Yankton Sioux Tribal Code
TITLE XI - YANKTON SIOUX TRIBAL HUNTING, FISHING AND OUTDOOR RECREATION CODE
Sec. 11-1-010 Wildlife Conservation Department
A Wildlife Conservation Department is hereby established by the Yankton Sioux Tribal Council, which shall be an executive Department under Article II of the Constitution of the Yankton Sioux Tribe.
Sec. 11-1-020 Wildlife Conservation Commission
There is hereby created the Wildlife Conservation Commission. The Wildlife Conservation Department is hereby placed under the supervision of the Commission. The Commission shall consist of three (3) voting members and one (1) non-voting Business and Claims Committee member, all of whom shall be appointed by the Business and Claims Committee. All voting Committee members shall be selected from the tribal membership who are residents of the Reservation.
Sec. 11-1-030 Wildlife Policy
It shall be the policy of the Yankton Sioux Tribe that all wildlife and fishery resources within the exterior boundaries of the Yankton Sioux Indian Reservation, as established by the Treaty of 1858, are property of the Yankton Sioux Tribe, and that management of these resources is a fundamental form of tribal self-government, and that the tribe's wildlife and fishery resources shall be preserved, protected, perpetuated and managed in accordance with the provisions set forth in this Code and in rules and regulations promulgated by the Commission. It shall also be the policy of the Yankton Sioux Tribe that wildlife and fishery habitats be managed, to the greatest practicable extent, to ensure establishment and maintenance of optimum wildlife species diversity and population densities throughout the Reservation. It shall be the duty of the Commission to implement this policy, but not to change it.
Sec. 11-1-040 Indian Social and Cultural Values
Sec. 11-1-050 Definitions
Whenever the following words appear in the Wildlife Conservation Code, and orders, rules and regulations promulgated by the Commission or the Director of the Department of Wildlife Conservation, they shall be deemed to have the same meaning and terms of reference as set forth in this section, unless a different meaning clearly appears from the context.
1. "Reservation" shall mean all territory within the boundaries of the Yankton Sioux Indian Reservation, as established by the Treaty with the Yankton Sioux, 1858, 11 Stat. 743. For Yankton Sioux tribal members only, the provisions of this Code and rules and regulations promulgated by the Commission shall apply to the above-mentioned territory, and to all lands and waters outside Charles Mix County, South Dakota, which are held in trust by the United States for the Yankton Sioux Tribe, or lands and waters in which the aboriginal hunting and fishing rights of the Yankton Sioux Tribe have never been abrogated by act of Congress.
2. "Tribe" shall mean the Yankton Sioux Tribe.
3. "Tribal Court" or "Court" shall mean the Court of Indian Offenses established pursuant to 25 CFR Section 11 or the Yankton Sioux Tribal Court.4. "Commission" shall mean the Yankton Sioux Tribal Wildlife Conservation Commission.
5. "Department: shall mean the Yankton Sioux Tribal Wildlife Conservation Department.
6. "Tribal Council" shall mean the General Tribal membership of the Yankton Sioux Tribe.
7. "Business and Claims Committee: shall mean the executive branch of the Yankton Sioux Tribe whose members are elected by the General Tribal Membership.
8. "State" shall mean the State of South Dakota.
9. "Director" shall mean the Director of the Yankton Sioux Tribal Department of Wildlife Conservation.
10. "Person" shall mean an individual, partnership, corporation, company or any other type of association, and any agent or officer of any partnership, corporation, company, or any type of association. The masculine gender includes the feminine and the neuter.
11. "Wildlife" shall mean any form of animal life, native or exotic, generally living wild in a state of nature, endowed with sensation and the power of voluntary motion, including all wild mammals, birds, fish, reptiles, amphibians and their eggs, nests, and spawn, and any mammals, birds, or fish and their eggs, nests and spawn which are part of a Department program for propagation of any species which may be in a semi-domesticated state.
12. "Code" shall mean the Yankton Sioux Tribal Wildlife Conservation Code.
13. "Take" and its derivatives "taking, taken, took" shall mean hut, pursue, catch, capture, shoot, fish, seine, trap, kill, or possess or any attempt to commit any of these acts.
14. "Hunt" and its derivatives "hunting, hunted" shall mean chasing, driving, flushing, attracting, pursuing, worrying, following after or on the trail of, shooting at, stalking, or lying in wait for, any wildlife whether or not such wildlife is then or subsequently captured, killed, taken, or wounded. Such term does not include stalking, attracting, searching for, or lying in wait for, any wildlife by an unarmed person solely for the purpose of watching wildlife or taking pictures thereof.
15. "Fish" and its derivatives "fishing, fished" shall mean any effort made to possess, take, kill, injure, capture, catch any fish or bullfrog.
16. "Trap" and its derivatives "trapping, trapped" shall mean taking, killing, and capturing wildlife by the use of any trap, share, deadfall, or other device commonly used to capture wildlife, and the shooting or killing of wildlife lawfully trapped, and includes all lesser acts such as placing, setting or staking such traps, snares, deadfalls, and other devices, whether or not such acts result in the taking of wildlife, and every attempt to take and every act of assistance to any other person in taking or attempting to take wildlife with traps, snares, deadfalls or other devices.
17. "Possession" shall mean both actual and constructive possession, and any control of the object or objects referred to, and shall include "possession" of any species of wildlife or parts thereof, on one's person, premises, motor vehicle, or public or private place of processing or storage, provided that wildlife taken accidentally and in a manner not contrary to the provisions of this Code and Commission rules and regulations shall not be deemed to be in possession while being immediately released live back to the wild.
18. "Possession limit" shall mean the maximum limit in number or amount of wildlife which may be lawfully in the possession of any person. "Possession limit" shall apply to wildlife being in possession while in the field or being transported to final place of consumption or storage.
19. "Bag limit" shall mean the maximum number of wildlife which may be legally taken, caught, or killed by any one person for any particular period of time, as provided by order of the Commission. The term "bag limit" shall be construed to mean an individual, independent effort and shall not be interpreted in any manner as to allow one individual to take more than his "bag limit" toward filling the "bag limit" of another.
20. "Buy" shall mean to purchase, barter, exchange, or trade, and includes any offer or attempt to purchase, barter, exchange or trade.
21. "Sell" shall mean to offer or possess for sale, barter, exchange, or trade or the act of selling, bartering, exchanging or trading.
22. "Transport" shall mean to carry or convey or cause to be carried or conveyed from one place to another and includes an offer to transport, or receipt or possession for transportation.
23. "Carcass" shall mean the dead body of any species of wildlife including the head, hair, skin, plumage, skeleton, or any other parts thereof.
24. "Game" shall mean all wild animals and birds for which hunting seasons have been established or may be established by provisions contained within this Code.
25. "Game Fish" shall mean all species and subspecies of paddlefish, sturgeon, salmon, trout, pike, catfish, bullheads, sunfish, black bass, bluegill, crappies, perch, walleye, and sauger.
26. "Rough Fish" shall mean all fish species not defined as "game fish" and which are not protected.
27. "Fur-bearer" shall mean all mammals which are taken primarily for the sale of their pelts.
28. "Nongame Species" shall mean all species of wildlife which are not listed or covered or provided for within the provisions of this Code and are protected.
29. "Protected Species" shall mean all species of wildlife for which no season is established by this Code and may not be legally taken.
30. "Unprotected Species" shall mean those species of wildlife specifically enumerated in this Code which may be taken throughout the year.
31. "Conditionally Protected Species" shall mean those species of wildlife which are specifically enumerated in this Code and are defined as "protected species," but may be taken when causing or threatening to cause depredation to crops or livestock or are creating a health hazard.
32. "Open Season" shall mean the time specified by this Code and by rule, regulation, or order of the Commission when it shall be lawful to hunt, fish or trap for particular species of animals, birds, or fish. Each period of said time shall be specified as an "open season" and the period of time during each day when these activities can legally take place.
33. "Closed Area" shall mean any part of the Reservation, including waters thereof which have been closed to legal hunting, fishing, trapping, access or other activities by rule, regulation, or order of the Commission, so stated by signs posted in conspicuous places on or near the "closed area."34. "Specified Area" shall mean any part of the Reservation, including waters thereof, in which legal hunting, fishing, or trapping activities have been restricted to specified means or by methods, by rule, regulation, or order of the Commission.
35. "Resident" shall mean a person whose domicile is the Yankton Sioux Indian Reservation or Charles Mix County, South Dakota.
36. "Non-Resident" shall mean a person other than "resident" defined in number 35 of this Section.
37. "Order, Rule, Regulation" are all used interchangeably and each includes the others.
38. "Public Highway" shall mean the traveled portion of, and the shoulders on each side of, any road maintained by any governmental entity for public travel, and shall include all bridges, culverts, overpasses, fills, and other structures within the limits of the right-of-way of any such road.
39. "Motorized Vehicle" shall mean any water, land or air vehicle, and any conveyances attached thereto, propelled by means of steam, petroleum products, electricity, or any other mechanical power.
40. "License" shall mean a primary document issued pursuant to this Code and rule, regulation or order of the Commission which grants permission to an individual to engage in limited specified activities on the Reservation.
41. "Permit" shall mean a secondary document including stamps, requiring a "license" as a prerequisite to its issuance, which grants permission to engage in by limited specified activities provided by this Code and rules, regulations and orders of the Commission.
42. "Small Game" shall be defined as including the following: Family Anatidae - limited to geese, brants, dabbling ducks, diving ducks, tree ducks, sea ducks, and mergansers; Family Rallidae - including coots (mudhens) and gallinules (rail and soras); Family Charadiidae - including plovers and turnstones; Family Scopopacidae - including snipes, woodcock, and sandpipers; Gallinaceous Birds (with excepting of Family Malaegrididae - wild turkeys) to include Family Tetraonidae - sharptail grouse and prairie chickens, Family Phasianidae - bobwhite quail, ringneck pheasant, and Hungarian partridge; Family Columbidae - mourning dove; Cottontail Rabbit and Eastern Fox Squirrel.
43. "Big Game" shall be defined as wild turkey and any undomesticated cloven hooved ungulate, including whitetail deer, mule deer, pronghorn antelope, elk, and buffalo, for which an open season may be established by the Commission.
44. "Waterfowl" shall be defined as including any wild geese, brants or wild ducks.
45. "Tag" shall mean a card, label, or other identification device issued for attachment to the carcass of any big game animal pursuant to the provisions of this Code and rules, regulations and orders of the Commission, the proper validation and attachment of which is required to reduce said carcass to lawful possession.
46. "Bait" for purposes of hunting shall mean any food item including, but not limited to, shelled or unshelled grains, shucked or unshucked grains, alfalfa, hay, food supplements, salt, and any other items which entice or attract game to a particular place.
47. "Baiting" shall mean the act of putting out, scattering, or in other ways distributing "bait" for the purposes of attracting and taking any game animal or hunting over bait.
48. "Snagging" shall mean the use of hook or hooks and line, with or without a pole, to impale or attempt to impale fish in a manner other than by natural feeding behavior by fish.
49. "Bait Fish" shall mean any fish or minnow which is used for angling, or for the capture and taking of fish.
50. "Live Bait" shall mean the use of any bait fish, amphibian, or any other animal while alive for angling.51. "Trot Line" shall mean any line used for fishing with one or more hooks which is not used with a conventional rod and reel and is left unattended. "Trot Line" shall include, but not be limited to, the terms, throwline, set line, limb line, or jug line.
52. "Guiding" shall mean to assist any person in the taking or the attempted taking of wildlife for consideration.
Sec. 11-1-060 Jurisdiction - Hunting and Fishing
A. The Yankton Sioux Tribe has jurisdiction to regulate hunting and fishing on the Yankton Sioux Indian Reservation, as established by the Treaty of 1858. No person at any time, in any manner, may acquire any property interest in or subject to his dominion and control any game bird, game animal, game fish, or any part thereof except by killing, catching, taking, or possessing in the manner provided by this Code or rules and regulations adopted by the Commission.
B. The Wildlife Conservation Department shall have the power to regulate and control in every practical manner, under the laws of the Yankton Sioux Tribe, and rules and regulations adopted by the Commission, the conservation, protection, importation, propagation, hunting, fishing, taking, or killing of all game and fur-bearing animals, fish, and protected non-game wildlife and fish species on the Reservation.
Sec. 11-1-070 Jurisdiction of the Court
A. Any person who violates any provision of this Code or the regulations adopted by the Commission shall be subject to criminal prosecution in Tribal Court or in the Court of Indian Offenses established in 25 CFR Part II and Federal Court under appropriate section of the United States Code.
B. Any person who is convicted of violating any provision of this Code or rule or regulation adopted by the Wildlife Conservation Commission shall be prima facie liable for any damages to the Yankton Sioux Tribe as a result of such violation.
C. Failure to obtain conviction on a criminal charge shall not be a bar to a separate civil action for such damages. The Yankton Sioux Tribe may bring a civil action for damages, restitution, or equitable remedy against any person in any court of competent jurisdiction. Any such action brought by the Tribe shall not constitute a waiver of the tribe's sovereign immunity, unless explicitly waived by the Tribe.
Sec. 11-1-080 Acts Within the Reservation Subjecting Persons to Jurisdiction
of the Court
Any person is subject to the jurisdiction of the Tribal Court of this Reservation as to any cause of action arising from the doing personally, through any employee, through any agent or through a subsidiary, of any of the following acts:
A. The transaction of any business within the Reservation;
B. The commission of any act which results in accrual within this Reservation of a tort action;
C. The ownership, use, or possession of any property, or of any interest therein, situated within this Reservation;
D. Entering into a contract for services to be rendered or for materials to be furnished within this Reservation by such person;
E. Entering
into negotiations with any within this Reservation with the apparent
objective of contracting for services to be rendered or materials to
be furnished within this Reservation;
F. Commencing or participating in any negotiations, mediation, arbitration, or litigation involving subject matter located in whole or in part within this Reservation;
G. The commission of any act, the basis of which is not inconsistent with the Constitution of the Yankton Sioux Tribe or with the Constitution of the United States.
Sec. 11-1-090 Civil Actions, Remedies, Sovereign Immunity Not Waived
A. Any person who violates this Code shall be deemed to have committed an actionable offense against the Tribe and such person shall be liable to the Tribe for all injuries proximately caused by such act. The Tribe may recover all actual damages and shall have available all remedies at law and at equity for injuries caused by such act. Actual damages shall include, but not be limited to, attorney fees and all necessary costs in bringing action.
B. Any person who deliberately causes injury to the Tribe in violation of this Code shall be subject to treble damages.
C. Nothing in this section shall prevent a tribal member or other person injured by such act from bringing a private cause of action against the actor, and such injured person shall have all available remedies at law and at equity for his injury as are available to the Tribe.
D. Nothing in this section or elsewhere in this Code shall constitute a waiver of the tribe's sovereign immunity. The hunting or fishing or trapping for game animals, fur-bearing animals, or fish on this Reservation by a nonresident of the Reservation shall be implied consent by that person to the jurisdiction of the Tribe and to be bound by its laws, and shall be deemed an appointment by such nonresident of the Agency Superintendent to be his lawful attorney upon whom may be served legal process in any action against such nonresident, his executor or administrator, growing out of such hunting or fishing which results in damages or loss to person or property, and said hunting shall signify such non-resident's agreement that any such process in any action against him, his executor or administrator, which is so served shall be of the same legal force as if served upon him, his executor or administrator personally.
Sec. 11-1-100 Service of Process on Agency Superintendent for Nonresident
Hunter or Fisherman, Fee, Mailing to Defendant, Publication, Personal
Service Off Reservation, Time for Appearance by Defendant, Record of
Process Served
A. Such service of process as authorized by Section 11-1-100 shall be made by filing in the office of the Agency Superintendent, a copy of such process and payment to such Superintendent a fee of Five Dollars ($5.00) and shall be completed by the plaintiff, his agent or executor or administrator, by publication in a newspaper of general circulation or by certified mail at the defendant's last known post office address, or the last known post office address of defendant's executor or administrator, notice of such service and a copy of the process. In lieu of such mailing, such process may be served upon the defendant or his executor or administrator personally without the Reservation at any time within thirty (30) days after such filing of such process. The time within which the defendant or his executor or administrator may appear shall not commence to run until such mailing, publication or such personal service without the Reservation. The Agency Superintendent shall keep a record of all such process so served, such record to show the day and hour of such service. The fee of five dollars ($5.00) paid by the plaintiff to the Agency superintendent shall be taxed in his costs if he prevails.
B. In the event mailing process to a nonresident of the Reservation is unsuccessful, the Superintendent shall serve process by publication of summons at least one (1) time per week for three (3) consecutive weeks in a newspaper of general circulation in the county of the defendant's last known post office address.
Sec. 11-1-110 Proof of Service on Nonresident Hunter or Fisherman
A. Proof of the service as provided by this section must be attached to the original process. If the service is completed by mailing, such proof must include a showing by affidavit that the address to which the copies were mailed was in fact the last known post office address of the defendant, his executor or administrator, which the plaintiff could, with reasonable diligence, ascertain and must also include the receipt issued by the postal authorities.
B. If the service is completed by publication, such proof must include a showing that service by certified mailing was unsuccessfully attempted, by affidavit of mailing copies of such process to the newspaper for publication, and by affidavit of the printer, his foreman, or principal clerk or the publisher of the newspaper showing the time, place, and manner of such publication.
