INTERTRIBAL TITLE 23
WILDLIFE CODE CONSERVATION REGULATIONS
Restructured by Chapter and Subchapter by Stacy Adams
CHAPTER 1 - GENERAL REGULATIONS
Subchapter 1 - Licensing
Section 1-101 - Valid Hunting and Fishing Licenses.
The issuance of licenses for hunting and fishing shall fall to each tribe of which the individual is a citizen. All persons hunting, fishing, or trapping within the lands of tribes within this compact must possess a valid license issued by their respective tribe. See Chapter 4 for Reservation Specific Regulations.
Section 1-102 - Reciprocal Intertribal Agreements.
Reciprocal intertribal hunting, fishing, gathering, or trapping agreements may be entered into between participating tribes in accordance with applicable law.
Section 1-103 - Game Specific Licenses.
All game-specific licensing requirements shall be determined and issued by the tribe of which the individual is a citizen, subject to applicable federal requirements.
Section 1-104 - Intertribal Outdoor Profile Requirement
A. Outdoor Profile Registration Required
All persons hunting, fishing, trapping, or otherwise participating in outdoor activities regulated under this Code shall complete and maintain an active Outdoor Profile through the official Intertribal Wildlife E-Check System prior to engaging in such activities.
B. Enrollment Verification
Each participating tribe shall independently verify the enrollment status of its own applicants prior to issuance of licenses or approval of Outdoor Profiles.
Enrollment records and tribal citizenship information:
1. Shall remain confidential;
2. Shall not be publicly accessible;
3. Shall not be shared outside of the governing tribe except as otherwise authorized by tribal law; and
4. Shall be protected consistent with applicable tribal privacy policies and laws.
C. Required Information
The Outdoor Profile shall include, at minimum:
1. Full legal name;
2. Current contact information;
3. Hunting and fishing license information; and
4. Any other information required by the governing tribe of the reservation or Intertribal Wildlife Council.
D. Recommended Documentation While in the Field
While engaged in hunting, fishing, trapping, or other regulated outdoor activities, all outdoorsmen are strongly encouraged to carry on their person:
1. A printed paper copy of their Outdoor Profile or proof of registration;
2. Their valid tribal enrollment card; and
3. A valid government-issued photo identification card.
E. Electronic Verification
Nothing in this section shall prohibit the use of electronic or digital proof of registration “where” accepted by the governing tribe of the reservation or enforcing authority.
Section 1-105 - Resident and Nonresident Fee Structure
A. Current Eligibility
At this time, participating tribes within this Compact may issue hunting, fishing, trapping, or other outdoor recreation licenses, permits, and tags to enrolled members of federally recognized tribes participating in this Compact, subject to applicable laws, regulations, and reservation-specific requirements.
B. Resident and Nonresident Fee Authority
The Intertribal Wildlife Council and participating tribes recognize that future wildlife management decisions may require adjustments to resident and nonresident fee structures based upon:
1. Wildlife harvest data;
2. Biological sustainability;
3. Resource availability;
4. Conservation needs;
5. Hunting and fishing pressure; and
6. Administrative or operational costs.
Accordingly, the Intertribal Wildlife Council and participating tribes reserve the authority to develop and implement resident and nonresident license, permit, tag, access, or participation fees for hunting, fishing, trapping, or outdoor recreation activities within the lands of participating tribes.
C. Reservation-Specific Authority
Each participating tribe shall retain the authority to:
1. Establish its own resident and nonresident fee structure;
2. Determine eligibility requirements;
3. Establish reservation-specific permits, access restrictions, or quotas; and
4. Adopt additional rules or limitations regarding participation within its jurisdiction.
Additional reservation-specific requirements, fees, or limitations shall be contained within Chapter 4 - Reservation-Specific Regulations and applicable Reservation-Specific Addendums.
D. Sovereignty Preserved
Nothing in this section shall be construed to require any participating tribe to issue licenses, permits, tags, or access privileges contrary to tribal law or policy.
Subchapter 2 - Land Use Permitting
[Reserved - Land Use Permitting is determined by individual tribes]
Subchapter 3 - Hunter Safety
Section 1-301 - Hunter Safety Education Required.
A. Any person hunting within the lands of tribes within this compact must possess a hunter safety education certification, except as provided in Subsection B.
B. The following persons shall not be required to possess a hunter safety education certification:
1. Children under the age of sixteen (16) ("Youth Hunter") who are accompanied by an individual eighteen (18) years of age or older ("Adult Hunter") who possesses a hunter safety certificate or is exempt under this section, provided that: (a) While hunting small game, the Adult Hunter remains in sight of the Youth Hunter and able to communicate in a normal voice without electronic aid; (b) While hunting big game, the Adult Hunter remains within arm’s length or close enough to immediately take control of the firearm or archery equipment.
