Section
2601. Jurisdiction.
2602. Citation.
2603. Service of Process and Arrest.
2604. Notice to Appear.
2605. Power of Natural Resource Officers.
2606. Searches.
2607. Inspection of Premises.
2608. Seizure.
2609. Resisting or Obstructing Natural Resource Officer.
2610. Witnesses to Violation.
2611. Anonymity of Persons Reporting Violations.
2612. Penalties.
2613. Trespass.
2614. Implied Consent to Seizure and Confiscation.
2615. Use of Motor Vehicles and Other Equipment to Commit Violations Prohibited.
2616. Possession of Animals or Wild Rice Taken in Violation of This Chapter.
2617. Adoption of 18 U.S.C. Sections 1160, 1164, and 1165.
2618. Property Damaged in Committing Offense.
2619. Destroying Boundary and Warning Signs.
2620. Hunting, Trapping or Fishing on Indian Lands.
2621. Institution of Civil Forfeiture Proceedings.
2622. Forfeitures.
Cross References
Juvenile delinquency, violations heard in Criminal Division, see 24 MLBS § 4305.
Motor vehicles, police powers, see 19 MLBS § 501.
Warrant, summons and arrest, see 24 MLBS § 4101.
§ 2601. Jurisdiction.
The Court of Central Jurisdiction shall have jurisdiction of all matters arising under this chapter.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 4.
Cross References
Firewood harvest, jurisdiction, see 11 MLBS § 2412.
Subject-matter jurisdiction, Court of Central Jurisdiction, see 5 MLBS § 111.
§ 2602. Citation.
Any officially recognized and sworn Natural Resource Officer of the Mille Lacs Band of Chippewa Indians shall issue a citation to each and every individual person, regardless of chronological age, who is observed in activities which are in civil violation or suspected civil violation of any section of this chapter.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 4.02.
§ 2603. Service of Process and Arrest.
Any duly sworn Natural Resource Officer of the Non-Removable Mille Lacs Band of Chippewa Indians is hereby authorized and empowered to execute and serve all warrants and processes issued by any justice of the Court of Central Jurisdiction under any law of the Non-Removable Mille Lacs Band of Chippewa Indians. Any Natural Resource Officer may arrest without a warrant any person under the jurisdiction of the Band detected in the actual violation of any provisions of Band law, and to take such person before the Court of Central Jurisdiction and make a proper complaint.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 4.03.
§ 2604. Notice to Appear.
When a person is arrested for any violation of law which is punishable as a civil misdemeanor and is not taken into custody and immediately taken before the Court, the arresting officer shall prepare, in quadruplicate, written notice to appear before the Court. This notice has the effect of, and serves as, a summons and complaint. Said notice shall conform with applicable provisions of the United States Code of Federal Regulations, United States Department of Interior, Title 25-Indians. In order to secure release, without being taken into custody and immediately taken before the Court, the arrested person must give his written promise so to appear before the Court by signing, in quadruplicate, a written notice prepared by the arresting officer. The officer shall retain the original of the notice and deliver the copy thereof marked "summons to the person arrested. Thereupon the officer shall release the person from custody. If the person so summoned fails to appear on the return day, the Court shall issue a warrant for his arrest, and upon his arrest proceedings shall be had as in any other case.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 4.04.
§ 2605. Power of Natural Resource Officers.
Any duly sworn Natural Resource Officer is hereby authorized and empowered to enter upon any trust land within the jurisdiction of the Band for the purpose of carrying out the duties and functions of his office, or to make investigations of any violation of the Band's game and fish laws, and in aid thereof to take affidavits upon oath administered by him, and to cause proceedings to be instituted if proofs at hand warrant it.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 4.05.
§ 2606. Searches.
Any sworn Natural Resource Officer of the Non-Removable Mille Lacs Band of Chippewa Indians is hereby authorized and empowered to enter and inspect any commercial building located on trust property of the Band for the purpose of determining whether wild animals are kept or stored therein in violation of this chapter. He shall have power to inspect and examine the books and records of all persons, or businesses, or corporations which he has reason to believe has violated the laws relating to game or fish. He shall have power to enter and examine all camps, vessels, boats, wagons, automobiles, airplanes, or other vehicles, cars, stages, tents, suitcases, valises, packages, crates, boxes, and other receptacles and places where he has reason to believe wild animals unlawfully taken or possessed are to be found.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 4.06.