Sec. 11-1-120 Continuance of Action to Permit Defense by Nonresident
Hunter or Fisherman
Sec. 11-1-130 Severability of Illegal Provisions
If any provision of this Code is held to be illegal by the Tribal Court or the Federal Court, only the offending provision or part thereof, whichever is smaller, will be excised from the Code, the remaining portion of the provision and the Code shall be retained, with full force of law.
CHAPTER II. POWERS AND DUTIES OF THE WILDLIFE CONSERVATION COMMISSION
Sec. 11-2-010 Administration
The Wildlife Conservation Commission shall supervise the activities of the Wildlife Conservation Department and shall provide direction to Department employees. The Commission shall hold regular monthly meetings to review Department activities, develop work plans for Department employees, regarding hunting, fishing and trapping seasons. The Commission shall submit a monthly financial report of the Department to the Yankton Sioux tribe's Administrative Assistant, and will coordinate with the Department, the Administrative Assistant, the Business and Claims Committee, and the BIA to prepare an annual budget and manage fiscal matters for the Department. The Commission will also coordinate efforts to acquire additional funding for the Department. Additional meetings will be scheduled as often as necessary to effectively administer Department business.
All rules and regulations adopted and administrative decisions made by the Commission concerning the tribe's wildlife and fishery resources and their habitats shall be considered routine business, within the meaning of Article I of the Yankton Sioux tribe's Constitution, so long as such rules, regulations and administrative decisions bear a rational relationship to the Code and the tribe's wildlife policy.
Sec. 11-2-020 Authorization for Committee Powers and Duties
For purposes of administering the wildlife policy of the Yankton Sioux Tribe, the Commission is hereby authorized and empowered to:
A. Investigate and find facts regarding the status of the tribe's wildlife and fishery populations and habitats, in order to give effect to the announced policies of the Tribe in Sec. 11-1-30 and Sec. 11-1-40.
B. Hold hearings for the purpose of receiving testimony, considering evidence, and determining the facts as to when the supply of any wildlife on the Reservation will be adversely affected by the taking thereof, and for the purpose of determining when an open season may be declared for taking of wildlife.
C. Give due regard to recommendations of the Director of the Wildlife Conservation Department in declaring whether the supply of any particular species of wildlife is in adequate supply to support an open season without causing injurious effects. The Commission shall adopt rules and regulations with respect to each species of wildlife for which an open season has been declared, based upon biological and non-biological factors, designed to conserve each species and provide adequate opportunities for harvest. These regulations shall contain at minimum, season length, method of harvest, bag and possession limits based on sex and number, tagging and reporting requirements where applicable.
D. Whenever the Commission finds it necessary for the preservation, protection, or management of any wildlife on this Reservation, by any sudden or unexpected emergency, the Commission may, by written order, declare the existence of an emergency, identify the cause, and prescribe immediate opening, closing, or imposition of restrictions on the taking of wildlife which the Commission may find necessary.
1. Every such emergency order shall be published in a newspaper of general circulation in Charles Mix County, for two (2) weeks and by other means best determined to provide notice to affected persons.
2. Any person knowingly hunting, fishing, or trapping in an area closed by any such emergency order, or hunting, fishing, or trapping contrary to the provisions of such emergency order, and before such order has been rescinded, shall be in violation of this Code.
E. Upon notice, hold drawings for the Tribal membership or general public, giving license holders, under the wildlife laws of this Reservation, the privilege for drawing by lot for a controlled hunt permit, authorizing the person to whom the permit is issued to hunt, kill, or attempt to kill any species of wild animals or birds designated by the Commission under such rules and regulations as it may prescribe. It is a violation of this Code for any person to transfer any such permit to any other person, or for any person to make use of such permit issued to any other person.
F. Adopt rules and regulations pertaining to the importation, exportation, release, sale, possession or transportation into, within or from the Reservation, of any species of live, native, or exotic wildlife, or any eggs thereof.
G. Acquire for and on behalf of the Tribe, by purchase, condemnation, lease, agreement, gift, or other device, lands or waters suitable for the following purposes:
1. For fish hatcheries, nursery ponds, or game animal or game bird farms;
2. For game, bird, fish or fur-bearing animal restoration, propagation or protection;
3. For Tribal or public hunting, fishing, or trapping areas to provide places where tribal members or the public may fish, hunt, or trap in accordance with this Code and Commission rules and regulations;
4. To extend and consolidate by exchange, lands or waters suitable for the above purposes.
H. Enter into cooperative agreements with educational institutions, and state, federal, or other agencies to promote wildlife research and to train students for wildlife management.
I. Enter into cooperative agreements with state and federal agencies, municipalities, corporations, organized groups of landowners, associations, and individuals for the development of wildlife rearing, propagating, management, protection, and demonstration projects.
J. Capture, propagate, transport, buy, sell or exchange any species of wildlife needed for propagation or stocking purposes, or to exercise control of undesirable species.
Sec. 11-2-030 Wildlife to be Classified - The Wildlife Conservation Commission shall, from time to time, investigate and determine the habits and distribution of the various species of wild animals, wild birds, and game fish native to or capable of being adapted to the terrestrial and aquatic eco-systems on the Reservation, and classify the wild animals as game animals, predatory animals, and fur-bearing animals, and classify the wild birds as game birds including migratory game birds and upland game birds, predatory birds, non-game birds, and harmless or song birds.
Sec. 11-2-030 Propagation and Protection, Wildlife Conservation Commission
to Regulate
A. The Wildlife Conservation Commission may regulate propagation and preservation of all game animals, fur-bearing animals, game birds, non-game birds, harmless or song birds, and game fish, and the collection of game fish spawn, and distribution thereof, and the distribution of fry and adult game fish in any of the rivers, streams, lakes, and ponds of the Reservation, and may import such spawn, fry, and adult fish as may be deemed advisable, and, when so propagated, taken, or imported, distribute the same on the Reservation as necessities and adaptabilities may require.
B. The Commission may authorize or prohibit the importation of wild animals, wild birds and game fish, and regulate and license the sale and transportation thereof within the Reservation.
Sec. 11-2-040 Rules and Regulations
The Wildlife Conservation Commission shall, from time to time, adopt, promulgate, amend, or repeal, and enforce, reasonable rules and regulations governing the time, place and manner, of taking or prohibiting the various classes of game animals, fur-bearing animals, and predatory animals, game birds, predatory birds, non-game birds, and harmless or song birds, and game fish throughout the Reservation, and specify the quantities, species, sex and size of such animals, birds, and fish that may be taken.
Sec. 11-2-050 Game Preserves and Game Refuge
The Wildlife Conservation Commission may establish within the Reservation by rule and regulation game reserves and closed areas wherein all hunting and trapping for game animals, game birds and fur-bearing animals, may be prohibited and game fish reserves and closed waters wherein all fishing for game fish may be prohibited.
Sec. 11-2-060 Rules and Regulations, How Promulgated, Certified Copy
As Evidence
A. All rules and regulations adopted by the Wildlife Conservation Commission and all amendments to, modifications or repeals of existing rules and regulations, shall be adopted by a majority vote of the Commission at any meeting by resolution, entered and recorded in the minutes of the Commission, and shall be sent to the Tribal Chairman and the Superintendent. The Commission may direct the publication of any such rules and regulations in the newspapers or other media by providing therefore in such resolution.
B. Any copy of such resolution, certified as a true copy by the Chairman of the Wildlife Conservation Commission or the Tribal Chairman, shall be admissible in any court as prima facie evidence of the adoption, promulgation, and validity of any such rule or regulation.
Sec. 11-2-070 Service of Process by Game Officials, Aid by Law Enforcement
Officials and Director
The Director of the Wildlife Conservation Department, all Tribal Conservation Officers, and all other law enforcement officials who are authorized to enforce this Code and rules and regulations of the Commission, may serve and execute all warrants and process issued by the Court in enforcing the provisions of this Code and all rules and regulations of the Commission pertaining to the wild animals, wild birds, and game fish or pertaining in any manner to the management, operation, maintenance or use of all real property within the exterior boundaries of the Reservation or the conduct of persons in or on the same.
Sec. 11-2-080 Acquisition of Additional Land by Exchange
Whenever it may become necessary in order to obtain additional lands for hatchery sites, rearing ponds, brood traps, trap sites, game animal, fur-bearing animal, game bird, non-game bird, and game fish farms, habitats, and sanctuaries, and tribal hunting or fishing areas, or for rights-of-way access to any and all such lands, the Commission may enter into agreements accordingly with the concurrence of the Business and Claims Committee.
Sec. 11-2-190 Ordered Removal or Killing of Game in Certain Circumstances
A. The Wildlife Conservation Commission may order removal or killing of any wild animal, game fish, or wild bird that in its judgment is destroying or injuring property, or when in the judgment of the Commission, such killing or removal is necessary for scientific research, or for proper game or game fish management.
B. In the event of any such killing of any wild animals, wild birds, or game fish, the Commission shall, whenever in its opinion it is feasible or practical, distribute the meat and other useable parts thereof to need tribal members or tribal organizations.
Sec. 11-2-100 Use of Tribal and Other Reservation Lands for Game Purposes
The Wildlife Conservation Commission, with concurrence of the Business and Claims Committee, is authorized to withdraw from lease any tribally owned lands, or at the request of allottee, lease Indian allotments, or other lands within the Reservation if, in the judgment of the Commission and Business and Claims Committee, such withdrawal or lease will be of benefit to the Tribe and wildlife or fishery populations of the Reservation.
Sec. 11-2-110 Cooperative and Reciprocal Agreements
The Wildlife Conservation Commission is authorized, subject to approval by the Tribal Council, to enter into cooperative and reciprocal agreements with the State of South Dakota and/or Federal Government or governmental agency, for the purpose of promoting and implementing wildlife and fishery management programs, forestry programs, and outdoor recreational activities.
Sec. 11-2-120 Wildlife Conservation Accounts
A. The Director shall promptly transmit to the Yankton Sioux tribe's Administrative Assistant all moneys received by him, from the sale of hunting, fishing and trapping licenses, tags and permits, or from any other source connected with the administration of provisions of the Wildlife Conservation Code or any Commission rule or regulation for the protection of wildlife, and Administrative Assistant shall deposit all such moneys in a special account to be known as the "Wildlife Conservation Account," which is hereby established, reserved, set aside, appropriated, and made available until expended as may be directed by the Commission in carrying out the purposes of the Wildlife Conservation Code, or any rule or regulation promulgated for the protection of wildlife, and shall be used for no other purpose.
B. The Commission shall govern the financial policies of the Department and shall, as provided by law, fix the budget for the operation and maintenance of its work for each fiscal year. Said budget shall not be exceeded by the Director.
C. For the purpose of acquiring access and acquiring and rehabilitating big game ranges, upland bird and waterfowl habitats, and fishery habitats, the Director shall set aside moneys within the Wildlife Conservation Account in an amount equal to Two Dollars ($2.00) for each non-tribal member Game and Fish License or permit sold.
Said moneys shall be used only for acquiring access and for the acquisition and rehabilitation of big game ranges, upland game bird and waterfowl habitats, and fishery habitats. Unless it is inconsistent with the goals of the Commission, it is the intent of the Tribe that the Commission negotiate lease arrangements, as well as outright purchase of private property.
D. The Commission may receive, on behalf of the Department, any money or real or personal property donated, bequeathed, devised, or conditionally granted to the Department. Any real property granted to the Department shall be placed in trust and shall be primarily managed for wildlife. Such moneys received directly or derived from the sale of such property shall be deposited by the Yankton Sioux tribe's Administrative Assistant in a special account to be known as the "Wildlife Conservation Trust Account," which is hereby established, set aside, appropriated and made available until expended, used, and administered to carry out the terms or conditions of such donation, bequest, devise, or grant, or in the absence of such terms or conditions, the Commission may expend, use, and administer such funds as it may deem advisable in the tribe's interest and in accordance with the policies set forth in the Wildlife Conservation Code.
Pending such expenditure or use, surplus moneys in the tribe's Wildlife Conservation Trust Account shall be invested by the tribe's Administrative Assistant in the manner provided by the Commission, and all interest received on all such investments shall be paid into the Wildlife Conservation Trust Account.
CHAPTER III. POWER AND DUTIES OF THE WILDLIFE CONSERVATION DEPARTMENT
Sec. 11-3-010 Authorization for Department Powers and Duties
The Department of Wildlife Conservation is authorized and empowered to carry out the policy of the Yankton Sioux Tribe, under direction of the Wildlife Conservation Commission, by enforcement of this Code and rules and regulations of the Commission, and engaging in such activities as reasonably required to manage the tribe's wildlife and fishery resources and their habitats.
Sec. 11-3-020 Director of Department of Wildlife Conservation
A. The office of Director is hereby created. The Commission shall appoint a Director of the Department of Wildlife Conservation, hereinafter referred to as the Director, who shall be a person with knowledge of, and experience in, the requirements for the protection, conservation, restoration, and management of the wildlife resources of the Reservation. The Director shall not hold any other office in tribal government, and shall devote his entire time to the service of the Tribe in the discharge of his official duties, under direction of the Commission.
B. Powers and Duties of Director.
1. The Director shall have general supervision and control of all activities and functions, and employees of the Department of Wildlife Conservation, under the supervision and direction of the Commission, and shall enforce all the provisions of this Code, and rules and regulations of the Commission relating to wild animals, birds, and fish and, further, shall perform all the duties prescribed in his job description and powers incident to this Code.
2. The Director shall serve as a nonvoting member of the Commission, and shall assist the Commission in its duties to appoint employees as may be necessary to perform administrative duties, enforce the laws and to properly implement management, propagation, and protection programs established for carrying out the purposes of the Wildlife Conservation Code.
3. The selection of such department employees shall be made by the Commission in accordance with the Personal Policies and Procedures of the Business and Claims Committee.
4. The Director, or any person appointed by the Commission in writing to do so, may take wildlife of any kind, dead or alive, or import the same, subject to such conditions, restrictions and regulations as the Commission may provide, for the purpose of inspection, cultivation, propagation, distribution, scientific, or other purposes deemed by him to be of interest to the fish and game fish and game resource of the Tribe.
5. The Director shall have supervision over all of the matters pertaining to the inspection, cultivation, propagation and distribution of the wildlife propagated under this Code. He shall also have the authority, with concurrence of the Commission, to obtain, by purchase or otherwise, wildlife of any kind or variety which he may deem most suitable for distribution on the Reservation and may have the same properly cared for and distributed throughout the Reservation as he may deem necessary.
6. The Director shall have the power, at any time when it is desired to introduce any new species, or if at any time any species of wildlife of the Reservation shall be threatened with excessive shooting, angling, or trapping or otherwise, to close any open season for such time as he may designate; in the event an emergency is declared to exist such closure shall become effective immediately, upon written order of the Commission; in all other cases upon publication and posting as provided for in this Code.
7. During the closure of any open season, all provisions of this Code relating to the closed season on such wildlife shall be subject to the penalties prescribed therefor.
8. The Director shall make an annual report to the Commission, the Business and Claims Committee, the Administrative Assistant, and the Tribe, of the activities and condition of the Wildlife Conservation Department.
Sec. 11-3-030 Duties of Conservation Officers and Other Law Enforcement
Officers
Every Tribal Conservation Officer, Agency Law Enforcement Officer, and other law enforcement personnel specifically authorized by the Wildlife Conservation Commission, shall enforce all provisions of this Code, and regulations adopted by the Commission for the protection of game animals, fur-bearing animals, game girds, non-game birds, harmless or song birds, and game fish, and further shall enforce all laws or rules and regulations adopted by the Commission pertaining in any manner to the management, operation, maintenance or use of all real property used, owned, leased or controlled by the Tribe or the conduct of persons in or on the same, and may issue citations to persons failing to comply with any such law or rules and regulations.
Sec. 11-3-040 Arrest Without Warrant
Any Tribal Conservation Officer, Agency Law Enforcement Officer, or other specifically authorized law enforcement personnel may, without warrant, arrest any person found violating any law enacted, or any rule or regulation adopted and promulgated by the Commission, pertaining to wild animals, wild birds and game fish or pertaining in any manner to the management, operation, maintenance or use of all real property used, owned, leased, or controlled by the Tribe or the conduct of persons in or on the same.
Sec. 11-3-050 Search Vehicles, Game Bags, Receptacles, etc.
Any Tribal Conservation Officer, Agency Law Enforcement Officer, or other specifically authorized law enforcement officer may search without warrant, any conveyance, vehicle, game bag, game basket, game coat, or other receptacle for game animals, game birds, or game fish, or any package, box, tent, camp, or other similar place which he has reason to believe contains evidence of violations of this Code or Commission rules and regulations.
Sec. 11-3-060 Seizure of Contraband Game and Devices; Forfeiture
Any Tribal Conservation Officer, Agency Law Enforcement Officer, or other specifically authorized law enforcement officer may seize without warrant all wild birds, wild animals, fish, or parts thereof, taken, killed, transported, or possessed contrary to this Code, or rule or regulation of the Commission, and any dog, gun, trap, net, seine, decoy, bait, boat, light, fishing tackle, or other device unlawfully used in hunting, fishing or trapping, or held with intent to use unlawfully in hunting, fishing, or trapping. The Tribal Judge shall have the power and jurisdiction in any prosecution for unlawfully hunting, fishing, or trapping, in addition to any other penalty provided by the law, to forfeit for the use of the Commission, any wild animal, wild bird, or fish, and any article so seized and proved to have been unlawfully used or held with intent unlawfully to use. In case it appears upon the sworn complaint of the officer making the seizure that any articles seized were not in the possession of any person, and that the owner thereof is unknown, the Court shall have power and jurisdiction to forfeit such articles so seized upon a hearing duly had after service of summons describing the articles seized, upon the unknown owner by publication in any newspaper of general circulation in Charles Mix County. The summons shall run two consecutive weeks and shall give the owner fifteen (15) days from the date of the last publication to appear before the Court and contest the forfeiture. All dogs, guns, traps, fishing tackle, nets, seines, decoys, baits, boats, lights, or other devices seized under the provisions of this Code unless forfeited by order of the Court, shall be returned, after the completion of the case, and the fines and damages, if any, have been paid.
