Resolve, To Recognize and Provide for the Right of Members of the Houlton Band of Maliseet Indians To Hunt Moose throughout Aroostook County
Maine Legislature, Session 128, LD 0632
Committee: Inland Fisheries and Wildlife
Sponsors: BEAR

Legislative Document
No. 632
H.P. 448
House of Representatives, February 16, 2017
Resolve, To Recognize and Provide for the Right of Members of the 
Houlton Band of Maliseet Indians To Hunt Moose throughout 
Aroostook County
Reference to the Committee on Inland Fisheries and Wildlife suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative BEAR of the Houlton Band of Maliseet Indians.
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.