SF 149

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to game and fish; temporarily extending the 
  1.3             application of certain seasons, methods, and limits in 
  1.4             game and fish regulations of the Mille Lacs Band of 
  1.5             Chippewa Indians to nonband members who reside in the 
  1.6             1837 treaty area; requiring a report by the 
  1.7             commissioner of natural resources. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  [TAKING OF GAME AND FISH IN 1837 TREATY AREA BY 
  1.10  NONBAND MEMBERS; EXPERIMENTAL PROGRAM.] 
  1.11     Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
  1.12  subdivision apply to this section. 
  1.13     (b) "Band" means the Mille Lacs Band of Chippewa Indians. 
  1.14     (c) "Commissioner" means the commissioner of natural 
  1.15  resources. 
  1.16     (d) "1837 ceded territory" or "territory" means that 
  1.17  portion of the ceded area described in the 1837 treaty that is 
  1.18  located in this state. 
  1.19     (e) "1837 treaty" means the July 29, 1837, treaty between 
  1.20  the Chippewa and the government of the United States, Statutes 
  1.21  at Large, volume 7, page 536. 
  1.22     (f) "State game and fish laws" means Minnesota Statutes, 
  1.23  chapters 97A to 97C, and rules adopted under these chapters. 
  1.24     Subd. 2.  [EXPERIMENTAL APPLICATION OF BAND SEASONS, 
  1.25  METHODS, AND LIMITS.] (a) In addition to the applicable seasons, 
  1.26  methods, and limits under the state game and fish laws, until 
  2.1   March 1, 1996, any additional or longer seasons, additional 
  2.2   methods, or higher limits that apply or become applicable to the 
  2.3   taking of game and fish by members of the Band in the territory 
  2.4   also apply to the taking of game and fish in the territory by 
  2.5   nonband members who reside in the territory.  The commissioner 
  2.6   shall enforce the additional provisions against nonband members 
  2.7   as though they were provisions of the state game and fish laws. 
  2.8      (b) A nonband member taking game or fish under this 
  2.9   subdivision must possess all applicable licenses and permits 
  2.10  required under the state game and fish laws but need not obtain 
  2.11  any additional authorization from the Band. 
  2.12     Subd. 3.  [REPORT.] The commissioner shall prepare a report 
  2.13  on the impacts of activities authorized under subdivision 2 on 
  2.14  the game and fish resources in the 1837 ceded territory and 
  2.15  shall submit the report by July 1, 1996, to the legislative 
  2.16  committees with jurisdiction over natural resource issues. 
  2.17     Sec. 2.  [EFFECTIVE DATE.] 
  2.18     This act is effective the day following final enactment.