|
|
|
|
Disclaimer Some tribal laws are made available on the Internet as a public service and reliance on any such information is at the users own risk. The Passamaquoddy Tribe, its agencies, officers and employees do not warrant the accuracy, reliability, completeness or timeliness of any information on the tribes web site and may not be held liable for any losses caused by any persons reliance on the information available on this web site. All copyrights and other rights to statutory text are reserved by the Passamaquoddy Tribe. The text included in this publication is current, but is subject to change without notice. It is a version that has not been officially certified by the Tribal Clerk. For an accurate depiction of the Tribal Law, please consult a certified copy. The tribe cannot provide legal advice or interpretation of tribal law to the public. If you need legal advice, please consult a qualified attorney. Passamaquoddy Tribal Ordinances Regulating Hunting, Fishing and Trapping in the Passamaquoddy Indian Territory
EFFECTIVE DATE 9/25/89 Approved at a Meeting held at Pleasant Point of the Joint Tribal Council. Sections going out for referendum: Section 504 part 8 page 30 & definition on pages 5 Section 101 part 1 and the section on State Licenses.
TABLE OF CONTENTS
Section 100 General Provisions 1 Section 102 Prohibited Acts General 9 Section 200 Hunting General Provisions 11 Section 201 Tribal Hunting Permit 11 Section 202 Open Hunting Season 12 Section 203 Bag Limits; Possession Limits 13 Section 204 Hunting Prohibited Acts 14 Section 300 Fishing General Provisions 18 Section 400 Trapping General Provisions 19 Section 401 Tribal Sustenance Trapping Permit 19 Section 402 Open Sustenance Trapping Season 20 Section 403 Tagging Requirements 20 Section 405 Prohibited Acts Trapping 22 Section 500 Regular Sustenance Hunting General Provisions 25 Section 501 Open Regular Sustenance Season Moose, Deer and Bear 27 Section 502 Season Bag Limit Moose, Deer and Bear 28 Section 503 Tribal Regular Sustenance Hunting Permit 28 Section 504 Prohibited Acts Regular Sustenance Hunting 29 Section 600 General Provisions Special Sustenance Hunting 32 Section 601 Open Special Sustenance Season Moose, Deer and Bear 32 Section 602 Season Bag Limit Moose, Deer and Bear 32 Section 603 Tribal Special Sustenance Hunting Permit 33 Section 604 Prohibited Acts Special Sustenance Hunting 34 Section 701 Fines and Imprisonment 35 Section 702 Revocation of Permits Procedures 35 Section 703 Non-issuance of Permits Procedures 36 Section 704 Issuance of Special Permits Fish and Game Department 37 Section 705 Seizure of Fish and Wildlife 37 Section 706 Seizure of Firearms 38 Section 707 Personal Recognize 39 Section 708 Failure to Produce a License Evidence 39 Section 709 Possession of fishing Tackle Without License Evidence 39 Section 710 Possession of Firearms without License Evidence 39 Section 711 Possession of Firearms on Sunday Evidence 40 Section 712 Possession of Firearms at Nighttime Evidence 40 Game Wardens Addresses and Phone Numbers Section 100. General Provisions Title. These Ordinances shall be known as the "Passamaquoddy Tribal
Ordinances Regulating Hunting, Fishing and Trapping in the Passamaquoddy
Indian Territory." Authority. These Ordinances are adopted by the Passamaquoddy Tribe as
authorized by state statutes implementing the Maine Indian Claims
Settlement, 30 MRSA Sections 6201 thru 6214, shall govern the taking of fish
and wildlife within the Passamaquoddy Indian Territory. Passamaquoddy Indian Territory. The "Passamaquoddy Indian Territory"
means lands within the State of Maine, the boundaries of which include the
Passamaquoddy Indian Reservation and the first 150,000 acres of land
acquired by the United States Secretary of the Interior for the benefit of
the Passamaquoddy Tribe, commonly known as "trust land." The "Passamaquoddy
Indian Territory" is further defined in 30 MRSA, Section 6201(1) and does
not include what is commonly known as "fee land." The location of
Passamaquoddy Indian Territories is shown generally on a map published
together with these Ordinances, and the boundaries are posted appropriately.
Department Established. There is established the Passamaquoddy Fish
and Game Department whose purpose is to protect, preserve and enhance the
inland fisheries and wildlife resources and natural resources of the
Passamaquoddy Indian Territories. The Department shall consist of the
Passamaquoddy Chief Tribal Ranger and Tribal Rangers. Duties and Powers. The Passamaquoddy Fish and Game Department
shall be responsible for enforcing these Ordinances and any other
Ordinances as directed by the Governors and joint Tribal Council. Exclusive Authority. The Passamaquoddy Fish and Game Department
shall have exclusive authority on Passamaquoddy Indian Territories to
enforce: These Ordinances as they pertain to the taking of wildlife; These Ordinances as they pertain to the taking of fish in any
pond which is less than 10 acres in surface area and is wholly
within the boundaries of the Passamaquoddy Indian Territory; Ordinances regulating the taking of fish in any waters within the
boundaries of the Passamaquoddy Indian Reservation, for a Tribal
members individual sustenance regardless of any law of the State,
or any rule or regulation promulgated by the Maine Indian-State
Tribal Commission, subject to any action of the commissioner of the
State Department of Inland Fisheries and Wildlife taken under 30
MRSA Section 6207, subsection 6; and Any Ordinance by which the Passamaquoddy Indian Tribe exercises
the right to exclusive jurisdiction over Tribal members authorized
by 30 MRSA Section 6206, subsection 3. Passamaquoddy Tribal Rangers. Duties. The duties of the Passamaquoddy Tribal Rangers shall
include, but not be limited to, general enforcement of these Ordinances,
search and rescue operations, enforcement of forestry ordinances,
environment ordinances and associated applicable State of Maine laws,
and they shall be subject to the same duties, limitations and training
requirements as the Maine State Game Wardens under the laws of the
State. Powers. Passamaquoddy Tribal Rangers shall posses the same powers
as Maine State Game Wardens under the laws of the State, where
applicable and shall include, but not be limited to, the power to arrest
and prosecute all violators of these Ordinances; serve criminal and
civil process; accept personal recognizances; act as State fire wardens;
and upon probably cause, stop and search any motor vehicle, watercraft,
snowmobile or all-terrain vehicle. Fish and Game Committee. The Fish and Game Committee and the
Passamaquoddy Fish and Game Department may jointly recommend the adoption,
amendment or repeal of any Ordinance pertaining to the management of fish,
wildlife or natural resources. Ordinances Adopted, Amended or Repealed. These Ordinances shall be
effective immediately upon arrival by the Joint Tribal Council. No provision
of this Ordinance shall be amended or repealed except by approval of the
Joint Tribal council and, unless otherwise specified, no amendment or repeal
shall become effective until 30 days after approval. All Ordinances enacted
shall not be enforced except upon written inclusion in these Ordinances. Any
Ordinance adopted, amended or repealed shall be posted in a conspicuous
manner in the respective Tribal offices no later than 20 days after
enactment. The Joint Tribal Council may, at any time, if in their opinion an
immediate emergency action is necessary, enact emergency ordinances without
complying with the regular Ordinance enactment and posting procedures. Nondiscrimination. Except for the taking of fish and wildlife for
sustenance, these Ordinances apply equally to all Tribal members and
nonmembers. Seasons, Bag Limits and Restrictions. The seasons, bag limits and
restrictions pertaining to the taking of fish and wildlife shall be as
stated herein. When no season, bag limit or restriction is specified, the
appropriate State or Federal statute shall apply. Possession of Fish and Wildlife. All fish, wild animals or wild birds
found in the possession of a person who is in the fields, forests or on the
waters of Passamaquoddy Indian Territories shall be deemed to have been
taken within Passamaquoddy Indian Territories. Permits. Any person subject to Passamaquoddy Tribal permit
requirements may obtain the appropriate permit for that activity by applying
in person or by writing to: The Pleasant Point Reservation Tribal Office; The Indian Township Reservation Tribal Office; The Passamaquoddy Fish and Game Department, Box 301, Princeton, Maine
04668, Tel. 796-2301, Ext. 219; or A designated agent or place approved by the Governors and Joint
Tribal Council, if any. Sustenance. The taking of fish and wildlife for sustenance purposes
is applicable to Tribal members only and provisions may be different than
the general application of these Ordinances. Transportation of Fish and Wildlife. All fish lawfully taken within
Passamaquoddy Indian Territories or in waters subject to Maine Indian
Tribal-State Commission regulation, if any, and all wildlife lawfully taken
within Passamaquoddy Indian Territories and registered pursuant to these
Ordinances, if required, may be transported within the State providing other
provisions of these Ordinances are complied with, without further
restrictions. Posting of Passamaquoddy Indian Territories. All lands or waters
subject to these Ordinances shall be conspicuously posted in such a manner
as to provide reasonable notice to the public of the boundaries and of the
limitations of hunting, fishing, trapping or other use. Valid State of Maine License. Any person, whether or not a Tribal
members, must possess an appropriate valid Passamaquoddy Tribal permit, as
well as any State license required by Maine law, to engage in hunting,
