10-08-93
CONSERVATION CODE
Bay Mills Indian Community
CHAPTER I GENERAL PROVISIONS
11.01 Definitions. As used in this ordinance, the following
terms shall have the meanings given to them in this section:
a. "Conservation Committee" shall mean a nine (9) member
committee constituted as set forth in Section 12.01
which shall have authority and responsibility for
regulation of all matters pertaining to hunting,
trapping and fishing.
b. "Bay Mills Indian Community" shall mean all territory
within the original confines of the Bay Mills
Reservation purchased under the Act of June 19, 1860
(12 Stat. 58), and to such other land within or
without said boundary line as may be added thereto.
c. "Executive Council" shall be the duly constituted
Executive Council of the Bay Mills Indian Community.
d. "Special Permit" shall mean a card issued by the
Conservation Committee exempting the recipient from
one or more of the regulations contained herein, upon
a finding by the Committee that granting the exemption
will not endanger the resource.
e. "Ceded Territory" shall mean the land and water ceded
by the Treaty of March 28, 1836 (7 Stat. 491),
generally described as: "Beginning at the mouth of
Grand river of Lake Michigan on the north bank
thereof, and following up the same to the line called
for, in the first article of the treaty of Chicago of
the 29th of August 1821, thence, in a direct line, to
the head of Thunder-Bay river, thence with the line
established by the treaty of Saganaw of the 24th of
September 1819, to the mouth of said river, thence
northeast to the boundary line in Lake Huron between
the United States and the British province of Upper
Canada, thence northwestwardly, following the said
line, as established by the commissioners acting under
the treaty of Ghent, through the straits, and river
St. Mary's, to a point in Lake Superior north of the
mouth of Gitchy Seebing, or Chocolate river, thence
south to the mouth of said river and up its channel to
the head of the Skonawba river of Green Bay, thence
down the south bank of said river to its mouth, thence
in a direct line, through the ship channel into Green
bay, to the outer part thereof, thence south to a
point in Lake Michigan West of the north cape, or
entrance of Grand river, and thence east to the point
of beginning, at the cape aforesaid, comprehending all
the lands and islands within these limits, not
hereinafter reserved."
f. "Exclusive Territory" shall mean the lands of the Bay
Mills Reservation and the waters of Lake Superior
specifically reserved for fishing by members of the
Bay Mills Indian Community in Article 3 of the Treaty
of March 28, 1836 (7 Stat. 491).
g. "Authorized Enforcement Personnel" shall mean federal
enforcement agents and tribal law enforcement
personnel. State game wardens may only check for
permits within the Ceded Territory.
h. "Member" shall mean those persons listed on the
Current Membership Roll as provided in Article III
Section 4 of the Constitution and Bylaws of the Bay
Mills Indian Community, as amended.
12.01 Composition of Conservation Committee. The Conservation
Committee shall consist of nine persons, who are members of,
and elected by, the members of the Community.
12.02 Powers of Conservation Committee. The Conservation
Committee shall perform all duties and responsibilities and
exercise authority delegated to it by the General Tribal
Council by this ordinance, including but not limited to:
a. Issuance of Fishing Identification Licenses, Commercial
Fishing Licenses, Hunting Identification Licenses,
Special Permits, or any other license or permit
authorized by these regulations.
b. Setting of seasons where none are specifically
provided, closing or shortening seasons when necessary
for the preservation of the resource, or extending or
opening seasons when it is determined that it will not
harm the resource.
c. Setting limits on the manner or amount of taking any
fish or game when necessary for the conservation (of
the resource, and altering limits specifically provided
by these regulations.
d. Reviewing on an annual basis or more frequently the
numbers of each type of Permit or License outstanding,
with particular emphasis on an Commercial Licenses or
Special Permits which may be outstanding, to determine
whether or not it is in the best interests of
conservation to continue such permits.
e. Keeping and maintaining an up-to-date and accurate list
of all persons to whom each type of permit has been
issued.
f. Establishing regulations concerning methods of
harvesting natural resources.
g. Developing such information as the Committee may
determine appropriate concerning member harvest of
natural resources, including the imposition of
reporting requirements for permit and license holders.
