors, but in no instance shall the total width of the corridors exceed 30% of the frontage of the lot.

(4) A pathway, walkway or stairway is allowed if:

(A) It is located and constructed so as to avoid erosion;

(B) Pathways, walkways and stairways shall not exceed 4 feet in width;

(D) Canopies, roofs or enclosures are prohibited.

(5) Removal of dead and diseased trees is allowed.

(6) Removal of noxious vegetation (i.e., poison ivy, poison oak, ragweed) which poses a threat to health or safety is allowed. The noxious vegetation may be either physically removed (i.e. cutting, pulling, digging out) or an herbicide which is certified for near water use (i.e. Rodeo) may be used.

(7) Public and private water craft launching sites are allowed provided they comply with the following standards:

(A) Construction on slopes steeper than 20% over a 50 foot horizontal distance is prohibited;

(B) An access site on residential property shall not be allowed if an alternative site on the waterway is available to the general public;

CSV.7.5.030 Land Disturbing Activities Within the Shorelands Area

(a) Land disturbing activities may require federal permits. Improper land disturbing activities can result in increased shoreline erosion and waterway sedimentation.

(b) General Standards. Filling, grading, lagooning, dredging, ditching, or excavating may be permitted in the shoreland area provided that:

(1) It is done in a manner designed to minimize erosion, sedimentation and impairment of fish and wildlife habitat.

(2) Any fill placed in the shoreland area is protected against erosion by the use of rip-rap, vegetative cover, or a bulkhead.

(3) The smallest amount of bare ground shall be exposed for as short a time as feasible.

(4) Temporary ground cover, such as mulch or jute netting, shall be used and permanent vegetative cover shall be established.

(5) Diversion berms or bales, silting basins, terraces, filter fabric fencing, and other methods shall be used to prevent erosion.

(6) Fill shall be stabilized according to accepted engineering standards.

(7) Channels or artificial watercourses shall be constructed with side slopes of two (2) units horizontal distances to one (1) unit vertical or flatter which shall be promptly vegetated, unless bulkheads or rip-rap are provided.

CSV.7.5.040 Resource Management and Agricultural Exemptions

The following activities are exempted from the provisions of in Section CSV.7.5.020 of this ordinance:

(a) Fish and wildlife habitat management activities if approved by the Lac Courte Oreilles Conservation Department.

(b) Commercial timber harvest and other forestry activities including land disturbing activities (such as forestry road building) if:

(1) Such activity is in compliance with the Tribal land use plan and follows appropriate practices specified in Wisconsin's Forestry Best Management Practices for Water Quality published by the Department of Natural Resources or follows a plan approved by the Lac Courte Oreilles Conservation Department that is in compliance with Tribal land use plans.

CSV.7.5.050 Impervious Surface Limitations

(a) Extensive research shows that shoreland development results in increased quantities and velocities of runoff that may overwhelm infiltration capacity and transport sediment, nutrients and other pollutants directly to surface waters if proper management is not employed.

(b) The maximum total area of impervious surfaces shall not exceed fifteen percent (15%) of a total shoreland lot area within 300' of the ordinary highwater mark.

(c) The limitation on impervious surfaces may be increased to no more than twenty percent (20%) only with the submission of an application and approval of the Lac Courte Oreilles Conservation Department. The application shall include, at a minimum, the following documentation:

(1) A topographic survey of sufficient scale (not less than 1" = 20') showing pre-construction and pre-excavation conditions including slopes/contours, water bodies, wetlands, vegetative cover, drainage ways, roadways, buildings and all other impervious surfaces and any unique physical features of the lot.

(2) A site plan of similar scale showing the information required in (a) as proposed post-construction conditions, and shall include all erosion/sedimentation control measures, diversion/containment structures and total calculations of lot area and impervious surfaces.

(d) The limitation on impervious surfaces located more than 300 feet from the ordinary high-water mark may be increased to no more than twenty-five percent (25%) only with the submission and approval of the Lac Courte Oreilles Conservation Department of a Rainwater/Snow Run-off Retention Plan containing the same information required in 2(a) and 2(b).

CSV.7.5.060 Piers

(a) A pier is a structure extending into navigable waters from the shore with water on both sides, built or maintained for the purpose of providing a berth for watercraft or for loading and unloading cargo or passengers onto or from watercraft. The proper management of piers has the potential to reduce user conflicts, maintain boating densities consistent with the carrying capacity of the water, minimize adverse human impacts in the sensitive near shore zone within the waterway, enhance the natural beauty of the shoreline and protect water quality by minimizing the potential for debris, sediment and other miscellaneous objects from entering the waterway.

(b) General Standards. A pier is permitted provided that:

(1) It is constructed so as not to interfere with the rights of other waterfront owners;

(2) It does not unreasonably obstruct navigation or otherwise interfere with public rights in navigable waters;

(3) It does not totally enclose any portion of a navigable waterway;

(4) It shall not interrupt the free movement of water nor cause land to be deposited on the lakebed;

(5) The placement of the pier shall not damage sensitive spawning areas, endangered vegetation or waterfowl or loon nesting areas.

(6) The width of the pier is less than or equal to four feet;

(7) Finger piers ("T's" or "L's") may be used to provide mooring slips or stabilize a pier. Larger decks or platforms, roofs, canopies, water slides or other construction not essential for mooring watercraft are prohibited.

(8) Piers may include a temporary boat hoist. The temporary hoist may have a roof or canopy, which blends with the shoreline background, but it may not have sides or walls.

(9) The pier must be located directly waterward of the access corridor.

(c) Density Standards. The number of berths and moorings shall not exceed 2 per the first100 feet of shoreline. One additional berth or mooring is permitted for each additional 50 feet.

(d) Length Standards. A pier may extend waterward the greater of:

(1) The boat length.

(2) The three foot water depth contour.

(3) A deeper contour if required by the draft of the craft using the pier.

Chapter CSV.8 Industrial Hemp Code of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians

Preamble

This ordinance is enacted pursuant to the inherent sovereign authority of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians. In the implementation of this inherent sovereign authority, Article V, § 1 (h) and (n) of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians, empowers the Tribal Governing Board to: "To engage in any business that will further the social or economic well-being of members of the Band or undertake any programs or projects designed for the economic advancement of the people," Article V, § 1 (h); and "To regulate, by enactment of ordinances, the conduct of business within the territory of the Band, including the power to impose taxes or license fees upon members and non-members doing business within the reservation" Article V, § 1 (n). Pursuant to this inherent sovereign authority, the Tribal Governing Board hereby establishes the Agricultural Division of the Lac Courte Oreilles Conservation Department as a governmental instrumentality of the Tribe, and enacts this ordinance which shall establish the purposes, powers and duties of the same. The Agricultural Division shall carry out the requirements of the final rule established by the Domestic Hemp Production Program mandated by the Agriculture Improvement Act of 2018 (the "2018 Farm Bill"). The 2018 Farm Bill recognizes the Tribe's primary regulatory authority over the production of hemp within the Tribe's territory and in accordance with federal and tribal laws, and a Tribal Hemp Plan approved by the United States Secretary of Agriculture. A copy of this ordinance duly certified by the Secretary/Treasurer of the Tribal Governing Board shall be admissible in evidence in any suit, action or proceedings.

