a. "Conservation Committee" shall mean a nine (9) member committee constituted as set forth in Section 12.01 which shall have authority and responsibility for regulation of all matters pertaining to hunting, trapping and fishing.

b. "Bay Mills Indian Community" shall mean all territory within the original confines of the Bay Mills Reservation purchased under the Act of June 19, 1860 (12 Stat. 58), and to such other land within or without said boundary line as may be added thereto.

c. "Executive Council" shall be the duly constituted Executive Council of the Bay Mills Indian Community.

d. "Special Permit" shall mean a card issued by the Conservation Committee exempting the recipient from one or more of the regulations contained herein, upon a finding by the Committee that granting the exemption will not endanger the resource.

e. "Ceded Territory" shall mean the land and water ceded by the Treaty of March 28, 1836 (7 Stat. 491), generally described as: "Beginning at the mouth of Grand river of Lake Michigan on the north bank thereof, and following up the same to the line called for, in the first article of the treaty of Chicago of the 29th of August 1821, thence, in a direct line, to the head of Thunder-bay river, thence with the line established by the treaty of Saganaw of the 24th of September 1819, to the mouth of said river, thence northeast to the boundary line in Lake Huron between the United States and the British province of Upper Canada, thence northwestwardly, following the said line, as established by the commissioners acting under the treaty of Ghent, through the straits, and river St Mary's, to a point in Lake Superior north of the mouth of Gitchy Seebing, or Chocolate river, thence south to the mouth of said river and up its channel to the head of the Skonawba river of Green Bay, thence down the south bank of said river to its mouth, thence in a direct line, through the ship channel into Green bay, to the outer part thereof, thence south to a point in Lake Michigan west of the north cape, or entrance of Grand river, and thence east to the point of beginning, at the cape aforesaid, comprehending all the lands and islands within these limits, not hereinafter reserved."

f. "Exclusive Territory" shall mean the lands of the Bay Mills Reservation and the waters of Lake Superior specifically reserved for fishing by members of the Bay Mills Indian Community in Article 3 of the Treaty of March 28, 1836 (7 Stat. 491).

g. "Authorized Enforcement Personnel" shall mean federal enforcement agents and tribal law enforcement personnel. State game wardens may only check for permits within the Ceded Territory.

h. "Member" shall mean those persons listed on the Current Membership Roll as provided in Article III, Section 4 of the Constitution and Bylaws of the Bay Mills Indian Community, as amended.

a. Issuance of Fishing Identification Licenses, Commercial Fishing Licenses, Hunting Identification Licenses, Special Permits, or any other license or permit authorized by these regulations.

b. Setting of seasons where none are specifically provided, closing or shortening seasons when necessary for the preservation of the resource, or extending or opening seasons when it is determined that it will not harm the resource.

c. Setting limits on the manner or amount of taking any fish or game when necessary for the conservation of the resource, and altering limits specifically provided by these regulations.

d. Reviewing on an annual basis or more frequently the numbers of each type of Permit or License outstanding, with particular emphasis on an Commercial Licenses or Special Permits which may be outstanding, to determine whether or not it is in the best interests of conservation to continue such permits.

e. Keeping and maintaining an up-to-date and accurate list of all persons to whom each type of permit has been issued.

f. Establishing regulations concerning methods of harvesting natural resources.

g. Developing such information as the Committee may determine appropriate concerning member harvest of natural resources, including the imposition of reporting requirements for permit and license holders.

b. Removal from Committee. In the event that a charge of bias, malfeasance or failure to attend to the duties of the Committee is brought against a member of the Conservation Committee, such charge shall be investigated by the Executive Council. If it shall find the charges to be based on fact for which the Committee member has no valid excuse, the Executive Council shall remove the member from the Committee and shall fill the vacancy so created pursuant to the above subsection.

c. Failure to Attend Meetings. If any member shall fail to attend three (3) consecutive regularly scheduled meetings of the Conservation Committee, that member shall automatically be removed from the Committee, and his seat shall be declared vacant and shall be filled by the Executive Council pursuant to subsection (a).

