[HISTORY: Adopted by the Legislature of the
Menominee Indian Tribe 3-4-1999 by Ord. No. 99-01; amended in its entirety 10-1-2020 by Ord. No. 20-25. Subsequent amendments noted where applicable.]
The amendments requiring Legislative approval or denial of the
Conservation Commission's final actions supersede any provision in
this chapter which gave the Conservation Commission final decision
making power or authority.
This chapter shall be entitled the "Conservation Code."
The purpose of this chapter is to:
A.Â
Establish a Conservation Commission to create rules regarding hunting,
fishing, trapping and gathering;
B.Â
Establish penalties for the violation of such regulations as may
be adopted by the Conservation Commission from time to time or of
any section herein adopted; and
C.Â
Repeal all laws regarding hunting, fishing, trapping and gathering
on the Menominee Indian Reservation.
This chapter shall apply to all lands within the exterior boundaries
of the Menominee Indian Reservation, plus Naneweyah Ominihekan (Middle
Village), and any lands acquired by the Tribe and placed into trust
for the use and benefit of the Tribe. The Court shall have jurisdiction
over proceedings instituted pursuant to this chapter. This chapter
shall be binding upon all individuals who reside on, travel through,
or come upon the Menominee Indian Reservation and any lands held in
trust for the Tribe or later acquired and placed in trust for its
benefit. Any person who enters the Menominee Indian Reservation shall
be deemed to have given consent to the jurisdiction of the Tribe for
the purposes of enforcing this chapter.
For purposes of this chapter and the hunting and trapping, fishing, and gathering regulation booklets, or rules promulgated by the Conservation Commission pursuant to § 287-7 of this chapter, the following words and terms shall have the following meanings:
Any deer without antlers or with both antlers less than three
inches in length.
Any type of approval or authorization issued by the Department
or issuing agent for any license, permit, certificate, card, stamp
or tag unless the context requires a different meaning.
A shaft of at least 24 inches long containing three trimmed
or five untrimmed feathers, tipped with a point or device used to
strike, penetrate, or pierce.
Menominee tribal police, Menominee conservation wardens and
federal enforcement agents acting in their official capacity.
The maximum limit, in number amount, of a particular species
of fish and/or wildlife which may lawfully be taken during one day
or during the season, depending on the species.
Honey and any solid or nonliquid material attractive to game.
For the purpose of bear hunting, means to supply food or
other attractions to lure bears to a specific area.
Includes deer, bear, elk, moose and buffalo.
Includes large-mouth and small-mouth bass, walleye, trout,
northern pike, salmon, rock or lake sturgeon, and muskellunge.
Any hunting instrument designed for the purpose of propelling
arrows which is drawn and held by and through efforts of the person
releasing, but does not include a crossbow.
Any deer with an antler not less than three inches in length.
The dead body of fish or wildlife or parts thereof.
The time and or days during which fish or wildlife may not
be taken legally.
The engaging in buying, selling, bartering, or exchange,
for goods, services, or money, the natural resources of the Tribe
which results from hunting, fishing, trapping or gathering.
The Conservation Commission, a seven-member regulatory body
organized and empowered herein to issue such rules as are necessary
for the preservation and protection of the natural resources of the
Tribe.
One of the members of the Commission.
Any device using a bow which, once drawn, is held solely
by the means other than the effort of the person holding it.
The Licensing and Permits Department.
A dog specifically bred to hunt, scent, point, flush, or
retrieve game animals.
Any species whose continued existence as a viable component
of the Tribe's wild animals or wild plants is determined by the Commission
to be in jeopardy on the basis of scientific evidence.
A device that bursts with sudden violence from internal energy.
Any weapon (including a starter gun) which will or is designed
to or may readily be converted to expel a projectile by the action
of an explosive; the frame or receiver or any such weapon, including
antique firearms; any firearm muffler or firearm silencer; or any
destructive device.
Includes game fish, rough fish and minnows.
Includes taking, capturing, killing, or fishing for fish
of any variety in any manner. When the word "fish" is used as a verb,
it shall have the same meaning as the word "fishing" as defined herein.
A fishing sinker is a weight used in conjunction with a fishing
lure or hook to increase its rate of sink, anchoring ability, and/or
casting distance.
A battery-operated light designed to be carried and held
by hand.
Beaver, mink, muskrat, other, skunk, raccoon, fox, weasel,
opossum, badger, coyote, bobcat, lynx, cougar, and fisher.
Includes all varieties of wild mammals or birds.
Includes deer, moose, elk, bear, rabbits, squirrels, fox
and raccoon.
Includes the following aquatic birds: wild geese, brant,
wild ducks, wild swan, rails, coots, gallinules, jacksnipe, woodcock,
plovers and sandpipers; the following upland birds: ruffed grouse
(partridge), pinnated grouse (prairie chicken), sharp-tailed grouse,
pheasants, Hungarian partridge, Chukar partridge, bobwhite, quail,
California quail and wild turkey.