Subchapter CSV.8.1 Introduction

CSV.8.1.010 Title

This Ordinance shall be known as the Industrial Hemp Code of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

CSV.8.1.020 Authority

This Ordinance is enacted pursuant to the inherent sovereign authority of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians. In the implementation of this inherent sovereign authority, Article V, § 1 (h) and (n) of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians, empowers the Tribal Governing Board to: "To engage in any business that will further the social or economic well-being of members of the Band or undertake any programs or projects designed for the economic advancement of the people," Article V, § 1 (h); and "To regulate, by enactment of ordinances, the conduct of business within the territory of the Band, including the power to impose taxes or license fees upon members and non-members doing business within the reservation" Article V, § 1 (n).

CSV.8.1.030 Declaration of Policy

(a) It is the policy of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians to:

(1) Establish and grant regulatory authority to the Lac Courte Oreilles Agricultural Division to serve as a governmental instrumentality and arm of the Tribe for the regulation of Hemp on lots within the jurisdiction of the Tribe;

(2) Allow persons to plant, produce , harvest, sample, test, process, transport, transfer, take possession of, sell, import, and export Hemp on lots within the jurisdiction of the Tribe to the greatest extent allowed under federal law and to comply with the 2018 Farm Bill;

(3) Treat the production and processing of Hemp on lots within the jurisdiction of the Tribe as an agricultural commodity under the laws of the Tribe; and,

(4) Provide an additional source of revenue and an economic opportunity for Tribe and its members.

(b) For the foregoing reasons, the Tribal Governing Board has determined that this Ordinance is in the best interests of the Tribe.

(c) The Tribal Governing Board hereby authorizes submission of a certified copy of this Ordinance to the USDA for approval as its Hemp Regulatory Plan under the 2018 Farm Bill and certifies it has the resources, personnel, capacity and intent to fund, enforce, and staff the regulatory activities authorized and mandated by this ordinance.

CSV.8.1.040 Purpose

The Lac Courte Oreilles Band of Lake Superior Chippewa Indians hereby finds and declares that:

(a) The government of United States recognizes Indian tribes as having sovereignty over their members and territories.

(b) The Lac Courte Oreilles Band of Lake Superior Chippewa Indians (the "Tribe") is a federally recognized Indian Tribe organized pursuant to the Indian Reorganization Act of June 18, 1934 (48 Stat. 984), codified at 25 U.S.C. §§ 5101, et seq., as amended by the Act of June 15, 1935, (49 Stat. 378); and

(c) Article III of the Lac Courte Oreilles Tribal Constitution ("Tribal Constitution") establishes the Tribal Governing Board as the governing body of the Tribe. Article V of the Tribal Constitution empowers the Tribal Governing Board to, inter alia, manage all economic affairs and enterprises of the Tribe; to safeguard, regulate and promote the peace, safety, morals and general welfare of the tribe by regulating the conduct of trade and the use and disposition of property upon the reservation; to charter subordinate organizations for economic purposes and to regulate the activities of cooperative associations of members of the tribe under ordinances adopted by the Tribal Governing Board; To delegate to subordinate boards, officers, committees, or cooperative associations which are open to all members of the Band any of the foregoing powers, reserving the right to review any actions taken by virtue of such delegated powers prior to and after such actions are taken; to govern the conduct of persons under the territorial jurisdiction of the Tribe; and to regulate commerce within the jurisdictional boundaries of the Tribe or on any after acquired lands.

(d) In February 2014, Congress passed the Agricultural Act of 2014 (hereinafter "2014 Farm Bill"), which defined industrial Hemp as separate and distinct from marijuana, and also authorized state departments of agriculture and institutions of higher education to produce Hemp for agricultural or academic research, including research into the marketing of industrial Hemp.

(e) On December 20, 2018, the U.S. Congress enacted the Agriculture Improvement Act of 2019 ("2018 Farm Bill") that amend the Agricultural Marketing Act of 1946 (7 U.S.C. § 1621 et seq.) by adding Subtitle G entitled "Hemp Production" thereby allowing for the controlled production of Hemp in accordance with the Act, and a State or Tribal plan approved by the Secretary of Agriculture.

(f) The 2018 Farm Bill also amended Section 102(16) of the Controlled Substances Act (21 U.S.C. 802(16)), by removing Hemp (as defined by section 297A of the Agricultural Marketing Act of 1946) from the list of federal controlled substances.

(g) Pursuant to this Ordinance and any regulations developed in accordance with this Ordinance, the Tribe authorizes the production of Hemp within the Tribe's jurisdiction. Any changes to this Ordinance shall first be submitted to the USDA and approved before they may take effect.

CSV.8.1.050 Territorial Applicability

This Ordinance shall govern the research, production, processing and distribution of Hemp within the tribes Indian Country, as defined by 18 U.S.C. § 1151, as well as off-reservation lands under the jurisdiction and purview of the Lac Courte Oreilles Tribe.

CSV.8.1.060 Effective Date

Except as otherwise provided in specific sections, the provisions of this ordinance shall be effective on the date adopted by the Tribal Governing Board.

CSV.8.1.070 Interpretation

The provisions of this ordinance:

(a) Shall be interpreted and applied as the minimum requirements applicable to the research, production, processing and distribution of Hemp activities within the jurisdiction of the Tribe subject to this ordinance;

(b) Shall be liberally construed in favor of the Tribe;

CSV.8.1.080 Severability and Non-Liability

CSV.8.1.090 Repeal of Inconsistent Tribal Ordinances

Subchapter CSV.8.2 Definitions

CSV.8.2.010 General Definitions

The following terms, wherever used in this ordinance, shall be construed to apply as follows:

(a) "Acceptable hemp THC level" means when the application of the measurement of uncertainty to the reported total delta-9 tetrahydrocannabinol content concentration level on a dry weight basis produces a distribution or range that attachments 0.3% or less. For example, if the reported total delta-9 tetrahydrocannabinol content concentration level on a dry weight basis is 0.35% and the measurement of uncertainty is +/– 0.06%, the measured total delta-9 tetrahydrocannabinol content concentration level on a dry weight basis for this sample ranges from 0.29% to 0.41%. Because 0.3% is within the distribution or range, the sample is within the Acceptable Hemp THC level for the purpose of plan compliance with this code and applicable State and Federal law.

(b) "Agricultural Division" or "Division" means the Agricultural Division of the Lac Courte Oreilles Conservation Department as established by the Tribal Governing Board through this ordinance which shall serve as a governmental instrumentality and arm of the Tribe.

(c) "Applicant" means a natural Person, or a business entity, who submits an application to participate in the Tribe's Hemp program.

(d) "Cannabis sativa L." means all parts of the plant Cannabis sativa L., whether being produced or not, including its seeds, resin, compounds, salts, derivatives, and extracts, and does not mean Publicly Marketable Hemp Product, as defined by this ordinance.

(e) "CBD" means cannabidiol.

(f) "Certified Seed" means a seed for which a certificate or other instrument has been issued by a review board or certifying agency authorized under the laws of the Tribe, a state, federal law, any other federally recognized Indian tribe, or U.S. territory or possession to certify Hemp Seed varietals and that has standards and procedures approved by the United States Secretary of Agriculture to assure the purity and identity of the seed certified.

(g) "Citizen" means an enrolled member of the Lac Courte Oreilles Lake Superior Band of Chippewa Indians.

(h) "Conservation Department" or "Department" means the Conservation Department of the Tribe.

