Chapter 18-7 GENERAL RULES AND REGULATIONS

CHAPTER 18-7
GENERAL RULES AND REGULATIONS

18-7-1 Permits and Identification.

(A) Seasons. Tribal members shall be authorized to hunt, fish, trap or harvest at any time throughout the year. There shall be no seasonal limitations for tribal members unless pronounced by proclamation through the authority of the Tribal Police Fish and Wildlife Division, subject to the approval of the Tribal Council.

(B) Licensing, Permits and Identification. All persons, except tribal members, shall be required to possess a valid tribal license or permit for all activities under this title, tribal members may be required to possess a tag or license for certain activities as provided in this title.

(C) Tribal Member Transport Permits. Tribal members shall be required to carry a transport permit when transporting off the reservation any wildlife or fish caught, hunted or otherwise taken on the reservation.

(D) The Tribal Police Fish and Wildlife Division is authorized to issue licenses, permits or tags as required by this title. Except as otherwise required by this title, the form of such permits or licenses shall be left to the discretion of the Tribal Police Fish and Wildlife Division and shall include: applicant’s weight, height, color of eyes, color of hair, applicant’s address (including street and/or box number), phone number, date of birth, date of issuance, date of expiration.

(E) Persons who hunt, fish, harvest or trap on their own land shall be exempt from tribal licensing or permitting requirements but shall otherwise be subject to the provisions of this title.

(F) No person shall refuse to display his/her identification documents or any other documents or permit required by this title to any tribal, Federal, State, or local law enforcement officer upon request by such officer.

(G) No person to whom any license or permit has been issued under this title shall, when requested by the Tribal Police Fish and Wildlife Division, fail or refuse to provide harvest reports and data and such other relevant information as may be requested.

(Amended by PBP TC No. 2012-223, October 5, 2012; amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020)

18-7-2 Wanton Waste of Fish and Wildlife.

(A) No person who takes any fish and wildlife shall abandon intentionally, or needlessly allow to go to waste, any thereof. The failure of any person to properly dress and care for any fish or wildlife species taken or killed by that person and, if the carcass is reasonably accessible, the failure to take or transport the carcass to the residence of that person, or place for proper storage, and there properly care for the carcass within forty-eight (48) hours after taking or killing, is prima facie evidence of a violation.

(B) No person shall abandon edible portions of fish or wildlife at a meat processing plant. The leaving of edible portions of fish or wildlife at a processing plant for more than ninety (90) days shall be considered prima facie evidence of a violation. The owner(s) or operator(s) in charge of any meat processing plant shall report the violation to the Tribal Police Fish and Wildlife Officers, or to any local law enforcement agency for referral to the Tribal Police Fish and Wildlife Officer.

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

18-7-3 Reserved.

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

18-7-4 Use of Poisons and Explosives.

(A) No person shall take, capture, or kill, or attempt to take, capture or kill any fish or wildlife with the aid of dynamite or any explosive, poisonous, or stupefying substance or device.

(B) No person shall place in any waters explosives which might cause the destruction of any fish or wildlife except when authorized by the Tribal Police Fish and Wildlife Officer, or have in his/her possession or under his/her control upon any waters any explosive, poisonous or stupefying substance or device for the purpose of taking, catching, or killing any fish or wildlife.

(C) No person shall use, set, lay or prepare in any waters of the Reservation any lime, poison, fish berries, or any other substance deleterious to fish life; or use baits containing poison of any description in any area of the Reservation or other places where such baits might destroy or cause the destruction of fish or wildlife; and possession of any such poison, baits, or substances deleterious to fish or wildlife regulated by this title is prima facie evidence of a violation of this section.

(D) No member shall take, capture, or kill or attempt to take, capture, or kill any game- bird by setting or operating any trap or device designed, built or used to capture birds.

(E) Nothing in this title shall prohibit or permit the Tribal Police Fish and Wildlife Officers or its designated agents from using explosives or possessing explosives for the purpose of removing beaver dams, clearing a channel or breaking a log or ice jam for the creation of wetlands.

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

18-7-5 Throwing Refuse in Water; Abandoning Automobiles, Boats or Other Vehicles.

No person shall deposit, place or throw into any Reservation waters, or leave upon the ice or in such waters, any cans, bottles, debris, refuse or other solid waste material; and no person shall abandon any automobile, boat or other vehicles in such waters. Any automobile, boat or other vehicles not removed from such waters within thirty (30) days shall constitute abandonment.

