LTBB Gathering Regulations For

Tribal code

Ask Donna

What actually matters in this document.

Text

National Forest Lands

Section 1:

Definitions

1.01

Campground - Any site within a National Forest where the Forest Service,

either directly or through a third party contractor, would require a fee from the

general public to camp or where some registration process is used to identify the

camper and specific camp sites that will be used.

1.02

Campgrounds “Closed” to Camping Outside of the Annual Operating

Season - Those campgrounds that are closed to tribal member camping during the

specified period, except pursuant to and in conjunction with a permit issued by a

Member Tribe’s Natural Resource Department.

1.03

Ceded Territory - Those off-reservation lands ceded by the Tribe or another

signatory tribe to the United States of America in the Treaty of 1836.

1.04

CORA - The Chippewa-Ottawa Resource Authority.

1.05

Designated Tribal Sugarbush - A specific site identified and established by the

tribal conservation department, in consultation with the Forest Service, for which

a site management plan has been developed and for which a sugarbush site permit

has been issued.

1.06

Developed National Forest Campground - A location that is clearly marked and

identified as a campground by the Forest Service and on which improvements

clearly have been made to develop and maintain the site as a campground.

1.07

Developed Forest Service Recreation Site - An area of National Forest system

lands which has been improved or developed for public recreation.

1.08

Fee-Exempt Campgrounds - Those campgrounds where tribal members may

camp for no charge.

1.09

Forest Service - The United States Department of Agriculture, Forest Service.

1.10

Forest Service Administrative Site - A specific site where an office, storage or

other building or structure is located and maintained by the Forest Service as part

of its operation and management of a National Forest.

1.11

Gather or gathering - To take or acquire or attempt to take or acquire possession

of any wild plant, or part thereof.

LTBB Gathering Regulations for National Forest Lands

1.12

Length of Stay Limitation Campgrounds - Those campgrounds where tribal

members may not continuously camp for longer than the specific period indicated.

1.13

Motor vehicle - Any vehicle which is self-propelled or any vehicle which is

propelled by electric power obtained from batteries, but not operated on rails,

including, motorcycles, all terrain vehicles, and off-road vehicles.

1.14

National Forests - Those lands located within the ceded territory or within the

boundaries of any Signatory Tribe’s Reservation, that are part of the Hiawatha

National Forest or the Huron-Manistee National Forest and are managed by the

United States Forest Service.

1.15

Open Forest Service Timber Sale Contract Area - A defined location of a

National Forest which has been delineated by the Forest Service for the purposes

of a timber sale offering and for which a valid Forest Service timber sale contract

has been executed.

1.16

Reservation - Those lands and waters encompassed within the boundaries of

areas reserved for any Signatory Tribe in Articles Second and Third of the Treaty

of March 28, 1836 (7 Stat. 491) and those areas reserved for a Signatory Tribe in

Article First of the Treaty of Detroit of July 31, 1855 (11 Stat. 621). See

Attachment - 1, identifying each Signatory Tribes’ Reservation.

1.17

Salvage Timber - Any tree in a Forest Service salvage timber stand, whether

alive, dead, down or standing, having a diameter of four inches or greater at breast

height.

1.18

Signatory Tribe - An Indian Tribe which is a signatory to the Treaty of 1836, 7

Stat. 491, or such tribe's successor in interest, which is a party to the

Memorandum of Understanding.

1.19

Structure - A building or other structure such as longhouses or sweat lodges used

in connection with ceremonies, or structures such as hunting blinds, fish houses or

sugarbush shacks, that are used in the exercise of treaty-reserved hunting, fishing

or gathering rights.

1.20

Tree with Commercial Value - Any tree on National Forest system lands,

whether alive, dead, down or standing having a trunk diameter of 4 inches or

greater at breast height.

1.21

Tribal Court - The judicial or quasi-judicial body designated by a signatory

Tribe’s governing body to adjudicate civil infractions under applicable Tribal law.

1.22

Tribal Entity - An agency, business, partnership, corporation, committee, body

or other entity, and the officers, employees and agents thereof, that is chartered,

directed, controlled, or majority owned by the Tribe.

LTBB Gathering Regulations for National Forest Lands

1.23

Tribal Member - An enrolled member of a Signatory Tribe.

1.24

Research Natural Areas - A physical or biological unit within a National Forest

in which natural conditions are maintained insofar as possible. These conditions

are ordinarily achieved by allowing natural physical and biological processes to

prevail without human intervention. However, under unusual circumstances,

deliberate manipulation may be utilized to maintain the unique feature that the

Research Natural Area was established to protect.

1.25

Wilderness Areas - Those parts of a National Forest which are designated units

of the National Wilderness Preservation System by the Wilderness Act of

September 3, 1964, and such other areas of the National Forest system as are

added to the wilderness system by act of Congress.

1.26

Tribe - Little Traverse Bay Bands of Odawa Indians (LTBB).

1.27

Vehicle - Any device in, upon, or by which any person or property is or may be

transported, including any frame, chassis, or body of any motor vehicle, except

devices used exclusively upon stationary rails or tracks.

1.28

Wild Plant - Any undomesticated species, or part thereof, of the plant and fungi

kingdoms occurring in the natural ecosystem, but for the purposes of this

ordinance excludes wild rice.

Section 2:

Permits and Identification -- General.

2.01

No member shall gather any wild plant in a National Forest without possessing a

valid tribally issued USFS Gathering License and/or any permits that may be

nessecarry.

2.02

Othe Signatory Tribes. Except as provided in 2.03 the conservation department of

any Signatory Tribe may issue such harvesting permits to members of any other

Signatory Tribe, provided such other Tribe has enacted an ordinance governing

gathering in National Forests that is at least as restrictive as this ordinance.

2.03

No member shall gather any wild plant on National Forest system lands within the

boundaries of a Signatory Tribe’s Reservation without having obtained consent

from the Tribe on whose Reservation the member will be gathering wild plants.

The host Tribe’s conservation department may impose such additional terms,

conditions and location restrictions to the permit as it deems necessary or

appropriate.

2.04

No member shall refuse to display his or her identification documents upon

request of any tribal, federal, state, or local law enforcement officer.

LTBB Gathering Regulations for National Forest Lands

2.05

No member shall fail to comply with the terms, conditions and location

restrictions of a permit issued pursuant to this ordinance.

2.06

Except as provided in 2.03 the conservation department of any Signatory Tribe is

authorized to issue to members permits required by this ordinance and to impose

such terms, conditions and location restrictions in those permits as it deems

necessary or appropriate. Except as otherwise required by this ordinance, the

form of such permits shall be left to the discretion of the tribal conservation

department, provided such form shall require the name, address and member's

tribal identification number.

Section 3:

Commercial Wild Plant Gathering Permits.

3.01

No member shall gather any wild plants to sell without possessing a valid

commercial wild plant gathering permit.

3.02

A commercial wild plant gathering permit shall:

(a) Identify the permittee or permittees, including the name, address, tribal

affiliation and tribal identification number of all members authorized by the

permit; and

(b) Identify the amount and general location of the plants to be gathered;

the permit while engaged in the gathering activity.

3.03

A commercial wild plant gathering permit may:

(a) Establish limits on the quantity of the plants which may be gathered;

(b) In addition to other area restrictions provided in this ordinance, limit

gathering to a specific area or areas;

(d) Establish such other conditions or requirements deemed necessary or

appropriate by the tribal conservation department.

Section 4:

Harvest and Location Restrictions.

Wilderness, Research Natural Areas, and Special Use Areas Established. It is the

responsibility of Tribal members to know the location and boundaries of all designated

LTBB Gathering Regulations for National Forest Lands

Wilderness Areas, Research Natural Areas and other Special Use Areas subject to

particular restrictions. The following document, as it may be amended from time to time,

is hereby adopted and incorporated in this ordinance as if fully set forth herein:

Appendix C, Wildernesses and Research Natural Areas on National Forests, Version 1:

[October 2005].

4.01

Wilderness Areas and Research Natural Areas. - Gathering of wild plants within

designated wilderness areas shall be prohibited except for religious, medicinal or

ceremonial uses and in accordance with the terms of a special permit issued by the

Tribe.

4.02

Special Use Areas. [RESERVED]

4.03

Forest Service Administrative Sites. No member shall gather wild plants under

authority of this ordinance on a Forest Service administrative site. It is the

member's responsibility to be certain about a Forest Service administrative site.

Any uncertainty should be resolved by contacting a Signatory Tribe’s

conservation department, the Chippewa-Ottawa Resource Authority or the local

National Forest District office.

4.04

Gathering in Developed Campgrounds. No member shall gather wild plants

under authority of this ordinance on any land located within a developed National

Forest Campground. It is the member's responsibility to be certain about a

developed National Forest campground . Any uncertainty should be resolved by

contacting a Signatory Tribe’s conservation department, the Chippewa-Ottawa

Resource Authority or the local National Forest District office.

(a) Except where firewood is provided at no cost by the campground or where

firewood will be used while camping in the campground, no member shall

gather firewood in a developed National Forest campground.

4.05

Non-National Forest Lands. No member shall gather wild plants under authority

of this ordinance on any land located within the boundaries of a National Forest

that is not managed by the United States of America and part of a National Forest.

This provision does not apply to or otherwise restrict any wild plant gathering on

non-National Forest lands that is authorized by another tribal ordinance.

Section 5:

5.01

Harvest Regulations

Conifer Boughs

(a) No member shall cut down a tree for the purpose of gathering conifer boughs

(b) No member shall remove boughs from the upper half of a tree; or

LTBB Gathering Regulations for National Forest Lands

5.02

Princess Pine

(a) No member shall gather for subsequent sale any Lycopodium species except

obscurum, Lycopodium dendroidum, or Lycopodium hickeyi.

5.03

Firewood

(a) No member shall cut any tree for firewood unless the tree is included within

an area designated by a Signatory Tribe for firewood gathering. Members may

only cut and gather trees that are either dead or down for firewood. The

Signatory Tribes and Forest Service shall annually identify those portions of

the National Forest that will be open to firewood gathering and shall make

maps of those areas available to members including identification of any

special restrictions or conditions that may apply to particular locations.

(b) No member shall use a farm tractor, rubber tired skidder, or similar vehicle for

gathering firewood except as may be authorized by applicable Forest Plans or

in accordance with permits issued by the Tribe pursuant to procedures agreed

to by the Tribe and Forest Service.

regulate and issue permits to Tribal members for the gathering of firewood,

including regulations necessary to address restrictions in areas that are subject

to active timber sales or emergency closures, or as may be necessary to protect

wildlife or other natural resources.

5.04

Ginseng

(a) No member shall gather ginseng for any purpose between November 1

through August 31

5.05

Maple Sap/Sugarbushes

(a) No member shall gather maple sap without a sugarbush site permit valid for a

designated tribal sugarbush or for such other locations approved by the tribal

conservation department in consultation with the Forest Service.

(b) The tribal conservation department may issue a sugarbush site permit to one

or more members and may impose such terms and conditions as it deems

necessary or appropriate.

site permit.

LTBB Gathering Regulations for National Forest Lands

Section 6:

Harvest Monitoring.

6.01

No member to whom any permit has been issued under this ordinance shall fail or

refuse to provide harvest information when requested by the tribal conservation

department, any person authorized to enforce this ordinance, or the ChippewaOttawa Resource Authority.

6.02

Any records required to be maintained pursuant to this section shall be forwarded

annually to the tribal conservation department, or its designee.

No member shall fail to comply with the reporting requirements of this section

6.03

Section 7:

Emergency Closures.

7.01

Notwithstanding any other provision of this ordinance, the Director of the

Biological Services Division of the Chippewa-Ottawa Resource Authority or a

majority of the Signatory Tribe’s conservation departments may order the closure

of the harvest activity of any wild plant in a National Forest generally or with

respect to a particular location, whenever the continuation of the harvest is likely

to cause biological harm to the species involved or if necessary to protect public

health or safety. The Director of the Biological Services Division or other

representatives of the Signatory Tribes will notify the Forest Service of any

proposed closure orders.

7.02

Every reasonable effort shall be made to consult with and obtain approval of each

Signatory Tribe prior to ordering an emergency closure, but such closure may be

ordered without consultation or approval if circumstances require.

7.03

An emergency closure shall become effective immediately upon issuance or at

such time or date as the closure order may direct. Such closure shall be

communicated to each Signatory Tribe by the best and swiftest practical method.

7.04

No member shall violate the terms, conditions or restriction of an emergency

closure order issued pursuant to this section.

Section 8:

Harvest of Trees and Timber.

8.01

Harvest for Sale as “Lumber” or Similar Wood Products. No member shall under

authority of this ordinance cut down any tree or gather any timber for the

purposes of selling all or part of it, or any product derived from its wood, without

a permit issued pursuant to 8.03.

8.02

Harvest of Tree with Commercial Value No member or tribal entity shall cut

down any tree with commercial value or gather any timber under authority of this

ordinance without a permit issued pursuant to 11.03.

LTBB Gathering Regulations for National Forest Lands

8.03

Permit to Harvest of Tree or Gather Timber. A Signatory Tribe’s conservation

department is authorized to issue permits authorizing members or tribal entities to

harvest trees or gather timber located on National Forest system lands under this

section on such terms and conditions as it deems necessary and appropriate. The

availability of permits for the harvest of trees or gathering of timber shall be on

such terms and conditions as may be agreed to by the Forest Service and one (1)

or more signatory Tribe.

8.04

No member shall cut down any tree that has been designated with any of the

following markings, and no member shall remove, alter or deface any of the

following markings:

(a) Paint. Paint may designate the boundaries of a payment unit within a Forest

Service Timber Contract Sale Area, boundaries between National Forest

system land and other ownerships, a tree being used to collect cones or seeds

for nursery stock.

(b) Metal or Wood Forest Service Signs. These signs designate property or

National Forest boundaries, indicate legal corners or other survey data,

indicate nursery stock, or provide other similar information.

8.05

No member shall fail to comply with the terms and conditions of a permit issued

pursuant to this section.

Section 9:

Harvest of Trees Subject to a Timber Sale Contract or Located

Within a Forest Service Timber Sale Contract Area.

9.01

No member shall gather any tree under authority of this ordinance without a

permit issued pursuant to 9.04 that is subject to the harvest rights of another in a

valid Forest Service timber sale contract. Sometimes these trees are marked with

paint. However, it is the member's responsibility to be certain about trees that are

subject to a valid Forest Service timber sale contract. Any uncertainty regarding

identification of trees subject to a Forest Service Timber Sale Contract should be

resolved by contacting a Signatory Tribe’s conservation department, the

Chippewa-Ottawa Resource Authority or the local National Forest District office.

9.02

Within an open Forest Service Timber Sale Contract Area, no member shall

undertake any of the following activities under authority of this ordinance without

a permit issued pursuant to 9.04.

(a) Cut down any tree;

LTBB Gathering Regulations for National Forest Lands

(b) Remove the bark of any tree;

(d) Trim or remove the branches or other parts, except cones, of any tree that has

been cut down by another person.

9.03

It is the member's responsibility to be certain about an open Timber Sale Contract

Area. Any uncertainty should be resolved by contacting a Signatory Tribe’s

conservation department, the Chippewa-Ottawa Resource Authority or the local

National Forest District office.

9.04

A Signatory Tribe’s conservation department, is authorized to issue permits

authorizing Tribal Members and Tribal entities to gather trees within a Timber

Sale Contract Area after first consulting with the Forest Service and on such

terms and conditions as the Forest Service deems necessary and appropriate. The

permit must be specific as to the quantity, species and condition of the materials

to be harvested.

(a) No member shall fail to comply with the terms and conditions of a permit

issued pursuant to this section.

Section 10:

10.01

Permissible Conduct/Assistance by Non-Members.

Conduct which is not expressly prohibited, restricted or otherwise regulated by

this ordinance shall be deemed permissible.

10.02 Except as provided in 9.03 or as otherwise provided herein, nothing in this

ordinance shall be construed to prohibit a member from gathering in a National

Forest with any other person who is not a member of a Signatory Tribe, provided

that such other person possesses a license or permit, or is otherwise not prohibited

from engaging in the activity involved and complies with applicable laws.

10.03

No member shall allow any person who is not a member to assist, and no such

person shall assist, in the activities authorized by this ordinance except that

persons of the member’s immediate family, including but not limited to

grandparents, parents, spouses, and siblings, may assist the member provided the

member is present when the assistance is rendered.

Section 11:

11.01

Construction of Structures on National Forest Lands.

Permits for Structures; Identification.

(a) Permits. A Signatory Tribe’s conservation department, after first consulting

with the Forest Service, is authorized to issue permits authorizing members or

LTBB Gathering Regulations for National Forest Lands

tribal entities to locate structures which contain any of the attributes described

in subs. 11.02-11.04 on National Forest lands under this section on such terms

and conditions as it deems necessary and appropriate. Tribal members and

entities may locate structures which do not contain any one (1) of the

attributes described in subs. 11.02-11.04 on National Forest lands without a

permit unless required by the appropriate Signatory Tribe.

(b) Identification Marks Required. All structures located on National Forest lands

by members or tribal entities, including those structures not requiring a

permit, shall be required to have some identification which permits

appropriate conservation wardens or law enforcement personnel to determine

the name, address and tribal affiliation of the person who constructed the

structure.

11.02 Use of Non-Native Material. No member or tribal entity shall construct any

structure on National Forest system lands under authority of this ordinance, which

is constructed from non-native, processed materials such as dimensional lumber,

plywood, siding or roofing without a permit issued pursuant to 11.01

11.03 Maintenance of Structures for Over 90 Days. No member or tribal entity shall

maintain any structure, or any non-native materials used in the construction of any

structure, on National Forest system lands under authority of this ordinance for

more than ninety (90) consecutive days without a permit issued under 11.01

11.04 Structures Larger Than 20 Square Feet. No member or tribal entity shall

construct any structure on National Forest lands under authority of this ordinance

which occupies more than twenty (20) square feet (i.e. 4 ft. x5 ft.) without a

permit issued pursuant to 11.01

11.05 It is the member or entity’s responsibility to verify that the intended structure to

be constructed is not prohibited by this ordinance or is exempt from permit

requirements. Any uncertainty should be resolved by contacting the tribal

conservation department or the Chippewa-Ottawa Resource Authority.

11.06 No member shall fail to comply with the terms and conditions of a permit issued

pursuant to this section.

Section 12:

USE OF CAMPGROUNDS

12.01 Tribal members may camp at certain National Forest campgrounds without being

required to pay camping fees and may be eligible to waiver of length of stay

limitations that would otherwise apply to certain National Forest campgrounds

during specific times of the year. In some cases, Tribal members may receive

permission to camp in National Forest campgrounds during seasons or periods

that those campgrounds are otherwise “closed” to public use. The following

LTBB Gathering Regulations for National Forest Lands

sections detail the procedures which Tribal members must follow to receiving

waivers from fees, length of stay restrictions and closed campground provisions

and regulations governing the use of those campgrounds. For a list of National

Forest Campgrounds to which Tribal members may obtain permits entitling them

to for exemptions from fees, length of stay limitations or closures please contact

your Natural Resource Department or local U.S. Forest Service Office.

12.02 Procedures for Using Fee-Exempt Campground Sites. In order to use any

campsite within a fee exempt campground, a tribal member must:

(1) Must obtain a campground fee exemption form from their applicable Natural

Resource Department. The campground fee exemption form must be obtained

prior to camping or attempting to camp. Said forms will not be available at

USFS campgrounds.

(2) Following the registration procedures and completing the paperwork

generally used for the site and in lieu of fee payment, providing to

campground compliance personnel and/or placing in a campsite fee envelope

the issued valid campground fee exemption form.

(3) Camp only at a site for which he or she has registered.

12.03 Reserving a Fee Exempt Campsite. Tribal members may use the Forest Service’s

local or national systems for reserving particular fee-exempt campsites available

through those systems, but tribal members will still have to pay any camping

and/or reservation fee that is collected as a condition for making the reservation.

However, for campsites which are not included in the national reservation system,

where there is a need, including the demonstrated inability to obtain campsites on

a first-come, first-served basis, a tribal member may contact their Natural

Resource Department, or Natural Resource Commission. The Natural Resource

Department or Commission, may then ask the local Forest Service District to

reserve a site for the member.

12.04 Interference With Other Campers. No member shall interfere with or displace

any person who is camping or who has a reservation to camp at a National Forest

campsite.

12.05 Failure to Pay Non-Exempt Camping Fees. No member shall fail to pay any fee

for camping for which the MOU, Exemption Agreement or Implementation Plan

do not provide an exemption.

Section 13

General Regulations and Requirements. While exercising the Tribe’s

ceded territory rights in a National Forest, the following are

prohibited:

LTBB Gathering Regulations for National Forest Lands

13.01 Interfering With an Enforcement Officer or Official. Threatening, resisting,

intimidating, interfering with or giving false or fraudulent information to any

Forest Service or Tribal enforcement officer, employee, official, representative or

agent engaged in the performance of their duties.

13.02 Disorderly Conduct. Conduct or actions that constitute:

(a) Engaging in fighting.

(b) Addressing any offensive or derisive or annoying communication to any other

person who is lawfully present when such communication has a direct

tendency to cause acts of violence by the person to whom the remark is

addressed.

imminent lawless action and likely to incite or produce such action.

(d) Causing public inconvenience, annoyance, or alarm by making unreasonably

loud noise.

13.03

Fire.

(a) Carelessly or negligently throwing or placing any ignited substance or other

substance that may cause a fire.

(b) Firing any tracer bullet or incendiary ammunition.

(d) Allowing a fire to escape from control.

(e) Building, attending, maintaining, or using a campfire without removing all

flammable material from around the campfire adequate to prevent its escape.

(f) Building, attending, maintaining, or using a fire outside of a fire ring provided

by the Forest Service for such purpose or outside of a stove, grill or fireplace

when using a developed Forest Service recreation site.

(g) Violating any Forest Service imposed fire ban or other restrictions on the

possession or use of items that may cause fire in areas where a fire ban has

been imposed.

13.04

Property.

(a) Damaging or removing any natural feature or other property of the United

States.

LTBB Gathering Regulations for National Forest Lands

(b) Entering any building, structure, or enclosed area owned or controlled by the

United States when such building, structure, or enclosed area is not open to

the public.

13.05 Occupancy and Use.

(a) Discharging a firearm, bow or crossbow in or within 150 yards of a residence,

building, campsite, developed Forest Service recreation site, or cave.

(b) Abandoning any personal property.

hazard to the safety of any person.

(d) Operating or using any device which produces noise, such as a radio,

television, musical instrument, motor, engine or public address system

(portable or vehicle mounted) in such a manner and at such a time so as to

unreasonably disturb any person.

(e) Failing to stop a vehicle when directed to do so by a properly identified Forest

Service or Tribal employee or officer.

(f) Failing to pay any fee or other charge for which the MOU or harvest

regulations do not provide exemptions.

(g) Discharging or igniting a firecracker, rocket or other firework, or explosive

into or within any cave.

(h) Discharging or igniting a firecracker, rocket or other firework, or explosive

while at any developed Forest Service recreation site.

(i) Cleaning or washing any personal property, fish, animal, or food, or bathing

or washing at a hydrant or water faucet not provided for that purpose.

(j) Occupying between 10 p.m. and 6 a.m. a place clearly posted for day use

only.

(k) Failing to remove camping equipment or personal property when vacating the

area or site.

(l) Placing, maintaining, or using camping equipment except in a place

specifically designated or provided for such equipment.

LTBB Gathering Regulations for National Forest Lands

(m) Without permission from a campground official, failing to have at least one

person occupy a camping area during the first night after camping equipment

has been set up.

(n) Leaving camping equipment unattended for more than 24 hours without

permission of a campground official.

(o) Bringing in or possessing an animal, other than a seeing eye dog, unless it is

crated, caged, or upon a leash not longer than six feet, or otherwise under

physical restrictive control.

(p) Bringing in or possessing in a swimming area an animal, other than a seeing

eye dog.

(q) Operating or parking a motor vehicle or trailer except in places developed or

designated for this purpose.

(r) Operating a bicycle, motorbike, or motorcycle on a trail unless designated for

this use.

(s) Operating a motorbike, motorcycle, or other motor vehicle for any purpose

other than entering or leaving the site.

(t) Depositing any body waste except into receptacles provided for that purpose.

(u) Entering, using or camping in an area without permission that has been posted

as closed either generally or as to specific dates or times where a fire ban has

been imposed.

(v) Occupying a site with prohibited camping equipment.

(w) Using a campsite or other area by more than the number of users or vehicles

allowed.

(x) Being publicly nude.

(y) Discharging a firearm, air rifle, or gas gun when prohibited.

(z) Being in an area between 10 p.m. and 6 a.m. unless camping or visiting a

person who is camping.

(aa) Possessing or storing any food or refuse in violation of posted instructions.

13.06

Sanitation.

LTBB Gathering Regulations for National Forest Lands

(a) Depositing in any toilet, toilet vault, or plumbing fixture any substance which

could damage or interfere with the operation or maintenance of the fixture.

(b) Possessing or leaving refuse, debris, or litter in an exposed or unsanitary

condition.

may pollute the water.

(d) Failing to dispose of all garbage, including any paper, can, bottle, sewage,

waste water or material, or rubbish either by removal from the site or area, or

by depositing it into receptacles or at places provided for such purposes.

13.07 Vehicle Use. The following is prohibited while operating any vehicle within a

National Forest while exercising treaty harvest rights.

(a) The use of motorized vehicles, boats, machinery, bicycles and other wheeled

mechanisms shall be prohibited within designated wilderness areas. This

prohibition shall apply to Tribal agencies and tribal staff in addition to

individual tribal members.

(b) Operating any vehicle off any public road within a National Forest except for

off-highway vehicles on designated trails, routes or areas in accordance with

applicable regulations or may be authorized by applicable Forest Plans or

special permits agreed to by the Tribe and Forest Service.

manner that endangers, or is likely to endanger, any person or property.

(d) In a manner which damages or unreasonably disturbs the land, wildlife or

vegetative resources.

(e) Using a campsite or other area by more than the number of users or vehicles

allowed.

(f) Parking or leaving a vehicle in violation of posted instructions.

(g) Placing a vehicle or other object in such a manner that it is an impediment or

hazard to the safety of any person.

Section 14

ENFORCEMENT

14.01 Enforcement by Deputized Conservation Wardens and Issuance of Citations.

LTBB Gathering Regulations for National Forest Lands

(a) Any provision of this ordinance may be enforced by any Signatory Tribe’s

conservation wardens or other Tribal law enforcement officers as authorized

by Tribal law and by Forest Service law enforcement officers authorized

under 16 U.S.C. §559.

(b) Such Tribal wardens and Tribal law enforcement officers may issue a citation

on a form approved by the Tribe or tribal court to any person whose conduct

is regulated by the provisions of this ordinance upon reasonable belief that

such person has violated or breached a provision of this ordinance.

14.02 Search and Seizure; When Authorized.

Tribal conservation wardens, Tribal law enforcement officers, and properly identified

Forest Service law enforcement officers are empowered to:

(a) Conduct a search of an object, place or person whose conduct is regulated by

the provisions of this ordinance, and may seize things when the search is

made:

(i) with consent;

(ii) pursuant to a valid search warrant;

(iii) with the authority and within the scope of a right of lawful inspection as

provided in this section;

(iv) incident to the issuance of a lawfully issued citation under this ordinance;

(v) as otherwise authorized by law or by the provisions of this ordinance;

(b) Conduct routine inspections, in a manner and at such times and locations as

are reasonable and appropriate in the ordinary course of routine enforcement

activities, of vessels, boats, wagons, trailers, automobiles, snowmobiles, offhighway vehicles, containers, packages, and other receptacles contained

therein, utilized by a person in a harvest activity authorized by this ordinance

and of record of commercial transactions required under this ordinance with

have not yet been forwarded to the tribal conservation department;

accordance with applicable law;

(d) Stop any automobile or other vehicle as part of a lawful inspection authorized

by this section or if the person reasonably suspects there is a violation or

breach of this ordinance;

LTBB Gathering Regulations for National Forest Lands

(e) With or without a warrant, open, enter and examine vessels, boats, wagons,

trailers, automobile, vehicles, snowmobiles, off-highway vehicles, and

packages and other receptacles contained therein, in which the person has

probable cause to believe that contraband wild plants, may be contained or

pursuant to a lawful inspection authorized by this section;

(f) Seize and hold, subject to order of the Tribal Court, any property incorporated

into or located in, any structure belonging to a member or tribal entity which

is located on National Forest lands in violation of section 4.07; and

(g) Seize and hold subject to the order of the Tribal Court any alleged contraband

or property which such person reasonably believes may be needed as evidence

in connection with the institution of proceedings in tribal court or any property

otherwise authorized to be seized by the provisions of this ordinance.

14.03 Seized Items. Any wild plant, or other property, which is seized in connection

with cases referred to Tribal Court for prosecution shall be turned over to the

Tribe. No seized wild plant shall be returned by the Tribal Court or tribal officials

to a convicted violator, his or her immediate family or other member of the

gathering party.

14.04 Penalties.

(a) Any person who, for himself or herself, or by his or her agent, servant or

employee, or as an agent, servant or employee of another, violates this

ordinance, shall be liable as follows:

(i) For any violation, a civil remedial forfeiture of not more than $5000.00;

(ii) For any violation, a revocation or suspension of National Forest gathering

privileges for a period of time within the discretion of the Tribal Court;

(iii)For any violation, the court may order a natural resources assessment not

to exceed 75% of the amount of the civil remedial forfeiture; and

(iv)For any violation, appropriate court costs within the discretion of the

Tribal Court.

14.05 Civil Damages.

(a) In addition to any other penalty allowed by this ordinance, the Tribal Court

may award to the Tribe or, in addition to an action to impose penalties, the

Tribe may bring a civil action for recovery of, damages against any person

unlawfully gathering, unlawfully locating a structure on National Forest lands,

or having unlawfully in possession any wild plant taken from a National

LTBB Gathering Regulations for National Forest Lands

Forest. The sum assessed for damages for each wild plant shall not be less

than the amount stated in this section:

(i) Any endangered or threatened species protected under this ordinance,

$875.00.

(ii) Any wild plant for which a fair market value can be established, the fair

market value.

(iii) Any other wild plant, $17.50.

(b) Where the Forest Service or another person or entity has sustained damages

as a result of unlawful harvest, the court may, with the consent of the Tribe,

award all or part of any civil damages obtained pursuant to this section to the

Forest Service or to such person or entity.

14.06 Enhancement of Forfeiture and Penalties. Upon conviction of any member for a

violation of this ordinance when such person has been convicted of a previous

violation of this ordinance within a period of one year, the court may enhance any

civil remedial forfeiture or other penalty as the Tribal Court deems appropriate.

14.07 Collection of Money Penalties. Enforcement of the money penalties imposed

pursuant to this ordinance may be had through the collection of penalties from

funds of the violator held by the Tribe, through the imposition of community

service work requirements in lieu of money payment, through debt collection

mechanisms of the courts of other jurisdictions, or through any other method

authorized by law.

14.08 Parties to a Violation.

(a) Whoever is concerned in the commission of a violation of this ordinance shall

be deemed a principal and may be charged with the violation although he or

she did not directly commit it and although the person who directly committed

it has not been convicted of the violation.

(b) A person is concerned in the commission of the violation if the person:

(i) directly commits the violation;

(ii) aids or abets the commission of it; or

(iii) is a party to a conspiracy with another to commit it, or advises, hires, or

counsels or otherwise procures another to commit it.

14.09 Harvesting After Revocation or Suspension. No person whose National Forest

wild plant gathering privileges have been revoked or suspended pursuant to

LTBB Gathering Regulations for National Forest Lands

Section 6.04(2), shall gather any wild plant in a National Forest, the harvest of

which is regulated by this ordinance, during such revocation or suspension.

14.10 Schedule of Money Penalties; No Contest. The Tribe's regulatory body may adopt

a schedule of forfeitures to be imposed by the court upon the receipt of an

admission that a violation of this ordinance has occurred, or a plea of not contest,

which may be done either in person or in writing. This schedule shall not bind the

Tribal Court as to forfeitures assessed by the court after adjudicating a violation

where the defendant has entered a plea of not guilty.

14.11 Hearings in Tribal Court. The Tribal Court shall adjudicate all matters arising

under this ordinance pursuant to the provisions of the Tribal Court’s Rules of

Procedures as appropriate.

14.12 Members of Other Tribes, Tribal Court Adjudications.

(a) The tribal court is authorized to adjudicate alleged violations by any member

of a Signatory tribe of any National Forest gathering code of that Tribe

provided:

(i) The relevant provisions of such ordinance are in essential conformance

with the parallel provisions of this ordinance; and

(ii) The other Tribe has authorized the adjudication.

LTBB Gathering Regulations for National Forest Lands

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.