(i) "Decarboxylated" or "Decarboxylation" means the completion of the chemical reaction that converts tetrahydrocannabinolic acid into Delta-9-tetrahydrocannabinol, the intoxicating component of cannabis.

(j) "Delta-9-THC" means Delta-9-tetrahydrocannabinol concentration (the primary intoxicating component of Cannabis sativa L.), accounting for Decarboxylation.

(k) "Director" shall mean the Director of the Agricultural Division of the Lac Courte Oreilles Conservation Department, as established by this ordinance.

(l) "Disposal" means an activity that transitions the non-complaint product into a non-retrievable or non-ingestible form. Such activities include plowing, tilling, or disking plant materials into the soil; mulching, compositing, chopping, or bush mowing plant material into green manure; burning plant material; burying plant material into the earth and covering with soil.

(m) "Drug Enforcement Administration" or "DEA" means the U.S. Drug Enforcement Administration.

(n) "Dry weight basis" means the ratio of the amount of moisture in a sample to the amount of dry solid in a sample. Once a sample is collected it shall be dried to a consistent loss (typically 5-12% moisture content) so that the test can be performed.

(o) "Farm Service Agency" or "FSA" is an agency of the U.S. Department of Agriculture.

(p) "Financial Interest" is a person or entity that has more than a five (5) percent interest, share or ownership in a Hemp Business or in the revenues of a Hemp Business.

(q) "Geospatial location" means a location designated through a global system of navigational satellites used to determine the precise ground position of a place or object which may be available from the USDA Farm Service Agency.

(r) "Hemp" means the plant species Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a total Delta-9-tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

(s) "Hemp Business" means a business entity of any kind that engages in any aspect of Hemp related activities authorized by this ordinance including, but not limited to, a Tribally Owned Corporation.

(t) "Law Enforcement Agency" means the Lac Courte Oreilles Police Department and any state or federal law enforcement agency having applicable jurisdiction within Lac Courte Oreilles Reservation lands.

(u) "Licensee" means a person or business that has been issued a valid Production Licensing Agreement or Processor Licensing Agreement.

(v) "Licensed Producer" means a person authorized by the Agriculture Division to cultivate Hemp for market under the terms established by this ordinance. Consistent with the requirements of 7 C.F.R. §718.2 and 7 C.F.R. Part 990, a Producer includes an owner, operator, landlord, tenant, or sharecropper who shares in the risk of producing the Hemp crop and who is entitled to share in marketed Hemp crop.

(w) "Licensed Processor" means a person authorized by the Agriculture Division to process, handle, store, and market Hemp within the Tribe's jurisdiction under the terms established by this ordinance.

(x) "Lot" means the particular land, building or buildings where Hemp will be produced, handled, stored, or processed, which can include a field name or building name.

(y) "Nonviable Seed" means a seed that has been crushed, dehulled, or otherwise rendered to have a zero percent germination rate.

(z) "Person" means an individual or business entity.

(aa) "Pesticide" means any substance or mixture of substances intended to:

(1) Prevent, destroy, control, repel, attract, or mitigate any pest; or

(2) Be used as a plant regulator, defoliant, or desiccant; or

(3) Be used as a spray adjuvant, once they have been mixed with a U.S. Environmental Protection Agency registered product.

(bb) "Police Department" shall mean the Lac Courte Oreilles Police Department.

(cc) "Processor Licensing Agreement" means a document executed by a person and the Agriculture Division authorizing the person to process, handle, convert Hemp into a marketable form, and store processed Hemp at one (1) or more specified lots within the Tribe's jurisdiction.

(dd) "Production Licensing Agreement" means a document executed by an Applicant and the Agricultural Division authorizing the person to possess, produce, dry, harvest and store Hemp at one (1) or more specified lots.

(ee) "Program" means the Tribe's Hemp Program.

(ff) "Propagule" means a plant or plant part that can be utilized to produce a new plant.

(gg) "Publicly Marketable Hemp Product" means a Hemp product that meets one (1) or more of the following descriptions:

(1) Bare stalks, bast fiber, hard fiber, nonviable roots, nonviable seeds, seed oils, plant extracts with a total Delta-9 THC with a 3.0% or below;

(2) Products produced by a Federally Recognized American Indian Tribe or State pursuant to a program adopted under the 2014 Farm Bill; or

(3) Products produced by a Federally Recognized American Indian Tribe or State pursuant to a State or Tribal plan approved by the U.S. Department of Agriculture pursuant to the 2018 Farm Bill; or

(4) Products that are CBD derived from Hemp, as defined by this ordinance;

(5) The product is CBD that is approved as a prescription medication by the Untied States Food and Drug Administration; or

(6) Does not include any living Hemp plants, viable seeds, leaf materials, floral materials, or total Delta-9 THC content above 0.3%.

(hh) "Reservation" or "Reservation Lands" means the tribe's Indian Country, as defined by 18 U.S.C. § 1151, those lands, including the beds of any streams and flowages, located within the exterior boundaries of the Lac Courte Oreilles Reservation lands as well as off-reservation lands under the jurisdiction and purview of the Lac Courte Oreilles Tribe.

(ii) "Seed" means Hemp's unit of reproduction, capable of developing into a Hemp plant.

(jj) "Seed Source" means the origin of the Seed or Propagules as determined by the Agricultural Division or the Director.

(kk) "Signing Authority" means an officer or agent of a legal entity with written authorization to commit the legal entity to a binding agreement.

(ll) "Test Result Report" shall mean a report prepared by an Agricultural Division approved laboratory that conducts tests on samples of Cannabis sativa L. from Licensed Producers. The approved lab must submit results directly to the USDA through the online HeMP platform. The test result report will include the license number, the name and address of the Licensed Producer, the Lot, date of test, test results including total Delta-9-THC, identification of retest, the name and address of the laboratory, the DEA registration number of the laboratory (if available), and the measurement of uncertainty.

(mm) "Tribal Governing Board" means the Tribal Governing Board of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(nn) "Tribal Court" means the court of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(oo) "Tribally Owned Corporation" shall mean a business entity organized under the laws of the Tribe, Federal law, and wholly owned and operated by the Tribe.

(pp) "Tribe" means the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(qq) "U.S. Department of Agriculture" or "USDA" is a Federal agency within the U.S. Government.

(rr) "Variety" means a subdivision of a species that is:

(1) Uniform, in the sense that the variations in essential and distinctive characteristics are describable; and

(2) Stable, in the sense that the variety will remain unchanged in its essential and distinctive characteristics and its uniformity if reproduced or reconstituted as required by the different categories of varieties; and

(3) Distinct, in the sense that the variety can be differentiated by one or more identifiable morphological, physiological, other characteristics from all other publicly known varieties, or other characteristics from all other publicly known varieties.

Subchapter CSV.8.3 General Provisions

CSV.8.3.010 Exemption from Prosecution for Certain Acts

(a) The possession, production, processing, manufacturing production, handling, transportation and/or distribution of Hemp on lots within the jurisdiction of the Tribe is fully authorized pursuant to the terms and conditions set forward in this ordinance.

(b) No person or Licensee shall be subject to criminal penalties for activities in compliance with this ordinance.

CSV.8.3.020 Control of Hemp

(a) This title shall govern the production and processing of Hemp on lots under the jurisdiction of the Tribe and will be the basis of the tribal plan described in the 2018 Farm Bill.

