Conservation Code Chapter 35
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Fish & Wildlife
Conservation Code Chapter 35
Iowa Tribe of Kansas & Nebraska
3345 Thrasher Road
White Cloud, KS. 66094
IOWA TRIBE OF KANSAS AND NEBRASKA
CONSERVATION CODE CHAPTER 35
TABLE OF CONTENTS
SECTION 1
INTRODUCTION
1.01
1.02
1.03
1.04
1.05
1.06
1.07
Title
Authority
Purpose
Jurisdiction
Effective Date
Severability and Non-Liability
Repeal of Inconsistent Tribal Ordinances
SECTION 2
DEFINITIONS
SECTION 3
GENERAL PROVISIONS
3.01
3.02
3.03
Activity Closure
Unlawful Take
Title of Fish and Wildlife
SECTION 4
ADMINISTRATION AND SUPERVISION
4.01
4.02
4.03
4.04
4.05
Fish and Wildlife Division
Director of Fish and Wildlife Division
Collection of Permit Fees, Forfeitures, and Fines
Expenditure of Funds
Cooperation and Reciprocal Agreements
SECTION 5
DUTIES OF TRIBAL CONSERVATION OFFICERS
SECTION 6
ENFORCEMENT
6.01
6.02
6.03
6.04
6.05
6.06
6.07
6.08
6.09
Enforcement by Tribal Conservation Officers
Enforcement by State Conservation Officers
Search and Seizure when Authorized
Investigation and Citations
Registration Information
Penalties and Sanctions
Forfeited Band Schedule
Parties to a Violation
Harvesting After Revocation or Suspension
SECTION 7
GENERAL RULES AND REGULATIONS
7.01
7.02
Permits and Identification
Wanton waste of Fish and Wildlife
2
7.03
7.04
7.05
7.06
7.07
7.08
7.09
7.10
7.11
7.12
7.13
7.14
7.15
7.16
7.17
7.18
7.19
7.20
7.21
7.22
7.23
7.24
7.25
7.26
7.27
7.28
7.29
7.30
7.31
Larceny of Fish and Wildlife
Use of Poison and Explosives
Throwing Refuse in Waters
Scientific Investigations
Seasons
Unlawful Possession
Bag and Possession
Sharing of Permits and Tags
Harvesting with Another’s Permit
Shining Animals
Duties on Accidental Shooting
Failure to Report Hunting Accidents
Hunter Education Requirement
Age Restrictions
Parental Obligation
Intoxication
Resisting a Conservation Officer
False Impersonation
General Restrictions on Hunting and Trapping
Aircraft
Pivot Guns
Tampering with Equipment
Endangered and/or Threatened Species
Wildlife Refuges
Unprotected Species
Permissible Conduct
Emergency Closures
Hunting Hours
Obtaining Permission
SECTION 8 BIG GAME HARVEST REGULATIONS
8.01
8.02
8.03
8.04
8.05
8.06
8.07
8.08
8.09
8.10
8.11
8.12
8.13
8.14
8.15
8.16
8.17
General Big Game Provisions
Open and Closed Seasons
Number of Permits Available
Permits and Tags
Accompaniment of Big Game
Accompaniment of Non-Licensee
Senior Citizen and Disabled Permits
Special Provisions for Disabled
Special Permits
Big Game Seasons
Permissible Methods
Firearms Restrictions
Bow/Crossbow Restrictions
Group Deer Hunting
Hunting Hours
Transportation
Hunting on Certain Lands
3
8.18
8.19
8.20
Sale of Big Game
Removal and Retention of Tags
Legal Big Game Equipment
SECTION 9
UPLAND GAME AND UPLAND GAME BIRDS
9.01
9.02
9.03
9.04
9.05
9.06
9.07
9.08
9.09
9.10
9.11
9.12
9.13
9.14
9.15
9.16
General Provisions
Open and Closed Seasons
Permits and Tags
Accompaniment
Special Permits
Seasons
Permissible Methods
Firearms Restrictions
Bow and Arrow Restrictions
Falconry
Hunting Hours
Transportation
Hunting on Certain Lands
Sale
Use of Dogs
Limits
SECTION 10
FURBEARERS
10.01
10.02
10.03
10.04
10.05
10.06
10.07
10.08
10.09
10.10
10.11
10.12
10.13
10.14
10.15
10.16
10.17
General Provisions
Open and Closed Seasons
Permits and Tags
Furbearer Seasons
Hunting and Trapping Seasons
Methods of Take
Use of Traps
Trapping Areas Prohibited
Possession
Bobcat Provisions
Use of Dogs
Depredation
Buying and Shipping Furs
Records of Licensed Dealers
Transportation
Aerial Hunting
Motor Vehicles
SECTION 11
MIGRATORY BIRDS
11.01
11.02
11.03
11.04
General Provisions
Open and Closed Seasons
Firearms Restrictions
Bait Restrictions
4
11.05
11.06
11.07
11.08
11.09
11.10
Live Decoys
Permits and Tags
Seasons, Limits and Hours
Raptors and Protected Species
Transportation
Live Birds
SECTION 12
FISHING
12.01
12.02
12.03
12.04
12.05
12.06
12.07
12.08
12.09
12.10
12.11
12.12
12.13
12.14
12.15
12.16
12.17
12.18
12.19
12.20
General Provisions
Open and Closed Seasons
Permits and Tags
Seasons, Creel and Size Limits
Trespass
Hook and Line Limitations
Bait
Bait Dealers
Commercial Sale
Hoop Nets, Traps and Setlines
Gill Netting
Spearing
Landing Aids
Artificial Lines
Unattended Lines
Ice Houses
Transportation
Interference
Restrictions
Bullfrog and Turtle Season
SECTION 13
TIMBER HARVEST
13.01
13.02
13.03
General Provisions
Permits
Responsibility
SECTION 14
SPECIAL PERMITS
14.01
14.02
General Provisions
Permits
SECTION 15
PROCLAMATION HAS FORCE OF LAW
15.01
15.02
15.03
General Provisions
Proclamation to be Published
Emergency Opening and Closures of Season
SECTION 16 CONSERVATION ENFORCEMENT PERFORMANCE STANDARDS
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RESERVATION CONSERVATION CODE
CHAPTER 35 OF THE
IOWA TRIBE OF KANSAS AND NEBRASKA
SECTION 1:
INTRODUCTION
1.01
Title. This ordinance shall be known as the Iowa Tribe of Kansas
and Nebraska Conservation Code or Fish and Wildlife Code
1.02
Authority. This ordinance is enacted pursuant to Article IV,
Section II of the Constitution and By-Law of the Tribe.
1.03
Purpose. It is the purpose of this code to:
(1) Provide an orderly system for Tribal control and regulation
of hunting, fishing and trapping activities on the lands
established as the Iowa Tribe of Kansas and Nebraska
Reservation.
(2) Provide a means of conservation , enforcement, protection, and
management of the Iowa Tribe of Kansas and Nebraska Reservation’s
fish and wildlife populations through the regulation of member, nonmember, and non-Indian activities.
(3) Provide a means of enforcing rules and regulations of this code
contained hereafter.
1.04
Jurisdiction. This code shall govern the activities of hunting,
fishing and trapping in the exterior boundaries of (and trust lands
of the Iowa Tribe of Kansas and Nebraska outside the same
exterior boundaries of) the Iowa Tribe of Kansas and Nebraska to
include but not limited to the following:
(1) The Tribe shall have exclusive jurisdiction over enrolled
members of the Iowa Tribe of Kansas and Nebraska on all lands
and waters within the exterior boundaries of (and trust lands of the
Iowa Tribe of Kansas and Nebraska outside the same exterior
boundaries of) the Iowa Tribe of Kansas and Nebraska Reservation.
(2) The Tribe shall have exclusive jurisdiction over non-member
Indians on all lands and waters within the exterior boundaries of (and
trust lands of the Iowa Tribe of Kansas and Nebraska outside the same
boundaries of) the Iowa Tribe of Kansas and Nebraska Reservation.
6
(3) For the purposes of this code, The Tribe shall have exclusive
Civil-jurisdiction over non-Indians on Federal Trust, Tribal Trust and
individual Indian Allotted Lands, and Fee Lands within the exterior
boundaries of (and trust lands of the Iowa Tribe of Kansas and
Nebraska and outside the same exterior boundaries of) the Iowa Tribe
of Kansas and Nebraska Reservation in accordance with the
Memorandum of Agreement with the State of Kansas dated April 13,
1993.
1.05
Effective Date. This code shall be effective on date adopted by the
Iowa Tribe of Kansas and Nebraska governing body.
1.06
Severability and Non-Liability. If any section, provision, or portion
of this code is adjudged unconstitutional or invalid by a court of
competent jurisdiction, the remainder of this code shall not be
affected thereby. The Tribe further asserts immunity on its part and
that of its agencies, employees, and/or agents from any action or
damages that may occur as a result of reliance upon and
conformance with this code.
1.07
Repeal of Inconsistent Tribal Ordinances and resolutions
inconsistent with this code are hereby repealed. To the extent that
this document imposes greater restrictions than those contained in
any other tribal ordinance, the provision of this document shall govern.
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SECTION 2:
DEFINITIONS
For the purposes of this Code the following definitions shall apply:
1.
Aircraft – As used in this code, the term aircraft means any
contrivance used for flights, or to be airborne.
2.
Allotted Land – Tribal owned or individually owned Indian
lands held in trust by the federal government.
3.
Antlerless Deer – All deer not displaying at least one visible
antler.
4.
Antlered Deer – All deer displaying at least one visible antler.
5.
Arrow – A shaft of at least 24 inches long containing 3 trimmed or
5 untrimmed feathers, tipped with a point or devise used to strike,
penetrate, or pierce.
6.
Bag Limit – Means the maximum limit, in number amount, of a
particular species of fish or wildlife which may lawfully be taken in
one day during open season.
7.
Bait – Any substance that is placed by any person and which may
serve as an attraction to any wildlife and may include but is not limited
to grain or animal remains; however, that artificial decoys used to hunt
migratory game birds or turkeys shall not be deemed bait.
8.
Big Game – Shall include, but not be limited to Wild Turkeys,
Mule Deer, Whitetail Deer, Elk, Antelope and Bison.
9.
Bow- Means 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 Crossbow.
10.
Carcass – Means the dead body of fish or wildlife or parts thereof.
11.
Closed Season – Means the time and/or days during which fish or
wildlife may not be taken legally.
12.
Crossbow – Means any devise using a bow which, once drawn is held
solely by means other than the effort of the person firing it.
13.
Division Director – As used in this code, is the person appointed by
the Executive Committee to be responsible for the successful operation
of the Tribal Fish and Wildlife Division.
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14.
Endangered or Threatened Species – Means any species of fish or
wildlife within the Reservation or State as listed but not limited to (50
CFR Sections 17.11 and 17.12) or species classified pursuant to the
Endangered Species Act of 1973, as may be amended from time to
time, or which the Tribe’s governing body from time to time may
declare as endangered or threatened.
15.
Executive Committee – As used in this code, the governing body of
the Iowa Tribe of Kansas and Nebraska 3345 B Thrasher Road
White Cloud, KS. 66094.
16.
Falconry – Means taking quarry by means of a trained raptor.
17.
Fee Land – Means those lands within the exterior boundary of a
Reservation not held in trust or subject to reservations on alienation
and which is in private ownership.
18.
Firearm – Means a rifle, shotgun, handgun or other type of gun.
19.
Fish – Means any fish within the waters of the Reservation.
20.
Fishing – Means taking of fish of any variety by hook and line.
21.
Furbearers – Shall include but not limited to Mink, Muskrat, Beaver,
Otter, Weasel, Marten, Fisher, Fox, Coyote, Bobcat, Badger, Raccoon.
22.
General Council – Means all enrolled members of the Iowa Tribe of
Kansas and Nebraska Tribe who are at least 18 years of age.
23.
Harass – Means to shoot at, disturb, worry, molest, rally, concentrate,
harry, chase, drive, herd or torment.
24.
Highway – Means all public ways and thoroughfares and bridges on
the same. It includes the entire width between the boundary lines of
every way open to the use of the public as a matter of right for the
purpose of vehicular travel. It includes those driveways in the State and
Reservation which have been opened to the use of the public, but does
not include private roads or driveways.
25.
Hunt or Hunting – Includes shooting, shooting at, pursuing, taking,
catching or killing any wild animal or animals except that hunt or
hunting does not include the recovery of any wild animals which has
already been lawfully reduced to possession.
26.
