White Earth Band of Chippewa, Comprehensive Law and Order Manual

WHITE EARTH RESERVATION CONSERVATION CODE

WHITE EARTH TRIBAL COUNCIL
A/K/A WHITE EARTH BUSINESS COMMITTEE
WHITE EARTH BARD OF CHIPPEWA INDIANS

RESOLUTION NO. 001-97-006

WHEREAS, the White Earth Tribal Council is duly empowered as the governing body for the White Earth Reservation pursuant to Article VI, Sec. 1 of the Revised Constitution and Bylaws of the Minnesota Chippewa Tribe, as amended March 3, 1964; and

WHEREAS, The Band previously adopted the White Earth Reservation Conservation Code, which allows amendment by resolution; and WHEREAS, The Band seeks to clarify the jurisdictional reach of the Conservation Court;

NOW, THEREFORE, IT IS HEREBY RESOLVED, The provisions of White Earth Conservation Code 100.07, Subd. 1, state:

"The jurisdiction of the Conservation Court shall extend to all aspects of the Conservation Code, and shall extend to all enrolled members of the Minnesota Chippewa Tribe, and to all members of a federally recognized tribe."

It is hereby amended to read as follows:

"Subd. 1: The jurisdiction of the Conservation Court shall extend to all aspects of the Conservation Code, and shall extend to all enrolled members of the Minnesota Chippewa Tribe, and any individual who has been issued a natural resources harvest permit by the White Earth Conservation Department, and to all members of a federally recognized tribe."

We do hereby certify that the foregoing resolution was duly presented and adopted by a vote of 2 FOR, 0 AGAINST, 1 SILENT, 1 ABSENT, at a regular meeting of the White Earth Tribal Council, a quorum being present, held on the day of October, 1996, at White Earth, Minnesota.

(signed) Eugene "Buggar" McArthur, Chairman
Attest:
(signed) John Buckanaga, Acting Sec/Treas.

PREAMBLE

It is the obligation of the White Earth Reservation as a sovereign nation to protect the rights of all its enrolled members. It is recognized that the White Earth Tribal Council has granted the members of the Reservation a right in taking and using of resources found on the Reservation. However, the rights of individuals are subject to regulation by the sovereign to insure that each member has equal access to available resources and to preserve such resources as we now enjoy for use by future generations.

It is also the responsibility of a sovereign nation, through reasonable regulations and management activities, to manage the Reservation's resources to the best of its ability by efficient and effective ways to insure that these resources are managed in a manner as to allow maximum usage while yet maintaining a population at a level capable of regeneration.

It is for these and other purposes that the White Earth Band of Chippewa Indians enact the following Conservation Code pursuant to their inherent traditional powers and the authority of the Minnesota Chippewa Tribal Constitution, Article I, Section 3.

These regulations apply to Minnesota Chippewa Tribal members and other permittees. However, because of the unique nature of law enforcement and natural resource management responsibilities, employees of the White Earth Reservation Tribal Council's Conservation Department, in carrying out their assigned duty to protect or manage natural resources, shall be exempted from the restrictions herein stated to the extent necessary to fulfill their assigned tasks or job.

C.C. 100.00 General Information and Provisions

C.C. 100.01 Name of Code

This Code shall be known as the White Earth Reservation Conservation Code and may be referred to as the Conservation Code and may be abbreviated as the C. C. All rules and regulations contained herein may be cited by the names given in the ruled headings. The Preamble shall not be considered part of this Ordinance.

C.C. 100.02 Prior Inconsistent Ordinances Repealed

Any and all ordinances of the Reservation Tribal Council which conflict in any way with the provisions of this Code are hereby repealed, to the extent that they are inconsistent with or conflict with, or are contrary to the spirit and/or purpose of the Code.

C.C. 100.03 Amendment of the Conservation Code

The Conservation Code may be amended by the Reservation Tribal Council by adoption of a resolution stating such changes. Additions to this Conservation Code shall become part thereof for all purposes and shall be codified and incorporated herein in a manner consistent with the numbering and organization thereof.

C.C. 100.04 Severability

If any provision of this Code or the application of any provisions of this Code to any person or circumstances is held invalid, the remainder of this Code shall not be affected thereby.

C.C. 100.05 Exclusiveness of Offense

No conduct constitutes an offense unless so declared by this Code or by any other tribal resolution or ordinance. Offenses may be an omission of a requirement or special provision or engaging in a prohibited act.

C.C. 100.06 Effective Date

This Code shall apply to all offenses as herein defined occurring on or after its effective date including amendments, seasons, limits and other regulations established by the Director or Reservation Tribal Council.

C.C. 100.07 Jurisdiction

Subd. 1) The jurisdiction of the Conservation Court shall extend to all aspects of the Conservation Code and shall extend to all enrolled members of the Minnesota Chippewa Tribe and to all members of a federally-recognized tribe.

Subd. 2) The jurisdiction of this Code shall be criminal in nature and the penalties assessed for any violation of any prohibited act contained herein or amendatory thereof shall be in the form of dollar amount fines and/or incarceration and/or loss and/or revocation of resource taking permits.

C.C. 100.08 Definitions

Subd. 1) Angling: Shall mean the taking of fish by an attended hook and line.

Subd. 2) Bag Limit, Creel Limit, or Harvest Limit: Shall mean the number or quantity of fish, wildlife, and other natural resources that may be harvested.

Subd. 3) Bait/Bait Fish: Shall mean all members of the minnow family, except carp and goldfish, all members of the sucker family, yellow perch, herring, goldeyes, mooneyes, and mud minnows. For purposes of any law regulating the taking, sale or transportation thereof, leeches, frogs and salamanders, shall be considered bait fish.

Subd. 4) Big Game animals: Shall mean deer, bear, elk and moose.

Subd. 5) Cased Gun: Shall mean any firearm totally. enclosed by a container that is zipped, tied or sealed in some manner. A hand gun in a holster is not considered a cased gun.

Subd. 6) Commercial Purposes: Shall mean the taking or selling for barter, sale or exchange for consideration.

Subd. 7) Conservation Court: Shall mean the Reservation Court established by the Minnesota Chippewa Tribal Constitution and shall have the authority and responsibility for adjudicating violations of this Ordinance.

Subd. 8) Firearm: Shall mean any crossbow, rifle, handgun or shotgun, with or without ammunition.

Subd. 9) Fish House: Shall mean any enclosed shelter placed on the ice of a lake or stream.

Subd. 10) Forest Products: Shall mean lumber, lath, shingles, crating, ties, bolts, logs, pulpwood, firewood, or other marketable materials obtained from trees.

Subd. 11) Furbearing Animals: Shall mean beaver, otter, mink, muskrat, fisher, fox, coyote, lynx, bobcat, weasel, raccoon and pine martin.

Subd. 12) Game Animals: Shall mean all big game animals, small game animals, and waterfowl.

Subd. 13) Game Fish: Shall mean all trout, all crappie, large and small mouth bass, muskellunge and muskellunge hybrid, northern pike, walleye, sauger, sturgeon, and all sunfish.

Subd. 14) Hunting: Shall mean the taking or attempting to take wildlife by means of a hand held firearm or bow.

Subd. 15) Hunting Hours: Shall mean one-half (½) hour before sunrise to one-half (½) hour after sunset.

Subd. 16) Immediate Family: Shall mean a husband and/or wife, (this includes cultural community standards) children living with their parents, grandchildren living with their grandparents, or parents who live with their children or grandchildren and are enrolled members of the White Earth Band.

Subd. 17) Improved Road: Shall mean any road that has a surface improved by gravel, asphalt or concrete.

Subd. 18) Loaded Gun: Shall mean any firearm containing ammunition in either the magazine or chamber, except the muzzle loader which is considered to be loaded when the percussion cap is in place.

Subd. 19) Meat: Shall mean the part of the fish or game animal which is usually considered and normally consumed as edible.

Subd. 20) Motor Vehicle: Shall mean, but not be limited to, any car, truck, automobile, motorized boat, cycle, snowmobile, all-terrain vehicle, airplane or any other vehicle that is motorized.

Subd. 21) Personal Use: Shall mean any use other than commercial use.

Subd. 22) Possession: Shall mean the act of having or taking into control, whether on an individual's person or in his/her vehicle, home or other structure, or within an area controlled by him/her or within his/her ability to control. Said control can either be actual, constructive, singularly or jointly.

Subd. 23) Natural Resources: Shall include all animals, fish and wild rice and such other naturally occurring animal or plant as is designated by the Director and which are accorded some measure of protection or regulation under the White Earth Conservation Code.

Subd. 24) Natural Resources Harvest Permit: Shall mean a card issued by the White Earth Conservation Department to enrolled members of the Minnesota Chippewa Tribe and all others who have submitted themselves to the jurisdiction of the White Earth Conservation Code. The permit shall designate the purpose for which it has been issued, what natural resources, game, furbearing animals, fish or wild rice are covered thereby and the duration of the permit. This permit shall not be effective as to wild rice, trapping, and leeching on the Tamarac National Wildlife Refuge, except as otherwise specifically permitted.

Subd. 25) Reservation: Shall mean the White Earth Reservation, as established by an Act of March 19, 1867, 16 Stat. 719, is a government agency incorporated into the Minnesota Chippewa Tribe under Federal Charter pursuant to the Indian Reorganization Act of 1934.

Subd. 26) Ricing: Shall mean the taking of wild rice.

Subd. 27) Rough Fish or Non-Game Fish: Shall mean all other fish not bait or game fish.

Subd. 28) Small Game Animals: Shall mean rabbits, squirrels, all grouse, pheasant, all partridge, all doves, woodcock, rail and snipe.

Subd. 29) Taking: Shall mean the act of harvesting any of the Reservation's natural resources for any purpose.

Subd. 30) Trapping: Shall mean the taking of furbearers by trap or snare.

Subd. 31) Wanton Waste: Shall mean the intentional destruction of, damage to or discarding of any natural resource which is commonly considered consumable, commercial or saleable as permitted herein.

Subd. 32) Watercraft: Shall mean, but not be limited to, any floatation vehicle that is powered by any mechanical engine.

Subd. 33) Waterfowl: shall mean wild ducks, wild geese, coots and merganser.

Subd. 34) Wild Rice: A tall aquatic Northern American perennial grass (Zizania Aquatica) that yields an edible grain.

Subd. 35) White Earth Reservation Tribal Council: Shall mean the duly constituted and properly elected governing body of the White Earth Band of Chippewa Indians.

C.C. 100.09 General Provisions and Prohibited Acts

Subd. 1) It is deemed a prohibited act, for the purpose of this Code, for any person, political entity, business entity or governing body, or any other of the aforementioned persons, entities or bodies to interfere with the lawful enforcement of this Code.

Subd. 2) It is deemed a prohibited act, for the purpose of this Code, to flee, attempt to flee or fail to stop for an Officer when requested by word, red lights or siren while in the performance of his/her duties.