(b) Tribal regulation of the production and processing of Hemp on the lots under the jurisdiction of the Tribe is necessary to protect the health, security, and general welfare of the Tribal community. In order to further these goals, the Tribe has adopted this ordinance, which shall be liberally construed to fulfill the purposes for which it has been adopted.

(c) Nothing in this title shall be deemed to be in conflict with the Controlled Substances Act, 21 U.S.C. section 801 et seq.

CSV.8.3.030 Sovereign Immunity

(a) The Agricultural Division shall enjoy all of the privileges and immunities of the Tribe, except as specifically limited by this ordinance, including sovereign immunity from suit in state, federal, or tribal court.

(b) As established pursuant to Section TCT.1.3.020, the Agricultural Division shall have no authority to waive the sovereign immunity of the Tribe, or any other Tribal entity.

(c) Nothing in this ordinance shall be deemed or construed to be a waiver of the Agricultural Division 's sovereign immunity from suit, aside from Section CSV.8.3.030(f), which pertains only to actions initiated by the Tribal Governing Board against the Agricultural Division.

(d) Nothing in this ordinance shall be deemed or construed as consent of the Agricultural Division to the jurisdiction of the United States, any state, or any other Tribe with regard to the business or regulatory affairs of the Agricultural Division.

(e) Nothing in this ordinance shall be construed to limit the jurisdiction of the Tribe, the Tribal Court or Police Department and nothing herein shall limit or constitute a waiver of the sovereign immunity of the Tribe or its officers, instrumentalities, employees, elected officials, and agents or authorize any form a prospective waiver of such sovereign immunity.

(f) Notwithstanding any other provision herein, as an entity of the Tribe, the Agricultural Division's immunity from suit shall at all times be deemed waived for actions against the Agricultural Division initiated by the Tribal Governing Board.

CSV.8.3.040 Compliance with Federal Law

To the extent that the U.S. Department of Agriculture imposes any regulatory requirements for tribal production, processing, handling, transporting, or regulation of Hemp that are inconsistent with the provisions of this ordinance, federal law shall apply, and this ordinance will be amended as necessary to comply with any present or future requirements imposed by federal law related to Hemp.

Subchapter CSV.8.4 Administration

CSV.8.4.010 Establishment of the Agricultural Division; Attributes

(a) The Tribe hereby establishes the Agricultural Division of the Lac Courte Oreilles Conservation Department as a governmental instrumentality and arm of the Tribe and will hereafter be referred to as the Agricultural Division.

(b) The Agricultural Division shall carry out the requirements of the 2018 Farm Bill and the Final Rule, 7 C.F.R. § 990 as adopted and implemented by the Tribe pursuant to the provisions of this ordinance.

(c) The Agricultural Division shall be governed by the Lac Courte Oreilles Conservation Department under the directive of the Tribal Governing Board which will fulfill any and all obligations of the Tribal Governing Board as set forth under this ordinance.

(d) In carrying out its purposes under this ordinance, the Agricultural Division of the Lac Courte Oreilles Conservation Department shall function as an arm-of-the-Tribe.

CSV.8.4.020 Director of the Agricultural Division; Qualifications; Powers

(a) The Director of the Lac Courte Oreilles Conservation Department shall hire, supervise, and may remove the Director of the Agricultural Division, except that the initial Director shall be appointed by the Tribal Governing Board.

(b) The Director of the Agricultural Division shall carry out the day-to-day operations of the Agricultural Division, including the powers and duties of the Director as set forth in Section CSV.8.4.030 of this ordinance, and such other duties and powers that the Tribal Governing Board delegates to the Director in writing.

(d) The Director of the Agricultural Division may not have been convicted of a felony within the past five (5) years.

(e) No person with a Financial Interest in any Hemp Business shall serve as Director of the Agricultural Division.

CSV.8.4.030 Powers and Duties of the Director of the Agricultural Division

The Director of the Agricultural Division shall have the power and responsibility to carry out all measures necessary for effective implementation of this ordinance including, not limited to:

(a) Regularly report to and advise the Tribal Governing Board on Hemp activities as set forth in this ordinance.

(b) Exercise all powers and responsibilities of the Agricultural Division as set forth in this ordinance and as delegated and directed by the Tribal Governing Board.

(d) Establishing an efficient process for license applications and promptly communicating eligibility determinations to tribal and federal authorities and license applicants as requested by the Director of the Lac Courte Oreilles Conservation Department Director or the Tribal Governing Board.

(e) Reviewing, making determinations, and recommendations to the Tribal Governing Board that it approve and/or deny the eligibility of licenses for all Hemp related activities on lots within the jurisdiction of the Tribe and the renewal of licenses.

(f) Creation and review of rules, standards and regulations, as well as to provide recommendations on the promulgation of additional rules, standards, and regulations as are reasonably necessary to carry out the responsibilities of this ordinance and all relevant Hemp regulations and policies as requested by the Tribal Governing Board.

(g) Enforcement of the provisions of this ordinance.

(h) Establishing sampling techniques consistent with USDA requirements.

(i) Conducting sampling and inspection of Hemp activities related to Cannabis sativa L. on lots within the jurisdiction of the Tribe.

(j) Setting fees and/or imposing and collecting fees set by this ordinance or by the Agriculture Division in execution of this ordinance.

(k) Performing testing of Hemp and Cannabis sativa L. for total Delta-9-THC concentrations consistent with this ordinance.

(l) Ensuring compliance with all Tribal, and applicable State and Federal laws, rules and regulations regarding Hemp.

(m) Establishing and imposing civil fines and penalties and other sanctions as deemed appropriate to enforce the requirements of this ordinance and as well as violations of any tribal rule or regulation.

(n) Holding hearings and requiring licensees and license Applicants to appear and testify under oath regarding matters related to the enforcement of this ordinance, tribal regulations and licensing requirements.

(o) Coordinating with relevant Tribal, State and Federal agencies and law enforcement agencies.

(p) Keeping accurate records of all applications for licensure, grants or denials of licenses, receipts of fees, distribution of fees and revenues to the Tribe, and other matters within the responsibility of the Director of the Agricultural Division.

(q) Establishing and carrying out a practice to maintain relevant information regarding lots on which Hemp is produced within the jurisdiction of the Tribe, including a legal description of the lots, for a period of not less than three (3) calendar years.

(r) Requiring labeling of Hemp for THC concentrations, Pesticides and other items as determined by the Agricultural Division.

(s) Entering into agreements with third parties to assist the Agricultural Division in fulfilling its duties.

(t) Periodically reporting to the Tribal Governing Board on Hemp policies and practices that will result in the proper and legal production, management, marketing, processing, and use of the Tribe's Hemp industry. Such policies and practices should address the following:

(1) Legal and regulatory impediments;

(2) The economic and financial feasibility of a Hemp market on lots within the jurisdiction of the Tribe;

(3) Tribal businesses that may potentially produce and process Hemp;

(4) Examination of research on Hemp production and utilization;

(5) The potential for national and global marketing of Hemp production on lots within the jurisdiction of the Tribe;

(6) The feasibility of private funding for a Tribal Hemp research program;

(7) Law enforcement concerns; and,

(8) Technical support and education about Hemp.

(u) Providing advice as directed by the Tribal Governing Board or requested by the Executive Director of the Lac Courte Oreilles Conservation Department on matters relevant to Hemp activities authorized by this ordinance.

(v) Hire, supervision and termination of staff of the Agricultural Division necessary to carry out the rules of the Agricultural Division, within budgetary constraints established by the Tribal Governing Board.