fishing or trapping activities on Passamaquoddy Indian Territories. Permit Validity. Any Passamaquoddy Tribal Ranger or Tribal member who
has cause to believe that a permit was improperly issued may notify the
respective Governor and Council of the Reservation from which the permit was
issued. Upon approval of the respective Governor and Council, the
Passamaquoddy chief Tribal Ranger may revoke, rescind or modify any
improperly issued permit. Permits which require Council approval must
indicate the date of such approval and be stamped with the Tribal seal, and
otherwise the permit will be invalid. Gift Moose, Deer or Bear. All moose, deer or bear or parts thereof
which are possessed by any person as the result of a gift shall be labeled
as follows: Each part shall be plainly labeled with the name and address of the
person that registered the moose, deer or bear; Each part shall be plainly labeled with the name and address of the
person to whom it was given as a gift; and If a third party possesses or transports any part or parts, each part
shall be plainly labeled with that persons name and address. Taking of Wildlife for Tribal Ceremonies and Functions. The
respective Governors and Tribal Council of either reservation may authorize
special permits for the taking of wildlife for the purpose of consumption at
an open ____________________________. Hunter Safety Requirements. The following hunter safety requirements
shall be applicable to any Tribal member: Any Tribal member under 10 years of age is ineligible to obtain any
sustenance hunting permit. Any Tribal member between 10 years and 16 years of age is ineligible
to obtain any sustenance hunting permit unless he has successfully
completed an approved Hunter Safety Course. Any Tribal member who is over 16 years of age is ineligible to obtain
any sustenance hunting permit unless he can show proof of having
successfully completed an approved Hunter Safety Course or can show
satisfactory evidence of having held an adult license to hunt with
firearms in any calendar year since 1976. Any Tribal member between 10 years and 16 years of age who possesses
a sustenance hunting permit may only hunt under the permit if he is
accompanied by a parent or approved guardian, over 18 years of age, who
has completed an approved Hunter Safety Course or can show satisfactory
evidence of having held an adult license to hunt with firearms in any
calendar year since 1976. Accompany. "Accompany" or "accompaniment" means for a person to be in
the presence of, or to be along with, or another to participate with another
person in any way, in any activity regulated by these Ordinances, whether
afoot or in a motor vehicle or water conveyance. Such presence must be
unaided by any audio or visual devices, to include binoculars or CB radios
in order to constitute "accompaniment." Active Beaver Dam. An "active beaver dam" means any dam constructed
by beaver using mud, sticks or other debris which in its current condition
is holding back water to the extent that the water level is different above
and below the dam. Bag Limit. "Bag limit" means the maximum number of wild animals, wild
birds, or fish that may be taken within any given period of time as
specified by these Ordinances. Bear Bait. "Bear bait" means any animal or plant or derivative of any
animal or plant that is used or placed in the fields or forests for the
purpose of attracting or luring bear. Beaver Feed Bed. A "beaver feed bed" means any freshly cut wood,
sticks, or branches cut by beaver and placed in the water in such a manner
as to provide a bear with a source of food during the time in which a beaver
might be entrapped beneath the ice. Beaver House. A "beaver house" means any cavity which is capped by
beaver with mud and sticks which is capable of providing a beaver with
shelter or concealment. Closed Season. "Closed season" means the time during which it is
unlawful to hunt or trap any wild animal or wild bird, or to fish for any
fish, as specified by these Ordinances. Conibear of Killer-Type Trap. A "conibear or killer-type trap" means
a trapping device, so designed that when set it is meant to humanely catch
and kill an animal quickly and which is differentiated from the common foot
hold trap in that the device normally grasps the animal by the body. Drive Deer or Moose. To "drive deer or moose" means to intentionally
pursue, drive, chase or otherwise frighten or cause a deer or moose to move
in the direction of any person or persons known to be waiting for the deer
or moose. Firearm. "Firearm" includes any instrument used in the propulsion of
pellets, shots, shells, or bullets by action of gunpowder. "Autoloading firearm" means a firearm that reloads itself after each
shot and requires that the trigger be pulled for each shot. "Automatic firearm" means a firearm that will continue to fire as
long as the trigger is held back. He. "He" means, where appropriate, he or she. Hunting. The activity of "hunting" means to hunt for, pursue, molest,
shoot, shoot at, catch, take, kill, wound or destroy any wild animal or wild
bird. Hunter Orange. "Hunter orange" means a daylight fluorescent orange
color with a dominate wave length between 595 and 605 nanometers, excitation
purity not less than 85% and luminance factor of not less than 40%. Jacklight. "Jacklight" means any artificial light used while hunting
or attempting to hunt, except artificial lights allowed under Section 204,
paragraph 11, night hunting raccoons. Motor Vehicle. "Motor vehicle" means any motor-driven vehicle, except
motor boats. Muskrat House. A "muskrat house" means any cavity which is capped by
muskrats with vegetative matter and is capable of providing a muskrat with
shelter or concealment. Muzzle-loading Firearm. "Muzzle-loading firearm" means a rifled or
smooth-bored firearm that is forty caliber or greater, capable of firing
only a single charge, equipped with a barrel 20 inches or more in length,
loaded through the muzzle with powder and a ball or bullet, and ignited by a
percussion cap or priming charge of a flint, match or wheel lock mechanism. Non-Tribal Person. A "non-tribal person" or "nonmember" means any
person who is not listed on the Passamaquoddy Tribal census list. Open Season. "Open season" means the time during which it is lawful
to hunt, trap or possess wild animals and wild birds and to fish for or
possess any fish, as specified and limited by these Ordinances. Paved Way. "Paved way" means any public road treated with bituminous
or concrete material. Person. "Person" means a human being. Placing. "Placing" means for a person to physically fasten, stake,
hook or position any trapping device at any trap site location in the
fields, forests or waters. Possession limit. "Possession limit" means the maximum number of wild
animals, wild birds or fish that may be possessed under any one license at
any given time as specified by these Ordinances. Setting. "Setting" means for a person to physically adjust any spring
loaded mechanism or trigger mechanism on any trapping device in such a
manner so that the trapping device has the ability to catch, hold or kill
any wild animal. Sunrise. "Sunrise" means the time computed and established for
sunrise for Augusta, Maine, by the nautical Almanac Office of the United
States Naval Observatory, converted to the legal standard time in force in
this State on that day. Sunset. "Sunset" means the time computed and established for sunset
for Augusta, Maine, by the nautical Almanac Office of the United States
Naval Observatory, converted to the legal standard time in force in this
State on that day. Sustenance. "Sustenance" means the taking of wild animals or wild
birds for use or consumption by a tribal member or his household, or
trapping as a means of support of a tribal member or his household. Tending. "Tending" means for a person to actively visit, observe,
bait or rebait, lure or relure, reset, replace or remove any tapping device
at any trap site location; or shall mean for a person to release, remove or
kill any animal found in any trapping device. Trap. A "trap" is defined as a deice so constructed so that when set
it has the ability to catch, hold or kill a wild animal. This device can
include, but is not limited to, so-called common foot traps, so-called
conibear or killer-type traps and box or cage-type traps. For the purposes
of these Ordinances, snares or snare traps are not considered traps. Trapping. The activity of "trapping" means the setting, placing or
tending of any device, the purpose of which is to catch, hold or kill any
wild animal. The activity of trapping shall also mean for a person to
actively aid or assist another person in the setting, placing or tending of
a trapping device, except that mere accompaniment shall not be considered
trapping. Tribal Member. "Tribal member" means a person who is listed on the
Passamaquoddy Tribal census list. Water Set. A "water set" means a trap so set that is completely
covered by water at all times, except that the spring portion of a so-called
conibear or killer-type trap may be above the water line. Wild Animal. "Wild animal" means a species of mammal, wild by nature,
whether bred or reared in capacity, as distinguished from the common
domestic animals. Wild Bird. "Wild bird" means a species of bird wild by nature,
whether or not bred or reared in captivity, as distinguished from common
domestic birds. Wildlife. "Wildlife" means any species of the animal kingdom, except fish, which is wild by nature, whether or not bred or reared in captivity, and includes any part, egg or offspring thereof, or the dead body or parts thereof. Wildlife includes wild animals and wild birds. |
Section 102. Prohibited Acts General
Unlicensed Activity. It is unlawful for a person to engage in any
activity for which a license or permit is required without a valid license
or permit for that activity, issued to that person.