Sec. 11-3-070 Disposition of Forfeited Articles
In the event of the seizure and forfeiture of any articles as provided in Section 11-3-060, the Wildlife Conservation Commission may sell all or any of such articles at public or private auction. The time, place, and manner of holding such sale shall be within the discretion of the Chairman of the Commission: Provided that notice of the time and place of any such sale shall be published once a week for a least two (2) consecutive weeks in advance of such sale, in a newspaper of general circulation in Charles Mix County. The proceeds from all such sales shall be deposited by the Tribal Administrative Assistant, to the Wildlife Conservation Department Account.
Sec. 11-3-080 Seizure of Contraband Game, Search Warrant
The Court shall, upon complaint showing probable cause for believing that any wild bird, wild animal, game fish, or part thereof, caught, taken, killed, or had in possession, or under control by any person, or shipped or transported contrary to this Code or rule or regulation of the Wildlife Conservation Commission, is concealed or illegally kept in any game bag, game basket, game coat, or in any other receptacle for game animals, game birds, or game fish, or in any package, box, cold-storage locker or plant, market, tavern, boarding house, restaurant, building, or vehicle, or other place, issue a search warrant and cause a search to be made in any such place for any wild birds, wild animals, game fish, or any part thereof, and may cause any buildings, enclosure, or vehicle to be entered; any chest, box, locker, crate, basket, package, or other receptacle, to be opened, and the contents thereof examined.
Sec. 11-3-090 Certain Devices Declared Public Nuisances
All nets, seines, lanterns, snares, devices, contrivances, and materials while in use, or had and maintained for the purpose of catching, taking, or killing, or attracting, or decoying any wild bird, wild animal, or game fish, contrary to law or rule or regulation of the Wildlife Conservation Commission, are public nuisances. All Tribal Conservation Officers, Agency Law Enforcement Officers, and other specifically authorized law enforcement officers shall, without warrant or process, take, seize, abate, or destroy them while being used, had, or maintained for such purpose.
Sec. 11-3-100 Acquisition of Specimens for Propagation
The Wildlife Conservation Commission may authorize the Department to secure by purchase, gift, or exchange with the proper authorities of other countries, federal agencies, states, or reservations, wild birds, their nests and eggs, wild animals, and game fish, fry or spawn, for stocking or propagating purposes and may sell or otherwise dispose of birds, animals, fish, fry or spawn, so obtained. No Tribal Conservation Officer, Agency Law Enforcement Officer, or other specifically authorized law enforcement officer shall sell or give away any game bird, game animal, or fish, eggs, fry or spawn, to any person without the written consent of the Commission, or its designee.
CHAPTER IV. PROTECTION OF ANIMALS AND BIRDS
Sec. 11-4-010 Methods Prohibited, Exceptions
It is a violation of this Code except as may otherwise be provided herein or by rules and regulations adopted by the Wildlife Conservation Commission, for any person to take any of the game animals, birds, or fur-bearing animals of this Reservation and provided further it is a violation of this Code for any person to:
A. Hunt from motorized vehicles. Take any game from any motorized vehicle or any conveyance attached thereto, or discharge any firearm at any wild animal while on a public highway or in a field of unharvested grain.
Exception - handicapped hunters. Licensed hunters who are paraplegic or otherwise physically unable to walk with or without crutches, braces, or other mechanical support devices in the fields or woods, and who have obtained a special permit from the Department, may shoot from a standing vehicle, off public highways, in the course of hunting game animals and game birds.
B. Molest with motorized vehicles. Use any motor vehicle to molest, chase, harass, disperse, rally or otherwise disturb wildlife by means other than by legal hunting methods and in the ordinary course of hunting.
C. Communicate from aircraft. Make use of aircraft in any manner to spot or locate game animals, game birds, fur-bearing animals, or predators of this Reservation from the air and communicate the location or approximate location by any signals whatsoever, whether radio, visual or otherwise, to any person then on the ground.
D. Hunt from aircraft. Hunt from any form of aircraft, whether fixed-wing, rotary-wing, or otherwise, within the exterior boundaries of the Yankton Sioux Indian Reservation.
E. Hunt on same day aircraft operated. Hunt big game, fur-bearing animals, or waterfowl on the same day that one has flown any form of aircraft over or through the Yankton Sioux Indian Reservation.
F. Artificial light. Hunt any animal or bird, except raccoon, by the aid of a spotlight, flashlight, or artificial light of any kind. The act of casting or throwing, after sunset, the bean or rays of any spotlight, headlight or other artificial light capable of utilizing six (6) volts or more of electrical power upon any field, forest or other place by any person while having in his possession or under his control any uncased firearm or contrivance capable of killing any animal or bird, shall be prima facie evidence of hunting with an artificial light. Provided, nothing in this subsection shall apply where the headlights of a motor vehicle, operated and proceeding in a normal manner on any highway or roadway, cast a light upon animals or birds on or adjacent to such highway or roadway and there is no intent or attempt to locate such animals or birds. Provided further, nothing in this subsection shall prevent the hunting or predatory wildlife with the aid of artificial light when such hunting is for the purpose of protecting property or livestock, and is done by landowners or persons authorized in writing by them to do so and is done on property they own, lease or control; and, provided further that the hunting and taking of unprotected or predatory wildlife with the aid of artificial light on trust lands is authorized only after obtaining a permit to do so from the Director or his designee. The Director may, for good cause, refuse to issue such permit.
Other provisions of this subsection notwithstanding, the Commission may establish regulations allowing the hunting of raccoon with the aid of an artificial light.
G. Regulation of dogs.
1. No person shall make use of a dog for the purpose of pursuing, taking or killing any of the big game animals of this Reservation, except as otherwise provided by rules and regulations of the Commission.
2. The owner of any dog found running at large and which is actively tracking, pursuing, harassing or attacking any big game animal of this Reservation shall be in violation of this Code. It shall be no defense that such dog or dogs were pursuing said big game animals without the aid or direction of the master.
3. Any dog found running at large and which is actively tracking, pursuing, harassing, attacking or killing any big game animal of this Reservation may be destroyed without criminal or civil liability by Tribal Conservation Officer, Agency Law Enforcement Officer, or other law enforcement officer specifically authorized to enforce this Code or rules and regulations adopted by the Commission.
H. Use of radios. It shall be unlawful to use citizen band radios, or other two-way radios, from either base stations or motor vehicles, to assist any person in the harvest of any form of wildlife on the Reservation.
Sec. 11-4-020 Protection of Birds
A. Game, song, insectivorous, rodent killing, and innocent birds protected.
1. Except for English sparrows and European starlings, it is a violation of this Code, at any time of the year, for any person to hunt, kill or capture any game, song, rodent killing, insectivorous or other innocent bird, except as provided herein or by the Wildlife Conservation Commission and regulations promulgated hereto, or for any person to intentionally disturb or destroy the nest or nests of such birds.
2. Purple grackle, crow, magpie, red-winged blackbird, Brewers blackbird, rusty blackbird, and the bronzed grackle may be taken at any time when committing or about to commit depredation upon ornamental, shade, or fruit trees, agricultural crops, gardens, livestock or wildlife, or when concentrated in such numbers and manner as to constitute a health hazard or other nuisance.
B. Migratory birds.
1. It is a violation of this Code for any person to hunt, take or have in possession any migratory birds except as provided by the Federal Regulations made pursuant to the Federal Migratory Bird Treaty Act, as amended, and in accordance with this Code and related rules and regulations promulgated by the Commission.
2. It is a violation of this Code for any person subject to the Federal Migratory Bird Hunting Stamp Act to hunt any migratory waterfowl unless he carries on his person an unexpired Federal Migratory Bird Hunting Stamp validated by his signature in ink across the face.
C. Falconry. The Commission is authorized to establish a falconry program and to promulgate rules and regulations governing the same.
Sec. 11-4-030 Fur-Bearing Animals; Seasons; Methods; Amounts
It is a violation of this Code to trap or take by any method or means and at any time or in any amount or to have in possession any wild fur-bearing animal or pelts thereof except as permitted by provisions of this Code and rules and regulations adopted by the Wildlife Conservation Commission.
A. Trapping - Fur-bearing animals. It is an unlawful misdemeanor to:
1. Use any part of a game bird, game animal, or game fish for bait trapping or taking of any wildlife.
2. Destroy, disturb, or remove the trap or traps of any licensed trapper within this Reservation provided, however, that any Tribal Conservation Officer, Agency Law Enforcement Officer, or other specifically authorized law enforcement officer may inspect such traps and seize the same when unlawfully set.
B. Seizure and sale of unclaimed traps. Traps or other trapping equipment unlawfully set shall be seized by any officer authorized to enforce this Code and rules and regulations adopted by the Commission and may be sold and the moneys of such sale shall be deposited by the Administrative Assistance in the Wildlife Conservation Department Account.
1. Make any set using any steel leghold trap larger than size four (4).
Sec. 11-4-040 Special Bobcat and Lynx Export Tags
The Wildlife Conservation Commission may provide for, and regulate the issuance of a special tag to be attached to the hide of any bobcat or any lynx hides taken on the Reservation, as provided by regulation of the U.S. Fish and Wildlife Service. The Commission may set the price to be charged for such tags, at a cost not to exceed Five Dollars ($5.00) per tag. No export tag shall be issued for any bobcat or lynx hide not taken on the Reservation.
Sec. 11-4-050 Trafficking in Game Prohibited, Exception, Common and
Contract Carrier
Except as authorized by permit or license lawfully issued by the Director, or by rule or regulation of the Commission, it shall be unlawful for any person to have in his possession for sale or with intent to sell, or to expose or offer for sale, or to sell, or to barter for, or to exchange, or to buy, or to have in his possession with intent to ship, or to ship, any game animal, game bird, fur-bearing animal, or game fish or any part thereof. It shall further be unlawful for any common or contract carrier knowingly to transport or receive for shipment any such game animal, game bird, fur-bearing animal, or game fish or any part thereof. Provided, that nothing contained in this section shall prohibit any person from buying, selling, or shipping the following:
A. Mounted specimens of wildlife legally taken, however, not mounted specimens of migratory birds shall be sold.
B. Horns, antlers, or heads of legally taken game animals, when detached from the carcass, however, such horns or head shall only be legal when accompanied by statement showing that the animals were lawfully killed.
C. Hides or pelts of legally taken wildlife, however, no bobcat or lynx pelts may be sold or transported off the Reservation without first being inspected by Department personnel and having a bobcat and lynx export tag attached as provided in 1-4-040.
D. The sale and purchase of court confiscated, abandoned, or unclaimed wildlife shall be lawful when made in accordance with approved Department procedure, as established by the Commission.
E. The sale of commercially raised wildlife by properly licensed commercial facilities shall be lawful.
Sec. 11-4-060 Other Acts Prohibited
Any person who commits any of the following acts shall be in violation of this Code:
A. Destruction or defacing any sign posted by authority of the Department, Commission, or Tribe.
B. Destruction of any fence, taking down and leaving any fence, or leaving open any gate.
C. Damage to any real or personal property through the use of any motorized vehicle while engaging in any hunting, fishing or trapping activities.
D. Negligently or willfully causing any fire which destroys any real or personal property or wildlife habitat.
E. Negligently or willfully causing pollution of any waters of the Reservation with any chemical, pesticide, or waste material.
F. Any act of littering while engaging in the act of hunting, fishing or trapping.
G. Intentionally interfering with any person properly licensed by the Commission engaging in or attempting to engage in any lawful hunting, fishing or trapping activities authorized under this Code or rules and regulations of the Commission.
CHAPTER V. PROTECTION OF FISH
Sec. 11-5-010 Fishing Prohibited Except by Commission Regulation
No person shall at any time catch or attempt to catch, take kill, or have in possession or under control from any purpose, in any amount, any fish, except as provided by the Wildlife Conservation Code and rules and regulations promulgated by the Wildlife Conservation Commission.
Sec. 11-5-020 Fishing Restricted to Hook and Line Except as Provided
Except as provided by this Code and rules and regulations promulgated by the Commission, only hook and line shall be used in the taking of any fish in any waters which have been opened to fishing by the Commission.
Sec. 11-5-030 Nets, Seines and Similar Devices, Weirs, Dams, and Artificial
Obstructions Prohibited; Permits for Use of Devices
A. It is a violation of this Code for any person to place, keep, or maintain in any of the waters of this Reservation any trammel or gill net, seine or other similar device for capturing fish, or for any person to take in any of the waters of this Reservation for any purpose whatever, any fish at any time by the erection of any weir, dam or artificial obstruction or by the use of any trammel or gill net, trap or similar device, or to place, keep, or maintain the same in any of the waters of this Reservation.
B. Exceptions. This section shall not apply to:
1. Department employees in the course of their official duties or to persons authorized by the Commission to conduct management, salvage, or research activities for aquatic species and while engaged in their authorized activities on behalf of the Tribe.
2. Persons in possession of a valid tribal fishing license using minnow seines or minnow traps for non-commercial purposes, as provided by Commission rules and regulations.
3. Tribal members in possession of a valid tribal fishing license using traditional fishing methods for non-commercial purposes provided by Commission rules and regulations.
4. Persons holding a valid tribal commercial bait vendor's license using dipnets, minnow seines, or minnow traps or other approved devices for commercial purposes.
5. Persons holding a valid tribal commercial fishing license and specifically authorized by the Commission to engage in commercial fishing activities by or on behalf of the Tribe or to which the Tribe is a contracting party, and pursuant to the contract terms and to rules and regulations promulgated by the Commission.
Sec. 11-5-040 Net, Seine or Similar Device, Forfeiture of Property or
Conveyance Used to Transport
The following are subject to forfeiture pursuant to Sections 11-3-60, 11-3-70, and 11-3-90, and no property right shall exist in them.
A. Any trammel or gill net, seine, or similar device used by any person to illegally capture fish in any waters of the Reservation.
B. Any conveyance, including aircraft, vehicle or vessel, used to transport, possess or conceal any trammel or gill net, seine or similar device used by any person to illegally capture fish in any waters of this Reservation.
Sec. 11-05-50 Fishing Devices Prohibited, Landing Nets and Gaffs Permitted
Spears, spear guns, bows and arrows, snaghooks, setlines, hoop nets, traps, artificial lights, and other devices, except hook and line, may not be used for fishing except as expressly provided by Commission rules and regulations. Landing nets, gaffs, and similar devices may be used as an aid in landing fish which are in the process of being caught by legal methods.
Sec. 11-5-060 Destructive Substances
It shall be a violation of this Code to deposit, throw, place, allow or cause to pass into any of the waters of this state, any deleterious drugs, toxicants, chemicals, poisonous substances, explosives, electrical current, or any material which may tend to destroy, kill, disable, or drive away fish.
Sec. 11-5-070 Control or Removal of Undesirable Fish
A. In any waters of this Reservation where it is deemed the population of any species of fish is of such density as to be detrimental to the overall fishery resource, the Commission may authorize the reduction or removal of such fish. The fish so taken shall be disposed of, with or without royalty, and in such manner as the Commission shall determine.
B. The Commission may authorize the Director to rehabilitate any fishery in any such waters of the Reservation through proper investigation, and methods deemed by the Director to be desirable.
Sec. 11-5-080 Prohibited Bait
No person may use carp, goldfish, and game fish (except cleanings thereof) in hook and line fishing.
Sec. 11-5-090 Interference with Department Employees and Activities
Prohibited
A. It shall be unlawful for any person to interfere with, tamper with, damage, destroy, or remove fish or other contents from any gill net, trammel net, trap net, live net, or any other container in use by the Department, or other persons authorized by the Commission to investigate, sample, collect, salvage, or study fish and other aquatic life in any waters of the Reservation.
B. It shall be unlawful for any person to interfere with any Department employee in the performance of his official duties or any other person authorized by the Commission while conducting any field work, research, salvage, sampling, or collection of fish or other aquatic organisms in any waters of the Reservation.
CHAPTER VI. POSSESSION AND TRANSPORTATION OF GAME AND FISH
It shall be a violation of this code for any person to possess, transport or ship in any manner, or accept for transportation or shipment any wildlife except as hereinafter provided.
A. Possession and transportation.
1. The possession and transportation of any legally taken wildlife shall be lawful when the same is in the possession of or is being transported by the taker of said wildlife and is accompanied by the appropriate licenses, tags, and/or permits attached and/or validated in the manner prescribed by the provisions of this Code and rules and regulations promulgated by the Commission.
2. Possession or transportation of any legally taken wildlife by any person other than the taker shall be lawful when such wildlife is accompanied by a written statement, signed by the taker which describes the species of wildlife, date taken and the name, address and license number of the taker, and other information as may be specified by the Commission. In addition to such statements, said wildlife shall be accompanied by the appropriate validated tag therefore, and/or such permits as may be required under the provisions of this Code and rules and regulations of the Commission. Provided, however, that no person may lawfully claim be granted or assume ownership of more game animals, game birds, or game fish taken within the Reservation than allowed by possession limits established by the Commission.
