CHAPTER 18-10
FURBEARERS
18-10-1 Tribal Member Hunting Season; No License Required.
(A) Tribal members shall be able to hunt furbearers at any time throughout the year.
(B) A tribal member shall not be required to acquire or possess a license to hunt furbearers.
(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020)
18-10-2 General Provisions.
(A) No person shall take, attempt to take, pursue, harass or injure any furbearer in its den, or remove any young except as may occur during normal agricultural, horticultural or wildlife research practices and as may be authorized by the Tribal Police Fish and Wildlife Officer.
(B) Nothing in this title shall be construed to prohibit the taking of such furbearers for scientific purposes or depredation control as may be authorized b 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. Formerly 18-10-1)
18-10-3 Open and Closed Seasons.
(Amended by PBP TC No. 2017-335, October 26, 2017; repealed by PBP TC No. 2020-123, April 8, 2020. Formerly 18-10-2)
18-10-4. Permits and Tags.
(A) Except as otherwise provided herein, no person, except a tribal member, shall take, hunt or trap furbearers on the Reservation pursuant to this section without possessing a valid furbearers license or required permit approved by the Tribal Police Fish and Wildlife Division.
(B) The Tribal Police Fish and Wildlife Division shall not issue more than one (1) license to one (1) person at one (1) time except as authorized by 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. Formerly 18-10-3)
18-10-5 Furbearer Season.
(Amended by PBP TC No. 2017-335, October 26, 2017; repealed by PBP TC No. 2020-123, April 8, 2020. Formerly 18-10-4)
18-10-6 Methods of Taking Furbearers.
(A) No person shall:
(1) Trap with any leghold trap larger than a Number Four (4) and/or any trap containing a tooth-style jaw.
(2) Trap within thirty (30) feet of any exposed bait visible to airborne raptors.
(3) Trap with the aid of poison or poison bait.
(4) Trap with traps or snares unless there is attached to the traps or snares a metal tag displaying the trapper’s full name, address and phone number.
(5) Take with a bow with a pull strength less than thirty (30) pounds.
(6) Take with arrows less than twenty-four (24) inches in length.
(7) Take with explosive points.
(8) Take with arrows with a point other than a broadhead having no less than two (2) sharpened edges.
(9) Take any wildlife, other than specified furbearers, by trap.
(10) Destroy any den, lodge or hut.
(11) Take with poisons or explosives of any type or in any manner not authorized by 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)
18-10-7 Use of Traps.
Any person trapping must attend their traps at least every forty-eight (48) hours and remove any trapped furbearer.
(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020)
18-10-8 Trapping Areas Prohibited.
(A) No person shall trap on private land without receiving verbal or written permission from the owner or tenant.
(B) No person shall trap on any tribal, Federal or other refuge without possessing the required permit, license and/or tags.
(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020)
18-10-9 Possession of Live Furbearers.
(A) No person shall remove any live furbearers from their den, lodge, hut or nest or trap and maintain them in captivity for the purpose of raising them for profit or offering them for sale.
(B) Any person who maintains live furbearers on any lands of the Prairie Band Potawatomi Nation must serve notice within thirty (30) days after receipt of the live furbearer(s) to the Tribal Police Fish and Wildlife Division and obtain a permit for those furbearers.
(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020)
18-10-10 Use of Dogs.
Dogs may be used in the pursuit of furbearers.
(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020. Formerly 18-10-11)
18-10-11 Harvest of Depredating Animals.
Any landowner or tenant may destroy any furbearer which has been identified as depredating any livestock, poultry or crops. He/she shall not commercialize in, sell, trade, or ship any pelt or parts thereof without possessing a valid tribal furbearers license or permit.
(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020. Formerly 18-10-12)
18-10-12 Buying or Shipping of Furs or Pelts.
No person shall engage in the business of buying or shipping of furs or pelts on the Reservation unless he/she possesses a valid tribal furbearers license or permit.
(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020. Formerly 18-10-13)
18-10-13 Records to Be Kept by Licensed Dealer.
(A) Any person licensed to engage in the business of buying or shipping furs or pelts shall keep a true and accurate record of each purchase and/or shipment of furs or pelts.
(B) The record shall include:
(1) The date of purchase.
(2) The date of shipment.
(3) The name and address of seller.
(4) The kind and number of furs involved.
(5) The amount of money paid for the furs.
(6) Any additional information requested.
(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020. Formerly 18-10-14)
18-10-14 Transportation of Furbearers.
No person, except tribal members, shall transport any furbearer in or on any motor vehicle without possessing a valid furbearers license or required permit and/or required tags.
(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020. Formerly 18-10-15)
18-10-15 Furbearer Interference.
(A) No person shall willfully obstruct or impede the participation of any individual in the lawful activity of taking or attempting to take furbearers, or engage in an activity specifically intended to harass or prevent the lawful taking of furbearers.
(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)
18-10-16 Bobcat, Swift Fox and Otter Tagging.
Each bobcat, otter, or swift fox pelt legally taken on the Reservation shall be submitted to the Tribal Fish and Wildlife Division and an export tag provided by the Tribal Fish and Wildlife Division affixed to the pelt. A pelt possessed on the Reservation does not need to be tagged.
(Amended by PBP TC No. 2018-286, October 10, 2018; amended by PBP TC No. 2020-123, April 8, 2020)