2. Persons thirty-one (31) years of age or older;
3. Persons honorably discharged from the U.S. Armed Forces;
4. Persons currently serving on active duty in the U.S. Armed Forces; or
5. Members of the National Guard.
Subchapter 4 - Fee Schedule
Section 1-401 - Schedule of Fines and Fees.
A. The fines and fees for violations of these regulations shall be determined by each tribe.
Subchapter 5 - Intertribal Wildlife Council
Section 1-501 - Establishment
A. The Intertribal Wildlife Council ("Council") is hereby established for purposes of coordinating wildlife conservation, intertribal regulatory consistency, season recommendations, biological management, and administration of this Intertribal Wildlife Code.
B. The Council shall act in an advisory and administrative capacity consistent with the authority delegated by participating tribes.
Section 1-502 - Membership
A. Each participating tribe may appoint representatives to serve on the Intertribal Wildlife Council.
B. Appointed representatives may include:
1. Wildlife officials;
2. Conservation officers;
3. Natural resource personnel;
4. Legal advisors; or
5. Other persons designated by the participating tribe.
C. Each participating tribe shall determine:
1. The number of representatives appointed;
2. Terms of appointment; and
3. Procedures for removal or replacement.
Section 1-503 - Authority
Subject to applicable tribal law and approval procedures established by participating tribes, the Council may:
1. Recommend amendments to this Code;
2. Develop and adopt Annual Season Dates Addendums;
3. Establish bag limits, conservation measures, and wildlife management policies;
4. Coordinate intertribal enforcement and biological management efforts;
5. Issue emergency closures or restrictions when necessary for conservation or public safety;
6. Develop reservation-specific addendum templates; and
7. Perform other duties authorized by participating tribes.
Section 1-504 - Annual Addendums and Emergency Orders
A. The Intertribal Wildlife Council may adopt Annual Season Dates Addendums, emergency wildlife management orders, conservation directives, and related regulatory action consistent with this Code.
B. Upon adoption by the Council, such addendums and emergency orders shall have the force and effect of regulations under this Code.
Section 1-505 - Sovereignty Preserved
Nothing in this Subchapter shall be construed to:
1. Diminish the sovereignty of any participating tribe;
2. Require a tribe to adopt or enforce any regulation inconsistent with its own laws;
3. Limit the authority of a tribe to adopt reservation-specific regulations; or
4. Supersede applicable federal law.
Section 1-506 - Reservation-Specific Authority
Participating tribes retain authority to adopt and enforce reservation-specific wildlife regulations applicable within their respective jurisdictions through Reservation-Specific Addendums or other lawful tribal action.
CHAPTER 2 - HUNTING REGULATIONS
Subchapter 1 - Archery Regulations
Section 2-101 - Methods of Take During Archery Season.
A. During Archery Season, any person taking game under such license may only employ the use of either a Bow or Crossbow, subject to limitation and requirements below.
B. Any Bow may be employed provided that:
1. Any Compound Bow has no less than 30 lbs. of draw weight.
2. Any recurve, longbow, or self-bow must have 40 pounds or more of draw weight.
3. Regardless of the kind of bow employed, a hunter may use Hand-held releases.
C. Broadheads. Every person must ensure that:
1. Any Arrows and/or bolts are fitted with hunting-type points not less than 7/8 inches wide, including mechanical broadheads meeting this width requirement when fully open.
D. Crossbows. Every Crossbow must have a minimum of 100 pounds draw weight and be equipped with safety devices. Bolts must be a minimum of 14 inches in length. Leverage gaining devices are legal.
1. The use of crossbows and conventional longbows with a device that permits the bow to be held mechanically at full or partial draw, are lawful hunting methods during any open season when conventional longbows are a legal means of take.
E. Firearms Restrictions with archery. Unless otherwise provided by law, no person may carry or use any firearm in conjunction with archery equipment during any archery season, provided that:
1. Hunters may carry both archery equipment and a muzzleloader during the muzzleloader season, provided they have the appropriate licenses and follow other muzzleloader season regulations; and
2. Hunters also are allowed to carry both archery equipment and legal firearms during any modern gun season, provided they have the appropriate licenses and follow other regulations to participate in those seasons.
Subchapter 2 - Gun Season Regulations
Section 2-201 - Methods of Take During Gun Seasons.
A. During an Intertribal Gun Season, any person taking game under such license may only employ the use of equipment described below:
1. Any centerfire rifle firing at least a 55-grain weight soft-nosed or hollow-point bullet;
2. Any centerfire shotgun firing a single slug;
3. Any Centerfire handgun: (a) firing a single bullet with at least a 55-grain weight; and (b) a length longer than four inches.