Defacement of Signs or Posters. It is unlawful for a person to
willfully mutilate, deface, destroy or tamper with any sign or poster
erected, maintained or posted for the purpose of delineating Passamaquoddy
Indian Territory boundary lines or giving notice to the public.
License and Permits Fraud and Tampering. It is unlawful for a
person to fraudulently obtain any license or permit required by these
Ordinances, or to possess any license or permit which has been altered,
tampered with or mutilated in any way.
Identification. It is unlawful for a person who is engaged in an y
activity to refuse to exhibit or provide in a reasonable time, upon request
of any authorized enforcement personnel, an appropriate license or permit if
that person is engaged in an activity that requires such a license or
permit.
Poisons. It is unlawful for a person to take any fish or wildlife
with the aid or use of any poisons or stupefying substances.
Domesticated or Tame Wild Animals. It is unlawful for a person to
hunt for or kill any domesticated or tame wild animal, except that any
person may lawfully kill any wild or domesticated animal found in the act of
attacking or wounding that persons domestic animals or destroying that
persons property.
Gift Moose, Deer and Bear. It is unlawful for a person to possess or
transport any gift moose, deer or bear, or parts thereof unless the
provisions of Section 100, paragraph 17 are complied with.
Gift Moose, Deer and Bear Restriction. It is unlawful for a person
to give any moose, deer, bear or parts thereof taken under the sustenance
hunting provisions, to another person who is not a Tribal member.
Gift Moose, Deer and Bear Non-Tribal Person. It is unlawful for a
person who is not a Tribal member to receive, possess or accept as a gift,
any moose, deer, bear or parts thereof taken under the sustenance hunting
provisions.
Buying or Selling Moose, Deer and Bear. It is unlawful for a person
to buy, sell, barter, offer to sell, offer to buy, offer to barter or to aid
and abet in buying selling or bartering any moose, deer, bear or parts
thereof, except that the lawful possessor of any moose, deer, bear or parts
thereof may:
Sell or barter the raw hide, feet, claws, head or gall bladder of a
bear.
Sell or barter the raw hide, feet, head or antlers of a moose; or
Sell or barter the raw hide, feet, head or antlers of a deer.
Section 200. Hunting - General Provisions
License Tribal Member. Any Tribal member who holds a valid State of Maine hunting license may hunt on Passamaquoddy Indian Territories by virtue of that license during the General Open Hunting Season established by this Ordinance, without obtaining any further permit or permits.
License Non-Tribal Person. Any non-tribal person who holds a valid State of Maine hunting license may hunt on Passamaquoddy Indian Territories by virtue of that license during the General Open Hunting Season established by this Ordinance, provided that person also possesses a valid Passamaquoddy Tribal Hunting Permit.
Sustenance Hunting Permit Holders. Holders of valid regular or
special sustenance hunting permits may hunt under such permits on Sunday.
Hunting Under the Influence of Alcohol, Drugs or Narcotics. Any
person who hunts or attempts to hunt in the Passamaquoddy Indian Territories
shall be deemed to have given consent to a chemical test to determine his or
her blood alcohol level by analysis of his or her blood or breath. If
arrested for hunting or attempting to hunt while under the influence of an
intoxicating liquor, the chemical test shall be administered in accordance
with 29 MRSA Section 1312. Any person who refuses to submit to the chemical
test shall be deemed to be legally intoxicated in violation of this
provision, and shall have his or her hunting license revoked for a fixed
term set by a court of competent jurisdiction.
Tagging Skins. The raw skins of any bobcat, coyote, fox or raccoon taken by hunting shall be presented to the Passamaquoddy Fish and Game Department or its agent within 10 days after the close of the open hunting season on that specie, for purposes of tagging. All information requested concerning each skin must be reported truthfully and accurately.
Section 201. Tribal Hunting Permit
Eligibility. Any non-member of the Passamaquoddy Tribe is eligible to
obtain a Tribal Hunting Permit providing that person possesses a valid State
of Maine hunting license.
Issuance. The respective Governors and Council of the Passamaquoddy
Reservations or their designated agents may issue a Tribal Hunting Permit.
Scope. Possession of a valid Tribal Hunting Permit allows the holder
of that permit to engage in the activity of hunting wild animals and wild
birds, except moose, deer and bear on all Passamaquoddy Indian Territories.
Expiration. All Tribal Hunting Permits issued shall be valid only
from the date of issuance through December 31st of the year of
issuance.
Fee. There shall be no fee for a Tribal Hunting Permit.
Exceptions. Tribal Hunting Permits shall not be required for members of the Passamaquoddy Tribe.
Section 202. Open Hunting Season
There shall be an open hunting season for the taking of wild animals by
hunting on Passamaquoddy Indian Territories as follows;
Rabbit October 1 thru March 31
Gray Squirrel October 1 thru November 30
Red Squirrel October 1 thru August 31
Raccoon November 1 thru November 30
Fox November 1 thru January 31
Coyote October 1 thru August 31
Porcupine October 1 thru August 31
Skunk October 1 thru August 31
Woodchuck October 1 thru August 31
Bobcat December 1 thru January 31
There shall be an open hunting season for the taking of wild birds by
hunting on Passamaquoddy Indian Territories as follows:
Ruffed Grouse October 1 thru November 30
Pheasant October 1 thru November 30
Woodcock October 1 thru November 30
Ducks (except canvasback) October 1 thru November 30
Geese October 1 thru November 30
Brant October 1 thru November 30
Merganser October 1 thru November 30
English Sparrow October 1 thru August 31
Starling October 1 thru August 31
Crow March 14 thru April 30 and July 16 thru August 31
From September 1 thru September 30, coyote, porcupine, skunk, woodchuck,
red squirrel, crow, English sparrow, and starling may be taken by bow and
arrow only.
There shall be a perpetual closed season for the taking of any wild animal or wild bird not listed in this section.
Section 203. Bag Limits: Possession Limits
The daily bag limit and possession limit on wild animals and wild birds
taken by hunting during the open hunting season shall be as follows:
Rabbit Daily Limit 8 Possession Limit 1
Gray Squirrel Daily Limit 4 Possession Limit
Ruffed Grouse Daily Limit 4 Possession Limit
Woodcock Daily Limit 3 Possession Limit
Pheasant Daily Limit 4 Possession Limit
Ducks (see notes) Daily Limit 4 Possession Limit
Geese Daily Limit 3 Possession Limit
Brant Daily Limit 2 Possession Limit
Merganser (see notes) Daily Limit 5 Possession Limit
Other legal specials No daily or possession limit
Note 1: The daily limit on ducks shall not include more than 2 wood
ducks, 3 male mallard ducks, 1 female mallard duck, 1 pintail duck, 1
black duck or 2 redhead ducks (no open season on canvasback ducks.)