Includes all varieties of fish except rough fish and minnows.
To take or acquire or attempt to take or acquire possession
of any wild plants or part thereof.
Any net set to capture fish by entanglement rather than entrapment.
To shoot at, disturb, worry, molest, rally, concentrate,
harry, chase, drive, herd, or torment.
Includes shooting, shooting at, pursuing, taking, catching,
or killing any wild animal in any manner.
Any equipment, gear or device commonly used for or in connection
with hunting, and shall include any firearm of any type.
Taking, capturing or killing fish or fishing for any variety
of fish at any time through a hole in the ice.
Any device designed or specially adapted to cause physical
harm to persons or property by means of fire, and consisting of an
incendiary substance or agency and a means to ignite it.
The governing body which is established under, and the members
of which are elected pursuant to, Article IV of the Constitution and
Bylaws of the Tribe.
An identification card and license that is issued by the
Menominee Tribal License and Permits Department for the purpose of
allowing an individual to legally hunt, fish, gather, and trap on
the reservation.
Any person who is eligible for and obtains a license specified
in this chapter.
Includes flashlights, automobile lights and other lights.
Any bird which is migratory and on which an open season has
been prescribed by the Commission and belongs to one of the following
families:
Includes suckers, mud minnows, madtom, stonecat, killifish,
stickleback, trout-perch, darters, sculpin and all minnow family cyprinids
except goldfish and carp.
Any activity which results in physical damage or destruction
of an object and/or animal.[1]
Any centerfire, shotgun, muzzleloading, or rimfire ammunition
containing projectiles not classified by the federal government as
toxic or harmful to wildlife or the environment.
A natural person, corporation, limited-liability company,
cooperative, private or public utility, estate or trust, the United
States, a federal agency, the Tribe, or a tribal department or program.
The undomesticated species, and fruit or part thereof, of
the plant kingdom occurring in the natural ecosystem.
The amount of fish, wildlife, and plant that may be legally
possessed at any one time.
Any bullet, ball, sabot, slug, buckshot, shot, pellet or
other device that is expelled from a firearm through a barrel by force.
An individual biologically descended from an enrolled Tribal member possessing at least 1/8° Menominee Blood and who appears on the Menominee Indian Tribe's descendent register per Chapter 46.
Includes, but not be limited to, picnicking, camping, boating,
hunting, fishing, hiking, skiing, swimming, and other related activities.
The Menominee Indian Reservation; the entire area within
the exterior boundaries established by the Treaty of Wolf River, May
12, 1854, 10 Stat. 1064, as modified by the Treaty of Keshena, February
11, 1856, 11 Stat. 679, plus the Wolf River Ranch and any other lands
which now or in the future may be held in trust for the use and benefit
of the Tribe by the United States.
Includes dace, suckers, carp, goldfish, redhorse, freshwater
drum, burbot, bowfin, garfish, buffalo fish, lamprey, alewife, gizzard
shad, smelt, goldeye, mooneye, carpsucker, quill back, and chub.
Any duly enacted rule of the Commission.
For the purpose of bear hunting, means a bear that is in
its second season after birth.
The casting of rays of a light on a field, forest or other
area for the purpose of illuminating, locating or attempting to illuminate
or locate wild animals.
Includes rabbits, squirrels, fox and raccoon.
Includes white bass, rock bass, bluegill, crappie, pumpkinseed,
yellow perch, bullheads, yellow bass, catfish, cisco and whitefish
and spoonbill catfish.
A steel cable device in the form of a noose with a stop,
lock and swivel which is set to capture an animal by the body, neck
or foot.
Taking or attempting to take a fish by means of a hand-held
spear or other similar device which is directed by the spearer to
impale the target fish. Spearing may include the use of an artificial
light.
Any male or female lawfully married to a Menominee tribal
member. Upon death of tribal member spouses, spousal privileges of
non-tribal member spouses shall cease.
The intentional release of a fish into the waters of the
Menominee Indian Reservation which was not caught in the waters in
which it was released.
An officially recognized and organized spring ceremony celebrating
the return of sturgeon to the Reservation, which has been historically
celebrated by Menominee tribal members. This ceremony may be conducted
annually. The date and manner of the ceremony shall be determined
only by a majority vote of the Menominee Tribal Legislature prior
to each proposed ceremony. The number of sturgeon recommended for
harvest shall be determined by the Menominee Tribal Conservation Committee.
No ceremony shall be conducted without final approval of the Menominee
Tribal Legislature.
