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e-CFR data is current as of August 13, 2020

Title 25Chapter ISubchapter J → Part 242


Title 25: Indians


PART 242—COMMERCIAL FISHING ON RED LAKE INDIAN RESERVATION


Contents
§242.1   Definitions.
§242.2   Authority to engage in commercial fishing.
§242.3   Authority to operate.
§242.4   Fishing.
§242.5   Disposition of unmarketable fish.
§242.6   Spawning season.
§242.7   Suspension.
§242.8   Penalty.
§242.9   Quotas.
§242.10   Fishing equipment limitations.
§242.11   Royalty.
§242.12   Authority to lease.

Authority: 25 U.S.C. 2; 5 U.S.C. 301.

Source: 25 FR 7784, Aug. 16, 1960, unless otherwise noted. Redesignated at 47 FR 13327, Mar. 30, 1982.

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§242.1   Definitions.

As used in this part:

(a) “Secretary” means the Secretary of the Interior or his authorized representative.

(b) “Council” means the General Council of the Red Lake Band of the Chippewa Indians as recognized by the Secretary of the Interior.

(c) “Association” means the Red Lake Fisheries Association, incorporated under the laws of the State of Minnesota, and whose articles of incorporation and bylaws and any amendments thereto have been approved by the Council and the Secretary of the Interior.

(d) “Member of Association” means as defined in the Association by-laws.

(e) “Commercial fishing” means the catching of any fish for sale directly or indirectly to others than Indians on the reservations or licensed traders on the reservation for resale to Indians.

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§242.2   Authority to engage in commercial fishing.

No person shall engage in commercial fishing in the waters of the Red Lakes on the Red Lake Indian Reservation in the State of Minnesota except the Red Lake Fisheries Association, a corporation organized and incorporated under the laws of Minnesota, and its members, and then only in accordance with the regulations in this part. The authority hereby granted to the Association and its members to engage in commercial fishing may, at any time, be canceled and withdrawn and these regulations may be modified and amended.

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§242.3   Authority to operate.

The association may conduct commercial fishing operations on the reservation under authority of its articles of incorporation and by-laws only in accordance with the regulations in this part.

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§242.4   Fishing.

(a) Enrolled members of the Red Lake Band of Chippewa Indians may take fish at any time except as prohibited by §242.6 from waters of the Red Lakes on the Red Lake Indian Reservation for their own use and for sale to:

(1) Other Indians on the reservation and

(2) Licensed traders on the reservation for resale to Indians.

(b) Fish may be taken for commercial purposes only by the Association through members of the Association in residence on the reservation during the fishing season which shall be May 15 to November 15 inclusive. All fish taken for such purposes shall be marketed through the Association.

(c) In connection with commercial fishing, Association members fishermen may be assisted only by Indians who are members of the Red Lake Band.

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§242.5   Disposition of unmarketable fish.

All unmarketable live fish taken under authority of these regulations must be returned to the water, and all unmarketable dead fish taken must be buried by the person taking the same.

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§242.6   Spawning season.

Walleye and northern pike (or pickerel) shall not be taken during their spawning season except for propagation purposes.

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§242.7   Suspension.

All commercial fishing operations may be suspended by order of the Secretary at any time.

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§242.8   Penalty.

Any Indian violating the provisions of §§242.4 and 242.6 shall forfeit his right to take fish for any purpose for a period of three months.

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§242.9   Quotas.

The Secretary may set such commercial quotas as he may find desirable, based on available biological and other information, on the amount of fish which may be taken under authority of the regulations in this part in any one season. Until otherwise determined by the Secretary, not more than 650,000 pounds of walleyes may be taken in any one fishing season.

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§242.10   Fishing equipment limitations.

(a) Any variety of fish may be taken by enrolled members of the Band from any waters on the reservation by hook and line, and from Upper and Lower Red Lakes by gill net or entrapment gear for noncommercial use only.

(b) For commercial fishing each member of the Association shall be limited to eight gill nets of 300 feet in length and six feet in depth, of which not to exceed six of such nets may be of nylon and other synthetic material.

(c) Gill nets for taking pike shall have a mesh of not less that 312 inches extension measure.

(d) Gill nets for taking whitefish shall have a mesh of not less than 512 inches extension measure.

(e) Entrapment gear may only be used by members of the Association for taking fish of any variety for commercial purposes or propagation, in accordance with such specifications and directions as the manager of the Association may provide.

(f) All nets used in Red Lake Reservation waters must be marked with appropriate tags to be furnished by the Association.

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§242.11   Royalty.

The Association shall pay five percent of the gross receipts from the sale of fish by the Association to the designated collection officer of the Bureau of Indian Affairs, which shall be deposited to the credit of the Band in the Treasury of the United States.

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§242.12   Authority to lease.

The Band, with the approval of the Secretary, may execute a lease or permit on its fisheries plant and hatchery at Redby, Minnesota, to the Association.

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