Subd. 3) It is deemed a prohibited act to assault or attempt to assault, or in any manner endanger the health or safety of an Officer or Conservation Department worker engaged in the lawful enforcement of this Code or performance of his/her assigned duties.

Subd. 4) It is prohibited to aid, abet, or help any person who is committing or attempting to commit any act prohibited by this Code. This includes both actual or passive acts or failures to act which result in a violation of the Code.

Subd. 5) It is a prohibited act to tend, disturb, move, damage, obstruct or interfere with any equipment, activity or person of the White Earth Conservation or Biology Department in the performance of the equipment's functions or the person's assigned task or duty.

Subd. 6) It is prohibited to take any natural resource outside of established seasons, limits, or regulations or without a valid tribal identification card, natural resources harvest permit, tag or any other specially required harvest permit, if applicable, except as otherwise provided by this Code or as established by the White Earth Tribal Council.

Subd. 7) It is prohibited to hinder, resist arrest, or obstruct a Conservation Officer in the performance of his/her duties.

Subd. 8) It is prohibited to falsely impersonate a Conservation Officer.

Subd. 9) It is prohibited to discharge a firearm in any manner that is hazardous to human life, health or property, or within 500 feet of an inhabited dwelling without permission of the owner, or down or across any improved road or within the boundaries of any city, village or town.

Subd. 10) It is prohibited to use the meat of any game animal or game fish for commercial purposes, unless otherwise permitted under this Code or as authorized by the White Earth Tribal Council.

Subd. 11) The White Earth Reservation Tribal Council recognizes the special nature of the Tamarac National Wildlife Refuge, Little Elbow Lake Park, Lower Rice Lake Wildlife Management Area, and other unique natural resource management areas and may adopt certain regulations to preserve the special areas.

Subd. 12) The White Earth Reservation Tribal Council may, in its discretion, issue special harvest permits to accommodate handicapped persons, special events, ceremonies, or other community occasions.

C.C. 200.00 Fishing Provisions

C.C. 200.01 Fishing Permit

Subd. 1) All persons who take fish must have in his/her possession and on his/her person a tribal identification card and a valid natural resources harvest permit which is current for the year and has not been revoked.

Subd. 2) The authority to take fish under the natural resource harvest permit is not transferable.

C.C. 200.02 Fishing Regulations

All persons under the jurisdiction of this Code are subject to the following rules:

Subd. 1) It is prohibited to take fish or turtles under the natural resources harvest permit by any means, except as provided below:

1. Fish may be taken by angling within seasons and limits as set by the White Earth Tribal Council.

2. Fish may be taken by spearing or archery within seasons and limits as set by the White Earth Tribal Council.

3. Fish may be taken by netting within seasons, limits and the methods as set by the White Earth Tribal Council under C.C. 200.04, Netting.

4. Bait fish may be taken by a seine no longer than 25 feet or by no more than 10 traps that are clearly identified with the permittee's identification tag number.

5. Turtles may be taken with the use of gaff, dip net, light, snare or by hand within the seasons and limits as set by the White Earth Tribal Council.

Subd. 2) It is prohibited to use live carp, goldfish, smelt, alewife, crayfish or bullheads as bait for game fish or rough fish.

Subd. 3) It is prohibited to sell game fish and bait fish except as provided under C.C 300.00, Commercial Fishing Provisions.

Subd. 4) Non-game fish and turtles taken under the authority of a natural resource harvest permit may be used for commercial purposes.

Subd. 5) It is prohibited to transport or possess fish taken in violation of this Code.

Subd. 6) It is prohibited to stock or place into any waters any fish without a stocking permit issued by the White Earth Biology Department.

Subd. 7) It is prohibited to take the spawn of game fish or non-game fish for the purpose of culture or propagation under the authority of the natural resource harvest permit.

Subd. 8) Except as otherwise specifically permitted, it is prohibited for anyone to have in his/her possession, in any motor vehicle or on his/her person at or near waters, a spear, net or any other device or substance capable of taking fish, except when acting under permit and during the seasons established by the White Earth Tribal Council.

Subd. 9) It is prohibited to cast the rays of an artificial light on any lake, creek, or stream for the purpose of locating, taking, or attempting to take fish while in possession of a spear or bow, except within seasons and limits as established by the White Earth Tribal Council.

Subd. 10) Wanton waste of fish and other aquatic life is prohibited.

Subd. 11) The White Earth Biology Department may open or close any water body to any method of taking fish if the fish are in eminent danger of death or if the fish population is in eminent danger of over harvest.

C.C. 200.03 Fish House

Subd. 1) Each fish house must have attached to the door side of the fish house the name and Reservation identification number of the fish house owner plainly marked.

Subd. 2) Unoccupied fish houses or portions of fish houses shall not be on water bodies between March 15 and ice breakup of each year.

C.C. 200.04 Netting

Subd. 1) Nets shall not be placed within 50 feet of a previously set net of another permittee.

Subd. 2) Nets shall not be placed in or within 300 feet of a river, channel, stream, inlet, or outlet of a lake.

Subd. 3) Nets set in Reservation lakes must be checked at least once every 72 hours.

Subd. 4) It is prohibited to tend, disturb, move, damage, obstruct or interfere with any nets of any permittee, unless that permittee is present.

C.C. 300.00 Commercial Fishing Provisions

C.C. 300.01 Commercial Rough Fish Harvesting Permit

Subd. 1) It is prohibited to take fish, or parts of fish (which includes the stripping thereof and its products to raise or propagate fish), for commercial use without first obtaining a commercial permit, excepting C.C. 200.02, Fishing Regulations, Subd. 4.

Subd. 2) Carp shall not be returned to any water body.

Subd. 3) It is prohibited to stock or plant any water body with game fish, non-game fish, or crayfish without first obtaining a stocking permit.

Subd. 4) All aspects of commercial use harvesting operations shall be open at all times to inspection and observation by the Conservation or Biology Departments. This includes, but is not limited to, netting site, transport equipment, holding facilities, storage facility, or the place of business.

Subd. 5) Permittee shall keep records on forms provided by the Biology Department when so required by the White Earth Tribal Council including: harvest poundage or numbers by species by lake biannually, January 1 and May 31.

Subd. 6) Permittee shall utilize only nets and traps that capture fish alive. In no case shall gill nets, explosives, poison, or electricity be utilized. All equipment shall be inspected and approved by the Conservation or Biology Department prior to initial utilization.

Subd. 7) Permittee must list what lakes will be harvested and receive approval from the Conservation Department prior to setting any net or trap in any lake.

Subd. 8) All live game fish harvested shall be immediately returned to the water body harvested. Any game fish that is dead shall be given to the White Earth Conservation Department representatives or designated authority, or drop off point. All rough fish, as defined by the White Earth Conservation Code, may be taken and sold by the permittee.

Subd. 9) All aspects of the operation shall be open at any time for inspection and observation by the Conservation or Biology Department, including netting site, transport equipment, holding facilities, storage building or the permittee's place of business.

Subd. 10) Permittee must obtain a Commercial fishing license by payment of a fee of $35.00 and agreement to the terms of this permit.

Subd. 11) Permittee must tend nets at such a frequency that there is less than 10% loss of fish by number.

Subd. 12) Violation of any of the provisions of this Code or his/her permit subjects permittee to immediate temporary revocation of permit until such time that a full hearing may be heard of the case. If found guilty of any of the provisions of this Code or his/her permit, the permittee is subject to permanent less of permit.

Subd. 13) This permit is renewable up to five years provided:

There have been no convictions for violations of the permit or Conservation Code.
All biannual reports are submitted in a timely and accurate manner.
Permittee shall actively and regularly harvest fish at least 3 months of the year.
Permittee shall pay a fee of $35.00 annually.

Subd. 14) This permit shall be renewable as of June 1 each year.

Subd. 15) The Reservation Tribal Council reserves the right to, at its discretion, require a $1,000.00 bond payable to the White Earth Tribal Council to be utilized as payment of fines, penalties or for clean up of violations if permittee is convicted of a violation of the terms of this permit.

Subd. 16) A transport permit must be obtained from the White Earth Biology Department before transport of any fish.

Subd. 17) Wanton waste of fish and other aquatic life is prohibited.

C.C. 300.02 Private Game Fish Culture Permit

Subd. 1) Permittee shall utilize proper hatching and rearing facilities suitable for the culture of the fish species chosen. All facilities shall be inspected by the Conservation or Biology Department prior to operation by the permittee.

Subd. 2) Permittee shall utilize only nets and traps that capture fish alive. In no case shall gill nets, explosives, poison, or electricity be utilized. All equipment is subject to prior inspection by the Conservation or Biology Department.

Subd. 3) All game fish to be reared will be provided by the White Earth Biology Department through either purchase or trade or obtained through other legal supplier.

Subd. 4) All rearing operations will take place only in approved sites with written authorization from the White Earth Conservation Department.

Subd. 5) Rearing ponds and sakes will be permitted for use only if there are no populations of game fish and they are isolated from migratory populations.

Subd. 6) It is illegal for any permittee to trap any game fish under these regulations from a wild brood stock for the purpose of stripping under these regulations.

Subd. 7) Permittee must obtain a private game fish culture permit by payment of a fee of $35.00 and agreement to the terms of the permit.

Subd. 8) Permittee must provide complete and accurate records of all aspects of the game fish culture operation provided by the White Earth Conservation Department.

Subd. 9) This permit shall be renewable as of January 1 each year.

Subd. 10) This permit is renewable up to five years provided:

1. There have been no convictions for violations of the permit or Conservation Code.

2. All reports are submitted in a timely and accurate manner.

Subd. 11) Convictions or violations of any of the provisions of this permit may result in immediate temporary revocation of permit.

Subd. 12) There shall be no exotic fish stored, reared, transported, or released in Reservation lakes or waters.

Subd. 13) A transport permit must be obtained from the White Earth Biology Department before transport of any fish.

C.C. 300.03 Regulations for Commercial Bait Fish Aquaculture Permit

Subd. 1) Permittee shall utilize only nets and traps that capture fish alive. In no case shall gill nets, explosives, poison, or electricity be utilized. All equipment is subject to prior inspection by the White Earth Conservation or Biology Department.

Subd. 2) Permittee shall utilize proper hatchery and rearing facilities suitable for the culture of the fish species chosen. All facilities are subject to prior and frequent inspection by the White Earth Conservation or Biology Department.

Subd. 3) All trapping and rearing operations will take place only in previously approved sites with written authorization from the white Earth Conservation Department.

Subd. 4) All trapping, hatching and rearing sites shall be open for inspection to the White Earth Conservation or Biology Departments.

Subd. 5) Permittee must obtain permission before entering private land.

Subd. 6) All live game fish at the trapping site shall be returned to the native water body immediately.

Subd. 7) All game fish mortalities shall be turned over to the White Earth Conservation Department.

Subd. 8) All brood fish trapping sites must be approved by the White Earth Conservation Department.

