1. Provide an orderly and effective system for tribal control and regulation of treaty-reserved gathering activities applicable to National Forests located in the ceded territory.

2. Supplement the Tribal Conservation Code for the purposes of regulating the exercise of treaty-reserved off-reservation gathering rights applicable to National Forests located in the ceded territory.

3. Implement the provisions of the Memorandum of Understanding (MOU) regarding the Recognition and Implementation of Tribal Ceded Territory Rights Guaranteed by the Treaties of 1836, 1837, and 1842, as it may from time to time be amended, which has been ratified by the Tribe and which is incorporated by reference herein as if set forth in its entirety.

1. Shall be interpreted and applied as minimum requirements governing the exercise of treaty-reserved gathering rights applicable to National Forests located in the ceded territory;

2. Shall be liberally construed in favor of the tribe;

3. Shall be construed consistent with the purposes and provisions of the MOU, as it may from time to time be amended, the terms of which are incorporated by reference herein as if set forth in its entirety;

4. Shall not be deemed a limitation or repeal of any other tribal power or authority.

1. All other Code and resolutions that solely govern treaty-reserved ceded territory gathering rights applicable to National Forests located in the ceded territory are hereby repealed.

2(a). This Code is not intended to repeal or replace any provision of the Tribe's Conservation Code. It is intended to supplement that Code for the purposes of authorizing or governing the exercise of treaty-reserved wild plant gathering rights applicable to National Forests. It is not intended to apply to the exercise of any other treaty-reserved ceded territory right that is authorized or governed by the Tribe's Conservation Code.

(b) Unless otherwise specifically indicated in this Code, it is the intent of this Code that the provisions of the Tribe's Conservation Code that generally govern the conduct of tribal members exercising treaty rights applicable in the ceded territory shall apply to tribal members exercising treaty-reserved off-reservation gathering rights applicable to National Forests pursuant to this ordinance. Such provisions of the Tribe's Conservation Code are hereby declared and shall be construed to govern tribal members engaged in the exercise of treaty-reserved gathering rights applicable to National Forests.

1. Nothing in this Code shall prohibit the harvest or use of natural resources in a manner otherwise prohibited by this ordinance which is harvested, taken or otherwise obtained in a National Forest 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 Tribe's governing body, or its designee.

2. In reviewing and taking action on any request for religious or ceremonial harvest, the Tribe's governing body, or its designee, shall take into account the biological impact of the harvest, shall ensure that the harvest takes place in a manner that does not cause biological harm, and shall consult with the local National Forest District Office if the requested gathering is to take place in a National Forest Research Natural Area (See Section 3.06(1)).

3. No member shall fail to comply with the terms and conditions of any permit issued pursuant to this section or to otherwise comply with the requirements imposed by the Tribe's regarding religious or ceremonial harvest of wild plants in National Forests in the ceded territory.

a. "Ceded Territory" means those off-reservation lands ceded by the Tribe or another signatory tribe to the United States of America in the Treaty of 1836, 7 Stat. 491, the Treaty of 1837, 7 Stat. 536, or the Treaty of 1842, 7 Stat. 591.

b. "Forest Service" means the United States Department of Agriculture, Forest Service.

c. "Gather" or "Gathering" means to take or acquire or attempt to take or acquire possession of any wild plant, or part thereof.

d. "Forest Service Salvage Timber Stand" means any stand of trees where the Forest Service has notified the Tribe of the decision to solicit bids for a Forest Service salvage timber sale contract.

e. "National Forest" means those lands located within the ceded territory owned by the United States of America and part of the Chequamegon-Nicolet National Forest, the Hiawatha National Forest, the Huron-Manistee National Forest, or the Ottawa National Forest.

f. "Salvage Timber" means any tree in a Forest Service salvage timber stand, whether alive, dead, down or standing, having a diameter of four inches or greater.

g. "Signatory Tribe" means an Indian Tribe which is a signatory to the Treaty of 1836, 7 Stat. 491, the Treaty of 1837, 7 Stat. 536, or the Treaty of 1842, 7 Stat. 591, or such tribe's successor in interest.

h. "Wild Plant" means any undomesticated species, or part thereof, of the plant and fungi kingdoms occurring in the natural ecosystem, but for the purposes of this Code excludes wild rice.