An identification tag that is issued to a hunter, fisherman,
or trapper by the Menominee Conservation Department, which is authorized
for use on killed deer, bear, turkey, sturgeon, bobcat, fisher, or
otter. When used as a verb, "tag" means the act of attaching a tag
to a deer, bear, turkey, sturgeon, bobcat, fisher, or otter.
Any species of wild animals or wild plants which appears
likely, within the foreseeable future, on the basis of scientific
evidence, to become endangered.
Any bullet or projectile that is built with a pyrotechnic
charge in its base used to make the path of the projectile visible
to the naked eye.
Includes the taking of, or attempting to take, any wild animals
by means of setting or operating any device, mechanism or contraption
that is designed, built or made to close upon, hold fast, or otherwise
capture a wild animal or animals. When the word "trap" is used as
a verb, it shall have the same meaning as the word "trapping" as defined
herein.
Any equipment, gear or device commonly used for or in connection
with trapping.
When used with respect to the Tribe, means an individual
enrolled in the Tribe.
The Menominee Indian Tribe of Wisconsin, a federally recognized
Indian Tribe as provided by the Menominee Restoration Act, Act December
22, 1973, Pub. Law 93- 197, 87 Stat. 770, which appears generally
as 25 U.S.C. § 903 et seq.[2]
Any waters capable of sustaining significant populations
of naturally producing trout.
Any migratory game bird of the family Anatidae, including
wild ducks, geese and brant.
Any mammal, fish, wild bird, amphibian, reptile, mollusk,
crustacean, or arthropod, or any part, products, egg or offspring
thereof, or the dead body or parts thereof.
Any undomesticated species of the plant kingdom occurring
in a natural ecosystem.
[1]
Editor's Note: The definition of "non-lead ammunition," which
immediately followed this definition, was repealed 4-21-2022 by Ord. No. 22-04.
[2]
Editor's Note: P.L. 93-197, § 2, Dec. 22, 1973,
87 Stat. 770, providing definitions, was omitted pursuant to editorial
reclassification of provisions of Title 25, Chapters 14 and 19, United
States Code.
A.Â
Establishment and purpose of Commission. The Menominee Conservation
Commission is hereby established for the purpose of:
(1)Â
Issuing such rules as are necessary for the purpose of conserving
the fish, game, and plant supply and ensuring the members of the Tribe
continued opportunities for good fishing, hunting, trapping, and gathering;
(2)Â
Making recommendations to the Legislature for the creation and/or
revision to the laws of the Tribe concerning conservation; and
(3)Â
Such other purposes as may be authorized by a subsequent act of the
Legislature.
B.Â
Number and terms of appointment. The Commission shall consist of
seven members appointed by the Legislature. The Commission shall choose
among themselves, by lot, the length of each member's first term after
passage of this chapter. The first term of two members shall be for
one year. The first term of two other members shall be for two years.
The first term of the remaining members shall be for three years.
This shall accomplish the staggering of terms, and all further terms
shall be of three years in length.
C.Â
Qualifications of Commissioners. To be considered eligible for appointment
to the Commission, applicants must meet the following requirements:
D.Â
Compensation for Commissioners. Commissioners shall be compensated
at a rate of $50 per meeting, plus mileage. Commissioners shall be
reimbursed for actual expenses incurred on Commission business, including
necessary travel expenses.
E.Â
Selection of Chairperson. The Commission shall select annually from
its membership a chairperson. The Chairperson with the consensus of
the Commission shall call, convene and preside at all regular and
special meetings of the Commission. The Chairperson, with the consensus
of the Commission, shall deliver reports or cause such reports to
be delivered to the Legislature, and perform any other duties as may
be prescribed by this chapter or Commission bylaws.
F.Â
Other officers of the Commission. The Commission may elect among
themselves such other officers to perform such functions as may be
deemed necessary from time to time.
G.Â
Quorum. For the purpose of transacting official Commission business,
a quorum shall consist of four members of the Commission. In the event
of Commissioner vacancies, a majority of Commission members shall
constitute a quorum. If less than such quorum is present, a majority
of the Commissioners present may adjourn the meeting from time to
time without further notice.
H.Â
Regular meetings of the Commission. The Commission shall meet not
less than four times each year to make recommendations to the Legislature,
set policy and transact other business that may be properly brought
before it. Said meetings shall be held at specified times pursuant
to resolution by the Commission.
I.Â
Annual meeting. The Commission shall hold an annual meeting on the
second Monday in April of every year for the purposes of discussing
problems and issues concerning the Tribe's plant and animal life,
to hear the concerns and recommendations of tribal members and to
present any proposed rule changes.
