# Lower Brule Sioux Tribe

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URL: https://www.frixlaw.com/law-library/documents/tribal%3Alower_brule_sioux%3A6d07111d65fa59e4

## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

Lower Brule Sioux Tribe
Department of Wildlife, Fish and Recreation
Wildlife, Fish and Recreation Enforcement Code
(Last updated March 2023)
SECTION 1: GENERAL PROVISIONS
1.01 Title. This ordinance shall be known as the Lower Brule Sioux Tribe Wildlife, Fish and
Recreation Enforcement Code.
1.02 Authority. This ordinance is enacted pursuant to Article VI, Section 1(j) of the
Constitution of the Lower Brule Sioux Tribe and Ordinance No. LB-82-C adopted by the Lower
Brule Sioux Tribal Council on June 2, 1982.
1.03 Policy and Legislative Intent.
(1) The Tribal Council of the Lower Brule Sioux Tribe, recognizing the spiritual, cultural, and
economic value of the wildlife, fish and recreation resources of the Lower Brule Sioux Reservation;
and recognizing that these are irreplaceable Tribal resources; and recognizing that unregulated use of
the wildlife, fish, and recreation resources of the Tribe would threaten the political integrity, the
economic security, and the health and welfare of the Lower Brule Sioux Tribe, hereby enacts this
Wildlife, Fish and Recreation Enforcement Code to ensure proper management of these vital
resources.
(2) Further, recognizing that enrolled members of the Lower Brule Sioux Tribe alone have the
absolute, inherent, retained sovereign right to use and enjoy the Lower Brule Sioux Reservation, and
to govern its use by its members and all others, the Tribal Council, in regulating the wildlife and
recreation resources of the Reservation, intends that tribal members shall be afforded the greatest
possible freedom to use and enjoy these resources consistent with the preservation and improvement
of these resources for future generations.
(3) Of secondary importance is the policy of permitting the limited use of the wildlife, fish, and
recreation resources of the Reservation by nonmembers for the promotion of intercultural education
and good will and for the economic benefit of the Tribe as a whole.
(4) Recognizing the Lower Brule Sioux tradition of restitution as a remedy for injustices, the Tribal
Council hereby declares that this code is civil in nature and that restitution and other civil penalties
shall be the primary remedy for its violation. Criminal sanctions may also be imposed in cases where
this code so provides.

1.04 Purpose. It is the purpose of this code to:
(1) Provide an orderly system for tribal control and regulation of hunting, fishing, trapping,
woodcutting, gathering, and recreational activities on the lands established as the Lower Brule Sioux
Reservation and trust lands outside the same exterior boundaries of the Lower Brule Sioux
Reservation.
(2) Provide a means of conservation, enhancement, protection, and management of the Lower Brule
Sioux Reservation's wildlife, fish, and plant populations, and recreation activities through the
regulation of member and nonmember harvest and recreation activities.
(3) Provide a means of enforcing rules and regulations of this code contained hereafter.
1.05 Jurisdiction. This code shall govern the activities of hunting, fishing, trapping, gathering and
recreation within the exterior boundaries of and trust lands outside the same exterior boundaries of the
Lower Brule Sioux Reservation.
1.06 Effective Date. This code shall be effective on the date adopted by the Lower Brule Sioux
Tribal Council.
1.07 Severability and Non-Liability. If a court of competent jurisdiction adjudges any section,
provision, or portion of this code unconstitutional or invalid, 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.
1.08 Repeal of Inconsistent Tribal Ordinances. All 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.
1.09 For the Purposes of this code, all hunting, fishing, trapping, gathering of plants and seeds,
woodcutting and parts thereof, are closed within the exterior boundaries of and trust lands outside the
same boundaries of the Lower Brule Sioux Reservation unless authorized by the Lower Brule Sioux
Tribal Council.
1.10 Unless and except as permitted by regulation made hereinafter provided by in this code, it shall
be unlawful at any time, by any means or manner, to pursue, hunt, take, capture, kill, harass, waste; or
to 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; or to cause to be shipped, exported,
imported, delivered for transportation; or to cause to be transported, carried, or cause to be carried;
or to receive shipment, transportation, carriage; or to export any fish, wildlife, plant, any part or any
product, whether or not manufactured, which consists, or is composed in whole or part, of any such
fish, wildlife, plant, or any part included in the terms of this code.

1.11 Title to Fish, Wildlife and Plants
(1) The legal title to, and the custody and protection of all fish, wildlife and plants within the exterior
boundaries of and trust lands outside the same boundaries of the Lower Brule Sioux Reservation is
vested in the Tribe for the purposes of regulating use, disposition and conservation thereof.
(2) The legal title to any such fish, wildlife, or plant, 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, wildlife,
or plant, or carcass and/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,
wildlife, or plant , or carcass and/or part thereof, by the holder of such title, the same shall revert, as a
result of the violation, to the Tribe. In either case, any such fish, wildlife, or plant, or carcass and/or
part thereof, may be seized forthwith, wherever found, by the Lower Brule Department of Wildlife,
Fish and Recreation or any law enforcement official authorized to enforce the provisions of this code.
SECTION 2: DEFINITIONS
For the purposes of this code the following definitions shall apply:
1. Affiliate – Includes non-Indians and nonmember Indians who work for the Lower Brule Sioux
Tribe, Bureau of Indian Affairs – Lower Brule Agency, Indian Health Service – Lower Brule, and
spouses of enrolled members of the Lower Brule Sioux Tribe. Affiliate does not include individuals
working under contract for the before-mentioned agencies.
2. Aircraft - As used in this code, the term aircraft means any contrivance used for flight, or to be
airborne, including but not limited to: airplanes, helicopters, and drones.
3. Allotted Land - Individually owned Indian lands held in trust by the federal government.
4. All Terrain Vehicles - Any off road motorized vehicle (also known as ORV’s or ATV’s) when
used for recreational travel on trails, non-highway roads, and cross-country travel over natural terrain;
including but not limited to four-wheelers, three-wheelers, dune buggies, motorcycles, and
snowmobiles.
5. Antlerless Deer - All deer not displaying at least one visible antler.
6. Antlered Deer - All deer displaying at least one visible antler.

7. Arrow - A shaft of at least 24 inches long containing 3 trimmed or 5 untrimmed feathers, tipped
with a point or device used to strike, penetrate, or pierce.
8. Artificial light - Any light produced by other than natural sources, including but not limited to,
jacklights, spotlights, flashlights, or vehicular headlights.
9. Bag Limit - The maximum limit, in number amount, of a particular species of fish or wildlife,
which may lawfully be taken in one day during an open season.
10. 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, turkeys, pronghorn antelope, and deer shall not be deemed bait.
11. Big Game - Includes, but is not be limited to, mule deer, white-tailed deer, elk, pronghorn, wild
turkeys, and bison.
12. Bow - 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.
13. Carcass - The dead body of fish or wildlife or parts thereof.
14. Closed Season - The time and/or days during which fish or wildlife may not be taken legally.
15. Crossbow - Any device using a bow which, once drawn is held solely by means other than the
effort of the person firing it.
16. Depredation - Any act by a wild animal that causes the destruction of or damage to property.
17. Dog - Refers to a dog specifically bred to hunt, scent, point, flush, or retrieve game birds or
furbearers not to include big game.
18. Dog Training - Training dogs on live wild birds.
19. Department - The Lower Brule Sioux Tribe Department of Wildlife, Fish and Recreation.
20. Endangered or Threatened Species - Any species of fish, wildlife or wild plant 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 (then effective), or which the Tribe's governing body
from time to time may declare as endangered or threatened.

21. Falconry - Taking quarry by means of a trained raptor.
22. Fee Land - Those lands within the exterior boundary of a Reservation not held in trust or subject
to restrictions on alienation and which is in private ownership.
23. Field Trial - A competition where dogs and their owners/handlers compete against each other on
a dog’s ability to hunt, scent, flush, point, or retrieve live, wild birds.
24. Firearm - A rifle, shotgun, handgun, or other type of gun.
25. Fish - Any fish (Order Pisces) within the waters of the Reservation.
26. Fishing - Any effort made to kill, injure, disturb, capture, catch, or taking of fish of any variety
by hook and line.
27. Flashlight - A small hand-held portable electric lamp powered by dry batteries.
28. Furbearers - Includes, but is not limited to, mink, muskrat, beaver, otter, weasel (long-tailed
and short-tailed), porcupine, fox (red, grey, and swift), coyote, bobcat, badger, raccoon, and skunk.
29. Gathering - To take or acquire or attempt to take or acquire possession of any wildlife or wild
plants or parts thereof.
30. Game Fish - Includes all species belonging to the salmon/trout, sturgeon, pike, catfish including
bullheads, sunfish including black bass and crappies, perch including walleyes and sauger, and bass
families.
31. Harass, harassing, or harassment – In reference to wildlife or fish, means to shoot at, disturb,
worry, molest, rally, concentrate, hurry, chase, drive, herd, or torment. In reference to humans,
means to intentionally interfere with the legal and lawful attempt to hunt, fish, trap, gather, or recreate
or to intentionally interfere with a Tribal Conservation Officer or other Department personnel
performing within the course of his or her duties; a course of conduct directed at a specific person
that causes substantial emotional distress in such person and serves no legitimate purpose.
32. Highway - 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 public as a matter of right for the
purposes 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.
33. Hunt or Hunting - Includes shooting, shooting at, pursuing, taking, flushing, driving, attracting,
catching, killing, stalking, or lying in wait for any wildlife whether or not such wildlife is then or
subsequently captured, killed, taken, or wounded; provided, however, that hunt or hunting does not
include the recovery of any wild animal, which has already been lawfully reduced to possession. In
addition, such term does not include stalking, attracting, searching for, or lying in wait for any wildlife
by an unarmed person solely for the purpose of watching wildlife or taking pictures or making sound
recordings thereof.