1. The Tribe asserts legal authority to regulate the exercise of the Tribe's treaty-reserved ceded territory gathering rights applicable to wild plants found in National Forests.

2. Any person authorized to enforce this Code may seize forthwith wherever found:

1. No member shall gather any wild plant off-reservation in a National Forest without possessing a valid off-reservation harvesting permit approved by the Tribe, which may be the member's tribal identification card required by Subsection (2), or such other permit as this Code may require validated for the particular type of activity to be engaged in for the particular season in question.

2. No member shall gather any wild plant off-reservation in a National Forest except while carrying a valid picture identification card issued by the tribe, or other form of identification approved by the tribe for such gathering activities.

3. No member shall refuse to display his or her identification documents upon request of any tribal, Great Lakes Indian Fish and Wildlife Commission, federal, state, or local law enforcement officer.

4. No member shall fail to comply with the terms, conditions and location restrictions of a permit issued pursuant to this Code.

5. The tribal conservation department is authorized to issue to members, permits required by this Code and to impose such terms, conditions and location restrictions in those permits as it deems necessary or appropriate. Except as otherwise required by this Code, 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 member's tribal identification number.

6. The tribal conservation department may issue such harvesting permits to members of a signatory Tribe, provided such other Tribe has enacted a Code governing gathering in National Forests that is at least as restrictive as this Code.

1. No member shall gather to sell conifer boughs, princess pine or ginseng without possessing a valid commercial wild plant gathering permit.

2. A commercial wild plant gathering permit shall:

3. A commercial wild plant gathering permit may:

1. Generally. No member to whom any permit has been issued under this Code shall fail or refuse to provide harvest information when requested by the tribal conservation department, any person authorized to enforce this Code or the Great Lakes Indian Fish and Wildlife Commission.

2. Records of Commercial Ginseng Transaction.

1. Notwithstanding any other provision of this Code, 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 wild plant in a National Forest generally or with respect to a particular location, whenever the continuation of the harvest is likely to cause biological harm to the species involved.

2. 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.

3. 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 practical method.

4. No member shall violate the terms, conditions or restriction of an emergency closure order issued pursuant to this section.

1. Tribal Wilderness. Research Natural Areas and Special Use Area 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 Code as if fully set forth herein, and no member shall fail to comply with the closures and other restrictions established by this document: Tribal Wildernesses, Tribal Research Natural Areas, and Tribal Vehicle Permit Areas on National Forests, Version 1: August 1998.

2. Forest Service Administrative Sites. No member shall gather wild plants under authority of this Code on a Forest Service Administrative site. For the purposes of this Code, a "Forest Service administrative site" means a specific site where an office, storage or other building or structure is located and maintained by the Forest Service as part of its operation and management of a National Forest. It is the member's responsibility to be certain about a Forest Service administrative site. Any uncertainty should be resolved by contacting the tribal conservation department, Great Lakes Indian Fish and Wildlife Commission or the local National Forest District office.

4. Non-National Forest Lands. No member shall gather wild plants under authority of this Code on any land located within the boundaries of a National Forest that is not owned by the United States of America and part of a National Forest. This provision does not apply to or otherwise restrict any wild plant gathering on non-National Forest lands that is authorized by another tribal ordinance.

1. No member shall gather any tree under authority of this Code without a permit issued pursuant to subs. (4) that is subject to the harvest rights of another in a valid Forest Service timber sale contract. Sometimes these trees are marked with orange, green or yellow paint. However, it is the member's responsibility to be certain about trees that are subject to a valid Forest Service timber sale contract. Any uncertainty should be resolved by contacting the tribal conservation department, Great Lakes Indian Fish and Wildlife Commission or the local National Forest District office.

2. Within an open Forest Service Timber Sale Contract Area as defined in subs. (3), no member shall undertake any of the following activities under authority of this ordinance without a permit issued pursuant to subs.(4):

3. For the purposes of this Code, an "Open Forest Service Timber Sale Contract Area" means a defined location of a National Forest which has been delineated by the Forest Service for the purposes of a timber sale offering and for which a valid Forest Service timber sale contract has been executed. Typically, a Forest Service Timber Sale Contract Area is marked with blue 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 National Forest District office.

4a. The tribal conservation department, after first consulting with the Forest Service, is authorized to issue permits under this section on such terms and conditions as it deems necessary and appropriate.