Note 2: The possession limit on ducks shall not include more than 4
wood ducks, 6 male mallard ducks, 2 female mallard ducks, 2 pintail
ducks, 2 black ducks or 4 redhead ducks (no open season on canvasback
ducks).
Note 3: The daily limit on mergansers shall not include more than 1
hooded merganser.
Note 4: The possession limit on mergansers shall not include more
than 2 hooded mergansers.
Note 5: During the first nine days of the open duck season, 2 blue-winged teal or 2 green-winged teal or 1 of each, may be taken daily in addition to the regular daily limit of ducks.
Section 204. Hunting Prohibited Acts
Tribal Hunting Permit Required. It is unlawful for a non-tribal
person to engage in hunting activities within Passamaquoddy Indian
Territories without possessing a valid Tribal Hunting Permit issued in
accordance with the provisions of Section 201.
Hunting Between 10 and 16 Years of Age. It is unlawful for a person
between 10 and 16 years of age to hunt with a firearm unless that person has
successfully completed an approved Hunter Safety Course and while hunting is
accompanied by and in the immediate presence of a parent or approved
guardian who is at least 18 years of age and who has successfully completed
an approved Hunter Safety Course or is able to furnish proof of possessing a
valid license issued for hunting with firearms in any calendar year since
1976.
Hunting Under the Age of 10. It is unlawful for a person under 10
years of age to hunt with a firearm.
Closed Season Violation. It is unlawful for a person to hunt or
attempt to hunt any wild animal or wild bird except during the open hunting
season for that wild animal or wild bird established by these Ordinances.
Possession Wild Animal or Wild Bird. It is unlawful for a person to
possess or transport any wild animal or wil bird except one lawfully taken
during the open hutning season for that wild animal or wild bird established
by these Ordinances.
Hunting or Transporting Without License and Permit on His Person. It
is unlawful for a person to fail to keep his State of Maine hunting license
and any applicable tribal permit on his person while hunting on
Passamaquoddy Indian Territories or while transporting any wild animal or
wild bird taken on Passamaquoddy Indian Territories.
Hunting Under the influence of Liquor or Drugs. It is unlawful for a
person to hunt for any wild animal or wild bird while under the influence of
intoxicating liquor or drugs.
Hunting on Sunday. It is unlawful for a person to hunt for any wild
animal or wild bird on Sunday, except that holders of Sustenance or Special
Sustenance hunting permits may hunt under such permits on Sunday.
Night Hunting. It is unlawful for a person to hunt or attempt to hunt
for any wild animal or wild bird at any time between ½ hour after sunset and
½ hour before sunrise the following day, except that a person may hunt for
raccoons as provided for in Section 204, paragraph 11.
Twilight Hunting. It is unlawful for a person to hunt or attempt to
hunt for any wild animal or wild bird between sunset and ½ hour after
sunset.
Night Hunting Raccoons. It is unlawful for a person to hunt for
raccoons at night during the open hunting season unless that person:
Is accompanied by a dog or dogs;
Is in possession of and uses an electric flashlight to locate
raccoons that are treed or held at bay by a dog or dogs; and
Is in possession of and uses a rifle, pistol or revolver no greater
power of caliber than one which uses .22 caliber long rifle ammunition
expect that said rile, pistol or revolver is to be loaded only when
being used to dispatch a raccoon that is treed or held at bay by a dog
or dogs.
Exceeding Bag Limit. It is unlawful for a person to possess at any
time more than the numerical limits of any given wild animal or wild bird
which are specifically set forth in these Ordinances.
Hunting from Paved Way. It is unlawful for a person to hunt for any
wild animal or wild bird from a paved way or from within the right-of-way of
any controlled access highway.
Loaded Firearm In or On a Motor Vehicle. It is unlawful for a person
to have in or on a motor vehicle or other land conveyance any firearm with a
cartridge or shell in the chamber or in an attached magazine clip or
cylinder, or muzzle-loading firearm charged with power, lead and
primed-ignition device or mechanism.
Hunting with Concealed Weapon. It is unlawful for a person to hunt
with any firearm that is carried, either on his person or in a conveyance,
by virtue of a concealed weapons permit.
Hunting Without Hunter Orange Clothing. It is unlawful during any
firearms season on moose, deer or bear, for a person to hunt or accompany
another person who is hunting unless a hat or vest of solid colored hunter
orange is worn, except that a person hunting waterfowl from a boat or blind
or in conjunction with waterfowl decoys need not wear hunter orange
clothing.
Hunting Near Dwellings. It is unlawful for a person while hunting to
discharge a firearm within Ό mile of a year-round residential dwelling.
Hunting Near Logging Operation. It is unlawful for a person while
hunting to discharge a firearm within a posted area of an active logging
operation or when an active logging operation is not posted, within Ό mile
of that active logging operation.
Hunting with Dogs Wild Animals and Wild Birds. It is unlawful for a
person to use any artificial light for the pupose of illuminating, seeking
orlocating any wild animal or wild bird, except that a person may use an
articifical light to hunt raccoon at night as provided in Section 204,
paragraph 11.
Illuminating Wild Animals or Wild Birds. It is unlawful for a
person to use any artificial light for the purpose of illuminating, seeking
or locating any wild animal or wild bird, except that a person may use an
artifical light to hunt raccoon at night as provided for in Seciton 204,
paragraph 11.
Automatic Firearm. It is unlawful for a person to hunt with an
automatic firearm.
Auto-loading Firearm. It is unlawful for a person to hunt with any
auto-loading firearm, except a pistol or revolver of any caliber, or a .22
caliber rifle, havinga magazine capacity of more than 5 cartridges, unless
the magazine has been permanently altered so as to prevent the loading of
more than 5 cartridges.
Silencers. It is unlawful for a person to hunt with any firearm
equipped or contrived with any device for deadening the sound of explosion,
this device being commonly called a silencer.
Tracer Bullets. It is unlawful for a person to possess while hunting
any cartridge containing a tracer bullet.
Explosive Bullets. It is unlawful for a person to possess while
hunting any cartridge containing an explosive bullet.
Illegal Shotgun. It is unlawful for a person while hunting migratory
birds to hunt with a shotgun capable o f holding more than 3 shells unless
the magazine has been plugged or permanently altered so that the capability
of the shotgun is incapable of holding more than 3 shells in the magazine
and chamber combined.
Crossbow. It is unlawful for a person to hunt with a crossbow.
Legal Hunting Implements. It is unlawful for a person to use a snare,
trap, swivel, pivor or set gun to hunt moose, deer or bear, except that a
person may use a so-called Aldrich cable snare or similar device for the
taking of bear.
Legal Hunting Implements. It is unlawful for a person to hunt any
wild animal or wild bird except by the common and ordinary method of
shooting with a firearm not larger than 10-gauge or shooting with a long bow
and arrow.
Illegal Long Bow and Arrow. It is unlawful for a person to hunt
moose, deer and bear with long bow and arrow unless:
The bow is capable of shooting an arrow at least 150 years; and
The arrow is equipped with a broadhead that is not less than 7/8 inch
in width and at least 100 grains in weight.
Possession of Firearms During September. It is unlawful for a person
for a person to possess a firearm in the fields, forests, or on the waters
of Passamaquoddy Indian Territories at any time between September 1 and
September 30, except that a person may possess a pistol or revolver carried
by virtue of, and in accordance with, a valid concealed weapons permit.
Unlawful Accompaniment. It is unlawful for a person who has not
successfully completed an approved Hunter Safety Course, or who cannot
furnish proof of possessing a valid license issued for hunting with firearms
in any calendar year since 1976, to accompany and act as a guardian for a
person who is between 10 and 16 years of age who is hunting with a firearm,
and who has not successfully completed an approved Hunter Safety Course.
Tagging. It is unlawful for a person to fail to comply with the tagging requirements and provisions of Section 200, paragraph 5.
Section 300. Fishing General Provisions
License. Any person who holds a valid State of Maine fishing license
may fish on the waters within the Passamaquoddy Indian Territories during
the open fishing season as established by Title 12, MRSA, without further
obtaining any permit or permits.
Laws and Regulations. Statutes, rules and regulations covering all
waters within Passamaquoddy Indian Territories over which the Passamaquoddy
Indian Tribe has exclusive jurisdiction shall be the same as established by
Title 12, MRSA.