CSV.8.4.040 Compensation of the Director of the Agricultural Division

The compensation of the Director of the Agricultural Division shall be established by the Tribal Governing Board.

CSV.8.4.050 Training, Equipment; Staff

The Agricultural Division will be provided with adequate training, equipment, staff and compensation to fully carry out the requirements of this ordinance in the sole determination of the Tribal Governing Board.

CSV.8.4.060 Bi-Annual Reports

The Director of the Agricultural Division shall prepare bi-annual reports for the Tribal Governing Board summarizing the Agricultural Division's official actions, activities, investigative reports related to any Licensed Processor, Licensed Producer, Hemp Business or other Hemp activities on tribal land.

Subchapter CSV.8.5 Licensing

CSV.8.5.010 Applications for Production and Processor Licensing Agreements

(a) Any person or Hemp Business, including a Tribally Owned Corporation, who wishes to produce or process Hemp at any lot within the Tribe's jurisdiction, shall submit to the Director of the Agricultural Division a completed application for a Production Licensing Agreement and/or Processor Licensing Agreement.

(b) Tribal preference in licensing shall be given to Tribally Owned Corporation(s) and to Lac Courte Oreilles citizens (members).

(d) A Licensed Producer or Licensed Processor may co-operate at the same location. However, each noncontiguous land area on which Hemp is produced or processed shall require a separate licensing agreement. Any addition to a Lot shall require consent of the Agricultural Division and modification of the Production Licensing Agreement.

(e) No person may cultivate, dry, harvest or store Hemp at any lot within the jurisdiction of the Tribe without a Production Licensing Agreement.

(f) No person may process, handle, convert Hemp into a marketable form, or store Hemp at any lot within the jurisdiction of the Tribe without a Production Licensing Agreement or Processor Licensing Agreement with the exception of Hemp products that fall within the definition of a Publicly Marketable Hemp Product and persons who already have a Production Licensing Agreement.

(g) The application shall at a minimum include the following:

(1) Full name, residential address, telephone number, and email address, if an email address is available; and

(2) Business name, EIN number, all persons with a financial interest in the business, type of business entity (such as a corporation, LLC, partnership, sole proprietor etc.), business address. Email address, and phone number; and

(3) Documentation showing either a valid tenancy, ownership or other legal interest showing possession of the property where Hemp production, or processing will occur; and

(4) Documentation establishing membership in the Tribe, if applicable; and

(5) Street address, location ID, legal description and/or global positioning system coordinates for each proposed lot where Hemp will be produced and processed; and

(6) Where available, geospatial location as identified by the USDA Farm Service Agency for each proposed lot where Hemp will be produced or processed; and

(7) Information regarding any other Hemp production or processing facility that is licensed in any other jurisdiction owned in whole or in part by any person with a Financial Interest in the Applicant, including any violations, citations, or license revocations of any other Hemp license in any other jurisdiction; and

(8) Criminal History Report and consent authorizing the Agricultural Division to conduct a criminal background check on the Applicant and anyone with a Financial Interest in the Hemp Business; and

(9) Licensing fees, which the Agricultural Division shall reasonably set and collect to cover the costs of licensing and regulation. Failure to pay the fees will result in the denial of an application; and

(h) A business plan and/or operations plan shall be included with the application that includes at a minimum the following:

(1) The lot to be used for Hemp production or processing; and

(2) A brief description of Hemp production and/or processing activities; and

(3) The anticipated or actual number of employees and the name of the project manager if not the same as Applicant's Signing Authority; and

(4) A description of Seed, Certified Seed, Variety, or Propagule to be used for production and the planned Seed Source or source of Propagules; and

(5) The number of anticipated Hemp plants under production; and

(6) A list of all Pesticides and other chemicals proposed for use; and

(7) Identification of all persons with a Financial Interest in the Hemp Business; and

(8) A statement of previous farming experience, if any.

(i) Any person convicted of a felony relating to a controlled substance under state or Federal law shall be ineligible, during the ten (10) year period following the date of the conviction to receive a license to produce or process Hemp, unless that person was convicted of a felony related to the lawful production of Hemp under the 2014 Farm Bill and the conviction occurred before December 20, 2018.

(j) No later than fifteen (15) days from submission of an application, the Agricultural Division shall notify the Applicant if additional information is needed. Applicants that fail to provide additional information to the Agricultural Division within thirty (30) days of any request for additional information shall be automatically denied. Applicants that are denied for failure to provide additional information may reapply to the Agricultural Division without prejudice.

(k) Applications shall be approved, conditionally approved or denied by the Agricultural Division within thirty (30) days of submission. The Agricultural Division shall notify Applicants by letter or email whether the application has been approved, conditionally approved or denied.

(l) Applicant shall submit a sworn statement submitting to the Tribe's jurisdiction to resolve any disputes arising under this ordinance and any action by the Agricultural Division or the Tribe in general.

CSV.8.5.020 Contents of Production and/or Processor Licensing Agreements

Any Production Licensing Agreement or Processor Licensing Agreement issued by the Agricultural Division shall contain the following:

(a) A unique license or registration number in the format prescribed by the U.S. Department of Agriculture.

(b) Consent to entry onto, and inspection of, all land and buildings where Hemp or Cannabis sativa L. is known to be located or licensed to be located, by the Agricultural Division, by the Director and/or by a Law Enforcement Agency, and USDA inspectors with or without cause, with or without advance notice.

(1) Any and all Cannabis sativa L. found to have a measured total Delta-9-THC content in excess of zero and three-tenths (0.3) percent on a dry weight basis; and

(2) Hemp or Cannabis sativa L. located in an area that is not licensed by the Agricultural Division or located in Lot; and

(3) Hemp or Cannabis sativa L. not accounted for in any required reporting to the Agricultural Division.

(d) Acknowledgement that the Production Licensing Agreement and/or Processor Licensing Agreement cannot be assigned or transferred to another business, person or entity, without approval of the Agricultural Division.

(e) Acknowledgement that any changes to Applicant contact information must be provided in writing to the Agricultural Division within ten (10) days.

(f) Acknowledgement that the Applicant will abide by all requirements of this ordinance and any amendments thereto.

(g) Acknowledgement that prior written approval from the Agricultural Division will be sought before modification of any lot or licensed production or processing of Hemp.

(h) Acknowledgement by the Applicant that Hemp shall not be produced or processed in any lot other than the lot approved by the Agricultural Division.

(i) Acknowledgement that the risk of financial or other loss of the Hemp Business shall be borne solely by the Licensed Producer and/or Licensed Processor.

(j) Agreement that any time Hemp is in transit, a copy of the Production Licensing Agreement and/or Processor Licensing Agreement, and Test Result Report, shall be available for inspection upon the request of the Agricultural Division, Director or Law Enforcement Agency.

(k) Agreement that, upon request from a representative of the Agricultural Division, Director or Law Enforcement Agency, a Licensed Producer and/or Licensed Processor shall immediately produce a copy of his or her Production and/or Processor Licensing Agreement for inspection.

(l) Agreement to submit Planting Reports, Harvest/Destruction Reports, Production Reports, and any other reports required by the Agriculture Division to which the Licensed Producer and/or Licensed Processor has agreed, on or before the deadlines established in this ordinance.

(m) Agreement to notify the Agricultural Division of any interaction with a Law Enforcement Agency, pertaining to the implementation of the provisions of this ordinance, immediately by phone and follow-up in writing within three (3) calendar days of the occurrence.