34. Hunting Hours - The time of day when wildlife may be lawfully taken.
35. Indian - Any person of American Indian/Native American descent who is a member of a
federally recognized Indian Tribe according to the laws of that tribe, and any other person recognized
by federal or tribal law as an Indian for any purpose, and denotes both the singular and the plural.
36. License - A written document granting authority to engage in specific activities covered in this
code.
37. Member - Any enrolled member of the Lower Brule Sioux Tribe.
38. Migratory Birds - Includes, but is not limited to, the following:
(a) All species of Ducks, Geese, and Swans (Order Anserifo rmes).
(b) All shorebirds, wading birds, and seabirds (Order Gaviiformes, Podicipedformes, Pelicaniformes,
Ciconiiformes, Gruiformes).
(c) Mourning Doves (Order Columbiformes).
(d) All species of songbirds (Order Passeriformes)
(e) All raptors or birds of prey (Order Falconiformes or the Order Strigiformes)
39. Motorboat - Any boat equipped with propulsion machinery, whether or not the machinery is the
principle source of propulsion.
40. Non-Indian - Any person not legally recognized as a Native American by blood percentage
and/or not a member of a federally recognized tribe, band, pueblo, or group.
41. Nonmember - Any person who is not an enrolled member of the Lower Brule Sioux Tribe.
42. Nonmember Indian - Any federally recognized American Indian/Native American who
resides on or visits a Reservation for which he or she is not enrolled.
43. Open Season - The time and/or days during which taking certain species of fish and/or wildlife
is legal.

44. Possession Limit - The amount of fish and/or wildlife that may be legally possessed at any one
time.
45. Possession - Having killed, harvested, taken, or otherwise obtained or acquired any wild animal,
fish, or plant subject to the provisions of this ordinance.
46. Permit/Tag - Any identification device issued for the attachment to the carcass of any fish or
wildlife.
47. Plant - Any undomesticated species, and fruit or part thereof, of the plant kingdom occurring in
the natural ecosystem.
48. Protected Species - Includes, but is not limited to, endangered and threatened species, elk,
pronghorn, bison, moose, mule deer, white-tailed deer, wolf, mountain lion, bobcat, waterfowl, upland
game birds, upland game, jackrabbits, crow, squirrels, prairie dog, song birds, birds of prey or raptors,
beaver, grey and swift fox, mink, muskrat, marmot, otter, and any other species or sexes for which a
closed season is specified or for which no season is established or for a species for which a yearlong
season has been established in addition to an approved management plan.
49. Raptor - A live migratory bird of the Order Falconiformes or the Order Strigiformes. For
simplification, all eagles, hawks, falcons, and owls are part of this definition.
50. Reservation - All lands within and outside the exterior boundaries of the Lower Brule Sioux
Reservation under the jurisdiction of the United States, notwithstanding the issuance of any patent,
and including right-of-ways running through the Reservation; and including all Indian allotments, the
Indian titles to which have not been extinguished, including rights-of-way running through the same.
51. Recreation - Includes, but is not limited to, picnicking, camping, boating, hunting, fishing,
hiking, horseback riding, swimming, river access, ATV, snowmobile, dirt bike riding, cross-country
skiing, wildlife viewing and photography, and other related activities.
52. Roadway, Trail and Right-of-Way - Roadway shall include but not be limited to any
maintained public highway or road dedicated for public ingress and egress. Trails shall include
pathways created by vehicles that cross or run along side cultivated or pasture land that are primarily
used for agricultural purposes. Right-of-way shall include the road and ditch area from fenceline to
fenceline, or 50 feet either side of the centerline of the road if a fenceline is not present.
53. Rough Fish - All fish species not a member of a game fish family, a baitfish family, or protected
are rough, or nongame species. These include such species as burbot, freshwater drum, carp, buffalo
fish, suckers and goldeneye (skipjack).

54. Size Limit - The specific size of a species of fish and/or wildlife that may be possessed legally.
55. State - The State of South Dakota, unless the context and usage clearly indicate otherwise.
56. Take or Taking - Pursuing, shooting, shooting at, hunting, fishing, netting, (including placing or
setting any net or other capturing device) capturing, killing, snaring or trapping any fish, wildlife or
plant, or attempting any of the foregoing.
57. Timber - Includes, but is not limited to, any woody vegetation that is 10 feet or greater in height
and consists of 6 inches of diameter or greater in D.B.H. (Diameter at Breast Height).
58. 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.
59. Tribal Member - An enrolled member of the Lower Brule Sioux Tribe.
60. Tribe - The Lower Brule Sioux Tribe.
61. Trespass - Means:
(1) To enter upon the real property of another that is posted to prohibit trespassing, is fenced or
contains obvious outward signs of habitability without permission of the owner or the owner's agent.
(2) To enter tribal lands that are specifically posted as closed to the public;
(3) To enter tribal lands with the intent of performing recreational activities prohibited by this code;
(4) To enter tribal lands with the intent of or performing recreational activities that require a
recreation permit;
(5) To refuse to depart from or re-enter the Lower Brule Sioux Reservation in violation of an order of
exclusion issued by the Tribal Court as provided by this code; or
(6) To take any other action identified as trespassing under this code.
(7) When nonmembers enter tribal or allotted lands for purposes other than hunting, trapping,
fishing, woodcutting, gathering plants and seeds or other activities for which a permit is required.

62. Trust Land - In this code, generally refers to land to which the United States of America holds
legal title for the benefit of Indians and Indian tribes.
63. Unprotected Species - Includes, but is not limited to, coyote, red fox, skunk, badger, raccoon,
wild dogs, and other species for which a continuous open season exists.
64. Upland Game Birds - Includes, but is not limited to, sharp-tailed grouse, prairie chicken,
pheasants, partridge, and quail.
65. Upland Game - Includes, but is not limited to, cottontail rabbits and mourning doves.
66. Waterfowl - Includes, but is not limited to, all varieties of geese, brant, swans, ducks, rails,
coots, and Wilson snipe.
67. Wildlife - Any forms or parts of birds, mammals, fish, amphibians, and reptiles including their
nest or eggs.
SECTION 3: AUTHORITY OF THE DEPARTMENT OF WILDLIFE, FISH AND
RECREATION
3.01 General Powers and Duties of the Department of Wildlife, Fish and Recreation
(1) A Department of the Lower Brule Sioux Tribe shall be in existence and be known as the Lower
Brule Sioux Tribe Department of Wildlife, Fish and Recreation, and shall have the power and be
charged with the duty to protect, conserve, enhance, manage all fish, wildlife and plant species within
the exterior boundaries of and trust lands outside the same boundaries of the Lower Brule Sioux
Reservation.
(2) This Department also has the responsibility to enforce the provisions of this code and to carry out
the policies and directions of the Lower Brule Sioux Tribal Council in all matters relating to fish,
wildlife, plant, timber, and recreation activities. In order to administer the laws of the Tribe relating
to conservation and management of wildlife and recreation resources the Department of Wildlife,
Fish, and Recreation shall have the following powers and duties:
A. Make such rules and regulations and establish such services, as it deems necessary to carry out
the provisions and purposes of this code, subject to the approval of the Tribal Council.
B. Recommend to the Tribal Council broad policies and long-range programs for the management
and preservation of wildlife, fish, and other Tribal recreational resources.

C. Issue recreation permits, hunting, fishing, and trapping licenses, woodcutting, gathering, and
other permits and licenses for use of the Tribal lands and resources.
D. Establish hunting and fishing regulations, and prescribe the manner and methods, which may be
used in taking wildlife and fish, subject to the approval of the Tribal Council.
E. Establish and publish member and nonmember regulations, subject to the approval of the Tribal
Council.
F. Be responsible for the enforcement of laws, including setting fines and civil penalties, for the
protection of wildlife, fish, and other Tribal recreational resources.
G. Establish rewards or bounties for information leading to the identification and prosecution of
violators of this code.
H. Prescribe qualifications, training, grades and salary schedules for Department employees.
I. Provide for the assembly and distribution of information to the public relating to wildlife, fish,
and other Tribal recreational resources.
J. Assist in search and rescue operations.
K. Conduct investigations, inquiries or hearings as necessary to enforce this code.
L. Establish game management units, refuges, or closed areas for the preservation and management
of wildlife, with the approval of the Tribal Council. Such units, refuges, or closed areas shall be
clearly marked with signs.
M. Provide training to the public in hunting safety and the safe handling of firearms.
N. Purchase, sell, barter, or receive wildlife or fish for the purpose of stocking tribal lands and
waters.
O. Use wildlife for research or other educational purposes.
P. Prescribe seasons, bag limits, possession limits and other regulations pertaining to the taking of
wildlife, with the approval of the Tribal Council.
Q. Bring suit in the name of the Tribe against any person, entity, or organization, including public
entities, to restrain or enjoin them from violating this code or destroying or polluting Tribal resources.

R. Exercise such additional powers and duties as are necessary to fully carry out the provisions of
this code.
(3) Lower Brule Department of Wildlife, Fish and Recreation personnel may conduct investigations
of fish, wildlife, and plants 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, wildlife, and plants to perpetuate
themselves. Any Department personnel, in the course of their duties, may enter upon Tribal trust,
allotted and fee land within the exterior boundaries of and trust lands outside the same boundaries of
the Lower Brule Sioux Reservation and remain thereon while performing such duties hereunder, and
such actions by Department personnel shall not constitute trespass. Interference by an individual or
individuals with Department personnel, while in the course of their duties, shall be construed as
harassment and subject to citation for unpermissible conduct and/or arrest for disorderly conduct.
(4) Lower Brule Department of Wildlife, Fish and Recreation 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.
(5) Department personnel and authorized individuals (authorized in writing by Department Director)
may harvest, donate or otherwise provide game animals for use during ceremonies, wacipis
(pow-wows), and other celebrations.
(6) Nothing in this section shall authorize any person to exceed the biologically safe harvest level of
any species.
3.02 Director, Lower Brule Sioux Tribe Department of Wildlife, Fish and Recreation.
(1) The Tribal Council shall hire a Director for the Lower Brule Sioux Tribe Department of Wildlife,
Fish and Recreation, who shall have all the rights of employment enjoyed by the Tribal employees.
The Director shall be responsible to the Tribal Council for the successful operation of the Department.
(2) The Director shall have knowledge of and experience in fish, wildlife, plant, and recreational
resources, protection, conservation, restoration, and management. The Director shall devote his or
her entire working time to the service of the Lower Brule Sioux Tribe Department of Wildlife, Fish
and Recreation in the discharge of his or her official duties.
(3) The Director shall have executive authority and control of the Department and its employees to
the end that the policies of the Tribal Council shall be carried out in accordance with the ordinances,
resolutions, and proclamations of said Tribal Council. 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 or she shall, with the consent of the Tribal Council, hire such full-time or temporary officers,
wardens, biologists, technicians, laborers, or other essential assistants and employees from the
membership of the Tribe at his or her discretion. In the event that no qualified tribal members fill
such full-time, temporary, or seasonal positions, the Director shall have the authority to hire qualified
nonmembers or non-Indians to those positions. In cases of emergencies, the Director may exercise
the powers of the Tribal Council until such time as the Council meets or the emergency ends.

