Section
4081. Hearings in Band Court.
4082. Enforcement by Deputized Conservation Wardens.
4083. Enforcement by Minnesota Department of Natural Resources Conservation Officers.
4084. Search and Seizure; When Authorized.
4085. Investigations and Citations.
4086. Registration Information.
4087. Penalties.
4088. Enhancement of Forfeiture and Penalties.
4089. Civil Damages.
4090. Seized Wild Animals and Wild Plants.
4091. Schedule of Money Penalties; No Contest.
4092. Collection of Money Penalties.
4093. Parties to a Violation.
4094. Hunting after Revocation or Suspension.
§ 4081. Hearings in Band Court.
Jurisdiction over all matters arising under this Chapter shall be with the Band court, which shall adjudicate in accordance with the Band and applicable Federal Law, all questions, complaints and alleged violations involving the provisions of this Chapter.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 4.01.
§ 4082. Enforcement by Deputized Conservation Wardens.
Any provision of this Chapter may be enforced by wardens of the Bands or the Commission. Said wardens are hereby deputized by the Band as Natural Resources Enforcement Officers for the purpose of enforcing this Chapter.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 4.02.
§ 4083. Enforcement by Minnesota Department of Natural Resources Conservation Officers.
Minnesota Department of Natural Resources Conservation Officers are hereby empowered to enforce the provisions of this Chapter except on trust lands and to institute proceedings in the Band court by use of citation forms of that Department or to refer the matter to appropriate Band or Commission wardens or the Band prosecutor for further investigation or action.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 4.03.
§ 4084. Search and Seizure; When Authorized.
Any person authorized to enforce the provisions of this Chapter may conduct a search of an object, place, or person whose conduct is regulated by the provisions of this Chapter, and seize things when the search is made:
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(a) With consent;
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(b) Pursuant to valid search warrant issued by the Band court;
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(c) With the authority and within the scope of a right of lawful inspection as provided in § 4085(a)(1);
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(d) Incident to the issuance of a lawfully issued citation under this Chapter; or
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(e) As otherwise authorized by law or by the provisions of this Chapter.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 4.04.
§ 4085. Investigations and Citations.
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(a) Any person authorized to enforce the provisions of this Chapter may
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(1) Subject to paragraph (b), conduct routine inspections of vessels, boats, wagons, trailers, automobiles, vehicles, snowmobiles, containers, packages, and other receptacles contained therein, utilized by a person in a harvest activity authorized by this Chapter, and of records of commercial transactions required under § 4047 of this Chapter which have not yet been forwarded to the Department of Natural Resources, or its designee;
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(2) Execute and serve warrants and other process issued by the Band court in accordance with applicable law;
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(3) Stop and board any boat and stop any automobile or other vehicle pursuant to paragraph (a)(1) or if the person reasonably suspects there is a violation or breach of this Chapter;
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(4) With or without a warrant, open, enter and examine vessels, boats, wagons, trailers, automobiles, vehicles, snowmobiles, and packages and other receptacles contained therein, in which the person has probable cause to believe that contraband wild plants or wild animals, or carcasses or part thereof, may be contained or pursuant to paragraph (1)(a);
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(5) Issue a citation on a form approved by the Band or Band court to any person whose conduct is regulated by the provisions of this Chapter upon reasonable belief that such person has violated or breached a provision of this Chapter; and
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(6) Seize and hold subject to the order of the Band court any alleged contraband or property which such person reasonably believes may be needed as evidence in connection with the institution of proceedings in Band court or any property otherwise authorized to be seized by the provisions of this Chapter.
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(b) The inspections authorized by paragraph (a)(1) shall be conducted in a manner and at such times and locations as are reasonable and appropriate in the ordinary course of routine enforcement activities.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 4.05.
§ 4086. Registration Information.
A person authorized to enforce this Chapter is empowered to request and receive from Band tag and permit issuance stations and harvest registration stations information regarding tag and permit issuance and harvest registration.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 4.07.
§ 4087. Penalties.