12.03 a. Election of Committee Members. The members of the
Conservation Committee shall be elected by a majority
vote of the members of the Bay Mills Indian Community
and shall serve a four-year term, the first term
commencing November, 1977. Until such time as an
election shall be held, the voting members of the
Conservation Committee shall be appointed by the
Executive Council. In the event that a vacancy shall
occur in the membership of the Committee, the Executive
Council shall appoint a member of the Community to fill
such vacancy upon the recommendation of the
Conservation Committee and such appointed member shall
serve for the remainder of the term. Commencing with
November, 1977, five members of that Committee shall be
elected for a four-year term, and four members shall be
elected for a two-year term. After that election, all
terms shall be for four years. All elections shall be
conducted by the Election Committee in accordance with
the provisions of the Election Ordinance.
b. Removal from Committee. In the event that a charge of
bias, malfeasance or failure to attend to the duties of
the Committee is brought against a member of the
Conservation Committee, such charge shall be
investigated by the Executive Council. If it shall
find the charges to be based on fact for which the
Committee member has no valid excuse, the Executive
Council shall remove the member from the Committee and
shall fill the vacancy so created pursuant to the above
subsection.
c. Failure to Attend Meetings. If any member shall fail
to attend three (3) consecutive regularly scheduled
meetings of the Conservation Committee, that member
shall automatically be removed from the Committee, and
his seat shall be declared vacant and shall be filled
by the Executive Council pursuant to subsection (a).
d. Qualifications for Committee Membership. Any member of
the Bay Mills Indian Community is eligible for election
to the Conservation Committee who has attained the age
of 18 years by the date of the election. Judges of the
Tribal Court or of the Chippewa-Ottawa Conservation
Court, tribal, state and federal conservation wardens,
and members of the Executive Council shall not serve as
members of the Conservation Committee.
13.01 Powers of Tribal Court to Limit Licenses. Any license or
permit authorized by this Code may be suspended or revoked
by the Tribal Court upon a finding of a violation of any of
the following regulations:
a. Allowing any other person to make use of the license,
regardless of whether or not such person would qualify
to receive such a license.
b. Taking, assisting in taking, possessing or transporting
any game prohibited in Section 33.02(b) or any game or
fish which have been determined rare or endangered by
the Conservation Committee. or corporation for
killing, wounding, catching, taking, trapping or
attempting to kill, wound, catch, take, trap or having
in possession any of the following named protected
fish, small game, big game, or fur-bearing animals, or
any part thereof, and the sum assessed for damages for
each animal or fish shall not be less than the amount
hereinafter stated in this Section:
(1) Any moose, elk, fisher, marten, timber wolf, or
any other animal listed in the current edition of
Rare and Endangered Fish and Wildlife of the
United States
$500
(2) Any deer or bear $350
(3) Any beaver, mink or otter $100
(4) Any raccoon $100
(5) Any rabbit, muskrat or squirrel $ 30
(6) Any ruffed grouse or other small game as defined
in Section 31.01(g) and not mentioned herein
$ 50
(7) Any migratory bird as defined in Section 31.01(e)
$ 50
(8) Any muskellunge, sturgeon, lake trout or other
fish listed in the current edition of Rare and
Endangered Fish and Wildlife of the United States
$100
(9) Any brook trout, brown trout, grayling, northern
pike, rainbow trout, walleye, whitefish,
smallmouth bass or Menominee whitefish
$ 50
(10) Any herring, (Cisco, chub, alewife, smelt, or
other fish not mentioned herein
$ 30
14.02 Institution of Civil Action against Non-Member. Any person
who is aware of or witnesses a violation of Section 14.01
shall report such to an authorized enforcement officer. The
Officer shall immediately notify the alleged violator in
writing of the infraction charged and request his appearance
at a hearing to be held within ten (10) days of the notice.
At the hearing, the alleged violator shall have the
opportunity to respond to the charges. The Tribal Court
shall make a determination of liability pursuant to the
Tribal Court Code, and shall assess damages pursuant to
Section 14.01.
14.03 Default Judgment. Failure of an alleged violator to appear
or give good cause why he or she cannot appear at the hearing
shall result in the entry of a default judgment against him
or her.
14.04 Enforcement of Judgment by Federal Court. Any judgment
entered pursuant to Sections 14.02 and 14.03 shall be
reviewable and enforceable in the United States District
Court for the Western District of Michigan.
14.05 Disposition of Money Paid. Any damages recovered from a
non-member violator shall be paid into Community funds.