Subd. 9) Permittee must provide complete and accurate records of all aspects of the bait fish aquaculture operation. Forms will be provided by the White Earth Conservation Department.

Subd. 10) Permittee must obtain a commercial bait fish aquaculture permit by payment of a fee of $35.00 and agreement to the terms of the permit.

Subd. 11) This permit shall be renewable as of January 1 each year.

Subd. 12) The following species are prohibited from rearing: carp, tilapia, smelt, white amur and goldfish.

List of definition of bait fish is:

All members of the minnow family except carp and goldfish.

All members of the sucker family except yellow perch and mud minnows.

Leeches, frogs and salamanders shall be considered bait fish.

Subd. 13) A transport permit must be obtained from the White Earth Biology Department before transport of any fish.

C.C. 300.04 Leeching Permits

Subd. 1) All persons who leech must have in his/her possession and on his/her person a valid natural resource harvest permit and leeching permit, which is current for the year and has not been revoked.

Subd. 2) The authority to take leeches under these permits is non-transferable.

Subd. 3) Permittee may start leeching on March 31 and continue until October 31, except on the Tamarac National Wildlife Refuge.

Subd. 4) All leech traps must be marked with either numbered tags issued by the White Earth Conservation Department or tagged with the owners name or tribal identification number.

Subd. 5) All traps must have identification tag numbers clearly visible above the surface of the water or ice.

Subd. 6) Traps of one permittee shall not be within 50 feet of another permittee's traps.

Subd. 7) It is prohibited to tend or disturb the traps of any other permittee without authorization from the permittee.

Subd. 8) Wanton waste of leeches or other aquatic life is prohibited.

Subd. 9) It is prohibited to litter. All litter, i.e. trash, excess bait, fish remains, etc. must be removed from the leeching area daily.

Subd. 10) The leeching permit is a legal transport permit.

Tamarac National Wildlife Refuge Regulations

The permittee may harvest leeches and turtles in designated areas between the dates stated each year by the White Earth Biology Department and Tamarac National Wildlife refuge.
Turtles may be harvested by hand or using hand-held equipment only.
Each permittee may designate one (1) permitted helper. The permittee or helper must be present when checking leech traps. Only the permittee and helper may participate in turtle harvesting.
The permittee may harvest leeches and turtles only in the zones designated on the permit and attached maps.
All leech traps must be marked with either numbered tags issued by the White Earth Conservation Department or tagged with the owners name or tribal identification number.
All litter, i.e. trash, excess bait, fish remains, etc. must be removed from the Refuge daily.
All leech traps must be removed from the Refuge by sunset on the set date by the White Earth Conservation Department and Tamarac National Wildlife Refuge.
All unwanted leeches and turtles will be immediately returned to the body of water from which they were taken.
Turtle size limits and creel limits established by the White Earth Biology Department are enforced. Snapping turtles must measure 10" across the back from side to side. The limit on snapping turtles is 10 per day. There are no size or creel limits on other turtles species.
No firearms may be possessed while leeching or turtling.
There will be no list of alternates to replace permittees who resign or have his/her permits revoked
The Tamarac Wilderness in the northwest corner of the Refuge is closed to leeching and turtling.
The use of all terrain vehicles is prohibited on Tamarac National Wildlife Refuge except by special written permission of the Refuge Manager.
Reports: A written report of pounds of leeches harvested and number, species and size of turtles harvested must be submitted biweekly to: Headquarters, Tamarac National Wildlife Refuge, HC 10, Box 145, Rochert, MN 56578. Report forms and envelopes for report filing are provided.
Any violation of the above permit conditions, Refuge regulations, or the White Earth Conservation Code may result in revocation of the permit and possible other penalties including criminal prosecution.

C.C. 400.00 Hunting Provisions

C.C. 400.01 Hunting Permits

Subd. 1) All persons who take game animals must have in his/her possession and on his/her person a tribal identification card and a valid natural resources harvest permit which is current for the year and has not been revoked.

Subd. 2) Any person between the ages of 12 and 16 years old must have in his/her possession a firearm safety certification when hunting (big game and/or small game), a tribal identification card and a valid natural resources harvest permit which is current for the year and has not been revoked.

C.C. 400.02 Rules and Regulations

Subd. 1) It is prohibited to transport a strung bow.

Subd. 2) A locking seal provided by the White Earth Conservation Department must be attached and locked onto any big game animal prior to big game animal being moved in a motorized vehicle or upon arrival at a dwelling or camp site. The tag must be attached such that the tag cannot be removed or reused.

Subd. 3) It is prohibited to take big game animals with the aid of dogs or horses.

Subd. 4) During the modern firearm season, hunters must wear blaze orange or red colored clothing.

Subd. 5) It is prohibited to take protected animals or to chase, drive, or run over any animal with a motor vehicle or snowmobile.

C.C. 400.03 Hunting Season

Subd. 1) It is prohibited to take game animals, including waterfowl, by any means except by hunting within seasons and limits as established by the White Earth Reservation Tribal Council.

Subd. 2) Furbearers may be taken by hunting within seasons and limits as established by the White Earth Reservation Tribal Council.

C.C. 400.04 Firearms Regulations

Subd. 1) It is prohibited to take big game with .22 caliber short, long or long rifle, .22 caliber hollow points or .22 magnum ammunition or any rifle ammunition less than 1.75 inches long, or a shotgun using shot ammunition, or muzzle loading musket of less than .40 caliber or a handgun using ammunition less than .357 caliber or a length of less than 1.285 inches or a bow with a draw of less than 40 pounds, or with an arrow with a head of less than .75 inches in width or with a crossbow.

Subd. 2) Waterfowl may only be taken by a shotgun not larger than 10 gauge in size using buckshot or fineshot ammunition of any size which does not contain lead.

Subd. 3) Small game and furbearers may be taken with any hand held firearm.

C.C. 400.05 Artificial Lighting

Subd. 1) It is prohibited to use an artificial light for the taking of any game animal or furbearers while in possession of a firearm or bow under this ordinance, except to aid in the taking of raccoons that have been treed while the hunter is in possession of a firearm of a caliber not larger than .22 rimfire or a shotgun with shot.

Subd. 2) It is prohibited to cast the rays of an artificial light onto any field, lake, creek or stream while possessing a firearm.

Subd. 3) It is prohibited to cast the rays of an artificial light on any field, lake, creek or stream for the purpose of locating, taking, attempting to take, or harassing any game or waterfowl.

C.C. 400.06 Motor Vehicles

Subd. 1) It is prohibited to carry or possess a loaded firearm in a motor vehicle.

Subd. 2) It is prohibited to carry or possess an uncased firearm in a motor vehicle after or before legal hunting hours.

Subd. 3) It is prohibited to take, attempt to take or pursue game animals, furbearers or waterfowl from a motor vehicle excepting that waterfowl may be taken from a motorized boat with the engine raised and shut off.

C.C. 400.07 Party Hunting

Subd. 1) Deer may be taken for a member of the hunter's immediate family or senior citizen who is an enrolled member of the White Earth Bad and who has given his/her deer permit tag, valid natural resource harvest permit, and tribal identification card to the enrolled White Earth member who is doing the hunting.

Subd. 2) Deer may be taken for another person provided that the two or more persons are hunting together, all with valid natural resource harvest permits and are within the combined limit of people hunting together.

C.C. 400.08 Bear

Subd. 1) It is prohibited to bait for bear prior to the date set by the Director. Bear may be baited only with biodegradable products including, but not limited to, pastries, rolls, breads, meats, oils, scents, bones and similar items.

Subd. 2) Dogs may not be used to aid in the taking of a bear.

Subd. 3) It is prohibited to take bear cubs or a female bear accompanied by her cubs.

C.C. 400.09 Moose

Subd. 1) It is prohibited to take moose by any means other than as established under C.C. 400.03, Hunting Season, Subd. 1.

Subd. 2) If a moose is shot and wounded and wanders onto private land, the hunting party must notify the landowner and the Conservation Officers before pursuing the moose.

Subd. 3) Each hunting party will be issued a tag for the moose when issued a permit.

Subd. 4) If two members of one household and/or family application is drawn, only one permit per household and/or family will be issued.

Subd. 5) A person may not apply for another permit for a period of ten years if they received a permit or were on someone else's permit.

Subd. 6) For each application for the drawing there must be at least one adult listed on the application.

C.C. 500.00 Trapping Provisions

C.C. 500.01 Trapping Permit

Subd. 1) All persons who take furbearers must have in his/her possession and on his/her person a valid natural resources harvest permit which is current for the year and has not been revoked.

Subd. 2) It is prohibited for any person under the age of 12 to carry a firearm while trapping.

C.C. 500.02 Trapping Rules and Regulations

Subd. 1) 1t is prohibited to make or trap furbearing animals out of established seasons, methods or over the established limit, as set by the White Earth Reservation Tribal Council.

Subd. 2) Each permittee must obtain a seal or tag from the Biology Department for each pelt or hide of a designated species. This seal or tag must be affixed to the hide or pelt through an eye or some other manner as described by the Biology Department. This seal or tag must not be transferred to any other pelt or hide.

Subd. 3) Pelts or furbearing animals must be registered with the Biology Department if possessed more than five (5) days after the close of the respective season.

Subd. 4) Wanton waste of furbearing animals is prohibited. All traps must be tended at least once every 72 hours.

Subd. 5) It is prohibited to tend or disturb the traps of any permitted trapper other than whose for which the person has written permission. If a person obtains permission to tend another's traps, both persons must possess a valid trapping permit.

Subd. 6) All traps and snares must be clearly marred with the owner's identification tag number.

Subd. 7) When trapping by snare, the top of the snare must be firmly located no higher than 16 inches from the top of the ground or firmly compacted snow. Such snare may not be more than 10 inches in diameter.

Subd. 8) It is prohibited to set, place or operate body gripping or conibear type traps that have a maximum jaw opening when set of greater than 7½ inches, excepting when said trap is at least half submerged in a lake, river or pond.

Subd. 9) All traps shall be concealed to prevent trapping protected animals such as eagles, owls, etc. Any protected animal or threatened/endangered species accidentally caught in the trap must be turned over to the White Earth Conservation Department within 24 hours.

Subd. 10) Trapping permits on Tamarac National Wildlife Refuge are restricted to enrolled members of the White Earth Band of Chippewa Indians who are at least 16 years of age.

C.C. 500.03 Regulations for Commercial Fur Buyers License

Subd. 1) A fur buyer can only purchase furs that have been legally obtained. All furs that require special registration must be property registered and tagged.

Subd. 2) The fur buyer shall not utilize this license to trap more furbearers than is regulated in C.C. 100.09, General Provisions and Prohibited Acts, Subd. 6.

Subd. 3) The fur buyer must obtain a retention permit to retain furs more than five days after the close of a season.

Subd. 4) All aspects of the operation shall be open at any time for inspection and observation by the Conservation or Biology Department, including: transport equipment, holding facilities, storage building or the permittee's place of business.

