CHAPTER 36

FISH AND WILDLIFE CODE

GENERAL PROVISIONS, DEFINITIONS AND INTERPRETATIONS

SECTION 10-1-1 PURPOSE

The purpose of this chapter is to provide an orderly system with which to manage, control and conserve Fish & Wildlife resources of the Oglala Sioux Tribe within the boundaries of the Pine Ridge Indian Reservation.

SECTION 10-1-2 JURISDICTION

Provisions contained within this code specifically apply to all lands within the original exterior boundaries of the Pine Ridge Indian Reservation as described in the constitution and by-laws dated March 2, 1889 (25 Stat. L. 888) . All matters contained herein relating to the propagation, conservation, management, distribution, transportation, storage, and taking of fish and game, relating to the management, conservation and control of reservation lands; forests and waters for fish and game purposes and relating to fishing, hunting, trapping, sale, barter and exchange of fish and game products from the land resources of the Pine Ridge Indian Reservation are all subject to the absolute jurisdiction of the Oglala Sioux Tribe.

SECTION 10-1-3 FISH AND WILDLIFE AS PROPERTY OF THE OGLALA SIOUX TRIBE

1. All fish and wildlife resources now or hereafter within the Pine Ridge Indian Reservation, not held in private ownership legally acquired, which for the purposes of this code shall include all big game animals, game birds, water foul, game fish, reptiles, amphibians, fur bearing animals and all other forms of wildlife are hereby declared to be the property of the Oglala Sioux Tribe and no right, title, interest or property therein can be acquired or transferred or the possession thereof had or maintained except as herein expressly provided.

2. It shall be lawful for the Director of the Oglala Sioux Tribe Parks and Recreation Authority or any persons or entity appointed by him/her in writing to take fish and wildlife for the purpose of inspection, cultivation, propagation, distribution, scientific or other purposes deemed by him/her to be in the interest of the fish and game industry of the Oglala Sioux Tribe.

SECTION 10-1-4 COOPERATIVE AND RECIPROCAL AGREEMENTS

The Oglala Sioux Parks and Recreation Authority is hereby authorized, subject to the approval of the Oglala Sioux Tribal Council, to enter into reciprocal and cooperative agreements with the State of South Dakota and any other governments or governmental agencies, federal or otherwise for the purposes of promoting and implementing fishery and wildlife management programs and outdoor recreational activities and for carrying out enforcement of this Chapter.

SECTION 10-1-5 DEFINITION OF TERMS; INTERPRETATIONS

Terms used in this title unless the context otherwise plainly requires, shall mean:

1. All-Terrain Vehicle means any motorized vehicle designed for or capable of travel over unimproved terrain;

2. Antlered means a male animal with a visible antler at least four inches above the head;

3. Antlerless means any animal not classified as antlered as defined in number two above;

4. Authority means Oglala Sioux Parks and Recreation Authority;

5. Bag Limit means maximum number of a game species which may be legally taken per day and shall include maximum number of each species or sex;

6. Bait means any food item including but not limited to shelled or unshelled grains, shucked or unshucked grains, beans, alfalfa, hay, food supplements, salt and any other item which entices or attracts game to a particular place;

7. Bait Fish means any fish or minnow which is used for angling, or the capture or taking of fish;

8. Baiting means the act of putting out, scattering, or in other was distributing bait for the purposes of attracting and taking any game animal or hunting over bait;

9. Big Game shall be defined as Wild Turkey and all cloven-hoofed wild animals including whitetail deer, mule deer, antelope, elk, and buffalo, for which harvest rules and regulations may be established by the tribe;

10. Big Game Tag means a non-reusable, adhesive backed tag issued with big game permits which must be attached around the hock of the big game animal at the time it is taken;

11. Carcass means the dead body of any wild animal to which it refers, including the head, hair, skin, plumage, skeleton, or any parts thereof;

12. Closed Area means any area where by authority of the Oglala Sioux Parks and Recreation Authority, hunting and trapping is prohibited and to which access is not allowed;

13. Closed Waters means any lake, pond, river, stream, body of water, or any part thereof within the Pine Ridge Indian Reservation wherein it shall be unlawful to fish, hunt, or trap, said waters may be closed to one or all of these activities depending on the designation of these waters;

14. Cold Water Fishery means any lake, pond, stream, creek or river or any part thereof which is managed for trout, and where the use of live bait and baitfish is prohibited;