(4) The Director is authorized and directed to:
A. Report and be responsible to the Tribal Council.
B. Design and implement a plan for the issuance of licenses, permits, tags, and for the collection of
fees.
C. Maintain records of all licenses and permits issued for the purpose of hunting, fishing, trapping,
gathering, wood cutting, and recreation.
D. Cooperate with and assist the Tribal Council, Community and Community Leaders, Federal,
State, County Agencies, and individuals.
E. Supervise all Department personnel and delegate authority as necessary.
3.03 Collection of Permit Fees, Forfeitures, and Fines
All monies collected from the sale of license, permits, tags, and recreation leases shall be deposited
into a Tribal account. Money collected from fines, penalties, forfeitures and/or civil recoveries
through the Tribal Court system shall either be deposited into this account or remain with the Tribal
Court. Upon federal prosecution, the Director shall make formal request to the U.S. Attorney for
Civil Restitution from persons violating any provision of this code. Money collected from the
Federal Courts or respective Clerk of Courts shall be deposited into this account.
3.04 Expenditure of Funds
The Director shall have the authority to expend appropriated funds and monies deposited in the
special account for the following:
A. Conservation, protection, and enhancement of the Reservation's fish, wildlife, plant, and
recreation resources.

B. Enforcement of provisions of this code, or any rule or regulation adopted in pursuant to this code.
C. Information and Education programs.
3.05 Cooperative and Reciprocal Agreements
The Director is authorized, subject to the approval of the Tribal Council, to enter into reciprocal and
cooperative agreements with the State of South Dakota, other States, or any Federal, County, Local
governmental agency for the purpose of promoting and implementing fish, wildlife, vegetative and
recreational management programs, and activities.
SECTION 4: PERMITS
4.01 Permits and Identification
(1) The Lower Brule Department of Wildlife, Fish and Recreation is authorized to issue to persons
permits and licenses required by this code. Except as otherwise required by this code, the form of
such permits or licenses shall be left to the discretion of the Lower Brule Department of Wildlife, Fish
and Recreation 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: "Non-Transferable," date of
issuance, date of expiration, and type of issuance.
(2) No refunds shall be made on any hunting and fishing, woodcutting, gathering, or recreational
permits.
(3) Permits and licenses are not transferable or assignable.
(4) Unless stated otherwise, all permits expire at the end of the calendar year.
(5) No hunting or fishing licenses or permits issued by any state shall be required on the Reservation.
(6) The Department may issue a duplicate recreation permit, provided that the person requesting such
duplicate permit furnishes such information as may be reasonably required. The Department may
collect a fee for each duplicate recreation permit issued.
(7) The Department reserves the right to refuse permit to any nonmember for any reason.
4.02 Permit Agreement Form
Any persons to whom a hunting, fishing, trapping, woodcutting, gathering, dog training, guiding, or
recreation permit is issued by the Department shall be required to sign a Permit Agreement before any
such permit shall be valid. The Agreement shall be in substantially the immediately following form.
The form shall be signed by the applicant in the presence of the designated license-issuing agent who
sold and issued the permit.

"Permit Agreement Form
"I hereby agree that the following terms and conditions govern my use of the permit, my presence on
the Lower Brule Sioux Reservation, and my use of Tribal resources and services:
"A. I agree to obey all Tribal laws and regulations.
"B. I consent to the jurisdiction of the Lower Brule Sioux Tribal Court as the forum for the resolution
of any civil disputes, which arise, from my presence on the Reservation and/or use of Tribal resources
and/or services.
"C. I understand that permission for me to enter the Lower Brule Sioux Reservation is conditioned on
my obeyance of Tribal laws and regulations and that violation of such laws and regulations makes me
a trespasser and may subject me to arrest, tribal and federal court action, expulsion from the
Reservation, and seizure of property as security for payment of potential financial obligations to the
Tribe.
"D. I understand that permits are required for all hunting, fishing, trapping, woodcutting, gathering,
and recreational activities on the Reservation.
"E. I understand that the willful use of Tribal resources or services contrary to the terms of Tribal law
or regulation constitutes theft of Tribal assets and is a violation of Tribal and federal law.
"F. I agree to be bound by the penalties and liquidated damages provisions of Tribal law in the event
that I am found liable to the Lower Brule Sioux Tribe for violations of Tribal law.
"I have read and understand the above terms and agree to be bound by them.
"____________________________ ___________________
"Signature of Permittee
Date
"____________________________
"Printed or typed name of Permittee"
SECTION 5: ENFORCEMENT

5.01 Duties of Tribal Conservation Officers
(1) Any provision of this code may be enforced by Tribal Conservation Officers of the Lower Brule
Department of Wildlife, Fish and Recreation, Lower Brule Sioux Tribal Police Officers, Bureau of
Indian Affairs Police Officers, or U.S. Fish and Wildlife Service Law Enforcement Division
personnel.
(2) Conservation Officers have a duty to assist Lower Brule Sioux Tribal Police and Bureau of Indian
Affairs Police in enforcing all tribal laws, ordinances, rules, regulations, and all provisions of the
Lower Brule Sioux Tribe Law and Order Code.
(3) Conservation Officers shall ensure that any person who hunts, fishes, traps, gathers plants or parts
thereof, or cuts wood have in possession the appropriate licenses, permits and/or tags and are
complying with all rules, regulations and laws.
(4) Conservation Officers shall assist the Director in his supervision and management of all natural
resources on the Lower Brule Sioux Reservation and shall perform all other duties described or
delegated by the Director.
(5) Conservation Officers shall keep a detailed daily log of activities and make bi-weekly reports of
these activities describing by total number, miles, contacts, violations, dispositions, surveys and what
activities were performed or completed during the preceding weeks.
(6) Conservation Officer may not settle or compromise an alleged Natural Resource violation for
which a citation was issued.
(7) Conservation Officers shall adhere to Conservation Enforcement Standards issued by the
Director. (See Appendix A).
(8) Conservation Officers shall not guide or provide fee guiding services for the purpose of
harvesting or attempting to harvest any fish or wildlife on any lands of the Lower Brule Sioux
Reservation. Violation of this prohibition shall result in disciplinary action by the Director.
5.02 Enforcement by State Conservation Officers
State Conservation Officers may be authorized by the Tribal Council to enforce the provisions of this
code and to institute proceedings in the Tribal, State, Federal Court by use of citation forms of that
Department, or refer the matter to the appropriate Tribal Conservation Officer or Tribal Prosecutor or
U.S. Attorney for further investigation or action.
5.03 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; or
(5) Incident to arrest.
5.04 Investigation and Citations
(1) Any person authorized to enforce the provisions of this code may:
A. Subject to the immediately-preceding subsection 5.03, conduct routine inspections of vessels,
boats, wagons, trailers, automobiles, vehicles, snowmobiles, containers, packages, tents, and other
receptacles contained therein, utilized by any person in a harvest activity authorized by this code and
records of commercial transactions.
B. Execute warrants issued for the arrest of violators of this code.
C. Execute search warrants issued by the Tribal Court in matters arising under this code.
D. Serve subpoenas or other legal documents issued in matters arising under this code.
E. Stop and board any boat, or stop any vehicle if the Officer has probable cause that there is a
violation of any provision of this code.
F. 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, plants, carcasses, or parts thereof, may be
contained.
G. Issue a citation on a form approved by the Tribe, Tribal Court, U.S. Attorney, and Department
Director to any person upon finding probable cause that such person(s) has violated any provision of
this code.
H. May seize and hold subject to the order of the tribal court or federal court any alleged contraband
or property which such Officer reasonably believes may be needed as evidence in connection with the
institution of proceedings in tribal court or federal court or any property otherwise authorized to be
seized by any provision of this code.

I. Any enforcement officer or Department personnel, in the course of his or her duties, may enter
upon Tribal trust, allotted and fee land within the exterior boundaries of and trust lands outside the
same boundaries of the Lower Brule Sioux Reservation and remain thereon while performing such
duties hereunder, and such actions by the Officer(s) and\or Department personnel shall not constitute
trespass. Interference by an individual or individuals toward a Conservation Officer, while in the
course of their duties, shall be construed as harassment and subject to citation for unpermissible
conduct and/or arrest for disorderly conduct.
(2) The inspections authorized by subsection 5.04(1)(A) 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.
(3) An arrest may be executed by any Officer through a tribally or federally approved arrest warrant
or reasonable belief of imminent danger to life or property.
(4) For all property seized as evidence, the Officer shall make an inventory and provide a copy to the
person from whom the property was taken. After the final disposition of the case, a hearing shall be
held by the court to determine the disposition of all property taken as evidence. Upon satisfactory
proof of ownership, property taken as evidence shall be returned to the owner, except for contraband,
which shall be disposed pursuant to Sections 6.26 and 6.28.
5.05 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 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 if 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.
5.06 Harvesting After Revocation or Suspension
No person whose Reservation hunting, fishing, trapping, gathering, wood cutting or recreational
privileges have been revoked or suspended, shall hunt, fish, or trap on the Lower Brule Sioux
Reservation during such revocation or suspension.