CHAPTER II FISHING REGULATIONS
21.01 Definitions. As used in this Code, the following terms shall
have the meanings given to them in this Section:
a. "Fishing Identification Permit" shall mean a card issued
by the Conservation Committee to a member of the Bay
Mills Indian Community which permit authorizes him to
fish in accordance with the provisions of this Code.
b. "Commercial Fishing Permit" shall mean a card issued by
the Conservation Committee to a member of the Bay Mills
Indian Community under the provisions of Section 24.01
of this Code.
c. "Commercial purposes" shall mean the taking of fish for
barter or sale.
d. "Personal use" shall mean the taking of fish for any
purpose other than commercial purposes.
e. "Rough fish" shall include carp, bullheads, perch,
suckers, burbot and coho.
22.01 Tribal Permit Exclusive. No member of the Bay Mills Indian
Community shall be required to purchase or possess a Michigan
Fishing License when fishing within the Ceded Territory or
Exclusive Territory or when possessing or transporting fish,
lawfully taken within the Ceded Territory or Exclusive
Territory, anywhere within the State of Michigan, provided
that he or she has in his/her possession a valid Fishing
Identification Permit.
22.02 Tribal Permit Required. Every member of the Bay Mills Indian
Community who takes fish within the Ceded Territory or
Exclusive Territory shall have in his/her possession a proper
Fishing Identification Permit. This permit must be in
possession in order to take, transport, or possess fish
within the Ceded Territory or Exclusive Territory and to
possess or transport fish lawfully taken within the Ceded
Territory or Exclusive Territory anywhere within the State of
Michigan.
22.03 Permit Fees. Fees may be charged by the Conservation
Committee for issuance of the permits required by Sections
22.02 and 24.01.
23.01 Applicable Regulations. All rules and regulations pertaining
to taking, possession or transportation of fish shall be as
adopted in this Code, subject to amendment on an annual basis
by the Conservation Committee.
23.02 Harvesting Restrictions. There shall be no limitation on the
taking of rough fish for personal use. The following
regulations are hereby imposed on the taking for personal use
of these fish: brook trout, brown trout, Crappie, grayling,
lake trout, muskellunge, northern pike, rainbow trout, rock
bass, smallmouth bass, splake, sturgeon, sunfish, walleye,
steelhead, atlantic salmon and whitefish:
a. No fish may be taken by means of explosives, drugs,
poisons, lime, medicated bait, or other deleterious
substance.
b. Seines, traps, and gillnets may be used, with a Special
Permit from the Conservation Committee.
23.03 Seasons for Fish Harvest. Seasons for the taking of the
various fish species specified in Section 23.02 shall be as
determined by the Conservation Committee.
23.04 Fish Protected from Harvest. There shall be no taking of
any species of game fish determined rare or endangered by
the Fish and Wildlife Service and listed in the current
edition of Rare and Endangered Fish and Wildlife in the
United States.
24.01 Commercial Fishing Regulations. Fish species designated in
subsection (a) of this Section may be taken for commercial
purposes from Lake Superior, Lake Michigan and Lake Huron by
holders of both a Fishing Identification Permit and a
Commercial Fishing Permit issued by the Conservation
Committee, upon its determination that the commercial
fishing will not harm the resource. The Committee shall
determine the size, type, and number of nets to be used in
Lake Superior, Lake Michigan and Lake Huron.
a. Herring, lake trout, ciscoes, chubs, alewives,
whitefish, Menominee-whitefish, smelt, splake, sturgeon
and rough fish may be taken from Lake Superior, Lake
Michigan and Lake Huron for commercial purposes.
b. No fish may be taken from Lake Superior, Lake Michigan
or Lake Huron by means outlawed in Section 23.02(a).
c. Seasons shall be as determined by the Conservation
Committee.
d. The Conservation Committee shall issue Commercial
Fishing Permits annually.
e. The Conservation Committee shall determine regulations
governing the time of fishing, identification of nets,
and other regulations necessary to ensure orderly and
safe commercial fishing.
24.02 Transportation of Fish by Commercial Permittees. All
persons operating under a Commercial Fishing Permit shall be
subject to the following regulations regarding the
transportation of fish:
a. All fish taken under a valid Commercial Fishing Permit
may be possessed in any quantity, bought, sold or
transported during any open season and for seven (7)
days thereafter. Such fish may be frozen or cured
during open season, and when so processed, may be
transported, bought and/or sold at any time.
b. When shipping fish taken under a Fishing Identification
Permit and Commercial Fishing Permit, the parcel must be
plainly marked on the outside stating the name, address
and permit numbers of the shipper and the kind and
number of fish contained in the package. The waybill or
receipt issued by any common carrier or shipper shall
specify the number and species of fish so shipped.