15. Creel Limit/Daily Limit means the maximum number of any species of fish that may be legally taken per day from midnight to midnight;

16. Fishing includes taking, capturing, killing of 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;

17. Fur Bearers means animals which are taken primarily for the sale of their pelts;

18. Game means all wild animals and birds for which hunting seasons have been established by provisions contained within this Chapter;

19. Game Fish shall include all species belonging to the trout, pike, catfish, bullhead, sunfish, bass, bluegill, crappie, and perch families of fish species;

20. Hunt or Hunting includes shooting, shooting at, pursuing, taking, attempting to take, catching or killing of any wild animals or animals;

21. License means the primary document issued by the Oglala Sioux Parks and Recreation Authority for the purposes authorized by Tribal law to permit engagement in activities covered by the provisions of this Chapter;

22. Live Bait means the use of any baitfish, amphibian, or any other animal while alive for angling;

23. Loaded Firearm means any firearm or other implement capable of discharging a projectile, containing cartridges, shells or projectiles in either the chamber, clip or magazine;

24. Motor Vehicle means any self-propelled vehicle and any vehicle propelled or drawn by a self-propelled vehicle, whether operated upon a highway, railroad, track, on the ground, in the water or in the air;

25. Non-Game Species means all species of birds and animals which are not listed or covered or provided for within the provisions of this Chapter and are not protected;

26. Non-Resident means persons other than those defined as "residents";

27. Officer means a Conversation Officer of the Oglala Sioux Tribe, Division of Parks and Recreation Authority, or any other law enforcement officer of the Bureau of Indian Affairs or Oglala Sioux Tribe;

28. Open Season means the time specified by rule, regulation, order, resolution or ordinance of the Oglala Sioux Tribal Council when it shall be lawful to hunt, fish or trap for any animals, birds, or fish. Each period of time shall be specified as an "open season" and the period during each day when these activities can legally take place.

29. Permit means a secondary document including stamps, requiring a license as a prerequisite to its issuance, which grants authority to engage in certain specified activities under the provisions of this Chapter, within the parameters of tribal rules and regulations governing these activities;

30. Possession means physical possession or control of any undomesticated game or non-game animal or parts thereof, on one's person, premises, motor vehicle, or public or private place of processing or storage;

31. Predator means any animal which kills and eats the flesh of other animals;

32. Recreational Vehicle means any snowmobile or all-terrain vehicle engaged in off-highway recreational use;

33. Reservation means all territory within the original, exterior boundaries of the Pine Ridge Indian Reservation as described in the constitution and by-laws dated March 2, 1889 (25 Stat. L. 888);

34. Resident means a person whose domicile is on the Pine Ridge Indian Reservation. No resident shall lose his rights under this title by reason of their absence due to membership in the armed services of the United States or any student regularly attending a school of higher learning as a full-time student;

35. Restricted Water or Trout Water means that fishing methods on any lake, pond, stream or any part thereof may be limited to the use of artificial lures or bait other than live fish;

36. Rough Fish/Non-Game Fish means all fish species not included in the game fish families;

37. Seasons means all of the time during the entire year except during "open season" as specified by regulation or ordinance of the Oglala Sioux Tribal Council;

38. Sell means to offer or possess for sale, barter, exchange or trade or the act of selling, bartering, exchanging, trading or disposing of;

39. Small Game shall be defined as including the following: Family Anatidae limited to geese, brants, dabbling ducks, diving ducks, tree ducks, sea ducks, and mergansers; rallidae, commonly known as rails, coots, mudhens, and gallinule; the limicolae, commonly known as shore birds, plover, surf bird, snipe, woodcock, sandpiper, tattler and curlews; the gruidae, commonly known as the morning dove; the gallinae, commonly known as grouse, prairie chickens, pheasants, partridges, and quail but shall not include wild turkeys, cotton tail rabbit, fox, grey and pine squirrel;

40. Snagging means the use of hook and line, with or without a pole, to impale or attempt to impale fish in a manner other than by natural feeding behavior by fish;

41. Snowmobile means any motorized vehicle designed for travel on snow and/or ice and steered and supported in whole or in part by skis, belts, cleats, runners, or low-pressured tires;

42. Specified Areas means areas where the taking of game animals is restricted to the specifications set forth by rules, regulations, ordinances, or resolutions set forth by the Oglala Sioux Parks and Recreation Authority in conjunction with the Oglala Sioux Tribe;