3. It shall be lawful for any person to ship or by a common carrier to accept for shipment any legally taken wildlife provided that all packages containing such wildlife shall be plainly labeled designating numbers, sex, and species of wildlife contained therein and the name and address of the consignor and consignee.
B. Unlawful possession. It is a violation of this Code for any person to have in his possession any wildlife or parts thereof protected by the provisions of this Code and Commission rules and regulations, and the taking or killing of which is unlawful.
Sec. 11-6-020 Possession During Closed Season or in Excess of Bag Limits
It shall be unlawful for any person to have in his possession or under his control any game animal, game bird, fur-bearing animal, game fish, or any part thereof during the closed season or in excess of the bag limit. Such possession of any game animal, game bird, fur-bearing animal, game fish, or any part thereof during the closed season or in excess of the bag limit, shall be prima facie evidence of a violation of this Code.
Provided, that any person who has lawfully acquired possession of any game animal, game bird, fur-bearing animal, or game fish, or part thereof, and who desires to retain it for human consumption or ornamental purposes, or desires to sell the skin, hide, horns, head or plumage thereof, after the close of the season, may do so in accordance with rules and regulations of the Commission.
CHAPTER VII. LICENSES TO HUNT, FISH, AND TRAP
Sec. 11-7-010 Hunting, Fishing, Trapping, or Carrying Uncased Firearm, License Requirement, Exceptions
It is a violation of this Code for any person to hunt, fish, trap, or take any wild animal, wild bird, or fish of this Reservation or have in his possession any uncased firearm while in the fields or forests of the Reservation, without first having procured a valid license and permits and as hereinafter provided. Provided that no license, permits or tags shall be required:
A. For residents of this Reservation to carry uncased firearms on property owned by them for the purpose of taking predatory animals.
B. For children under the age of sixteen (16) to fish during the open season therefor. Such children shall be authorized to catch and to posses his own bag limit of fish.
C. For children under the age of twelve (12) to hunt, take, or kill unprotected birds and animals by means other than with firearms.
D. For children under the age of fourteen (14) to trap muskrats on property which they live during the open season, pursuant to the provisions of this Code and rules and regulations of the Commission.
E. Nothing contained herein shall be construed to prohibit citizens of the United States who are residents of the Reservation from carrying arms for the protection of life and property.
Sec. 11-7-020 Licenses, Authority, Limitations
The licenses mentioned in this section shall entitle the person to whom issued to take such wildlife as may be authorized by said license, subject to the limitations set forth under this Code and Commission rules and regulations promulgated pursuant thereto.
Sec. 11-7-030 Licenses, Tags, and Permits, Expiration Dates
A. All Game and Fish Licenses and permits shall expire December 31 of the year for which they are issued, except that Fur-bearer Permits shall expire on January 15 next following the date of issuance. All permits, stamps and tags issued pursuant to provisions of this section shall be valid only during the time the corresponding Game and Fish License is valid.
B. All Occupational Licenses are annual licenses and shall expire on December 31 of the year for which they are issued, except that the Scientific Collector's License shall be valid until revoked by the Director. All Occupational Licenses issued pursuant to provisions of this section shall be valid only during the time the corresponding Game and Fish License is valid.
Sec. 11-7-040 Licenses, Stamps and Permits Enumerated, Fees
Licenses, stamps, and permits to be issued under this section are classified as follows:
A. Member Game and Fish License. Each Member Game and Fish License shall be issued without cost.
B. Resident Nonmember Game and Fish License. Each Resident Nonmember Game and Fish License shall be issued at a cost of Five Dollars ($5.00).
C. Nonresident Nonmember Game and Fish Licenses. Each Nonresident Nonmember Game and Fish License shall be issued at a cost of Twenty Dollars ($20.00).
D. Member permits. Each of the following Member Permits shall be issued without cost:
1. Fishing
2. Upland Game
3. Big Game (Rifle Deer)
4. Big Game (Archery Deer)
5. Big Game (Muzzleloader Deer)
6. Big Game (Wild Turkey)
7. Migratory Bird
8. Fur-bearer
9. Willow Trap, Hoop Net, Trap Net, Setline
E. Nonmember permits. Each of the following Nonmember Permits shall be issued at a cost of Thirty-Five Dollars ($35.00).
1. Fishing
2. Upland Game
3. Big Game (Rifle Deer)
4. Big Game (Archery Deer)
5. Big Game (Muzzleloader Deer)
6. Big Game (Wild Turkey)
7. Migratory Bird
8. Fur-bearer
F. Occupational Licenses. Each of the following Occupational Licenses shall be issued at a cost of Fifty Dollars ($50.00), except the Scientific Collector's License shall be issued at no cost:
1. Bait Vendor's License
2. Wildlife Propagation License
3. Taxidermist License
4. Fur Dealer License
5. Guiding License for Fishing and Hunting
6. Scientific Collector's License
7. Commercial Fishing License and Delivery Permit
8. Private Hunting Preserve License
Sec. 11-7-050 Member Resident and Nonresident Nonmember Game and Fish
Licenses and Permits Distinguished
Except as otherwise provided in Sections 11-7-090, 11-8-010, 11-11-020, and 11-9-010, persons who are twelve (12) years of age and older shall be issued a Game and Fish License and corresponding permits as follows:
A. Member Game and Fish License. Members of the Yankton Sioux Tribe and their Indian spouses shall be issued a Member Game and Fish License.
B. Member Permits. Members of the Yankton Sioux Tribe and their Indian spouses shall be issued Member Permits, Stamps, and Tags as provided for in Section 11-7-040(D). The Commission may distinguish between resident and nonresident tribal members in the issuance of available permits based upon game and fish populations and desired management objectives.
C. Reciprocity Between Tribes. The Commission is authorized to develop rules and regulations which provide for issuance of Member Game and Fish Licenses and Member Permits to members of other tribes which provide for similar privileges for Yankton Sioux tribal members on their reservations. Provided, that the Commission may only authorize such reciprocity with other tribes for permits which are issued in unrestricted numbers to Yankton Sioux tribal members.
D. Resident Nonmember Game and Fish License. Except as provided in Section 11-7-050(C), non-members of the Yankton Sioux Tribe, except non-member Indian spouses of members, who are residents of the Reservation of Charles Mix County, South Dakota, shall be issued a Resident Nonmember Game and Fish License.
E. Nonresident Nonmember Game and Fish License. Except as provided in Section 11-7-050(C), and non-member Indian spouses of members, persons who are non-residents of the Reservation and Charles Mix County, South Dakota, and are non-members of the Yankton Sioux Tribe, shall be issued a Nonresident Nonmember Game and Fish License.
F. Nonmember Permits. Except as provided in Section 11-7-050(C) and for nonmember Indian spouses of members, nonmembers of the Yankton Sioux Tribe shall be issued Nonmember Permits, Stamps, and Tags, as provided for in Section 11-7-040(E).
Sec. 11-7-060 Application for License, Duplicate License, Unlawful Purchase,
Possession, and Use of License, Tags or Permits
All tribal members making application for a Member License or permit shall produce his Yankton Sioux Tribal enrollment card or other proof of enrollment. Any person making application for any resident license or permit shall produce his South Dakota driver's license, or in the case of non-drivers, other suitable proof or residency, and shall make and sign a written application stating the license applied for, the name of the applicant, the age of the applicant, his current address, and such other information as may be required by the Commission.
Any person making application for a duplicate license or tag shall make and sign a written application stating the type of license, permit, or tag originally purchased an such other information as may be required by the Commission.
Sec. 11-7-070 Fraud in Obtaining Licenses, Permits, Stamps or Tags;
Misuse
No person shall at any time procure or possess a license permit, stamp or tag under an assumed name or in which an address other than his regular place of residence is given, or make any false statement whatsoever in securing a license, lend a license, permit or tag to another, or knowingly issue or aid in securing a license for himself or any other person not legally entitled to it.
Sec. 11-7-080 Licenses, Permits, Stamps and Tags Non- transferable
Licenses, permits, stamps and tags issued under this Code shall not be transferable. Any person hunting, fishing, or trapping, upon the demand of the Director, and Tribal Conservation Officer, Agency Enforcement Officer, or other specifically authorized enforcement officer, shall exhibit his license, permits, stamps and tags to such officer, and write his name upon request for the purpose of comparison with the signature on the license, and his failure or refusal to exhibit his license, permits, stamps, and tags and write his name on demand shall be prima facie evidence that such person has no license or is not the person named in the license in his possession.
Sec. 11-7-090 Forfeiture of License by Judicial Decree
A. Upon conviction of any person of a violation of any provision of this Code or rule or regulation of the Commission, the judge may, in addition to the penalty imposed by law, establish a probationary period or forfeit the license of such person. Such probationary period or revocation of hunting and/or fishing privileges may be for a period up to five (5) years. The Court shall forfeit any person's license upon conviction of any provisions enumerated in Section 11-11-020(B) of this Code. The Commission may by rule and regulation prohibit the issuance of a license to any person convicted of violating any provisions enumerated in Section 11-11-020(B), convicted two or more times of any violation of the Code or Commission rules and regulations, or prescribe the conditions under which such license may be issued.,
B. The Court, upon adjudging any person civilly liable for violation of this Code or failure of any person to pay damages or satisfy such judgment or order of the Court, shall forfeit such person's licenses, permits, and tags, and no licenses, permits or tags shall be issued to such person until damages are paid or judgment or order of the Court satisfied.
C. No person who has had a license or permit revoked pursuant to this section or any other provision of this Code or Commission rules and regulations shall engage in the activity for which the license or permit is requires:
1. During the remainder of the period for which the license, tag or permit was issued; or
2. During the period for which the person is prohibited by the Court or this Code from applying for or obtaining another such license, tag or permit.
Sec. 11-7-100 Commission's Authority, Tags, Permits, Nonresident Nonmembers
Limited
A. The Commission is hereby authorized to prescribe the number and kind of wildlife that may be taken under authority of the several types of tags and permits provided for in this Code, and the manner in which said tags and permits shall be used and validated.
B. The Commission is hereby authorized to establish a limit annually as to the number of each kind and type of licenses, tags, or permits to be sold or issued and is further authorized to limit the number or prohibit entirely, the participation of nonmembers from hunting on the Reservation.
Sec. 11-7-110 Member Game and Fish Licenses
All members of the Yankton Sioux Tribe and their nonmember Indian spouses shall be required to possess a valid Member Fish and Game License to hunt, fish or trap on the Reservation. This license authorizes the licensee only to do the following:
A. Carry an uncased firearm in the forests and fields of the Reservation.
B. Take or attempt to take unprotected nongame wildlife on the Reservation.
C. Take or attempt to take nongame fish on the Reservation.
D. Engage in occupational activities which include:
1. Capture and sale of bait fish for commercial purposes, subject to additional licensing requirements.
2. Purchase and sale of fur-bearer pelts, subject to additional licensing requirements.
3. Engage in or operate any commercial wildlife propagation facility or game preserve subject to additional licensing requirements.
4. Conduct any commercial hunting or fishing guiding activities, subject to additional licensing requirements.
5. Use any scientific collector's license, subject to additional licensing requirements.
6. Engaging in any commercial fishing operation, subject to additional licensing and contractual requirements.
7. Engage in any commercial taxidermy work.
8. Operate any private hunting preserve for profit.
Sec. 11-7-110 Nonmember Resident and Nonresident Game and Fish License
Except as otherwise provided, all nonmembers of the Yankton Sioux Tribe must possess a Nonmember Game and Fish License to hunt, fish or trap on the Reservation. Nonmembers who are residents of the Reservation or Charles Mix County, South Dakota, shall be allowed to purchase a Nonmember Resident Game and Fish License. For purposes of this Code, residency may be established by residing continuously on the Reservation or in Charles Mix County, South Dakota, for a period of at least thirty (30) days.
Nonmember Resident and Nonresident Game and Fish Licenses authorize the licensee only to do the following:
A. Carry an uncased firearm in the forests and fields of the Reservations.
B. Take or attempt to take unprotected nongame wildlife on the Reservation.
C. Take or attempt to take nongame fish on the Reservation.
D. Engage in occupational activities which include:
1. Capture and sale of bait fish for commercial purposes, subject to additional licensing requirements.
2. Purchase and sale of fur-bearer pelts, subject to additional licensing requirements.
3. Engage in or operate any commercial wildlife propagation facility or game preserve subject to additional licensing requirements.
4. Use any scientific collector's license, subject to additional licensing requirements.
5. Engage in any commercial fishing operation, subject to additional licensing and contractual requirements.
6. Engage in any commercial taxidermy work.
7. Operate any private hunting preserve for profit.
Sec. 11-7-120 Member Upland Game Permit
Persons who are members of the Yankton Sioux Tribe and their Indian Spouses shall be required to obtain a Member Upland Game Permit to take or attempt to take any upland game species.
Sec. 11-7-130 Non-member Upland Game Permit
Sec. 11-7-140 Member Big Game Permits
Persons who are members of the Yankton Sioux Tribe and their Nonmember Indian spouses shall be required to obtain a Member Big Game Permit to take or attempt to take any big game species. Separate permits are required for Rifle Deer and any special Archery Deer, Muzzleloader Deer, and Wild Turkey seasons authorized the Commission.
Sec. 11-7-150 Non-member Big Game Permits
Persons who are nonmembers of the Yankton Sioux Tribe, nor an Indian spouse of a tribal member, shall be required to purchase separate Nonmember Big Game Permits to take or attempt to take any big game species during Rifle Deer and any special Archery Deer, Muzzleloader Deer, and Wild Turkey seasons authorized by the Commission.
Sec. 11-7-160 Member Migratory Bird Permit
Persons who are members of the Yankton Sioux Tribe and their Nonmember Indian spouses shall be required to obtain a Member Migratory Bird Permit to take or attempt to take any migratory bird species.
Sec. 11-7-170 Non-member Migratory Bird Permit
Persons who are nonmembers of the Yankton Sioux Tribe and not Indian spouses of tribal members shall be required to purchase a Nonmember Migratory Bird Permit to take or attempt to take any migratory bird species.
Sec. 11-7-180 Member Fur-bearer Permit
Persons who are members of the Yankton Sioux Tribe and their Nonmember Indian spouses shall be required to obtain a Member Fur-bearer Permit to take or attempt to take any fur-bearing wildlife species of commercial value.
Sec. 11-7-190 Non-member Fur-bearer Permit
Persons who are nonmembers of the Yankton Sioux Tribe and not spouses of tribal members shall be required to purchase a Nonmember Fur-bearer Permit to take or attempt to take any fur-bearing wildlife species of commercial value.
Sec. 11-7-200 Member Fishing Permit
Persons who are members of the Yankton Sioux Tribe and their Nonmember Indian spouses shall be required to obtain a Member Fishing Permit to take or attempt to take any game fish in any waters of the Reservation.
Sec. 11-7-210 Non-member Fishing Permit
Persons who are nonmembers of the Yankton Sioux Tribe and not Indian spouses of tribal members shall be required to purchase a Nonmember Fishing Permit to take or attempt to take any game fish in any waters of the Reservation.
Sec. 11-7-220 Member Willow Trap, Hoop Net, Trap Net, and Setline Permits
Persons who are members of the Yankton Sioux Tribe shall be required to obtain separate Member Willow Trap, Hoop Net, Trap Net, and Setline Permits to take or attempt to take fish by any of those means. The taking of fish by willow trap, hoop net, trap net, and setline shall be allowed only in waters specifically authorized by the Commission, and only for noncommercial household purposes, and in compliance with rules and regulations promulgated by the Commission.
Sec. 11-7-230 Commercial Fishing
It shall be unlawful for any person to engage in any phase of the commercial fishing industry or to operate any fishing gear known as or classified as commercial fishing gear by the Commission, or to fish for or take, deliver, or land any fish on the Reservation, whether taken from waters within or without the jurisdiction of the Reservation, without first obtaining and having in possession Commercial Fishing Licenses and Delivery Permits.
Any person violating any of the provisions of this section or any related contractual agreement with the Yankton Sioux Tribe shall be in violation of this Code.
Sec. 11-7-240 Application for License
The commission shall issue Commercial Fishing Licenses and Delivery Permits herein required to any qualified person, upon receipt of a lawful application therefore to be furnished for that purpose, accompanied by the required fee. Provided, that no commercial fishing license shall be issued for any waters of the Reservation unless the applicant shall first execute a lawful contract with the Yankton Sioux Tribe, approved by the Secretary of the Interior or his designee, in which the Tribe or a tribal industry has controlling interest in such business and that such business is principally located on the Reservation and is conducted primarily for the benefit of the Yankton Sioux Tribe. Applicants for delivery permits and all commercial licensees shall comply with limitations set forth in this Code and Commission rules and regulations on gear used, dates and times of harvest effort for the taking of such fish, species of fish and quantity to be taken, and use of fish taken.
Sec. 11-7-250 Deliver Permit
Every person or persons or corporations operating a commercial fishing activity of any description used in the commercial taking or catching of food fish in the waters of the Reservation, and the transportation or possession of food fish through the waters of the Reservation, and delivering the food fish in any place on the Reservation as a condition of doing so, shall possess a valid Deliver Permit.
Sec. 11-7-260 Bait Vendor's License
Any person who takes baitfish for commercial purposes from any waters of the Reservation or sells, barters, trades or offers to sell, barter or trade baitfish on the Reservation shall possess a valid Bait Vendor's License. Possession of more than five hundred (500) baitfish shall be prima facie evidence that said person is offering baitfish for sale.