(n) Agreement to notify the Agricultural Division of any theft of Hemp materials, whether they are being used for production or not.

(o) Acknowledgement that failure to comply with terms and conditions established in the Production Licensing Agreement and/or Processor Licensing Agreement shall constitute grounds for appropriate Agricultural Division action including termination of any license issued under this ordinance.

(p) Acknowledgement that any Person or Hemp Business which has suffered a license revocation or denial from the Tribe's Hemp program shall not be eligible to reapply to the program for a period of one (1) year from the date on which the revocation or denial became final. Any Person or Hemp Business that negligently violates the provisions of this Ordinance three times in a 5-year period shall be ineligible to produce hemp for a period of 5 years.

CSV.8.5.030 Reports

(a) A Licensed Producer shall submit to the Agricultural Division a Planting Report by July 1 of each year or within thirty (30) days after every planting, including replanting, of seeds or Propagules in any lot, whichever is earlier.

(b) Each Planting Report shall include:

(1) A description of the Hemp varieties planted within the lot; and

(2) The anticipated number of Hemp plants under production; and

(3) Identification of Pesticides in use; and

(4) A detailed statement anticipated use of the Hemp produced within the lot; and

(5) Any other information required by the Agricultural Division or Director consistent with the requirements of this ordinance.

(c) A Licensed Producer who does not plant Hemp in a lot shall submit a Planting Report on or before July 31 stating that Hemp has not been planted at that site.

(d) A Licensed Producer shall submit to the Agricultural Division a Post-Harvest Report by December 15 of each crop year after harvest of any Hemp produced pursuant to a Production Licensing Agreement.

(e) Each Post-Harvest Report shall include:

(1) A statement of actual or intended use or sale of Hemp produced; and

(2) Identification of Pesticide used in production; and

(3) The number of Hemp plants produced; and

(4) Any other information required by the Agricultural Division or Director consistent with the requirements of this ordinance.

(f) Licensed Producers shall submit acreage reports to the USDA Farm Service Agency. A link to information on how to report crop acreage is available at: https://www.fsa.usda.gov/Assets/USDA-FSA-Public/usdafiles/FactSheets/2019/crop-acreage-reporting-19.pdf. In addition, Licensed Producers shall provide the following information:

(1) Street address and, to the extent practicable, geospatial location for each lot or greenhouse where hemp will be produced. If an applicant operates in more than one location, or is producing under multiple licenses, production information shall be provided for each location.

(2) Acreage dedicated to the production of hemp, or greenhouse or indoor square footage dedicated to the production of hemp.

(3) License or authorization identifier in a format prescribed by USDA.

(g) A Licensed Processor shall submit to the Agricultural Division a Processor Report by December 15 of each year that shall include:

(1) Identification of all sources of Hemp used in processing (including, but not limited to, Hemp received from Licensed Producers); and

(2) The Licensed Processor's intended markets for all Hemp processed under the license.

(h) The Agricultural Division shall prepare a monthly Licensed Producer hemp disposal report for the U.S. Department of Agriculture pursuant to the requirements of Section CSV.8.11.010(d) of this ordinance

(i) A Licensed Producer or Licensed Processor shall submit to the Agricultural Division any other report required by the Agricultural Division necessary to fulfill the requirements of this ordinance.

CSV.8.5.040 Review of Decisions

(a) A person or entity aggrieved by a decision of the Agricultural Division to deny, suspend, or revoke any license authorized by this ordinance may seek the Tribal Court's review of such decision by filing a written petition for review with the Tribal Court within thirty (30) calendar days of service of the written notice of decision. If a petition for review is not filed within such time, the Agricultural Division's decision shall be final.

(b) Following review and consideration of the petition for review, the Tribal Court may overturn the decision of the Agricultural Division, subject to such conditions as it deems reasonable under the circumstances to protect the public health, safety, and welfare of the Tribe and its members, or the Tribal Court may affirm the decision of the Agricultural Division. The decision of the Tribal Court may be subject to further judicial review pursuant to Chapter TCT.3 – Appellate Code.

Subchapter CSV.8.6 Sampling, Testing and Inspections

CSV.8.6.010 Procedures for Sampling and Testing

The following procedures shall apply to sampling and testing of Cannabis sativa L. within the jurisdiction of the Tribe:

(a) All sampling and testing of Cannabis sativa L. shall comply with this section.

(b) All Licensed Producers or Licensed Processors are subject to sampling and testing of all Hemp produced, in accordance with Section CSV.8.6.010(e) to verify that the total Delta-9-THC concentration of the Cannabis sativa L. plant within a lot does not exceed .3% on a dry weight basis.

(c) In addition to any routine sampling, the Agricultural Division shall designate the person to take samples from any lot during normal business hours without advance notice to the Licensee if the Agricultural Division has reason to believe a violation of this ordinance may be occurring or has occurred.

(d) All Licensed Producers shall be subject to mandatory sampling and testing of any Cannabis sativa L. prior to harvest. The procedures for sampling shall be as follows:

(1) Licensed Producers shall contact the Agricultural Division to arrange for a date and time for sampling of the Hemp produced on the Lot at least thirty (30) days prior to harvest;

(2) Sampling must occur within thirty (30) days prior to harvest of any Cannabis sativa L.;

(3) The Agricultural Division shall have unrestricted access to the lot;

(4) A person designated by the Agricultural Division, who has received USDA training, shall collect a representative sample of Cannabis sativa L. flower material from the Registered Land Area that represents a homogeneous composition of the lot and transport it to an independent DEA certified laboratory or other laboratory allowable under federal law and approved by the Agricultural Division;

(5) Current Licensed Producers may not act as sampling agents and may not collect their own samples.

(6) Sampling techniques shall ensure that a representative sample of flower material is collected representing a homogenous composition of the lot;

(7) The sampling agent shall visually estimate the average height, appearance, approximate density, conditions of the plants, and the degree of maturity of the inflorescence;

(8) Samples from flowering tops of plants shall be approximately five to eight inches in length from the main stem, which includes the leaves and flowers, terminal bud that occurs at the end of the stem, or the central cola;

(9) The Agricultural Division sampling procedures ensure, with a 95% level of confidence, that no more than 1% of the Cannabis sativa L. sampled from the Registered Land Area will fail to meet the definition of Hemp under this ordinance;

(10) The number of plants sampled shall be based on the size of the growing area of the lot as follows;

(A) Lots of less than acre, including greenhouses, a minimum of one plant shall be used to form a sample;

(B) For lots one acre to ten acres, including greenhouses, the number of samples is one sample per acre; and

(C) Any lot larger than ten acres, including greenhouses, shall follow the Sampling Guidelines for Hemp as explained in section 7 of the Sampling Guidelines for Hemp, found at: https://www.ams.usda.gov/sites/default/files/media/SamplingGuidelinesforHemp.pdf.

(11) During a scheduled sample collection, the Licensed Producer or their authorized representative shall be present during the sampling;

(12) Samples of plant material from one strain shall not be commingled with plant material from any other strain; and,

(13) A Licensed Producer shall not harvest the Cannabis sativa L. on the Registered Land Area prior to sampling.

(14) Samples shall be obtained from the flowering tops of plants when flowering tops are present, and shall be approximately five to eight inches in length from the main stem, terminal bud, or central cola of the flowering top of the plant.