Enforcement. Any person who violates any of the provisions of State
of Maine statutes, rules and regulations applicable to fishing, while
fishing on waters over which the Passamaquoddy Tribe has exclusive
jurisdiction, shall be cited for a violation of a prohibited act in Title
12, MRSA.
Possession. Any person found in possession of any fish within Passamaquoddy Indian Territories shall be deemed to have taken those fish within Passamaquoddy Indian Territories.
Section 400. Trappnig General Provisions
The taking of wild animals by trapping during the open sustenance
trapping season shall be for Tribal persons only and for sustenance reasons
only.
To engage in the activity of trapping, any Tribal member must first
obtain a Tribal sustenance trapping permit in accordance with the provisions
of Section 401.
There shall be a perpetual closed season for the taking of any wild
animal by trapping except as specified in these Ordinances.
Notwithstanding Section 402, a person may lawfully possess any other,
mink or muskrat incidentally taken during the open beaver trapping season.
Any person who catches an animal in a trap during which time the season
is closed on that animal shall notify a Tribal Ranger within 48 hours as to
the circumstances, and at the time, the Tribal Ranger will determine final
disposition of that animal.
Section 401. Tribal Sustenance Trapping Permit
Eligibility. Any member of the Passamaquoddy Indian Tribe is eligible
to obtain a Tribal sustenance trapping permit.
Issuance. The respective Governors or their deisnated agents may
issue a Tribal sustenance trapping permit.
Scope. Possession of a valid Tribal sustenance trapping permit allows
the holder of that permit to engage in the activity of trapping on all
Passamaquoddy Indian Territories.
Expiration. All Tribal sustenance trapping permits issued shall be
valid only from the date of issuance thru December 31st of the
year of issuance.
Fee. There shall be no fee for a Tribal sustenance trapping permit.
Section 402. Open Sustenance Trapping Season (Tribal Members Only)
There shall be an open sustenance trapping season for the taking of wild
animals by trapping on Passamaquoddy Indian Territories as follows:
Mink September 01 Thru October 30
Muskrat October 01 thru November 30 and April 1 thru April 30
Otter October 01 thru November 30
Raccoon October 20 thru November 30
Fox October 20 thru November 30Skunk October 20 thru November 30
Weasel October 20 thru November 30
Porcupine October 20 thru November 30
Coyote October 20 thru November 30
Bobcat November 1 thru December 30
Fisher November 1 thru December 30
Marten November 1 thru December 30
Beaver December 1 thru February 28
Bear October 1 thru November 30
Section 403. Tagging Requirements
The raw skins of any beaver, bobcat, coyote, fisher, fox, mink, otter or
raccoon taken by trapping shall be presented by the person taking such
animal to the Passamaquoddy Fish and Game Department or its agent for such
purposes of tagging, within 10 days after the close of the open sustenance
trapping season on that specie. All information requested concerning each
skin must be reported truthfully and accurately.
The raw skins of any bobcat, coyote, fox or raccoon taken by hunting
shall be presented to the Passamaquoddy Fish and Game Department or its
agent for such purposes of tagging, within 10 days after the close of the
open hunting season on that specie. All information requested concerning
each skin must be reported truthfully and accurately.
Coyotes. Coyotes may be taken by the use of snares under the
provisions set forth in Section 704 which provides for the issuance of
Special Permits by the Passamaquoddy Fish and Game Department.
Special permits for the taking of coyotes by snaring shall be issued
only to a person who, if in the opinion of a Tribal Ranger, is trained
and qualified to snare coyotes.
The Special Permit shall:
Designate the person to whom it was issued;
Specify the area in which the snaring may be done;
Specify the starting and expiration dates of the permit; and
Specify any restrictions, limitations or special provisions.
Bear. Bear may be taken by trapping only if the following provisions
are met:
The trapping device is a so-called Aldrich cable trap or similar
device;
No more than two so-called Aldrich cable traps or similar devices are
set and in place at any trap site location or locations at any one time
by any one person;
The so-called cable trap is plainly labeled with the persons name
and address who set and placed such device;
Each so-called cable trap is tended at least once in every 24 hour
period by the person who set and placed such device;
Any bear caught shall be released unharmed or killed by the person
who set and placed the so-called cable trap;
Any bear caught and killed shall be tagged, transported and
registered in the same manner as provided for in the taking of bear by
sustenance hunting; and
Any bear taken by trapping shall be included in the annual bag limit
for the taking of bear under the sustenance hunting provisions.
Rabbits. Rabbits may be taken by snaring only if the following
provisions are met:
No person may have more than 12 snares set and in place at any one
time;
Each snare shall be plainly labeled with the name and address of the
person that placed the snare;
Each snare shall be tended at least once in every 24 hour period;
Snares shall be placed only during the open hunting season for
rabbits;
The use of snares for the taking of rabbits is permitted only by
Tribal members;
Any rabbit taken by snaring shall be included in the daily legal bag
and possession limit allowed for the taking of rabbits by hunting; and
Each snare placed shall be removed by the person who placed such snare at or before the end of the open hunting season for the taking of rabbits.
Section 405. Prohibited Acts Trapping
Closed Season Violation. It is unlawful for a person to trap or
attempt to trap any wild animal except during the open sustenance trapping
season for he wild animal.
Possession Wild Animal. It is unlawful for a person to possess or
transport any wild animal taken by trapping except one lawfully taken during
the open sustenance trapping season for that wild animal.
Trapping Wild Bird. It is unlawful for a person to trap or attempt
to trap any wild bird.
Possession Wild Bird. It is unlawful for a person to possess or
transport any wild bird taken by trapping.
Labeling of Traps. It is unlawful for a person to set and place any
trap at any trap site location unless that trap is clearly marked with the
name and address of the person who set and placed the trap.
Trapping Near Dwellings. It is unlawful for a person to set, place or
tend a trap, except a so-called water set, within 150 feet of an occupied
dwelling or on cultivated or pasture area of land that is used for
agricultural purposes and on which there is an occupied dwelling, without
first obtaining the written consent of the occupant.
Tending Requirements. It is unlawful for a person who sets and places
a trap, except a so-called water set or so-called conibear or killer-type
trap, to fail to tend each trap at lease once in every 24-hour period.
Distributing Traps. It is unlawful for a person to disturb or take
any trap, or any wild animal from any trap other than his own, without the
consent of the person who set and placed the trap, except that any agent of
the Passamaquoddy Fish and Game Department may disturb or remove any trap
set or placed in violation of these Ordinances.
Snares. It is unlawful for a person to set, place or tend any snare,
except in accordance with the provisions of Section 404.
Killer-type Traps Restriction. It is unlawful for a person to set,
place or tend a so-called conibear or killer-type trap unless that trap
meets the criteria of a water set or is placed at least four feet above
ground level or snow.
Use of Meat or Fish in Beaver Trapping. It is unlawful for a person
to use meat or fish as bait in trapping for beaver.
Muskrat House Setback Requirements. It is unlawful for a person to
set, place or tend any trap within 15 feet of a muskrat house.
Beaver House Setback Requirements. It is unlawful for a person to set, place or tend any trap within 15 feet of a beaver house.
Beaver Dam Setback Requirements. It is unlawful for a person to
set, place or tend any trap within five feet of an active beaver house.
Traps Near Other Traps Setback Requirements. It is unlawful for a
person to set and place any trap within four feet of a trap set and placed
by another person.
Incidental Catch. It is unlawful for a person to fail to comply with
the incidental catch notification requirements of Section 400, paragraph 5.
Tagging. It is unlawful for a person to fail to comply with the
tagging requirements and provisions of Section 403.
Untagged Raw Skins. It is unlawful for a person to possess, sell,
give away, buy, accept as a gift, offer for transportation or transport the
raw sin of any beaver, bobcat, fisher, fox, mink, otter or raccoon unless
each raw skin is tagged, except that the trapper of these raw skins may
lawfully possess and transport such untagged raw skins for the purpose of
complying with tagging requirements mandated by these Ordinances.