Sec. 11-7-270 Taxidermy License - Records
A. No person shall engage in the business of taxidermy unless the person first obtains from the Commission a Taxidermist License.
B. Every licensed taxidermist shall maintain a record of the taxidermy work the person performs. The record shall be in such form and contain such information as the Commission by rule or regulation prescribes to accurately indicate the date, type, and number of wildlife species received for taxidermy work and the name and address of the persons from whom the wildlife species were received.
Sec. 11-7-280 Fur Dealer License, Records
A. No person shall engage in the business of buying the skins or pelts of any fur-bearing mammal unless the person has first obtained from the Commission a Fur Dealer License.
B. Every fur dealer shall maintain a record of transactions involving the skins or pelts of fur-bearing mammals. The record shall be in such form and contain such information as to accurately indicate the date, type and number of skins or pelts received and the name and address of the person with whom such transaction was made.
Sec. 11-7-290 Scientific Collector's License
Any authorized by the Commission to collect any wildlife species on the Reservation for scientific purposes, including wildlife and fisheries research and management must obtain from the Director a Scientific Collector's License. This license shall be required of all Department employees, students of educational institutions, employees of state and federal agencies, and other persons authorized to conduct technical field work on the Reservation. The license herein mentioned shall be valid only for the species of wildlife, number of each species, duration, and scope of the technical work for which the license is issued. Such license shall be revoked by the Director at completion of the specific project, at the end of employment, at the end o the licensing period which shall not exceed three years, or for cause.
Sec. 11-7-300 Wildlife Propagation License; Grounds for License Denial;
Records
A. No person shall engage in the business of propagating game birds, game mammals, fur-bearing mammals, or game fish for sale unless the person first obtains from the commission a Wildlife Propagation License.
B. The Commission may refuse to issue a license to an applicant if the Commission finds that the conduct of the wildlife propagation business would tend to be harmful to existing wildlife populations.
C. The Commission, by rule or regulation, may prescribe requirements for the game birds, game mammals, fur-bearing mammals or game fish, and for such record keeping and reporting procedures as will ensure that the propagation activities are conducted in such manner as will not be harmful to the animals being propagated or to existing wildlife populations.
Sec. 11-7-310 Private Hunting Preserve License; Qualifications of Preserve;
Regulation of Hunting Activities; Records
A. No person shall engage in the business of operating a private hunting preserve for the hunting of privately owned or propagated game birds unless the person first obtains from the Commission a Private Hunting Preserve License.
B. The Commission may issue a Private Hunting Preserve License to an applicant therefor if the Commission finds that the operation of the preserve will meet the following requirements:
1. The preserve contains not more than 640 acres and is on one continuous tract of land owned by the applicant or leased by the applicant for a period of at least five (5) years.
2. The preserve is located at least three (3) miles from any other licensed hunting preserve.
3. No portion of the preserve is located closer than one-half mile to any part, refuge or wildlife management area operated by the Tribe or agency of the state or federal government.
4. The exterior boundaries of the preserve are clearly marked in such manner as the Commission prescribes.
5. The preserve has facilities to propagate or hold not less than 500 of each wildlife species to be released for hunting.
6. The applicant will not prevent or attempt to prevent public hunting by tribally licenses hunters on lands adjacent to the preserve.
C. The Commission, by rule or regulation, shall prescribe the time, manner and place of hunting on private preserves, the wildlife species to be hunted, requirements of the care and marking of wildlife raised on the preserve, the release of wildlife received from outside the Reservation, the procedures for marking indigenous wildlife incidentally taken on the preserve and the fees therefor, and record keeping and reporting procedures.
D. No person shall hunt on a private hunting preserve unless the person first obtains from the Commission a valid Game and Fish License and appropriate permit for the game species hunted.
Sec. 11-7-320 Inspecting of Occupational Licenses
The holder of any occupational license issued pursuant to this Code 11-7-240 through 11-7-230 shall consent to the inspection by any Tribal Conservation Officer, Agency Enforcement Officer, or other persons specifically authorized to enforce this Code and Commission rules and regulations, of any such license and any records the holder is required to keep by this Code or Commission rules and regulations. Any such licensee who fails to maintain records as required by the Commission or refuses to allow inspection of said records shall be in violation of this code.
Sec. 11-7-330 Indian Trader's License Required
None of the occupational licensing requirements provided for in this Code or in rules and regulations of the Commission are intended to replace the Bureau of Indian Affairs' requirement of an Indian Trader's License, for conducting business on the Reservation, as specified in 25 C.F.R. 140.
CHAPTER VIII. PUBLIC SAFETY
Sec. 11-8-010 Reckless Endangerment of Life or Property
It shall be a violation of this Code for any person, while hunting, preparing to hunt or immediately after hunting, traveling to or from a place of hunting, to use a firearm or bow and arrow in such a way as to recklessly endanger human life or property, including livestock.
Sec. 11-8-020 Revocation for Shooting Person or Livestock
A. The commission shall revoke the hunting license of any person who shoots any other person or any domestic livestock while hunting or fails to render assistance following such shooting. No hunting license shall thereafter be reissued to such person unless the Commission, after a hearing held at one of its regular meetings authorizes the issuance of such license, and providing the licensee shall have paid for all damages caused by the wrongful shooting. Any person may appeal to the Tribal Court from any decision of the Commission, providing notice of such appeal is served on the Commission and filed in court within thirty (30) days following the refusal of the Commission to issue such license.
B. The Commission or a referee it may appoint, shall have authority to hold a hearing, subpoena any witness requested by the complainant or by the person accused, administer oaths, and require and receive evidence, oral or in written deposition, in any case where any person who, according to information received, while hunting is alleged:
1. To have carelessly handled a gun that caused injury to person or property;
2. To have carelessly injured a human being by gunfire;
3. To have caused accidental injury or death to a person by gunfire, and not furnished proof to the Commission or its referee that he has been released from all liability for ambulance, hospital, medical, funeral bills, and all other relevant expense, from the injured person, or his heirs in case of death; provided that a satisfaction of any judgment rendered the person accused because of any such act shall be deemed a satisfactory release hereunder;
4. To have caused damage to livestock by gunfire, and not furnished proof to the Commission or its referee, that he has been released from all liability by the owner of such livestock therefor; provided that a satisfaction of any judgment rendered against the person accused because of any such act shall be deemed a satisfactory release hereunder.
Sec. 11-8-030 Preferring Charges for Improper Handling of Gun; Hearing;
Procedure
Any person may prefer charges, based on any of the above grounds, against any hunting licensee. Such charges shall be in writing, and shall be sworn to and filed with said Commission. All charges, unless dismissed as unfounded or trivial, shall be heard by the Commission or its referee within sixty (60) days of the time of filing. The time and place for such hearing shall be fixed by the Commission or its referee, and such hearing shall be held at the Agency Office in Wagner, South Dakota, and a copy of the charges stating the violations of this act alleged to have occurred, together with a notice of the time and place of hearing shall be personally served on such licensee at least fifteen (15) days prior to the time of hearing. In the event that such licensee resides outside the Reservation, such notice shall be served by certified mail with return receipt, mailed to the last known address of such licensee. At any hearing, the licensee shall have the right to appear personably and be represented by counsel and to testify or to present witnesses in his own defense. Any person who shall fail to appear before him, without furnishing satisfactory reason for failure to do so, shall be subject to the penalties of contempt upon application to the Tribal Court.
Sec. 11-8-040 Period or Revocation
In all such hearings before a referee, he shall make a transcript, or reasonable facsimile, together with his findings of fact and recommendations, shall be furnished to the accused licensee, and upon the findings in either case showing violation of the acts specified in Section 11-8-010, Yankton Sioux Tribal Wildlife Conservation Code, the Commission is hereby required to revoke the license of the offender and to deny him the right to hunt on the Reservation for the following periods:
A. For the first offense, for a period to be fixed by the Commission, with or without the recommendation of its referee, not to exceed five (5) years;
B. For each additional offense, a period of five (5) additional years.
Sec. 11-8-050 Surrender of License
Upon revocation of a hunting license then in force for any period, the Director shall send a written notice to that effect to such person at his last known address either by certified mail or have it delivered in person by a representative of the Department of Wildlife Conservation, and such licensee shall thereupon surrender his hunting license to the Director.
Sec. 11-8-060 List of Persons Denied Right to Hunt Furnished Vendors
and Other Governments
The Director shall forthwith, following revocation of license to hunt hereunder, send a list with current revocations to all tribal license vendors, the State of South Dakota and the Agency Superintendent, showing the name, address, and term of revocation of all persons that have been denied the right to hunt on the Reservation in accordance with this Code.
Sec. 11-8-070 Appeal from Order of Revocation
Any person dissatisfied by any action of the Commission made hereunder may appeal to the Tribal Court, which shall require a de novo of all matters of fact and law. Such appeal shall be perfected by filing with the Clerk of the Court within thirty (30) days after the action on which the action complained of. Such petition shall constitute the complaint, and summons may be issued thereon directed to the Chairman of the Commission as defendant, and served upon him. The pleadings thereafter shall conform to the practice in other civil proceedings. The Court, in its decree, may sustain, modify, or reverse the action of the Commission, and shall render its opinion and judgment on the case appealed.
Sec. 11-8-080 Shooting from Public Highway
Children in Possession of Firearms - It shall be a violation of this Code for any person:
A. To discharge any firearm from or across a public highway on the Reservation.
B. To have any firearm protruding from any motor vehicle while on any public highway on the Reservation.
C. For children under the age of twelve (12) years to have in their possession any firearm while in the fields or forest or in any tent, camp, auto or any other vehicle on the Reservation.
Sec. 11-8-090 Holes in Ice, Size Limits
It shall be a violation of this Code for any person:
A. To cut an opening larger than the (10) inches across the longest part through the ice of any streams, lakes, or ponds of the Reservation for the purpose of fishing.
B. To fish through man-made opening in ice which is larger than ten (10) inches across the longest part.
Sec. 11-8-100 Boating, Negligent Operation
It shall be a violation of this Code for any person to operate any vessel on the waters of this Reservation in a careless or heedless manner so as to be indifferent to the person or property of other persons, or at a rate of speed greater than will permit him in the exercise of reasonable care to bring the vessel to a stop within the assured clear distance ahead.
Sec. 11-8-110 Boating, Overloading
It shall be a violation of this Code for any person to operate any vessel loaded with passengers or cargo beyond its safe carrying capacity taking into consideration weather and other existing operating conditions.
Sec. 11-8-120 Boating, Lighting
It shall be a violation of this Code for any person to operate a vessel on the waters of this Reservation during hours of darkness or between one (1) hour after sunset and one (1) hour before sunrise without lighted running lights attached to both bow and stern of such vessel.
Sec. 11-8-130 Boating, Flotation Devices
It shall be a violation of this Code for any person to operate a vessel on waters of this Reservation with Coast Guard approved floatation device for each person aboard.
Sec. 11-8-140 Boating, Incapacity of Operator
It shall be a violation of this Code for the owner of any vessel or any person having such in charge or inn his control to authorize or knowingly permit the same to be operated on the waters of this Reservation by any person who by reason of age, physical or mental disability is incapable of operating such vessel under the prevailing circumstances.
CHAPTER XI. HUNTER EDUCATION
Sec. 11-9-010 Certificate of Competency in Hunter Education
No hunting license shall be issued to a person who is under the age of sixteen (16) years unless such person has previously held a valid Game and Fish license or unless such person presents to the Department of Wildlife Conservation or one of its authorized vendors, a certificate of competency in hunter education issued by the Department under the hunter education program or proof that he holds the equivalent of such a certificate obtained either in South Dakota or from an authorized agency or association of another Tribe or state.
Sec. 11-9-020 Commission to Provide for Course Instruction, Cooperation
with School Systems and Other Agencies
A. The Commission shall provide for a course of instruction in safe handling of firearms. The program shall also include instruction on wildlife and natural resource conservation, respect for the rights and property of others, and survival in the outdoors.
B. The Commission may enter into agreements with school systems, public or private agencies and individuals inn carrying out the provisions of this subsection.
C. The Commission shall establish a fee not to exceed Two Dollars ($2.00) to be assessed each person obtaining instruction in hunter education as reimbursement for furnished materials. All students successfully completing the course of instruction shall be issued a certificate of competency in hunter safety and good hunting conduct.
Sec. 11-9-030 Hunter Education, Instructor Qualification, Training
A. The Commission shall recruit competent volunteer instructors. The Commission shall provide a course of instruction in the safe handling of firearms, conservation of wildlife and natural resources, good conduct and respect for the rights and property of others, outdoor survival, and other appropriate subjects for training instructors. Instructors shall be issued certificates and shall, on a voluntary basis, give instruction in a hunter education course, as established by the Commission, to all eligible applicants.
B. The Commission, with concurrence of the Business and Claims Committee, may enter into agreements with public and private agencies in carrying out the provisions of this subsection.
CHAPTER X. CHECK STATIONS; WASTE OF WILDLIFE
Sec. 11-10-010 Production of Wildlife for Inspection; Stop at Checking Stations License Must Be On Person
It is a violation of this Code for any hunter, fisherman, or trapper to refuse or fail to:
A. Upon request of the Director, a Tribal Conservation Officer, an Agency Law Enforcement Officer, or other person specifically authorized to enforce the Code and rules and regulations of the Commission, produce for inspection of any wildlife in his possession.
B. Stop and report at a wildlife checking station encountered on his route of travel when directed to do so by personnel on duty. Such direction may be accomplished by signs prominently displayed along the route of travel indicating those persons required to stop.
C. Have the proper required license, permits, stamps, and tags on his person at all times when hunting, fishing or trapping, and produce the same for inspection upon request of a Tribal Conservation Officer, Agency Law Enforcement Officer, or any other person specifically authorized to enforce this Code or rules and regulations of the Commission.
Sec. 11-10-020 Wasteful Destruction of Wildlife or Mutilation Unlawful
It is a violation of this Code for any person to:
A. Through carelessness, neglect or otherwise, to allow or cause the waste of any game bird, game animal or game fish or any portion thereof usually eaten by humans.
B. Capture or kill any game animal, except a carnivore, and detach or remove only the head, hide, antlers, or horns and leave the carcass to waste.
C. To fail to properly dress and care for any game animal, except carnivore killed by him and transport the same to his camp, residence, cold storage locker, or other place where the carcass may be reasonably cared for within twenty-four (24) hours shall be prima facie evidence of a violation of this section.
D. To remove the teeth or claws of any wild or semi-domesticated animal legally kept in captivity.
CHAPTER XI. GENERAL PENAL PROVISIONS
Sec. 11-11-010 Violations a Misdemeanor
Any person who shall violate any of the provisions of this Code or rules and regulations promulgated pursuant thereto, shall be guilty of a misdemeanor.
Sec. 11-11-020 Penalty, Misdemeanor, Revocation of License; Disposition
of Moneys
A. Any person convicted of a misdemeanor under the provisions of this Code or rules and regulations promulgated pursuant thereto shall be fined in a sum of not less than Twenty-five dollars ($25.00) nor more than Five Hundred Dollars ($500.00) and/or by commitment to jail for not more than six (6) months.
B. Any person convicted of violating any of the provisions of this Code or rules and regulations promulgated pursuant thereto may, in addition to any other penalty assessed by the Court, have his hunting, fishing, or trapping privileges revoked for such period of time as may be determined by the Court not to exceed five (5) years, said time beginning on the date of conviction. Provided further, that the judge hearing the case shall forthwith revoke the hunting, fishing, or trapping privileges for a period of not less than one (1) year from the date of such conviction, of any person who is convicted of any of the following offenses:
1. Taking upland game birds or mammals, migratory birds, fur-bearers, or any big game animal, including any wild or semi-domesticated big game animal kept in captivity by the Tribe, during closed season.
2. Exceeding the daily bag or possession limit of upland game birds or mammals, migratory birds, or big game animals.
3. Taking any fish by unlawful means as set forth in Section 11-5-060 of this Code.
4. Unlawfully purchasing, possessing or using any license, permit, stamp or tag set forth in Section 11-7-070 or Section 11-7-080 of this Code.
5. The unlawful sale or purchase of any game animal, game bird, game fish, or edible part thereof, or any protected wildlife species or part thereof.
The revocation shall consist of cancellation of an existing license for the required length of time and/or denial of the privilege of purchasing any applicable license for the length of time required to meet the revocation period decreed.
It shall be a misdemeanor for any person to hunt, fish, or trap or purchase a license to do so during the period of time which such privilege is revoked by order of the Court. Any person convicted thereof shall be fined in an amount of not less than One Hundred Dollars ($100.00) nor more than Three Hundred Dollars ($300.00) and/or by commitment to jail for not more than six (6) months. Provided further, that the period of revocation of such privileges shall be extended an additional amount of time equal to the original revocation.
For the purpose of this section, the term "conviction" shall mean a final conviction.
C. Distribution of fines and forfeitures shall be deposited into the Wildlife Conservation Account as provided in 11-2-120 of the Code.