SECTION 6: PENALTIES
6.01 Jurisdiction
Except as otherwise provided by this code, the Lower Brule Sioux Tribe, through its Tribal Council,
Tribal Court, and such other tribal entities as are designated by Tribal law, shall have absolute,
original, and exclusive jurisdiction to regulate and adjudicate all matters pertaining to wildlife, fish,
and other resources, and all matters pertaining to recreational activities within the boundaries of the
Lower Brule Sioux Reservation. This Section shall not prohibit federal or state prosecution, whether
civil or criminal.
6.02 Notice
Signs shall be posted conspicuously at all maintained roads and highways entering the Reservation,
putting the public on notice of Tribal jurisdiction over Tribal lands. The notice shall be in a form
similar to the following, to the effect that:
(1) Permits are required for all hunting, fishing and outdoor recreational activities;
(2) Persons who violate any Tribal law are subject to Tribal and Federal prosecution;
(3) Visitors must inquire locally at the Department of Wildlife, Fish and Recreation for permits and
information.
6.03 Civil Complaints
Except as otherwise provided in this code, all matters arising under this code shall be adjudicated in
the Lower Brule Sioux Tribal Court following the filing of a Civil Complaint naming the Lower Brule
Sioux Tribe as plaintiff, by the Authorized Officer alleging the violation, or by legal counsel for the
Tribe.
6.04 Procedure
Except as otherwise provided in this code, or as the interests of justice may require, the Lower Brule
Sioux Formal Rules of Civil Procedure shall govern all questions of procedure arising as a result of
the enforcement of this code.
6.05 Federal Prosecution
(1) Nothing in this code shall be deemed to preclude federal prosecution under 18 U.S.C. § 1165 of
nonmembers who trespass on the Reservation to hunt, trap, fish, or to remove wildlife. Federal
prosecution may be pursued in addition to or in lieu of other enforcement procedures provided by this
code.

(2) The taking or using of Tribal property or services contrary to the terms of this code constitutes
theft of Tribal assets. Accordingly, nothing in this code shall be deemed to preclude federal
prosecution under 18 U.S.C. § 1163 for theft of Tribal property. Federal prosecution may be pursued
in addition to or in lieu of other enforcement procedures provided by this code.
(3) Nothing in this code shall be deemed to preclude federal prosecution pursuant to 16 U.S.C. §
3371 et seq. (Lacey Act). Federal prosecution may be pursued in addition to or in lieu of other
enforcement procedures provided by this code.
6.06 Criminal Sanctions
(1) It shall be a criminal offense for any person over whom the Tribe may assert criminal jurisdiction
to:
A. Take, possess, transport, buy, sell, conceal, or offer for sale any big game species or any part
thereof in violation of this code, or Department rule or regulation; or
B. Detach or remove from the carcass of a big game animal a portion thereof for the purpose of
concealing evidence of illegality; or
C. Use an explosive compound, or a corrosive, narcotic, poison or other deleterious substance for
the purpose of taking, stunning, or killing wildlife or fish.
(2) Violation of this Section shall be punished by a fine of not less than $50.00 nor more than
$1,000.00, or by imprisonment in the Tribal jail for not less than one (1) day nor more than sixty (60)
days, or performance of up to 80 hours of community service, or by any combination of such fine,
imprisonment and community service.
(3) Any person over whom the Tribe may assert criminal jurisdiction who is a public officer, and
who willfully fails to enforce this code, or a lawful rule, regulation or order of the Department is
guilty of a criminal offense and is subject to the punishment provided in this Section.
(4) The criminal penalties in this Section shall be in addition to the Liquidated Damages assessment
pursuant to Section 6.22.
6.07 Criminal Intent
(1) Any person over whom the Tribe may assert criminal jurisdiction who attempts to commit any
offense prohibited in Section 6.06 shall be guilty of a criminal offense.

(2) For the purpose of this Section, "attempt" means to:
A. Intentionally engage in conduct which would constitute the offense if the attendant circumstances
were as the person believes them to be; or
B. Intentionally do or omit to do anything which, under the circumstances as such person believes
them to be, is any step in a course of conduct planned to culminate in commission of the offense.
(3) Violation of this Section shall be punished by a fine of not less than $50.00 nor more than
$1,000.00, or by imprisonment in the Tribal jail for not less than one (1) day nor more than sixty (60)
days, or performance of up to 80 hours of community service, or by any combination of such fine,
imprisonment and community service.
6.08 Criminal Solicitation
(1) Any person over whom the Tribe may assert criminal jurisdiction who solicits another person to
commit any offense prohibited in Section 6.06 shall be guilty of a criminal offense.
(2) For the purpose of this Section, "solicit" means to:
A. Encourage, command or request another person to engage in specific conduct, which would
constitute the offense; or
B. An attempt to commit such offense or would establish his or her complicity in its commission or
attempted commission.
(3) Violation of this Section shall be punished by a fine of not less than $50.00 nor more than
$1,000.00, or by imprisonment in the Tribal jail for not less than one (1) day nor more than sixty (60)
days, or performance of up to 80 hours of community service, or by any combination of such fine,
imprisonment and community service.
6.09 Criminal Conspiracy
(1) Any person over whom the Tribe may assert criminal jurisdiction who conspires with another
person to commit any offense prohibited in Section 6.06 shall be guilty of a criminal offense.
(2) For the purpose of this Section, "conspire" means to:
A. Agree with another person or persons that they or one or more of them will engage in conduct
which constitutes the crime; or

B. Agree to aid another person or persons in the planning or commission of such crime or of an
attempt to commit such crime.
(3) Violation of this Section shall be punished by a fine of not less than $50.00 nor more than
$1,000.00, or by imprisonment in the Tribal jail for not less than one (1) day nor more than sixty (60)
days, or performance of up to 80 hours of community service, or by any combination of such fine,
imprisonment and community service.
6.10 Penalties and Sanctions
A. Civil Penalties
(1) 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, wildlife, or plants taken, possessed, transported, sold in
violation of, or in a manner unlawful under any provision of this code or Federal Acts and/or laws,
may be assessed a civil penalty, by the appropriate court authority, of not more than $10,000.00 for
each violation.
(2) 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 civil offense.
(3) Civil jurisdiction over all matters under this code shall be with the Tribal or Federal Court which
shall adjudicate in accordance with Tribal or Federal Code all questions, complaints, and alleged
violations involving the provisions of this code.
B. For any civil violation, a revocation or suspension of Reservation hunting, fishing, trapping,
gathering, wood-cutting, or recreational privileges for a period not to exceed one year may be
imposed.
C. For any violation, a civil remedial forfeiture of any property, including boats; motors; vehicles;
hunting, fishing, or trapping property; or other property used in the commission of the violation of
this code may occur, as the court deems appropriate.
D. Civil Damages
In addition to any other penalty allowed by this code, the Tribal or Federal 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 – actual, non-punitive damages against any person(s) unlawfully killing, wounding, catching,
taking, trapping, or having unlawfully in possession any of the named fish, wildlife, or plant species,
or any part thereof.
6.11 Apprehension of Suspected Violators

(1) Any authorized officer who has reasonable grounds to believe that a person has violated this
code, either in or out of the officer's presence, shall identify himself or herself to such person and
promptly determine whether the person is a member or nonmember, and if a nonmember, whether the
person is Indian or non-Indian. In making such determination, the officer may demand identification
and ask such questions as the officer reasonable believes are necessary to make the determination.
(2) Any person who an authorized officer reasonably believes to have violated this code may:
A. Be issued a Civil Complaint, pursuant to Section 6.12, and, if appropriate, be required to post
a bond, pursuant to Section 6.14, and be released; or
B. Revoke the suspected violator’s Tribal hunting and fishing license, recreation permit or any other
permit on site until the matter is settled before the Tribal Court.
(3) If the suspected violator refuses to identify himself or herself the officer shall enter a fictitious
name, such as John Doe or Jane Doe, on the Complaint. After learning the defendant's true name, the
Tribe shall amend the Complaint to reflect the defendant's true name.
6.12 Civil Complaints
(1) The issuance of a Civil Complaint initiates a civil action against a suspected violator of this code.
(2) The Civil Complaint shall be prepared in triplicate and be signed by the person cited. One copy
will be given to the person cited; one copy will be filed with the Tribal prosecutor; and one copy will
be filed at the Department.
(3) That portion of the Civil Complaint requiring the signature of the person cited (i) shall be
preceded by an explanation that, in the discretion of the officer serving the Civil Complaint, the
signature of the person cited not only is an acknowledgment of receipt of the Civil Complaint, but also
is a power-of-attorney to the court, authorizing the court to enter an admission of the alleged civil
offense and to accept the person’s Field Bond and Liquidated Damages, if any, as payment in full of
the civil penalty; and (ii) shall be further preceded by a check-off area in which the officer serving
the Civil Complaint states that the officer either does or does not authorize the person to appear by
power-of-attorney. If the officer does not authorize appearance by power-of-attorney, the person
cited must appear for the scheduled Initial Appearance.
(4) The Civil Complaint shall inform the person cited of the violation charged, the location, date, and
time of the alleged violation, and the location, date, and time of the Initial Appearance, which shall be
scheduled not more than 21 days from the date of the issuance of the Civil Complaint. The Civil
Complaint shall also inform the person cited that failure to appear at the Initial Appearance will result
in the entry of a default judgment against him or her and forfeiture of bond money or property.

6.13 Initial Appearance
(1) A person served with a Civil Complaint shall appear at the time and place stated in the Civil
Complaint, or prior to that time if so authorized by the court, and upon the directions contained in the
Civil Complaint admit or deny the allegations contained within the Civil Complaint. In any civil
action, the defendant may file a written response to the complaint, in lieu of a personal appearance,
provided that the defendant so notifies the court not less than 24 hours before the scheduled Initial
Appearance and that the written response is received by the court prior to the scheduled Initial
Appearance.
(2) For the Civil Complaint, if the defendant admits to liability for the acts complained of, the court
may immediately impose a penalty or set a separate hearing to establish a penalty. If the defendant
denies liability, the proceedings used to adjudicate liability shall be in accordance with the laws and
procedures governing civil proceedings in the Lower Brule Sioux Tribal Court.
6.14 Field Bond
(1) Upon issuing a Civil Complaint, an Authorized Officer may demand that a suspected violator
post a Field Bond in an amount equal to the maximum amount of the Civil Penalty plus the Liquidated
Damages Amount for the violations alleged in the Complaint.
(2) Bond property may be cash or other property, which the officer reasonably believes is valued at
an amount at least equal to the required bond amount.
(3) Field Bond is justified and shall be collected by the officer using any reasonably necessary
non-deadly force, when, in the officer's judgment:
A. The violator is not a resident of the Reservation; or
B. The violator does not own sufficient valuable property which is permanently affixed to or stored
on the Reservation; or
C. The violator refuses to sign the complaint; or
D. The violator cannot be, or refuses to be, positively identified; or
E. Any other reason which leads the officer to believe that the violator's presence at the court
hearing for the violation cannot be assured, or the violator's willingness or ability to pay the penalty or
Liquidated Damages assessment is reasonably questioned.