Hunting Hours – Means the time of day when wildlife may be
lawfully taken.
9
27.
Kansas Wildlife and Parks Commission – For purposes of this code,
is the regulatory agency for fish and wildlife purposes in the State of
Kansas.
28.
License – Means a written document granting authority to engage in
specific activities covered in this code.
29.
Member – Shall mean any enrolled member of the Iowa Tribe of
Kansas and Nebraska.
30.
Migratory Birds – Shall include but not be limited to the following:
(a) All species of Ducks, Geese, and Swans (Order Anseriformes).
(b) All shorebirds, wading birds, and seabirds (Order Gaviiformes,
Podicipedformes, Pelicaniformes, Ciconiiformes, Gruiformes).
(c) Mourning Dove (Order Columbiformes).
31.
Muzzleloader – Shall mean a single shot firearm in which the powder
and projectile is loaded through the muzzle end of the firearm.
32.
Nebraska Games and Park Commission – For purposes of this code,
is the regulatory agency for fish and wildlife purposes in the State of
Nebraska.
33.
Non-Indian – Means any person not legally recognized as a Native
American by blood percentage.
34.
Non-Member Indian – Means a legally recognized Native American
who resides on or visits a Reservation for which he/she is not enrolled.
35.
Officer – As used in this code, means any Law Enforcement or any
Fish and Wildlife Officer, authorized by the Tribe and/or this code, to
enforce the provisions of this code.
36.
Open Season – Means the time and/or days during which taking
certain species of fish and/or wildlife is legal.
37.
Possession Limit – Means having killed, taken or otherwise obtained
or acquired any wild animal or fish subject or the provisions of this
ordinance.
38.
Processed – Means at the time when wildlife has been butchered for
consumption, wrapped and packaged with the hunter’s name, year of
kill and permit numbered clearly printed on each package.
39.
Permit/Tag – Means any identification device issued for the
attachment to the carcass of any fish or wildlife.
10
40.
Raptors – Means a living migratory bird of the Order Falconiformes
or the Order Strigiformes. For simplification, bald eagle and golden
eagle is part of this definition.
41.
Reservation – Means all lands located within the States of Kansas and
Nebraska that are within the exterior boundaries or (and trust lands of
the Iowa Tribe of Kansas and Nebraska outside the same exterior
boundaries of) the Reservation of the Iowa Tribe of Kansas and
Nebraska.
42.
Roadway & Trail – Shall include but not limited to any public
highway or road, improve or otherwise, dedicated for public ingress
and egress. This does not include temporary trails across cultivated
land used for agricultural purposes.
43.
Size Limit – Means the specific size of species of fish and/or wildlife
that may be possessed legally.
44.
Take or Taking – Means pursuing, shooting, shooting at, hunting,
fishing, netting, (including placing or setting any net or other capturing
device) capturing, killing snaring or trapping any fish or wildlife or
attempting any of the foregoing.
45.
Timber – Shall include but not be limited to any woody vegetation
that is 10 feet or greater in height and consist of 6 inches of diameter or
greater at four an one half feet above the ground.
46.
Trapping – Includes the taking of, or attempting to take, any wild
animal, animal or fish 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, animal or fish.
47.
Tribal Fish and Wildlife Division – For purposes of this code, is the
Division created by the Iowa Tribe of Kansas and Nebraska Executive
Committee which has the power and is charged with the duty to
protect, conserve, enhance and manage all Fish and Wildlife species
within the exterior boundaries of (and trust lands of the Iowa Tribe of
Kansas and Nebraska outside the same boundaries of) the Iowa Tribe
of Kansas and Nebraska.
48.
Tribe – Means the Iowa Tribe of Kansas and Nebraska.
49.
Trust Land – Means land the U.S. Government holds legal title to for
the benefit of Indians.
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50.
Protected Species – Shall include but not be limited to Elk, Antelope,
Bison, Big-Horn Sheep, Moose, Mule Deer, Whitetail Deer, Wolf,
Lynx, Bobcat, Waterfowl, Upland Birds, Birds of Prey or Raptors,
Beaver, Mink, Muskrat, Otter, and any other species for which a closed
season is specified or for which taking is prohibited.
51.
Unprotected Species – Shall include but not be limited to Coyote,
Fox, Skunk, Badger, Raccoon, Prairie Dogs, Squirrels, Cottontail
Rabbit, Jack Rabbit, Marmot, Crows, Blackbirds, Wild Dogs and other
species for which a continuous open season exists.
52.
Upland Game Birds – Shall include but not be limited to Grouse,
Prairie Chicken, Pheasant, Partridge and Quail.
53.
Upland Game – Shall include but not be limited to Tree Squirrels,
Cottontail Rabbit and Jack Rabbit.
54.
Waterfowl – Shall include but not be limited to all varieties of Geese,
Brant, Swans, Ducks, Rails, Coots and Wilson Snipe.
55.
Wildlife – Shall mean any form of birds and mammals including their
nest or eggs.
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SECION 3:
GENERAL PROVISIONS
3.01
Activity Closure
For the purpose of this code, all hunting, fishing, and
trapping and/or parts thereof is closed within the exterior
boundaries of (and trust lands of the Iowa Tribe of Kansas
and Nebraska outside the same boundaries of) the Iowa
Tribe of Kansas and Nebraska unless authorized by the
Kansas Wildlife and Parks Commission or the Nebraska
Games and Parks Commission or Executive Committee.
3.02
Unlawful Take
Unless and except as permitted by regulation made
hereinafter provided by i8n this code, it shall be unlawful at
any time, by any means or manner to pursue, hunt, take,
capture, kill, harness, waste, or attempt to take, capture, or
kill, possess, offer for sale, harass, waste, sell, offer for
barter, barter, offer to purchase, deliver for shipment, ship,
export, import, deliver for transportation, transport or
cause to be transported, carried, or cause to be carried, or
receive shipment, transportation, carriage, or export any
fish or wildlife, any part or any product, whether or not
manufactured, which consists, or is composed in whole or
part, of any such fish, wildlife or any part included in the
terms of this code.
3.03
Title to Fish and Wildlife
(1) The legal title to, and the custody and protection of all
fish and wildlife within the exterior boundaries of (and trust
lands of the Iowa Tribe of Kansas and Nebraska outside the
same boundaries of) the Iowa Tribe of Kansas and
Nebraska is vested in the Tribe for the purposes of
regulating use, disposition and conservation thereof.
(2) The legal title to any such fish or wildlife, or carcass
and/or part thereof, taken or reduced to possession in
violation of this code remains with the Tribe; and the title
to any such fish or wildlife, or carcass an/or part thereof,
lawfully acquired, is subject to the condition that upon the
violation of this code relating to the possession, use, giving,
sale barter, or transportation of such fish or wildlife, or
carcass and/or part thereof, by the holder of such title, the
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same shall revert, as a result of the violation to the Tribe.
In either case, any such fish or wildlife, or carcass and/or
part thereof, may be seized forthwith, wherever found, by
the Tribal Fish and Wildlife Division or any law
enforcement official authorized to enforce the provisions of
this code.
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SECTION 4:
ADMINISTRATION AND SUPERVISION
4.01
There is hereby created a Division to be known as the Iowa
Tribe of Kansas and Nebraska Fish and Wildlife Division,
which shall have the power and be charged with the duty to
protect, conserve, enhance, manage all Fish and Wildlife
species within the exterior boundaries of (and trust lands of
the Iowa Tribe of Kansas and Nebraska outside the same
boundaries of) the Iowa Tribe of Kansas and Nebraska.
This Division also had the responsibility to enforce the
provisions of this code and to carry out the policies and
directions of the Executive Committee in all matters
relating to Fish and Wildlife activities. The Division shall
review, promulgate, and refer policy decisions to the
Executive Committee for action.
4.02
Director of Fish and Wildlife Division
(1) The Executive Committee shall appoint a Director for
the Iowa Tribe of Kansas and Nebraska Fish and Wildlife
Division, who shall have all the rights of employment
enjoyed by the Tribal employees. The Director shall be
responsible to the Executive Committee or its authorized
representative for the successful operation of the Division.
(2) The Director shall have knowledge of and experience in
Fish and Wildlife resources, protection, conservation,
restoration and management. The Director shall devote
his/her entire working time to the service of the Iowa Tribe
of Kansas and Nebraska in the discharge of his/her official
duties.
(3) The Director shall have executive authority and
control of the Division and its employees to the end that the
policies of the Executive Committee shall be carried out in
accordance with the ordinances, resolution and
proclamations of said Executive Committee. The Director
shall have full control of and be responsible for all property
of the Tribe acquired and held for the purposes
contemplated by this code. He/ she shall, with the consent
of the Executive Committee or its authorized
representative, appoint such full-time or temporary officers,
wardens or other essential assistants and employees from
the membership of the Tribe at his/her discretion. In the
event that no qualified tribal members fill such full-time or
temporary positions, the Director shall have the authority to
appoint qualified non-members or non-Indians to those
positions. In cases of emergencies, the Director may
15
exercise the powers of the Executive Committee until such
time as the Executive Committee meets or the emergency
ends.
(4) The Director is authorized and directed to:
A. Report and be responsible to the Executive Committee.
B. Plan, propose for enactment, and enforce tribal regulations
relating to the setting of annual seasons and limits for
harvesting of fish and wildlife resources.
C. Design and implement a plan for the issuance of licenses,
permits, tags and for the collection of fees.
D. Formulate and publish the respective proclamations
annually
according to information gathered from census and studies.
E. Maintain records of all licenses and permits issued for the
purpose of hunting, fishing, trapping, and wood cutting.
F. Cooperate with and assist the General Council, Executive
Committee, Community Leaders, Federal, State, County
Agencies and individuals.
G. Enforce all Tribal regulations and proclamations necessary
for implementing and administrating the provisions of this
code.
H. Supervise all Division Personnel and delegate authority as
necessary.
I. Establish checking stations to gather biological data, inspect
licenses, permits, equipment and vehicles for compliance of
this code.
J. Establish applications for special permits for the taking of
fish and wildlife for disabled persons, subsistence and
ceremonial purposes on a need only basis in accordance
with federal law.
K. Develop regulations, for adoption by the Executive
Committee.
4.03
Collection of Permit Fees, Forfeitures, and Fines
The Executive Committee will establish a Tribal fund or
account to deposit monies collected from the sale of
16
license, permits and tags. Monies collected from fines,
penalties, forfeitures and/or civil recoveries through an
appropriate forum empowered to hear cases pursuant to this
code shall be deposited into this account. In the event
violations of this code are prosecuted in federal court, the
Director shall make formal request to the U.S. Attorney for
civil restitution from persons violating any provision of this
code. Monies collected from the Federal Courts or respective
clerk of courts shall be deposited into this account.
4.04
Expenditure of Funds
The Director shall have the authority to expend
appropriated funds and monies deposited in the special
account for the following:
(1) Conservation, protection and enhancement of the
Reservation’s fish and wildlife resources.
(2) Enforce provisions of this code, or any rule or regulation
adopted pursuant to this code.
(3) Information and Education programs.
4.05
Cooperation and Reciprocal Agreements
The Director is authorized, subject to the approval of the
Executive Committee, to enter into reciprocal and
cooperative agreements with the State of Kansas and
Nebraska or any Federal, County and Local Governmental
Agency for the purpose of promoting and implementing
fish and wildlife management programs and activities.
17
SECTION 5:
DUTIES OF TRIBAL CONSERVATION OFFICERS
(1) Conservation Officers shall enforce tribal laws and
proclamations and the rules and regulations of the Division.
(2) Conservation Officers shall ensure that any person who
hunts, fishes, traps or cuts wood thereof have in possession
the appropriate license, permits and/or tags and are
complying with all rules, regulations and laws.
(3) Conservation Officer5s shall assist the Director in
his/her supervision and management of all natural
resources on the Iowa Tribe of Kansas and Nebraska, and
shall perform all other duties described or delegated by the
Director.
(4) Conservation officers shall keep a detailed daily log of
activities and make biweekly reports of these activities
describing by total number, miles, contracts, violations,
dispositions, surveys and what activities were performed or
completed during the preceding weeks.
(5) Conservation Officer may not settle or compromise an
alleged Natural Resource violation for which a citation was
issued.
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SECTION 6:
ENFORCEMENT
6.01
Enforcement by Tribal Conservation Officers
Any provision of this code may be enforced by Tribal
Conservation Officers of the Iowa Tribe of Kansas and
Nebraska Fish and Wildlife Division, or Bureau of Indian
Affairs Law Enforcement Personnel, and any federal Fish
and Wildlife Enforcement Personnel commissioned by the
Tribe.
