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 X  CHAPTER 1000

GAME AND FISH CODE

1000.01       Definitions

1000.03       General Restrictions

1000.04       Regulatory Powers of the Council

1000.05       Instrumentalities Used to Violate the Law

1000.06       Commercial Fishing

1000.07       Red Lake Court of Indian Offenses

1000.08       Powers of Conservation Officers

1000.09       Confiscation

1000.10       Requirements

1000.11       Trapping

1000.12       Violations

1000.13       Religious or Ceremonial Purposes

1000.14       Wanton Waste

Section 1000.15     Penalties

Subdivision 2.      Civil Penalty.

ARTICLES OF INCORPORATION  OF NONPROFIT CORPORATIONS

 

 

 

TITLE X
CHAPTER 1000

 

GAME AND FISH CODE

 

1000.01           Definitions

 

Subdivision 1.  "Wild Animals" mean all living creatures, not human, wild by nature, endowed with sensation and power of voluntary motion and includes quadrupeds, mammals, birds,  amphibians, reptiles, crustaceans and mollusks.

 

(a)        "Aquatic Animals" means fish or any other animal capable of living under or below the surface of the water.

 

Subdivision 2.  "Protected Wild Animals" includes all wild animals which are accorded some measure of protection in the time or manner of taking and are commonly taken for food or for its pelt.

 

Subdivision 3.  "Fur Bearing Animals" includes all protected mammals; except bear, deer, moose, elk and caribou.

 

Subdivision 4.  "Big Game" includes deer, moose, elk, bear and caribou.

 

Subdivision 5.  "Small Game" includes all protected wild mammals and birds not included in "big game".

 

Subdivision 6.  "Open Season" means the period of time during which aquatic animals or protected wild animals may be taken.

 

Subdivision 7.  "Closed Season" means the period of time during which aquatic animals or protected wild animals may not be taken.

 

Subdivision 8.  "Council" means the Tribal Council of the Red Lake Band of Chippewa Indians.

 

Subdivision 9.  "Band" means the Red Lake Band of Chippewa Indians. 

 

Subdivision 10.  "Taking" includes pursuing, shooting, killing, capturing, snaring and netting wild animals and any lesser acts such as disturbing, harassing, or placing, setting, drawing or using any net, trap or other devise used to take wild animals and includes every attempt to take and every act or assistance to any other person in taking or assisting to take wild animals.

 

Subdivision 11.  "Possession" means both actual and constructive possession and any control over the thing referred to.

 

Subdivision 12.  "Transport, Transportation" means carrying or moving by any devise or causing to be carried or moved by any devise or attempting to do so or accepting or receiving wild animals for transportation or shipment.

 

Subdivision 13.  "Sale, Sell" includes barter, exchange for consideration, offer to sell, or possession with intent to sell.

 

Subdivision 14.  "Buy" includes barter, exchange for consideration, offer to buy or attempt to buy.

 

Subdivision 15.  "Person" includes any individual and Indian individual and any firm, partnership, corporation or association.

 

Subdivision 16.  "Member" means an Indian who belongs to the Red Lake Band of Chippewa Indians.

 

Subdivision 17.  "Commercial Fishing" means the taking of fish for resale.

 

Subdivision 18.  "Reservation" means the Red Lake Indian Reservation.

 

(Section 1000.01 Subd. 1, Subd. 6, and Subd. 7 amended to Tribal Code by Resolution No. 200-94, dated May 13, 1994)

 

1000.02           Ownership of Wild Animals; Wild Rice

 

The ownership and legal title to all wild animals, and of all wild rice and other aquatic vegetation growing in the waters of the Red Lake Indian Reservation, is in the Red Lake Band of Chippewa Indians in its sovereign capacity for the benefit of all members of the Band and no person shall acquire any property or legal interest therein or destroy the same except as authorized by this Title.  The legal title to any wild animals lawfully acquired pursuant to this title shall revert to the Band whenever any law related to its sale, transportation or possession is violated.

 

1000.03           General Restrictions

 

Subdivision 1.  No person shall, at any time within the Reservation, take, buy, sell, transport or possess any protected wild animals except as permitted by Title X hereof.

 

Subdivision 2.  No person shall possess within the Reservation any wild animals or fur therefrom which has been unlawfully taken, bought, sold or possessed outside of the boundaries of the Reservation or unlawfully transported therefrom into the Reservation.

