Resolve, To Recognize and Provide for the Right of Members of the Houlton Band of Maliseet Indians To Hunt Moose throughout Aroostook County

Preamble. Whereas,  Indian tribes and their members have legal status under the United States Constitution, including under Article 1, Section 8, the Constitution of Maine, including Article X, Section 5, and various treaties affecting Indian tribes in this State, including the Treaty of Watertown of 1776; and

Whereas,  Maine laws and rules reflect the legal status of Indian tribes, including provisions relating to child welfare, tribal representation in the Legislature, mortgage insurance for Indian housing and hunting and fishing rights and privileges; and

Whereas,  these Maine laws and rules treat members of a federally recognized Indian tribe in this State in a manner consistent with the legal status that Indian tribes possess under the United States Constitution; and

Whereas,  tribal members of the Houlton Band of Maliseet Indians consider lean protein, which is preferred to be taken naturally from animals indigenous to the State such as moose, to be a medicine with important uses and benefits in preventing obesity and high mortality; now, therefore, be it

Sec. 1. Commissioner of Inland Fisheries and Wildlife to allocate moose permits to the Houlton Band of Maliseet Indians. Resolved: That, pursuant to the Maine Revised Statutes, Title 12, section 11552, the Commissioner of Inland Fisheries and Wildlife shall allocate 25 moose permits to the Houlton Band of Maliseet Indians that may be used during the 2017 moose hunting season throughout Aroostook County. The Houlton Band of Maliseet Indians Tribal Council may issue up to 25 of the moose permits under this section to a person who holds a valid tribal moose permit under section 2. A tribal moose permit issued by the Houlton Band of Maliseet Indians Tribal Council under this section must be filed with the commissioner; and be it further

Sec. 2. Members of Houlton Band of Maliseet Indians exempt from State moose permit requirements. Resolved: That a member of the Houlton Band of Maliseet Indians who is a resident of the State is not required to hold a state permit issued under the Maine Revised Statutes, Title 12, section 11154 to hunt or possess a moose if that member holds a valid moose permit issued by the Houlton Band of Maliseet Indians. A member of the Houlton Band of Maliseet Indians issued a tribal permit pursuant to this section to hunt and possess moose is subject to all laws and rules applicable to a person who holds a state license or permit under Title 12, section 11154; and be it further

Sec. 3. Enforcement; suspension. Resolved: A violation of a hunting law or rule by a member of the Houlton Band of Maliseet Indians issued a tribal moose permit under section 1 must be enforced pursuant to the Maine Revised Statutes, Title 12, chapter 907. If a member of the Houlton Band of Maliseet Indians issued a tribal moose permit under section 1 is convicted or adjudicated of a violation for which a license suspension is mandatory under Title 12, chapter 913, subchapter 4, the Commissioner of Inland Fisheries and Wildlife shall suspend that member's tribal moose permit for the specified period. If a member of the Houlton Band of Maliseet Indians issued a tribal moose permit under section 1 is convicted or adjudicated of a violation for which the commissioner may suspend a license, the commissioner may suspend that member's license or permit in accordance with Title 12, chapter 913, subchapter 4.

summary

This resolve directs the Commissioner of Inland Fisheries and Wildlife to allocate 25 moose permits for the 2017 hunting season that may be used throughout Aroostook County to the Houlton Band of Maliseet Indians to be issued by the Houlton Band of Maliseet Indians Tribal Council to members of the tribe who have received tribal moose permits.