CHAPTER III HUNTING AND TRAPPING REGULATIONS
31.01 Definitions. As used in this Code, the following terms
shall have the meanings given to them in this Section:
a. "Hunting Identification Permit" shall mean a card issued
by the Conservation Committee to a member of the Bay
Mills Indian Community, which permit authorizes him to
hunt and trap in accordance with the provisions of this
Code.
b. "Big game" shall mean deer, bear, elk and moose.
c. "Commercial taking" shall mean the taking of big game,
small game or furbearing animals for the purpose of
barter or sale of furs, pelts, hides or the flesh of
such animals.
d. "Furbearing animals" shall mean beaver, mink, muskrat,
otter, raccoon, bobcat, coyote and fox.
e. "Migratory birds" shall have the meaning set forth in
the regulations promulgated pursuant to the Migratory
Bird Treaty Act at 50 C.F.R. Part 20.
f. "Motor vehicles" shall mean self-propelled motor driven
vehicles.
g. "Small game" shall mean all wild mammals and birds not
defined as big game or furbearing animals.
32.01 Hunting Permit Required. Every member of the Bay Mills
Indian Community who takes game within the Ceded Territory
shall have in his/her possession a proper Hunting
Identification Permit. This permit must be in possession at
all times when carrying firearms within the Ceded Territory
when shooting, trapping, or taking small game, big game or
furbearing animals within the Ceded Territory, or when
possessing or transporting any place in the State of
Michigan any small game, big game or furbearing animals
lawfully taken within the Ceded Territory or Reservation.
32.02 Tribal Permit Exclusive. No member of the Bay Mills Indian
Community shall be required to purchase or possess a
Michigan big game, small game, or trapping license when
hunting or trapping within the Ceded Territory or Exclusive
Territory, or when possessing or transporting any small
game, big game, or furbearing animal lawfully taken within
the Ceded Territory or Exclusive Territory, anywhere within
the State of Michigan, provided that he/she has in his/her
possession a valid Hunting Identification Permit.
32.03 Permit Fees. Fees may be charged by the Conservation
Committee for issuance of the permit required by Section
32.01.
33.01 Applicable Regulations. All rules and regulations
pertaining to taking, possession or transportation of small
game, big game, and furbearing animals shall be adopted in
this Code, subject to amendment on an annual basis by the
Conservation Committee.
33.02 Species Subject to Harvest. The following species are
subject to regulation of harvest:
a. Species which may be taken with permit. Possession of a
valid Hunting Identification Permit shall be required
for the taking, possession or transportation of bear,
beaver, deer, elk, moose, rabbit, mink, muskrat, otter,
marten, ruffed grouse, sharptail grouse, pheasant, wild
tmurkey, squirrel and all birds protected by federal law.
b. Prohibited species. There shall be no taking,
possession or transportation whatsoever of bald eagle,
fisher, golden eagle, timber wolf or any species
determined to be rare or endangered by the Conservation
Committee.
c. Eagle part possession authorized. There shall be no
penalty for the possession of an eagle, eagle wings,
feathers, claws and other parts for religious and
ceremonial use.
d. Permit not required for certain species. No permit or
permits shall be required for the taking, possession or
transportation of any small game, big game or furbearing
animal which is not listed in Section 33.02(a) or (b).
33.03 Small Game Rules and Regulations.
a. Seasons. The small game season shall he September 1 to
December 31, except that rabbit season shall extend to
April 1.
b. Migratory birds. The taking of migratory birds shall be
subject to the provisions of the Migratory Bird Treaty
Act, 16 U.S.C. secs. 703 to 711, and regulations
promulgated pursuant thereto set forth at 50 C.F.R.
Part 20.
33.04 Big Game Rules and Regulations.
a. Deer, Moose and Elk. The season for taking deer shall
be from August 1 to and including January 1. The
seasons for taking moose and elk shall be established by
the Conservation Committee.
(1) Bow restrictions. It shall be unlawful to hunt
deer with any poisoned arrow or arrow with
explosive tip. No member shall hunt with a bow
having a pull of less than 30 pounds or using an
arrow that does not have a broadhead, or with a
crossbow unless it is fired from the shoulder, with
a minimum draw weight of 100 pounds and a stock of
not less than 30 continuing inches in length, with
a working safety and using arrows or bolts of not
less than 14 inches with a broadhead.