J.Â
Emergency meetings. The MCC Chairperson, upon receiving prior approval of the Chairperson of the Tribe, may call for the holding of a special meeting of the Commission upon less than 72 hours' written notice if such meeting is necessary for the immediate preservation and protection of the natural resources of the Tribe. Every effort shall be made to give maximum practical notice to each Commissioner. Maximum practical notice of such meeting shall be given to tribal members, and such notice shall be posted as provided in Chapter 177, Posting Procedures, promptly after such meeting is called. No business other than that which is stated in the notice shall be transacted.
K.Â
Meetings open to tribal members. Meetings of the Commission shall
be open to tribal members only and shall be governed by such rules
of order as the Commission may adopt. However, non-tribal members
may be invited to attend a meeting when deemed appropriate.
L.Â
Removal of Commissioners. A Commissioner may be removed for the purpose
of changing the number of Commissioners pursuant to amendment of this
chapter by the Legislature. A Commissioner may also be removed from
and by the Menominee Tribal Legislature prior to the end of his or
her term, following a public hearing, for a violation of one or more
of the following:
(1)Â
Violation(s) or conviction of any federal, state or tribal criminal
laws, or of any conservation laws during his or her term on the Commission,
as specified in the Conservation Commission Bylaws.
(2)Â
For conduct that the Menominee Tribal Legislature deems to be unethical,
unprofessional or otherwise inappropriate.
(3)Â
Missing two or more consecutive meetings of the Commission without
obtaining the prior approval of the Chairperson of the Commission.
(a)Â
Said approval may be granted by the Chairperson of the Commission
for the following reasons:
(b)Â
If the Chairperson of the Commission does not grant approval
of a Commissioner's absence from a meeting based on the above criteria,
the decision of the Commission Chairperson must be sent to the full
Conservation Commission for concurrence.
M.Â
Vacancies. The Legislature may appoint a new Commissioner to fill
a vacancy on the Commission within 60 days of notice by the Commission
that a vacancy exists. Said appointment shall be for the remaining
term of the vacant position. In the event such vacancy or vacancies
create difficulty in achieving a quorum to take up necessary business,
a majority of Commissioners, even if less than a quorum, may fill
such a vacancy by appointing a temporary Commissioner, subject to
the same requirements as a Commissioner, to serve as Acting Commissioner
until the vacancy is filled by the Legislature.
N.Â
Conflicts of interest prohibited. In carrying out the duties of the
Commission, no Commissioner shall make or participate in making decisions
which involve balancing a substantial personal financial interest,
other than interests held in common by all tribal members.
O.Â
Establishment of bylaws. The Commission may adopt such bylaws as
it deems appropriate.
A.Â
General powers. The Commission shall be authorized to issue rules
to:
(1)Â
Establish and maintain open and closed seasons for the several species
of fish, game, and plants and any bag limits, size limits, rest days
and conditions governing the taking of fish, game and plants;
(2)Â
To establish an endangered and threatened species list;
(3)Â
To adjust license fees; and
(4)Â
Make recommendations to the Legislature.
B.Â
Special consideration. When adopting, amending or repealing a rule,
the Commission shall take into consideration the following:
C.Â
No final action shall be taken by the Conservation Commission on
any rules, regulations, seasons, or any other type of regulation without
submitting each proposed action for approval or denial by the Tribal
Legislature.
D.Â
Form of Commission rules. All Commission rules shall be made, in
writing, in whatever form and fashion as the Commission shall determine
which, as finally enacted, shall be authenticated by the signature
of the Chairperson of the Commission or other person authorized by
the Commission. A true copy of every such authenticated rule shall
be numbered and recorded in the official records of the Commission.
Attached to each rule, and made a part thereof, shall be a certification
by the Chairperson of the Commission, or other person authorized by
the Commission, that the same has been posted in accordance with this
chapter.
E.Â
Prior notice of actions. In adopting, amending, and repealing rules,
the Commission shall give prior notice of the proposed action by appropriate
posting throughout the reservation. Said notice shall inform such
persons as to the general nature of the proposed action and advise
them as to the manner in which comments on said proposed action shall
be received by the Commission. In the event of an emergency, the Commission
may summarily adopt, amend or repeal any rule if at the time the Commission
determines such action is necessary for the immediate preservation
and protection of the natural resources of the Tribe, together with
a statement of facts constituting the emergency; provided, however,
that the Commission shall schedule such emergency action for a regular
hearing within 60 days after any such emergency meeting.
F.Â
Legal effect of Commission rules. All rules of the Commission in
conformity with law are prima facie reasonable and lawful. However,
nothing in this section shall be construed to confer upon the Commission
the power to alter any provisions of this chapter unless otherwise
indicated.
G.Â
The Conservation Commission shall submit reports of its meetings
on a timely basis to the Tribal Legislature or its designee.
H.Â
Technical staff. The Legislature shall make available the services
of the tribal attorney, or such other attorney as the Legislature
may from time to time retain, for the purpose of advising and representing
the Commission. The Legislature shall also make available the professional
and technical services of any department or program of the Tribe for
the purpose of assisting the Commission in its lawful duties.