6.02
Enforcement by State Conservation Officers
State Conservation Officers may be authorized to enforce the
provisions of this code and to institute proceedings in the
appropriate forum empowered to hear such cases by use of
citation forms of that Department, or refer the matter to the
appropriate Tribal Conservation Officers for further
investigation or action.
6.03
Search and Seizure when Authorized
Any person authorized to enforce the provisions of this
code may conduct a search of a person, object or place and
seize objects when the search is made.
(1) With consent;
(2) Pursuant to valid search warrant;
(3) Within the authority and scope of a lawful inspection.
(4) As otherwise authorized by law or provisions of this code.
(5) Incident to Arrest.
6.04
Investigation and Citations
(1) Any person authorized to enforce the provisions of this
code may be subject to subsections 6.04(8), conduct routine
inspections of vessels, boats, wagons, trailers, automobiles,
vehicles, snowmobiles, containers, packages, tents and
other receptacles contained therein, utilized by nay person
in a harvest activity authorized by this code and records of
commercial transactions.
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(2) Any person authorized to enforce the provisions of this
code may execute and serve warrants and other process
issued by any appropriate state or federal forum or tribal
commission empowered to hear such cases in accordance
with applicable law.
(3) Any person authorizes to enforce the provisions of this
code may stop and board any boat, or stop any vehicle of
the Officer has probable cause that there is a violation of
any provision of this code.
(4) Any person authorized to enforce the provisions of this
code may with or without a warrant, open, enter and
examine vessels, boats, wagons, trailers, automobiles,
vehicles, snowmobiles, packages and other receptacles
contained therein, in which the Officer has probable cause
to believe that contraband fish, wildlife, or carcasses, or
parts thereof, may be contained.
(5) Any person authorized to enforce the provisions of this
code may issue a citation on a form approved by the Tribe,
or by any other appropriate federal or state forum or
commission empowered to hear cases filed pursuant to this
code, to any person upon finding probable cause that such
person(s) has violated any provision of this code.
(6) Any person authorized to enforce the provisions of this
code may seize and hold, subject to the order of an
appropriate tribal, state or federal forum empowered to hear
such cases, any alleged contraband or property which such
officer reasonably believes may be needed as evidence in
connection with the instigation of proceedings in any
appropriate state or federal forum or tribal commission
empowered to hear such cases or federal court or any
property otherwise authorized to be seized by any provision
of this code.
(7) Any enforcement officer(s), authorized by this code, in
the course of their duties, may enter upon private land
within the exterior boundaries of (and trust lands of the
Iowa Tribe of Kansas and Nebraska outside the same
boundaries of) the Reservation and remain thereon while
performing such duties hereunder and such actions by the
Officer(s) shall not constitute trespass.
(8) The inspections authorized by subsection 6.04(1) shall
be conducted in a manner and at such times and locations
as are reasonable and appropriate in the ordinary course of
routine enforcement activities.
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(9) An arrest may be executed by any Officer authorized by
this Code through any appropriate tribal, state or federal
forum empowered to hear such cases on reasonable belief
of eminent danger to life or property.
6.05
Registration Information
Any Officer(s) are hereby empowered to request and
receive from tribal tag and permit issuance station, and
harvest registration stations, information regarding tag and
permit issuance and harvest registration.
6.06
Penalties and Sanctions
(1) Civil Penalties
A. Any person who engages in conduct prohibited by any
provision of this code and in the exercise of due care
should know that the fish or wildlife were taken, possessed,
transported, sold in violation of, or in a manner unlawful
under any provision of this code, may be assessed a civil
penalty by the appropriate court authority, of not more than
$1,000.00 for each violation. Any violation of federal law
shall be as provided in said law.
B. No civil penalty may be assessed under this subsection
unless the person accused of the violation is given notice
and opportunity for a hearing with respect to the violation.
Each violation shall be deemed a separate offense.
C. Civil jurisdiction over all matters under this ordinance
shall be with a tribal commission or court of competent
jurisdiction empowered to hear such cases which shall
adjudicate in accordance with this code all questions,
complaints, and alleged violations involving the provisions
of this code.
(2) Criminal Penalties
Any person who knowingly violates any provision of this
code and knowingly or in the exercise of due care knows that
the fish or wildlife were taken, possessed, transported or sold
in violation of this code, may be assessed a criminal penalty
by the appropriate court authority of not more than $1,000.00
or imprisoned not more that one year or both. The penalty for
any violation of federal law shall be as prescribed in federal
law.
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(4) For any violation, a revocation or suspension of Reservation
hunting, fishing or trapping privileges for a period not to
exceed one year or for a period of time within the discretion of
the appropriate tribal forum may impose.
(5) For any violation, a civil remedial forfeiture of any
property, including boats, motors, vehicles, hunting, fishing,
trapping or other property, used in the commission of the
violation of this code shall occur.
(6) Upon conviction of any person for a violation of this code
when such person has been convicted of a previous violation
of this code within a period of one year, the court or tribal
commission may enhance any civil remedial forfeiture or
other penalty as the appropriate tribal forum deems appropriate.
(6) Civil Damages
In addition to any penalty imposed by this code in any court or
forum of competent jurisdiction, the Tribe may bring a civil
action for recovery of damages against any person(s)
unlawfully killing, wounding, catching, taking, trapping or
having unlawfully in their possession any of the following
named fish or wildlife species, or any part thereof; shall not be
less that the amount stated in this section.
Civil Recovery Value
“RESERVED”
6.07
Forfeited Bond Schedule
The Tribal Commission empowered to hear such cases and
Federal Court, in consultation with the Tribe’s governing
body, Division Director, and the U.S. Attorney, as
appropriate, may adopt a bond schedule or a schedule of
forfeiture to be imposed by the Court(s) or Commission
upon the receipt of an admission that a violation if this code
has occurred, or a plea of no contest, which may be done
either in person or in a writing. This schedule shall not bind
the court or commission after adjudicating a violation
where the defendant has entered a plea of not guilty.
Forfeited Bond Schedule
“RESERVED”
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6.08
Parties to a Violation
(1) Whoever participates in the commission of a violation
of this code shall be deemed a principal and may be
charged with the violation, in a forum or court of
competent jurisdiction, although he/she did not directly
commit it and although the person who directly committed
the violation has not been convicted of the violation.
(2) A person participates in the commission of the violation
of the person:
(a) Directly commits the violation;
(b) Aids or abets in the commission of; or
(c) Is a party to a conspiracy with another to commit the
violation, or advises, hires, or counsels, or otherwise
procures another to commit the violation.
6.09
Harvesting After Revocation or Suspension
No person whose Reservation hunting, fishing or trapping
or wood cutting privileges have been revoked or
suspended, shall hunt, fish, trap or cut wood on the Iowa
Tribe of Kansas and Nebraska any fish or wildlife, the
harvest of which is regulated by this code, during such
revocation or suspension.
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SECTION 7:
GENERAL RULES AND REGULATIONS
7.01
Permits and Identification
(1) No person shall engage in the activity of hunting, fishing,
trapping or cutting wood regulated by this code without
acquiring or in possession of a valid Tribal License, permit
or tag as this code may require, validated for the particular
season or activity in question.
(2) The Tribal Fish and Wildlife Division is authorized to issue
to persons, licenses required by this code. Except as
otherwise required by this code, the forms of such permits
or licenses shall be left to the discretion of the Tribal Fish
and Wildlife Division provided such form shall: describe
the licensee, including applicant’s weight, height, color of
eyes, color of hair, address (including street and/or box
number), phone number, date of birth, and social security
number. This form shall also have printed on it: “NonTransferable”, date of issuance, date of expiration, type of
issuance.
(3) Persons who hunt, fish, trap or cut wood on their own land
shall provide a legal description of the minimum acreage of
land owned to qualify for a hunt/fish – on-your-land permit.
The legal description shall include the township, range and
section numbers and the country in which located.
(4) No person shall refuse to display his/her identification
documents or any other documents or permits required by
this code to any Tribal, Federal, State, or local Law
Enforcement Officer upon request by such Officer.
(5) No person to whom any license has been issued under this
code shall, when requested by the Tribal Fish and Wildlife
Division, fail or refuse to provide harvest reports and data
and such other relevant information as may be requested.
7.02
Wanton Waste of Fish and Wildlife
(1) No person who takes any fish or wildlife shall abandon
intentionally, or needlessly allow to go to waste, any thereof.
The failure of any person to properly dress and care for any fish
or wildlife species taken or killed by that person and if the
carcass is reasonably accessible, the failure to take or transport
the carcass to the residence of that person, or place for proper
storage, and there properly care for the carcass within 48 hours
after taking or killing, is a prima facie evidence of a violation.
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(2) No person shall abandon edible portions of fish or wildlife
at a meat processing plant. The leaving of edible portions of
fish or wildlife at a processing plant for more than 90 days shall
be considered prima facie evidence of a violation. The owner(s)
or operator(s) in charge of any meat processing plant shall
report the violation to the Division Director, or to any Local
Law Enforcement Agency for referral to the Division Director.
7.03
Larceny of Fish or Wildlife
(1) No person shall take, capture, or kill, or attempt to take,
capture or kill any fish or wildlife with the aid of dynamite or
any explosive, poisonous, or stupefying substance or device.
7.04
Use of Poison and Explosives
(1) No person shall place in any waters explosives which
might cause the destruction of any fish or wildlife except
when authorized by the Division Director, or have in his/her
possession or under his/her control upon any waters any
explosive, poisonous or stupefying substance or device
for the purpose of taking, catching, or killing any fish or
wildlife.
(2) No person shall use, set, lay or prepare in any waters of
the Reservation any lime, poison, fish berries, or any other
substance deleterious to fish life; or use baits containing
poison of any description in any area of the reservation or
other place where such baits might destroy or cause the
destruction of fish or wildlife; and the possession of any
such poison, baits, or substances deleterious to fish or
wildlife regulated by this code is prima facie evidence of
a violation of this section.
(3) No member shall take, capture, or kill or attempt to take,
capture, or kill any game-bird by setting or operating any trap
or device designed, built or used to capture birds.
(4) Nothing in this code shall prohibit the Tribal Fish and
Wildlife Division or its designated agents from using
explosives or possessing explosives for the purpose of
removing beaver dams, clearing a channel or breaking a log or
ice jam or for the creation of wetlands.
7.05
Throwing Refuse in Waters; Abandoning Automobiles,
Boats or other Vehicles
No person shall deposit, place or throw into any Reservation
waters, or leave upon the ice or in such waters any cans, bottles,
25
debris, refuse or other solid waste material; and no person shall
abandon any automobile, boat or other vehicles in such waters.
Any automobile, boat or other vehicles not removed from such
waters within thirty (30) days shall constitute abandonment.
7.06
Scientific Investigations
(1) The Tribal Fish and Wildlife Division’s biological services
personnel may conduct investigations of fish and wildlife in
order to develop scientific information relating to populations,
distribution, habitat needs, and other biological data in order to
advise the Tribe on conservation measures designed to ensure
the continued ability of fish and wildlife to perpetuate
themselves.
(2) The Tribal Fish and Wildlife Division 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 code on such terms and conditions as it deems appropriate,
as long as those methods are reasonable and acceptable to the
scientific community.
(3) Nothing in this section shall authorize any person to exceed
the biological safe harvest level of any species.
7.07
Seasons
No person shall engage in the Reservation harvest privileges
regulated by this code, except during the respective seasons
established pursuant to this code.
7.08
Unlawful Possession of Fish and Wildlife
No person shall have in his/her possession or under his/her
control at any time any fish, wildlife or carcass and/or part
thereof, knowing that the same has been taken unlawfully or
during a closed season for such species.
7.09
Bag Limits; Possession Limits
No person shall have in his/her possession or under his/her
control any fish or wildlife in excess of the bag or possession
limits or above or below the size limits for any fish or wildlife
as established by this code.
7.10
Sharing of Permits and Tags
Except as otherwise provided in this code, no person shall lend,
share, give, transfer, sell, barter or trade to any person any
26
identification document, permit or tag issued under permit
issued by the Division Director.
7.11
Harvesting with Another’s Permit
No person shall hunt, fish, trap or cut wood while in possession
of any permit or tag issued to another except when authorized
under permit issued by the Division Director.
7.12
Shining Animals
(1) It shall be unlawful for any person to shine a spotlight,
headlight or any other artificial light for the purpose of locating,
hunting, pursuing, taking or attempting to take or kill any fish
or wildlife.