Possession of Firearms. It is unlawful for a person to possess a
firearm without a valid hunting license except that a person in possession
of a valid sustenance trapping permit may carry a .22 caliber pistol or
revolver at any time during the open sustenance trapping season for the sole
purpose of dispatching trapped animals.
Destructions of Beaver Dams, etc. It is unlawful for a person to
willfully damage, destroy of molest any beaver house, active beaver dam, or
muskrat house or to tamper with a beaver feed bed.
Bear Trapping. It is unlawful for a person who traps or attempts to
trap any bear to fail to comply with the provisions as set forth in Section
404, paragraph 2.
Rabbit Snaring. It is unlawful for a person who snares or attempts to snare any rabbit to fail to comply with the provisions as set forth in Section 404, paragraph 3.
Section 500. Regular Sustenance Hunting General Provisions
The taking of moose, deer and bear on Passamaquoddy Indian Territories
under a regular sustenance permit shall:
Be for sustenance reasons only;
Be limited to Tribal members only;
Be only during the open regular sustenance hunting season;
Be only with lawful hunting implements; and
Be only by a person who possesses a valid Tribal regular sustenance
hunting permit.
Registration of moose, deer and bear. Any moose, deer or bear taken
within the Passamaquoddy Indian Territories shall be registered by the
person who killed the animal, within 24 hours, with the Passamaquoddy Fish
and Game Department or its designated agent for the purpose of inspection,
tagging and registration, except that:
A person on a hunting trip and staying at a temporary place of
lodging may keep an unregistered moose, deer or bear at that temporary
place of lodging for a period of time not to exceed 7 days or until that
person leaves the woods, whichever comes first, without notifying a
Tribal Ranger.
A person may, if necessary, leave an unregistered moose, deer or bear
in the woods for more than 24 hours providing that person notifies a
Tribal Ranger as to the location of the moose, deer or bear and the
circumstances necessitating that persons need for leaving the animal in
the woods.
Transportation of Moose, Deer and Bear. Any moose, deer or bear taken
within the Passamaquoddy Indian Territories shall be transported by the
person who killed the animal and shall be transported in the following
manner:
The tag portion of the sustenance hunting permit bearing the name and
address of the person who killed the animal shall be securely attached
to the animal.
The person who killed the animal shall accompany it at all times
while it is being moved or transported; and
The animal shall be open to view at all times.
Tagging of Moose, Deer and Bear. All moose, deer or bear taken within
the Passamaquoddy Indian Territories shall be tagged in the following
manner:
Immediately upon killing the animal, the person who killed the animal
shall detach the tag portion from his or her sustenance hunting permit
and securely attach it to the killed animal so that it is plainly
visible; and
The tag shall bear the full name and address of the person who killed
the animal.
Fee for Registering Moose, Deer or Bear. There shall be no fee
charged to any individual Tribal person for registering any moose, deer or
bear taken under the sustenance hunting provisions.
Registration Stations for Moose, Deer or Bear. In addition to one registration station on each Passamaquoddy Reservation, the following designated agents shall be established for the purpose of registering moose, deer and bear taken within Passamaquoddy Indian Territories:
D.J.s Variety Store
Moose River, Maine
Registration Station Agent Requirements. All moose, deer and bear
presented to any registration station as established in this Section, shall
be registered as follows:
The designated agent shall register each moose, deer or bear
presented by the person who killed such animal in a manner as directed
by the Passamaquoddy Chief Tribal Ranger;
The designated agent shall punch the sustenance hunting permit of the
person who registers any moose, deer or bear taken under the sustenance
hunting provisions;
The designated agent shall attach a metal seal to each moose, deer or
bear; and
The designated agent shall receive $1.00 from the Passamaquoddy
Indian Tribe for each moose, deer or bear that the agent registered.
Dismembered Moose, Deer and Bear. Any moose, deer or bear taken
within Passamaquoddy Indian Territories may be dismembered for ease of
handling and transportation. The entire animal, except the viscera, shall be
presented for registration.
Baiting Bear. Bait may be used for the taking of bear providing the
following provisions are met:
The bait shall be placed at least 50 years from any travel way that
is reasonably passable by a conventional 2-wheel drive automobile or
truck;
The baiting area, bait, and tree stand shall be more than 200 years
from any dump or campground;
The baiting area, bait, and tree stand shall be more than 200years
from any dump or campground;
The tree stand or bait area shall be conspicuously identified with
the name and address of the person who placed the bait or bait
containers;
The bait shall not be placed more than 30 days prior to the first day
of the open season for the taking of bear; and
The bait containers and any litter within the baiting area shall be
cleaned up within 10 days following the last day of he open season for
the taking of bear.
Section 501. Open Regular Sustenance Season Moose, Deer and Bear.
There shall be an open regular sustenance hunting season for the taking of moose, deer and bear as follows:
Moose, either sex September 1 through Sept. 30 (Archery Only)
Moose, bulls only, October 1 thru the first Sunday in November
six inch minimum
antlers
Deer, either sex September 1 through Sept. 30 (Archery Only)
October 1 through Nov. 30
Bear, either sex September 1 through Sept. 30 (Archery Only)
October 1 through Nov. 30
Section 502. Season Bag Limit Moose, Deer and Bear
The season bag limit for the taking of moose, deer and bear during the open regular sustenance season shall be as follows:
Moose 1 per season per household
Deer 1 per season per person
Bear 1 per season per person
Section 503. Tribal Regular Sustenance Hunting Permit
Eligibility. Any member of the Passamaquoddy Indian Tribe is eligible
to obtain a Tribal regular sustenance hunting permit, providing that person
meets the Hunter Safety requirements as set forth in Section 100, paragraph
19.
Issuance. The respective Governors and Council of the Passamaquoddy
Reservations or their designated agents may issue a Tribal regular
sustenance hunting permit. The issuer of such permits shall not issue a
regular sustenance hunting permit for the taking of moose to any person who
is currently holding a valid unpunched sustenance hunting permit that was
issued for the taking of moose.
Application Procedure. Persons who wish to obtain a regular
sustenance hunting permit shall apply to the Passamaquoddy Fish and Game
Department, except that persons in families wishing to have permits
authorized for them under this section, paragraph 7, shall apply to the
respective Governors and Tribal Council.
Scope. Possession of a valid Tribal regular sustenance hunting permit
allows the holder of that permit to hunt moose, deer and bear on all
Passamaquoddy Indian Territories during the open regular sustenance season
established in this Ordinance. Any person issued a regular sustenance
hunting permit for the taking of moose may select a subpermittee of his
choice, so long as that person is a Tribal member. The permit shall state
the subpermittees name and shall allow the subpermittee to kill a moose
under the permittes permit, providing that he hunts in the presence of the
permittee. Such presence shall be within seeing and hearing distance,
unaided by visual or audio enhancement devices, including binoculars and
citizen band radios. The names subpermittee shall be subject to the same
restrictions and prohibited acts applicable to the taking of moose as the
holder of the permit.
Expiration. All Tribal regular sustenance hunting permits issued
shall be valid only from the date of issuance through December 31st
of the year of issuance.
Restrictions. No more than one member of a household shall be
eligible to obtain a regular sustenance hunting permit for the taking of
moose for the household.
Exceptions. When a Passamaquoddy household has no adult Tribal member
capable of hunting for sustenance, the respective Governors and Tribal
Council may authorize the issuance of a regular sustenance hunting permit to
an eligible Tribal member who may hunt under that permit for that household.
When a Tribal member is so authorized to hunt for the sustenance of another
household, all parts of the moose, deer or bear taken shall be turned over
to that household.
Fee. There shall be no fee for a regular sustenance hunting permit.
Section 504. Prohibited Acts Regular Sustenance Hunting
Obtaining Permit Restriction. It is unlawful for a person to obtain
or attempt to obtain a regular sustenance hunting permit for the taking of
moose if any member of that persons household holds or possesses a valid
regular sustenance hunting permit issued for the taking of moose, unless the
second or subsequent permit is issued under Section 503, paragraph 7.
Failing to Turn Over Moose, Deer or Bear. It is unlawful for a person
who is authorized to hunt for another household under the provisions of
Section 503, paragraph 7 to fail to turn over all parts of a moose, deer or
bear to the head of that household.