A.Â
License and identification required. With the exception of tribal
members, no person may hunt, fish, or gather food from plants without
having in his or her possession a valid license and identification
card. Although tribal members are not required to carry identification
on their person while hunting, fishing, trapping and gathering, possession
of identification is strongly encouraged. Non-tribal members do not
have the right to trap, or gather plants for nonfood purposes, within
the Reservation.
B.Â
Person entitled to apply for license. Qualified descendants and spouses
are entitled to apply for a license to hunt, fish and/or gather food
from plants on the Reservation, subject to the provisions contained
in this chapter and any rule promulgated by the Commission.
C.Â
Conditions and restrictions on licenses. A hunting, gathering or fishing license may be issued only to qualified descendants and spouses. A hunting, gathering or fishing license may be issued only to a person who presents to the Department or issuing agent definite proof of his or her identity and that he or she is entitled to said license. No more than one of the same series of license may be issued to the same person in any year. No person may transfer his or her license or permit the use of any license by any other person, and no person while hunting, gathering or fishing may use or carry any license issued to another person. No hunting, gathering or fishing license shall be issued to a person who is not entitled to said license pursuant to § 287-8I of this chapter. A person may designate a family member to pick his/her license up for them by filing their designation with the Licensing and Permit office.
D.Â
Application for license. The application for a license shall be on
the form and contain the information required by the Department, and
no license shall be issued until the applicant complies with these
requirements. The application form shall contain a statement which
informs the applicant that providing incorrect information on the
application in an attempt to falsely obtain a license may subject
the applicant to severe civil and/or criminal penalties. A license
under this chapter shall only confer the privileges for which it is
issued.
E.Â
Form of license. Any license issued pursuant to this section shall
bear the name, address, date of birth, color of hair and eyes, height,
weight, expiration date of the licensee and may contain a unique identifying
number issued by the Department. Additionally, each license shall
specify whether the license holder is authorized to hunt, fish, trap,
gather, or any combination thereof.
F.Â
Form of identification. All forms of identification issued by the
Department bearing the tribal members or license holder's name, enrollment
number, and picture shall be adequate for the purpose of identifying
said tribal member or license holder.
G.Â
Fee for license and identification. The Commission may establish,
by rule, a fee for all identification and licenses issued by the Department
which are designed for the purposes specified in this section. All
license fees shall be established by the Commission and approved by
motion of the Menominee Tribal Legislature.
H.Â
Licensing department. The Licensing and Permits Department shall
be responsible for issuing the license and identification specified
herein and for collecting any such licensing or identification fee
established by the Commission.
I.Â
Restrictions. No person shall be eligible to receive a license who
has voluntarily relinquished his or her enrollment with the Tribe
(whether or not he/she is a spouse of a Menominee Tribal member),
as determined by the Enrollment Department, or whose privileges under
this chapter are suspended or revoked at the time of application.
No license shall be issued to a person suspended or revoked by other
jurisdictions.
A.Â
Killing of a federal or tribally listed threatened or endangered
species. Any person who hunts, fishes, traps, or gathers the following
endangered or threatened species and/or causes the death of said endangered
or threatened species with intent to kill said endangered or threatened
species is guilty of a misdemeanor as provided for herein:
B.Â
Commercialization of game or fish. Any person who sells, buys, barters
or trades, or offers to sell, buy barter or trade or have in possession
or under control for the purpose of sale, barter or trade, any fish
or game, excluding hides and skeletal remains, shall be subject to
a Class C forfeiture. However, nothing in this subsection shall prevent
an individual from giving or donating the meat or fish or game to
any individual or nonprofit organization, so long as it is a gift
and done without exchange of money or other remuneration.
C.Â
Any person who uses explosives to harvest or kill, or attempt to
harvest or kill, any game or fish is guilty of a Class C misdemeanor.
D.Â
Noxious substances. Any person who uses baits containing poisons
of any description where it might destroy or cause the destruction
of game, and possesses any such poison or poison baits while hunting,
fishing or trapping, shall be guilty of a Class C misdemeanor.
E.Â
Shining deer or bear. Any person who uses or possesses with intent
to use a light for shining deer or bear while the person is hunting
deer or bear or in possession of a firearm, bow and arrow or crossbow
is guilty of a Class C forfeiture. This subsection shall not apply
to authorized enforcement personnel or tribal members to whom the
privilege of shining may be granted by rule of the Commission.
G.Â
Violation of Commission rules. Any person who violates the following
rules of the Commission shall be subject to the fine or penalty expressed
therein:
(1)Â
Any open and closed season established for:
(a)Â
Big game: a Class C forfeiture.
(b)Â
Small game: a Class E forfeiture.