Any member who, for himself or herself, or by his or her agent, servant or employee, or who as an agent, servant or employee of another, violates this Chapter, shall be liable as follows:
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(a) For all violations for which no other amount is specified, a civil remedial forfeiture of not more than $5,000.00;
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(b) For any violation, a revocation or suspension of hunting, fishing or gathering privileges for a period of time within the discretion of the court;
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(c) For any violation, a civil remedial forfeiture of any property, including boats, motors, vehicles, hunting or fishing equipment, or other property, used in the commission of the violation of this Chapter;
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(d) For all violations, the court may order a natural resources assessment not to exceed 75% of the amount of the civil remedial forfeiture; and
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(e) For all violations, appropriate court costs within the discretion of the court.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 4.08.
§ 4088. Enhancement of Forfeiture and Penalties.
Upon conviction of any member for a violation of this Chapter when such person has been convicted of a previous violation of this Chapter within a period of one year, the court may enhance any civil remedial forfeiture or other penalty as the court deems appropriate.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 4.09.
§ 4089. Civil Damages.
In addition to any other penalty allowed by this Chapter, the Band court may award to the Band or, in addition to an action to impose penalties, the Band may bring a civil action for recovery of damages against any member unlawfully killing, wounding, catching, taking, trapping, or having unlawfully in possession any of the following named protected wild plants, wild animals, or any part thereof, and the sum assessed for damages for each wild plant or wild animal, shall not be less than the amount stated in this section:
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(a) Any endangered and threatened species protected under this Chapter, $875.00.
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(b) Any fisher, marten, prairie chicken, sand hill crane, or raptor, $262.50.
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(c) Any deer, moose, elk or bear, $175.00.
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(d) Any bobcat, cougar, fox, beaver, badger or otter, $87.50.
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(e) Any coyote, raccoon or mink, $43.75.
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(f) Any sharptail grouse, ruffed grouse, spruce grouse, wild duck, coot, wild goose or brant, $26.25.
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(g) Any pheasant, Hungarian partridge, bobwhite, quail, rail, Wilson's snipe, woodcock or shorebird, or protected song bird or harmless bird, $17.50.
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(h) Any muskrat, rabbit or squirrel, $8.75.
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(i) Any muskellunge or rock or lake sturgeon, $43.75.
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(j) Any largemouth or smallmouth bass, $26.25.
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(k) Any brook, rainbow, brown, or steelhead trout, $26.25.
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(l) Any walleye, northern pike, or any other game fish not mentioned in pars. (9) to (11), $28.75.
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(m) Any wild animal or wild plant not mentioned in paragraphs (b) to (h), $17.50.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 4.10.
§ 4090. Seized Wild Animals and Wild Plants.
No wild animal or wild plant seized pursuant to this Chapter shall be returned to a convicted violator, his or her immediate family, or other member of the hunting, fishing or gathering party.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 4.11.
§ 4091. Schedule of Money Penalties; No Contest.
The Band Court, in consultation with the Department of Natural Resources, may adopt a schedule of forfeitures to be imposed by the Court upon the receipt of an admission that a violation of this Chapter has occurred, or a plea of no contest, which may be done either in person or in writing. This schedule shall not bind the Court as to forfeitures assessed by the Court after adjudicating a violation where the defendant has entered a plea of not guilty.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 4.12.
§ 4092. Collection of Money Penalties.
Enforcement of the money penalties imposed pursuant to this Chapter may be had through the collection of penalties from funds of the violator held by the Band, through the imposition of community service work requirements in lieu of money payment, through debt collection mechanisms of the courts of other jurisdictions, or through any other method authorized by law.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 4.13.
§ 4093. Parties to a Violation.
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(a) Whoever is concerned in the commission of a violation of this Chapter shall be deemed a principal and may be charged with the violation although he or she did not directly commit it and although the member who directly committed it has not been convicted of the violation.
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(b) A member is concerned in the commission of the violation if the member:
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(1) directly commits the violation;
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(2) aids or abets the commission of the violation; or
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(3) is a party to a conspiracy with another to commit, or advises, hires, counsels or otherwise procures another to commit, the violation.
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Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 4.14.
§ 4094. Harvesting After Revocation or Suspension.
No person whose hunting, fishing or gathering privileges have been revoked or suspended pursuant to § 4087(b) of this Chapter shall hunt, fish, trap or gather any wild plant or wild animal, the harvest of which is regulated by this Chapter, during such revocation or suspension.
Historical and Statutory Notes
Source:
Band Ordinance 07-97, § 4.15.