CHAPTER 18-9
UPLAND GAME AND UPLAND GAME BIRDS
18-9-1 Tribal Member Hunting Season.
(A) Tribal members shall be able to hunt upland game and upland game birds at any time throughout the year.
(B) A tribal member shall not be required to acquire or possess a license to hunt upland game and upland game birds.
(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020)
18-9-2 General Provisions.
(A) “Upland game bird” means grouse, prairie chicken, pheasant, partridge and quail.
(B) “Upland game” means wild turkey, tree squirrel, prairie dog, cottontail rabbit and jack rabbit.
(C) No person shall take, pursue, injure, or harass any upland game or upland game bird while on or in its nest or den, or remove any eggs or young except as may occur in normal agricultural, horticultural or wildlife research practices and as may be authorized by the Nation or Tribal Police Fish and Wildlife Officer.
(D) Nothing in this title shall be construed to prohibit the taking of such upland game or upland game bird for scientific purposes with the authorization of the Tribal Police Fish and Wildlife Division.
(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020. Formerly 18-9-1)
18-9-3 Upland Game and Upland Game Bird Hunting Permits and Tags.
No person shall hunt upland game or upland game birds on any land of the Reservation pursuant to this section without possessing the applicable valid upland game and/or bird license or tag issued by the Tribal Police Fish and Wildlife Division.
(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020. Formerly 18-9-2)
18-9-4 Accompaniment of Upland Game or Upland Game Bird.
It shall be unlawful for any person who hunts upland game and/or bird to transport any upland game or upland game bird without being present with the carcass until such time as the carcass is processed. Nor shall any person knowingly accept for transport another’s upland game or upland game bird without the valid license holder present or written permission from the person providing the game.
(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020. Formerly 18-9-3)
18-9-5 Permissible Methods.
(A) No person shall hunt upland game except by use of firearms or bow and arrow.
(B) The hunting or taking of upland game birds is restricted to the use of a shotgun, bow and arrow or falconry, the use of which is not prohibited by this title. The hunting or taking of upland game is restricted to the use of a shotgun, rifle or bow and arrow. Additional firearm and bow and arrow restrictions are listed in Sections 18-9-6 and 18-9-7.
(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020. Formerly 18-9-4)
18-9-6 Firearm Restrictions.
(A) No person shall hunt upland game or upland game birds with:
(1) A shotgun larger than ten (10) gauge.
(2) A shotgun with a barrel length less than eighteen (18) inches.
(3) A handgun with a barrel length less than six (6) inches.
(4) A rifle with a barrel length less than sixteen (16) inches.
(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020. Formerly 18-9-5)
18-9-7 Bow and Arrow Restrictions.
(A) No person shall hunt upland game or upland game birds:
(1) With a bow having a pull or draw strength less than thirty (30) pounds.
(2) With poison or exploding points of any type.
(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020. Formerly 18-9-6)
18-9-8 Falconry.
Hunting upland game birds using birds of prey or raptors is permitted by persons possessing a Federal falconry permit and tribal upland game bird permit. All bag limits, seasons and legal hunting hours shall apply.
(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020. Formerly 18-9-7)
18-9-9 Transportation.
(A) All persons except tribal members, transporting any upland game or upland game bird in or on any motor vehicle shall possess the appropriate permit, required license and proper carcass tag.
(B) Tribal members are not required to place a carcass tag on their upland game or upland game bird unless a tribal member transports upland game or upland game birds off the Reservation.
(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020)
18-9-10 Hunting on Certain Lands Prohibited.
No person shall hunt on any designated tribal, Federal or other wildlife refuge unless permitted by law and possessing the appropriate license or required permit.
(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020)
18-9-11 Sale of Upland Game or Upland Game Birds.
No person shall sell, attempt to sell, or purchase any upland game or upland game birds.
(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020)
18-9-12 Use of Dogs.
It shall be lawful to use dogs for the purpose of pursuing upland game or upland game birds.
(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020)
18-9-13 Limits.
(Amended by PBP TC No. 2013-063, April 17, 2013; amended by PBP TC No. 2017-335, October 26, 2017; repealed by PBP TC No. 2020-123, April 8, 2020)
18-9-14 Upland Game Interference.
(A) No person shall willfully obstruct or impede the participation of any individual in the lawful activity of taking or attempting to take upland game and upland game birds, or engage in an activity specifically intended to harass or prevent the lawful taking of upland game and upland game birds.
(B) The provisions of this section shall not apply to the actions of law enforcement officers and personnel of the PBPN government in the performance of their official duties and shall not obstruct or impede the legal rights and normal activities of landowners or tenants including, but not limited to, farming, ranching and the right to limit trespass.
(Amended by PBP TC No. 2018-286, October 10, 2018; amended by PBP TC No. 2020-123, April 8, 2020)