(4) Any person who believes that a Field Bond has been required unlawfully or unreasonably may
request, in writing, a bond hearing before the Tribal Court. Bond hearings shall take place within 14
days of the filing of such request, excluding Saturdays, Sundays, or other Court holidays.
(5) Non-cash bond property may be redeemed at any time during normal business hours at the
Department office, or at another duly authorized location, by the posting of a cash bond, or payment
of damages, or both. Post-judgment redemption must occur, if at all, within 30 days of the entry of
judgment, unless an appeal is filed.
(6) If the suspected violator is found liable for the alleged violation, and there is no appeal, the bond
shall be applied in satisfaction of the judgment. Failure to appear at the hearing shall result in entry of
a default judgment and forfeiture of bond. Non-cash bond property shall be sold and the proceeds
shall be applied to the judgment. Any excess proceeds shall be returned to the violator.
(7) If the suspected violator is found to be not liable for the alleged violation, the bond property shall
be returned to the suspected violator.
6.15 Bond Notice Procedures
(1) If feasible, the officer shall issue a Bond Notice to a suspected violator before the officer takes
possession of any bond property. An officer may seize bond property first and then issue a Bond
Notice if the officer reasonably believes that the delay caused by the Bond Notice Procedure could:
A. Jeopardize the safety of the officer; or
B. Lead to a breach of the peace; or
C. Jeopardize the opportunity to receive a Field Bond; or
D. Allow the suspected violator the opportunity to flee the jurisdiction of the Tribe.
(2) The Bond Notice shall be prepared in triplicate and be signed by the suspected violator. One copy
will be given to the person cited; one copy will be filed with the Tribal prosecutor; and one copy will
be filed at the Department.
(3) The Bond Notice shall contain the following information:
A. The date;
B. The suspected violator's name and address;

C. The Civil Complaint number;
D. The alleged violation;
E. The maximum dollar amount of the penalty;
F. The Liquidated Damages amount;
G. The required bond amount;
H. The signature and identification number of the issuing officer;
I. If a cash bond is posted, the amount received;
J. If a property bond is posted, a description of the property, including serial and model numbers,
where available, and the officer's estimate of the value of the property;
K. Information concerning the redemption or return of the Field Bond; and
L. Other information as is reasonably requested by the Department.
6.16 Bond Property Storage
All bond property shall be inventoried, labeled with the defendant's name and citation number, and
placed in secured storage at the Department within 24 hours of being posted.
6.17 Classification of Civil Penalties
(1) The maximum civil penalties for violations of this code shall be:
A. Class One: Fifty dollars ($50.00)
B. Class Two: Two hundred dollars ($200.00)
C. Class Three: Five hundred dollars ($500.00)
D. Class Four: Seven hundred fifty dollars ($750.00)
E. The civil penalty for an offense involving the unlawful disposal or possession of any hazardous
material or petroleum product shall not exceed $1,000.00, exclusive of clean-up costs, and 250 hours
community service.

(2) A civil penalty of up to three times the amount of the penalty for that class of offense may be
imposed if:
A. The violator is found liable for the second or any subsequent violation of the same provision; or
B. The violator issues a check in payment of a penalty imposed under this code knowing there are
insufficient funds on deposit with the bank to ensure payment of the check on its presentation.
(3) In addition to the civil penalties above, the court may also require that the violator complete a
hunter's safety course conducted by the Department or the State of South Dakota, and that no further
permits shall be issued to the person until the course is completed.
6.18 Revocation and Denial of Right to Obtain Permit; Notice
(1) If any person is believed to be in violation of this code by an Authorized Officer, and the alleged
violation is a Class Three or Class Four Civil Offense, the Officer shall revoke on site that person's
permit to take wildlife or fish until the matter is settled before the Tribal Court.
(2) If any person is found in violation of this code by the Tribal Court, the Department may revoke
that person’s permit for up to two years from the date of violation. This remedy is available in
addition to the other remedies provided by this code and is subject to the following conditions:
A. Not more than three weeks after the Tribal Court's ruling, the Department shall order the person,
at a hearing in Tribal Court at a scheduled time and date, to show cause why the Court should not
revoke that person's permit and privilege and the duration of the revocation. Notice shall be sent to the
violator's last known address by registered or certified mail; and
B. The person whose permit and privilege has been revoked may appeal the Department's final
decision to the Tribal Court within thirty days of the Department's decision.
(3) It shall be unlawful for any person to knowingly issue a permit of any kind to a person whose
privilege to obtain that permit has been revoked. Any permit issued to a person whose privilege to
have that permit has been revoked shall be void.
(4) Violation of this Section shall be a Class Two Civil Offense.

6.19 Trespassing; Expulsion of Nonmembers
(1) Any nonmember who violates this code shall be deemed a trespasser. Such violation includes, but
is not limited to, failure to purchase and possess a valid Recreation Permit. It shall be unlawful for any
nonmember to trespass on the Lower Brule Sioux Reservation.
(2) Any Authorized Officer may expel nonmembers who violate this code, in addition to or in lieu of
any other enforcement procedure provided for by this code.
(3) Any nonmember who violates this code shall also be subject to formal exclusion pursuant to the
treaties, constitution, and other laws of the Lower Brule Sioux Tribe.
6.20 Contempt
All defendants to actions brought under this code, whether member or nonmember, shall be subject
to the civil contempt power of the Lower Brule Sioux Tribal Court, and may be sanctioned by any
means provided for in the Lower Brule Sioux Tribal Code for civil contempt, including, but not
limited to, imprisonment or other fines or penalties to compel compliance with a lawful court order.
6.21 Liquidated Damages Provisions
(1) The Department shall prepare and at least once per year shall review and, as necessary, revise a
schedule of Liquidated Damages calculated to closely approximate the cost of providing equitable
restitution to the Tribe for the damage which would be caused by each violation of each regulation of
this code. In calculating these Liquidated Damages the Department may consider, in addition to any
other factors reasonably deemed relevant:
A. The cost to the Tribe of producing and/or protecting the resource;
B. The cost of replacing or restoring the resource;
C. The costs of enforcement including the general overall costs and costs particularized to
individual violations where appropriate;
D. The loss to the Tribe of license revenue;
E. Damages for trespass.
(2) The Department shall publish the schedule of Liquidated Damages and cause it to be made
available to the public at the Department.
6.22 Liquidated Damages Presumption

(1) Since in most instances the exact amount of damages caused to the Tribe by a particular violation
of this code will be difficult or impossible to determine, it shall be presumed by the court adjudicating
a complaint for violation of this code that the amount fixed by the schedule of Liquidated Damages
represents the damages owed to the Tribe as restitution if the defendant is found to be liable. This
presumption may be rebutted by evidence which shows by clear and convincing evidence that the
amount indicated by the schedule of Liquidated Damages is so excessive in a particular case as to be
punitive, or so inadequate in a particular case as to result in a gross deprivation of adequate restitution.
In any case in which the presumption is successfully rebutted, the parties may introduce evidence to
prove the actual damages as in any other civil case.
(2) All persons shall be deemed to have consented to the Liquidated Damages provisions of this code
by their entry onto the Reservation, and where applicable, by their signature on a Tribal permit or
permits.
6.23 Punitive Damages
(1) Nothing in this code shall be deemed to preclude the Tribe, through its counsel, from praying for
and being awarded punitive damages in any civil action filed for a violation of this code wherein it is
alleged that the violator has committed the acts constituting the violation without regard to the
interests of the Tribe or wantonly, willfully, or maliciously.
(2) The Court, in assessing punitive damages, shall determine their amount in the same manner in
which it would determine punitive damages in any other civil action. Punitive damages shall not
exceed ten times the amount of the civil penalty.
6.24 Costs
(1) In addition to civil penalties and liquidated and punitive damages, the Court may award payment
of costs associated with damage to Tribal resources not otherwise provided for in this code, including,
but not limited to, rehabilitation, reforestation, loss of future revenue, and loss of productivity.
(2) The Court may also charge the violator with payment of all reasonable costs associated with the
enforcement of these regulations, beginning with detection and including all processes through
prosecution and collection of the settlement, such as field or animal examination and survey, damage
appraisal, investigation assistance and reports, witness expenses, demand letters, court costs, and
attorney's fees.
6.25 Seizure of Prohibited Devices
(1) Any unauthorized device defined in Sections 7 and 8 may be seized by the officer if:

A. Seizure of the suspected violator's property is directly necessary to prevent irreparable injury to
Tribal property or resources; and
B. Prompt action is needed because it is likely that the person may flee with or conceal the
offending property, or that the person may continue the prohibited use.
(2) Any officer seizing property under this Section shall issue to the person from whom it is seized a
receipt for the property describing it in detail. The officer shall then deliver the property to the
Director for safe-keeping pending the outcome of all hearings on the seizure and the underlying
violations, which shall be adjudicated pursuant to this code.
(3) In addition to filing any other complaints for the illegal use or possession of the seized property,
the counsel for the Tribe may apply to the Court for an injunction prohibiting the continued use or
possession of the property on the Reservation.
6.26 Disposal of Prohibited Devices
(1) After adjudicating the underlying complaints of illegal possession or use, the Court shall dictate
the disposal of the seized property.
(2) Return of property: If the seized property belongs to a nonmember, the Court shall return the
property to its owner, unless it determines that continued retention of the seized property is necessary
to secure payment as provided by the Field Bond procedures of this code. The Court shall also
advise the owner of the terms of any injunctions which have been issued against the continued use or
possession of the property on the Reservation, and shall further advise the violator that violation of the
injunction is contempt of court and may subject the violator to further civil liability.
(3) Forfeiture: If the seized property belongs to a member, or to a nonmember who fails to appear,
the judge may order, in addition to any other sanction imposed for the violation, that the property be
forfeited to the Tribe. In case of such forfeiture, the Director shall dispose of the property in the
manner most consistent with the goals of the Department, choosing between destruction of the
property, sale for the benefit of the Department at public auction, or retention of the property for
Department use.
(4) If the owner of seized property cannot be determined, the complaining officer shall file with the
Court Clerk a Notice of Intent to Confiscate and a Complaint, designating the defendant by a fictitious
name following the procedures of Section 6.11(3) and include a description of the property, the
date of seizure, and the location of seizure. The Court Clerk shall cause them to be posted in the Court
and published in the Chamberlain Register and Pierre Capitol Journal for two weeks. A hearing on the
matter shall be set for the first available date after the publication period has ended, and the date of the
hearing shall be included in the posted and published notices. If the owner of the property fails to
appear at the scheduled hearing the Court shall dispose of the property pursuant to the
immediately-preceding subsection on Forfeiture.