Subd. 5) The fur buyer shall keep records on forms provided by the Biology Department to include: tag number, whom the furs were acquired from, number of furs, number of each species, and who the furs were sold to. Forms shall be due on June 1 of each year.

Subd. 6) The fur buyer must obtain a commercial fur buyer's license by payment of a fee of $35.00 and agreement to the terms of this license.

Subd. 7) Violation of any of the provisions of this Code subjects licensee to immediate temporary revocation of license, until such time that a full hearing may be heard of the case. If found guilty of any of the provisions of this Code or his/her license, the permittee is subject to permanent loss of license.

Subd. 8) This license is renewable up to five years provided:

1. There have been no convictions for violations of the license or Conservation Code.

2. A11 annual reports are submitted on a timely and accurate manner.

3. The fur buyer shall actively and regularly purchase furs at least 3 months of the year.

4. The fur buyer shall pay a fee of $35.00 annually.

Subd. 9) This license shall be renewable as of June 1 each year.

Subd. 10) The Reservation Tribal Council reserves the right to, at its discretion, require a $1,000.00 bond payable to the White Earth Tribal Council to be utilized as payment of fines, penalties or for clean up of violations if permittee is convicted of a violation of the terms of this license.

C.C. 600.00 Wild Rice Provisions

C.C. 600.01 Wild Rice Permits

Subd. 1) All persons who take wild rice must have in his/her possession and on his/her person a valid natural resources harvest permit which is current for the year and has not been revoked.

Subd. 2) All persons must have a tribal identification card in possession and follow seasons, rules and regulations under this Code.

C.C. 600.02 Rules and Regulations

Subd. 1) It is prohibited to take wild rice by any means except with a hand held flail in a canoe or boat less than 36 inches wide or on foot within seasons, hours and methods as established by the White Earth Reservation Tribal Council.

Subd. 2) It is prohibited for anyone except White Earth Band member enrollees to harvest rice on Lower Rice Lake in Clearwater County.

Subd. 3) It is prohibited to wantonly waste or destroy wild rice.

Tamarac National Wildlife Refuge Regulations

Tamarac National Wildlife Refuge ricing permits shall be drawn and distributed annually under the regulation established by the White Earth Reservation Tribal Council, provided a Reservation permit has been obtained prior to the drawing by the applicant for such permits.

1. Rice permits on Tamarac National Wildlife Refuge are restricted to enrolled members of the White Earth Band of Chippewa Indians and must be 16 years or cider to register for the Refuge drawing.

2. A free federal permit is required and will be issued to tribal members chosen at the annual rice drawing. The federal permit and appropriate ricing license must be in possession when ricing. If the permittee does not exercise his/her permit for more than 3 days of ricing, his/her permit will expire and an alternate will take his/her place on that lake.

3. Access points and number of boats per lake will be designated by the Manager of Tamarac Refuge and the White Earth Conservation Department.

4. Permittees will not be allowed to switch lakes. Permits are not transferable.

5. Enforcement of Refuge wild rice harvest regulations is the responsibility of the White Earth Conservation Department and Tamarac Refuge.

6. Ricers must comply with the following standard Refuge regulations:

a. To destroy any plant or animal is prohibited.

b. The possession, use and transportation of firearms will be in accordance with applicable federal, state and Reservation regulations.

c. All areas must be kept neat and orderly. Littering is prohibited.

d. Disturbance of peace or any other disorderly conduct is prohibited.

e. Boat, flail and pole limitations must conform to Reservation regulations (see Subd. 1).

7. Any person under the age of 16 must be accompanied by an adult to be eligible for the annual drawing.

8. The Refuge and Biology Department reserve the right to harvest wild rice for the purpose of reseeding.

C.C. 700.00 Forestry Provisions

Subd. 1) A person must have a tree use permit for dead and down stumpage.

Subd. 2) A person must obtain a permit from the White Earth Tribal Forestry for cutting of standing green stumpage.

Subd. 3) All persons must obtain a permit from the White Earth Tribal Forestry to harvest bough on tribal land.

Subd. 4) Bough harvesters must not cut the whole balsam or spruce trees down to obtain the bough.

Subd. 5) Trespassing on tribal land to harvest any forest products without a permit from the White Earth Tribal Forestry is prohibited, except for ceremonial or religious purposes.

Subd. 6) Birchbark harvesters must not cut the whole tree down to obtain the outer bark.

Subd. 7) Pine cone harvesters must not cut the whole tree down to obtain pine cones.

Subd. 8) It is prohibited to place a logging road within one-half (½) of a mile from a known or established eagle's nest.

Subd. 9) A person cannot cut or commercially harvest trees in a leased or home site area from the White Earth Reservation without a permit from White Earth Tribal Forestry or written permission from the White Earth Land Office.

Subd. 10) It is prohibited to cut trees or to log in known maple sugar camps.

C.C. 800.00 Promiscuous Dumping and Littering Regulations

All solid, liquid, hazardous and all other wastes being disposed of within the exterior boundaries of the White Earth Reservation must be disposed of in a permitted solid waste management site. All dumping or littering not permitted above is prohibited.

C.C. 900.00 Transporting Provisions

Subd. 1) All big game tags are authorized transporting permits.

Subd. 2) All valid natural resource harvest permits are authorized transporting permits.

Subd. 3) All commercial permittees must obtain a transporting permit from the White Earth Biology Department except for leeching, see C.C. 300.04, Leeching Permits, Subd. 10.

C.C. 1000.00 Protection of Endangered Species and Migratory Birds

C.C. 1000.01 Endangered Fish and Wildlife

Subd. 1) This Section implements the Endangered Species Act of 1973, 87 Stat. 384, 16 U.S.C. 1531-1543 and as amended by Public Law 97-304, 1982.

Subd. 2) This Section implements 50 CFR 17, 1983, Subpart B-Lists, Section 17.11 Endangered and Threatened Wildlife, and Section 17.12 Endangered and Threatened Plants.

Subd. 3) It is prohibited to import, export, transport, deliver, receive, sell, or offer to sell any fish, wildlife or plants listed in Section 4 of the Endangered Species Act of 1973, and 50 CFR 17 listed in Subd. 1 and 2.

Subd. 4) It is prohibited to hold a species in captivity or a controlled environment that is listed in Section 4 of the Endangered Species Act of 1973 and 50 CFR 17 listed in Subd. 1 and 2, except that this species (fish or wildlife) is held in the course of a commercial activity approved by the White Earth Reservation Tribal Council.

C.C. 1000.02 Migratory Birds

Subd. 1) This Section implements the Migratory Bird Treaty Act (16 U.S.C. 703-712), 50 CFR 10, listed for the protection of migratory game birds, migratory insectivorous birds and other migratory non-game birds.

Subd. 2) This Section implements 50 CFR 20 - Migratory Bird Hunting. Refer to C.C. 400.00, Hunting Provisions, for hunting seasons and regulations on migratory birds.

C.C. 1100.00 Eagle Provisions

C.C. 1100.01 Eagles

Subd. 1) It is prohibited for any person to take or transport any bald eagle or any golden eagle, or the parts, nests, or eggs of such birds at any time or in any manner, except on the provision of the Indian Freedom of Religion Act, or permitted under the terms of a valid permit issued pursuant to the provisions in C.C. 1100.02, Eagle Permit and Eagle Feather Bank.

Subd. 2) It is prohibited for any person to barter, trade, sell, purchase, offer for sale, export or import any bald eagle or any golden eagle, or the parts, nests, or eggs of such birds at any time or in any manner.

Subd. 3) It is prohibited for any person to pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, molest, or disturb any bald eagle or any golden eagle or its nests or eggs at any time or in any manner.

C.C. 1100.02 Eagle Permit and Eagle Feather Bank

Subd. 1) If any eagles are found dead within the boundaries of the Reservation caused by natural causes or accidental death, that eagle must be turned over to the White Earth Conservation Department for documentation of death. A report and autopsy must be conducted by the U.S. Fish and Wildlife Service. The eagle will then be sent back to the Reservation and be given back to the party that found the eagle or be put into an eagle feather bank for religious or ceremonial purposes.

Subd. 2) The White Earth Reservation Tribal Council may, upon receipt of an application and in accordance with the issuance criteria of this Section, issue a permit authorizing possession or transportation of bald eagles or golden eagles or its parts. Requirements for the permit are as follows:

1. Fill out Application.

2. State the number of eagle feathers and the purpose for which they will be used; religious or ceremonial.

3. Applicant must attach a certification from the Bureau of Indian Affairs that the applicant is an enrolled member of a federally-recognized tribe.

4. State the local area where the majority of his/her religious practices take place.

5. The applicant must be sponsored, in writing or in person, by a known spiritual leader or medicine man that the applicant participates in such ceremonies.

Subd. 3) Applications for permits may be picked up at the White Earth Conservation Department.

Subd. 4) The permits are not transferable, except such birds or its parts may be handed down from generation to generation or from one Indian to another in accordance with tribal or religious customs.

C.C. 1200.00 Parks and Recreation Provisions

C.C. 1200.01 Park Violations

Subd. 1) Motor vehicles are permitted only on established routes.

Subd. 2) Disorderly conduct, amplifiers, power equipment or loud noises are prohibited in the park.

Subd. 3) Possession of firearms, explosives, or a display of weapons is prohibited in the park.

Subd. 4) Motor vehicles must not be operated in a careless or reckless manner in the park.

Subd. 5) A person must obtain permission from the Director to peddle, solicit, or advertise within the park.

Subd. 6) There must not be any destruction or damage to any plants or injury or molestation to any wildlife in the park.

Subd. 7) It is prohibited to cut timber in a park or management area or refuge.

Subd. 8) All pets in the park must be on a leash.

C.C. 1200.02 Fire

Subd. 1) All campfires must be extinguished.

Subd. 2) All debris/garbage must be disposed of properly.

Subd. 3) All campfires must be personally supervised.

Subd. 4) It is prohibited to burn without having a valid burning permit on your person.

Subd. 5) All fires must be reported.

Subd. 6) It is prohibited to start a fire and leave it unquenched.

Subd. 7) It is prohibited to drive over forest land without a muffler.

C.C. 1200.03 Boats and Watercraft

Subd. 1) it is prohibited to operate an unlicensed watercraft in any waters within the Reservation, except a canoe.

Subd. 2) It is prohibited to fail to display valid registration.

Subd. 3) Failure to notify the White Earth Register of transfer of watercraft ownership is prohibited.

Subd. 4) It is prohibited to operate a watercraft in a careless manner or in disregard for the rights and safety of others.

Subd. 5) It is prohibited to operate a watercraft in such manner that its wake or wash endangers, harasses, or unnecessarily interferes with other persons or his/her property.

Subd. 6) It is prohibited to operate a watercraft within 150 feet of a diver warning flag.

Subd. 7) An operator must stop his/her watercraft when signaled to do so by a Conservation Officer.

Subd. 8) It is prohibited for a person under the age of 13 years to operate a watercraft propelled by over 15 HP without supervision of an adult on board.