 

Subdivision 3.  Violations of this Chapter may be punishable by civil penalty, criminal penalty, removal, or all of the above.

 

(Section 1000.03 Subd. 3 added to Tribal Code by Resolution No. 200-94, dated May 13, 1994)

 

1000.04           Regulatory Powers of the Council

 

Subdivision 1.  The Council is authorized and shall have the power to make any and all Rules and Regulations including fines and royalties for violation of the same for the taking, possession and transportation of wild animals, fish and mussels from the lands and waters of the Reservation by Indian members of the Band, by Indian non-members of the Band and by non-members of the Band.

 

Subdivision 2.  The Council may implement such regulatory authority by providing for a system of issuing permits to non-member Indians and non-members governing the right to hunt and take migratory water fowl and to fish.

 

Subdivision 3.  The Council is authorized and shall have power to make additional rules and regulation pertaining to the taking, possession and transportation of fish for commercial purposes.

 

(Section 1000.04 Subd. 3 added to Tribal Code by Resolution No. 200-94, dated May 13, 1994)

 

1000.05           Instrumentalities Used to Violate the Law

 

Wild game and fur which is taken, possessed or transported in violation of the laws or rules and regulations of the Reservation shall be confiscated in accordance with the laws on forfeiture and confiscation.  Equipment, devices or instrumentalities used in connection with or to facilitate the accomplishment of such a violation of the laws or rules and regulations of the Band governing the taking, possession or transportation of wild animals shall also be confiscated pursuant to the laws of forfeiture and confiscation.

 

1000.06           Commercial Fishing

 

Subdivision  1. The Commercial Fishing season shall be limited to dates set by the Fishery Association between May 15 and November 15.

 

Subdivision 2.  The Commercial Fishing days shall be limited to Sunday, Monday, Tuesday, Wednesday, and shall not include Friday or Saturday, or as authorized by the Fishery Association.

 

Subdivision 3.  One (1) net per household may be permitted beginning June 1, through a date set by the Fishery Association and thereafter as determined by the Fishery Association. 

 

(Section 1000.06 Subd. 1 amended and Subd. 1 & 2 added to Tribal Code by Resolution No. 200-94, dated May 13, 1994)

 

1000.07           Red Lake Court of Indian Offenses

 

The Red Lake Tribal  Court and/or the Red Lake Court of Indian Offenses shall have jurisdiction over  all matters relating to all aquatic animals and all wild animals in addition to the criminal and civil jurisdiction as defined by the Red Lake Tribal Council.

 

(Section 1000.07 amended to Tribal Code by Resolution No. 200-94 dated May 13, 1994)

 

1000.08           Powers of Conservation Officers

 

Subdivision 1.  Red Lake Conservation Officers are authorized and empowered to execute and serve all warrants and processes issued by the Red Lake Court of Indian Offenses having jurisdiction under the laws related to wild animals in the same manner and to the same extent as any Red Lake Police Officer may do.  Conservation Officers may arrest any person, without a warrant, in accordance with the laws of criminal procedure.

 

Subdivision 2.  Red Lake Conservation Officers are authorized and empowered to enter upon any lands within the Reservation for the purpose of carrying out his duties and functions or to make investigations of any violations of the game and fish laws and to initiate proceedings if the proofs  hand warrant it.

 

Subdivision 3.  Red Lake Conservation Officers are authorized and empowered to seize and confiscate in the name of the band any wild animals taken, bought, sold, possessed, or transported in violation of the game and fish laws of the Reservation and rules and regulations issued pursuant to this Title and to seize, confiscate and dispose of all guns, firearms, bows and arrows, nets, boats, lines, rods, poles, fishing tackle, motor vehicles, motors, trailers, airplanes and other equipment, devices and instrumentalities used by the owner, or any other person with the owner's knowledge, in unlawfully taking, possession or transporting wild animals in violation of the game and fish laws of the Reservation and the rules and regulations issued pursuant to this title.  Articles which have no lawful use may be immediately destroyed.  All other articles may be disposed of as provided in this chapter.

 

Subdivision 4.  The property seized pursuant to Subdivision 3 hereof shall be held, preserved and protected, by the Red Lake Conservation Officers pending the outcome of the charge against the person from whom the property seized.  Upon a conviction of the person from whom the property seized, the property shall be confiscated in accordance with the procedure set forth in Section 1000.09.