Sec. 11-11-030 Unlawful Killing, Possession or Waste of Wild Animals,
Birds, and Fish; Reimbursable Damages; Schedule, Assessment by Court;
Installment Payments; Default Judgments; Disposition of Moneys
In addition to penalties provided for violating any of the provisions of the Code or rules and regulations of the Commission, any person convicted of the illegal killing or illegal possession or illegal waste of game animals, game birds, fur-bearing animals or fish shall reimburse the Tribe for the value of each animal so killed or possessed or wasted as follows:
A. Big Game
1. Deer, Five Hundred Dollars ($500.00) per animal killed, possessed or wasted.
2. Elk, Two Thousand Dollars ($2,000.00) per animal killed, possessed or wasted.
3. Buffalo, Two Thousand Dollars ($2,000.00) per animal killed, possessed or wasted.
4. Wild Turkey, Two Hundred Dollars ($200.00) per animal killed, possessed or wasted.
B. Upland Game
1. Pheasants, Fifty Dollars ($50.00) per animal killed, possessed or wasted.
2. Sharptail Grouse and Prairie Chicken, Fifty Dollars ($50.00) per animal killed, possessed or wasted.
3. Bobwhite Quail, Twenty-five Dollars ($25.00) per animal killed, possessed or wasted.
4. Hungarian Partridge, Twenty-five Dollars ($25.00) per animal killed, possessed or wasted.
5. Cottontail Rabbit, Twenty Dollars ($20.00) per animal killed, possessed or wasted.
6. Tree Squirrel, Twenty-five Dollars ($25.00) per animal killed, possessed or wasted.
C. Migratory Birds
1. Ducks, Fifty Dollars ($50.00) per animal killed, possessed or wasted.
2. Geese, One Hundred Fifty Dollars ($150.00) per animal killed, possessed or wasted.
3. Swans, Two Hundred Dollars ($200.00) per animal killed, possessed or wasted.
4. Sandhill Crane, One Hundred Fifty Dollars ($150.00) per animal killed, possessed or wasted.
5. Mourning Dove and Common Snipe, Twenty-five Dollars ($25.00) per animal killed, possessed or wasted.
D. Fur-bearers
1. Coyote, One Hundred Dollars ($100.00) per animal killed or possessed.
2. Fox, One Hundred Dollars ($100.00) per animal killed or possessed.
3. Bobcat or Lynx, Three Hundred Dollars ($300.00) per animal killed or possessed.
4. Mountain Lion, One Thousand Dollars ($1,000.00) per animal killed or possessed.
5. Mink, Fifty Dollars ($50.00) per animal killed or possessed.
6. Raccoon, Fifty Dollars ($50.00) per animal killed or possessed.
7. Weasel, Thirty Dollars ($30.00) per animal killed or possessed.
8. Badger, Fifty Dollars ($50.00) per animal killed or possessed.
9. Porcupine, Twenty-five Dollars ($25.00) per animal killed or possessed.
E. Protected Species - The minimum value for any protected wildlife species shall be Fifty Dollars ($50.00) per animal unlawfully killed, possessed or wasted.
F. Unprotected Species - The minimum value for any unprotected wildlife species shall be Ten Dollars ($10.00) per animal unlawfully killed or possessed.
G. Fish - All game fish, regardless of species, will have a value of Two Dollars ($2.00) per inch for each fish killed, possessed or wasted. The minimum value for any game fish, rough fish or amphibian shall be Ten Dollars ($10.00) per animal unlawfully killed or possessed.
Sec. 11-11-040 Appearance Bonding Schedule; Bench Warrant Stipulated
Damages
A. The Commission is hereby authorized to prepare a reasonable Appearance Bonding Schedule as part of its rules and regulations for violations of this Code and Commission rules and regulations, the deposit (made with the Clerk of Court) of which shall be subject to forfeiture, in lieu of any fine imposed by the Court. Such forfeiture may, in the discretion of the Court, serve as final disposition of the criminal action.
B. Any bond amount prepared by the Commission for violation of any provision of this Code or Commission rules and regulations shall not be less than Thirty-five Dollars ($35.00) nor greater than Five Hundred Dollars ($500.00), and any such bond amount shall be reasonably related to the seriousness of the provision violated.
C. The defendant may personally or through a surety, give bail or deposit with the Clerk of the Court, the sum of money shown in the Appearance Bonding Schedule for the violation for which he is charged, upon which he will be discharged from custody.
D. If without sufficient excuse the defendant fails to appear for trial or judgment, or upon any other occasion when his presence in court may be lawfully required, the Court must direct the default to be entered upon its minutes, and the money deposited as bail is thereupon forfeited. The Court, in addition to the forfeiture of the money deposited, may direct the Clerk to issue a bench warrant for his arrest.
E. Except as otherwise provided, the forfeiture of any such bond shall not bar any civil cause from being brought against the defendant by the Tribe or any other person.
1. In addition to forfeiture of bond, the defendant, by agreement with the Tribe or any other such injured party, may pay stipulated damages to the Court, which shall distribute said money to the Tribe or other injured party as partial or full satisfaction for injuries received.
2. For the unlawful killing, possession or waste of wild animals, birds and fish, the Tribe will stipulate to such damages as are enumerated in 11-12-030, but shall reserve any other cause against the defendant for which he may be liable.
CHAPTER XII. REFUGES
Sec. 11-12-010 Authorization to Establish Refuges
The commission is hereby authorized to establish wildlife refuges on the Reservation when required to give effect to the policies of the Tribe, with the concurrence of the Business and Claims Committee.
Sec. 11-12-020 Hunting; Fishing and Trapping on Refuges Prohibited
Except as the Commission by rule and regulation may otherwise provide, no person shall hunt, fish, or trap any wildlife on any wildlife refuge created on the Reservation.
Sec. 11-12-030 Authority to Manage Supply or Condition of Wildlife on
Refuge
Regardless of any restrictions included in the establishment of any refuge on the Reservation, the Commission may authorize the hunting or trapping of wildlife on any such wildlife refuge when the Commission determines that such action is necessary to properly manage the supply or condition of wildlife on such refuge.
Sec. 11-12-040 Posting Signs Around Refuge; Defacing or Alteration of
Signs Prohibited
A. When any wildlife refuge is created pursuant to this Code or any rule promulgated thereto, the Commission shall post signs around the boundary of the refuge giving notice of restrictions on hunting, fishing or trapping on the refuge and on such other uses of the refuge as are specified by Commission rule and regulation.
B. No person shall remove, deface, alter or destroy any sign referred to in subsection (a) of this section.
Sec. 11-12-050 Authorization for Interagency Agreements
The Commission, with concurrence of the Business and Claims Committee is authorized to enter into cooperative interagency and intergovernmental agreements concerning the administration, management or operation of any wildlife refuge located on the Reservation, and manage all wildlife, fish, land, water, and habitats on such refuges, through the Department or jointly and cooperatively with any agency of the state or federal government.
YANKTON SIOUX TRIBE
The following represents a suggested bonding schedule for violations of the Code which is intended for consideration by the Commission. The Code states that no bond shall be less than Thirty-five Dollars ($35.00) and that the amount of the bond shall be reasonable. It delegates the authority to prepare a reasonable bonding schedule to the Commission. I have suggested some fairly hefty bonds for violations which are considered serious. It might be advisable to give the Court some discretion to reduce the bond amount depending on mitigating circumstances. This introductory paragraph should be deleted from the final bonding schedule prepared by the Commission.
| Sec. 11-2-020 | (D)(2) | Hunting, fishing or trapping in closed area or during an emergency closure | - $50.00 |
| Sec. 11-4-010 | (A) |
Hunt from motorized vehicle |
- $35.00 |
| (B) | Molest with motorized vehicle | - $100.00 | |
| (C) | Communicate from aircraft | - $100.00 | |
| (D) | Hunt from aircraft | - $500.00 | |
| (E) | Hunt on same day aircraft operated | - $100.00 | |
| (F) | Hunt with artificial light | - $100.00 | |
| (G) | (1),(2),(3) Regulation of dogs | - $ 35.00 | |
| (H) | Use of radios | - $ 35.00 | |
| Sec. 11-4-020 | (A) | Unlawful hunting, killing or taking of protected birds | - $100.00 |
| (B) | |||
| (1) Unlawful hunting, killing or taking of migratory game birds | - $100.00 | ||
| (2) Migratory bird stamp violation | - $35.00 | ||
| Sec. 11-4-030 | (A) | Unlawful trapping | |
| (1) Use of game animal or fish parts or taking animals other than fur-bearers | - $100.00 | ||
| (2) Disturb, destroy or take traps of another | - $100.00 | ||
| (3) Illegal traps | - $100.00 | ||
| Sec. 11-4-050 | Trafficking in game | - $500.00 | |
| (A) | Defacing signs | - $200.00 | |
| (B) | Destruction of fence | - $100.00 | |
| (C) | Use of motorized vehicle to cause property damage | - $200.00 | |
| (D) | Property destruction caused by fire | - $200.00 | |
| (E) | Pollution | - $200.00 | |
| (F) | Littering | - $500.00 | |
| (G) | Interfering with one lawfully hunting, fishing or trapping | - $100.00 | |
| Sec. 11-5-010 | Fishing contrary to Commission regulations | - $ 35.00 | |
| Sec. 11-5-020 | Illegal gear | - $ 35.00 | |
| Sec. 11-5-030 | Nets, seines, weirs, etc. | - $200.00 | |
| Sec. 11-5-050 | Illegal gear in violation of Commission regulations | - $ 35.00 | |
| Sec. 11-5-060 | Destructive substances | - $500.00 | |
| Sec. 11-5-080 | Prohibited bait | - $ 50.00 | |
| Sec. 11-5-090 | Interference with Department activities and others; destruction of property | - $500.00 | |
| Sec. 11-6-010 | (A) | (1) Transportation/possession of illegally taken wildlife and improper license, permit, stamp, tag | - $100.00 |
| (2) Illegal possession, transportation for another | - $ 50.00 | ||
| (3) Improper labeling when shipping by common carrier | - $ 50.00 | ||
| (B) | Unlawful possession | - $100.00 | |
| Sec. 11-6-020 | Possession during closed season or in excess of limit | - $100.00 | |
| Sec. 11-7-010 | Hunt, fish, trap, carry uncased firearm without valid license or permit | - $ 50.00 | |
| Sec. 11-7-070 | Fraud in obtaining license, permits, stamps, tags or misuse | - $200.00 | |
| Sec. 11-7-080 | Transfer of license, permits, stamps, or tags and failure to produce license for inspection | - $100.00 | |
| Sec. 11-7-090 | (C) | Hunting, fishing or trapping with revoked license, permit, stamp or tag | - $200.00 |
| Sec. 11-7-110 | Members - hunt, fish or trap without a valid license | - $ 50.00 | |
| (D) | Engage in occupational activities without a valid license | - $300.00 | |
| Sec. 11-7-240 | Commercial fishing without Commercial Fishing License and Delivery Permit | - $500.00 | |
| Sec. 11-7-260 | Transportation/delivery of fish without Delivery Permit | - $500.00 | |
| Sec. 11-7-270 | Taking/possession of more than 500 baitfish and sale without Bait Vendor's License | - $300.00 | |
| Sec. 11-7-280 | (A) | Engaging in commercial taxidermy work without Taxidermy License | - $300.00 |
| (B) | Maintaining proper records by taxidermist |
- $100.00 |
|
| Sec. 11-7-290 | (A) | Commercially buying or selling furs, pelts or skins without Fur Dealer License | - $300.00 |
| Sec. 11-7-310 | (A) | Engaging in wildlife propagation business without Wildlife Propagation License | - $300.00 |
| (B) | Complying with Commission regulations and reporting | - $100.00 | |
| Sec. 11-7-320 | (A) | Engaging in business of private hunting preserve without Private Hunting Preserve License | - $300.00 |
| (D) | Hunting on private hunting preserve without Private Hunting Preserve License | - $100.00 | |
| Sec. 11-7-330 | (A) | Failure to maintain records as required by Commission; failure to produce records for inspection | - $200.00 |
| Sec. 11-8-010 | Reckless endangerment | - $500.00 | |
| Sec. 11-8-070 | (A) | Shooting from or across public highway | - $100.00 |
| (B) | Protruding firearm on public highway | - $ 50.00 | |
| (C) | Children in possession of firearm | - $ 35.00 | |
| Sec. 11-8-080 | (a) | Cutting hole in ice greater than 10 inches | - $ 35.00 |
| (b) | Fishing through hole larger than 10 inches | - $ 35.00 | |
| Sec. 11-8-080 | Negligent operation of boat | - $100.00 | |
| Sec. 11-8-100 | Overloading boat | - $ 35.00 | |
| Sec. 11-8-120 | Improper lighting on boat | - $ 35.00 | |
| Sec. 11-8-130 | Operating boat without approved flotation devices | - $ 35.00 | |
| Sec. 11-8-140 | Operating/allowing boat to be operated while operator lacking capacity | - $100.00 | |
| Sec. 11-9-010 | Juvenile hunting without having successfully completed hunter education courses | - $ 35.00 | |
| Sec. 11-10-010 | (A) | Failure to produce wildlife for inspecting | - $100.00 |
| (B) | Failure to stop and report at check station | - $100.00 | |
| (C) | Failure to have valid license, permits, stamps, and tags in possession while hunting, fishing or trapping | - $ 50.00 | |
| Sec. 11-11-020 | Wasteful destruction/mutilation of wildlife | - $300.00 | |
| Sec. 11-11-030 | (B) | (1) Taking game, fish or fur-bearers during closed season | - $100.00 |
| (2) Exceeding bag or possession limits | - $100.00 | ||
| (3) Taking fish by unlawful means | - $ 35.00 | ||
| (4) Unlawful purchase, possession or use of license, permit, stamp or tag | - $500.00 | ||
|
(5) Unlawful sale or purchase of game or any protected species; Hunt, fish or trap while license revoked |
- $500.00 - $200.00 |
||
| Sec. 11-13-030 | (A) | Unlawful killing, possession or waste of wildlife | - $100.00 |
| Sec. 11-12-020 | Hunting on refuge in violation of Commission regulations | - $100.00 | |
| Sec. 11-12-040 | (B) Remove, deface, alter, destroy refuge signs | - $200.00 | |
| Sec. 11-13-020 | Guiding without license | - $300.00 | |
| Sec. 11-13-030 | Violation of Code by licensed guide while guiding | - $200.00 | |
| Sec. 11-13-040 | Failure by guide to report violations of Code or Commission regulations | - $100.00 |
CHAPTER XIII. GUIDING
Sec. 11-13-010 Commission to Establish Guiding Regulations
The Commission shall promulgate rules and regulations for guiding on the Reservation and for the issuance of guide's licenses. The Commission shall restrict the issuance of guide's licenses. The Commission shall restrict the issuance of guide's licenses to adult tribal members only and shall limit the number of guide's licenses issued. In determining the number of guide's licenses to make available the Commission shall take into consideration such factors as geographical limitations for each guide, the resources available on each part of the Reservation, and minimizing competition with non-guided hunters and anglers
Sec. 11-13-020 Guiding; License Required
No person shall engage in guiding activities for hunting or fishing without first purchasing a valid guide's license from the Commission.
Sec. 11-13-030 Violation of Code; Automatic Forfeiture of License
Any person licensed to engage in guiding activities on the Reservation who violates any provisions of the Code or rules and regulations of the Commission shall, upon conviction by the Court, forfeit his guide's license to the Director. Said person's guiding privileges shall be suspended for a minimum of twelve (12) months and no guide's license shall be issued to said person until all conditions of the Court's order have been fully complied with and said person appears before the Commission for a hearing to show cause why a guide's license should be issued.
Sec. 11-13-040 Responsibility for Clients; Duty to Report Violations
Any person licensed to engage in guiding activities on the Reservation shall be responsible for conduct of his clients and shall report any violations of the Code or Commission rules and regulations to the Director, whether committed by his clients or any other person. Failure to timely report such violations shall be a violation of Section 11-13-030 of this Code.
SUGGESTED REGULATIONS
CR 87.001 - AUTHORITY OF THE COMMISSION
The Commission shall have authority:
1. To administer and carry out the wildlife policy of the Tribe as set forth in Section 11-1-030 of the Yankton Sioux Tribe Wildlife Conservation Code, with emphasis on the standards enumerated in Section 11-1-040.
"WILDLIFE POLICY - It shall be the policy of the Yankton Sioux Tribe that all wildlife and fishery resources within the exterior boundaries of the Yankton Sioux Indian Reservation, as established by the Treaty of 1858, are property of the Yankton Sioux Tribe, and that management of these resources is a fundamental form of tribal self-government, and that the tribe's wildlife and fishery resources shall be preserved, protected, perpetuated and managed in accordance with the provisions set forth in this Code and in rules and regulations promulgated by the Commission. It shall be the policy of the Yankton Sioux Tribe that wildlife and fishery habitats be managed, to the greatest practicable extent, to ensure establishment and maintenance of optimum wildlife species diversity and population densities throughout the Reservation. It shall also be the duty of the Commission to implement this policy but not to change it."
INDIAN SOCIAL AND CULTURAL VALUES - It shall be the responsibility of the Business and Claims Committee, the Commission, and the Department to preserve the unique social, cultural and religious values of the Yankton Sioux Tribe which are directly and fundamentally linked with wildlife and fisheries, by giving such values due regard in decision making, program operation and implementation of the wildlife policy.
2. To authorize any Commission members or other persons to make investigations for fact-finding purposes. Provided further, the Commission may authorize any Commissioner or the Director to hold hearings for fact-finding purposes; such investigator shall report such facts to the Director and the commission as a body. Such Commissioner, Director or other person has no administrative authority when acting in this capacity.