(c)Â
Fur-bearing animals: a Class E forfeiture.
(d)Â
Game birds: a Class E forfeiture.
(e)Â
Big game fish: a Class D forfeiture.
(f)Â
Small game fish: a Class E forfeiture.
(g)Â
Plants: range from Class A to Class E forfeiture.
(h)Â
Ginseng: range from Class A to Class E forfeiture.
(2)Â
Any bag limits established for:
(a)Â
Big game: a Class C forfeiture.
(b)Â
Small game: a Class E forfeiture.
(c)Â
Fur-bearing animals: a Class E forfeiture.
(d)Â
Game birds: a Class E forfeiture.
(e)Â
Big game fish: a Class D forfeiture.
(f)Â
Small game fish: a Class E forfeiture.
(g)Â
Plants: range from Class A to Class E forfeiture.
(h)Â
Ginseng: range from Class A to Class E forfeiture.
(3)Â
Conditions governing:
(a)Â
Big game: a Class C forfeiture.
(b)Â
Small game: a Class E forfeiture.
(c)Â
Fur-bearing animals: a Class E forfeiture.
(d)Â
Game birds: a Class E forfeiture.
(e)Â
Big game fish: a Class D forfeiture.
(f)Â
Small game fish: a Class E forfeiture.
(g)Â
Plants: range from Class A to Class E forfeiture.
(h)Â
Ginseng: range from Class A to Class E forfeiture.
H.Â
Hunting, trapping, fishing or gathering without a license. Any person
who hunts, fishes, traps or gathers without a valid license or identification
shall be subject to a Class C forfeiture.
I.Â
Altering a license. Any person who changes or alters, in any manner,
or enters other than the correct date of issuance on any approval
shall be subject to a Class C forfeiture.
J.Â
Larceny of game. Any person who, without permission of the owner,
molests, disturbs or appropriates any wild animal or its carcass that
has been lawfully taken by another shall be subject to a Class B forfeiture
plus ordered to pay restitution to the owner.
K.Â
Wanton destruction of fish, game or wild plants. Any person who engages
in the wanton destruction of fish, game or wild plants shall be subject
to a Class B forfeiture.
L.Â
Incendiary shells. Any person who possesses or has in control, while
hunting, any shell, cartridge or ammunition known as "tracer shells,"
or incendiary shells or cartridges, shall be guilty of a Class D misdemeanor.
M.Â
Hunting bear accompanied by cubs. Any person who hunts a bear accompanied
by a cub or cubs shall be subject to a Class C forfeiture.
N.Â
Hunting using a fully automatic firearm. Any person who possesses
or has in control, while hunting, a fully automatic firearm shall
be guilty of a Class C misdemeanor.
O.Â
Incorrect information on application. Any person who provides incorrect
information and thereby obtains a license issued under this chapter
to which the person is not entitled shall be guilty of a Class D misdemeanor.
P.Â
Parties to a violation. Whoever is concerned in the commission of
a violation of this chapter or of any Commission rule adopted under
this chapter is a principal and may be charged with and convicted
of the violation although he or she did not directly commit it and
although the person who directly committed it has not been convicted
of the violation. A person is concerned in the commission of the violation
if the person:
Q.Â
Possession of live game and fur-bearing animals. Except as may be authorized under § 287-13 of this chapter, any person who possesses any live game animal or fur-bearing animals shall be guilty of a Class C forfeiture.
R.Â
Possession of game during closed season. Except as may be authorized under § 287-13 of this chapter, whoever shall have in his or her possession or under the person's control, or have in storage or retention for any person, any wild animal, or the carcass or part thereof, that was taken during the closed season for that wild animal shall be subject to a Class C forfeiture.
S.Â
Duty to aid victim. Any person who, while hunting any wild animal
or bird, discharges a firearm or arrow, and thereby injures or kills
another person, shall forthwith give his or her name and address to
the other person if the other person is injured and render such assistance
to that other person as may be necessary and obtain immediate medical
or hospital care, and shall immediately thereafter report such injury
or death to authorized enforcement personnel. Any person failing to
comply with this subsection shall be guilty of a Class A misdemeanor.
T.Â
Unauthorized stocking. No fish, fish eggs, or gametes shall be stocked
in waters of the Menominee Reservation unless authorized by the Conservation
Director. Any person who engages in unauthorized stocking shall be
guilty of a Class A forfeiture.
U.Â
Interference with trapping. Any person, without permission, interfering
or impeding with lawful trapping, disturbing or molesting lawfully
placed traps, or harassing wild animals, with the intent to prevent
the taking of a wild animal shall be guilty of a Class A forfeiture.
V.Â
Larceny of traps. Any person stealing, or taking traps, cable restraints,
snares, animals or the contents of any lawfully placed trap, cable
restraint or snare shall be subject to a Class C misdemeanor plus
ordered to pay restitution to the owner.