 

Subdivision 5.  Wild animals, seized pursuant to Subdivision 3 here of which are perishable in nature and/or have economic value shall be disposed of the Red Lake Conservation Officers in a reasonable manner taking into consideration the nature of the confiscated wild animal.  Reasonable disposal methods shall include, but shall not be limited to, selling, exchanging or gifting the wild animals.  All sales, exchanges or gifts of confiscated wild animals shall be made for the benefit of the Red Lake Band.

 

1000.09           Confiscation

 

Subdivision 1.  Upon conviction of a person from whom property was seized pursuant to Section 1000.08, the property shall be confiscated in accordance with the following procedure:

 

 a)        The Red Lake Conservation Department shall file with the Red Lake Court of Indian Offenses a complaint against the property and describe its use in the particular violation.

 

 b)        A copy of the complaint and a summons shall be served, pursuant to law, upon the defendant and person in charge of the property at the time of the seizure.  A copy of the complaint an summons shall also be served, pursuant to law upon any person, corporation, partnership or other entity known or believed to have any right or title or interest in, or lien upon, any of the property.

 

 c)        The summons shall be served as in the case of a summons in a civil action.

 

 d)        If no answer is filed with the Red Lake Court of Indian Offenses within the time prescribed by law, said court shall, upon an affidavit by the Clerk of Court setting forth that no answer was filed within the time prescribed by law, order that the property be sold by the Red Lake Conservation Department in accordance with the provisions in this section.

 

 e)        If no answer is filed within the time prescribed by law, the Red Lake Court of Indian Offenses shall fix a time for hearing which shall be not more than thirty (30) days after the time for filing the answer expires.  The matter shall be heard and determined by said court, without a jury, as in other civil actions.  If the Red Lake Court of Indian Offenses shall find that such property, or any other part thereof, was used in any such violation as described in the complaint, it shall order the property so unlawfully used, sold as herein provided, unless, the owner shall show to the satisfaction of said court that he had no notice or knowledge or reason to believe that the property was used or intended to be used in any such violation. 

 

 f)         In making any such sale, the officer conducting the sale, shall deduct from the proceeds of the sale the expense of keeping the property, the fee for seizure, the costs of the sale and shall pay all liens according to their priority which have been established at the hearing as being bona fide and as existing without the lien or having any notice of knowledge that such property was being used or intended to be used for or in connection with any such violation specified in the complaint.  The balance of the proceeds shall be paid to the Red Lake Band.

 

 g)        Any sale of property under this section shall operate to free the property sold from any and all liens therein.

 

1000.10           Requirements

 

Subdivision 1.  Except as permitted by law, rule or regulation, no non-Indians person may take, buy, sell, transport or possess any protected wild animals of the Red Lake Indian Reservation or any aquatic plants thereof without first procuring a license therefor from the Council pursuant to the rules and regulations of the Council.

 

Subdivision 2.  Every person to whom a license is issued shall have it upon his person while doing any act for which the license is required and upon request of any Conservation Officer or Police Officer shall exhibit the license so issued.

 

Subdivision 3.  No person may lend or transfer to another or borrow from another any license or use any license not issued to him.

 

Subdivision 4.  The license of any person who is convicted of violating any provisions of Title X hereof or any order, rule or regulation issued pursuant to Title X hereof, shall immediately become null and void and no license of the same kind shall be issued to such person for three (3) years after the date of conviction.

 

1000.11           Trapping

 

No person, who is not an enrolled member of the Red Lake Band, shall be entitled to trap any fur bearing animals on the Red Lake Indian Reservation.

 

1000.12           Violations

 

Violations of Title X hereof shall be prosecuted in the Red Lake Court of Indian Offenses pursuant to the provisions of this Code.

 

1000.13           Religious or Ceremonial Purposes

 

A member may take or possess a protected wild animal for religious or ceremonial purposes after first having obtained a special permit to do so from the Council.  The member may apply to the Council for such special permit on forms provided by the Council.  The Council may adopt rules and regulations governing the implementation and operation of this section.

 

1000.14           Wanton Waste

 

Subdivision 1. Any Indian shall not wantonly waste, discard, dispose or destroy a useable part of a mammal, bird or fish.  Useable part shall mean, for purposes of this Section, useable for human consumption.