CR 87.002 - RULES OF THE WILDLIFE CONSERVATION COMMISSION
1. Meetings and Hearings
A. The Commission shall meet regularly each month of the year at the Bureau of Indian Affairs Agency Office, Wagner, South Dakota, or such other place within the Reservation as the Commission may be order select.
Special meetings of the Commission may be called at any time and place by the Chairman of the Commission and/or a majority of the members of the Commission. The Secretary of the Commission shall give notice to each member of the commission, the Director of the Wildlife Conservation Department, the nonvoting Business and Claims Committee member serving on the Commission, and other such persons as are necessary of all special meetings. Such notice shall be in writing and shall set forth the time, place and purpose of such special meeting.
B. Hearings to be held by the Commission as provided in Section 11-2-010 of the Wildlife Conservation Code may be called at any time and place by the Chairman and/or majority of the members of the Commission. The Secretary of the Commission shall give notice to each member of the commission, the Director of the Department of Wildlife Conservation, the nonvoting Business and Claims Committee member serving on the Commission in writing of such hearing. Such notice shall set for the the time, place and purpose of the hearing.
The tribal membership on the Reservation shall be given notice of such hearing through publication in a newspaper of general circulation in Charles Mix County, South Dakota, and by other means designed by the Chairman of the Commission to best provide notice to all resident tribal members. Publication shall be for at least two weeks prior to such hearing and at least one time per week.
2. Called to Order
The Chairman of the Commission, or, in his absence, any member of the commission, to be chosen by members present, shall call the meeting to order and preside at all meetings and hearings of the Commission.
3. Quorum
Two members of the Commission shall constitute a quorum for the transaction of any business or in the performance of any duty or exercise of any power. Provided, whenever a less number than quorum shall convene at a regular or special meeting, they may recess from day to day until a quorum is present.
4. Order of Business
The Commission having been called to order and a quorum present, the order of business shall be as follows:
A. Roll Call
B. Reading of minutes of the previous day.
C. Reading of communications requiring attention of the Commission.
D. Consideration of reports of Director and other.
E. Unfinished business.
F. Budget statement
G. New business
H. Miscellaneous business
Other such order of business as may be determined by the chairman or a majority of the members of the Commission.
5. Secretary - Records
A. The Secretary shall preserve all papers and files of the Commission and keep a complete record of all proceedings by the Commission, which proceedings shall be in a permanent record book to be designated as "Minute Record and Proceedings Wildlife Conservation Commission of the Yankton Sioux Tribe," which record shall contain all orders, rules and regulations issued by the Commission, together with a complete minutes of the full proceedings of the Commission, the vote of each member of the Commission on all questions shall be placed in the record upon the request of any Commission member. The daily proceedings of the Commission shall be signed by the Commission Chairman and attested by the Secretary. The record book shall be kept by the Secretary in the office of the Director in the Department of Wildlife Conservation Office, and shall be available to the Director and the tribal membership during office hours.
B. Extraneous matters need not be made a part of the minutes of the Commission meetings.
C. Electronic transcripts shall be made of each meeting of the Commission whenever possible. The tapes shall be available for review at any time. The tapes shall be retained for a minimum period of two years and then disposed of only on the authority of the Commission.
6. Orders and Regulations
A. The Secretary of the Commission will prepare eight copies of all orders and regulations of the commission, which copies shall be distributed as follows: One to the Chairman of the Business and Claims Committee, one to each member of the Commission, one to the Agency Superintendent, one to the Tribal Judge, and the remaining set to the Director.
B. All orders and regulations of the Commission shall be certified by the Chairman and attested by the Secretary, and shall be designated by number. All orders and regulations shall be placed on file in the office of the Director.
7. Record Clerk For The
Commission
The Secretary shall, with concurrence of the Tribal Chairman, select from the regular employees of the Business and Claims Committee record clerk to act as Secretary to the Secretary of the Commission. Such clerk shall attend all meetings and hearings, when ordered by the Commission, and enter the proceedings of the same in the minute book as provided in Rule 5. The said clerk shall be under the supervision of the Director during recess of the Commission and shall perform other duties as he may direct.
8. Delegation of Powers
to Director
The Commission may, by order, delegate such powers to the Director as the Wildlife Conservation Code will permit.
9. Questions to be Brought
Before the Commission
A. All questions shall be before the Commission by either motion or resolution and such motion or resolution shall not be debated before the Chairman has properly stated the question.
B. After the question has been put by the Chairman, each member of the Commission, or the Director, when properly recognized, may speak on the questions; but no one shall speak more than twice on the same questions without consent of the majority of the members of the Commission.
10. Obtaining the Floor
To obtain recognition from the Chair, a member will address the Chair, and when duly recognized, the member may proceed provided, that such request for recognition may not be made when another has the floor.
11. Voting
A. All voting members will be required to vote upon all questions placed before the commission unless excused by the Commission, and the reason for such excuse shall be placed upon the record.
B. When there is a tie vote, the question fails.
C. A Commissioner may change his vote on any question up to the time the vote is finally announced by the Chair.
D. The Chairman shall have a note on all actions by the Commission.
E. Any absentee Commissioner wishing to vote on any question, after being fully informed of the facts, may cast his vote by proxy. The proxy shall be in the form of a letter designating power of attorney for a Commission member present at the meeting to cast a vote on behalf of the absent member. Such letter shall indicate the vote which is desired and shall be part of the record of the meeting.
12. Motion to Reconsider
A question having been decided by the Commission, any Commissioner having voted on the prevailing side, may on any day of the meeting at which such question was decided, move to reconsider the vote by which the same was lost or carried. If such motion to reconsider carries, the Chairman shall again put the original question before the Commission. It will have the same status as if it had not been voted on by the Commission.
13. Parliamentary Rules
The rules contained in Robert's Rules of Order shall govern the Commission in all cases to which they are applicable, and in which they are not inconsistent with the rules of order of the Commission.
14. Suspension or Amendment
of Rules
These rules of the Commission many be amended or suspended by a vote of the members of the Commission.
CR87-003
- CLASSIFICATION OF WILDLIFE
It shall be unlawful to take or possess those species of wildlife classified as "Protected non-game species" in any manner.
Those species of wildlife classified as "Game animals", "Game birds", "Game fish", "Furbearing animals", or "Migratory birds" may be taken in accordance with seasons, bag limits and such other laws and regulations established governing the taking of same. "Unprotected wildlife" may be taken in any amount and at any time by properly licensed persons.
The following wild animals are hereby classified as (1) Big Game Animals:
A. Buffalo - Bison bison
B. Elk - Cervus Canadensis
C. Mule Deer - Odocoileus hemionus
D. White-tailed Deer - Odocoileus virginianus
E. Wild Turkey - Meleagris galopavo
The following wild animals are hereby classified as (2) Upland Game Mammals:
A. Cottontail Rabbit - Sylivilagus nuttallii
B. Fox Squirrel - Sciurus niger
The following wild birds are hereby classified as (3) Upland Game Birds:
A. Chinese or rink-necked pheasant, Mongolian pheasant, Mutant pheasant Japanese green pheasant or any hybrids thereof - Phasianus
B. Hungarian partridge - Perdix perdix
C. Bobwhite Quail - Colinus virginianus
D. Sharp-tailed grouse - Pedicetes Phasianellus
E. Prairie Chicken - Typanuchus
The following wild fish and amphibians are hereby classified as (4) Game Fish:
A. Shovelnose Sturgeon - Scaphirhynchus
B. Rainbow Trout - Salmo gairdneri
C. Black Bullhead - Ictalurus melas
D. Brown Bullhead - Ictalurus Nebulosus
E. Channel Catfish - Ictalurus punctatus
F. Flathead Catfish - pylodictis olivaris
G. Paddlefish - Polyodon spathula
H. Ling - Lota lota
I. Green Sunfish - Lempomis cyanellus
J. Pumpkinseed - Lepomis gibbosus
K. Bluegill - Lepomis macrochirus
L. Smallmouth Bass - Micropterus dolomieui
M. Largemouth Bass - Micropterus salmoides
N. White Crappie - Pomoxix annularis
O. Black Crappie - Pomoxix nigromaculatus
P. Yellow Perch - Perca flavescens
Q. Walleye - Stizostedion vitreum
R. Northern Pike - Esox lucius
S. Bullfrong - Rana catesbeiana
The following wild animals are hereby classified as (5) Furbearing Animals:
A. Mink - Mustela vison
B. Beaver - Castor canadensis
C. Muskrat - Odatra zibethicus
D. Red Fox - Vulpes fulva
E. Gray Fox - Urocyon cinereoargenteus
F. Raccoon - Procyon lotor
G. Badger - Taxidea taxus
H. Bobcat - Lynx rufus
I. Weasel - Mustela
J. Jackrabbit - Lepus townsendii
* K. Coyote - Canis latrans
L. Opossum - Didelphis virginiana
* Coyotes shall be classified as fur bearing animals between September 1 and February 15.
The following wild birds are hereby classified as (6)
Migratory Game Birds:
A. Mourning Doves - Zenaidura Macroura
B. Wild Ducks, Wild Geese, Swans and mergansers - Antidae
C. Common Snipe - gallinago gallinago
D. American Coot - Fulica Ameriana
E. American Crow - Corvus brachyrhynchos
F. Sandhill Crane - Grus canadensis
* See W.C.C. 11-4-020(A)(2) which refers to conditionally protected species.
The following wild animals and wild birds are hereby classified as (7) Protected non-game species:
|
|
Mountain
Lion - Felis concolor Blackfooted Ferret - Mustela nigripes River Otter - Lutra canadensis Kit Fox - Vulpes velox |
B. Birds - All wild birds except English sparrow, European Starling, feral pigeons and except those birds listed as (1) Big Game, (3) Upland Game birds and (6) Migratory Birds. See W.C.C. 11-40-020(A)(2) which refers to Conditionally Protected Species.
Unprotected wildlife (8) hereby includes all other wildlife not classified in the preceding categories (1) through (7).
CR.87.004 IMPORTATION OF UNDESIRABLE WILDLIFE
It shall be unlawful for any person to import, transport into, and/or release or sell within the Reservation any living animals, birds, fish or eggs or any birds or fish without having first obtained a permit from, and of a form prescribed by the Director, except that no permit shall be required if said animals, birds or fish are:
A. Animals or birds normally considered to be of agricultural or domestic types currently common on the Reservation.
B. Ornamental, aquarium fish of varieties commonly accepted in interstate shipment.
C. Animals and birds commonly considered to be conventional household pets. provided, however, that skunks, raccoons, foxes, bats, and bobcats, are specifically excluded from being considered as conventional household pets for purposes of this regulation.
FISHING
CR 87.005 LICENSE AND PERMIT
No person shall fish for game fish on the Reservation without the appropriate Game and Fish License and Fishing permit.
CR 87.006 METHOD OF TAKE, GAME FISH
All game fish except bullfrogs may be taken only with rod and reel subject to the following limitations and exceptions:
A. Rod and Reel
1. No person may fish with more than two rods having more than three hooks attached per line. For this regulation, a lure, whether with multiple hooks or single hook shall be considered a single hook.
2. Each fishing rod shall be attended by the angler. For this regulation "attended" shall mean under the supervision or direct and unaided observation of the angler.
3. When fishing with rod and reel snagging game fish shall not be allowed, EXCEPT that paddlefish may be snagged during an open season for paddlefish. For this regulation, "snagging" shall mean impaling a fish with a hook by means other than normal feeding behavior. Any game fish which is accidentally snagged shall be immediately returned to the water.
4. Game fish and rough fish may be taken with bait or lures. No game fish, carp buffalo fish or goldfish may be used as bait, except cleanings thereof.
5. Landing nets and gaffs may be used as an aid in landing fish.
6. Artificial lights may be used in taking fish by legal means.
B. Archery and Spears
Tribal members may take game fish and rough fish in the Missouri River using the following devices, provided that bag and possession limits of game fish are not exceeded.
1. A longbow, recurve bow, or compound bow and a barbed arrow with line attached to the bow or a reel attached to the bow.
2. A spear thrown by hand.
C. Setlines, Trapnets, Hoopnets
and Willow Traps
Tribal members may take catfish and rough fish in the Missouri River with setlines, trapnets, hoopnets and willow traps provided such tribal member is in possession of a valid Member Game and Fish License, Member Fishing Permit, and Setline, Trapnet, Hoopnet or Willow Trap Permit. Any tribal member using these devices shall take and reduce to possession only catfish and rough fish, and only for non-commercial household purposes. Such tribal member shall complete a reporting form to be prescribed by the Director which records the dates and locations such devices are used and numbers of each species of catfish taken.
CR87.007 TRANSPORTATION, STORAGE OR PROCESSING
No person shall transport for another, receive for cleaning, processing or storage or accept as a gift any game fish or parts thereof unless accompanied by a written statement signed by the taker showing the number and kinds of game fish, the date taken, the taker's name, address, and Game and Fish License number.
No person may lawfully claim, be granted or assume ownership of more game fish taken within the Reservation than allowed by possession limits established by the Commission. For this regulation "possession limit" shall mean gamefish in possession while in the field or being transported to final place of consumption or storage. See Section 11-1-050(18).
CR 87.008 IDENTIFICATION OF SPECIES IN POSSESSION DURING TRANSPORTATION OR SHIPMENT
Any person in possession of or transporting or shipping any game fish must comply with the following requirements:
1. The name, address, and Game and Fish License number of the shiper must clearly be shown on any package or container in which game fish are being transported by common carrier. The name and address of the consignee, together with an accurate statement of the number and kinds of game fish in the package or container, must also be clearly visible.
2. A written statement by the taker is needed when another person transports any game fish or parts for the taker. The statement must show the taker's name, address, Game and Fish License number, the number and kinds of game fish being transported, date taken, and the name of the person authorized to transport.
3. When game fish are being transported for another person and they are accompanied by the proper written statement, they are not counted in any possession limit of the transporter.
CR 87.009 MINNOW SEINES AND TRAPS
Minnows may be captured for bait using minnow seine with mesh size of 3/8 inch or less and not more than 4 feet by 15 feet, or with minnow traps with openings no larger than 1 inch.
Minnow traps must be marked legibly with the owner's name and address and must be checked and the contents emptied at least once in every 48 hours. Minnow traps must not be set as to block more than 1/2 of any stream channel.
No person, unless in possession of a valid Bait Vendor's License, shall be in possession of more than 500 minnows or trade, barter, sell minnows on the Reservation. Any game fish taken in minnow seines or traps shall be immediately returned to the water from which they were taken.
CR 87.010 MOLESTING FISH
No person shall molest or take or attempt to take any fish or amphibian on the Reservation with a firearm, pellet gun, or similar device.
CR 87.011 UNAUTHORIZED STOCKING
No person shall introduce any species of fish into any waters of the Reservation without authorization of the Director.
CR 87.012 SEASON AND LIMITS
Unless otherwise provided by the Commission, all waters of the Reservation shall be open for fishing from January 1 through December 31.
For bag and possession limits of game fish see current regulations.
CR 87.013 COMMERCIAL FISHING HARVEST PERMIT
The following regulations provide the for the commercial harvest of fish in the Missouri River and in other waters of the Reservation specifically identified by the Commission.
A. Species
The Director shall determine those species of fish which may be taken from any particular body of water on the Reservation and in the Missouri River.
B. Commercial Fishing License,
Delivery Permit and Contract Required
Commercial fishing in any waters of the Reservation or in the Missouri River may take place only after execution of a contract with the Tribe and issuance of a commercial Fishing License and Delivery Permit made in a manner and form prescribed by the Director.
C. Sale of Permitted Fish
The sale of such fish legally taken under the authority of said license and permit shall be lawful. All species of fish other than those specified in said License and Permit shall be returned to waters of origin unharmed immediately upon capture.
D. Report Required
The licensee shall furnish the Director with a report by species of the approximate numbers and pounds of fish taken and to whom such fish were sold on the first day of the month following the taking of sale of such fish.
E. Fishing Hours
The house for fishing under the terms of said License and Permit shall be 5:00 A.M. to 10:00 P.M. unless otherwise specified.
F. Revocation of License
and Permit
The License and Permit so issued shall be revocable at the discretion of the Director. Failure to comply with requirements in the Contract, License, Permit and regulations as set forth shall be sufficient cause for cancellation.
G. Transfer and Expiration
The License and Permit are non-transferable and shall expire on December 31 of the calendar year in which they were issued
H. Method of Take
The method of take shall be by seining or such other method as the director shall determine.
BIG GAME
CR 87.014 TAGS AND PERMITS
No person shall hunt big game animals without having in possession a valid Game and Fish License and the appropriate tags, stamps and permits.
CR 87.015 TAG VALIDATION AND ATTACHMENT
The appropriate big game animal tag must be validated and attached directly and securely to the largest portion of the carcass to be retained immediately after the animal is killed, and must remain attached during transit and storage.
CR 87.016 METHOD OF TAKE, BIG GAME
Big game animals may be taken only with the following devices:
A. Any centerfire rifle of .22 caliber or greater with an overall cartridge length of at least two inches with expanding-type bullet. Only rifles capable of holding six cartridges or less which cannot be operated by full automatic firing may be used.
B. Any handgun of .38 caliber or larger developing muzzle energy of at least 700 foot pounds with expanding-type bullet weighting 125 grains or more.
C. A longbow, recurve bow or compound bow having a pull of 40 or more pounds at a draw of 28 inches, or equivalent. Arrows must have a broadhead measuring at least 7.8 inch in width and honed to reasonable sharpness. Arrows dipped in or containing any poisonous or tranquilizing substance are prohibited. No device may be used which holds bow at partial or full draw.