(2) This subsection shall not apply to:
A. Any person who possesses a flashlight or uses a flashlight
while on foot to track or hunt raccoon, foxes, skunks,
coyotes or any other unprotected species, accompanied by
hunting dogs.
B. Any person authorized to enforce the provisions of this
code while on official business conducting an active
investigation.
C. Any person authorized to conduct fish or wildlife censuses
or surveys.
7.13
Duties on Accidental Shooting
Any person who, while hunting any fish or wildlife discharges
a firearm or arrow and thereby injures or kills another person,
shall forthwith give his or her name and address to such person
if injured and render assistance to him or her as may be
necessary and obtain immediate medical or hospital care, and
shall immediately report such injury or death to the proper law
enforcement authorities.
7.14
Failure to Report Hunting Accidents
Any person who has caused or been injured in an accident in
which another person has been injured by gunfire or by an
arrow while hunting, fishing, or trapping or has inflicted an
injury upon himself or herself with a firearm or arrow while
hunting, fishing or trapping, shall render or cause to be
27
rendered a report to the Division Director. Failure to report
such an accident shall constitute a violation of this section.
7.15
Hunter Education Requirement
Any person 16 years or older and born after July 01, 1977 must
have completed a certified Reservation, State or Canadian
Hunter Safety Course and show proof of successful completion
to the authorized license vendor to purchase a hunting or
furbearers license.
7.16
Age Restrictions
(1) No person under 10 years of age may hunt Deer while
possessing a firearm or bow and arrow.
(2) No person under the age of 15 years may hunt or trap while
possessing a firearm or bow and arrow unless he or she is
accompanied by a licensed or permitted parent, guardian or
other adult designated by a parent or guardian and has
successfully completed a certified Reservation, State or
Canadian Hunter Safety Course and can show proof of
successful completion to the Law Enforcement Official
requesting identification.
7.17
Parental Obligation
No parent, guardian or other person shall authorize or
knowingly permit or encourage a child to violate any provision
of this code.
7.18
Hunting, Fishing, and Trapping while Intoxicated
No person shall hunt, fish or trap while under the influence of
alcohol, intoxicant or controlled substance to a degree that the
person is incapable of safely using such weapon or equipment,
or while a person has a blood alcohol concentration of 0.08% or
more by weight of alcohol in the person’s blood or 0.08 grams
or more of alcohol in 200 liters of that person’s breath.
7.19
Resisting a Conservation Officer
No person shall assault or otherwise resist or obstruct any law
enforcement officer authorized to enforce the provisions of this
code in the performance of duty.
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7.20
False Impersonation of an Enforcement Officer
No person shall falsely represent himself/herself to be a law
enforcement officer authorized to enforce the provisions of this
code, or shall assume to act as such an officer, without having
been duly appointed.
7.21
General Restrictions on Hunting and Trapping
(1) Hunting in Restricted Areas; No Person Shall
A. Hunt within 1700 feet of any hospital, school and/or
grounds, or any public establishment and/or grounds.
A. While on lands of another, discharge a forearm within
400 feet of any building devoted to human occupancy situated
on lands and attached to the lands of another without the
express permission of the owner or occupant of the building.
B. Hunt or pursue any wildlife, or enter for the purpose of
hunting or pursuing any wildlife on any legally posted lands
without the express permission of the owner or occupant. Trap
or pursue furbearers on legally posted land without permission
from the owner or occupant.
C. Leave any gate, bars or other devices used to enclose
land or livestock open upon entering or exiting the premises for
the purpose of hunting or pursuing wildlife unless he/she is in
lawful possession of the premises.
D. No person shall drive off any established roadway
while hunting, fishing or trapping.
E. In any manner deface, destroy, or remove any signs
posted in a legal manner.
(2) Color of Clothes
No person shall hunt any wildlife except for bow hunters
during big game hunting seasons unless 400 square inches of
the persons clothing above the waist is of a highly visible color
referred to as: Hunter Orange, Blaze Orange, Fluorescent
Orange, Flame Orange.
(3) Transportation of Firearms and Bow & Arrow
A. No person shall at any time transport a firearm with a
round in the chamber or revolvers with cartridges in the
cylinder or a loaded shot gun.
29
(4) Safe Use of Firearms and Bows
A. No person shall hunt while possessing a loaded firearm or
strung bow or crossbow within 50 feet of the center of a
maintained roadway.
B. No person shall load or discharge a firearm or bow of any
type across a maintained roadway.
C. No person shall load or discharge a firearm or bow of any
type in or from a motor vehicle.
(5) Restrictions on Use of Bait.
A. No person shall place or hunt over bait unless such
material is present from normal agricultural practices.
B. No trapper or person shall set any trap within 30 feet of any
exposed bait visible to airborne raptors. Exposed bait means
meat or viscera of any animal, bird or fish with or without the
skin, hide or feathers.
C. No person shall place, use or hunt over bait containing, or
contained within, metal, plastic, glass, wood or nonbiodegradable materials.
(6) Exceptions
A. These subsections shall not apply to any person authorized
to enforce this code, who in the line of duty places, possesses,
transports, loads or discharges a firearm in, on or from a motor
vehicle or motorboat or discharges a firearm from or across a
maintained roadway or within 50 feet of the center of a
maintained roadway in a motorized vehicle while conducting
an active investigation, surveys, or wildlife and fisheries
counts.
7.22
Hunting or Harassing Wildlife with Aircraft
No person shall hunt or harass any wild animal with the aid of
any type of aircraft. Exception is the authorized use of aircraft
to perform population censuses or to remove depredating
wildlife with the consent of the Division Director.
7.23
Pivot Guns and Similar Devises
No person shall place, operate or attend, spread, or set any net,
pitfall, spring gun, pivot gun, swivel gun, or other similar
30
contrivance for the purpose of catching or which might catch,
take or ensnare wild animals.
7.24
Tampering with Equipment of Another
No person shall molest, disturb, tamper with or in any way
interfere with any hunting, fishing, trapping, wood cutting or
other equipment used, set or placed by another except with the
owner’s permission.
7.25
Endangered and Threatened Species Protected
Except as otherwise permitted by law, no person shall take,
transport, possess, or sell any endangered and threatened
species as defined in Section 2.
7.26
Wildlife Refuge Established
(1) No person shall enter any designated Tribal or Federal
Refuge for the purpose of taking, pursuing, harassing, killing or
disturbing any wildlife or fish.
(2) This subsection shall not apply to any person authorized to
perform directed management and enforcement duties as
permissible by the Iowa Tribe of Kansas and Nebraska.
7.27
Unprotected Species
Except as otherwise expressly provided, nothing in this code
shall be construed to prohibit or regulate the harvest of any
unprotected species as defined in Section 2 of this code.
7.28
Protected Species
No person shall hunt, fish, trap, take, pursue, harass, disturb,
sell, purchase, or barter any protected species as defined in
Section 2 of this code, except those species whose harvest is
specifically regulated pursuant to the provisions of this code.
7.29
Permissible Conduct
(1) Conduct which is not expressly prohibited, restricted, or
otherwise regulated by this code shall be deemed permissible.
(2) Except as otherwise provided herein, nothing in this code
shall be construed to prohibit a person form hunting, fishing,
trapping, or wood cutting with an enrolled member of the Iowa
Tribe of Kansas and Nebraska, provided that the non-member
or non-Indian possesses a license or permit and is otherwise nor
31
prohibited from engaging in the activity involved and complies
with the laws of this code or proper jurisdiction.
7.30
Emergency Closures
(1) Notwithstanding any other provisions of this code, the
Division Director is hereby authorized and empowered to order
closure of the harvest activity of any species, generally or with
respect to a particular location or body of water, whenever in
his/her professional opinion and judgement, the harvest or
activity is likely to result in a harvest exceeding the harvest
goals and quotas or danger to the public.
(2) Every reasonable effort shall be made to consult with and
obtain the approval of the Tribe prior to ordering an emergency
closure, but such closure order may be ordered without
consultation or approval if circumstances require.
(3) An emergency closure shall become effective immediately
upon issuance or at such time or date as the closure may direct.
Such closure shall be communicated to the Tribe by the best
and swiftest practical method.
(4) No person shall violate the terms, conditions, or restrictions
of an emergency closure order issued pursuant to this section.
7.31
Hunting Hours
No person shall pursue, shoot, kill or attempt to take any
wildlife between ½ hour after sunset of one day and ½ hour
before sunrise of the next day. No person shall pursue, shoot,
kill or attempt to take any waterfowl or migratory game birds
between sunset of one day and sunrise of the next day.
7.32
Obtaining Permission
(1) No person shall hunt on tribal lands, trust lands or private
land without verbal or written permission of the Tribe or
individual landowner.
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SECTION 8:
BIG GAME HARVEST REGUALTIONS
8.01
General Big Game Provision
It shall be unlawful for any person to hunt, take, harvest, or
pursue any big game animal by any method other than
prescribed in this code and/or section.
8.02
Open and Closed Season
(1) A closed season is hereby established for the hunting of big
game except for open seasons specified in Section 8.10 or
proclamations established pursuant to this code.
(2) Except as otherwise expressly approved by this code, no
person shall hunt big game on the Reservation during a closed
season.
8.03
Number of Big Game permits Available
The number of big game harvest permits available for harvest
in each big game unit pursuant of this code for each twelve (12)
month period commencing January 1 and ending December 31
shall be limited to the number established by the Fish and
Wildlife Division. No permit will be issued after the opening of
a season.
8.04
Big Game Permits/Tags
(1) No person shall hunt big game on any lands if the Iowa
Tribe of Kansas and Nebraska pursuant to this chapter without
possessing a valid big game license or permit approved by the
Tribe.
(2) No person shall hunt big game without possessing a valid
carcass tag, except as provided in Section 8.14 (Group
Hunting).
(3) The Tribal Fish and Wildlife Division shall not issue more
than one tag at one time to a person except as authorized in
Sections 8.07 and 8.09, where exceptions for special permits
are allowed.
(4) No Big Game permits shall be considered valid for any Big
Game Unit or Reservation Lands:
A. Which is shown to be closed.
B. For which the permit is marked as invalid.
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C. On which any big game permit unit or reservation
harvest number has been slit, punched through or otherwise
crossed out in any fashion.
(6) No person shall move or field dress any big game
animal before affixing to it a valid carcass tag.
(6) No person shall move or field dress any big game animal
without making a cut or punch through the date of kill.
(7) No permit may be issued after 4:30 pm on the closing date
of the application period.
(8) No person shall hunt and harvest big game in a unit or on
Reservation lands that is different that the unit or lands stated
on the valid permit.
(9) No person shall harvest and/or tag big game of any species
or sex without the appropriate license or carcass tag.
(10) No person shall hunt or harvest big game without their
valid license(s) and tag(s) in possession.
(11) No person designated to harvest big game for a Senior
Citizen or Disabled Person shall fail to deliver the validly
tagged carcass to such Senior Citizen or Disabled Person.
8.05
Accompaniment of Big Game
It shall be unlawful for any big game permittee to transport any
big game without being properly tagged until such time as the
carcass is processed. Nor shall anyone knowingly accept for
and transport another’s big game without the valid license
holder’s written permission from the person providing the game
or parts thereof. This section shall not apply to any authorized
enforcement persons who in the course of their duties, transport
any such seized big game, or Senior/Disabled Citizens under
Section 8.07.
8.06
Accompaniment by Non-Licensee
It shall be unlawful for any big game permittee to be
accompanied in the field by a non-licensee carrying a firearm
or bow and arrow. A non-licensee is a person not having a valid
Tribal Big Game License.
8.07
Senior Citizen and Disabled Permits
34
(1) No person other than the designated hunter or Senior or
Disabled Citizen may hunt, harvest, transport or possess any
big game with a Tribal issued Senior or Disabled Citizen Big
Game Permit. No designated hunter may possess more than one
Senior or Disables Citizen Big Game Permit per season.
(2) Senior or Disabled Citizen Big Game Permits will be
considered provided:
A. The applicant meets the age requirement of 55 or older
and/or disability requirements established by the Division
Director.
B. The applicant completes and submits the appropriate Big
Game application.
C. If disabled, provide appropriate documents proving such
person is disabled.
D. Designate one person who will possess the license, hunt
and harvest, transport and deliver the carcass to the Senior
Citizen or Disabled Person.
8.08
Special Provisions for Disabled Persons
(1) It shall be unlawful for anyone to hunt in the same manner
as/with a disables person who is in the act of hunting under a
waiver of certain restrictions of this code.