Subd. 9) It is prohibited operate a watercraft while towing a waterskier or similar person without an observer or mirror.

Subd. 10) It is prohibited to operate a watercraft while under the influence of a controlled substance or alcohol.

Subd. 11) Failure to stop the watercraft when involved in an accident or failure to make a report of an accident to the sheriff (hit and run) is prohibited.

Subd. 12) It is prohibited to operate a watercraft without having at least one lifesaving device per person on board the watercraft.

Subd. 13) It is prohibited to operate a watercraft without required navigational lights at night.

Subd. 14) It is prohibited to remove, destroy or damage buoys.

C.C. 1200.04 Snowmobiles and All Terrain Vehicles (ATV)

Subd. 1) It is prohibited to operate or transport an unregistered snowmobile or ATV.

Subd. 2) It is prohibited to fail to display valid registration.

Subd. 3) It is prohibited to operate a snowmobile or ATV in a wildlife management area.

Subd. 4) It is prohibited to operate a snowmobile or ATV on the shoulder of a roadway or to stop on a roadway.

Subd. 5) It is prohibited to fail to yield.

Subd. 6) It is prohibited to cross a road without lights after dark.

Subd. 7) It is prohibited to operate a snowmobile or ATV in an unsafe or harassing way.

Subd. 8) It is prohibited to operate a snowmobile or ATV at greater rate of speed than circumstances allow.

Subd. 9) It is prohibited to operate a snowmobile or ATV in a careless or reckless or negligent manner or to cause injury or damage to persons, animals, or property.

Subd. 10) It is prohibited for anyone under 16 years of age to operate a snowmobile or ATV on streets, highways, public lands or waters without a valid safety certificate.

Subd. 11) An operator must stop when signaled by a law enforcement officer.

C.C. 1300.00 Indian Burial Mounds and Sites

Subd. 1) It is prohibited to disturb, destroy, molest, or remove any burial mounds, burial sites, or any human remains or Indian artifacts from any site under the White Earth Conservation Code, Private Cemetery Act, National Historical Preservation Act, or the Native American Graves Protection and Repatriation Act.

Subd. 2) In accordance with the National Environmental Policy Act (NEPA), before any new construction is to begin on the Reservation, the construction site must be surveyed, checked, and approved by either the White Earth Biology Department, the Bureau of Indian Affairs, or the State Archaeologist for any Indian burial mounds, sites, or artifacts.

WHITE EARTH RESERVATION
DOG REGISTRATION AND RABIES CONTROL ORDINANCE

I. Introduction

In accordance with the Constitution and By-laws of the White Earth Indian Reservation, and to promote the public's general health and welfare, an ordinance is hereby enacted governing the registration of dogs, the destruction of dogs, and the control of rabies infected animals on the White Earth Indian Reservation.

Section 1. Definitions

"Dog(s)" shall mean any canine animals 6 months of age and over, provided that this paragraph shall not apply to dog(s) owned by non-residents temporarily visiting the White Earth Reservation if the owner presents evidence satisfactory to the Reservation Tribal Council or the Executive Director of the Reservation Business Committee that the animal has received a vaccination against rabies within the preceding 12 months.
"Owner" shall mean any person or persons, firm(s), association(s) or corporation(s) owning, keeping, harboring, or controlling a dog.
"At Large" shall mean any dog off the owner's premises and not under control of a person by a leash, cord, chain, or otherwise.
"Stray" shall mean any dog not having a known owner.
"Rabies vaccination" shall mean the injection subcutaneously or otherwise of canine antirabic vaccine approved by the White Earth Reservation Tribal Council or the Department of Health, Education and Welfare, Public Health Service, received from a licensed veterinarian or at a public clinic which may be established for this purpose by the Reservation Tribal Council.

Section 2. Registration of Dog(s)

No dogs shall be kept, harbored, or maintained within the boundaries of the White Earth Indian Reservation unless such dog has been registered by the owner with the White Earth Wildfire Conservation Department.
The White Earth Reservation Tribal Council shall designate a representative(s) to conduct semi-annual clinics for the registration of all dogs including those acquired by the owner(s) during the interim. The clinics shall be held at a reasonable time and place in each of the 5 communities located on the White Earth Reservation. Each community shall be notified about the clinics a minimum of two weeks in advance. Registration representatives shall issue a "Certificate of Registration" and "Registration Tag" for each dog(s) on the reservation; provided that the owner exhibits a vaccination certificate signed by a licensed veterinarian.
Registration Certificates and Tags issued under this ordinance shall expire on midnight on the last day of the registration year. For the purposes of this ordinance, the registration year shall begin July 1 and end on June 30. Application for renewals may be made for the ensuing registration year during the month of May and upon payment of the fee required in section 2 of this ordinance.
No person shall attach registration tags to a dog(s) unless such dog(s) has been properly registered with the White Earth Wildlife Conservation Department.
The refusal or failure of the owner of any dog(s) to pay the registration fee or any necessary expenses occurred in control of such dog(s) within 30 days after written notice thereof by the White Earth Wildlife Conservation Department shall be deemed abandonment of such dog(s) by the owner.

Section 3. Seizure and Destruction of Domestic Animals

No dog(s) without a registration tag; no dog(s) of a fierce, dangerous or vicious nature, no female dog(s) which becomes a nuisance to other shall be permitted to run at large on the White Earth Reservation. The White Earth Conservation Officers or any person specifically appointed for such purposes are hereby authorized to seize and destroy such dogs.
All at large dogs will be destroyed in a humane and sanitary manner by the White Earth Conservation Officers or by a person designated for such purposes by the White Earth Tribal Council.

Section 4. Control of Rabies Infected Animals

Any dog(s) known to have bitten a person so as to cause an abrasion of the skin, or which appears to be infected by rabies shall be closely confined by the owner by means of a substantial metal chain for a period of 10 days or as may be recommended by a health advisor.
If the owner fails to confine such dog(s) or if the owner is not known, the White Earth Conservation Officers or designated person shall remove the dog(s) to a veterinary hospital or other location as designated by the White Earth Tribal Council and placed under observation, the owner shall in such cases be required to reimburse the White Earth Conservation Department, such quarantine shall remain in effect for a minimum of 10 days after the diagnosis of the last known case of animal rabies within the quarantine area.
No animal subject to the quarantine shall be removed from the quarantine area without written permission from the White Earth Conservation Department. Owner's of domestic animals within a quarantine area shall confine the animals to the owner's premises or maintain them under a leash.
The White Earth Tribal Council Chairman, may on recommendations of a health advisor, require the vaccination of any or all domestic animals in the community during the period of quarantine.

Section 5. Effective Date of Ordinance

The provisions of this ordinance will take effect immediately following its adoption by the White Earth Reservation Tribal Council.

WHITE EARTH BAND OF OJIBWE
FIRE AND BURNING PROVISIONS

Section 1. Definitions.

Backfire: Shall mean a fire intentionally started ahead of, or in the path of, an approaching wildfire for the purpose of burning back toward the wildfire so that when the two fires meet both will die for lack of fuel.
Campfire: Shall mean a fire set for cooking, warming, or ceremonial purposes, which is not more than three feet in diameter by three feet high, and has had the ground five feet from the base of the fire cleared of all combustible material.
Ceremonial Fire: Shall mean a fire set for cooking, warming, or ceremonial purposes, which is not more than three feet in diameter by three feet high, and has had the ground five feet from the base of the fire cleared of all combustible material.
Commercial Purposes: Shall mean the taking or selling for barter, sale or exchange for consideration.
Conservation Officer: Shall mean any person licensed under Minn. Stat. §626 and/or 25 CFR who is duly authorized and/or employed by the White Earth Reservation Tribal Council to provide enforcement of tribal conservation laws.
Firebreak: Any natural or constructed discontinuity in a fuelbed utilized to segregate, stop and control the spread of fire or to provide or control line from which to make a stand to suppress a fire.
Forest: Shall mean a plant association predominantly of trees and other woody vegetation occupying an extensive area of land.
Forest Land: Shall mean land which is at least ten percent stocked by trees of any size and capable of producing timber, or of exerting an influence on the climate or on the water regime; land from which the trees described above have been removed to less than ten percent stocking and which has not been developed for other use; and afforested areas.
Forest Officer: Shall mean an employee or designee of the White Earth Tribal Forestry Program designated by the White Earth Reservation Tribal Council.
Forest Products: Shall mean lumber, lath, shingles, crating, ties, bolts, logs, pulpwood, firewood, or other marketable materials obtained from trees.
Improved Road: Shall mean any road that has a surface improved by gravel, asphalt or concrete.
Motor Vehicle: Shall mean, but not be limited to, any car, truck, automobile, motorized boat, cycle, snowmobile, all-terrain vehicle, airplane or any other vehicle that is motorized.
Open Fire; Open Burning: Shall mean a fire burning in matter, whether concentrated or dispersed, which is not contained within a fully enclosed firebox, structure or vehicle and from which the products of combustion are emitted directly to the open atmosphere without passing through a stack, duct or chimney.
Owner: Shall include the person owning the fee title to any tract of land but does not include an owner of timber thereon or of minerals or any other thing therein when such ownership is separate from the ownership of the surface.
Peace Officer: Shall mean any person licensed under Minn. Stat. §626 who is duly authorized and/or employed by the White Earth Reservation Tribal Council to provide enforcement of tribal laws.
Person: Shall mean any natural person acting either personally or in any representative capacity, a corporation, a firm, a co-partnership, or an association of any nature or kind.
Personal Use: Shall mean any use other than commercial use.
Possession: Shall mean the act of having or taking into control, whether on an individual’s person or in his/her vehicle, home or other structure, or within an area controlled by him/her or within his/her ability to control. Said control can either be actual, constructive, singularly or jointly.
Natural Resources: Shall include all animals, fish, wild rice, forest products and timber and such other naturally occurring animal or plant which are accorded some measure of protection or regulation under the White Earth Conservation Code.
Recreational Fire: Shall mean a fire set for cooking, warming, or ceremonial purposes, which is not more than three feet in diameter by three feet high, and has had the ground five feet from the base of the fire cleared of all combustible material.
Reservation: Shall mean the White Earth Reservation, as established by an Act of March 19, 1867, 16 Stat. 719, is a government agency incorporated into the Minnesota Chippewa Tribe under Federal Charter pursuant to the Indian Reorganization Act of 1934.
Snow-covered: Shall mean that the ground has a continuous, unbroken cover of snow, to a depth of three inches or more, surrounding the immediate area of the fire sufficient to keep the fire from spreading.
Timber: Shall mean and include trees, saplings, bushes, seedlings, and sprouts from which trees may grow, of every size, nature, kind and description.
Wildfire: Shall mean a fire requiring suppression action, burning any forest, brush, grassland, cropland, or any other vegetative material.
Wildfire Areas: Shall mean any tract or area of 1,000 or more contiguous acres of trees, brush, grasslands, or other vegetative material where the potential for wildfire exists.
White Earth Reservation Tribal Council: Shall mean the duly constituted and properly elected governing body of the White Earth Band of Chippewa Indians.
White Earth Tribal Court: Shall mean the Reservation Court established by the Minnesota Chippewa Tribal Constitution and shall have the authority and responsibility for adjudicating violations of these regulations.

bb. White Earth Tribal Forestry Program (WETFP): Shall mean the agency duly authorized by the White Earth Reservation Tribal Council having administrative charge and regulatory control of Indian lands, parks, and timber within the Reservation, and of all records pertaining to the performance of those functions. The enumeration of specific powers and duties herein shall not limit or exclude other powers or duties.

