[Adopted 8-16-2011 by Ord. No. 11-16; amended in its entirety 11-3-2011]
This article shall be entitled "Access to Tribal Lands."
The purpose of this article is to define how tribal lands may
be accessed by nontribal members.
The following words and terms shall have the following meanings:
DESCENDANT
An individual who lacks sufficient blood quantum to qualify
for inclusion on the official tribal roll, and who is a first- or
second-degree descendant of an enrolled Menominee tribal member, as
described in Sec. 2 of Menominee Tribal Ordinance No. 09-18, and who has not relinquished his or her tribal membership.
NONTRIBAL MEMBER
Any person who is not an enrolled member of the Tribe, or
any person who has relinquished his or her tribal membership.
SPOUSE OF A TRIBAL MEMBER
Any person who is legally married to a tribal member who
has not relinquished his or her tribal membership.
TRIBAL LAND
Any land held in trust by the United States of America for
the beneficial use of the Tribe and/or its members, and any land held
in fee simple absolute by the Menominee tribal government located
within the external boundaries of the Menominee Indian Reservation.
TRIBE
The Menominee Indian Tribe of Wisconsin.
Violations of this article may result in the revocation of access
to tribal lands and subject violators to prosecution under other tribal
laws.
[Adopted 8-16-2011 by Ord. No. 11-21]
This article is enacted pursuant to Article IX, Section 1 of
the Menominee Tribal Constitution, to permit nonmember children, grandchildren,
and spouses of enrolled members to hunt, fish, and gather foods from
plants, subject to the approval of this article by the Tribe in accordance
with Article VI, Section 3 of the Constitution. The Menominee Tribal
Legislature finds that hunting, fishing, and gathering foods from
plants are rights held by Menominee tribal members only, but that
the privilege to participate in such activities by descendants/spouses
is permitted only as allowed by an ordinance enacted by the Tribe
and approved by the tribal membership.
As used in this article, the following terms shall have the
meanings indicated:
QUALIFIED DESCENDANT
An individual biologically descended from an enrolled tribal
member possessing at least of 1/8° of Menominee blood and who
appears on the Menominee Indian Tribe's descendant register per
Ordinance 09-18.
SPOUSE
Any male or female lawfully married to a Menominee tribal
member.
A qualified descendant or a spouse of a Menominee tribal member
shall have the privilege to hunt, fish, and gather foods from plants
on the Menominee Indian Reservation subject to an ordinance enacted
by the Menominee Tribal Legislature that specifically defines the
following: seasons; bag limits/collection limits; methods of hunting,
fishing, and gathering; and any additional restrictions.
The Menominee Tribal Legislature shall enact a tribal ordinance
pursuant to the Tribal Constitution setting forth rules and regulations
regarding hunting, fishing, and gathering food from plants under this
article.
No individual authorized to hunt, fish, and gather food from
plants under this article shall exercise such privilege unless he/she
is issued a permit by the Tribe.
The Menominee Tribal Legislature shall enact, by ordinance,
rules detailing the substance and procedure for enforcing compliance
with this article as well as penalties and forfeiture regarding the
same.
Any individual having a privilege to hunt, fish, or gather is
strictly prohibited from commercializing any of the resources he/she
has a privilege to hunt, fish, or gather. This includes any sale or
exchange for value to third persons.
Any individual granted a privilege under this article must follow
all rules, regulations, and procedures enacted by the Menominee Tribal
Legislature or otherwise recommended to and approved by the Tribal
Legislature as a condition of the granted privilege.