Section 2-202 - Air Bows
1. Air bows, including pneumatic or compressed-air powered arrow launching devices, shall be considered a lawful method of take for big game during any open modern gun season where rifles are otherwise authorized.
2. Air bows shall not be considered lawful archery equipment during any archery-only season.
3. Air bows shall not be considered lawful muzzleloading firearms during any muzzleloader season.
4. For purposes of this Code, an “air bow” means any device that utilizes compressed air or pneumatic force to discharge an arrow or bolt.
Section 2-203 - Gun Season Time of Take.
A. Generally, no person shall take or attempt to take wildlife from thirty (30) minutes after official sunset until thirty (30) minutes prior to official sunrise.
B. Exceptions:
1. During big game gun seasons, it shall be legal to hunt raccoon, coyotes, feral swine, and bobcats during their legal season dates at night with thermal devices, and or other light enhancement devices.
2. As otherwise specifically provided in these Conservation Regulations.
Section 2-204 - Prohibited Devices During Gun Seasons
No person shall employ any of the following devices in the taking, attempted taking, or pursuit of game during any Gun Season:
1. Fully automatic firearms;
2. Laser sights (unless certified 100% disabled or legally blind);
3. Thermal tracking devices, unless exempt under provision Section 2-203(B)(2);
4. Light enhancement devices (including night scopes) from official sunset to official sunrise unless exempt provision Section 2-203(B)(2); or
5. Centerfire rifles and pistols .50 caliber and larger are prohibited.
Subchapter 3 - Muzzleloader Regulations
Section 2-301 - Muzzleloader Seasons
A. No person shall employ the use of any firearm during a Muzzleloader season except:
1. Muzzleloading rifles larger than .40 caliber
2. Muzzleloading pistol larger than .40 caliber
3. A shotgun 20-gauge or larger firing a single slug or ball, provided that the firearm is loaded from muzzle.
B. No person shall carry or use any modern firearm in conjunction with any legal muzzleloading firearm during any muzzleloader season.
C. Illegal Devices. The following devices are expressly prohibited from use in the taking, attempted taking, or pursuit of game during a Muzzleloading Season.
1. Black Powder firearms loaded from the breech;
2. Laser sights (unless certified 100% disabled or legally blind);
3. Thermal tracking devices; and
4. All light enhancement devices (including night scopes) from sunset to sunrise.
Subchapter 4 - Hunter Orange Requirements
Section 2-401 - Hunter Orange Requirements
A. Any person hunting during any firearm or muzzleloader season shall prominently wear both:
1. A head covering; and
2. An outer garment containing at least four hundred (400) square inches of hunter orange material visible from all sides above the waist.
B. Hunter orange must be daylight fluorescent orange in color. Camouflage orange patterns are permissible provided the required visibility is maintained.
C. The requirements of this section shall not apply to:
1. Persons hunting waterfowl from stationary blinds;
2. Persons hunting migratory birds;
3. Archery-only hunters during archery-only seasons; or
4. Other exemptions specifically authorized by the governing tribe of the reservation or Intertribal Council.
Subchapter 5 - Trapping Regulations
Section 2-501 - Trapping Devices.
During any trapping season, a person attempting to trap game may only employ the following kinds of traps:
1. Box traps; smooth-jawed, single spring, foot-hold steel traps with a jaw spread no greater than eight inches;
2. Smooth-jawed, double-spring offset jawed, foot-hold steel traps with a jaw spread no greater than eight inches;
3. Enclosed trigger traps (dog-proof traps);
4. The use of Conibear or “body-gripping” traps are not allowed unless they meet one of the following criteria: (a) they are fully submerged; (b) they have a jaw spread of less than or equal to 5 inches (a Conibear #120 or smaller); (c) they are placed in a leaning pole set with a pole diameter of no larger than 4 inches and with trap and bait set at least 48 inches above the surface; (d) if they have a jaw spread of >5 inches, they can be placed with the trigger recessed a minimum of seven inches and contained in a wood, plastic, or metal enclosure or cubby with an opening no larger than 52 square inches.
5. Non powered Cable Restraint devices “previously termed snare.” All cable restraint devices must include all of the following to be no longer than 7 feet in length: (a) Possess a breakaway device for the release of large non-target animals such as livestock; (b) Possess a Relaxing lock mechanism; (c) A stop ferrule must be placed at 8 inches or more from the cable loop end to prevent the minimum loop from closing less than 2 1/2 inches in diameter (Deer Stop).