d. Qualifications for Committee Membership. Any member of the Bay Mills Indian Community is eligible for election to the Conservation Committee who has attained the age of 18 years by the date of the election. Judges of the Tribal Court or of the Chippewa-Ottawa Conservation Court, tribal, state and federal conservation wardens, and members of the Executive Council shall not serve as members of the Conservation Committee.

a. Allowing any other person to make use of the license, regardless of whether or not such person would qualify to receive such a license.

b. Taking, assisting in taking, possessing or transporting any game prohibited in Section 33.02(b) or any game or fish which have been determined rare or endangered by the Conservation Committee.

c. Wanton destruction or waste of the game or fish of any area to which this Code pertains.

d. Exceeding established limits, using prohibited means or equipment, or fishing, hunting or trapping outside of established seasons.

e. Fraud in the procurement of any license or the alteration or attempted alteration of any license.

f. Carrying a firearm in any vehicle, including snowmobile, unless it is unloaded in both chamber and magazine and contained in a gun case or broken down or unless unloaded in both chamber and magazine and contained in the trunk of the car with the trunk lid closed.

g. Hunting from a snowmobile or chasing game with a snowmobile.

h. Hunting of game animals with artificial lights.

i. Refusal to display the proper permit or license upon request of any member of the Conservation Committee or authorized law enforcement personnel.

j. Any other violation of the regulations contained in this ordinance.

a. "Fishing Identification Permit" shall mean a card issued by the Conservation Committee to a member of the Bay Mills Indian Community which permit authorizes him to fish in accordance with the provisions of this Code.

b. "Commercial Fishing Permit" shall mean a card issued by the Conservation Committee to a member of the Bay Mills Indian Community -under the provisions of Section 24.01 of this Code.

c. "Commercial purposes" shall mean the taking of fish for barter or sale.

d. "Personal use" shall mean the taking of fish for any purpose other than commercial purposes.

e. "Rough fish" shall include carp, bullheads, perch, suckers, burbot and coho.

a. No fish may be taken by means of explosives, drugs, poisons, lime, medicated bait, or other deleterious substance.

b. Seines, traps, and gillnets may be used, with a Special Permit from the Conservation Committee.

a. Herring, lake trout, ciscoes, chubs, alewives, whitefish, Menominee whitefish, smelt, splake, sturgeon and rough fish may be taken from Lake Superior, Lake Michigan and Lake Huron for commercial purposes.

b. No fish may be taken from Lake Superior, Lake Michigan or Lake Huron by means outlawed in Section 23.02 (a).

c. Seasons shall be as determined by the Conservation Committee.

d. The Conservation Committee shall issue Commercial Fishing Permits annually.

e. The Conservation Committee shall determine regulations governing the time of fishing, identification of nets, and other regulations necessary to ensure orderly and safe commercial fishing.

a. All fish taken under a valid Commercial Fishing Permit may be possessed in any quantity, bought, sold or transported during any open season and for seven (7) days thereafter. Such fish may be frozen or cured during open season, and when so processed may be transported, bought and/or sold at any time.

a. Lights. Affixed to the vessel shall be an all-around light and a bow-placed dual light which has a red beam on the port side and a green beam on the starboard side, each of which are of sufficient intensity to be visible at a minimum range of two (2) miles.

b. Visual distress signals. The vessel shall carry:

c. Personal flotation devices. The vessel shall carry:

d. Survival craft. Any vessel which carries four (4) or more persons shall contain a buoyant apparatus, or shall, when underway, maintain an auxiliary fishing craft which is an integral and necessary element of the vessels normal fishing operation, each of which is capable of carrying all persons on board the vessel.

a. Fire extinguisher. One (1) B-II or two (2) B-I hand portable fire extinguishers.

b. Radio. An electronic device capable of contacting other vessels or law enforcement agencies for emergency purposes.

c. Horn or whistle. A foghorn or whistle of sufficient volume to ensure audibility within one (1) nautical mile of the vessel.

d. Ring life buoy. A ring life buoy at least 24 inches in size, with 60 feet of line attached in place of the smaller ring life buoy required in sec. 25.01(c) (1).