W.Â
Taking game in defense of life or property.
(1)Â
Nothing in this section prohibits a person from taking game in defense
of life or property if:
(a)Â
The necessity for the taking is not brought about by harassment
or provocation of the animal, or by an unreasonable invasion of the
animal's habitat;
(b)Â
The necessity for taking is not brought by the improper disposal
of garbage or similar attractive nuisance; and
(c)Â
All other practicable means to protect life or property are
exhausted before the game is taken.
(2)Â
Game taken in defense of life or property is the property of the
Tribe. A person taking such game shall immediately contact the Menominee
Dispatch and within 24 hours after the taking shall submit to the
department a completed questionnaire concerning the circumstances
of the taking.
(a)Â
Animals taken in defense of life or property should be left
where they were taken for investigative purposes until Menominee Conservation
or law enforcement arrive on scene.
(b)Â
If a Conservation Warden, or other designated law enforcement
officer, cannot respond before the waste of game for deer or bear,
a person taking such game shall salvage the meat and surrender the
meat to the Conservation Department, as soon as possible, or as otherwise
designated. All other animals shot in defense of life or property
shall not be moved.
(c)Â
Persons taking game in defense of life or property must exercise
reasonable care in assuring the meat is delivered in an edible condition.
(d)Â
In the case of a black bear, a surrendered bear must also have
the skull, the hide with attached claws, and gall bladder.
(4)Â
Violation of this section is a Class C Misdemeanor.
A.Â
Classification of misdemeanors. Misdemeanors in this chapter are
criminal acts which are classified as follows:
(1)Â
Class A misdemeanor. The penalty for a Class A misdemeanor is a fine
not less than $2,501 nor an amount to exceed $5,000 and/or imprisonment
not less than nine months nor to exceed one year.
(2)Â
Class B misdemeanor. The penalty for a Class B misdemeanor is a fine
not less than $1,000 nor an amount to exceed $2,500 and/or imprisonment
not less than six months nor to exceed nine months.
(3)Â
Class C misdemeanor. The penalty for a Class C misdemeanor is a fine
not less than $501 nor an amount to exceed $1,000 and/or imprisonment
not less than 30 days nor to exceed six months.
(4)Â
Class D misdemeanor. The penalty for a Class D misdemeanor is a fine
not less than $100 nor an amount to exceed $500 or imprisonment not
to exceed three months, or both.
(5)Â
Class E misdemeanor. The penalty for a Class E misdemeanor is a fine
not to exceed $100 and/or imprisonment not to exceed 10 days.
B.Â
Classification of forfeitures. Forfeitures in this chapter are civil
offenses which are classified as follows:
(1)Â
Class A forfeiture. The penalty for a Class A forfeiture is a forfeiture
not less than $2,500 nor to exceed $5,000.
(2)Â
Class B forfeiture. The penalty for a Class B forfeiture is a forfeiture
not less than $1,000 nor to exceed $2,500.
(3)Â
Class C forfeiture. The penalty for a Class C forfeiture is a forfeiture
not less than $500 nor to exceed $1,000.
(4)Â
Class D forfeiture. The penalty for a Class D forfeiture is a forfeiture
not less than $100 nor to exceed $500.
(5)Â
Class E forfeiture. The penalty for a Class E forfeiture is a forfeiture
not less than $10 nor to exceed $100.
C.Â
Penalty when none expressed. If any person commits any act which
is prohibited by this chapter or regulations for which no penalty
is expressed, the person shall be subject to a forfeiture not to exceed
$1,000.
D.Â
Effect on seizure of evidence. Nothing in this chapter shall affect
or limit the power of enforcing officers to execute search warrants
or seize and hold property which constitutes evidence in any violation
of this chapter. Such property shall not be forfeited, however, except
in compliance with this chapter.
A.Â
License suspension. Any person charged with or cited for violating
this chapter shall have all his or her licenses suspended until the
charge or citation is disposed of by the court or 180 days from the
date of the charge or citation, whichever occurs first.
B.Â
Revocation of license. In addition to any other penalty imposed for
the violation of this chapter or any other Commission rule, the court
shall revoke all licenses granted under this chapter for a period
of not less than one year and not to exceed three years.
C.Â
Community service. In addition to other penalties that may apply
to a crime under this chapter, the court may require that a convicted
defendant perform 100 hours of community service work for an individual,
a public agency or a nonprofit charitable organization. The court
may order community service work that is designed to show the defendant
the impact of his or her wrongdoing. If the court orders community
service work, the court shall ensure that the defendant receives a
written statement of the community service order and that the community
service order is monitored. Any order requiring a defendant to perform
community service shall specify the method of monitoring the defendant's
compliance with this subsection and the deadline for completing the
work that is ordered. Any individual, organization or agency acting
in good faith to whom or to which a defendant is assigned pursuant
to an order under this subsection has immunity from any civil liability
in excess of $25,000 for acts or omissions by or impacting on the
defendant.