D. A shotgun of at least 20 gauge with shells no longer than 30 inches which use slugs, round ball or No. 00 buck, EXCEPT that wild turkeys may be taken with shotshells containing lead or stool shot smaller than No. 00.
E. A muzzle loading rifle of at least .45 caliber which can be loaded only from the muzzle and is capable of holding no more than one charge of powder or Pyrodex and ball.
CR 87.017 SEX OF ANIMAL
Big game animals or either sex may be taken in all hunts for deer and wild turkey EXCEPT as otherwise provided.
A. Deer
Only deer with one antler longer than the ears may be taken in any hunt which is open for antlered deer only.
Only deer without antlers or with antlers shorter than the ears may be taken in any hunt which is open for antlerless deer only.
B. Wild Turkey
Only bearded wild turkeys may be taken in any hunt which is open for bearded or male turkeys only.
CR 87.018 BIG GAME SEASONS AND LIMITS
See current big game regulations. There is no open season for elk and buffalo.
CR 87.019 ATTACHED EVIDENCE OF SEX REQUIREMENT
Evidence of sex must be left attached to the carcass of a big game animal taken in a hunt restricted to antlered or antlerless or male animals only.
The evidence of sex requirement is met when the head, horns or antlers are left naturally attached to the whole carcass or to a front quarter.
1. Hunts Restricted to Antlered or Male Animals Only
If the head, horns or antlers are removed, some other external evidence of sex (scrotum, penis or testicles) must be left naturally attached to the carcass or to a hind quarter until the carcass reaches the final place of storage or consumption; and the horns or antlers must accompany the carcass while in transit.
The beard of spurred leg of a wild turkey must be left naturally attached to the carcass while being transported between the place where taken and the final place of storage or consumption.
2. Hunts Restricted to Antlerless
Animals Only
If the head is removed from a female deer (does or fawns) the udder or vulva must be left naturally attached to the carcass or to a hind quarter until the carcass reaches the final place of storage or consumption.
The entire head of male animals with antlers shorter than the ears (fawn deer) must be left naturally attached to the whole carcass or to a front quarter until the carcass reaches the final place of storage or consumption.
CR 87.020 HUNTING HOURS
Big game animals may be taken only from one-half hour before official sunrise to one-half hour after official sunset.
CR 87.021 TRANSPORTATION, STORAGE OR PROCESSING
No person shall transport for another, receive for cleaning, processing or storage or accept as a gift any big game animal or parts thereof unless accompanied by a written statement signed by the taker showing the number and kinds of animals, the date taken, the taker's name, address, Game and Fish License number and tag number.
No person may lawfully claim, be granted or assume ownership of more big game animals taken within the Reservation than allowed by possession limits established by the Commission.
CR 87.022 WOUNDING AND RETRIEVING
No person shall wound or kill any big game animal without making a reasonable effort to retrieve it and reduce it to possession.
CR 87.023 SALE OF WILDLIFE PARTS
Non-edible parts of upland game birds, game animals and game fish which have been lawfully killed during an open season, and naturally shed antlers of deer may be lawfully sold.
CR 87.024 NON-LICENSEES
No licensee for big game hunting during a big game season may be accompanied by a non-licensee who is in possession of a firearm or bow and arrow. A non-licensee is a person not having a Game and Fish License and a big game permit for the same hunt as the licensee.
UPLAND GAME BIRDS
CR 87.025 IDENTIFICATION OF SPECIES IN POSSESSION AND DURING TRANSPORTATION OR SHIPMENT
Any person in possession of or transporting or shipping any game birds must comply with the following requirements.
A. One fully-feathered wing or the head must remain on any dressed game bird. This is needed for identification of species and sex while game birds are being transported from the place where taken to the possessor's home or to a commercial processing or storage facility.
B. The name, address, and Game anf Fish License number of the shipper must clearly show on any package or container in which birds are being transported by common carrier. The name and address of the consignee, together with an accurate statement of the number and kinds of birds in the package or container, must also be clearly visible.
C. A written statement by the taker is needed when another person transports any game birds or parts, receives them for cleaning, processing, or storage, or takes them as a gift. The statement must show the taker's name, address, Game and Fish License number, the number and kinds of birds being transported, date taken, and the name of the person authorized to transport.
D. When game birds are being transported for another person and they are accompanied by the proper written statement, they are not counted in any possession limit of the transporter.
CR 87.026 METHODS OF TAKE
Upland birds may be taken:
A. By natural light EXCEPT that pheasants may not be taken before 10:00 A.M.
B. With shotgun, longbow, recurve bow, compound bow, and handheld or thrown missiles.
C. With shotgun shells not exceeding three and one-half inches maximum length.
D. From boats or other crafts having a motor attached ONLY if the motor is completely shut off and forward progress has ceased, or if the boat is drifting naturally or if it is propelled only by paddle, oars, or pole, or if it is beached, moored, or resting at anchor.
E. With the aid of dogs.
CR 87.027 WOUNDING AND RETRIEVING
No person shall wound or kill any upland game bird without making a reasonable effort to retrieve it and reduce it to possession. Every upland game bird wounded by hunting and reduced to possession shall immediately be killed and become part of the daily bag limit.
CR 87.028 UPLAND BIRD SEASONS AND LIMITS
See current upland bird regulations.
COTTONTAIL RABBIT AND EASTERN FOX SQUIRREL
CR 87.029 IDENTIFICATION OF SPECIES IN POSSESSION AND DURING TRANSPORTATION OR SHIPMENT
Any person in possession of or transporting or shipping cottontail rabbits or eastern fox squirrels shall comply with the following requirements.
A. The name, address, and Game and Fish License number of the shipper must be clearly shown on any package or container in which the rabbits or squirrels are being transported by common carrier. The name and address of consignee, together with an accurate statement of the number and kinds of rabbits or squirrels in the package or container, must be clearly visible.
B. A written statement signed by the taker is needed when a person other than the taker transports cottontail rabbits or eastern fox squirrels or parts of such animals, receives them for cleaning, processing, storage, or takes them as a gift. The statement must sow the taker's name, address, Game and Fish License number, the species of animal being transported, date taken, and the name of the person authorized to transport.
C. When cottontail rabbits or eastern fox squirrels are being transported for another person and they are accompanied by the proper written statement, they are not counted in any cottontail rabbit or eastern fox squirrel possession limit of the transporter.
CR 87.030 METHODS OF TAKE
Cottontail rabbits and eastern fox squirrel may be taken:
A. By natural light, except for tribal members taking rabbits and squirrels with snares.
B. With rifle, pistol, shotgun, longbow, recurve bow, compound bow, air pistol, air rifle, and hand-held or thrown missiles.
C. With the aid of dogs.
D. With shotgun shells not exceeding three and one-half inches maximum length.
E. Tribal members only - with snares.
F. From boats or other craft having a motor attached ONLY if the motor is completely shut off and forward progress has ceased, or if the boat is drifting naturally, or it is propelled only by paddle, oars, or pole, or it is beached, moored, or resting at anchor.
CR 87.031 WOUNDING AND RETRIEVING
No person shall wound or kill any cottontail rabbit or eastern fox squirrel without making a reasonable effort to retrieve it and reduce it to possession. Every cottontail rabbit or eastern fox squirrel wounded by hunting and reduced to possession shall immediately be killed and become part of the daily bag limit.
CR 87.032 COTTONTAIL AND SQUIRREL SEASONS AND LIMITS
See current cottontail rabbit and eastern fox squirrel regulations.
MIGRATORY GAME BIRDS
CR 87.033 POSSESSION, TRANSPORTATION, SHIPMENT, STORAGE AND PROCESSING
A. Not more than one possession limit of ducks and one possession limit of geese may be transported out of the Reservation in any one calendar week.
B. No person may possess or transport more than the daily bag limit of migratory game birds at or between the place where taken and either:
1. His automobile or principal means of land transportation, or
2. His personal abode or temporary or transient place of lodging, or
3. A place of game processing or storage, or
4. A post office or common carrier facility.
C. One fully feathered wing or head must be retained on all dressed waterfowl to permit identification as to species and sex while being transported between the place where taken and the person abode of the possessor.
D. Any package or container in which such birds are being transported by common carrier must have the name, address, and Game and Fish License number of the shipper and of the consignee and an accurate statement of the numbers and kinds of birds contained therein clearly and conspicuously marked on the outside thereof.
CR 87.034 GIFTS OF WILDLIFE, PROXY TRANSPORTATION
A. No person shall transport for another, receive for cleaning, processing or storage, or accept as a gift any migratory birds, or parts thereof unless said migratory game birds are accompanied by a written statement prepared by the taker showing the number and kinds, the date taken, and the taker's signature, address, and Game and Fish License number.
B. When such migratory game birds are accompanied by a written statement as provided, and are being transported for another, they shall not be construed to be in excess of the possession limit of the person transporting them.
C. Provided, however, no person may lawfully claim, be granted or assume ownership to more migratory game birds taken within the Reservation than allowed by possession limits established by the Commission.
CR 87.035 WATERFOWL - HUNTING METHODS, WEAPONS, AIDS, BOATS
Migratory waterfowl may be taken only:
A. With shotgun no longer than No. 10 gauge and incapable of holding more than three shells, fired from the shoulder, or longbow, recurve bow or compound bow and arrow.
B. With shotgun shells not exceeding three and one-half inches maximum length.
C. With lead shot not exceeding BB size EXCEPT that only non-toxic or steel shot no larger than size "T" shall be used within 10 yards of any river, stream, pond, reservoir, marsh or impoundment.
D. By the aid of dogs, blinds, artificial decoys, manually or mouth-operated called.
E. From boats or other craft having motor attached, if said motor is completely shut off and forward progress has ceased, or if said motor is drifting, beached, moored, resting at anchor or is being propelled only by paddle, oars, or pole.
F. During lawfully established seasons between one-half hour before official sunrise to official sunset.
CR 87.036 WOUNDING AND RETRIEVING
A. Every migratory game bird wounded by hunting and reduced to possession shall immediately be killed and become part of the daily bag limit.
B. No person shall kill any migratory game bird without making a reasonable effort to retrieve the bird and reduct it to his actual possession.
CR 87-037 WATERFOWL - PROHIBITED METHODS
Migratory game birds may NOT be taken:
A. With trap, net, snare, crossbow and arrow, rifle, pistol, swivel gun or machine gun.
B. With a shotgun of any description originally capable of holding more than three shells, the magazine of which has not been cut off, altered, or plugged with a one-piece filler, incapable of removal without disassembling the gun, so as to reduce the capacity of said gun to not more than three shells in the magazine and chamber, combined.
C. From or by means, aid or use of a sinkbox, motor-driven conveyance, motor vehicle or aircraft of any kind.
D. By use or aid of live birds as decoys.
E. By use or aid of recorded bird calls or sounds, or recorded or electronically amplified imitations of bird calls or sounds.
F. By means or aid of any motor-driven land, water or air conveyance or any sailboat used for the purpose of or resulting in the concentration, driving, rallying or stirring up of waterfowl.
G. By the aid of baiting, or on or over any baited areas. As used here, "baiting" shall mean the placing, exposing, depositing, distributing or scattering of shelled shucked or unshucked corn, wheat or other feed so as to constitute for such birds a lure, attraction or enticement to, on or over any area where hunters are attempting to take them; and "baited area" means any area where shelled, shucked or unshucked corn, wheat or other grain, salt or any other feed whatsoever capable of attracting such birds is directly or indirectly placed, exposed, deposited, distributed, or scattered. Nothing herein shall prohibit the taking of such birds on or over standing crops, flooded standing crops, flooded harvested croplands, grain crops properly shucked on the field where grown or grains found scattered solely as the result of valid agricultural operations or procedures.
CR 87.038 WATERFOWL SEASONS AND LIMITS
See current Waterfowl Hunting Regulations.
CR 87.039 PROTECTED SPECIES
There is no open season on the Reservation on swans.
CR 87-040 MOURNING DOVE SEASONS
See current Mourning Dove Hunting Regulations.
CR 87.041 AMERICAN CROW
American Crows may be taken:
A. By natural light.
B. With shotgun, longbow, recurve bow or compound bow.
C. With shotgun shells not exceeding three and one-half inches maximum length.
D. From boats or other craft having a motor attached ONLY if the motor is completely shut off and forward progress has ceased, or if the boat is drifting naturally or if it is propelled only by paddle, oars, or pole, or if it is beached, moored, or resting at anchor.
CR 87.042 AMERICAN CROW - SEASONS, BAG AND POSSESSION LIMITS
October 1 through January 31 of the following year. There is no daily bag or possession limit.
FURBEARERS
CR 87.043 FURBEARERS - METHOD OF TAKE
Furbearers may be taken on the Reservation by hunting or trapping EXCEPT that beaver, muskrat, and mink may only be taken by trapping. Snares may not be used for taking furbearers. No leghold traps larger than Size No. 4 may be used and no body grip trap with a jawspread of 8 inches or more may be used above the high water line of any stream or body of water. Traps must be staked or firmly attached to an object which the trapped animal cannot move. Drags of any time are prohibited.
No person shall make any dry land set with a trap within 30 feet of any bait when said bait is visible from above while standing within six feet of the bait. This regulation does not prohibit the use of scent. For this regulation, "bait" shall be defined as any material composed of fish or animal flesh, fur, hide, entrails or feathers. Persons using bait shall be deemed responsible should the bait become exposed for any reason.
No person shall use any live domestic or wild animal to entice any predator of furbearer to a set.
CR 87.044 TRAPPING - IDENTIFICATION TAGS REQUIRED
It shall be unlawful for any person to set any trap except for pocket gophers, ground squirrels or other unprotected rodents without first having attached to the chain of every trap a metal tag bearing the legible name and current address of the trapper.
Such tag so attached shall be prima facie evidence of ownership and control of said trap.
CR 87.045 CHECKING TRAPS
It shall be unlawful to trap furbearing animals, predatory or unprotected wildlife, except pocket gophers, ground squirrels and other unprotected rodents, without visiting every trap once each 48 hours and removing any catch therein.
CR 87.046 REMOVING TRAPPED ANIMALS OF ANOTHER
THEFT: It shall be unlawful to remove wildlife from the trap or snare of another, except that licensed trappers with written permission from the owner may do so. This regulation shall not apply to Department personnel in the performance of their official duties.
CR 87.047 IMMEDIATE KILLING OR RELEASE OF FURBEARER
Any trapped wild furbearer must be immediately released or humanely killed upon discovery in any set belonging to the trapper.
CR 87.048 RAW FURS
The raw furs of animals legally trapped may be possessed after the close of the season if the furs are checked with the Director or other Department personnel within 10 days after the close of season.
CR 87.049 RACCOON HUNTING AT NIGHT
Raccoons may be taken by hunting at night only under the following conditions:A. No hunting from motorized vehicles may occur.
B. No light using more than 6 volts of electricity may be used. Such light may not be attached to any motorized vehicle and may be used only after dogs have treed the raccoon.
C. Persons hunting raccoons shall only be in possession of a shotgun using shotshells or a .22 caliber rimfire rifle or pistol.
CR 87.050 MUSKRAT AND BEAVER TRAPPING
No person shall destroy any muskrat house or bear lodge while trapping or trap on any muskrat house or beaver lodge.
CR 87.051 SEASON OPENING
No person shall set, stake, place any trap before dawn of the opening day of any furbearer season.
CR 87.052 FURBEARER SEASONS AND LIMITS
See current furbearer regulations.
CR 87.053 SHOOTING PRESERVE REGULATIONS
Shooting preserves on the Reservation shall be licensed and operated in accordance with the following regulations:
A. Application - Each applicant for a "Shooting Preserve Permit" shall complete an application made in a type and form prescribed by the Director, which shall set forth the legal requirements for such "Shooting Preserves". The signature of the applicant and the signature of the representatives of the Director on such form shall be cause for the issuance of such shooting preserve permit.
B. Disease-free Birds - All upland game birds shipped into the Reservation for release on an authorized shooting preserve shall be certified free from disease as evidenced by a statement to that effect executed in writing by a licensed veterinarian.
C. Licenses Provided - Each shooting preserve authorized under the above provisions shall execute a vendorship contract with the Department and shall maintain a supply of Game and Fish Licenses and Upland Game Permits on hand for issuance to its clients.
D. Holding Facilities - All rearing pens, holding pens and other rearing or holding facilities shall be maintained in accordance with reasonable sanitation, humane treatment, proper care and maintenance of such animals based on the necessary biological requirements for each species and other requirements set forth in the Wildlife Conservation Code.
E. Habitat Requirements - No shooting preserve permit shall be issued except upon verification by the Director that the proposed area has suitable habitat to provide food, water, and cover for birds released for hunting purposes. The Department shall provide technical advice to the applicant developing proper habitat needs for the various species permitted under the shooting preserve license.
F. Species Permitted - Only those species of upland game birds specified on the shooting preserve permit may be held and/or released on such shooting preserve facility.
G. Reasonable Access and Inspection - The Director shall be allowed reasonable access to the premises of any authorized shooting preserve for thepurpose of inspecting rearing and holding facilities for upland game birds and to inspect licenses, hunter's bag limits, storage facilities and records pertaining to the operation of said shooting preserve.
H. Violation of Regulations - Violation of any of the aforesaid regulations shall be unlawful and result in forfeiture of the shooting preserve permit, criminal and civil liability, as provided in the Wildlife Conservation Code.