 

Subdivision 2.             Any Indian convicted of a violation of Subdivision 1 hereof may be sentenced to a jail term of not more than six (6) months or to a payment of a fine not more than $500.00, or both.

 

(Section 1000.14 Subd. 1 & 2 added to Tribal Code by Resolution No. 277-91 dated October 8, 1991)

 

Section 1000.15          Penalties

 

Subdivision 1. Civil Forfeiture.  Forfeiture of Fish and Fishing Paraphernalia.  Any person  who obtains fish in a manner or at a time which violates this Chapter, shall forfeit such fish and fishing paraphernalia to the Tribe as a civil penalty in addition to other civil or criminal penalties imposed.

 

Subdivision 2. Civil Penalty.

 

a)         In addition to civil forfeiture, or any other sanction or remedy available under this Chapter or under Chapters 400 and 500 of the Red Lake Tribal Code, the Red Lake Tribal Court and/or the Red Lake Court of Indian Offenses may assess a civil penalty for each violation of this Chapter.  The civil penalty may not exceed Five Hundred Dollars ($500.00) in addition to civil forfeiture or other penalties in accordance with this Chapter and with other Chapters of the Red Lake Tribal Code.

 

b)         Conservation officers may issue citations for civil penalties by:  (1) personal service or (2) by United States Mail, first class postage prepaid addresses to the last known address of the violator.

 

c)         If the violator fails to make payment within thirty (30) days of the date of issuance of the citation, or, if an installment payment program is made by the Court, the violator fails to meet the scheduled payments, then the violator may be found guilty of a gross misdemeanor and may be required in addition to other penalties prescribed by the Red Lake Law, the violator may be required to provide not more than thirty (30) days of community service.  Each day shall constitute a separate offense.

 

Subdivision 3.  Criminal Penalties.   Penalty for criminal violations of this Chapter shall be imposed as a criminal misdemeanor in accordance with Chapter 400 and 500 consistent with the provisions of this Chapter.

 

(Section 1000.15, Penalties added to Tribal Code by Resolution No. 200-94, dated May 13, 19940

 

1000.16   Applicability to Non-Indians  Any non-Indian person found violating this Chapter shall be subject to a removal order pursuant to the Red Lake Law.

 

(Section 1000.16 added to Tribal Code by Resolution No. 200-94, dated May 13, 1994)

 

1000.17   Notice  Notice hereof shall be posted in public area on the Reservation and shall warn the public that violation shall result in civil and/or criminal penalties.

 

(Section 1000.17 added to Tribal Code by Resolution No. 200-94, dated May 13, 1994)

 

ARTICLES OF INCORPORATION

OF


                                                                                

 

(I) (WE), the undersigned being (a member) (members) of the Red Lake Band of Chippewa Indians and residing of the Red Lake Indian Reservation and being of full age for the purposes of forming a nonprofit corporation under and pursuant to the provisions of Chapter 1100 of the laws of the Red Lake Band of Chippewa Indians, do hereby adopt the following Articles of Incorporation:

 

 1.        The name of the corporation shall be                                                                        .

 2.        The purpose of the corporation shall be as follows:    

                                                                                                                              .

 

 3.        The corporation does not afford pecuniary gain, indirectly or otherwise, to its members.

 

 4.        The period and duration of the corporation shall be                                           (number of years) (perpetual).

 

 5.        The location and post office address of the registered office of the corporation on the Red Lake Reservation is                                                                                         .

 

 6.        The name and post office address of the undersigned is

                                                                                                                              .

 

 7.        The name, post office address and term of office of the first directors are as follows:                                                                                                                                .

 

 8.        Whether corporation is a stock or membership corporation and if a membership, the identification of members.

 

 9.        The extent of personal liability, if any, of members for corporation has capital stock the total number of shares shall be determined by resolution of the Board of  Directors.

 

10.       Whether the corporation has capital stock or not, and if the corporation has capital stock the total number of shares shall be determined by resolution of the Board of Directors.  The shares of stock, if any, may be paid for in money, property, or services that may be described by the Board of Directors.

 

IN WITNESS WHEREOF, (I), (WE), have hereunto set (my) (our) (hand) (s) this        day of                           .

                                                                               





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