CHAPTER 18-6
ENFORCEMENT

18-6-1 Enforcement by Tribal Police Fish and Wildlife Officers.

This title shall be enforced by Prairie Band Potawatomi Tribal Police Fish and Wildlife Officers and the Prairie Band Potawatomi Tribal Police.

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

18-6-2 Search and Seizure, When Authorized.

Any person authorized to enforce the provisions of this title may conduct a search of a person, object or place and seize objects when the search is made:

(A)    With consent.

(B)    Pursuant to valid search warrant.

(C)    Within the authority and scope of a lawful inspection.

(D)    As otherwise authorized by law or provisions of this title.

(E)    Incident to arrest.

(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020. Formerly 18-6-3)

18-6-3 Investigation and Citations.

(A)    Any person authorized to enforce the provisions of this title may be subject to subsection (H) of this section, conduct routine inspections of vessels, boats, wagons, trailers, automobiles, vehicles, snowmobiles, containers, packages, tents and other receptacles contained therein, utilized by any person in a harvest activity authorized by this title and records of commercial transactions.

(B)    Any person authorized to enforce the provisions of this title may execute and serve warrants and other process issued by a State court or tribal court in accordance with applicable law.

(C)    Any person authorized to enforce the provisions of this title may stop and board any boat, or stop any vehicle if the officer has probable cause that there is a violation of any provision of this title.

(D)    Any person authorized to enforce the provisions of this title may with or without a warrant, open, enter and examine vessels, boats, wagons, trailers, automobiles, vehicles, snowmobiles, packages and other receptacles contained therein, in which the officer has probable cause to believe that contraband fish, wildlife, or carcasses, or parts thereof, may be contained.

(E)    Any person authorized to enforce the provisions of this title may issue a citation on a form approved by the Nation, a State court, U.S. Attorney and Division Director to any person upon finding probable cause that such person(s) has violated any provision of this title.

(F)    Any person authorized to enforce the provisions of this title may seize and hold subject to the order of a State court or tribal court or Federal court any alleged contraband or property which such officer reasonably believes may be needed as evidence in connection with the instigation of proceedings in a State court or tribal court or Federal court or any property otherwise authorized to be seized by any provision of this title.

(G)    Any enforcement officer(s), in the course of their duties, may enter upon private land within the Reservation; and remain thereon while performing such duties hereunder and such actions by the officer(s) shall not constitute trespass.

(H)    The inspections authorized by subsection (A) of this section shall be conducted in a manner and at such times and locations as are reasonable and appropriate in the ordinary course of routine enforcement activities.

(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020. Formerly 18-6-4)

18-6-4 Registration Information.

Any officer(s) are hereby empowered to request and receive from tribal tag and permit issuance stations, and harvest registration stations, information regarding tag and permit issuance and harvest registration.

(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020. Formerly 18-6-5)

18-6-5 Penalties and Sanctions.

(A)    Civil Penalties.

(1)    Any person who engages in conduct prohibited by any provision of this title and in the exercise of due care should know that the fish or wildlife were taken, possessed, transported, sold in violation of or in a manner unlawful under any provision of this title may be assessed a civil penalty by the appropriate court authority of not more than five thousand dollars ($5,000.00) for each violation.

(2)    No civil penalty may be assessed under this subsection unless the person accused of the violation is given notice and opportunity for a hearing with respect to the violation. Each violation shall be deemed a separate offense.

(3)    Civil jurisdiction over matters under this title shall generally be with the Tribal Court, which shall adjudicate in accordance with the court of competent jurisdiction all questions, complaints and alleged violations involving the provisions of this title.

(B)    Criminal Penalties.

(1)    Any person who knowingly violates any provision of this title and knowingly or in the exercise of due care knows that the fish or wildlife were taken, possessed, transported or sold in violation of or in any manner unlawful under any provision of this title may be assessed a criminal penalty by the appropriate court authority of not more than five thousand dollars ($5,000.00) or imprisoned not more than one (1) year or both.

(2)    For any violation, a revocation or suspension of tribal hunting, fishing, or trapping privileges for a period not to exceed one (1) year or for a period of time within the discretion of the court may be imposed.

(3)    For any violation, a civil remedial forfeiture of any property, including boats, motors, vehicles, hunting, fishing, trapping or other property, used in the commission of the violation of this title shall occur.

(4)    Upon conviction of any person for a violation of this title when such person has been convicted of a previous violation of this title within a period of one (1) year, the court may enhance any civil remedial forfeiture or other penalty as the court deems appropriate.

(C)    Civil Damages.

(1)    In addition to any other penalty allowed by this title, a tribal court or State court or Federal court may award to the Nation or, in addition to an action to impose penalties, the Nation may bring a civil action for recovery of damages against any person(s) unlawfully killing, wounding, catching, taking, trapping or having unlawfully in possession any of the following named fish or wildlife species, or any part thereof, and the sum assessed for damages for each fish or wildlife species shall not be less than the amount stated in this section.

(D)    Civil Recovery Value Reserved.

(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020. Formerly 18-6-6)

18-6-6 Forfeited Bond Schedule.

The Tribal Court may adopt a bond schedule for a schedule of forfeiture to be imposed by the court upon the receipt of an admission that a violation of this title has occurred, or a plea of no contest, which may be done either in person or in writing. This schedule shall not bind the court to forfeitures assessed by the court after adjudicating a violation where the defendant has entered a plea of not guilty.

(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020. Formerly 18-6-7)

18-6-7 Parties to a Violation.

(A)    Whoever participates in the commission of a violation of this title shall be deemed a principal and may be charged with the violation although he/she did not directly commit it and although the person who directly committed the violation has not been convicted of the violation.

(B)    A person participates in the commission of the violation if the person:

(1)    Directly commits the violation;

(2)    Aids or abets in the commission of; or

(3)    Is a party to a conspiracy with another to commit the violation, or advises, hires, or counsels, or otherwise procures another to commit the violation.

(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020. Formerly 18-6-8)

18-6-8 Harvesting After Revocation or Suspension.

No person whose tribal hunting, fishing, or trapping or wood cutting privileges have been revoked or suspended, shall hunt, fish, trap or cut wood on the Prairie Band Potawatomi Reservation, any fish or wildlife, the harvest of which is regulated by this title, during such revocation or suspension.

(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020. Formerly 18-6-9)