a. Machinery space fire extinguisher. One (1) B-I or B-II hand portable fire extinguisher mounted in a bracket in the machinery space area of the vessel.

b. Lights. A white light shall be affixed to the mast of the vessel, as well as a red-beamed side light on the port side and a green-beamed side light on the starboard side of the vessel. All lights shall be visible at a minimum range of two (2) miles.

a. Termination of voyage. A vessel which does not carry any one of the required safety equipment items listed in Sec. 25.01 may, at the discretion of the enforcement officer, be directed to shore and no person may thereafter operate the vessel for any other purpose but to attain landing.

b. Civil remedial penalties. The owner of a vessel shall be cited for any violation of this section, and may be subject to a civil remedial money penalty for each violation of not more than $250.

c. Vessel use restriction. No vessel may be utilized for commercial fishing which has been found to violate this section until its owner provides documentation to the Court that the violation has been remedied through the acquisition of the lacking equipment.

a. "Hunting Identification Permit shall mean a card issued by the Conservation Committee to a member of the Bay Mills Indian Community, which permit authorizes him or her to hunt and trap in accordance with the provisions of this Code.

b. "Big game" shall mean deer, bear, elk and moose.

c. "Commercial taking" shall mean the taking of big game, small game or furbearing animals for the purpose of barter or sale of furs, pelts, hides or the flesh of such animals.

d. "Furbearing animals" shall mean the following species for which there may be a trapping season: beaver, mink, muskrat, otter, raccoon, bobcat, coyote, red fox, gray fox, fisher, marten, lynx, badger, snowshoe hare, cottontail rabbit.

e. "Migratory birds" shall have the meaning set forth in the regulations promulgated pursuant to the Migratory Bird Treaty Act at 50 C.F.R. Part 20.

f. "Motor vehicles" shall mean self-propelled motor driven vehicles.

g. "Small game" shall mean the following species for which there may be a hunting season: beaver, bobcat, coyote, raccoon, red fox, gray fox, bobwhite quail, cottontail rabbit, Hungarian partridge, ring-necked pheasant, red squirrel, gray squirrel, fox squirrel, ruffed grouse, sharp-tailed grouse, snowshoe hare, lynx and wild turkey.

h. "Unprotected species" shall mean those species not listed under big game, furbearing animals, migratory birds, or small game in this section.

a. Species which may be taken with permit. Possession of a valid Hunting Identification Permit shall be required for the taking, possession or transportation of bear, beaver, deer, elk, moose, cottontail rabbit, mink, muskrat, otter, marten, ruffed grouse, sharptail grouse, ring-necked pheasant, wild turkey, bobwhite quail, gray, red, and fox squirrel, raccoon, bobcat, coyote, red fox, gray fox, snowshoe hare, lynx, badger, fisher, Hungarian partridge, and all birds protected by federal law.

b. Prohibited species. There shall be no taking, possession or transportation whatsoever of bald eagle, golden eagle, timber wolf or any species determined to be rare or endangered by the Conservation Committee.

c. Eagle part possession authorized. There shall be no penalty for the possession of an eagle, eagle wings, feathers, claws and other parts for religious and ceremonial use.

d. Permit not required for certain species. No permit or permits shall be required for the taking, possession or transportation of any small game, big game or furbearing animal which is not listed in Section 33.02(a) or (b).

a. General regulations. No member shall hunt or trap small game off-Reservation in the ceded territory during closed season, which begins and ends in accordance with the hunting hours prescribed in Section 33.09.

b. Registration of otter and bobcat. A member killing an otter or bobcat under this Code shall notify the Conservation Department of the killing no later than seven (7) days after killing, if the animal was hunted, or after retrieval, if the animal was trapped. The member shall present the animal for registration within the specified time period, and the following procedure shall be followed:

c. Seasons. The seasons for hunting small game shall be established by the Conservation Committee.

d. Migratory birds. The taking of migratory birds shall be subject to the provisions of the Migratory Bird Treaty Act, 16 U.S.C. Secs. 703 to 711, and regulations promulgated pursuant thereto set forth at 50 C.F.R. Part 20.

a. Deer, Moose and Elk. The season for taking deer shall be from August 1 to and including January 1. The seasons for taking moose and elk shall be established by the Conservation Committee.

b. Bear. The season for taking bear shall be April 1 to June 30 and from September 1 to and including November 30.