Annual Bag Limit Moose. It is unlawful for a person who is hunting
under either a regular of special sustenance hunting permit to hunt, kill,
register or possess more than one moose in any calendar year, except as
provided for in Section 503, paragraph 7; Section 603, paragraph 7; or State
of Maine statutes and rules.
Annual Bag Limit Deer. It is unlawful for a person who is hunting
under either a regular of special sustenance hunting permit to hunt, kill,
register or possess more than one deer in any calendar year, except as
provided for in Section 503, paragraph 7; Section 603, paragraph 7; or State
of Maine statutes and rules.
Annual Bag Limit Bear. It is unlawful for a person who is hunting
under either a regular of special sustenance hunting permit to hunt, kill,
register or possess more than one bear in any calendar year, except as
provided for in Section 503, paragraph 7; Section 603, paragraph 7; or State
of Maine statutes and rules.
Presence of Subpermittee Moose Hunting. It is unlawful for a person
who is hunting as a subpermittee under a sustenance hunting permit issued
for the taking of moose, to hunt moose except in the presence of the holder
of such permit.
Possession of More Than One Sustenance Hunting Permit Moose. It is
unlawful for a person to possess more than one valid, unpunched sustenance
moose hunting permit, at any one time.
Non-tribal Persons Participating in Sustenance Hunting. It is
unlawful for any Tribal person who is hunting under a sustenance hunting
permit to allow any non-tribal person to participate in any way, including
accompaniment, while that Tribal person is actively hunting under such
permit.
Sustenance Hunting Permit Required. It is unlawful for a Tribal
member to engage in sustenance hunting activities within Passamaquoddy
Indian Territories without possessing a valid Sustenance Hunting Permit.
Illegal Registration. It is unlawful for a person to fail to comply
with the registration requirements for registering a moose, deer or bear as
provided for in Section 500, paragraph 2.
Illegal Transportation. It is unlawful for a person to fail to comply
with the transportation requirements in transporting a moose, deer or bear
as provided in Section 500, paragraph 3.
Illegal Tagging. It is unlawful for a person to fail to comply with
the tagging requirements for tagging a moose, deer or bear as provided for
in Section 500, paragraph 4.
False Registration of Moose, Deer or Bear. It is unlawful for a
person to register any moose, deer or bear that he did not kill, or to allow
another person to register a moose, deer or bear that he killed.
Failure to Register Any Moose, Deer or Bear. It is unlawful for a
person who kills any moose, deer or bear to fail to present the animal for
registration in his name at the first open registration station on the route
taken by him.
Failure to Register Whole or Dismembered Moose, Deer or Bear. It is
unlawful for a person who dismembers any moose, deer or bear to fail to
present for registration the whole or dismembered parts of any moose, deer
or bear as provided for under the provisions of Section 500, paragraph 8.
Illegal Registration of Moose, Deer or Bear. It is unlawful for a
person who is hunting under a sustenance hunting permit to present for
registration or to register any moose, deer or bear taken outside the
boundary lines which delineate the Passamaquoddy Indian Territories.
Illegal Baiting of Bear. It is unlawful for a person who is baiting for bear to fail to comply with the bear baiting provisions as set forth in Section 500, paragraph 9.
Section 600. General Provisions Special Sustenance Hunting
The taking of moose, deer and bear on Passamaquoddy Indian Territories
under a special sustenance permit shall:
Be for sustenance reasons only;
Be limited to Tribal members only;
Be only during the special sustenance hunting season;
Be only with lawful hunting implements; and
Be only by a person who possesses a valid Tribal special sustenance
permit.
The transportation, tagging and registration of moose, deer and bear
taken during the open special sustenance hunting season shall be in
accordance with the provisions of Section 500, paragraphs 2 through 8.
There shall be no fee charged for registering moose, deer or bear taken during the open special sustenance hunting season.
Section 601. Open Special Sustenance Season, Moose, Deer and Bear
There shall be an open special sustenance hunting season for he taking of moose, deer and bear as follows:
Moose, bull only, The day following the 1st Sunday in
November
6 inch minimum antlers through December 30
Deer, buck only July 1 through August 31
Bear, either sex July 1 through August 31
Section 602. Season Bag Limit Moose, Deer and Bear
The season bag limit for the taking of moose, deer and bear during the
open special sustenance season shall be as follows:
Moose 1 per season per household
Deer 1 per season per person
Bear 1 per season per person
Section 603. Tribal Special Sustenance Hunting Permit
Eligibility. Any member of the Passamaquoddy Indian Tribe is eligible
to obtain a Tribal special sustenance hunting permit, providing that person
can show financial distress to the point of needing food for himself or his
household.
Issuance. The respective Governors and Council or their designated
agents may issue a Tribal special sustenance hunting permit.
Application Procedure. Persons who wish to obtain a special
sustenance hunting permit shall apply to the respective Governors and Tribal
Council or to a designated agent of the respective Governors and Tribal
Council. If it is determined that the household of an applicant is in need,
a special sustenance permit shall be issued.
Scope. Possession of a valid Tribal special sustenance hunting permit
allows the holder of that permit to hunt moose, deer and bear on all
Passamaquoddy Indian Territories during the open special sustenance seasons
established by this Ordinance.
Expiration. All Tribal special sustenance hunting permits issued
shall be valid only from the date of issuance through December 31st
of the year of issuance.
Restrictions. No more than 1 member of a household shall be eligible
to obtain a special sustenance hunting permit for the taking of moose for
that household.
Exceptions. When a Passamaquoddy has no adult Tribal member capable
of hunting for sustenance, the respective Governors and Tribal Council may
authorize the issuance of a special sustenance hunting permit to an eligible
Tribal member who may hunt under that permit for the members household.
When a Tribal member is so authorized to hunt for the sustenance of another
household, all parts of the moose, deer or bear taken shall be turned over
to that household.
Fee. There shall be no fee for a special sustenance hunting permit.
Section 604. Prohibited Acts Special Sustenance Hunting
Obtaining Permit Restriction. It is unlawful for a person to obtain
or attempt to obtain a special sustenance hunting permit for the taking of
moose if any member of that persons household holds or possesses a valid
special sustenance hunting permit issued for the taking of moose, unless the
second or subsequent permit is issued under Section 603, paragraph 7.
Failing to Turn Over Moose, Deer or Bear. It is unlawful for a person
who is authorized to hunt for another household to fail to turn over all
parts of a moose, deer or bear to the head of that household.
Non-tribal Person Participating in Special Sustenance Hunting. It is unlawful for a non-tribal person to participate with or to accompany any Tribal member who is actively hunting under a special sustenance permit.
Any person who violates any provision of these Ordinances, including any
provision of any State of Maine statutes applicable within Passamaquoddy
Indian Territories and referred to in these Ordinances, shall be prosecuted
in the courts of the State of Maine in a Court of competent jurisdiction as
follows:
Tribal Person on Passamaquoddy Indian Territories. Any Tribal
person cited for a violation of any provision of these Ordinances shall
be prosecuted in the Passamaquoddy Tribal Court of Law.
Non-Tribal Person on Passamaquoddy Indian Territories. Any non-tribal person cited for a violation of any provision of these Ordinances shall be prosecuted in a State of Maine Court of Law.
Section 701. Fines and Imprisonment
Any person convicted of a violation of any provision of these Ordinances shall be assessed a fine of not less than $50 not more than $500, and shall be subject to imprisonment for not more than six months.
Section 702. Revocation of Permits Procedures
Any person convicted of a violation of any provision of these Ordinances
may have all tribal permits held by that person revoked for a period of time
not to exceed 1 year from the date of conviction, by the respective
Governors and Tribal Council upon recommendation of the Passamaquoddy Chief
Tribal Ranger. Any revocation of a permit shall be in accordance with the
following provisions
The respective Governors and Tribal Council or their designated agent
shall send a written notice to the person whose permit has been revoked,
stating the particular permit or permits that have been revoked, the
length and effective date of the revocation and any opportunity for a
hearing.