Section 2. Open Burning Restrictions.

(a) Open Burning Without a Permit: Open burning without a permit is allowed only when the ground is snow-covered or for recreational fires. All other forms of open burning require a permit.

(b) Open Burning With a Permit: A permit for open burning may be issued for the following purposes:

Elimination of fire or health hazards that cannot be abated by any other practical means;
Disposal of vegetative matter for purposes of managing forests, prairies or wildlife habitats;
Ground thawing for utility repair and construction;
Disposal of trees, brush, grass and other vegetative matter in the development and maintenance of land and rights-of-way where chipping, composting, or other alternative methods are not practical;
Disposal of diseased shade trees, infested nursery stock, or diseased bee hives;
Disposal of burnable building material such as unpainted or untreated lumber, wood shakes, or other unpainted or untreated wood products generated by construction, where recycling, reuse, chipping or other alternative disposal methods are not practical.

(c) A permit for open burning may be issued under the following conditions:

The prevailing wind at the time of burning must be away from nearby residences and occupied buildings.
The burning must be conducted as far away from a road as possible and controlled so that a traffic hazard is not created.
The burning must be at least 50 feet away from any structure and 200 feet away from an adjacent owner’s occupied structure.
The burning must not be conducted within 500 feet of an airport or landing strip unless the affected airport or landing strip is notified prior to burning.
The burning must not be conducted during the duration of a declared air pollution alert, warning, emergency, or significant harm episode as outlined in 40 CFR, Part 51, Subpart H or 40 CFR, Section 52.1220(c)(1).
The person conducting the open burn shall give notice to the local authority and to a White Earth Tribal Forestry Program (WETFP) representative prior to any open burning within the White Earth Reservation. The notice must include the time and location of the fire.
Propane gas torches or other clean gas burning devices causing minimal pollution must be used to start the burning.
The person conducting the open burning must be present at the burn site from the commencement of burning until the fire is completely extinguished. If a permit is required, the permittee shall have a copy of the permit at the burning site at all times during the burning.
Fires must not be allowed to smolder with no flame present, except when conducted for the purpose of managing forests, prairies, or wildlife habitats.
Fires set or allowed to burn for the purpose of managing forests, prairies, or wildlife habitats must be managed according to a prescribed burn plan approved by the Bureau of Indian Affairs, Forestry.

Section 3. Open Burning Prohibitions.

Open burning prohibitions specified in this section are in effect at all times of the year.

(a) Prohibited Materials: No person shall conduct, cause, or permit open burning of oils, rubber products, plastics, chemically treated materials or other materials which produce excessive or noxious smoke such as tires, railroad ties, chemically treated lumber, composite shingles, tar paper, insulation, composition board, sheetrock, wiring, paint, or paint filters.

(b) Hazardous Wastes: No person shall conduct, cause, or permit open burning of hazardous waste.

(c) Industrial Solid Waste: No person shall conduct, cause, or permit open burning of solid waste generated from an industrial or manufacturing process or from a service or commercial establishment.

(d) Demolition Debris: No person shall conduct, cause or permit open burning of burnable building material generated from demolition of commercial or institutional structures. A farm building is not a commercial structure.

(e) Salvage Operations: No person shall conduct, cause or permit salvage operations by open burning.

(f) Motor Vehicles: No person shall conduct, cause, or permit the processing of motor vehicles by open burning.

(g) Garbage: No person shall conduct, cause, or permit open burning of discarded material resulting from the handling, processing, storage, preparation, serving, or consumption of food.

(h) Burning Ban: No person shall conduct, cause or permit open burning during a burning ban put into effect by a local authority, the White Earth Tribal Forestry Program, or the Minnesota Department of Natural Resources.

Section 4. Controlled Burning.

(a) Program Established. The WETFP may establish a controlled burning program on Indian land to propagate wildlife requiring new vegetative growth and brush habitats, to manage the prairie, and to reduce the wildfire hazard.

(b) Burning Permits. A person may not conduct a controlled burn without a permit.

Section 5. Permit Issuance.

Permits may be issued by designated employees of the White Earth Conservation Department, the White Earth Tribal Forestry Program, and appointed fire wardens.

Section 6. Permit Denial.

A permit application submitted pursuant to these regulations may be denied if:

a practical alternative method of disposal of the material is available, such as chipping or composting;
the burning cannot be conducted according to the conditions established in these regulations; or
a nuisance condition would result from the burning.

Section 7. Permit Revocation.

A permit is subject to revocation if:

a practical method of disposal of the material is found;
a fire hazard exists or develops during the course of the burning;
the permittee violates this ordinance;
any of the conditions of the permit are violated; or
a nuisance condition has resulted from the burning.

Section 8. Wildfire Protection Districts.

(a) The WETFP may create and establish wildfire protection districts, including all lands within the Reservation, upon which there is a probability of wildfires starting, and establish forest officers over these districts. All such wildfire districts heretofore established and now in existence are hereby continued until and unless hereafter abolished by the WETFP.

Section 9. Firebreaks; Prevention of Fires.

The WETFP shall cooperate with the White Earth Housing Authority, the White Earth Public Works Department and the White Earth Cultural Resources Department in the construction of firebreaks.
All housing, commercial or industrial developments situated in any wildfire area are hereby required to clear off all combustible material and debris and create at least two good and sufficient firebreaks of not less than ten feet in width each, which shall completely encircle such developments at a distance of not less than 20 rods apart, between which backfires may be set or a stand made to fight wildfires in case of emergency.

Section 10. Roadsides, Clearings; Firebreaks.

All highways, roads and trails within wildfire areas are declared to be established firebreaks and for that purpose the White Earth Reservation, through the White Earth Tribal Forestry Program, is authorized to clean up all dead and down timber, all underbrush, rotting logs, stumps, tall grass, and all other combustible refuse and debris along each side of these highways, roads, and trails for a distance of 200 feet on each side from the center thereof, all this material to be burned or disposed of under the supervision of a forest officer in such manner as not to injure the growing timber.
All dead and useable timber taken out of these roadsides shall be piled for the immediate removal thereof by the owners of the land from which the same was removed.

Section 11. Fighting Wildfires, Performance of Duty, Authority of White Earth Forest Officers.

Under the direction of the WETFP, forest officers are charged with preventing and extinguishing wildfires in their respective districts and the performance of such other duties as may be required by the WETFP. They may arrest without warrant any person found violating any provisions of these regulations, take the person before the White Earth Tribal Court, and the person so charged shall be arraigned and given a hearing on the complaint. The forest officers shall not be liable in civil action for trespass committed in the discharge of their duties. All authorized Reservation forest officers, fire wardens, conservation officers, Minnesota Department of Natural Resources firefighters, Bureau of Indian Affairs fire fighters or individuals legally employed as firefighters, may, in the performance of their duties of fire fighting, go onto the property of any person, company, or corporation and in so doing may set back fires, plow trenches, cut timber for clearing fire lines, dig water holes, remove fence wire to provide access to the fire or carry on all other customary activities necessary for the fighting of wildfires without incurring a liability to anyone, except for damages arising out of willful or gross negligence.
Any forest officer may serve any warrant for the arrest of any person violating any provision of these regulations.

Section 12. Assisting With Wildfire Suppression, Commandeering Property.

Any able-bodied person so summoned who refuses or neglects or otherwise fails to assist in extinguishing such fire or who fails to make all reasonable efforts to that end, until released by the summoning Reservation employee, shall be guilty of a misdemeanor. The forest officer shall have power to commandeer, for the time being, equipment, tools, appliances, or other property in the possession of any person either summoned to assist in extinguishing the fire or in the vicinity thereof, and to use, and to require the persons summoned to use, the commandeered property in the fighting and extinguishing of the fire.

Section 13. Disposal of Slashings and Debris.

Where and whenever in the judgment of the WETFP or any forest officer there is or may be danger of starting and spreading of wildfires from slashings and debris from the cutting of timber of any kind for any purpose, or from any accumulation of sawdust, shavings, chips, bark, edgings, slabs or other combustible refuse for the manufacture of lumber or other timber products, the WETFP or forest officer shall order the person by or for whom the timber products have been or are being cut or manufactured to dispose of the same in such a way as to establish a safe fire line around the area requiring such protection, the fire line to be of a width and character satisfactory to the WETFP, or otherwise to dispose of the same so as to eliminate the wildfire hazard.
When any person who has been directed by the WETFP or forest officers to dispose of such slashings, debris, or refuse fails to comply with these directions, the person shall be deemed guilty of a misdemeanor.
When any such slashings, debris, or refuse are not disposed of or are left unattended for a period of time exceeding thirty (30) days contrary to the instructions of the WETFP or forest officer, the WETFP or any forest officer or fire warden may go upon the premises with as many workers as may be necessary and burn or otherwise dispose of the same and the expense thereof shall be charged to the responsible party. An itemized statement verified by the WETFP or forest officer of the amount of the costs and expenses incurred in burning or other disposal of these slashings, debris or refuse shall be filed within ninety (90) days from the time the disposal thereof is completed in the office of the Clerk of the White Earth Tribal Court. The amount of the bill shall be a valid claim that may be collected in a civil action from the person who cut or manufactured the wood, timber, or timber products from which the slashings, debris or refuse were produced. Any monies so collected shall be paid to the WETFP and deposited according to departmental procedures.
Any person who cuts or fells trees or bushes of any kind in clearing land for any purpose is hereby prohibited from setting fire to any slashings, brush, roots, or excavated stumps or other combustible material on such land and letting the fire run; but the same must be disposed of pursuant to the rules or directions of the WETFP.
Any contractor who enters into a contract for the construction of a public road or other work, which involves the cutting or grubbing of woods, standing timber, or brush, shall properly dispose of such slashings and debris without damage to adjoining timber or woods. The foregoing provisions shall not prevent the leaving of such trees along roads as will be useful for ornamental purposes and which will not interfere with travel.
Every contract made by or on behalf of any municipality or political subdivision which involves the cutting of any timber on the right-of-way of a public highway shall provide terms for compliance with the foregoing provisions, but the failure to include this provision in the contract shall not relieve the contractor from the duty to dispose of these slashings.
In all cases herein provided for, where timber is not cut in, upon, or adjoining any forest land and no specific directions are given by the WETFP or forest officer for the disposal of the slashings and debris resulting therefrom, all such slashings and debris within 200 feet of any adjoining timber land or any public highway, railroad, portage, or lake shore shall be properly disposed of by the person by or for whom the timber was cut.
No sawdust, shavings, chips, bark, edgings, slabs, or other combustible refuse that the WETFP or an agent of the WETFP determines to be a wildfire hazard shall be made or deposited upon any public highway or portage, railroad, or lake shore, or within 100 feet thereof.