(1) Prohibited Methods. It shall be unlawful to hunt bear with the aid of any snare, setgun, or swivel gun, or to take bear with the use of drugs, medicated bait, poison, or other deleterious substances.

(2) General Restrictions. The restrictions on the manner of taking deer, moose and elk, set forth in Sections 33.04(a) (1) and (2) shall apply to the taking of bear.

(3) Denned Bear. It shall be unlawful to take or molest any bear in its den.

(4) Cubs. It shall be unlawful to shoot, shoot at, or kill any cub or any adult bear accompanied by a cub or cubs. "Cub" means a bear less than one (1) year of age.

(5) Bait. All bait must be placed on the ground, and shall not contain any plastic, wood product, paper, glass or metal. No bait container shall be left within 100 yards of a bait site, and no bait shall be contained in metal, plastic, wood, glass, fabric, cloth, or paper at a bait site.

(6) Firearm Restrictions. It shall be unlawful to take bear with a rifle or firearm which discharges a projectile, the diameter of which is less than twenty-three hundredths of an inch, or to use any cartridge less than one and three-fourths inches in length, and not containing a soft point or expanding bullet, the measurement to include the cartridge or shell and the bullet seated in the usual manner, provided that shells containing buckshot and cartridges of 22 magnum caliber or larger may be used, regardless of length.

(7) Nothing in this section shall prohibit the taking of any bear which poses an immediate threat to human safety, to livestock, or to personal property.

a. Seasons. The season for the trapping of fur bearing animals shall be established by the Conservation Committee.

b. Trap identification. Traps used shall bear the identification number of the permittee's Hunting Identification Permit.

c. Shipment. When shipping furs taken under a Hunting Identification Permit, the parcel must be plainly marked on the outside stating the name, address, and permit number of the shipper and the number and kind of skins contained in the package. The waybill or receipt issued by any common carrier to a shipper shall specify the number and species of furs so shipped.

d. Personal use. Hides or pelts adapted to personal use need not carry the permit number of the taker once the adaptation is completed.

e. Trapping regulations. The following restrictions apply to member trapping activities:

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

(B) Within 3 feet of any woven or welded wire mesh type fence; and

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

f. Snaring regulations. The following restrictions apply to member snaring activities, in addition to those contained in subsection (3) (1) - (3), above:

a. Animal Harassment. There shall be no hunting, harassment or molesting of any animal from moving motor vehicles, including snowmobiles.

b. Hunting near Residences. There shall be no hunting within 150 yards of any public campground during the season within which it is open for public use, or within 500 yards of any occupied dwelling.

c. Hunting near Roadways. There shall be no firing down or across any public road.

d. Hunting under Influence. No member shall hunt with a firearm, bow or crossbow while under the influence of an intoxicant or controlled substanceto a degree that the member is incapable of safely using such weapon

e. Artificial Light. No member shall use an artificial light for shining wild animals while hunting or in possession of a firearm, bow and arrow or crossbow. It is not a violation of this section to utilize an artificial light during open season for the following species: at the point of kill for the purpose of taking raccoon when treed; when hunting on foot with dogs for opossum and fox; and when using a game or predator call to take fox.

f. Firearm Restrictions. In addition to the firearm restrictions for deer [Sec. 33.04(a) (2)] and bear [Sec.33.04(b) (6)], no member shall use or have in possession while in an area frequented by animals a semiautomatic shotgun or rifle other than .22 caliber rimfire, capable of holding more than six (6) shells at one time in the magazine and barrel combined, or a firearm capable of firing more than one shot with a single pull or activation of the trigger.

g. Hunting from Vehicles and Snowmobiles. No member shall carry a firearm in any vehicle, including a snowmobile, unless it is unloaded in both chamber and magazine and contained in a gun case or broken down or unless unloaded in both chamber and magazine and contained in the trunk of the car with the trunk lid closed.