(2) Waiver of restrictions listed below will be permitted after
proof of disability is confirmed.
A. Shoot from a roadway.
B. Shoot from a vehicle that is not moving.
C. Park off an established trail not further than 100 feet.
8.09
Special Big Game Permits
(1) No person shall possess, hunt or harvest any big game for
special purposes without possessing a valid permit approved by
the Tribe and Division Director.
(2) To obtain a Special Big Game Permit, one must make
application to the Division Director containing the following
information:
A. Purpose of permit request.
35
B. Period of requested harvest.
C. Designated hunter’s name, address, social security or
Tribal Enrollment Number, Hunter Safety Number (if
applicable), phone number, height, weight, color of eyes, color
of hair, date of birth.
D. Name of person requesting permit, address, phone
number, social security number or Tribal Enrollment Number.
E. Description of vehicle to be used for transporting big
game.
F. Land Owner/Tenant Permits
For fish/hunt-on-your-own land-permit, person must own or
control at least 40 acres or more and provide a legal description
of land owned. The legal description shall include the township,
range and section numbers and the county in which located.
Those eligible for permits are husband, wife, son or daughter.
8.10
Big Game Season
(1) No person shall hunt big game from the close of the
specific season to the opening of the next specific season of the
following year.
(2) Each year a regular firearm and bow season shall be
established by the Tribe’s governing body, or its designee, with
the following limitations:
A. The regular seasons for hunting big game animals with
the use of firearms or bow shall not open prior to the second
Saturday of September or close later than the last Sunday of
December of each year.
8.11
Permissible Methods
No person shall hunt big game animals except by use of any
firearm or bow and arrow, the use of which is not prohibited by
this code.
8.12
Firearms Restriction
36
No person shall hunt big game animals:
(1) With a .410 gauge shotgun (except for Turkey Season, any
.410 to 10 gauge with a shot size of 7 ½ to 2 shot only).
(2) With any handgun except a handgun which is leaded with
.357, .41, .44 magnum or larger caliber handgun chambered for
commercially manufactured cartridges which produce a
minimum muzzle energy of 500 foot pounds and which has a
minimum barrel length of six (6) inches measured from the
muzzle of the firing pin with the action closed.
(3) With any shell, cartridge or ammunition known as a tracer
shell, or with incendiary shells or cartridges,
(4) With a shot shell containing shot of any size less than a
slug. (DEER)
(5) With a gun having the capacity to hold more than eight (8)
shells in the clip or magazine.
(6) With a gun capable of being fired as an automatic.
(7) With a gun having a silencer or sound suppressor device.
(8) With a rifle with a barrel less than a 16 inch barrel.
(9) With a shotgun with a barrel of less than 18 inches.
(10) With any altered projectiles.
(11) With a muzzleloader of less that 45 caliber.
8.13
Bow/Crossbow Restrictions
No person shall hunt big game:
(1) With a bow having pull strength less than 40 pounds or
using an arrow less than 24 inches that does not have a
broadhead.
(2) With a crossbow unless the crossbow:
A. Is fired from a shoulder.
B. Has a minimum draw weight of 100 pounds.
C. Has a stock of not less than 30 continuing inches in length.
37
D. Is used with arrows or bolts of not less than 14 inches with a
broadhead.
E. Has a working safety.
8.14
Group Deer Hunting
As used in this section:
(1) “Contact” means visual or voice contact without the aid of
any mechanical or electrical amplifying device other than a
hearing aide.
(2) “Group Big Game Hunting Party” means two (2) or more
persons lawfully hunting big game in a group under this code.
(3) Any person of a group big game hunting party may kill big
game for another person of the group if the following
conditions exist:
A. At the time and place of the kill, the person who kills the big
game must be in a verbal contract with the person for whom the
big game was killed.
B. The person for whom the big game is killed possesses a
current unused big game license and carcass tag valid for the
unit or Reservation lands in which the big game is killed.
C. A person who kills the big game must ensure that a
person of his/her group big game hunting party without delay
must attached and validate a carcass tag prior to field dressing
and moving the animal. No person who kills an animal under
this provision shall leave the animal unattended until after it is
properly tagged.
8.15
Hunting Hours
Except where otherwise expressly authorized, no person shall
pursue, shoot, kill or attempt to take any big game animal
between ½ hour after sunset of one day and ½ hour before
sunrise of the next day.
8.16
Transportation
No person shall transport any untagged big game animal in or
on any motor vehicle. All big game animals must be properly
tagged before transporting.
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8.17
Hunting on Certain Lands Prohibited
No person hunting under a Tribal Big Game Permit shall hunt
on any designated Tribal, Federal or State Wildlife Refuge
unless permitted by the laws of the appropriate jurisdiction with
appropriate license or required permit.
8.18
Sale of Big Game and Big Game Parts
(1) No person shall sell, purchase, barter, or trade any big game
animal or meat from any big game animal.
(2) No person shall sell, barter, or trade any blood antler or
antler in velvet from any big game animal.
(3) Nothing in this code shall prohibit the sale of hides, bones,
heads, or dried antlers from a legally harvested big game
animal or the trading of such parts for use in traditional or
religious ceremonies. Dried antlers that have been naturally
shed or dropped by big game animals may be sold, purchased
or traded.
(4) Nothing shall prohibit the sale of big game managed by the
Tribe or Tribal Fish and Wildlife Division for management and
financial purposes to further develop their respective programs.
8.19
Removal and Retention of Tags
(1) No person who kills big game pursuant to this code shall
remove a carcass or registration tag from that big game animal
until such time as the carcass is butchered or processed for
consumption.
(2) No person who kills big game animals pursuant to this code
shall dispose of the carcass tag until all the meat is consumed.
All packaged meat must have the hunters name, year of kill and
license number clearly printed on each package.
(3) Any person who receives meat from another as a gift is
exempt from the carcass tag provision but must clearly print the
date received on each package and initial each package.
8.20
Legal Big Game Equipment
Shotgun
(1) Deer – 20 to 10 gauge with a single slug only.
(2) Turkey – 410 to 10 gauge with a shot size of 7 ½ to 2 shot.
Bow & Arrow
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Conventional or Compound Bow with a draw weight of not less
than 40 lbs., that shoots only 1 arrow of 24” or more in length
at a time and equipped with a broadhead.
Crossbow
A. Is fired from the shoulder.
B. Has a minimum draw weight of 100 pounds.
C. Has a stock of not less than 30 continuing inches in length.
D. Is used with arrows or bolts of not less than 14 inches with a
broadhead.
E. Has a working safety.
Muzzle Loader
45 Caliber or larger, equipped with open, peep, red dot, or
magnifying scope
Handgun
With any handgun except a handgun which is leaded with .357,
.41, .44 magnum or larger caliber handgun chambered for
commercially manufactured cartridges which produce a
minimum muzzle energy of 500 foot pounds and which has a
minimum barrel length of six (6) inches measured from the
muzzle to the firing pin with the action closed.
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SECTION 9:
UPLAND GAME AND UPLAND GAME BIRDS
9.01
General Provisions
(1) “Upland Game Birds” means Grouse, Prairie Chicken,
Pheasant, Partridge and Quail.
(2) “Upland Game” means Tree Squirrel, Prairie Dog,
Cottontail Rabbit and Jack Rabbit.
(3) No person shall take, pursue, injure, or harass any upland
game or upland game bird while on or in its nest or den, or
remove any eggs or young except as may occur in normal
agriculture, horticulture or wildlife research practices and as
may be authorized by the Tribe or Director.
(4) Nothing in this code shall be construed to prohibit the
taking of such upland game or upland bird for scientific
purposes with the authorization of the Division Director.
9.02
Open and Closed Seasons
(1) A closed season is hereby established for the hunting of
upland game and upland game birds except for open seasons
specified in Section 15.03 or by Tribal Proclamation.
(2) Except as otherwise expressly provide for by this code, no
person shall hunt upland game or upland game birds on the
Reservation during a closed season.
9.03
Upland Game and Upland Game Bird Hunting Permits and Tags
(1) No person shall hunt Upland Game or Upland Game Birds
on any lands of the Iowa Tribe of Kansas and Nebraska
pursuant to this section without possessing a valid Upland
Game and/or Upland Bird License or permit approved by the
Tribe.
(2) The Tribal Fish and Wildlife Division shall not issue more
than one license to one person at one time except as authorized
by the Division Director.
(3) No upland game or upland game bird license shall be
considered valid unless:
A. The license or permit is properly signed in ink by the hunter.
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B. A valid hunter safety certificate is shown at the time of
purchase and hunter safety number is recorded on the face of
the license if the hunter was born after July 01, 1977.
C. For which any permit is marked invalid.
9.04
Accompaniment of Upland Game or Upland Game Bird
It shall be unlawful for any upland game and/or upland game
bird permittee to transport any upland game or upland game
bird without being present with the carcass until such time as
the carcass is processes. Nor shall any person knowingly accept
for transport another’s upland game or upland game bird
without the valid license holder present or written permission
from the person providing the game.
9.05
Special Permits
No person shall possess, hunt or take any upland game or
upland game bird without possessing a valid special permit
approved by the Tribe or Division Director. Refer to Section
8.09 of this code for application procedures.
9.06
Upland Game or Upland Game Bird Season
(1) No person shall hunt upland game or upland game birds
from the close of a specific season to the opening of a specific
season of the following year.
(2) Each year a regular firearms and bow season for upland
game and upland game birds shall be established by the Tribe’s
governing body or its designee with the following limitations.
A. The regular season for hunting upland game or upland game
birds shall not open before the first Saturday in September or
extend later than the last Sunday in December of each year.
9.07
Permissible Methods
(1) No person shall hunt upland game except by firearms or
bow and arrow.
(2) The hunting or taking of upland game birds is restricted to
the use of a shotgun, bow and arrow or falconry, the use of
which is not prohibited by this code. The hunting or taking of
upland game is restricted to the use of a shotgun. Additional
firearm and bow and arrow restrictions are listed in subsections
9.08 and 9.09.
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9.08
FIREARM RESTRICTIONS
(1) No person shall hunt upland game or upland birds with:
A. A shotgun larger than 10 gauge.
B. A shotgun with a barrel length less than 18 inches.
C. Rifles and handguns prohibited.
D. Shotgun shells with slugs are prohibited.
E. With any type of shell, cartridge or altered projectile or
device which is not considered a factory load, copy or style.
F. While not in flight.
9.09
BOW AND ARROW RESTRICTIONS
(1) No person shall hunt upland game or upland game birds:
A. With a bow having a pull or draw strength of less than 40
pounds.
B. With arrows that must be at least 24 inches in length, have
at least two (2) untrimmed feathers, and tip that is of a
broadhead type.
C. With poison or exploding points of any type.
D. With crossbows are prohibited, Exception: See Section 8.13
9.10
Falconry
Hunting upland game birds, using Birds of Prey or Raptors is
permitted by persons possessing a federal falconry permit and
Tribal Upland Game Bird Permit. All bag limits, seasons and
legal hunting hours shall apply.
9.11
Hunting Hours
Except where otherwise expressly authorized, no person shall
pursue, shoot, kill or attempt to take any upland game or upland
game bird between ½ hour after sunset of one day and ½ hour
before sunset of the next day.
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9.12
Transportation
(1) No person shall transport any upland game or upland game
bird in or on any motor vehicle without possessing the
appropriate permit, required license and/or tagging the upland
game and/or bird with a proper transportation tag.
(2) No person shall transport any upland game bird in or on any
motor vehicle without leaving at least a fully feathered head, or
fully feathered wing, or a leg and foot attached to each
harvested upland game bird.
(3) Members of the Tribe are not required to place a
transportation tag on their upland game or upland game bird.
This is only required for any person transporting upland game
or upland game birds off the Reservation.
9.13
Hunting Certain Lands Prohibited
No person shall hunt any designated Tribal Wildlife Refuge
unless permitted by law and possessing the appropriate license
or required permit.
9.14
Sale of Upland Game or Upland Game Birds
No person shall sell, attempt to sell, or purchaser any upland
game or upland game birds.
9.15
Use of Dogs
It shall be lawful to use dogs for the purpose of pursuing upland
game or upland game birds provided the dog has been properly
vaccinated in accordance with acceptable veterinary procedures
and owner maintains proof of such vaccination while afield.
9.16
Limits
No person shall take more than one daily limit on any one day,
nor possess more than one daily limit while in the field or while
returning from the field to one’s vehicle or hunting camp.
9.17
Hen Pheasants
No person shall shoot/take a hen pheasant.