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

18-7-6 Scientific Investigations.

(A) The Tribal Police Fish and Wildlife Division’s biological services personnel may conduct investigations of fish and wildlife in order to develop scientific information relating to populations, distribution, habitat needs, and other biological data in order to advise the Nation on conservation measures designed to ensure the continued ability of fish and wildlife to perpetuate themselves.

(B) The Tribal Police Fish and Wildlife Division may for scientific purposes engage in or authorize the harvest of protected species by the use of methods, at times or at locations not authorized by this title on such terms and conditions as it deems appropriate, as long as those methods are reasonable and acceptable to the scientific community.

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

18-7-7 Seasons.

No person except a tribal member shall engage in the Reservation harvest privileges regulated by this title, except during the respective seasons established pursuant to this title.

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

18-7-8 Unlawful Possession of Fish and Wildlife.

No person shall have in his/her possession or under his/her control at any time any fish, wildlife or carcass and/or part thereof, knowing that the same has been taken unlawfully or during a closed season for such species.

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

18-7-9 Bag Limits; Possession Limits.

No person shall have in his/her possession or under his/her control any fish or wildlife in excess of the bag or possession limits or above or below the size limits for any fish or wildlife as established by this title.

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

18-7-10 Shining Animals.

It shall be unlawful for any person to shine a spotlight, headlight or any other artificial light for the purpose of locating, hunting, pursuing, taking or attempting to take or kill any wildlife, except that this section shall not apply to any person who possesses an artificial light or uses an artificial light to track or hunt furbearers or other unprotected species.

(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020. Formerly 18-7-12)

18-7-11 Duties on Accidental Shooting.

Any person who, while hunting any fish or wildlife, discharges a firearm or arrow and thereby injures or kills another person, shall forthwith give his or her name and address to such person if injured and render assistance as may be necessary and obtain immediate medical and hospital care, and shall immediately report such injury or death to the proper law enforcement authorities.

(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020. Formerly 18-7-13)

18-7-12 Failure to Report Hunting Accidents.

Any person who has been injured in an accident in which another person has been injured by gunfire or by an arrow while hunting, fishing, or trapping or has inflicted an injury upon himself or herself with a firearm or arrow while hunting, fishing or trapping, shall render or cause to be rendered a report to the Tribal Police Fish and Wildlife Officer. Failure to report such an accident shall constitute a violation of this section.

(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020. Formerly 18-7-14)

18-7-13 Hunter Education Requirement.

Any person under eighteen (18) years of age must have completed a certified Reservation, State or Canadian Hunter Safety Course and show proof of successful completion to the Tribal Police Fish and Wildlife Division and shall carry on their person proof of successful completion of a certified Reservation, State or Canadian Hunter Safety Course during the activity of hunting or trapping.

(Amended by PBP TC No. 2012-225, October 16, 2012; amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020. Formerly 18-7-15)

18-7-14 Age Restrictions.

No person under the age of sixteen (16) years of age may hunt or trap while possessing a firearm or bow and arrow unless he or she is accompanied by a parent, guardian or other adult designated by a parent or guardian, who, if subject to be licensed or permitted, possesses such appropriate license or permit.

(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020. Formerly 18-7-16)

18-7-15 Parental Obligation.

No parent, guardian or other person shall authorize or knowingly permit or encourage a child to violate any provisions of this title.

(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020. Formerly 18-7-17)

18-7-16 Assault, Resisting a Tribal Police Fish and Wildlife Officer.

No person shall assault or otherwise resist or obstruct any law enforcement officer authorized to enforce the provisions of this title in the performance of duty.

(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020. Formerly 18-7-19)

18-7-17 False Impersonation of an Enforcement Officer.

No person shall falsely represent himself/herself to be a law enforcement officer authorized to enforce the provisions of this title, or shall assume to act as such an officer, without having been first duly appointed.

(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020. Formerly 18-7-20)

18-7-18 General Restrictions on Hunting and Trapping.

(A) Hunting in Restricted Areas. No person shall:

(1) Hunt within one thousand (1,000) feet of any hospital, school and/or grounds, or any public establishment and/or grounds.

(2) While on lands of another, discharge a firearm within four hundred forty (440) feet of any building devoted to human occupancy situated on lands and attached to the lands of another without the permission of the owner or occupant of the building.