43. State means the State of South Dakota or the State of Nebraska;

44. Tag means a card, label or other identification device issued for attachment to the carcass of any game animal;

45. Take means to fish, angle, hunt, pursue, catch, capture, seine, trap, kill or otherwise possess any wildlife or any attempt to commit any of these acts;

46. Trapping includes the taking or the attempting to take of any wild animals by means of setting or operating of 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;

47. Tribal Court means Oglala Sioux Tribal Court;

48. Tribe means Oglala Sioux Tribe;

49. Trot Line means any line used for fishing with one or more hooks which is not used with a conventional rod and reel and is left unattended which shall include but not be limited to the terms throw line, set line, limb line, or jug line;

50. Unprotected species means those species of birds and animals which are not protected under the provisions of this Chapter and for which year round hunting is allowed. This shall include the following: Prairie dogs, jack-rabbits, ground squirrels, redwing blackbirds, European startling, raven, crows, purple grackles, Brewer's blackbirds, bronzed grackles and all species of skunks;

51. Water Fowl means any wild geese, brants or wild ducks;

52. Wild Animal/Wildlife means any mammal, bird, fish or other creature of a wild nature endowed with sensation and the power of voluntary motion including their eggs, nests and spawn;

SECTION 10-2-1 RECOGNITION

There is hereby recognized within the scheme of government of the Oglala Sioux Tribe the Oglala Sioux Parks & Recreation Authority and its various components as has been heretofore established by the Oglala Sioux Tribal Council.

SECTION 10-2-2 POLICY AND INTENT

It shall be and is the policy and intent of the Oglala Sioux Parks and Recreation Authority in conjunction, with the Oglala Sioux Tribal Council to establish the following:

a) To provide an adequate and flexible system for the protection and conservation of all fish and wildlife resources on the Pine Ridge Indian Reservation;

b) To provide for the establishment of rules, regulations and ordinances relating to the harvest of fish and wildlife on the Pine Ridge Indian Reservation;

c) To provide for the general management and supervision of all wildlife, fishery and outdoor recreational activities on the Pine Ridge Indian Reservation;

d) To provide for the establishment of enforcement systems, license requirements, prohibited acts, and penalties related to wildlife, fishery and outdoor recreational activities on the Pine Ridge Indian Reservation.

SECTION 10-2-3 REGULATIONS AND ORDINANCES; CONTENT

The Oglala Sioux Parks & Recreational Authority shall from time to time recommend to the Oglala Sioux Tribal Council the adoption, amendment, promulgation, or repeal of such regulations and ordinances as are consistent with the policy, objectives and intent of this Chapter which it may deem necessary or desirable in the public interest in carrying out the policy and provisions of this Chapter. Such regulations and ordinances shall, without limiting the general powers herein conferred, include the following:

a) To fix seasons and shorten, extend or close seasons on any species of wildlife in any specific locality or localities or in the entire reservation when it shall be found, after investigation, that such action is necessary either to assure maintenance of an adequate supply thereof, to regulate taking, or to effectuate proper game management and control.

b) To close or open lakes, streams, and refuges or parts thereof to angling, trapping or hunting, and to regulate and prescribe the means by which wildlife may be taken as may be best to perpetuate, restore, increase or control any species of wildlife and assure adequate supply thereof, and to regulate the transportation and storage of all wildlife or parts thereof within the boundaries of the Pine Ridge Indian Reservation and the shipment of transportation off the Pine Ridge Indian Reservation.

c) To establish or change bag limits and possession limits.

d) To establish and change territorial limits for the taking of all species of wildlife.

e) To prescribe the types of or kinds of bait, lures, tackle, equipment, traps, firearms and weapons, the tagging of game or fish or parts thereof or any other means or devices for taking of such wildlife.

f) To designate the areas for hunting with bow and arrows and seasons therefore.

g) To establish big game, small game, fish and/or furbearing animal refuges, production areas, demonstration areas, and research areas. When private property is to be included in one of the areas described in that subsection, written consent of the owner shall first be obtained and all boundary lines shall be posted at the usual place of egress with signs bearing instructions and the title of the Oglala Sioux Parks & Recreation Authority of the Oglala Sioux Tribe.

h) To establish methods for checking hunters, fishermen, or trappers into and out of designated areas to prescribe safety and fire control measures and other regulations as may be deemed necessary in the interest of range, forest, game, fish or furbearing animal management, and for the safety and welfare of hunters, trappers, fishermen, landowners and the Oglala Sioux Tribe.

i) To establish fees and license and permit costs for hunting seasons, general, special or otherwise .

j) To establish rules and regulations governing the operation of boats upon waters located within the exterior boundaries of the Pine Ridge Indian Reservation.

k) To establish rules and regulations governing the operation of snowmobiles, all-terrain vehicles, recreational vehicles, and aircraft on or over the lands of the Oglala Sioux Tribe.