(e) The procedures for testing Cannabis sativa L. shall be as follows:

(1) Analytical testing for total Delta-9-THC concentration levels will use postdecarboxylation as approved by the USDA;

(2) The total Delta-9-THC concentration level shall be determined and reported on a dry weight basis;

(3) Testing will be performed by an independent DEA certified laboratory or other laboratory allowable under federal law and approved by the Agricultural Division. Testing methodology shall include gas or liquid chromatography with detection. All test results must include total THC (THC-A + Delta-9-THC) or the calculation to determine total THC. The Agricultural Division is responsible for ensuring that the laboratory's standards of performance for detecting total Delta-9-THC concentration levels, including the conversion of THCA to THC, are consistent with 7 C.F.R. § 990.25; and the following standards, to the satisfaction of the Agricultural Division:

(A) Laboratory quality assurance must ensure the validity and reliability of test results;

(B) Analytical method selection, validation, and verification must ensure that the testing method used is appropriate (fit for purpose) and that the laboratory can successfully perform the testing;

(D) Laboratory measurement of uncertainty must be estimated and reported with Test Result Reports. Laboratories shall use appropriate, validated methods and procedures for all testing activities, and shall evaluate and report to the Agricultural Division their measurement of uncertainty in test results.

(4) Laboratory testing must result in production of a Test Result Report consistent with the requirements of this ordinance; and,

(5) All test results shall be reported to both the Agricultural Division, the Licensee, and directly to the USDA through the online HeMP Platform.

(6) All test results shall be reported directly to the USDA through the online HeMP platform.

(f) Any test of a representative sample of Cannabis sativa L. under this subchapter that fails to meet the definition of Hemp shall be evidence that the lot represented by the sample is not in compliance with this ordinance and shall be disposed of in accordance with the provisions of Subchapter CSV.8.7 of this ordinance.

(g) Licensees shall be responsible for fees associated with sampling and testing, including lab fees. The Agricultural Division may charge a reasonable hourly fee for any individual(s) designated by the Agricultural Division to conduct the sampling, for actual drive time, mileage, inspection sampling time and any other administrative costs. All fees shall be paid within thirty (30) days of any invoice received from the Agricultural Division.

(h) Nothing in this section shall prevent a Licensee from voluntarily collecting samples and testing Hemp for quality assurance and research and development purposes.

(i) A Licensee may apply to the Agricultural Division for retesting and/or resampling of any non-compliant Cannabis sativa L., provided the lots of hemp have not been harvested, no later than five (5) days from notification of test results Hemp which may be approved or denied at the Agricultural Division's sole discretion.

CSV.8.6.020 Inspections

(a) The Agricultural Division shall have the authority to conduct random inspections of a lot site to verify compliance with all requirements of the license issued and this Ordinance. Inspections may include sample collection by the Agricultural Division, with any designated law enforcement agent from the Police Department, to verify compliance with this Ordinance.

(b) The inspections shall be selected at random among all licensees annually, selection method and sampling times are to be determined by the Agricultural Division.

(c) Inspection visits may be conducted at any time by the Agricultural Division during regular business hours or outside of regular business hours, without advance notice, if the Agricultural Division has reason to believe a violation of this ordinance may be occurring or has occurred. The Agricultural Division and its designee, as well any designated law enforcement agent from the Tribal Law Enforcement, shall be granted unrestricted access to the lot and unrestricted access to all plants, parts, and seeds within the lot, whether growing or harvested, and all land, buildings, and other structures used for the production of hemp, and all documents and records pertaining to the Licensee's Hemp business.

(d) Licensees selected for an inspection shall be responsible for fees associated with the inspection. The Agricultural Division may charge a reasonable hourly fee for any inspector(s) designated by the Agricultural Division, actual drive time, mileage, time and any other administrative costs. All fees shall be paid within thirty (30) days of any invoice received from the Agricultural Division.

(e) All samples collected by the Agricultural Division shall become the property of the Tribe and no compensation shall be owed by the Tribe for such samples.

(f) The Tribe shall keep test results for all hemp tested for a minimum of three (3) years.

(g) If a crop is determined to contain a tetrahydrocannabinol (THC) concentration exceeding the acceptable hemp THC level, or if the Agricultural Division, with the required aid of the tribally designated law enforcement agent from the Police Department, may seize, detain, or dispose of the crop pursuant to Subchapter CSV.8.7 of this Ordinance.

(h) If any other cannabis is located, either within or outside of the lot, and is determined by the Agricultural Division to be non-compliant with this Ordinance, proper disposal methods will be followed pursuant to Subchapter CSV.8.7 of this Ordinance.

Subchapter CSV.8.7 Disposal of Non-Compliant Hemp

CSV.8.7.010 Procedures for Disposal of Non-Compliant Hemp

(a) Any Cannabis sativa L. that is required by the Agricultural Division to be destroyed pursuant to the provisions of this ordinance shall be destroyed under the supervision of the Agricultural Division.

(b) Non-complaint hemp that tests higher than the acceptable THC level, constitutes marijuana, which is a schedule I controlled substance under the Controlled Substances Act 21 U.S.C § 801 et. seq.

(c) If Cannabis sativa L.in a Registered Land Area is determined by the Agricultural Division to have total Delta-9-THC concentration of greater than .3% on a dry weight basis, the Cannabis sativa L. shall be promptly disposed of and destroyed..

(d) The following procedures shall be used in disposal and destruction::

(1) The Licensee will be promptly notified;

(2) The U.S. Department of Agriculture will be promptly notified;

(3) The Cannabis sativa L. from this Registered Land Area may not be further handled, processed or enter the stream of commerce;

(4) No later than thirty (30) days from the Agricultural Division's determination, all Cannabis sativa L. will be disposed of on-site in a manner approved of and verified by the Agricultural Division and in accordance with applicable federal law and regulations;

(5) The Agricultural Division and/or Tribal Law Enforcement shall be present for the on-site disposal;

(6) The Licensee shall be present and/or observe the handling of the Cannabis sativa L. during the disposal until it is rendered non-retrievable. The disposal shall be conducted by a person or entity authorized by the Agricultural Division;

(7) The Licensees shall notify the Agricultural Division of the method of disposal,, the completion date, and the total acreage destroyed.

(8) All other Cannabis sativa L. must be destroyed on the Registered Land Area in a manner approved of and verified by the Agricultural Division and the USDA.

(e) The Agricultural Division shall have the authority to require any other procedures required by 21 C.F.R. § 1317.15(c)(3).

(f) The Licensee shall be responsible for the cost of crop destruction.

(g) Upon disposal of any Cannabis sativa L. under this provision, the Agricultural Division shall prepare written certification of the crop destruction/disposition, give a copy of the certification to the Licensee and applicable law enforcement agencies, and shall maintain records of the destruction/disposition for a minimum of three (3) calendar years.

(h) The Agricultural Division will prepare a hemp disposal report for the U.S. Department of Agriculture pursuant to the requirements of Section CSV.8.11.010(d) of this ordinance, 7 C.F.R. § 990.71, and submit via the HeMP online system.

Subchapter CSV.8.8 Enforcement

CSV.8.8.010 Prohibited Acts

The following is a non-exclusive list of prohibited activities:

(a) A person who does not hold a Production Licensing Agreement from the Agricultural Division shall not process Hemp at any lot within the jurisdiction of the Tribe.

