CHAPTER 18-19
NATIVE PLANT HARVEST
18-19-1 Purpose.
It is the obligation of the Prairie Band Potawatomi Nation as a sovereign nation to protect the rights of all its members. The Tribal Council has the responsibility through reasonable regulations and management activities to manage the natural resources of Reservation lands; and, through implementation of methods that ensure tribal natural resources are effectively managed to allow maximum usage while maintaining a level capable of regeneration.
(Amended by PBP TC No. 2018-286, October 10, 2018; amended by PBP TC No. 2020-123, April 8, 2020)
18-19-2 Definitions.
Native Plant. A native plant includes the following but is not limited to the following plants: wild mushrooms, milkweeds, wild onions, wildflowers, wild potatoes, wild tea, medicinal herbs, medicinal plants, wild gooseberries, wild plums, wild strawberries, mulberries, wild raspberries, paw paws, walnuts, acorns, hickory nuts, sage, cedar, dandelions.
(Amended by PBP TC No. 2018-286, October 10, 2018; amended by PBP TC No. 2020-123, April 8, 2020)
18-19-3 Native Plant Harvest Season, Tribal Members.
Tribal members shall be able to harvest native plants at any time throughout the year.
(Amended by PBP TC No. 2018-286, October 10, 2018; amended by PBP TC No. 2020-123, April 8, 2020)
18-19-4 Open and Closed Seasons, Non-Members, Non-Indians.
(Enacted by PBP TC No. 2018-286, October 10, 2018; repealed by PBP TC No. 2020-123, April 8, 2020)
18-19-5 General Provisions.
Non-members and non-Indians must have a license or permit as described in this title to remove or harvest any native plants on the Reservation.
(Amended by PBP TC No. 2018-286, October 10, 2018; amended by PBP TC No. 2020-123, April 8, 2020)
18-19-6 Penalties and Sanctions.
(A) Civil Penalties.
(1) Any person who engages in conduct prohibited under this section 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 section 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 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.
(4) For any violation, a revocation or suspension of any Reservation hunting, fishing, trapping or native plant harvest privileges within the discretion of the court may be imposed.
(B) Criminal Penalties.
(1) Any person who engages in conduct prohibited under this section 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 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.
(3) Upon conviction of any person for a violation of this section when such person has been convicted of a previous violation of this chapter within a period of one (1) year, the court may enhance any civil remedial forfeiture or other penalty as the court deems appropriate.
(Enacted by PBP TC No. 98-99, December 15, 1998; amended by PBP TC No. 2012-223, October 5, 2012; amended by PBP TC No. 2012-225, October 16, 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)