D.Â
Increased penalty for repeat offenders.
(1)Â
Forfeiture repeat offenses for the same violation within a period of 12 months shall be subject to an increased penalty of the next class of forfeiture under § 287-10B.
(2)Â
When any person is convicted of a misdemeanor and it is alleged in
the indictment, information or complaint and proved or admitted on
trial or ascertained by the court after conviction that the person
was previously convicted three times within a period of three years
for a misdemeanor under this chapter, or of any penalty under another
chapter for a similar offense, he/she shall be subject to an increased
penalty not to exceed $5,000 and/or one year in jail, and shall have
his or her hunting, fishing and gathering license(s) suspended for
three years.
A.Â
Endangered and threatened species list. The Commission shall, by
rule, establish an endangered and threatened species list. The list
shall consist of the following three parts: wild animals and wild
plants on the U.S. list of endangered and threatened foreign species;
wild animals and wild plants on the U.S. list of endangered and threatened
native species; and a list of endangered and threatened Reservation-wide
species. Reservation-wide species shall be compiled by issuing a proposed
list of species approaching Reservation-wide extirpation. Reservation-wide
threatened species shall be compiled by issuing a proposed list of
species which appear likely, within the foreseeable future, to become
endangered. Issuance of the proposed lists shall be followed by solicitation
of comments and public hearing. Wild animals and wild plants shall
be deemed approaching Reservation-wide extirpation if the Commission
determines, based upon the best scientific and commercial data available
to it and after consultation with Conservation Wardens and other interested
persons and organizations, that the continued existence of such wild
animals and wild plants on the Reservation is in jeopardy.
B.Â
Review and report list. The Commission shall periodically review
and, following a public hearing, may revise its endangered and threatened
species list. A summary report of the scientific data used to support
all amendments to the Tribe's endangered and threatened species list
shall be maintained by the Commission.
C.Â
Petition for review. The Commission may, upon the petition of three
persons, review any listed or unlisted wild animal or wild plant,
if the persons' presentation warrants such review, after which the
Commission may by hearing and rule amend the Reservation-wide list.
A.Â
Investigations. The Departments of Conversation, Fish and Wildlife,
Environmental Services, and Natural Resources Program of the College
of the Menominee Nation may conduct investigations of fish, wildlife
and plants in order to obtain and develop scientific information relating
to populations, distribution, habitat needs and other biological data
in order to advise the Tribe and Commission and conservation measures
designed to ensure the continued ability of fish, wildlife or plants
to perpetuate themselves.
B.Â
Harvesting. The Department of Conservation, Fish and Wildlife, Environmental
Services, and Natural Resource Program of the College of the Menominee
Nation 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 chapter.
A.Â
Assistance of police officers. All tribal police officers shall assist
the Conservation Department and its wardens in the enforcement of
this chapter whenever notice of a violation thereof is given to either
of them by the Conservation Department or its wardens.
B.Â
Fish and gaming law violation hotline. All law enforcement agencies
responsible for enforcing the provisions of this chapter shall maintain
a telephone line during normal business hours to receive reports of
violations of this chapter. Said reports shall be relayed to the appropriate
warden or officer for investigation and enforcement action. Said enforcement
agency shall maintain records which permit the release of information
provided by informants while protecting the identity of the informant.
Any records maintained by the enforcement agency shall be only for
the confidential use of the agency in the administration of this section,
unless the informant expressly agrees to release the records. Appearance
in court as a witness shall not be considered consent by an informant
to release confidential records maintained by the agency.
B.Â
An enforcement officer may immediately seize all motor vehicles,
boats and motors with their trailers that are used to illegally take,
possess, or transport wild animals when the restitution value of the
wild animals exceeds $500.
C.Â
Procedure for confiscation of property seized under this subsection shall follow tribal law of civil remedial forfeiture of property under Chapter 132, except when property has been seized prior to the issuance of an order to seize, a hearing on the order to seize shall be held within 10 working days after the seizure. If a complaint is filed per Chapter 132 within the 10 working days described above, the hearing shall be held in accordance with § 132-28.
D.Â
Proceeds of sale. Any remaining proceeds from a sale of forfeited
property shall be deposited in the Tribal General fund and credited
to the Conservation Department.
E.Â
Reporting. The appropriate department and prosecuting authority shall
report on forfeitures occurring under this section to the Enforcement
and Resources Protection Committee.
[Amended 4-21-2022 by Ord. No. 22-04]
A.Â
This chapter shall take effect immediately upon final approval by
the Menominee Tribal Legislature.