Section 14. Campfires.

(a) Extinguishment. Any forest officer, conservation officer or peace officer who finds that any person has left a campfire burning shall take measures to extinguish the fire and take action against the person or persons responsible for leaving the campfire burning.

(b) Not To Be Left Burning. Every person who starts a campfire shall exercise every reasonable precaution to prevent the campfire from spreading and shall, before lighting the campfire, clear the ground of all combustible material within a radius of five feet from the base of the campfire. The person lighting the campfire shall remain with the campfire at all times and shall completely extinguish the campfire before leaving the site.

Section 15. Starting Fires; Burners, Failure to Report a Fire.

Except as provided in Section 15(b), it shall be unlawful to start or have any open fire without the written permission of the WETFP, a forest officer, or an authorized fire warden.
No permit is required for the following fires:

A fire started when the ground is snow-covered.
A campfire.
A fire contained in a charcoal grill, camp stove, or other device designed for the purpose of cooking or heating.
A fire to burn dried vegetative materials and other materials allowed by White Earth ordinances and in a burner of a design which has been approved by the WETFP and with which there is no combustible material within five feet of the base of the burner and is in use only between the hours of 6:00 p.m. and 8:00 a.m. of the following day, when the ground is not snow-covered.

The occupant of any property upon which any unauthorized fire is burning, whether the fire was started by the occupant or otherwise, shall promptly report the fire to the nearest forestry office, fire department, or other proper authority. Failure to make this report shall be considered a violation of Section 17 of these regulations.
A permit to start a fire to burn vegetative materials and other materials allowed by these regulations or derivative regulations may be given by the WETFP or the WETFP’s agent or designee and shall be signed by said officer. The permit shall also specifically list the materials that may be burned. The permittee must have the permit on his or her person and shall produce the permit for inspection when requested to do so by a forest officer, conservation officer, or other peace officer. The permittee shall remain with the fire at all times and before leaving the site shall completely extinguish the fire. A person shall not start or cause a fire to be started on any land that is not owned or under their legal control without the written permission of the owner, lessee, or an agent of the owner or lessee of the land. Violating or exceeding the permit shall constitute a violation of Section 17 of these regulations.

Section 16. Fire Wardens.

The White Earth Reservation Tribal Council may appoint local government officials, authorized pollution control agents, fire chiefs, or other responsible persons to be fire wardens in their respective districts.

Section 17. Penalties.

(a) Failure to Extinguish A Fire. A fine of up to $250 will be imposed to any person who starts and fails to control or extinguish a fire, whether on property that person owns or on the property of another, before the fire endangers or causes damage to the property of another person or the Reservation.

(b) Failure to Control a Permit Fire. A fine of up to $250 will be imposed on any person who has a permit and fails to keep the permitted fire contained within the area described on the burning permit or who fails to keep the fire restricted to the materials specifically listed on the burning permit.

(c) Careless or Negligent Acts. A fine of up to $250 will be imposed on any person who carelessly or negligently starts a fire that endangers or causes damage to the property of another person or the Reservation.

(d) Careless or Negligent Acts. A fine of up to $250 will be imposed on any person who participates in an act involving careless or negligent use of motor vehicles, other internal combustion engines, firearms with tracers or combustible wads, fireworks, smoking materials, electric fences, torches, flares, or other burning or smoldering substances whereby a fire is started and is not immediately extinguished before the fire endangers or causes damage to the property of another person or the Reservation.

(e) Internal Combustion Engines. A fine of up to $250 will be imposed on any person who operates a vehicle in a wildfire area when the ground is not snow-covered with an open exhaust cut-out, without a muffler, without a catalytic converter if required, or without a spark arrestor on the exhaust pipe; or any person who operates a tractor, chainsaw, or other internal combustion engine not equipped to prevent fires.

(f) Failure to Report a Fire. A fine of up to $250 will be imposed on a person failing to report a fire as outlined in Section 15(c) of these regulations.

(g) Violation of Section 15(d) of these regulations will result in a fine of up to $250.

Section 18. Wildfire Prevention; Prohibitions, Banning; Penalties.

Road Closure and Burning Ban.

(1) Road Closure. When the WETFP shall determine that conditions conducive to wildfire hazards exist in the wildfire areas of the Reservation and that the presence of persons in the wildfire areas tends to cause wildfire hazards, render forest trails impassable by driving thereon during wet seasons and hampers the effective enforcement of White Earth Band timber trespass and game laws, the WETFP may, by written order, close any road or trail leading into any land used for any conservation purposes, to all modes of travel except that considered essential such as residents traveling to and from their homes or in other cases to be determined by the authorized forest officers assigned to guard the area.

(2) Burning Ban. The WETFP may also, upon such determination, by written order, suspend the issuance of permits for open fires, revoke or suspend the operation of a permit previously issued and, to the extent the WETFP deems necessary, prohibit the building of all or some kinds of open fires in all or any part of a wildfire area regardless of whether a permit is otherwise required; and the WETFP also may, by written order, prohibit smoking except at places of habitation or in automobiles or other enclosed vehicles properly equipped with a sufficient ash tray.

The WETFP may close any public or private dumping area, by posting such area as closed to dumping, whenever the WETFP deems it necessary for the prevention of wildfires. Thereafter no person shall deposit refuse of any kind within or adjacent to such closed area, or along the road leading thereto. The WETFP shall establish such minimum standards governing public and private dumping areas as the WETFP deems necessary for the prevention of wildfires.
Any violations of this section shall constitute a misdemeanor.

[Enacted Through Resolution 055-99-001, April 7, 1999.]

DRAFT
WHITE EARTH RESERVATION
SOLID WASTE DISPOSAL AND RECYCLING ORDINANCE

FINDINGS

The White Earth Reservation Tribal Council recognizes that the sanitary and environmentally-sound disposal of solid waste is important to the health, welfare and safety of the public and residents of the Reservation. The Tribal Council also recognizes that proper waste disposal is important to the protection of the Reservation environment and natural resources. Inefficient, inappropriate, and unsanitary disposal of solid waste can have adverse impacts on the land and waters of the White Earth Reservation. Waste items that can be recycled to reduce the amount of waste requiring final disposal should be recycled.

AUTHORITY

This Ordinance is promulgated based on the authority of the White Earth Indian Reservation to enact as prescribed by the White Earth Conservation Code, Section 800.00 "Promiscuous Dumping ad Littering Regulations."

APPLICABILITY

This Ordinance applies to the activities on the White Earth Reservation of members and non-members of the Band.

DEFINITIONS

"Collection Site" means any place where solid wastes are present.
"Collector" means any natural or legal person, and that person's employee and agents, who gather from another person that person's solid waste.
"Hazardous Waste" means any solid waste defined as hazardous waste by the US Environmental Protection Agency under the provisions of the Resource Conservation and Recovery Act of 1976, as amended.
"Non-resident" means any person who does not have a permanent place of abode on the Reservation, except as hereafter provided. Non-resident does not mean any temporal or seasonal resident, and does not mean any place of business, for purposes of solid waste generated at the business.
"Reservation" means the White Earth Reservation.
"Solid Waste" means all waste, garbage, rubbish, offal, trash and other discarded solid waste material resulting from residential, commercial, agricultural, industrial, community, and other human activities, including liquid waste contained within solid waste, including hazardous waste, but does not include sewage and human wastes.
"Transfer Station" means the existing solid waste collection site owned by the White Earth Band or White Earth Housing Authority for the purpose of collecting, transporting, and disposing of solid waste.
"Reservation Tribal Council" means the Reservation Tribal Council of the White Earth Band.
"White Earth Housing Authority" means the White Earth Housing Authority of the White Earth Band.
"Band" or "Tribe" means the White Earth Band of Minnesota Chippewa Indians.
"Solid Waste Operator" means the Reservation Tribal Council or White Earth Housing Authority employee or appointee for the operation and maintenance of solid waste collection and disposal sites on the Reservation.

SOLID WASTE STORAGE

Solid waste within the reservation boundaries shall be handled, stored, collected, transported, transferred, processed and disposed of in accordance with the provisions of this ordinance.
The owner or occupant of any premises, business, establishment, or industry shall be responsible for the sanitary storage of all solid waste accumulated at the premises, business establishment or industry.
Solid waste shall be stored in durable, rust resistant, non-absorbent, water tight, rodent proof, and easily cleanable containers with a close fitting, insect-tight cover.
Unless otherwise provided for in a written rental agreement or lease, the tenant of any single unit detached residence and the landlord of any multi-unit residence shall be responsible for the provision and maintenance of containers as specified in paragraph (c) above.
Solid waste shall be transferred to the proper disposal site by the responsible party in a timely manner, to prevent noxious odors and other public nuisance conditions.

SOLID WASTE DISPOSAL

No person shall leave, deposit, or dump solid waste anywhere within the Reservation except at designated disposal or collection sites approved by the Reservation Tribal Council.
No non-resident shall dispose of solid waste anywhere within the Reservation.
No person shall dispose of any solid waste generated outside the boundaries of the reservation on any lands, collections sites, dumping sites, or landfills within the boundaries of the Reservation.
No person shall dispose of solid waste on any private or public residential property, where disposal of such waste will cause a public nuisance or health hazard, by causing noxious odors to escape or by infestation of insects or rodents.
No person shall deposit solid waste from any stopped or moving vehicle onto state, county, or tribal highways, roads or right of ways, within the Reservation.
No person shall dispose of any hazardous waste within the Reservation.
No person shall dispose of solid waste at a collection disposal site on the Reservation except in a manner approved by the Solid Waste Operator or appointee and only during posted days and hours of operation, as established by the Reservation Tribal Council.
No person shall destroy, deface, or otherwise damage any collection/disposal or recycling site.

SOLID WASTE RECYCLING

All solid waste transported on the Reservation shall be collected and transported in a manner that prevents the waste from leaking, blowing off, or falling from the transport vehicle.
Commercial vehicles or containers used for the collection and transportation of garbage and other putrescible wastes, or solid waste containing such materials, shall be covered, leak-proof, durable, and of easily cleanable construction. These shall be cleaned to prevent the nuisances, pollution, or insect breeding and shall be maintained in good repair.
No commercial collector or transporter of solid waste shall operate or conduct business on the Reservation without the expressed, written consent of the Reservation Tribal Council or White Earth Housing Authority.

SOLID WASTE DISPOSAL FEE

Annually, the Reservation Business Council will establish the fee rates to be charged to individuals for disposal of solid waste as the designated waste collection and disposal sites on the Reservation.