4b. No member shall fail to comply with the terms and conditions of a permit issued pursuant to this section.

1. No member shall cut down any tree that has been designated with any of the following markings, and no member shall remove, alter or deface any of the following markings:

1. Conduct which is not expressly prohibited, restricted or otherwise regulated by this Code shall be deemed permissible.

2. Except as provided in subs. (3) or as otherwise provided herein, nothing in this Code shall be construed to prohibit a member from gathering in a National Forest with any other person who is not a member of the Band, provided that such other person possesses a license or permit, or is otherwise not prohibited from engaging in the activity involved and complies with applicable laws.

3. No member shall allow any person who is not a member to assist, and no such person shall assist, in the activities authorized by this Code except that persons of the member's immediate family, including but not limited to grandparents, parents, spouses, and siblings, may assist the member provided the member is present when the assistance is rendered.

1. Any provision of this Code may be enforced by tribal conservation wardens or by conservation wardens of the Great Lakes Indian Fish and Wildlife Commission. Said Commission wardens are hereby deputized by the Tribe as tribal conservation wardens for the purposes of enforcing this Code.

2. Such Tribal and Commission wardens may 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 Code.

1. Conduct a search of an object, place or person whose conduct is regulated by the provisions of this ordinance, and may seize things when the search is made:

2. Conduct routine inspections, in a manner and at such times and locations as are reasonable and appropriate in the ordinary course of routine enforcement activities, of vessels, boats, wagons, trailers, automobiles, snowmobiles, off-highway vehicles, containers, packages, and other receptacles contained therein, utilized by a person in a harvest activity authorized by this Code and of record of commercial transactions required under this Code which have not yet been forwarded to the tribal conservation department;

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

4. Stop any automobile or other vehicle as part of a lawful inspection authorized by this section or if the person reasonably suspects there is a violation or breach of this Code;

5. With or without a warrant, open, enter and examine vessels, boats, wagons, trailers, automobiles, vehicles, snowmobiles, off-highway vehicles and packages and other receptacles contained therein, in which the person has probable cause to believe that contraband wild plants, may be contained or pursuant to a lawful inspection authorized by this section; and

6. 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 Code.

1. For any violation, a civil remedial forfeiture of not more than $5,000.00;

2. For any violation, a revocation or suspension of off-reservation National Forest gathering privileges for a period of time within the discretion of the court;

3. For any violation, the court may order a natural resources assessment not to exceed 75% of the amount of the civil remedial forfeiture; and

4. For any violation, appropriate court costs within the discretion of the court.

1. In addition to any other penalty allowed by this Code, 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 gathering or having unlawfully in possession any wild plant taken from a National Forest. The sum assessed for damages for each wild plant shall not be less than the amount stated in this section:

2. Where the Forest Service or another person or entity has sustained damages as a result of unlawful harvest, the court may, with the consent of the Tribe, award all or part of any civil damages obtained pursuant to this section to the Forest Service or to such person or entity.

1. Whoever is concerned in the commission of a violation of this Code 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.

2. A person is concerned in the commission of the violation if the person:

1. The relevant provisions of such ordinance are in essential conformance with the parallel provisions of this Code; and

2. The other Tribe has authorized the adjudication.

1. Cut down 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.

1. No member shall cut any live tree or gather any salvage timber for firewood unless the tree is included within a National Forest "firewood sale", other area designated for firewood either generally or on a case-by-case basis, or as permitted pursuant to a valid sugarbush site permit issued pursuant to Section 5.05.

2. No member shall cut any standing dead tree more than 100 feet from the cleared edge of any road where it is legal for highway vehicles to travel.

3. No member shall cut any standing dead tree within 200 feet of any pond, lake, stream or river.

4. No member shall use a farm tractor, rubber tired skidder, or similar vehicle for gathering firewood without written permission from the Tribe.

1. No member shall gather maple sap without a sugarbush site permit valid for a designated tribal sugarbush or for such other location approved by the tribal conservation department in consultation with the Forest Service.

2. "Designated tribal sugarbush" means a specific site identified and established by the tribal conservation department, in consultation with the Forest Service, 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.

1. Harvest for Sale as "Lumber" or Similar Wood Products.

2. Harvest for Construction Purposes.