CHAPTER 18-4
ADMINISTRATION AND SUPERVISION

18-4-1 Tribal Police Fish and Wildlife Division.

The Prairie Band Potawatomi Tribal Police Department shall have a Fish and Wildlife Division, which shall have the power and be charged with the duty to protect, conserve, enhance, manage all fish and wildlife species within the Prairie Band Potawatomi Reservation. The Tribal Police shall enforce the provisions of this title and carry out the policies of the Tribal Council in all matters relating to fish and wildlife activities.

(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020)

18-4-2 Environmental Protection Department Participation.

The Prairie Band Potawatomi Nation Planning and Environmental Protection Department may participate in the identification of species and setting daily and size limits. It may offer advice as experts, consult with other agencies and participate as may be appropriate in the administration of this title. The Environmental Protection Department may utilize the Wildlife Management Plan, developed in cooperation with Emporia State University and the Kansas Biological Survey, and the results of other or additional research or studies as guidelines for appropriate, judicious and prudent fish and game management and enforcement and as baseline information for establishing, modifying or otherwise governing the taking of fish or game on the Reservation.

(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020)

18-4-3 Prairie Band Potawatomi Tribal Police, Fish and Wildlife Division.

(A)    The Tribal Police Fish and Wildlife Division (“Division”) personnel shall have knowledge of and experience in fish and wildlife resources, protection, conservation, restoration and management. The Division personnel shall devote their entire working time to the service of the Prairie Band Potawatomi Nation in the discharge of their official duties.

(B)    The Tribal Police Fish and Wildlife Officer shall have executive authority and control of the Division and its employees. The Police Fish and Wildlife Officer shall have full control of and be responsible for all property of the Nation acquired and held for the purposes contemplated by this title. He/she shall appoint such full-time or temporary officers, wardens or other essential assistants and employees.

(C)    The Tribal Police Fish and Wildlife Officer is authorized and directed to:

(1)    Report and be responsible to the Chief of Police.

(2)    Plan, propose for enactment, and enforce tribal regulations relating to the setting of annual seasons and limits for harvesting of fish and wildlife resources.

(3)    Design and implement a plan for the issuance and cost of licenses, permits, tags and for the collection of fees and provide same to Tribal Council no later than August 31st of each year for approval.

(4)    Formulate and publish the respective proclamations annually according to information gathered from census and studies.

(5)    Maintain records of all licenses and permits issued for the purpose of hunting, fishing, trapping, plant harvesting and woodcutting.

(6)    Cooperate with and assist the Tribal Council, committees, community leaders, Federal, State, County agencies, and individuals.

(7)    Enforce all tribal regulations and proclamations necessary for implementing and administrating the provisions of this title.

(8)    Supervise all Division personnel and delegate authority as necessary.

(9)    Establish regulations and applications for special permits for the taking of fish and wildlife for disabled persons, subsistence and ceremonial purposes on a need only basis in accordance with Federal law.

(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020)

18-4-4 Collection of Permit Fees, Forfeitures, and Fines.

Monies collected from the sale of license, permits and tags shall be deposited in the general tribal treasury. Monies collected from fines, penalties, forfeitures and/or civil recoveries through a State court or tribal court or commission empowered to hear cases pursuant to this title shall be deposited in the same manner. Upon Federal prosecution, the Tribal Police Fish and Wildlife Officer shall make formal request to the U.S. Attorney for civil restitution from persons violating any provision of this title. Monies collected from the Federal courts or respective clerk of courts shall be deposited in the same manner.

(Amended by PBP TC No. 2013-063, April 17, 2013; amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020)

18-4-5 Cooperative and Reciprocal Agreements.

The Tribal Police Fish and Wildlife Officer is authorized, subject to the approval of the Tribal Council, to enter into reciprocal and cooperative agreements with the State of Kansas or any Federal, County, local governmental agency for the purpose of promoting and implementing and wildlife management programs and activities.

(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020)