Red Lake Court of Indian Offenses
Code – “Revisions July 25, 2001”


[Editor's Note: this copy of the Red Lake Band of Chippewa Indians "tribal code" was received from what journalists call a "reliable source" in the tribal administration, apparently July 25, 2001 revisions of the Red Lake Court of Indian Offenses' Law and Order provisions that was adopted by the tribal council on September 11, 1990.  As a Court of Indian Offenses, the Red Lake Court is also subject to the federal regulations, including the law and order provisions in Title 25 of the Code of Federal Regulations.  Maquah.net makes no representation as to the accuracy or current status of this revised code.]


TITLE 111 WATERCRAFT REGULATIONS AND SAFETY

CHAPTER 300

300.01     Definitions

300.02     Watercraft Licenses

300.03     Operation of Watercraft.

300.04     Alcohol, Drugs, Disability

300.05     Lifesaving Devices

300.06     Penalties For Violations




TITLE 111
WATERCRAFT REGULATIONS AND SAFETY


CHAPTER 300


300.01             Definitions


Subdivision 1. "Owner" means an Indian, other than a lien holder, and also includes Indian partnership and corporations, having the property in or title to a watercraft.


Subdivision 2. "Watercraft" means any contrivance used or designed for navigation on water other than:


a)         A duck boat during duck hunting season

b)         A sailboat.

c)         A canoe

d)         A rice boat

e)         A float plane.


Subdivision 3. "Motorboat" means any watercraft propelled in any respect by machinery, including watercraft temporarily equipped with detachable motors.


Subdivision 4. "Tribal Council" means the Tribal Council of the Red Lake Band of Chippewa Indians and its agencies and subdivisions.


300.02             Watercraft Licenses


Subdivision 1. General Requirements.  Except as hereinafter provided, no Indian shall operate or give permission to operate any watercraft for which a license fee is required on the waters of the Red Lake Indian Reservation unless a license for such watercraft has been issued and is in effect.  The license number assigned a watercraft shall remain the same if continually renewed and the licensee of each watercraft shall purchase the watercraft license numbers assigned and affix the same as may be prescribed by the Tribal Council.


Subdivision 2. Application.  Application for a watercraft license shall be made to the Tribal Council by the owner of all watercraft, unless exempted herein, principally located or housed on the Red Lake Indian Reservation.  The application shall be in writing on a form prescribed by the Tribal Council and shall state the name and address of every owner of the watercraft and signed by at least one owner.  Upon receipt of the application fee as hereinafter provided, a license shall be issued by the Tribal Council and shall be affixed to the watercraft in such manner as the Tribal Council shall prescribe.


Subdivision 3. Fees.  The fee for each watercraft for a period of three years, or any portion thereof, shall be as follows:


a)         All watercraft $15.00.

b)         Transfer of license or duplicate license - $5.00.


Subdivision 4. Expiration.  Licenses issued hereunder shall expire on December 31st of the year of expiration and may be renewed in the manner provided for initial issuance.


Subdivision 5. Transfer of Ownership, Destruction, Abandonment.  Within thirty (30) days after the transfer of ownership, or the destruction or abandonment of any watercraft, written notice thereof shall be given to the Tribal Council on such form as it may prescribe.  Failure to give such notice of transfer of ownership shall terminate the license without further action.  Every notice of transfer of ownership shall also be accompanied by the duplicate license fee and upon receipt thereof, a duplicate license shall be issued.


Subdivision 6. Tribally Owned Watercraft.  Watercraft owned by the Red Lake Band of Chippewa Indians or any of its agencies or subdivisions shall contain a distinguishable license without payment of any fee.


Subdivision 7. Exemption.  No license hereunder shall be required for the following watercraft:


a)         Watercraft which are covered by a license or number in full force and effect pursuant to a federal law or a state law and which has not been within the Red Lake Indian Reservation for more than Sixty (60) consecutive days.


b)         Watercraft owned by the United States, a state, or a political subdivision thereof.


300.03             Operation of Watercraft.


It is unlawful to operate or permit the operation of watercraft in the following ways:


a)         In a careless manner in disregard of the rights or safety of others.


b)         In a reckless or grossly negligent manner so as to cause personal injury to another or damage to the property of another.


c)         A watercraft which is loaded with passengers or cargo beyond its safe carrying capacity, or which is equipped with any motor other propulsion machinery beyond its safe power capacity.


d)         Upon the water of the Red Lake Indian Reservation without the equipment required by this Chapter or in violation of the rules promulgated by the Tribal Council pursuant to this Chapter.


300.04             Alcohol, Drugs, Disability


Subdivision 1. No Indian shall operate or be in actual physical control of any watercraft while under the influence of alcohol or a controlled substance as provided in Section 600.02.  No owner or other person having control of any watercraft shall intentionally authorize or permit any person who is under the influence of alcohol or controlled substance to operate any watercraft.


Subdivision 2. No owner or other person having a charge or control of any watercraft shall intentionally permit any other person who by reason of any physical or mental disability is incapable of operating such watercraft, to operate such watercraft.


300.05             Lifesaving Devices


Watercraft using the water of the Red Lake Indian Reservation shall be equipped with United States Coast Guard approved personal flotation devises or life saving devices in sufficient quantity so that each person on board the watercraft has a separate safety device for his/her own use.


300.06             Penalties For Violations


Any Indian who shall violate the provisions of Section 300.01 to 300.05 or any regulation of the Tribal Council promulgated pursuant to Sections 300.01 to 300.05 shall, unless a different penalty is prescribed, be guilty of a misdemeanor.



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