6.27 Disposition of Fees, Forfeitures, Penalties
(1) All fees resulting from the sale of permits by the Department and its agents, and all fines, costs,
monies, penalties, or damages collected for violation of this code shall be deposited in the Tribal
General Fund and shall be available for expenditure in connection with the conservation and
protection of the fish and wildlife of the Lower Brule Sioux Tribe; provided, however that bonds,
unless forfeited, shall be deposited in a special Tribal account as provided by Section 3.03.
(2) Each Tribal judge or clerk of the Court shall, within 20 days after a judgment has been rendered
under the provisions of this code, remit to the Tribal Treasurer all fines, forfeitures, damages, or
penalties collected.
6.28 Disposition of Seized Wildlife and Property
(1) Wildlife seized under this code may be disposed of in such manner as the Department may
prescribe.
(2) The Department shall prepare a report of all wildlife and devices seized by Authorized Officers
showing a description of the items, the persons from whom they were seized, if known, and the
disposition of the items. This report shall be prepared annually and kept by the Department. All
money derived from the sale of any seized property shall be deposited in the manner required by this
code and other applicable Tribal law and procedure.

SECTION 7. GENERAL RULES AND REGULATIONS
7.01 Permits and Identification
(1) Except as otherwise provided by this code, no person shall take or attempt to take any wildlife,
fish, timber, plant, or seed, or engage in any recreational activity regulated by this code on the lands
established as the Lower Brule Sioux Reservation and trust lands outside the same exterior boundaries
of the Lower Brule Sioux Reservation unless such person has in his or her personal possession a valid
Tribal hunting and fishing, woodcutting, gathering, or recreation permit authorizing that activity.
(2) No person to whom any license has been issued under this code shall, when requested by the
Lower Brule Department of Wildlife, Fish and Recreation, fail or refuse to provide harvest reports and
data, and such other relevant information, as may be requested.
(3) No person required to obtain a hunting and fishing, woodcutting, gathering, or recreation permit
pursuant to subsection 4.01 shall fail or refuse to exhibit such permit(s) when asked to do so by a
Conservation Officer.

7.02 Wanton Waste of Fish, Wildlife and Plants
(1) No person who takes any fish, wildlife or plants shall abandon intentionally, or needlessly allow
to go to waste, any portion 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 prima facie evidence of a
violation.
(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 Lower Brule Sioux Department of Wildlife, Fish and
Recreation Director, or to any Local Law Enforcement Agency for referral to the Department
Director.
7.03 Larceny of Fish, Wildlife or Plants
No person shall, without permission of the owner, molest, disturb or appropriate any fish, wildlife,
plant or the carcass and/or parts thereof, which has been lawfully reduced to possession of another.
7.04 Use of Poison and Explosives
(1) No person shall take, capture, or kill, or attempt to take, capture, or kill any fish, wildlife, or plant
with the aid of dynamite or any explosive, poisonous, or stupefying substance, or device. Exception:
prairie dogs may be poisoned with zinc phosphide oats, in accordance with label prohibitions and
restrictions; a poisoning permit is required (see section 9.16).
(2) No person shall place in any waters explosives which might cause the destruction of any fish,
wildlife, or plant, except when authorized by the Department Director, or have in his or her possession
or under his or her control upon any waters any explosive, poisonous, or stupefying substance, or
device for the purpose of taking, catching, or killing any fish, wildlife, or plant.
(3) 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 places where such baits might destroy or cause the
destruction of fish, wildlife or plants; and the possession of any such poison, baits, or substances
deleterious to fish, wildlife, or plants regulated by this code is prima facie evidence of a violation of
this section.
(4) No person 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.

(5) Nothing in this code shall prohibit the Lower Brule Department of Wildlife, Fish and Recreation
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 and on Land; Abandoning Automobiles, Boats, or other
Vehicles
No person shall deposit, place or throw into any Reservation waters or lands, or leave upon the ice or
in such waters any cans, bottles, 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
The Lower Brule Department of Wildlife, Fish and Recreation with Tribal Council authorization may
permit personnel from educational institutions, state and federal agencies, and non-government
organizations to conduct investigations of fish, wildlife and plants in order to develop scientific
information relating to populations, distribution, habitat needs, and other biological data in order to
advise the Tribe and others on conservation measures designed to ensure the continued ability of fish,
wildlife, and plants to perpetuate themselves.
7.07 Seasons
No person shall engage in harvest activities regulated by this code, except during the respective
seasons established pursuant to this code.
7.08 Unlawful Possession of Fish, Wildlife, or Plants
No person shall have in his or her possession or under his or her control at any time any fish,
wildlife, plant 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 or her possession or under his or her control any fish, wildlife, or plant in
excess of the bag or possession limits, or above or below the size limits for any fish, wildlife, or plants
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 identification document, permit, or tag issued by the Tribe pursuant to this
code.
7.11 Harvesting with Another's Permit
No person shall hunt, fish, trap, guide, train dogs, recreate, gather plants or seeds, or cut wood while
in possession of any permit or tag issued to another except when authorized under permit issued by
the Department Director.
7.12 Shining Animals
(1) It shall be unlawful for any person to use or possess night vision equipment or shine a spotlight,
headlight, or any other artificial light on a road or in a field, pasture, woodland, forest, or prairie 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 Tribal member, spouse, or affiliate on foot who uses a hand-held flashlight, night vision, or
thermal equipment while on foot to track or hunt raccoon, skunks, coyotes, or any other unprotected
species.
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.
D. Any deeded or allotted landowner on their own deeded or allotted land possessing a .22 caliber
rifle or shotgun only to pursue furbearers, rabbits, or unprotected wildlife.

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
rendered, a report to the Department Director. Failure to report such an accident shall constitute a
violation of this section.

7.15 Hunter Education Requirement
Any person under the age of 18 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 trapping license.
7.16 Age Restrictions
(1) No person under 12 years of age may hunt or trap while possessing a firearm or bow and arrow.
(2) No person between the ages of 12 and 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.
(3) There are no age restrictions for the purpose of fishing. However, any person under 10 years of
age must be accompanied by an adult, guardian, or other adult designated by a parent or guardian.
7.17 Parental Obligation
No parent, guardian, or other person shall authorize or knowingly permit or encourage a child to
violate any provisions of this code.
7.18 Hunting, Fishing, Trapping, and Boating While Intoxicated
No person shall hunt, fish, trap, or operate a boat 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.
7.20 False Impersonation of an Enforcement Officer
No person shall falsely represent himself or 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 first
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.
B. Hunt or discharge a firearm within 660 feet of any occupied dwelling, church, schoolhouse, or
livestock without the express permission of the owner or occupant of the building.
C. Hunt or pursue any wildlife, or enter for the purpose of hunting or pursuing any wildlife, on any
allotted or fee land without the express permission of the owner or occupant. Trap or pursue
furbearers on legally posted land without permission from the owner or occupant.
D. No person shall drive a vehicle of any type in a designated walk-in area except to retrieve legally
harvested big game animals, or to place or retrieve decoys. From December 31 st to april 1st, and may
15th to august 15th, vehicle use is permitted on established trails for the purposes of checking or setting
traps, fishing, plant gathering, timber cutting, or other non-hunting recreation. No person driving in a
designated walk in may have in their possession a shotgun, bow and arrow, crossbow, or centerfire
rifle.
(2) Transportation of Firearms, Crossbow, 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 shotgun with more than two (2) shells in the magazine.
(3) Safe Use of Firearms and Bows
A. No person shall hunt, load, or discharge a firearm, bow, or crossbow from or across a roadway.
B. No person shall load or discharge a firearm or bow of any type in or from a motor vehicle.
C. No person shall lean or place any loaded firearm or bow of any type against any vehicle.
D. No person shall allow a firearm or bow to protrude from a vehicle.
(4) 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 skin, hide, or
feathers.
C. No person shall place, use, or hunt over bait containing, or contained within, metal, plastic, glass,
wood, or non-biodegradable materials.
(5) Unpermissible Conduct
A. Leave any gate, bars, or other devices used to enclose land or livestock open upon entering or
exiting the premises for the purposes of hunting, fishing, recreating, woodcutting, or gathering plants
or seeds unless he or she is in lawful possession of the premises.
B. In any manner deface, destroy, or remove any signs posted in a legal manner.
C. Intentionally interfere with other persons lawfully engaged in taking or attempting to take game
or fish, engage in any activity specifically intended to harass or prevent the lawful taking of game or
fish, or scare or disturb game with specific intent to prevent its lawful taking.
D. No person shall drive a vehicle of any type in an area that has been designated as a Walk-in
Hunting Area.
E. Nonmembers may not hunt, shoot, chase, or otherwise take or attempt to take wildlife while on
horseback in a designated Walk-in Hunting Area. Non-members may not have in their company a
horse while in a designated Walk-in Hunting Area.
F. No person shall possess or discharge any lead-based shotgun ammunition while hunting.
(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 right-of-way, or leaves an
established roadway in a motorized vehicle while conducting an active investigation, surveys, or
wildlife and fisheries counts.
7.22 Hunting or Harassing Wildlife With Aircraft or Motor Vehicle