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SECTION 10:
FURBEARERS
10.01
General Provisions
(1) No person shall take, attempt to take, pursue, harass or
injure any furbearer in its den, or remove any young except as
may occur during normal agricultural, horticultural or wildlife
research practices and as may be authorized by the Division
Director.
(2) Nothing in this code shall be construed to prohibit the
taking of such furbearers for scientific purposes or depredation
control as may be authorized by the Division Director.
10.02
Open and Closed Seasons
(1) A closed season is hereby established for the hunting and
trapping of furbearers except for open seasons specified in
Section 15.03 or by proclamation.
(2) Except as otherwise expressly provided by this code, no
person shall hunt, take or trap furbearers on the Reservation
during a closed season.
10.03
Permits and Tags
(1) No person shall take, hunt or trap furbearers on any lands of
the Iowa Tribe of Kansas and Nebraska pursuant to this section
without possessing a valid furbearers license or required permit
approved by the Tribe.
A. For fish/hunt-on-your-own-land permit, person must provide
a legal description of land owned. The legal description shall
include the township, range and section number and the county
in which located.
(2) The Tribal Fish and Wildlife Division shall not issue more
than one license to one person at one time except as authorized
by the Division Director.
(3) No furbearers license shall be considered valid unless:
A. The license or permit is properly signed in ink by the hunter
or trapper.
B. Show a valid hunter safety certificate at the time of
purchase and certificate number is recorded on the license if
the hunter or trapper was born after July 01, 1977.
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C. For which any permit or license is marked invalid.
10.04
Furbearer Season
(1) No person shall take, hunt or trap any furbearer from the
close of a specific season to the opening of a specific season.
(2) Each year a regular firearm and trapping season for
furbearers shall be established by the Tribe’s governing body or
its designee with the following limitations:
A. The regular season for trapping furbearers shall not open
before the first Saturday in October of one year and may
continue through the last Sunday in April of the next year to
constitute a trapping year.
B. A regular season, to include a year-round season, for
hunting furbearers shall only be established for the following
species: Coyote, Fox, Skunk, Badger, Raccoon, Prairie Dog and
feral dogs.
10.05
Furbearer Hunting and Trapping Hours
Except where otherwise expressly authorized, no person shall
pursue, shoot, kill, trap or attempt to take any furbearers
between ½ hour after sunset of one day and ½ hour before
sunrise of the next day except Coyotes and Raccoons.
10.06
Methods of Taking
No person shall be:
A. Trapping with any leghold trap larger than a Number Four
(4) and/or any trap containing a tooth style jaw.
B. Trapping within 30 feet of any exposed bait visible to
airborne raptors.
C. Trapping with the aid of poison or poison bait.
D. Trapping with traps or snares unless attached to the traps or
snares is a metal tag displaying the trappers full name, address
and phone number.
E. Use of Cross-Bows.
F. Use of a bow with a pull strength less than 40 pounds.
G. Use of arrows less than 24 inches in length.
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H. Use of explosive points.
I. Use of arrows with a point other than a broadhead having
no less than two (2) sharpened edges.
J. Use of artificial lights. The use of flashlights with no more
than four (4) cells may be authorized for calling, hunting, or
pursuing coyotes or raccoons at night.
K. Use of a rifle with a barrel length less than 16 inches and
use of a shotgun with a barrel length less than 18 inches.
L. Use of any traps to take any wildlife not specified as
furbearer or by proclamation.
M. Destroying any den, lodge or hut.
N. Use of poisons or explosives of any type or in any manner
not authorized by the Division Director.
O. In the possession of, or in the use of, a shotgun of any type
while pursuing, taking, or trapping, and any attempt to do the
same, while furbearer harvesting.
10.07
Use of Traps
Any person trapping must attend their traps at least every 48
hours and remove any trapped furbearer.
10.08
Trapping Areas Prohibited
(1) No person shall trap on private land without receiving
verbal or written permission from the owner or tenant.
(2) No person shall trap on any Tribal Refuge without
possessing the required permit, license and/or tags.
10.09
POSSESSION OF LIVE FURBEARERS
(1) No person shall remove any live furbearers from their den,
lodge, hut or nest or trap and maintain them in captivity for the
purpose of raising them for profit or offering them for sale.
(2) Any person who maintains live furbearers on any lands of
the Iowa Tribe of Kansas and Nebraska must serve notice
within 30 days after receipt of the live furbearer(s) to the Tribal
Fish and Wildlife Division and obtain a permit for those
furbearers.
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10.10
BOBCAT PROVISIONS
The taking, hunting, trapping, selling, and purchasing is
allowed if taken during the established season and a valid
permit, license, and/or tag is in the hunter’s possession.
10.11
USE OF DOGS
Dogs may be used in the pursuit of raccoon, coyote and fox
while hunting with a valid furbearers license. Dogs must be
vaccinated under accepted veterinary practices and owner
must maintain proof of vaccination.
10.12
HARVEST OF DEPREDATING ANIMALS
Any landowner or tenant may destroy any furbearer which has
been identified as depredating any livestock, poultry or crops.
He/She shall not commercialize in, sell, trade, or ship any pelt
or parts thereof without possessing a valid Tribal furbearers
license or permit.
10.13
BUYING OR SHIPPING OF FURS OR PELTS
No person shall engage in the business of buying or shipping of
furs or pelts on any Reservation Lands unless he/she possesses
a valid Tribal furbearers license or permit.
10.14
RECORDS TO BE KEPT BY LICENSED DEALER
(1) Any person licensed to engage in the business of buying or
shipping furs or pelts shall keep a true and accurate record of
each purchase and/or shipment of furs or pelts.
(2) The record shall include:
A. The date of purchase.
B. The date of shipment.
C. The name and address of seller.
D. The kind and number of furs involved.
E. The amount of money paid for the furs.
F. Any additional information requested.
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10.15
Transportation of Furbearers
No person shall transport any furbearer in or on any motor
vehicle without possessing a valid furbearers license or
required permit and/or required tags.
10.16
Aerial Hunting
(1) No person except an authorized agent shall attempt to take,
hunt, or pursue any furbearer using aircraft without
authorization from the Division Director and in accordance
with federal law.
(2) The following information will be provided:
A. The name and address of each person whom will be
hunting.
B. A description of the furbearers authorized to be taken, the
number of furbearers to be taken, and the harvest area.
C. The reason for requesting the permit.
D. Description of aircraft and pilot’s name.
10.17
Motor Vehicle Use
No person shall take, hunt, kill, chase, harass, pursue or attempt
the above from any type of motor vehicle unless specifically
authorized by permit or license issued by the Division Director.
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SECTION 11:
MIGRATORY BIRDS
11.01
General Provisions
(1) No person shall take or injure any Migratory Bird or harass
any Migratory Bird upon its nest or remove any egg or young
except as may occur in normal agriculture, horticulture, or
wildlife research practices and as may be authorized by the
Division Director and federal regulations.
(2) Nothing in this code shall be construed to prohibit the
taking of such migratory birds for scientific purposes with the
authorization of the Division Director and in accordance with
federal regulations.
11.02
Open and Closed Seasons
(1) A closed season is hereby established for the hunting of
migratory birds except for open seasons specified by
proclamations.
(2) Except as otherwise expressly provided by this code, no
person shall hunt migratory birds on any Reservation lands
during a closed season.
11.03
Firearms Restrictions
(1) No person shall hunt Migratory Birds with:
A. A shotgun larger than 10 gauge.
B. A shotgun capable of holding more than two (2) shells in
the magazine.
C. A shotgun using a plug of two (2) or more pieces.
D. A rifle of any type.
E. A shotgun with a barrel length less than 18 inches.
F. A handgun of any type.
G. Shot other than steel shot.
H. Take migratory birds while not in flight.
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11.04
Bait Restrictions
(1) It is unlawful to hunt over bait other than grain crops left in
the field due to normal agricultural practices.
(2) It is unlawful to hunt in unharvested crops or grain fields
such as cereal crops, alfalfa, corn or sunflowers.
(3) It is unlawful to use electronic calls or devices of any type
to lure migratory birds for any purpose.
11.05
Live Decoys
It shall be unlawful to use live decoy birds for the purpose of
Hunting migratory birds. If live domestic geese or ducks are or
have been present, they must be removed ten (10) days prior to
hunting.
11.06
Permits and Tags
No person shall pursue or take any migratory birds on any lands
of the Iowa Tribe of Kansas and Nebraska without possessing a
valid Tribal license, permit, required tags or migratory bird
stamp.
11.07
Hunting Seasons, Bag Limits and Shooting Hours
(1) The establishment of migratory bird hunting seasons and
bag limits shall be set in compliance with the Migratory Bird
Treaty Act. In addition to any regulations provided for in this
subsection, rules and regulations provided for in 50 C.F.R. Part
20, Migratory Bird Hunting, will be enforced.
(2) The Division Director and Executive Committee are
responsible for establishing migratory bird seasons in
compliance with the Migratory Bird Treaty Act. If
recommended Tribal Seasons, limits, or taking activities vary
from their respective state seasons, limits or taking activities or
vary from the Central Flyway.
A. Recommendations for the hunting of Migratory Birds: the
Executive Committee or designated representatives is
responsible by law to submit a proposal to the U.S. Fish and
Wildlife Service, Migratory Bird Management Office,
Washington, D.C. to request the variance or special Migratory
Bird Hunting Season. This proposal should include, but not
limited to, the following:
51
1. The requested hunting season dates and other details
regarding regulations to be observed.
2. Harvest anticipated under the requested regulations.
3. Methods that will be employed to measure or monitor the
harvest.
4. Steps that will be taken to limit levels of harvest.
5. Tribal capabilities to establish and enforce migratory bird
hunting regulations.
B. Upon completion of a Special Migratory Bird Hunting
Season, the Tribe or its designated representative is required by
law to submit a final report to the Migratory Bird Management
Office, Washington, D.C., describing the number of migratory
birds harvested per species and any problems incurred through
the special season.
C. If the Tribe does not set a migratory bird hunting season
different from the State or Central Flyway Council, then no
proposal is required.
(3) Except where otherwise expressly authorized, no person
shall pursue, shoot, kill or attempt to take any migratory bird
between sunset of one day and sunrise of the next day.
11.08
Raptors, Bald & Golden Eagles, Other Protected Species
(1) It shall be unlawful for any person to take, attempt to take,
kill, hunt, sell, purchase, possess, pursue, shoot at, disturb, or
destroy any raptor, Golden or Bald Eagle, Owl, Falcon or other
species of protected migratory birds or its nest or eggs thereof
on any lands of the Iowa Tribe of Kansas and Nebraska.
(2) Any enrolled member of the Iowa Tribe of Kansas and
Nebraska requesting or desiring any eagle, raptors, or protected
migratory bird, or parts thereof, for ceremonial or religious
purposes must make or properly complete and application for
submission to the U.S. Fish and Wildlife Service, Law
Enforcement Division.
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11.09
Transportation
(1) No person shall transport any migratory bird without
leaving a fully feathered wing or head on each carcass.
(2) No person shall transport any migratory bird without
transporting birds of another without that person present, or
without permission from the person providing the migratory
bird for transport, or without birds being properly tagged if
required.
(3) This subsection shall not apply to any authorized
enforcement persons in the course of their duties transporting
any seized migratory bird(s).
11.10
Live Birds
It shall be unlawful to possess a live migratory bird or birds at
any time. All migratory birds must be immediately killed once
possession is gained. Persons who raise captive birds may
maintain these birds by permit issued through a hatchery, game
farm, or State and/or Federal Agency.
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SECTION 12:
FISHING
12.01
General Provisions
(1) No person shall take, attempt to take or injure any fish in
any waters, upon its nest, or remove any eggs as may occur in
normal recreational or fisheries research practices, or as may
be authorized by the Division Director.
(2) Nothing in this code shall be construed to prohibit the
taking of such fish for scientific purposes with the authorization
of the Division Director.
12.02
Open and Closed Seasons
A closed season is hereby established for fishing except for the
open season, species, and creel or bag limits specified by
proclamation.
12.03
Fishing Permits and Tags
(1) No person shall fish, take or attempt to take any fish
pursuant to this code without possessing a valid tribal fishing
permit, license or required tags issued by the Division Director.
A. For fish/hunt-on-your-own-land permit, person must
provide a legal description of land owned. The legal description
shall include the township, range, and section numbers and the
county in which located.
B. Reservation Lands: Any person fishing any lands of the
Iowa Tribe of Kansas and Nebraska must possess the requisite
Tribal license or permit.