ENFORCEMENT

All Reservation Conservation enforcement personnel shall be empowered to enforce this ordinance.
Actions for violation of this Ordinance may be commenced in the Conservation Court of the Minnesota Chippewa Tribes by conservation citation or by summons and complaint.
Violation of any provision of this ordinance may be punished or remedied by a civil forfeiture not to exceed $300. Each day of any continuing violation may be charged as separate violation, and a separate forfeiture may be imposed.
In addition to a civil forfeiture, any personal property, including vehicles and other equipment, which has been used in connection with the violation of this ordinance may be seized and forfeited pursuant to the appropriate section of the White Earth Conservation Code.
Nothing herein shall prevent the White Earth Band from bring suit against any violator of this ordinance for money, damage for harm to any Band resources or the environment caused by the violation, or for injunctive relief.
Any person may bring suit in tribal court to enjoin a violation of this ordinance.
Any solid waste disposal facilities or illicit dump sites in existence on the effective date of this Ordinance shall conform to the provisions of this ordinance by January 1, 1993.

ADMINISTRATION

The Reservation Tribal Council shall be responsible for the administration of this ordinance and any tribal solid waste collection facilities.
This ordinance is effective:

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 will not be affected hereby. The Reservation Tribal Council declares there is no liability on the part of the Band, its agencies, or employees for damages that may occur as a result of reliance upon or conformance with this ordinance. The Reservation Tribal Council, by adoption of this Ordinance, does not waive sovereign immunity in any respect.

WHITE EARTH BAND OF OJIBWE
MIGRATORY GAME BIRD HUNTING PROVISIONS

Section 1. Scope of Regulation.

The regulations contained in this part relate only to the hunting of migratory game birds and crows.

Section 2. Implementation of 50 CFR 10.

This section implements the Migratory Bird Treaty Act (16 U.S.C. §703-712), 50 CFR 10, listed for the protection of migratory game birds, migratory insectivorous birds and other migratory non-game birds. (Copy may be obtained from White Earth Reservation Licensing Office).

Section 3. Reference to White Earth Conservation Code, Hunting Provisions.

This section implements White Earth Conservation Code, C.C. 400.00, Hunting Provisions. Refer to C.C. 400.01, 400.02, 400.03, 400.05, and 400.06 for additional regulations pertaining to the hunting and taking of migratory birds.

Section 4. Definitions.

For the purpose of this part, the following terms will be construed, respectively, to mean and to include:

Closed Season: Means the days on which migratory game birds cannot be taken.
Commercial Use: Means the taking or selling for barter, sale or exchange for consideration.
Daily Bag Limit: Means the maximum number of migratory game birds permitted to be taken by one person in any one day during the open season.
Falconry: Means the taking of migratory game birds by means of a trained raptor.
Firearm: Means any crossbow, rifle, handgun or shotgun, with or without ammunition.
Hunting: Means the taking or attempting to take migratory game birds by means of a firearm or bow.
Migratory Bird Preservation Facility: Means:

Any person, who, at his or her residence or place of business and for hire or other consideration; or
Any taxidermist, cold-storage facility or locker plant which, for hire or other consideration; or
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.

Migratory Game Birds: Means those migratory birds included in the terms of conventions between the United States and any foreign country for the protection of migratory birds, for which open seasons are prescribed in this part and belong to the following families:

Anatidae (ducks, geese, brant, and swans);
Columbidae (doves and pigeons);
Gruidae (little brown cranes);
Rallidae (rails, coots, and gallinules); and
Scolopacidae (woodcock and snipe).

A list of migratory birds protected by the international conventions and the Migratory Bird Treaty Act appears in 50 CFR 10. Refer to Section 2 above.

Motor Vehicle: Means, but is not limited to, any car, truck, automobile, motorized boat, motorcycle, snowmobile, all-terrain vehicle, airplane or any other vehicle that is motorized.
Natural Resources: Includes all animals, fish, wild rice, forest products and timber and such other naturally occurring animal or plant.
Nontoxic Shot: Any shot type that does not cause sickness and death when ingested by migratory birds as determined by criteria established under 50 CFR 20, §20.134. Only steel shot, bismuth-tin shot, tungsten-polymer shot, tungsten matrix shot, tungsten-iron shot, tin or copper-, nickel-, or zinc-plated steel shot (or other nontoxic shot approved by the director of the US Fish & Wildlife Service).
Nontoxic Shot Zone: All land and water areas within the boundaries of the White Earth Reservation are considered nontoxic shot zones for waterfowl hunting.
Open Season: Means the days on which migratory birds may lawfully be taken. Each period prescribed as an open season will be construed to include the first and last days thereof.
Paraplegic: Means an individual afflicted with paralysis of the lower half of the body with involvement of both legs usually due to disease of or injury to the spinal cord.
Personal Use: Means any use other than commercial use.
Possession: Means the act of having or taking into control, whether on an individual’s person or in his or her vehicle, home or other structure, or within an area controlled by him or her or within his or her ability to control. Said control can either be actual, constructive, singularly or jointly.
Raptor: Means a live bird of the families Falconidae, Accipitridae, Tytonidae and Strigidae.
Taking: Means the act of pursuing, hunting, shooting, wounding, killing, trapping, capturing, or collecting, or attempting to pursue, hunt, shoot, wound, kill, trap, capture, or collect any of the White Earth Reservation’s natural resources for any purpose.
Wanton Waste: Means the intentional destruction of, damage to or discarding of any natural resource which is commonly considered consumable, commercial or saleable.
Waterfowl: Means Anatidae (ducks, merganser, geese [including brant]), and coots (Fulica americana).
White Earth Reservation: Means the White Earth Reservation, as established by an Act of March 19, 1867, 16 Stat. 719, is a government agency incorporated into the Minnesota Chippewa Tribe under Federal Charter pursuant to the Indian Reorganization Act of 1934.
White Earth Reservation Biology Department: Means the tribal governmental agency duly authorized by the White Earth Reservation Tribal Council having administrative charge and regulatory control over all natural resources within the White Earth Reservation. The enumeration of specific powers and duties herein will not limit or exclude other powers or duties.
White Earth Reservation Conservation Department: Means the tribal governmental agency duly authorized by the White Earth Reservation Tribal Council having enforcement authority of the White Earth Conservation Code and any other code, law, or ordinance having effect on the natural resources within the White Earth Reservation. The enumeration of specific powers and duties herein will not limit or exclude other powers or duties.
White Earth Reservation Tribal Council: Means the duly constituted and properly elected governing body of the White Earth Band of Ojibwe.

Section 5. Firearms Regulations.

Waterfowl may only be taken by a shotgun not larger than 10 gauge in size using fineshot ammunition of any size which does not contain lead and is nontoxic as defined in Section 4(k) above.
Migratory birds may not be taken with a shotgun of any description capable of holding more than five shells, unless it is plugged with a one-piece filler, incapable of removal without disassembling the gun, so its total capacity does not exceed five shells.

Section 6. Hunting Methods.

Migratory birds on which open seasons are prescribed in this part may be taken by any method except those prohibited in this section. No person may take migratory birds:

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;
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;
From or by 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;
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;
By means or aid of any motor-driven land, water, or air conveyance, or any sailboat used for the purpose of resulting in the concentrating, driving, rallying, or stirring up of any migratory bird;
By the use or aid of live birds as decoys; although not limited to, it will be a violation of this paragraph for any person to take migratory waterfowl on 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;
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;
By the aid of baiting, or on or over any baited area. As used in this paragraph, "baiting" will mean the placing, exposing, depositing, distributing, or scattering of shelled, shucked, or unshucked corn, wheat or 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;
While possessing shot (either in shotshells or as loose shot for muzzleloading) other than nontoxic shot as described in Section 4(k) above. Provided that:

This restriction applies only to the taking of Anatidae (ducks, merganser, geese [including brant]), and coots (Fulica americana).
Nontoxic shot is required for the purpose of hunting or taking waterfowl with a muzzleloader (loose shot).

Section 7. Closed Seasons.

No person may take migratory game birds during the closed season.

Section 8. Shooting Hours.

Migratory game birds may be taken during open season one-half hour before sunrise to one-half hour after sunset.

Section 9. Wanton Waste of Migratory Game Birds.

No person may take or attempt to take any migratory game bird under this part without making a reasonable effort to retrieve the bird, and retain it in his or her actual field possession limit.

Section 10. Field Possession Limit.

No person may possess, have in custody, or transport more than the daily limit of migratory game birds, at or between the place where taken and:

his or her automobile or principal means of land transportation; or
his or her personal abode or temporary or transient place of lodging; or
a migratory bird preservation facility; or
a post office; or
a common carrier facility.

Section 11. Possession of Live Birds.

Every migratory game bird wounded and reduced to possession by the hunter must be immediately killed and become a part of the daily bag limit. No person may at any time, or by any means, possess or transport live migratory game birds taken under authority of this part.

Section 12. Transportation of Birds of Another.

No person may transport migratory game birds belonging to another person.

Section 13. Species Identification Requirement.

No person may transport within the United States any migratory game birds, except doves and band-tailed pigeons (Columba fasciata), unless the head and/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 a migratory bird preservation facility.

Section 14. Commercial Use of Feathers.

Any person may possess, purchase, sell, barter, or transport for the making of fishing flies, bed pillows, and mattresses, and for similar commercial uses the feathers of migratory waterfowl (ducks, geese, brant and swans) killed by hunting under this part, or seized and condemned by the White Earth Reservation Biology Department or the White Earth Reservation Conservation Department, except that:

No person may purchase, sell, barter, or offer to purchase, sell, or barter for millinery or ornamental use the feathers of migratory game birds taken under authority of this part; and
No person may purchase, sell, barter, or offer to purchase, sell, or barter mounted specimens of migratory game birds taken under authority of this part.

Section 15. Personal Use of Feathers or Skins.

Any person for his or her own use may possess, transport, ship, import, and export without a permit the feathers and skins of lawfully taken migratory game birds.

Section 16. Hunting Regulations for Crows.

The White Earth Reservation Biology Department may by regulation prescribe a hunting season for crows. Such regulations may set forth the method of taking, the bag and possession limits, the dates and duration of the hunting season, and such other regulations as may be deemed appropriate, subject to the following limitations:

Crows may not be hunted from aircraft;
The hunting season or seasons on crows will not exceed a total of 124 days during a calendar year;
Hunting will not be permitted during the peak crow nesting period;
Crows may only be taken with legal firearms (including shotguns not larger than 10 gauge or handguns or rifles of any caliber), bow and arrow, and falconry;
Crows may be taken by the use or aid of recorded or electronically amplified calls or sounds. Electronic devices may not be left unattended;
Crows taken must be retrieved and removed from the field;
Persons may take crows at any time of the year when found committing or about to commit depredations upon ornamental or shade trees, agricultural crops, livestock or wildlife, or when concentrated in such numbers and manner as to constitute health problems or other nuisances;
Crows’ nests and eggs may not be disturbed at any time.

[Enacted Through Resolution 057-99-007, July 22, 1999.]

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