[HISTORY: Adopted by the Legislature of the Menominee Indian
Tribe 5-3-2018 by Ord. No. 18-10; amended in its entirety 9-17-2020 by Ord. No. 20-22.
Amendments noted where applicable.]
The purpose of this chapter is to prevent the introduction and
help control invasive species and disease on lands within the exterior
boundaries of the Menominee Indian Reservation.
As used in this chapter, the following terms shall have the
meanings indicated:
An exotic beetle whose larvae feeds on the inner bark of
ash trees, disrupting the tree's ability to transport water and
nutrients, and has killed millions of ash trees in the United States.
Nonindigenous species whose introduction causes or is likely
to cause economic or environmental harm or harm to human health.
Any Menominee tribal police officer, Menominee tribal conservation
warden, or any other person who has been granted tribal law enforcement
authority by the Constitution and Bylaws of the Tribe and the Code
of the Menominee Indian Tribe of Wisconsin.
An aggressive disease that affects many species of oak (Quercus
spp.). It is one of the most serious tree diseases in the eastern
United States, killing thousands of oaks each year in forests, woodlots,
and home landscapes.
A.Â
Oak wilt. To prevent the spread of this disease, it shall be illegal
to cut any standing oak tree still containing its bark, any living
species of oak tree, or any tree in a designated oak wilt control
area on the Menominee Indian Reservation between the April 1 and August
1 of any given year, unless prior written permission after an inspection
is given by the MITW Conservation Department or Environmental Services.
Violations of this section shall, upon conviction, result in a forfeiture
of not less than $50 nor more than $500 per violation and confiscation
and destruction of the cut wood.
B.Â
Emerald Ash Borer. To prevent the spread of the Emerald Ash Borer,
it shall be illegal to transport any ash firewood or unmilled ash
logs onto any lands within the exterior boundaries of the Menominee
Indian Reservation for use or storage on the Reservation. The Law
Enforcement Officer may seize and dispose of ash firewood or unmilled
ash logs possessed in violation of this section. Violations of this
section shall, upon conviction, result in a forfeiture of not less
than $50 nor more than $500 per violation and confiscation and destruction
of the cut ash wood or unmilled ash logs.
It shall be illegal to transport into or possess, transfer or
introduce within the exterior boundaries of the Menominee Reservation,
any of the listed prohibited/restricted species.
[1]
Editor's Note: Said list is included as an attachment to this chapter.
The law enforcement officer shall have the authority to inspect
all public view and curtilage pursuant to a lawful administrative
search within the jurisdiction of the Menominee Indian Tribe to determine
if any public nuisance exists thereon in the regards to any firewood
or unmilled logs, or species within the attached list. The law enforcement
shall be authorized to enter upon public and private properties under
the jurisdiction of the Menominee Indian Tribe, at all reasonable
times, to take a sample of the suspected firewood or unmilled logs
and species within the attached list.
Violations of this section shall, upon conviction, result in
a forfeiture of not less than $50 nor more than $500 per violation
and confiscation and destruction of the listed species.
This chapter shall take effect immediately upon final passage
by the Menominee Tribal Legislature.