Cross References
Unreasonable search and seizure, see 1 MLBS § 2.
§ 2607. Inspection of Premises.
Any duly sworn Natural Resource Officer of the Non-Removable Mille Lacs Band of Chippewa Indians is hereby authorized and empowered to enter and inspect at all reasonable times the premises whereon is being conducted any business or activity requiring a license under this chapter.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 4.07.
Cross References
Unreasonable search or seizure, see 1 MLBS § 2.
§ 2608. Seizure.
Any duly sworn Natural Resource Officer of the Non-Removable Mille Lacs Band of Chippewa Indians is hereby authorized and empowered to seize and confiscate in the name of the Band, any wild animals or wild rice taken, bought, sold, transported, or possessed in violation of this conservation code and to seize and confiscate in the name of the Band any and all equipment used by any person in the unlawful taking or transporting of said wild animals or wild rice and any evidence of any violation of any provision of this Chapter or of Commissioner's Order issued thereunder. Anything seized or confiscated shall be held by the Band until proper determination of the case by the Court of Central Jurisdiction is finalized.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, §§ 4.08, 30.
Cross References
Unreasonable search or seizure, see 1 MLBS § 2.
§ 2609. Resisting or Obstructing Natural Resource Officer.
It shall be illegal for any person under the jurisdiction of the Band to willfully hinder, resist, or obstruct a duly sworn Natural Resource Officer in the performance of his official duty, or refuse to submit anything called for by him for his inspection.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50 § 4.09.
§ 2610. Witnesses to Violation.
Any person who is aware of or witnesses a violation of this chapter, or of any rule established by the Commissioner of Natural Resources regarding season limit, bag limit or restriction on method or manner of taking game, fish or wild rice, may report such infraction to the Commissioner of Natural Resources, the Natural Resource Officer or the Court of Central Jurisdiction.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 4.10.
§ 2611. Anonymity of Persons Reporting Violations.
Any person under the jurisdiction of the Band who reports a violation of this chapter may do so anonymously. No person who reports a violation in person shall be compelled to appear in the Court of Central Jurisdiction as a witness. No justice of the Court of Central Jurisdiction shall compel any officer of the Band to reveal the name of said person as a matter of court record.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 4.11.
§ 2612. Penalties.
Any person who violates any provision of 11 MLBS §§ 2101 to 2310 shall be subject to a forfeiture not to exceed $5,000.00, and a revocation of any license or permit held under this chapter.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 4.01.
§ 2613. Trespass.
Any person who is not eligible for a Band fishing, hunting, or ricing license, and who enters upon the trust properties of the Mille Lacs Band, of its enrolled members, or of the Minnesota Chippewa Tribe delegated to the Mille Lacs Band of Chippewa Indians, for the purpose of fishing, hunting, or gathering wild rice, shall be deemed in trespass and subject to a forfeiture not to exceed $1,000.00. It shall be a defense to any action brought under this section that the person charged with its violation had at the time and in his possession a license validly issued under this chapter, authorizing the activity in which he was engaged.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 4.50.
§ 2614. Implied Consent to Seizure and Confiscation.
Any person not eligible for a Band fishing, hunting, or ricing license, and who enters upon the trust properties of the Mille Lacs Band, its enrolled members, or the Minnesota Chippewa Tribe delegated to the Mille Lacs Band of Chippewa Indians, for the purposes of fishing, hunting, or gathering wild rice, thereby impliedly gives consent to the seizure and forfeiture of any property used in the in the commission of any violation of this chapter or of any Commissioner's Order issued thereunder and of any wild animals or wild rice taken or possessed in violation of this chapter or any Commissioner's Order issued thereunder, and such property, wild animals, or wild rice may be seized as provided in 11 MLBS § 2608. Such consent may be withdrawn but only after any property, wild animals or wild rice subject to seizure and forfeiture has been inventoried by a Natural Resource officer of the Band.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 26.
§ 2615. Use of Motor Vehicles and Other Equipment to Commit Violations Prohibited.
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(a) The use of any vehicle, as defined by 19 MLBS § 2; any firearm, as defined by 11 MLBS § 2001; any boat, including motor, oars, paddles, and sails; any bow; arrow; spear; net; fishing rod; fishing tackle; trap; or snare to violate or to facilitate the violation of any provision of this chapter or any Commissioner's Order issued thereunder is a violation subject to a forfeiture of $300.00.