SECTION 10-3-1 ENFORCEMENT; OFFICERS; DUTIES

It shall be the duty of every Tribal Conservation Officer and Tribal Law Enforcement Officer to enforce the rules, regulations and ordinances promulgated under this Chapter relating to hunting, fishing, and trapping, and all other regulations which may relate to all activities pursuant to the policy and intent of this Chapter, and such officers may issue citations and/or make arrest and bring before the proper court any persons violating the provisions of this Chapter or any of the regulations, ordinances or rules adopted pertaining to the policy, intent and purposes of this Chapter.

SECTION 10-3-2 RELATION TO CRIMINAL PROCEDURES UNDER THE OGLALA SIOUX TRIBAL CODE

Unless otherwise provided for within this Chapter, the provisions of the Oglala Sioux Tribal Code relating to criminal law and procedure shall apply within this Chapter.

SECTION 10-3-3 AUTHORITY TO ENTER PRIVATE LAND

Any officer in the course of his duty may enter upon any lands or waters of the Pine Ridge Indian Reservation and remain thereon while performing such duties hereunder, and such actions by such Officer shall not constitute trespass.

SECTION 10-3-4 SEARCH

Any officer may search without warrant any conveyance, vehicle, game bag, game basket, game coat or any receptacle, for game animals, birds, fish, or any package, box, hunting camp, or a similar place which he knows or has reasonable cause to believe contains evidence of violation of this Chapter, regulations, ordinances or rules adopted hereunder pertaining to hunting, fishing or trapping.

SECTION 10-3-5 SEIZURE

Any Officer may seize without warrant all birds, animals, or parts thereof taken, killed, transported or possessed contrary to the provisions of this Chapter or any regulation, rule or ordinance pertaining to hunting, fishing, or trapping, and/or any gun, trap, net, seine, decoy, bait, boat, light fishing tackle, or other device unlawfully used in hunting, fishing, trapping, or held with the intent to unlawfully use for hunting, fishing or trapping provided such warrantless seizure is performed by an officer who knows or has reasonable cause to believe that the person in possession of such property has been committed or is engaged in committing a violation of this Chapter.

SECTION 10-3-6 FORFEITURE PROCEDURE; DISPOSITION OF PROPERTY

Any contraband game or fish or other article described in 10-3-5 seized shall be subject to forfeiture at the order of the Tribal Court of the Oglala Sioux Tribe after notice and opportunity for hearing or trial as herein set forth. In the event it appears upon the sworn complaint of the Officer making the seizure that any articles seized were not in the possession of any person, and that the owner thereof is unknown, the Court shall have the power and jurisdiction to forfeit such articles by publishing a notice of intent to forfeit in any newspaper of general circulation in Shannon, Jackson and Bennett counties for a period of two successive issues . The notice shall describe the articles seized and shall give the owner fifteen (15) days from the date of the last publication to appear before the Tribal Court and contest the forfeiture.

In the event that the Tribal Court orders forfeiture of any articles seized, whether the owner thereof is known or unknown, articles shall be sold at auction with proceeds going to the Division of Fish and Wildlife component of the Oglala Sioux Parks & Recreation Authority. If any articles are not declared forfeited by the order of the Tribal Court, they shall be returned to the person from whom seized, after the completion of the case and after the fines and liquidated damages, if any, have been paid. If fines and/or liquidated damages are assessed by the court and not paid within a period of time to be established by the Court, the Court may dispose of said property at auction as partial or complete payment of such fine and/or liquidated damages.

SECTION 10-3-7 CIVIL LIABILITY TO THE TRIBE

Upon conviction of an offense where the defendant has illegally taken, killed or possessed any species of fish or wildlife under this Chapter, the defendant shall be liable for liquidated damages. The liquidated damages to be paid to the Oglala Sioux Parks and Recreation Authority for each such violation shall be as follows

SECTION 10-4-1 LICENSE AND PERMIT FEES

The establishment of license and permit fees for hunting and fishing within the exterior boundaries of the Pine Ridge Indian Reservation will be as follows: