LAW AND ORDER — NATURAL RESOURCES —CRIMINAL OFFENSE AND

LAW AND ORDER — NATURAL RESOURCES —CRIMINAL OFFENSE AND

PENALTY ACT

Ordinance # 06-400-07

Article I. Purpose; Findings

1.01. Purpose. The purpose of this Ordinance to identify criminal offenses and the penalties

associated violations of Tribal laws and regulations for hunting, fishing, trapping and

gathering activities.

1.02. Findings. The Tribal Council of the Little River Band of Ottawa Indians finds that:

a. The Constitution of the Little River Band of Ottawa Indians delegates to the Tribal

Council the responsibility to “...exercise the inherent powers of the Little River Band

by establishing laws through the enactment of ordinances and adoption of resolutions

not inconsistent with this Constitution:

1. to govern the conduct of members of the Little River Band and other

persons within its jurisdiction;

2. to promote, protect and provide for public health, peace, morals,

education and general welfare of the Little River Band and its

members[.]” Article IV, Section 7(a).

b. The Little River Band of Ottawa Indians has the authority and responsibility to manage

the natural resources within its jurisdiction in order to provide subsistence hunting,

fishing, trapping and gathering resources for current and future Tribal members; and

Cc. Many members of the Little River Band of Ottawa Indians utilize the ability to hunt,

fish, trap, and gather to supplement family groceries and as primary resources for

family meals; and

d. It is necessary to identify illegal activity and establish fines and penalties to discourage

unreasonable or unsafe resource utilization practices. Such fines and penalties shall

be levied against those person who fail to comply with tribal laws and regulations.

Article IJ. Adoption; Amendment; Repeal; Severability

2.01. Adoption. This Ordinance is adopted by Tribal Council resolution #06-0830-600.

a. This Ordinance is amended by Tribal Council Resolution #18-1107-323,

consolidating criminal penalties from regulations and correcting grammar,

typographical and formatting errors.

2.02. Amendment. This Ordinance may be amended in accordance with the procedures set forth

in the Administrative Procedures Act — Ordinances, #04-100-07.

Repeal. This Ordinance may be repealed in accordance with the procedures set forth in

the Administrative Procedures Act — Ordinances, #04-100-07.

2.03. Severability. If any provision of this Ordinance or its application to any person or

circumstance is held invalid, the invalidity does not affect other provisions or applications of

this Ordinance which can be given effect without the invalid provision or application, and to

this end the provisions of this Ordinance are severable.

Article IL. Definitions

3.01. General. As used in this Ordinance, except where otherwise specifically provided or the

context otherwise requires, the following terms and expressions shall have the following

meanings.

3.02. Enforcement Officer means a Public Safety Officer charged with enforcement of Tribal,

federal and applicable state laws and regulations regarding hunting, fishing, gathering and

trapping within the 1836 Ceded Territory.

3.03. Not Useable means the waste of the natural resource other than the commonly understood

use of the natural resource

3.04. Tribal laws and regulations means those laws and regulations setting forth limitations,

restrictions or other guidance or direction regarding the hunting, fishing, gathering and

trapping activities within the 1836 Ceded Territory. The application of this phrase includes

laws and regulations in conjunction and individually.

Article IV. Natural Resources Violations Jurisdiction and Law Enforcement

4.01. Tribal Court Jurisdiction. The Tribal Court shall have jurisdiction over all violations of this

Ordinance, whether criminal or civil, and all other violations of hunting, trapping,

gathering, licensing, or permitting regulations for conduct occurring in the 1836 Ceded

Territory.

4.02. Law Enforcement. The following are authorized to enforce the provisions of these

regulations:

a. Little River Band of Ottawa Indians' law enforcement and/or conservation

enforcement officers;

b. Law enforcement and/or conservation enforcement officers of another Michigan

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4.03.

4.04.

Tribe with whom Little River has entered into a cooperative enforcement agreement;

c. Law enforcement and/or conservation enforcement officers employed by the State of

Michigan if the prerequisites stated in the 2007 Inland Consent Decree have been

satisfied; and

d. Federal law enforcement and/or conservation enforcement officers.

Immunity of Tribal Officers. Enforcement Officers, Tribal employees, Tribal Attorneys, and

Natural Resource Commissioners, and Tribal Court officers and employees shall be immune

from civil liability for acts committed in connection with the enforcement of Tribal or federal

conservation laws and regulations.

Law Enforcement Investigation. The Little River Band of Ottawa Indians' law enforcement

and/or conservation enforcement officers may stop and if necessary detain any person

suspected of committing an offense under these regulations to determine whether the person

is an individual subject to the jurisdiction of the Tribe.. Any Enforcement Officer may detain

any individual subject to the jurisdiction of the Tribe committing an offense and may seize

or confiscate any fish, game, furbearers, wild animals, their parts or hides and/or any vehicles,

vessels, firearms, bows, traps, nets, lines or any other associated paraphernalia used in

committing the offense. All seized or confiscated material taken under this Section shall be

held as evidence pursuant to Tribal law enforcement policies.

Article V. Criminal Offenses

5.01.

5.02.

5.03.

Prosecutorial Discretion. At the discretion of the Tribal Prosecutor, the below offenses

may be charged as a civil infraction or a misdemeanor violation.

Trafficking Fish and Game. A person shall be guilty of the criminal offense of trafficking fish

and game if the person:

a. Sells or barters, or has in his possession with intent to sell or barter;

b. Exposes or offers for sale or barter; or

c. Ships for commercial purposes, or has in their possession with intent to ship for

commercial purposes, any big or small game or fish or parts thereof.

d. Provided that, this section shall not apply to the sale or possession of fish lawfully

taken during commercial treaty fishing season, the possession or sale of hides or antlers

of game animals lawfully taken, or the sale or barter between members or descendants

of any federally recognized Indian Tribes for the personal use of such members.

Interference with Hunting or Fishing Related Property. A person shall be guilty of the criminal

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5.04.

5.05.

5.06.

5.07.

5.08.

offense of interference with the hunting or fishing-related property of another if the person,

without the permission of the owner, uses, operates, occupies, moves, disturbs, taints or

otherwise tampers with fishing gear, firearms, vehicles, boats, blinds, feed plots or other

hunting or fishing-related personal property belonging to another.

Illegal Possession of Harvest or Transportation Tags. A person shall be guilty of the criminal

offense of illegal possession of harvest or transportation tags if an individual is found in

possession of harvesting or transportation tags that are not their own. Tags may only be

possessed or used by the recipient of the tag with the following exceptions:

a. A parent or guardian may be in possession of harvest or transportation tags assigned

to their minor children under the age of eighteen (18);

b. An individual harvesting for a disabled hunter, in accordance to Tribal law, may

possess the disabled hunter’s harvest or transportation tags; or

C. A person harvesting under a ceremonial permit or special needs permit may possess

the harvest or transportation tag issued under the ceremonial permit or special needs

permit.

Wanton and Willful Waste. A person shall be found guilty of the misdemeanor crime of

wanton and willful waste when the individual intentionally and negligently harms a natural

resource leaving it damaged against the use, taking, or enjoyment by others or when a person

takes a resource and intentionally and negligently fails to utilize the resource allowing it to

waste to the point that it is not useable by the taker or another individual.

Interference with Law Enforcement Efforts to Enforce Tribal Law. A person shall be found

guilty of Interference with Law Enforcement Efforts to Enforce Tribal Law if they assault,

resist, oppose, impede, intimidate, bribe, or attempt to bribe, or interfere with an Enforcement

Officer engaged in enforcing this Ordinance.

Illegal Taking of Harvested Resource. A person shall be found guilty of Illegal Taking of

Harvested Resource if they molest, disturb, or appropriate any wild animal or plant or carcass

thereof, which has been lawfully reduced to possession by or is otherwise owned by another.

Failure to Cooperate with Law Enforcement Investigation of Harvesting Activity. A person

shall be found guilty of Failure to Cooperate with Law Enforcement Investigation of

Harvesting Activity if they:

a. Fail to obey the hand, verbal command, emergency light, visual, or audible siren

signal of an Enforcement Officer or other authorized law enforcement officer;

b. Elude, knowingly flee, or attempt to evade an Enforcement Officer following a visible

or audible signal to stop (a visible or audible signal under this section may include the

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5.09.

5.10.

J.11.

5.12.

use of hands, voice, emergency lights or sirens);

c. Use unjustified force, violence, or threat of violence on an Enforcement Officer for

the purpose of interfering or influencing the performance of an official duty; or

d. Fail to consent to any lawful search as authorized.

Harvesting of Endangered Species. A person shall be found guilty of Harvesting of

Endangered Species if they take, possess, or harm any threatened or endangered species

except as authorized by Tribal Law.

Harvesting Specially Permitted Animals without a Permit. A person shall be found guilty of

harvesting a specially permitted animals without a permit if an individual harvests a bear, elk,

or sturgeon without a tribally issued permit.

Destruction of a Natural Resource or Property of the Tribe’s Natural Resource Department.

A person shall be found guilty of destruction of a natural resource or property of the Tribe’s

Natural Resource Department if an individual takes any action to damage, destroy, pollute,

denigrate, or harm a natural resource or property of the Tribe’s Natural Resource Department.

Defense.

a. Harvester Responsibility. Jt shall be no defense in any criminal or civil prosecution

under these regulations for an individual to claim a lack of awareness or

understanding of these regulations or other applicable law.

b. Federal Prosecution. Nothing in these regulations shall be deemed to preclude a

federal prosecution for a violation of federal law. Federal prosecution may be pursued

in addition to or in lieu of other enforcement procedures provided by these

regulations.

c. State Jurisdiction Preempted. It shall not be a defense to any civil infraction or

criminal offense under these regulations that the alleged activity may be lawful under

State law.

Article VI. Enforcement and Penalties

6.01.

Damages, Restitution, Fines, Fees, or other applicable Penalties

a. Restitution for Improper/INegal Harvest or Possession.

1. In addition to any other penalties provided by law, a person found guilty

or liable for a criminal or civil violation that involves the illegal taking,

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killing, or possession of a plant, fish, migratory bird, or wildlife creature, shall

reimburse the Tribe for each plant, fish, migratory bird, or wildlife creature,

according to the schedule below:

SPECIES FINE

Sturgeon, Grayling, Elk, Bear, or any | $2500

endangered, threatened, or protected

species as defined by the LRBOI

Natural Resource Department

Deer, Muskellunge, Tiger Muskellunge $1000

Wild turkey, beaver, mink, otter, | $500

badger, bobcat muskellunge, tiger

muskellunge, lake trout, brown trout,

rainbow trout, brook trout, largemouth

bass, smallmouth bass, walleye,

northern pike, whitefish, menominee

whitefish

Rabbit, muskrat, squirrel, raccoon, | $100

ruffed grouse, woodcock, mourning

dove, ringneck pheasant, quail,

sharptail grouse

Any fish or game animal not named $50

When the Tribal Court enters an Order declaring bond to be forfeited, the Tribal

Court may also order that some or the entire forfeited bond be paid as restitution

to the Tribe according to the above schedule.

b. The Natural Resources Department shall ensure that the Restitution Schedule is

posted annually in the Tribal buildings, and published on the Tribe’s website.

c. In any hearing on a suspected criminal violation of the laws or regulations of the Tribe,

the Tribal Court shall assign the amount set by this ordinance as restitution owed

to the Tribe if the suspected violator is found guilty of a criminal offense.

6.02. Community Service.

a. In addition to any criminal penalty imposed, or community service, set out in Tribal

laws or regulations, the Tribal Court may require community service of a type to be

determined by the Tribal Court.

b. Examples of such community services may include, but may not be limited to, serving

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6.03.

6.04.

6.05.

afeast for the elders, providing food and services to the membership during the spring

or fall feasts, clean-up of Tribal lands, provide assistance to the Natural Resources

Department .

The Tribal Court may consult with the Historic Preservation Department in an effort

to determine an appropriate remedy that best befits Ani8hinadbek traditions.

Remedial Harvest Education Course. In addition to the criminal penalties set out in Tribal

laws and regulations, the Tribal Court may require any violator to complete a remedial

Tribal Harvest Education Course taught or approved by the Natural Resources Department.

Costs. The Tribal Court also may charge the violator with payment of all reasonable costs

associated with the criminal prosecution of Tribal laws and regulations, including collection

of any settlement, fine, or restitution costs; witness expenses; accounting expenses; demand

letters; hearing costs; and attorney fees.

Revocation of Harvest Privileges.

a.

In addition to any fine imposed by the Tribal Court as a result of a finding of guilt

or responsibility, the Tribal Court may revoke a Tribal citizen’s harvesting privileges

if an individual is found:

1. To be liable for three (3) misdemeanors or infractions during a three (3) year

period;

2. To have carelessly handled a firearm, trap, bow, or crossbow that caused

accident and injury to a person or property;

3. To have carelessly handled a firearm, trap, bow, or crossbow that caused injury

to fish, migratory birds, or wildlife;

4. To have carelessly injured a human being by use of a firearm, trap, bow, cross

bow;

5. To have caused accidental injury or death to a person by use of a firearm, trap,

bow, or cross bow, and fled or failed to render assistance;

6. To have failed to comply with the terms of any Tribal Court order, or

suspension of privileges; or

7. To have otherwise participated in conduct highly offensive to the traditions of

the AniShinaabek people.

Any revocation of an individual’s harvesting privileges shall be for a period not to

exceed thirty-six G6) months. Prior to revoking an individual’s harvesting privileges,

notice shall be provided by the Court or the law enforcement agency who investigated

the offense.

1. The notice required by this section shall contain the following:

a. A statement that the Tribal Court will consider whether to revoke

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the offender’s privilege of exercising harvesting privileges, and that the

privilege may be revoked for up to thirty-six (36) months;

b. A statement of the basis for the proposed action including a list of the

alleged criminal offenses, infractions, or other violations; and

c. The date of the Tribal Court hearing to consider the case; a statement

that the individual has the right to appear before the Tribal Court, to

present evidence, to call witnesses, and to be represented by legal

counsel at their own expense.

6.06. Forfeiture. The Tribal Court may, upon conviction of any person of any civil or criminal

violation of this ordinance at the Court’s discretion and in addition to any other fines or

penalties the Court may impose, order any materials permanently seized from such person.

CERTIFICATION

I, Sandra Lewis, Tribal Council Recorder, do hereby certify that this is a true and correct copy of

the Law and Order-Natural Resources-Criminal Offense and Penalty Act adopted by the Tribal

Council on May 14, 2014 and amended by Tribal Council on November 7, 2018.’

\\~ 77-14% aw) ——

Date Sandra Lewis

Tribal Council Recorder

[Seal]