CHAPTER 18-11
MIGRATORY BIRDS

18-11-1 General Provisions.

(A)    No person shall take or injure any migratory bird or harass any migratory bird upon its nest or remove any egg or young except as may occur in normal agricultural, horticultural, or wildlife research practices and as may be authorized by the Tribal Police Fish and Wildlife Officer and Federal regulations.

(B)    Nothing in this title shall be construed to prohibit the taking of such migratory birds for scientific purposes with the authorization of the Tribal Police Fish and Wildlife Office and in accordance with Federal regulations.

(C)    A closed season is hereby established for the hunting of migratory birds except for open seasons specified by proclamations.

(D)    Except as otherwise expressly provided by this title, no person shall hunt migratory birds on the Reservation during a closed season.

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

18-11-2 Open and Closed Seasons.

(Amended by PBP TC No. 2017-335, October 26, 2017; repealed by PBP TC No. 2020-123, April 8, 2020)

18-11-3 Firearms Restrictions.

(A)    No person shall hunt migratory birds with:

(1)    A shotgun larger than ten (10) gauge.

(2)    A shotgun capable of holding more than two (2) shells in the magazine.

(3)    A shotgun using a plug of two (2) or more pieces.

(4)    A rifle of any type.

(5)    A shotgun with a barrel length less than eighteen (18) inches.

(6)    A handgun of any type.

(7)    Shot other than steel shot.

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

18-11-4 Permits and Tags.

(A)    A tribal member shall not be required to acquire or possess a tribal license to pursue or take any migratory birds but shall be required to acquire or possess a migratory bird stamp or other permit as may be required pursuant to the Migratory Bird Treaty Act.

(B)    A non-member or non-Indian shall be required to acquire or possess a valid tribal license, permit, or tag and a migratory bird stamp or other permit as may be required by the Migratory Bird Treaty Act.

(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020. Formerly 18-11-6)

18-11-5 Hunting Seasons, Bag Limits and Shooting Hours.

(A)    The establishment of migratory bird hunting seasons and bag limits shall be set in compliance with the Migratory Bird Treaty Act. In addition to any regulations provided for in this subsection, rules and regulations as provided for in 50 C.F.R. Part 20, Migratory Bird Hunting, will be enforced.

(B)    The Tribal Police Fish and Wildlife Officer and Tribal Council are responsible for establishing migratory bird seasons in compliance with the Migratory Bird Treaty Act.

(1)    Recommendations for the hunting of migratory birds: the Tribal Council or designated representatives are responsible by law to submit a proposal to the U.S. Fish and Wildlife Service, Migratory Bird Management Office, Washington, D.C., to request the variance or special migratory bird hunting season. This proposal should include, but not limit to, the following:

(a)    The requested hunting season dates and other details regarding regulations to be observed.

(b)    Harvest anticipated under the requested regulations.

(c)    Methods that will be employed to measure or monitor harvest.

(d)    Steps that will be taken to limit level of harvest.

(e)    Tribal capabilities to establish and enforce migratory bird hunting regulations.

(2)    Upon completion of a special migratory bird hunting season, the Nation or its designated representative is required by law to submit a final report to the Migratory Bird Management Office, Washington, D.C., describing the number of migratory birds harvested per species and any problems incurred through the special season.

(3)    If the Nation does not set a migratory bird hunting season different from the State or Central Flyway Council, then no proposal is required.

(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020. Formerly 18-11-7)

18-11-6 Raptors, Bald and Golden Eagle, Other Protected Species.

(A)    It shall be unlawful for any person to take, attempt to take, kill, hunt, sell, purchase, possess, pursue, shoot at, disturb, or destroy any raptor, golden or bald eagle, owl, falcon or other species of protected migratory birds or its nest or eggs thereof on the Reservation.

(B)    Any enrolled member of the Prairie Band Potawatomi Nation requesting or desiring any eagle, raptors or protected migratory bird, or parts thereof, for ceremonial or religious purposes must make or properly complete an application for submission to the U.S. Fish and Wildlife Service, Law Enforcement Division.

(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020. Formerly 18-11-8)

18-11-7 Transportation.

(A)    No person shall transport any migratory bird without leaving a fully feathered wing or head on each carcass.

(B)    No person shall transport any migratory bird of another without that person present, or without permission from the person providing the migratory bird for transport, or without birds being properly tagged if required.

(C)    This section shall not apply to any authorized enforcement persons in the course of their duties transporting any seized migratory bird(s).

(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020. Formerly 18-11-9)

18-11-8 Live Birds.

It shall be unlawful to possess a live migratory bird or birds at any time. Persons who raise captive birds may maintain these birds by permit issued through a hatchery, game farm, or Federal or other official agency.

(Amended by PBP TC No. 2017-335, October 26, 2017; amended by PBP TC No. 2020-123, April 8, 2020. Formerly 18-11-10)

18-11-9 Migratory Bird Interference.

(A)    No person shall willfully obstruct or impede the participation of any individual in the lawful activity of taking or attempting to take migratory birds, or engage in an activity specifically intended to harass or prevent the lawful taking of migratory 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)