(2) Firearm restrictions. It shall be unlawful to take
deer with a rifle or firearm which discharges a
projectile, the diameter of which is less than
twenty-three hundredths of an inch, or to use any
cartridge less one and three-fourths inches in
length, and not containing a soft point or
expanding bullet, the measurement to include the
cartridge or shell and the bullet seated in the
usual manner, provided that cartridges of 22 magnum
caliber or larger may be used, regardless of
length, or to use shells (containing buckshot or
fine shot.
(3) Traps prohibited. It shall be unlawful to take
deer with the aid of any trap, setgun, or swivel
gun, or with the aid of dogs.
b. Bear. The season for taking bear shall be April 1 to
June 30 and from September 1 to and including November
30.
(1) Prohibited Methods. It shall be unlawful to hunt
bear with the aid of any snare, setgun, or swivel
gun, or to take bear with the use of drugs,
medicated bait, poison, or other deleterious
substances.
(2) The restrictions on the manner of taking deer,
moose and elk, set forth in Sections 33.04(a)(1)
and (2) shall apply to the taking of bear.
(3) It shall be unlawful to take or molest any bear in
its den.
(4) Nothing in this section shall prohibit the taking
of any bear which poses an immediate threat to
human safety, to livestock, or to personal property.
33.05 Trapping Rules and Regulations.
a. Seasons. The season for the trapping of fur bearing
animals shall be established by the Conservation
Committee.
b. Trap identification. All furbearing animals taken
pursuant to this Code and all traps used shall bear the
identification number of the permittee's Hunting
Identification Permit.
c. Shipment. When shipping furs taken under a Hunting
Identification Permit, the parcel must be plainly
marked on the outside stating the name, address, and
permit number of the shipper and the number and kind of
skins contained in the package. The waybill or receipt
issued by any common carrier to a shipper shall specify
the number and species of furs so shipped.
d. Personal use. Hides or pelts adapted to personal use
need not carry the permit number of the taker once the
adaptation is completed.
33.06 Prohibited Hunting. There shall be no hunting, harassment,
or molesting of any animal from moving motor vehicles,
including snowmobiles. There shall be no hunting within 500
yards of any public campground during the season within
which it is open for public use, or within 500 yards of any
occupied dwelling. There shall be no firing down or across
any public road. No member shall hunt with a firearm, bow
or crossbow while under the influence of an intoxicant or
controlled substance to a degree that the member is
incapable of safely using such weapon.
33.07 Hunting Age Restrictions. No member under 12 years of age
may hunt while possessing a firearm, bow and arrow or
crossbow. No member 12 years of age or older but under the
age of 14 may hunt unless accompanied by a parent, guardian,
or other adult member designated by the parent or guardian.
No member 14 years of age or older but under 16 years may
hunt unless accompanied by a parent, guardian, or other
adult member designated by a parent or guardian or unless
he/she has been issued a certificate of accomplishment under
a tribal, state or provincial hunter education and firearm
safety course.
33.08 Hunter Orange Required. No member shall take game during
the established daylight shooting hours from August 15
through April 30 unless the member wears a cap, hat, vest,
jacket or rain gear of the highly visible color commonly
referred to as hunter orange. Hunter orange includes blaze
orange, flame orange, and camouflage that is not less than
50% hunter orange. The garments made up of hunter orange
shall be the hunter's outermost garment and shall be visible
from all sides of the hunter. This section shall not apply
to a member engaged in the taking of deer with a bow or the
taking of waterfowl, crow, or turkey.
33.09 Amendment by Committee. The Conservation Committee may
modify the season provided by these regulations, may impose
seasons where none are set forth, or may close and prohibit
trapping or hunting of specified species of small game, big
game or furbearing animals, when it determines that such
actions are in the best interest of the resource. The
Conservation Committee may also impose such other
restrictions on manner of taking and bag limits as it deems
necessary for preservation of the resource.
CERTIFICATION
I, the undersigned, as Secretary of the Bay Mills Indian
Community General Tribal Council, do hereby certify that the above
Conservation Code was amended, passed and approved at a meeting of the
Bay Mills General Tribal Council held at Bay Mills, Michigan on the
8th day of October, 1993, with a vote of 63 for, 4 opposed, and 2
abstaining.
Julie A. Timmer, Tribal Secretary
Bay Mills Indian Community
General Tribal Council
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