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(b) An element of the Band's proof upon the trial of any violation of this section shall be the production of the equipment allegedly used in the violation.
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(c) Any evidence seized pursuant to section may be released to the defendant prior to trial upon a showing of hardship to the defendant's posting of bond or other security will be forfeited upon failure of the defendant to appear or to produce the evidence.
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(d) Any bond or security posted by the defendant pursuant to subsection (c) of this section shall be returned to defendant after trial if defendant has produced the evidence, provided that the bond or security may be used to set off any other obligations then owing the Band by the defendant.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 27.
§ 2616. Possession of Animals or Wild Rice Taken in Violation of This Chapter.
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(a) The possession of any animal or part thereof or wild rice taken in violation of any provision of this chapter or of any Commissioner's Order issued thereunder is a violation subject to a forfeiture of $300.00.
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(b) An element of the Band's proof upon the trial of any violation of this section shall be the production of the animal or part thereof or wild rice allegedly taken in violation.
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(c) Any evidence seized pursuant to 11 MLBS § 2608 which is not held for forfeiture shall be released to the defendant upon dismissal of a complaint or citation under this section or a finding of no violation, except that any evidence seized may be used to set off any other obligations then owing the Band by the defendant.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 28.
§ 2617. Adoption of 18 U.S.C. Sections 1160, 1164, and 1165.
The provisions of 18 U.S.C. Sections 1160, 1164, and 1165 are adopted as Band Law.
The rights expressly or impliedly granted therein are made enforceable in tribal court. Any duly sworn Natural Resource Officer of the Band may exercise enforcement powers, including the right to seize, in all cases of violation of such provisions. The appropriate Band legal officer shall subsequent to the citation of any person or the seizure of any item determine whether to refer the matter to federal authorities for prosecution, to commence proceedings under Band law, to do both or to decline all further proceedings.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 29.
§ 2618. Property Damaged in Committing Offense.
Whenever a white person, in the commission of an offense within the Indian country takes, injures or destroys the property of any friendly Indian the judgment shall include a provision that the defendant pay to the Indian owner a sum to twice the just value of the property so taken, injured, or destroyed.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 29.01.
§ 2619. Destroying Boundary and Warning Signs.
Whoever willfully destroys, defaces, or removes any sign erected by a Mille Lacs Band, or a Government agency (a) to indicate the boundary of an Indian Reservation or of any Indian country as defined in section 1151 of title 18, United States Code or (b) to give notice that hunting, trapping, or fishing is not permitted thereon without lawful authority or permission, shall forfeit not more than $250.00.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 29.02.
§ 2620. Hunting, Trapping or Fishing on Indian Lands.
Whoever, without lawful authority or permission, willfully and knowingly goes upon any land that belongs to any Indian or Indian tribe, band, or group and either are held by the United States in trust or are subject to a restriction against alienation imposed by the United States, or upon any lands of the United States that are reserved for Indian use, for the purpose of hunting, trapping, or fishing thereon, or for the removal of game, peltries, or fish shall forfeit not more than $250 and all game, fish, and peltries in his possession shall be forfeited.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 29.03.
§ 2621. Institution of Civil Forfeiture Proceedings.
The appropriate legal officer of the Mille Lacs Band of Chippewa Indians or any duly sworn Natural Resource Officer of the band is authorized to commence proceedings on any violation of any provision of this chapter or of any Commissioner's Order for which a civil forfeiture is prescribed by the issuance of either a citation or a summons and complaint. In either case the initiating papers shall inform the defendant of the section number and substance of the violation is alleged to have occurred, the maximum forfeiture which can be imposed for the violation, and the date, time, and place where he is commanded to answer. In any case where property, animals, or wild rice has been seized, a receipt therefore shall be given the defendant if practicable.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 31.
§ 2622. Forfeitures.
In addition to any money forfeiture imposed by the Court of Central Jurisdiction for violation of any provision of this chapter or any Commissioner's Order issued thereunder, the Court may order forfeited any animal, animal part, or wild rice taken in the commission of such violation. Anything so forfeited shall be disposed of by the Court of Central Jurisdiction for the benefit of the Mille Lacs Band of Chippewa Indians.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 32.