(1) 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 Department Director.
(2) No person shall harass, pursue, or chase wildlife from a motor vehicle or all-terrain vehicle.
7.23 Pivot Guns and Similar Devices
No person shall place, operate or attend, spread, or set any net, pitfall, spring gun, pivot gun, swivel
gun, or other similar 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 anyway interfere with any hunting, fishing,
trapping, gathering, wood cutting, recreational 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.
7.26 Wildlife Refuge Established
No person shall enter any designated Tribal, Federal, or State Refuge for the purpose of taking,
pursuing, harassing, killing or disturbing any wildlife, fish, or plant. This subsection shall not apply
to any person authorized to perform directed management and enforcement duties as permissible by
the agency of operation.
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, gather, 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
from hunting, fishing, trapping, recreating, gathering or wood cutting with an enrolled member of the
Lower Brule Sioux Tribe, provided that the nonmember or non-Indian possesses a license or permit
and is otherwise not 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 Department 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 or her professional opinion and judgment, 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 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 order 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 1/2 hour after sunset of
one day and 1/2 hour before sunrise of the next day except as authorized by the Department of
Wildlife, Fish and Recreation. No person shall pursue, shoot, kill, or attempt to take a wildlife
species except during open hunting hours that are established by the Department of Wildlife, Fish and
Recreation for that species.
7.32 Introduction of Fish, Wildlife, and Plants
No person shall transplant onto or transport into any lands of the Lower Brule Sioux Tribe any fish or
eggs into any body of water, or any wildlife, animal, or plant species without authorization from the
Tribe or Lower Brule Department of Wildlife, Fish and Recreation Director.
7.33 Unarmed Retrieval

Hunters may retrieve lawfully taken wildlife from allotted or fee land if they are unarmed and
retrieve from foot.
7.34 Trespass
It is unlawful for nonmembers to enter tribal or allotted lands for purposes other than hunting,
trapping, fishing, woodcutting, gathering plants and seeds, or other activities for which a permit is
required.
SECTION 8: BIG GAME
8.01 General Big Game Provision
(1) 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.
(2) Nothing in this code shall be construed to prohibit the taking of such big game for scientific
purposes or for distribution to elderly and disabled Tribal Members for subsistence purposes with the
authorization of the Lower Brule Department of Wildlife, Fish and Recreation.
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 provided by this code, no person shall hunt big game on the
Reservation during a closed season.
8.03 Number of Big Game Permits Available
(1) The number of big game harvest permits available for harvest in each big game unit pursuant to
this code for each twelve (12) month period commencing January 1 and ending December 31 shall be
limited to the number established by the Lower Brule Department of Wildlife, Fish and Recreation.
(2) No person shall hunt on Reservation Lands or big game units of the Reservation in which no
harvest permits are made available.
8.04 Big Game Permits/Tags
(1) No person shall hunt big game on any lands of the Lower Brule Sioux Reservation 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.
(3) The Lower Brule Department of Wildlife, Fish and Recreation 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.
C. On which any big game permit has been altered.
(5) 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 person shall hunt and harvest big game in a unit or on Reservation lands that is different than
the unit or lands stated on the valid permit.
(8) No person shall harvest and/or tag big game of any species or sex without the appropriate license
and carcass tag.
(9) No person shall hunt or harvest big game without their valid license(s) and tag(s) in possession
and unless the license(s) and tag(s) are/is properly signed in ink by the hunter.
(10) 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.
(11) No person shall transport antlered big game off the reservation or to their residence without
submitting the carcass for inspection to Lower Brule Department of Wildlife personnel, or making
arrangements to do so.
8.05 Accompaniment of Big Game
(1) It shall be unlawful for any big game permittee to transport any big game without being present
with the carcass until such time as the carcass is processed.
(2) It shall be unlawful for anyone to knowingly accept for and transport another's big game without
the valid license holder present or written permission from the person providing the game or parts
thereof.

This subsection 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
No person other than the designated hunter or senior or disabled citizen may hunt, harvest, transport,
or possess any big game with a tribally issued senior or disabled citizen big game permit. Senior or
disabled citizen big game permits will be considered provided:
(1) The applicant meets the age and/or disability requirements established by the Department
Director.
(2) Complete and submit the appropriate Big Game Application.
(3) If disabled, provide appropriate documents proving such person is disabled.
(4) 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
It shall be unlawful for anyone to hunt with a disabled person who is in the act of hunting under a
waiver of certain restrictions of this code. Waiver of restrictions listed below will be permitted after
proof of disability is confirmed:
(1) Shoot from a roadway
(2) Shoot from a vehicle that is not moving
(3) Park off an established trail not further than 100 feet.
8.09 Special Big Game Permits
No person shall possess, hunt, or harvest any big game for special purposes without possessing a
valid permit approved by the Tribe and Department Director. To obtain a Special Big Game Permit,
one must make application to the Department Director containing the following information:

(1) Purpose of permit request
(2) Period of requested harvest
(3) 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.
(4) Name of person requesting permit, address, phone number, Social Security or Tribal Enrollment
Number.
(5) Description of vehicle to be used for transporting big game.
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 Tribal Council, 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 third Saturday of August or close later than the last day in December of each year, with the
exceptions of elk and bison seasons which may extend to January 31.
8.11 Permissible Methods
(1) No person shall hunt big game animals except by use of any firearm, crossbow, or bow and
arrow, the use of which is not prohibited by this code.
(2) No person shall hunt big game with the use of a dog or in the accompaniment of a dog while
hunting big game.
(3) Individuals possessing a valid hunting permit for a firearm (i.e., rifle) season may use methods
that are more primitive than a firearm, including muzzleloader, crossbow, and bow and arrow, during
the firearm season.
8.12 Firearms Restrictions
No person shall hunt big game animals:
(1) With a .22 caliber rimfire rifle, 5mm rimfire rifle, or a .17 caliber centerfire rifle to include any
equivalent caliber or smaller.

(2) With a .410 gauge shotgun.
(3) With any handgun except a handgun which is leaded with .357, .41, .44 magnum caliber handgun
chambered or commercially manufactured cartridges which produce a minimum muzzle energy of
1000 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.
(4) With any shell, cartridge or ammunition known as a tracer shell, or with incendiary shells or
cartridges.
(5) With a shot shell containing shot of any size less than a slug.
(6) With a gun having the capacity to hold more than eight (8) shells in the clip or magazine.
(7) With a gun capable of being fired as an automatic.
(8) A rifle with a barrel less than a 16-inch barrel.
(9) A shotgun with a barrel less than 18 inches.
(10) Any altered projectiles.
(11) With any lead-based shotgun ammunition.
8.13 Bow/Crossbow Restrictions
No person shall hunt big game:
(1) With a bow having a pull strength less than 40 pounds or using an arrow that does not have a
broadhead.
(2) With a crossbow unless the 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

(3) With a crossbow while hunting with an archery permit.
8.14 Group Deer Hunting
As used in this section:
(1) "Group Big Game Hunting Party" means two (2) or more persons but no more than 10 persons
lawfully hunting big game in a group under this ordinance.
(2) Any person of a group big game hunting party must kill their own big game.
8.15 Hunting Hours
Except where otherwise expressly authorized, no person shall pursue, shoot, kill or attempt to take
any big game animal between 1/2 hour after sunset of one day and 1/2 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.
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 law 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 ordinance 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 Department of Wildlife, Fish and
Recreation for management and financial purposes to further develop their respective programs.

8.19 Removal and Retention of Tags
No person who kills big game pursuant to this ordinance shall remove a carcass or registration tag
from that big game animal until such time as the carcass is butchered or processed for consumption.
8.20 Evidence of Sex
No person shall transport any big game without leaving evidence of sex attached to carcass. This
regulation only pertains to doe or buck, cow or bull only permits and tags. (i.e. leaving head attached,
leaving udders attached, leaving penis sheath attached)
8.21 Special Mule Deer Provisions
No person shall harvest any mule deer that does not have at least three points on one antler. A point
will be defined as being at least one inch in length as measured from its origin on the antler.
8.22 Grassrope Unit Restrictions
Big game hunting in the Grassrope unit is restricted to those individuals with “muzzleloader” or
“archery” tags during the designated muzzleloader and archery seasons.
SECTION 9: PRAIRIE DOG, UPLAND GAME, AND UPLAND GAME BIRDS
9.01 General Provisions
(1) No person shall take, pursue, injure, or harass any prairie dog, upland game, or upland game bird
while on or in its nest, den, or burrow, or remove any eggs or young except as may occur in normal
agricultural, horticultural, or wildlife research practices, and as may be authorized by the Tribe or the
Lower Brule Department of Wildlife, Fish and Recreation.
(2) Nothing in this code shall be construed to prohibit the taking of such upland game or upland
game bird for scientific purposes with the authorization of the Lower Brule Department of Wildlife,
Fish and Recreation.
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 9.06 or by Tribal Proclamation. Prairie dogs may be
hunted year-round.
(2) Except as otherwise expressly provided for by this ordinance, no person shall hunt upland game
or upland game birds on the Reservation during a closed season.
(3) A closed season is hereby established for the hunting of hen (female) pheasants.
9.03 Prairie Dog, Upland Game, and Upland Game Bird Hunting Permits and Tags
(1) No person shall hunt prairie dogs, upland game, upland game birds, or mourning doves on any
lands of the Lower Brule Reservation pursuant to this section without possessing a valid Upland

Game and/or Bird license or permit approved by the Tribe and Lower Brule Department of Wildlife,
Fish and Recreation. However, cottontail rabbits may be hunted with only a General License (an
Upland Game License is not required). A prairie dog license is needed to shoot prairie dogs.

(2) The Lower Brule Department of Wildlife, Fish and Recreation shall not issue more than one
license to one person at one time except as authorized by the Department Director.
(3) No prairie dog, upland game, or upland game bird license shall be considered valid unless the
license or permit is properly signed in ink by the hunter and/or for which any permit is marked
invalid.
9.04 Accompany of Non-Licensee
It shall be unlawful for any prairie dog, upland game, or upland game bird hunter/permittee to be
accompanied in the field by a non-licensee carrying a firearm or bow. A non-licensee is a person not
having a valid tribal prairie dog, upland game, or upland game bird license.
9.05 Special Permits
No person shall possess, hunt, or take any prairie dog, upland game, or upland game bird for special
purposes out of season without possessing a valid special permit approved by the Tribe or Lower
Brule Department of Wildlife, Fish and Recreation Director.
9.06 Upland Game and 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 firearm and bow season for upland game and upland game birds shall be
established by the Tribal Council 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
day in September or extend later than the last day in February of the following year.
9.07 Permissible Methods
(1) No person shall hunt upland game except by use of shotgun, firearms or bow and arrow.
(2) No person shall hunt upland game birds except by the use of shotgun, bow and arrow, or
falconry.

