Cite as: 29 CNCA § 106

A. It shall be unlawful as a violation of the Cherokee Nation's criminal laws for any Person subject to the jurisdiction of such laws to hunt, fish, trap, or otherwise harvest wildlife within Reservation Lands (inclusive of privately held fee lands of another, Public Lands, and Tribal Lands therein) without a license, tag, permit or other authorization issued or recognized by the Department and pertaining to the engagement in such activities.

B. The Department designated by the Principal Chief shall have the authority to issue licenses, permits for hunting, fishing, trapping, and other activities as set forth in this Code.

C. Subject to section 110 of this chapter, a valid Cherokee Nation Tribal Citizenship Card shall be considered a valid license to hunt, fish, trap or otherwise harvest wildlife by Cherokee Citizens on Reservation Lands (including any privately owned fee lands of another, Public Lands, and Tribal Lands located therein) for noncommercial traditional uses, unless another licensing method is required in accordance with any rule or regulation hereafter promulgated.

1. Persons who are not citizens of the Cherokee Nation, but are members or citizens of a federally a recognized Indian Tribe that is a party to a reciprocal agreement approved by the Principal Chief may hunt, fish, trap or otherwise harvest wildlife on Reservation Lands, including privately held fee lands or another, Public Lands, or Tribal Lands, as provided in such agreement.

2. Irrespective of such reciprocal or other intertribal agreement agreement:

i. all Persons subject to the criminal laws of the Cherokee Nation must comply with this chapter and the rules or regulations adopted or promulgated for its implementation; and

ii. all citizens of the Cherokee Nation, when hunting, fishing, trapping, or otherwise harvesting wildlife within the jurisdiction of another federally recognized Indian Tribe that is party to such an agreement, must comply with the relevant wildlife laws of that Tribe.

D. The Department may promulgate rules or regulations that limit the number of licenses, permits, establish appropriate conditions or restrictionsor other such limitations for hunting, fishing, or otherwise harvesting wildlife or engaging in traditional outdoor activities consistent with good conservation practices and the goal of preserving the Nation's wildlife resources for future generations.

E.Notwithstanding any provision of this Code, no exceptions shall be made, nor shall any provision be construed to deviate from the minimum requirements of federal law.F. The Nation reserves the right to deny a permit application or to revoke a permit or license issued in accordance with this Code, and the regulations incorporated herein or otherwise promulgated, for any Person subject to the Nation’s jurisdiction who violates Cherokee Nation law, federal law, or other applicable law.

Historical Data

LA 36–06, eff. January 7, 2007. Amended LA 04-22, eff. January 27, 2022. Amended LA 37-24, eff. October 28, 2024.