The person, upon receiving notification of revocation of such permit
or permits, may within 10 days, request a hearing by the Permit Appeal
Committee for the reservation issuing the permit to determine all the
facts concerning the violation and whether that persons permit or
permits should be reinstated or the revocation conditions modified. If
the facts in the record are disputed by the petitioner, he shall have
the burden of proof.
Each reservations Permit Appeal Committee shall consist of 3 members, 1 of whom shall be a member of the Fish and Game Committee, 1 of whom shall be a member of the Passamaquoddy Fish and Game Department, and 1 of whom shall be a disinterested Tribal member at large. The members of this committee shall be selected by the respective Governors. After hearing the evidence, this committee, by the vote of at least 2 of its members, may reaffirm the revocation, modify the revocation or reinstate the permit or permits. The decision of the committee shall be final.
Section 703. Non-issuance of Permits Procedures
Any person convicted of a violation of any provision of these Ordinances
may be denied the issuance of any Tribal permit for a period of time not to
exceed 5 years from the date of conviction, by the respective Governors and
Tribal Council upon recommendation of the Passamaquoddy Chief Tribal Ranger.
Any issuance of a permit to a person who has been convicted of any violation
of these Ordinances shall be in accordance with the following provisions:
The respective Governors and Tribal Council or their designated agent
shall send a written notice to the person who has been denied the
issuance of a permit or permits, stating the particular permit or
permits that are being denied, the length and effective date of the
denial and any opportunity for a hearing.
The person, upon receiving notification of denial of issuance of such
permit or permits may, within 10 days, request a hearing by the Permit
Appeal Committee to determine all the facts concerning the violation and
whether that person should be granted the requested permit. If the facts
in the record are disputed by the petitioner, he shall have the burden
of proof.
The appropriate Permit Appeal Committee described in Section 702, after hearing the evidence, may reaffirm the denial of issuance, modify the conditions of denial of issuance or grant permission to issue such request permit. The decision of the committee is final.
Section 704. Issuance of Special Permits Fish and Game Department
Any member of the Passamaquoddy Fish and Game Department may, at his
discretion, issue special permits that will allow a person to take, possess
and transport fish and wildlife under certain conditions which are not
specified in these Ordinances. The special permit shall specify the
conditions of he permit and to whom it was issued. The person whom the
permit was issued shall at all times hav ehte permit on his person while in
possession of or transporting such fish and wildlife. Theis special permit
can allow, but is not restricted to, the taking of nuisance, injured or
diseased fish and wildlife. Any permits issued under this Section shall be
issued in triplicate. One copy is to be retained by the permittee; one copy
is to be retained by the Passamaquoddy Chief Tribal Ranger; and one copy is
to be forwarded by the Chief Tribal Ranger to the respective Tribal clerks,
to be retained on file.
Failing to Comply with Special Permit Restrictions. It is unlawful for a person to fail to comply with any restriction, limitation, or special provision as specified on a Special Permit issued to him under the provisions of this Section.
Section 705. Seizure of Fish and Wildlife
All fish and wildlife taken on Passamaquoddy Indian Territories and
transported or found in possession of a person cited for violating the
following provisions of these Ordinances may be considered contraband and
shall be subject to seizure by any Tribal Ranger:
Exceeding bag limit;
Taken by night hunting;
Taking during closed season; or
Taken without a valid license or permit.
Any Tribal Ranger making a seizure of fish and wildlife, except moose,
deer and bear, may make disposal of such fish and wildlife at his
discretion.
Any Tribal Ranger making a seizure of a moose, deer or bear, shall, by
the most reasonable means available, give the seized moose, deer or bear to
a needy Tribal household for the purposes of consumption, if the animal is
suitable for human consumption.
Nothing in this Section shall prevent a Tribal Ranger from making evidentiary seizures of fish, wildlife, firearms or equipment.
Section 706. Seizure of Firearms
All firearms used, possessed or transported on Passamaquoddy Indian
Territories by a person cited for violating the following provisions of the
Ordinances may be considered contraband and shall be subject to seizure by
any Tribal Ranger:
Exceeding bag limit on moose, deer or bear;
Night hunting;
Closed season violation; or
Hunting, fishing or trapping without the necessary tribal license or
permit.
Any Tribal Ranger making a seizure of a firearm under this section shall
within 10 days thereafter report such seizure to the Chief Tribal Ranger who
at that time shall retain such firearm for safekeeping until final
disposition of the offense. If the person from who the firearm was seized
pleads guilty or is found guilty of the offense charged, the firearm shall
be forfeited and become the property of the Passamaquoddy Indian Tribe,
otherwise the firearm shall be returned to that person within 5 days
thereafter.
Nothing in this Section shall prevent a Tribal Ranger from making evidentiary seizures of fish, wildlife, firearms or equipment.
Section 707. Personal Recognizance
Any Tribal Ranger may accept personal recognizances incident to the issuance of a citation for any violation of these Ordinances or any violation of any State law which he is authorized to enforce, providing the place where the violation occurred is at lest 25 miles from the nearest Court having jurisdiction and the authorized fine does not exceed $500 per violation. The Tribal Ranger shall report forthwith any recognizance received and forward such recognizance to the appropriate Court. Any moneys received by the Court for any convictions of a violation of these Ordinances shall be remitted to the Passamaquoddy Indian Tribe as established by agreement.
Section 708. Failure to Produce a License Evidence
Failure to produce a license or permit within a reasonable time when requested by any Tribal Ranger and while engaged in activity regulated by these Ordinances is prima faci evidence of a violation of Section 102, paragraph 1.
Section 709. Possession of Fishing Tackle Without License Evidence
The possession of any fishing tackle in the fields, forests or on the waters or ice within Passamaquoddy Indian Territories by any person who does not possess the requir3ed fishing license duly issued to him, covering the period of time within which the fishing tackle is found in his possession, shall be prima faci evidence of fishing in violation of law, unless the person furnishes satisfactory evidence of the issuance of a valid fishing license.
Section 710. Possession of Firearms Without License Evidence
Except for a validly licensed and carried concealed weapon, the possession of any firearm in the fields, forests or on the waters or ice within Passamaquoddy Indian Territories by any person who does not possess the required hunting license or permit duly issued to him, covering the period of time within which the firearm is found in his possession, shall be prima faci evidence of hunting in violation of law, unless the person furnishes satisfactory evidence of the issuance of a valid hunting license.
Section 711. Possession of Firearms on Sunday Evidence
Possession of firearms in the fields, forests or on the waters or ice
within Passamaquoddy Indian Territories or in a motor vehicle or other
conveyance while being operated on an unpaved road in Passamaquoddy Indian
Territories on Sunday is prima faci evidence of Sunday hunting, unless:
The firearm is carried, securely wrapped, in a complete cover;
The firearm is fastened in a case;
The firearm is carried in at lease 2 separate pieces in such a manner
that it cannot be fired, unless the separate pieces are joined together.
For the purpose of this Section, a clip, magazine or cylinder of a
firearm shall not be considered a piece of the firearm; or
Use of the firearm is authorized by a regular or special sustenance hunting permit.
Section 712. Possession of Firearms at Nighttime Evidence
Possession of firearms in the fields, forests or on the waters or ice
within Passamaquoddy Indian Territories or in a motor vehicle or other
conveyance while being operated on an unpaved road in Passamaquoddy Indian
Territories at any time between ½ hour after sunset and ½ hour before
sunrise the following day is prima faci evidence of night hunting, unless:
The firearm is carried, securely wrapped, in a complete cover;
The firearm is fastened in a case;
The firearm is carried in at lease 2 separate pieces in such a manner that it cannot be fired, unless the separate pieces are joined together. For the purpose of this Section, a clip, magazine or cylinder of a firearm shall not be considered a piece of the firearm.
Passamaquoddy Tribal Game Wardens
Pleasant Point Reservation
Perry, Maine 04667
Telephone 1-207-853-2551 (24 hr. dispatcher on duty)
Indian Township Reservation
Princeton, Maine 04668
Telephone 1-207-796-5296 or 2301
For inquiries and/or permits contact any Tribal Game Warden at the above address and telephone numbers.
Copyright © 2003
Passamaquoddy Tribe at Pleasant Point
|