(b) A Licensed Processor shall not produce Hemp on any lot within the jurisdiction of the Tribe.

(d) No person may produce, possess, process, transport, or assist in the cultivation, processing or transport of any Cannabis sativa L. with a total Delta-9-THC concentration in excess of three-tenths of one percent (0.3 %) on a dry weight basis.

CSV.8.8.020 Negligent Violations and Corrective Action Plans

(a) A person who is found by the Agricultural Division to have negligently violated this ordinance may be subject to a corrective action plan.

(b) The following actions shall be deemed negligent violations of this ordinance, including without limitation:

(1) Failing to provide a legal description of land on which Hemp is produced or processed;

(2) Failing to obtain a license from the Agricultural Division for producing or processing Hemp; and/or,

(3) Producing Hemp or Cannabis sativa L. with a total Delta-9-THC concentration of more than 0.3 percent on a dry weight basis, if the Licensee has made reasonable efforts to produce hemp in compliance with this ordinance.

(4) Refusal or failure by a person or Licensee to fully cooperate and assist the Agricultural Division in carrying out the requirements of this ordinance; or

(5) Failure to provide information required by the Agricultural Division; or

(6) Anyone who intentionally and materially falsifies or provides false, misleading, or incorrect information or statements to the Agricultural Division. (such individuals or entities shall automatically be deemed ineligible to produce or process industrial hemp in accordance with this Ordinance and 7 CFR Part 990.6(f)); or

(7) Failure to submit required reports or pay fees.

(c) Corrective action plans may be issued by the Agricultural Division and shall include, at a minimum, the following information:

(1) Corrective measures required by the Agricultural Division consistent with this ordinance; and

(2) A reasonable date by which the person shall correct his or her violation; and

(3) A requirement for periodic reports to the Agricultural Division from the person on implementation of measures necessary to comply with the ordinance and their corrective action plan for a period of at least two (2) calendar years from the date of the corrective action plan.

(d) The Agricultural Division shall conduct an inspection to determine if the corrective action plan has been implemented as submitted.

(e) A person who is found by the Agricultural Division to have negligently violated a plan established pursuant this ordinance three (3) times in a five (5) year period shall be prohibited from engaging in any conduct authorized pursuant to this ordinance for a period of five (5) years from the date of the third violation.

CSV.8.8.030 Culpable Violations

(a) If the Agricultural Division determines that a person has violated this ordinance, terms of licensure, or any Tribal, State, or Federal law or regulation governing the licensee's activities with a culpable mental state greater than negligence, the Agricultural Division shall immediately report them to:

(1) The Tribal Attorney General;

(2) The State of Wisconsin Attorney General; and/or

(3) The U.S. Attorney General.

CSV.8.8.040 Penalties

(a) The Agricultural Division may deny, revoke, or suspend any license if a Licensed Producer or Licensed Processor:

(1) Violates any provision of this ordinance; or

(2) Engages in fraud or deception of procurement or attempted procurement of a license under this ordinance; or

(3) Fails to comply with any order or directive of the Agricultural Division issued pursuant to this ordinance.

(b) The Agricultural Division may impose a civil penalty not to exceed five-thousand dollars ($5000) per violation on any person or entity who violates this ordinance or any lawful order of the Agricultural Division.

(c) No criminal penalties shall be authorized for violation of any provision of this ordinance, except as established in Section CSV.8.8.030(f) of this ordinance. This ordinance shall not impact any other provision of applicable Tribal law.

(d) The Agricultural Division shall not impose any penalty against a person alleged to have violated this ordinance until the Agricultural Division has notified the person of the charge in writing and has given the person an opportunity to seek review of the Agricultural Division's decision pursuant to Section CSV.8.4.030 of this ordinance.

(e) If a person's, or an entity's license is denied, suspended, revoked, or voluntarily relinquished for a violation of this ordinance, the Agricultural Division may deny a new application for registration for that person or entity for up to two years generally, or up to five years (in instances where 3 negligent violations occur within 5 years) after the effective date of the suspension, revocation, or relinquishment.

(f) The Agricultural Division is hereby authorized to enforce any penalty authorized under this ordinance in Tribal Court.

Subchapter CSV.8.9 Seed or Propagule Acquisition

CSV.8.9.010 Seed or Propagule Acquisition

(a) All Hemp Seed or Propagules produced on lots within the jurisdiction of the Tribe shall be obtained from the following sources:

(1) Sellers or distributors of Seed approved by a certified Seed program of a state, Federally Recognized American Indian Tribe, or the U.S. Department of Agriculture;

(2) Other domestic sources approved by the Agricultural Division in writing for research purposes and/or commercial development; and,

(3) Other international sources consistent with U.S. Department of Agriculture requirements.

(b) A person shall not acquire or produce Hemp or Cannabis sativa L. seeds or Propagules of wild, landrace, or unknown origin without first obtaining written approval from the Agricultural Division.

Subchapter CSV.8.10 Transportation

CSV.8.10.010 Transportation

(a) The Licensee must ensure that during the transportation of Hemp, that is not a Publicly Marketable Hemp Product on lands subject to the jurisdiction of the Tribe, that a copy of the Production License and/or Processor License accompanies the Hemp at all times during transport.

(b) Nothing in this ordinance shall prohibit the interstate commerce of Hemp. Neither a Law Enforcement Agency nor the Agricultural Division may prohibit the transportation or shipment of Hemp produced in accordance with Section 10113 of the 2018 Farm Bill or with section 7606 of the 2014 Farm Bill through lands subject to the jurisdiction of the Tribe.

Subchapter CSV.8.11 Information Sharing

CSV.8.11.010 Information Sharing

(a) The Agricultural Division is authorized and directed to share information regarding Production Licensing Agreements/Processor Licensing Agreements (including changes thereto), Registered Land Areas, corrective action plans, and enforcement actions under this ordinance with the U.S. Department of Agriculture and the USDA Farm Service Agency.

(b) Pursuant to the reporting requirements of 7 C.F.R. § 990.3(a) and § 990.70(a), the Agricultural Division will submit to the U.S. Department of Agriculture by the first of each month:

(1) For each new Licensed Producer, the full name of the person, or the full name, title, and email address of each person required to submit to a criminal background check for the entity (if applicable), the license or registration number, EIN number, address, telephone number, and email address (if available);

(2) For each Licensed Producer, the status of the Licensed Producer's activities under the license;

(3) Identification of the period covered by the report;

(4) Previously-reported information, and,

(5) Indication that there were no changes during the current reporting cycle, or any new information since the previous submitted report, as applicable.

(c) Pursuant to the reporting requirements of 7 C.F.R. § 990.70(c), the Agricultural Division will submit to the U.S. Department of Agriculture an annual report by December 15 of each year that will contain the following information:

(1) Total planted acreage;

(2) Total harvested acreage;

(3) Total acreage disposed; and,

(4) Any Test Result Reports available for Licensed Producers.

(d) Pursuant to the reporting requirements of 7. C.F.R. § 990.70(b), the Agricultural Division will submit to the U.S. Department of Agriculture a Hemp disposal report if a Licensed Producer has produced Cannabis sativa L. that does not meet the definition of Hemp. The disposal report will be prepared by the first of month and shall include:

(1) Name and address of Licensed Producer;

(2) License number;

(3) Identification of lot including total acreage;

(4) If required, information regarding disposal agent, and date of destruction of non- compliant Cannabis Sativa L.

(5) Disposal completion date.