(3) Hunt or pursue any wildlife, or enter for the purpose of hunting or pursuing any wildlife on any legally posted lands without the permission of the owner or occupant.

(4) Trap or pursue furbearers on legally posted land without permission from the owner or occupant.

(5) In any manner deface, destroy, or remove any signs posted in a legal manner.

(B) Transportation of Firearms and Bow and Arrow. Loaded firearms may only be transported for the purpose of hunting, target shooting or other lawful purpose.

(1) No person shall load or discharge a firearm or bow of any type across a maintained field except for the purpose of hunting, target practicing or for other lawful purpose.

(2) No person shall load or discharge a firearm or bow of any type in or from a motor vehicle except for the purpose of hunting, target practicing or for other lawful purpose.

(D) Restrictions on Use of Bait. No trapper or person shall set any trap within thirty (30) feet of any exposed bait visible to airborne raptors. Exposed bait means meat or viscera of any animal, bird or fish with or without skin, hide or feathers.

(E) Exceptions. These subsections shall not apply to any law enforcement officer or other person authorized to enforce this title, who in the line of duty places, possesses, transports, loads or discharges a firearm in, on or from a motor vehicle or motorboat or discharges a firearm from or across a maintained roadway or within fifty (50) feet of the center of a maintained roadway, or leaves an established roadway in a motorized vehicle while conducting an active investigation, surveys, or wildlife and fisheries counts.

(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020. Formerly 18-7-21)

18-7-19 Tampering with Equipment of Another.

No person shall molest, disturb, tamper with or in any way interfere with any hunting, fishing, trapping, wood cutting or other equipment used, set or placed by another except with the owner’s permission.

(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020. Formerly 18-7-24)

18-7-20 Endangered and Threatened Species Protected.

Except as otherwise permitted by law, no person shall take, transport, possess, or sell any endangered and threatened species as defined in this title.

(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020. Formerly 18-7-25)

18-7-21 Wildlife Refuge Established.

(A) No person shall enter any designated tribal, Federal, or State refuge for the purpose of taking, pursuing, harassing, killing or disturbing any wildlife or fish.

(B) This section shall not apply to any person authorized to perform directed management and enforcement duties as permissible by the Prairie Band Potawatomi Nation.

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

18-7-22 Unprotected Species.

Except as otherwise expressly provided, nothing in this title shall be construed to prohibit or regulate the harvest of any unprotected species as defined in this title.

(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020. Formerly 18-7-27)

18-7-23 Protected Species.

No person shall hunt, fish, trap, take, pursue, harass, disturb, sell, purchase, or barter any protected species as defined in this title, except those species whose harvest is specifically regulated pursuant to the provisions of this title.

(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020. Formerly 18-7-28)

18-7-24 Tribal Member Sponsorship; Immediate Family Member; Tribal License.

(A) All persons except tribal members and immediate family members must be sponsored to participate in any activity regulated under this title.

(B) A tribal member may sponsor a person to participate in an activity under this title.

(D) A tribal member may only sponsor a person eighteen (18) years or older.

(E) A tribal member who sponsors a person must be with the sponsored person.

(F) If a tribal member sponsor is not present with the sponsored person when the sponsored person is engaging in an activity under this title, another adult tribal member must be present in the place of the sponsoring tribal member.

(G) A sponsored person must possess a valid tribal license issued by the Tribal Police Division of Fish and Wildlife. The tribal license shall include the sponsored person’s name, address, date of birth, physical description, consent to Prairie Band Potawatomi Nation jurisdiction, and other such information as the Division may require.

(H) A sponsored person must carry a valid tribal license while engaging in an activity under this title.

(I) A sponsored person may engage in an activity under this title at any time during the year unless a season is closed as proclaimed by the Tribal Council or the Tribal Police Fish and Wildlife Division.

(Amended by PBP TC No. 2012-223, October 5, 2012; 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. 2018-286, October 10, 2018; Amended by PBP TC No. 2020-123, April 8, 2020; amended by PBP TC No. 2021-392, November 4, 2021. Formerly 18-7-29)

18-7-25 Obtaining Permission.

No person shall hunt on tribal lands, trust lands or private land without first obtaining permission of the Nation or individual landowner.

(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020. Formerly 18-7-32)