C. Missouri River: Any Enrolled Indian or Federally
recognized Indian fishing within the boundaries of an Indian
Reservation on the Missouri River are required to possess the
requisite Tribal license or permit. Any non-Indian fishing upon
the Missouri River are required to possess the requisite State
license.
(2) The Tribal Fish and Wildlife Division shall not issue more
than one license to one person at one time except as authorized
by the Division Director.
(3) No fishing license or permit shall be considered valid
unless:
A. The license is endorsed by the fisherperson in ink.
54
B. The license for which any permit or license is marked
invalid.
12.04
Seasons, Creel Limits and Size Limits
(1) No person shall take, attempt to take, catch or fish for any
species of fish in excess of the established daily or possession
creel or bag limit.
A. Daily Limit: The number of fish that may be taken from
midnight to midnight, except no person may possess more than
one day’s limit of fish with head, skin and fins attached while
on the water, ice or actively engaged in fishing.
B. Possession Limit: The number of fish a person may have
under his or her control such as in a portable cooler, a home
freezer, or registered in his or her name in a commercial cold
storage locker.
(2) No person shall take, attempt to take, kill or possess any
fish under or over the specified size limit.
12.05
Trespass
No person may fish on private waters without permission from
the owner, lessee or tenant. No person shall fish on Tribal
Refuse waters or protected waters without possessing the
required license, permit tags, or unlawfully fish in those
designated waters.
12.06
Hook and Line Limitations
(1) A maximum of 3 tow lines and three hooks per line is
allowed for fishing open waters.
(2) A maximum of four lines is allowed for fishing through the
ice.
(3) A maximum of one line and one hook is allowed for
paddlefish snagging.
(4) Only one end of each line may be equipped with hooks. An
artificial lure constitutes one hook, regardless of the number or
gang hooks attached.
(5) It shall be unlawful to snag any species of fish in waters on
the Iowa Reservation.
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12.07
BAIT
(1) Licensed anglers may take bait for non-commercial
purposes and as provided below:
A. Bait Defined: Bait includes baitfish, frogs, salamanders,
crayfish, freshwater shrimp, snakes, lizards, clams and snails
and night crawlers.
B. Limit: 12 dozen of any species.
C. Seines, nets, and Traps: Any licensed angler taking bait may
use a seine up to 30 feet long, 6 feet deep and with a mesh 3/8
inch square or less; a dip net up to 30 inches in diameter and
with a mesh 3/8 inch square or less; a lift net up to 4 feet square
and with mesh 3/8 inch square or less; a cast net up to 24 feet in
diameter and with mesh 3/8 inch square or less; or a trap no
longer than 12 inches in diameter, 36 inches long, and with
rigid entrances no wider than one inch.
D. Trap Marking Required: Bait traps must be clearly marked
with the owner’s name and address.
E. Lost Traps: Traps lost or stolen must be reported within 10
days or knowledge of the loss to the Division Director.
F. Trap Setting: Traps must be set so that not more than one
half of the width of a stream is blocked.
G. Trap Checking: To prevent loss of baitfish or other gillbreathing animals, traps must be checked and emptied at least
every 48 hours.
H. Fish Released: Endangered or threatened species must be
released or returned to the water from which they were taken.
12.08
Bait Wholesalers and Retailers License
(1) A Tribal bait dealers license shall be issued by the Division
Director and will prescribe rules and regulations for the
handling and care of bait. All Dealers are required to possess
the requisite license or permit to sell, trap, seine or net bait.
Each permit or license will:
A. Include the name, address and location of dealer.
B. Specify the type and amount to be possessed.
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C. Specify if purchased, trapped, seined or netted anywhere the
bait was purchased, trapped seined or netter.
D. A permit shall be valid for no more than 12 continuous
months from date of issue.
(2) It shall be unlawful to possess more than 12 dozen minnows
or bait species without maintaining a Tribal bait dealers license.
12.09
Commercial Sale of Fish
(1) No person shall sell, barter, trade or offer to sell, barter or
trade any fish taken from Reservation waters, without
possessing a Commercial license issued by the Division
Director.
(2) The taking of channel catfish, flathead catfish, blue catfish
and spoonbill by commercial fisherman is prohibited.
(3) No person shall sell, barter, trade or offer to sell, barter or
trade any fish taken from Reservation waters, except persons
operating a private fish hatchery.
12.10
Hoop nets, Traps and Setlines
(1) No person shall set any hoop net, traps without a
Commercial license
(2) Restrictions
A. License: No enrolled member of the Iowa Tribe of Kansas
and Nebraska shall set, check, pull or operate any hoop net, trap
or setline without possessing a valid Tribal license or permit
issued by the Division Director.
B. Tags: Each hoop net, trap, or setline must be marked with a
metal tag with the enrolled members name, address and
telephone number.
C. Size and Construction of Hoop Nets and Traps:
Hoop nets must not be more than 18 feet long nor more than 4
feet wide. No leads or wings are permitted. Only hoop nets
constructed of fabric mesh with twine size number 15 or larger
and slat catfish traps constructed of wood or synthetic slats with
at least two 1 ¼ inch openings in each end are allowed. Wire
fish traps are prohibited.
D. Checking: Setlines must be checked at least every 72 hours.
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E. Catfish Minimum Length: All catfish less than 12 inches
long taken by hoop nets, traps or setlines must be immediately
returned to the water.
F. Limit: Channel and Blue catfish (single or in combination)
10 per day and possession limit of 20. Flathead catfish 5 per
day and possession limit of 10.
G. Sale of Fish: Legal fish taken by hoop net, trap, or setlines
from Reservation waters may be sold, bartered or traded
pursuant to section 12.09.
H. Unauthorized use: No enrolled member may use or tend
hoop nets, traps or setlines of another enrolled member.
I. Setline Restrictions: No enrolled member may use a setline
that operates by a reel or other mechanical device, or more than
20 hooks attached to one setline.
12.11
Gill Netting
A. It is unlawful to take any fish or attempt to take any fish
with the use or aid of a gill net.
12.12
Spearing
(1) Spear fishing is permitted within the reservation boundaries
of the Iowa Tribe of Kansas and Nebraska as follows:
(2) Fish may be taken with spear, legal spear gun (a muscleloaded devise propelling a spear attached to a lanyard no more
than 20 feet long), and bow and arrow (crossbows are illegal).
Arrows may have only one point, which must be barbed and
attached to the bow by a line. Daily and possession limits are
the same as and in combination with hook and line limits.
(3) Nongame fish may be taken between sunset and sunrise
January 1 – December 31.
(4) All species of fish, except paddlefish, pallid sturgeon, lake
sturgeon and endangered or threatened fish, may be speared
from sunrise to sunset during the season established by Tribal
proclamation.
(5) Catfish Limits – Refer to Section 12.10.
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(6) Underwater spearfishing is not permitted within 100 yards
of designated swimming or waterskiing areas, boat docks,
power intake tubes, or spillways. No underwater diving is
permitted where placement of the diver-down flag would
restrict boat access into or out of a public access area.
(7) Divers must display a Diver’s Flag on the water on a float
or buoy during any diving or underwater spearfishing. The flag
must be at least 80 square inches and must be all red with a
white diagonal beginning at the top of the flag where attached
to the staff. The Diver’s Flag indicates a diver is submerged in
the immediate area and boats are to avoid the area.
(8) Persons spearfishing may not possess game fish in areas not
open to spearing of game fish.
12.13
Landing Aids
Landing nets, gaffs, and similar devices may be used as an aid
in landing fish.
12.14
Artificial Lights
Artificial lights may be used as an aid in taking fish by legal
methods.
12.15
Unattended Lines
Each line used must be under the direct supervision and within
the unaided observation of the user.
12.16
Ice Houses
Each fish house, shanty or other shelter must display on the
outside the name and address of the owner in letters at least two
inches high. The door must permit entry except when
unoccupied and locked from the outside. Shelters must be
removed from the ice by March 5.
12.17
Transportation
(1) No person shall transport dressed fish from the waters of the
Reservation to his or her residence unless those fish can be
readily counted. Mobile recreational vehicles, trailers, or tents
do not qualify as residences.
(2) Any dressed fish transported, if frozen, must be packed
individually. Two fillets will be counted as one fish.
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(3) A person may carry or transport only his or her own
lawfully possessed fish.
12.18
Interference
No person may intentionally interfere with other persons
lawfully engaged in taking or attempting to take fish, or engage
in an activity specifically intended to harass or prevent the
lawful taking of fish.
12.19
Restrictions
(1) No person shall:
A. Deposit refuse in Reservation waters.
B. Leave or deposit fish in the shorelines of Reservation waters.
C. Empty receptacles containing bait into Reservation waters.
D. Transport or introduce fish or fish eggs into Reservation
waters.
E. Release fish, reptiles, amphibians or crustaceans not native
to the Reservation into Reservation waters without written
authorization from the Division Director.
F. Possess, have under control, or maintain trammel nets, gill
nets, or seines except legal minnow seines.
G. Possess a spear on or near lakes or streams except during
legal hours in open season.
H. Sell, Buy, or barter game fish.
I. Lend his or her license to another person or aid someone in
securing a license fraudulently.
J. Use explosives, electrical devices or poisons or stupefying
drugs to take fish.
K. Shoot fish, frogs, or turtles with a firearm.
12.20
Bullfrog and Turtle Season
(1) No person shall take, attempt to take, or catch bullfrogs or
turtles without acquiring a valid Tribal license or permit.
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(2) The methods for taking bullfrogs shall be:
A. Hand.
B. Hand dip net.
C. Hook and fishing line.
D. Gig.
E. Bow and arrow with barbed head and a line attached from
arrow to bow.
(3) The method for taking of common snapping turtles and soft
shelled turtles shall be:
A. Hand.
B. Hook and fishing line.
C. Set line.
D. Hand dip net.
E. Seine.
F. Turtle trap.
G. Gig.
(4) Artificial light and boats may be used while taking bullfrogs
and turtles.
(5) Bullfrog Season is in effect from July 1 – October 31. Limit
per day: 8. Possession limit after 3 days: 24.
(7) Turtle Season is in effect year-round. Limit per day: 8.
Possession limit after 3 days: 24.
12.21
No person shall fish commercially on inland waters of the Iowa
Reservation including oxbows, sloughs, chutes, and back
waters within the first 300 yards from the mouth of all tributary
streams, including the Nemaha River and Squaw Creek.
Commercial fishing is allowed 300 yards upstream (North of)
the mouth of the Squaw Creek to 300 yards below (South of)
the mouth of the Nemaha River and to the center line of the
Missouri River.
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SECTION 13:
TIMBER HARVEST
13.01
General Provisions
(1) No person shall remove any timber from any lands of the
Iowa Tribe of Kansas and Nebraska without authorization from
the Division Director.
(2) The landowner has the reserved right to any timber located
on their land.
13.02
Permits
(1) Any person taking, cutting, or harvesting any timber on
tribal lands must possess a Tribal permit issued by the Division
Director. The following information is needed for permit
application:
A. His/Her name and address.
B. Location of removal area.
C. Type of timber to be removed.
D. Amount of timber to be removed.
E. Purpose and need for timber.
F. Dates removal will begin and end.
13.03
Responsibility and Liability
(1) Any person removing any timber from Tribal land for their
use may be held responsible for knowingly causing physical
damage to an area that exceeds normal harvesting or cutting
practices such as:
A. Cutting any timber on Tribal land not authorized by permit.
B. Cutting any timber on Tribal land which has nests or dens of
birds or mammals greater than one (1) foot in diameter.
C. Causing environmental damages to Tribal land, such as
erosion to soil from vehicle use.
D. Failing to remove any cut timber or wood.
E. Cutting any timber or wood not marked or identified for
harvest when applicable.
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F. Causing a fire from careless use of equipment or careless
behavior.
G. Depositing any litter while afield.
H. No cutting of live trees without prior authorization.
I. Wood taken from tribal property is for personal use only.
The sale of wood taken from tribal property is strictly
prohibited!!
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SECTION 14:
SPECIAL PERMITS
14.01
General Provisions
It shall be unlawful for any person to harvest any fish or
wildlife for any special purpose without obtaining a permit or
license from the Division Director.
14.02
Permits
(1) Special permits may be available upon request for taking or
harvesting fish or wildlife on lands of the Iowa Tribe of Kansas
and Nebraska.
(2) The following information is needed for permit application:
A. Name and address of person(s) making the request.
B. Reason for request.
C. Name of person(s) who will be harvesting the fish or
wildlife, or name of person(s) responsible for the activity for
which the special permit has been requested.
D. Dates of harvest to occur.
E. Area for harvest to occur in.
F. Species and amount to be harvested.
(3) The Division Director shall:
A. Present the permit request to the Tribal Fish and Wildlife
Division or the Executive Committee for approval.
B. Determine sex, amount and methods of harvest.
C. Provide assistance if requested.
D. Request and collect any unused special permits.
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SECTION 15:
PROCLAMATION HAS FORCE OF LAW
15.01
General Provisions
Any proclamation issued by the Tribal Fish and Wildlife
Division or Executive Committee shall have full force of law.
Any person violating a provision of such order or proclamation
shall be subject to penalties and/or imprisonment within
Section 6.06, Penalties and Sanctions. In addition to any fine
and/or imprisonment, the violator shall be subject to forfeiture
of his/her license, permit, loss of privileges for one year, and
confiscation of paraphernalia used in connection of the
violation.
15.02
Proclamation to be Published
Each proclamation issued by the Tribe pursuant to this code
shall be published at least one in a local or regional newspaper.
The Division Director shall post said proclamation in public
places.
15.03
Emergency Openings and Closures of Seasons
(1) Any season established by proclamation may be closed,
modified, altered, or a closed season may be opened after
investigations and recommendations by the Division Director
finds:
A. That a species of fish or wildlife for which an open season
exists, are in danger or depletion or extinction, or when
necessary for the proper protection during critical periods, the
Division Director may close a season for proper protection of
said species.
B. That any species of fish or wildlife have become sufficient
in numbers or have overpopulated and area and are causing
depredation problems, the Division Director may open or
extend a season to control said depredating species.
C. That due to environmental or climatic conditions, a hunting
season may create a hazard to life or property (i.e., fire), the
Division Director may close or postpone a season and reopen a
season at a later date upon reasonable notice through local
media.
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CHAPTER 16:
CONSERVATION ENFORCEMENT-PERORMANCE
STANDARDS
(1) The Tribe shall perform the conservation enforcement
program in accordance with the qualifications, trainings, code
of conduct, inspection and evaluation and other standards
applicable to Bureau Law Enforcement personnel as follows:
A. In addition to Tribal personnel employment standards, the
Tribe shall adhere to the Office of Personnel Management,
Bureau of Indian Affairs, accepted standards for skill level GS1812 minimum job entry level qualifications.
B. Prior to hiring conservation enforcement officers, formal
background investigations must be completed. Areas to be
considered should include, but not be limited to, criminal
record, traffic record, military, education and prior work
experience. Background investigations shall remain in the
employee’s official personnel file.
C. In addition to requirements of the Tribe’s policies and
procedures, the Tribe, prior to taking disciplinary actions
involving suspension, demotion or termination against any
Conservation Enforcement employee, shall take the following
steps:
1. Notify employee of the contemplated action and give a full
specification of the reasons such action is contemplated.
2. Provide the employee with a written statement of any
specific violation of rules, regulations, or statutes the Tribe
alleges the employee has committed and the names of all
persons upon whose testimony these allegations are based.
3. Set a meeting date with the appropriate Administrative
personnel, Executive Committee, or Division Director, the
employee and employee’s legal council, if he/she has such
council, not less than 15 days after the employee has been
given the written statement of allegations.
4. Provide the employee and, if applicable, the employee’s
council at the meeting with an opportunity to confront and
question each person providing information adverse to the
employee.
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5. Provide the employee and, if applicable, the employee’s
council at the meeting with an opportunity to delineate issues,
to present factual contentions and supporting information in an
orderly manner and to generally protect the employee’s interest.
6. Reconsider the decision to take the adverse action based
solely on the information given at the meeting and provide the
employee at the time the decision is announced with a written
statement of the reasons for the decision and the information
relied upon in reaching the decision.
D. The Tribe shall assure that each officer is qualified in the
field of conservation enforcement and has a working
knowledge of arrest procedures, rules of evidence, crime scene
search, preservation of evidence, writing reports, testifying in
court and related enforcement functions.
E. Firearms Qualifications will be biannual and should be held
in conjunction with handgun firearms certifications. All
ammunition for qualification with handgun, rifle and shotgun
will be provided by the Tribe.
F. Each Conservation Enforcement Officer must attain a score
of 70 percent or better on an approved firearms qualification
course twice during a calendar year, with at least a four month
period separating each session to be considered qualified to
carry a firearm. Whenever an officer fails to qualify or the
qualification time lapses, the officer shall return all weapons
issued. The following courses are approved firearms
qualification courses:
1. The National Rifle Association National Police Course.
2. The National Rifle Association 25 Yard Course.
3. The National Rifle Association Practical Pistol Course.
4. The Federal Bureau of Investigation Practical Pistol Course.
5. Indian Police Academy/FLETC Timed PPC Course.
6. The State of Kansas and the State of Nebraska Qualification
Courses.
G. Conservation Enforcement Officers shall be issued handgun,
shotgun, patrol rifle and ammunition approved by a qualified
Firearm’s Instructor. The Assistant Secretary of the Bureau of
Indian Affairs may grant a written waiver to permit
Conservation Enforcement Officers to carry handguns not
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authorized by this paragraph in accordance with current Code
of Federal Regulations.
H. If weapons other than the sidearms are issued, the Officer
must also qualify them. These qualifications will be on a police
approved course, with training conducted by any State or BIA
Certified Instructor.
I. A firearm may be discharged only when in the considered
judgment of the Officer there is imminent danger of loss of life
or serious bodily injury to the Officer or to another person. The
weapon may be fired only for the purpose of rendering the
person at whom it is fired as incapable of continuing the
activity prompting the Officer to shoot. The firing of warning
shots is prohibited. This policy does not apply to the use of
firearms to participate in official marksmanship training or to
kill a dangerous or seriously injured animal.
J. Except in firearms training, each time a firearms is used, a
report shall be filed with the Officer’s Supervisor and the
Supervisor will notify the respective Agency Superintendent
and Criminal Investigator. Whenever use of a weapon results in
serious injury or death of any persons, the Officer firing the
weapon shall be place on administrative leave, to be assigned to
strictly administrative duties pending a thorough investigation
of all circumstances surrounding the incident.
K. Each Conservation Enforcement Officer shall receive a
minimum of forty (40) hours of local in-service training
annually to meet needs determined by the Tribe and to keep
abreast with developments in the field of Conservation
Enforcement. If economically feasible, each Conservation
Officer shall attend all Conservation Management Training or
Workshops top keep abreast with developments in the field of
Conservation Management.
L. The Tribe shall require each Conservation Enforcement
Officer it employs to sign and adhere to a code of conduct
prescribed by the Tribe. The signed copy shall be filed in the
employee’s official personnel file. The code shall establish
specific rules concerning conflict of interest, employee conduct
both on and off duty, impartiality and thoroughness in
performance of duty, and acceptance of gifts and favors.
M. The Tribe shall permit the inspection and evaluation of the
Conservation Programs by the Bureau of Indian Affairs
Inspection and Evaluation Unit in accordance with BIAM,
Supplement 1, Release 5, or 56 BIAM Release 1, Fish, Wildlife
and Recreation.
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N. The Tribe shall assure that each Conservation Enforcement
Officer shall be specifically identified as such.
O. Uniforms shall be worn at all times while on routine duty
which shall positively identify the wearer as a Conservation
Enforcement Officer. Badge, name plate and shoulder patch
shall be visible at all times. Each Officer shall be issued an
identification card bearing a photograph of the Officer.
P. The Tribe shall assure that all Conservation Enforcement
vehicles are equipped with a two-way radio, emergency lights,
one of which must be red, sirens, safety screens (sedans and
crew-cab), fire extinguisher, flashlight, emergency flares, rope,
blankets, first aid kit, shovel, tow chain, tire chains, attached or
portable winch, handyman jack, and jumper cables. The Tribe
shall require that all vehicles used be in good condition and that
a DI 120 Operators log book or similar operator/maintenance
record book be kept current. The Tribe shall assure that all
Conservation Enforcement vehicles are thoroughly cleaned on a
weekly basis and all litter removed on a daily basis and all
ashtrays emptied daily. The Tribe shall require that all
Conservation Enforcement vehicles are marked on each front
door with a Division emblem resembling the Officer’s shoulder
patch.
Q. The Tribe will provide all uniformed Conservation
Enforcement officers with the following and assure they are in
good condition:
1. Handgun, shotgun, patrol rifle and ammunition approved by
a qualified Firearm’s Instructor.
2. Belt, holster, handcuff case and cartridge holder.
3. Handcuff with keys.
4. Minimum of two complete uniforms, including hat.
5. Hat badge, breast badge, and coat/jacket badge.
R. The Tribe shall certify that each Conservation Enforcement
Officer will or is able to do the following activities:
1. Identify furbearers, big game, small game, waterfowl, all
wildlife and threatened, protected and/or endangered species
and their habitats.
2. Identify species of fish and their habitats.
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3. Recognize and dismantle illegal sport gear and commercial
fishing tackle (nets, trap sets, snares, deadfalls, etc.)
4. Recognize and seize illegal firearms and ammunition.
5. Conduct random patrol on land and water by use of car,
truck, boat, aircraft, snowmobile, snowshoes, skis and foot.
6. Recognize signs of illegal hunting, fishing and trapping
activity.
7. Respond to complaints and take action or refer to appropriate
agency if needed.
8. Interview complainant and witnesses.
9. Cite in a professional manner violations of season, time,
protected species, and illegal methods, bag limits, sex.
10. Seize, mark and hold illegal game and equipment in a safe
place for court evidence. Provide confiscated property receipts.
11. Determine appropriate methods for apprehending illegal
operators.
12. Determine ownership of dogs that are running deer or any
wildlife; inform the owner of circumstances and to keep dog
tied or destroy dogs that are running deer or any wildlife as per
Tribe’s policy.
13. Prepare detailed incident reports for courtroom use and
prepare Informational Complaint history for Department.
14. Stop vehicles and boats where occupants have been
observed in violation of the law or when violations is
suspected.
15. Check licenses, permits and tags to determine if valid, not
borrowed, or fraudulently obtained or that conditions of
license/permit are otherwise in compliance.
16. When so directed by appropriate court, commission or
operational policy, sell confiscated fish or wildlife, and have
check made payable to the Iowa Tribe of Kansas and Nebraska.
The check or money order shall be deposited into the Tribal
Fish and Wildlife Special Account. Under no circumstances
will Conservation Enforcement Officer accept actual money.
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17. Any fish or wildlife that is confiscated or seized shall be
secured or stored as not to be wasted or spoiled. Any perishable
fish or wildlife shall be stored in a freezer. If any species is too
large to fit into a freezer, the animal will be processed at a
commercial processing plant and then placed into the freezer
with head, cape and other parts. Fish and wildlife recovered
where no citation has been issued or formal court appearance
has occurred will be donated to charitable causes and s signed
receipt shall be obtained from the charitable organization. No
fish or wildlife seized or confiscated will be sold or donated
until the case has been disposed.
18. Examine fish or wildlife for method of take and when
taken.
19. Investigate animal damage or depredation, issue permits,
and/or destroy animals.
20. Report vehicle killed deer to appropriate authorities.
21. Inspect for legality of fur and tag with appropriate tag(s).
22. Assist Department with statutory responsibility in recovery
of drowning victims, lost persons, severe weather emergencies
and civil disorders when requested.
23. Maintain a working relationship with the Tribal Court,
Tribal Commission, and any other appropriate forums or courts
or competent jurisdiction, empowered to hear cases involving
fish and wildlife and their support team.
24. Act as court officer and liaison for all cases within
jurisdiction.
25. Obtain and serve search warrants, seize property and issue
evidence receipts.
26. Know and practice court room etiquette and procedure.
27. Testify as witness at motions, preliminary hearings and
trials.
28. All weapons shall be inspected monthly by the Division
Director who will report results in the monthly consolidation
report. The Conservation officer or his designee shall be
notified immediately of any deficiencies in weapons.
29. All firearms shall be cleaned at least once every two weeks.
Ammunition shall be replaced at least once a year.
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30. The proper storage of firearms at home shall include;
rendering firearms inoperable by a safety device and/or storing
ammunition and the weapon separately. Both ammunition and
firearms shall be stored places not readily accessible to
children.
31. Map reading techniques (e.g., road, topographic,
quadrangle, plat book).
S. Each Conservation officer shall be certified in advanced first
aid and water rescue procedures. Emergency Medical
Technician is the desired level of performance.
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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.