9.08 Firearm Restrictions
(1) No person shall hunt upland game or game birds with:
A. A shotgun larger than 10 gauge.
B. A shotgun with a barrel length less than 18 inches
C. Shot shells of Double BB or larger.
D. A rifle or handgun of any type.
E. Any lead-based shotgun ammunition
(2) No person shall hunt upland game with:
A. A rifle or handgun larger than .22 caliber (to allow the use of both rim and center fire cartridges).
B. A handgun with a barrel length less than 6 inches.
C. A rifle with a barrel length less than 16 inches.
9.09 Bow and Arrow Restrictions
No person shall hunt upland game or upland game birds:
(1) With a bow having a pull or draw strength less than 40 pounds.
(2) Arrows must be at least 24 inches in length, have at least two (2) untrimmed feathers, and tip
must be of a broadhead type.
(3) With poison or exploding points of any type.
(4) Crossbows are prohibited.
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 prairie dog, upland game, or upland game bird between sunset of one day and sunrise of the next
day.
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 or required license.
(2) No person shall transport any upland game bird in or on any motor vehicle without leaving at
least a fully feathered head, one fully feathered wing, or a leg and foot attached to each harvested
upland game bird.
(3) It shall be unlawful for any upland game and/or bird permittee to transport any upland game or
upland game bird without being present with the carcass until such time as the carcass is processed.
(4) 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.
(5) This section shall not apply to any authorized enforcement persons who in the course of their
duties transport any seized upland game or upland game bird.
9.13 Hunting Certain Lands Prohibited
No person shall hunt any designated Tribal, Federal, or State 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 purchase any upland game or upland game birds.
9.15 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.
9.16 Prairie Dog Poisoning
No person shall poison prairie dogs without a prairie dog poisoning permit. Zinc phosphide oats is
the only allowable poison and must be used in accordance to label prohibitions and restrictions.

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 Department 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 Department 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 10.04 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 Lower Brule Sioux Reservation
pursuant to this section without possessing a valid furbearers license or required permit approved by
the Tribe.
(2) The Lower Brule Department of Wildlife, Fish and Recreation shall not issue more than one
license to one person at one time except as authorized by the Department Director.
(3) No furbearer license shall be considered valid unless the license or permit is properly signed in
ink by the hunter or trapper and/or for which any license or permit 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 Tribal
Council 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, red fox, skunk, badger, raccoon, prairie dog, feral dogs, and feral
cats.
10.05 Furbearer Hunting and Trapping Hours
(1) Except where otherwise expressly authorized, no person shall pursue, shoot, kill, trap, or attempt
to take any furbearers between 1/2 hour after sunset of one day and 1/2 hour before sunrise of the next
day.
(2) It shall be permitted for tribal members, their spouses, and affiliates to hunt or trap at night and
use a flashlight while on foot to track or hunt raccoon, fox, skunk, coyote, or any other unprotected
species.
(3) Except for tribal members, their spouses, and affiliates during a designated season, no person
shall take or attempt to take any furbearing animal with the use of night vision or thermal equipment,
or have in their possession night vision or thermal equipment.
10.06 Methods of Taking
No person shall:
(1) Trap with any leghold trap larger than a Number Four (4) and/or any trap containing a tooth style
jaw.
(2) Trap within 30 feet of any exposed bait visible to airborne raptors.
(3) Trap with aide of poison or poison bait.
(4) Trap with traps or snares without having attached to the traps or snares a metal tag displaying the
trappers full name, address and phone number.
(5) Use Crossbows.
(6) Use a bow with a pull strength less than 40 pounds.
(7) Use arrows less than 24 inches in length.
(8) Use explosive points.
(9) Use arrows with a point other than a broadhead having no less than two (2) sharpened edges.
(10) Use artificial lights except as specified in section 10.05 (B).
(11) Use a rifle with a barrel length less than 16 inches and use of a shotgun with a barrel length less
than 18 inches.

(12) Use any traps to take any wildlife not specified as furbearer or by proclamation.
(13) Destroy any den, lodge, or hut.
(14) Use poisons or explosives of any type or in any manner not authorized by the Lower Brule
Department of Wildlife, Fish and Recreation Director.
10.07 Use of Traps
(1) Any person trapping must attend their traps at least every 48 hours and remove any trapped
furbearer.
(2) Any threatened or endangered species or protected species caught in a trap must be immediately
released or delivered to the Lower Brule Department of Wildlife, Fish and Recreation Director.
10.08 Trapping Areas Prohibited
(1) No person shall trap on fee or allotted land without receiving verbal or written permission from
the owner or tenant.
(2) No person shall trap on any Tribal, Federal, or State 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 Lower Brule Sioux Reservation
must serve notice within 30 days after receipt of the live furbearer(s) to the Lower Brule Department
of Wildlife, Fish and Recreation and obtain a permit for those furbearers.
10.10 Bobcat Provisions
(1) Any person taking a bobcat must present it to a tribal conservation officer for registration and
tagging of the pelt within five days of capture, and must notify the Lower Brule Sioux Tribe
Department of Wildlife, Fish and Recreation of the harvest within 48 hours of capture. No person may
buy, sell, or barter any bobcat pelts that are not legally tagged.
(2) The total bobcat harvest shall not exceed the quota set by the department before the beginning of
each season. Licensed trappers and hunters will be notified of the closure of the season once the
quota is reached via email or phone. If the quota is not reached the season will close at sunset on the
last calendar date of the approved bobcat season.

(3) No person shall operate traps or snares intended to take bobcat after the close of the season

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 may not be used in the pursuit of bobcat.
10.12 Harvest of Depredating Animals
Any landowner or tenant may destroy any unprotected furbearer that has been identified as
depredating any livestock, poultry, trees, or crops. He or 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 or she possesses a valid Tribal furbearers license or permit.
10.14 Records to be Kept by Licensed Dealer
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.
The record shall include:
(1) The date of purchase;
(2) The date of shipment;
(3) The name and address of seller;
(4) The kind and number of furs involved;
(5) The amount of money paid for the furs; and
(6) Any additional information requested.
10.15 Transportation of Furbearers
No person shall transport any furbearer in or on any motor vehicle without possessing a valid
furbearer license or required permit and/or required tags.

10.16 Aerial Hunting
No person except an authorized agent shall attempt to take, hunt, or pursue any furbearer using
aircraft without authorization from the Lower Brule Department of Wildlife, Fish and Recreation
Director and in accordance with federal law.
The following information shall be provided:
(1) The name and address of each person whom will be hunting;
(2) A description of the furbearers authorized to be taken, the number of furbearers to be taken, and
the harvest area;
(3) The reason for requesting the permit; and,
(4) 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 Lower Brule Department of
Wildlife, Fish and Recreation Director.
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 eggs or young except as may occur in normal agricultural, horticultural, or wildlife
research practices and as may be authorized by the Lower Brule Department of Wildlife, Fish and
Recreation 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 Lower Brule Department of Wildlife, Fish and Recreation
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 proclamation.
(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
No person shall hunt migratory birds with:
(1) A shotgun larger than 10 gauge.
(2) A shotgun capable of holding more than two (2) shells in the magazine.
(3) A shotgun using a plug of two (2) or more pieces.
(4) A rifle of any type.
(5) A shotgun with a barrel length less than 18 inches.
(6) A handgun of any type.
(7) With shot other than non-toxic shot, except for hunting mourning doves.
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.
11.05 Live Decoys and Electronic Calls
(1) 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.
(2) It is unlawful to use electronic calls or electronic devices of any type to lure migratory birds for
any purpose. Note: This provision does not apply to Spring Conservation Orders.
11.06 Permits and Tags
(1) No person shall pursue or take any migratory birds on any lands of the Lower Brule Sioux
Reservation without possessing a valid Tribal license, permit, required tags, and Tribal and Federal
migratory bird stamps. Tribal members are not required to possess a Federal migratory bird stamp
while hunting on the Reservation.
Missouri River: Any enrolled member of the Lower Brule Sioux Tribe hunting migratory birds on
the Missouri River is required to possess the requisite Tribal licenses or permits. Any nonmembers
of the Lower Brule Sioux Tribe hunting migratory birds upon the Missouri River or its shoreline
within the boundaries of the Lower Brule Sioux Reservation are required to possess the requisite
Tribal or State waterfowl hunting licenses or permits and must be hunting during an open season and
under the regulations established by the agency that issued the license.

(2) The Lower Brule Department of Wildlife, Fish and Recreation shall not issue more than one
license to one person at one time except as authorized by the Department Director.
(3) No waterfowl or migratory bird license shall be considered valid unless the license or permit is
properly signed in ink by the hunter or for which any license or permit is marked invalid.
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, all
rules and regulations provided for in 50 CFR 20, Migratory Bird Hunting, will be enforced.
(2) The Lower Brule Department of Wildlife, Fish and Recreation and Tribal Council 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 recommendations for the hunting of
migratory birds, the Tribal Council or designated representative is responsible by law to submit a
proposal to the U.S. Fish & 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:
A. The requested hunting season dates and other details regarding regulations to be observed.
B. Harvest anticipated under the requested regulations.
C. Methods that will be employed to measure or monitor harvest.
D. Steps that will be taken to limit level of harvest.
E. Tribal capabilities to establish and enforce migratory bird hunting regulations.
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. 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 one-half hour before 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 Lower Brule Sioux
Reservation.
(2) Any enrolled member of the Lower Brule Sioux Tribe requesting or desiring any eagle, raptors,
or protected migratory bird, or parts thereof, for ceremonial or religious purposes must make or
properly complete an application for submission to the U.S. Fish & Wildlife Service, Law
Enforcement Division.
11.09 Transportation
No person shall transport any migratory bird without:
(1) Leaving a fully feathered wing or head on each carcass.
When transporting migratory birds of another without that person present, written permission from
the person providing the migratory bird for transport must be obtained and possessed by the person
transporting migratory birds; migratory birds must also be properly tagged if required. Written
permission must include the signature, name, address, phone number, and hunting permit numbers of
the person who shot the birds, as well as the number and species of waterfowl shot and where they are
being transported.
(2) 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.
SECTION 12: FISH
12.01 General Provision
(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 Lower Brule Department of Wildlife, Fish and Recreation Director.

(2) Nothing in this code shall be construed to prohibit the taking of such fish for scientific purposes
with the authorization of the Lower Brule Department of Wildlife, Fish and Recreation Director.
12.02 Open and Closed Seasons
(1) A closed season is hereby established for fishing except for the open season, species, and creel or
bag limits specified by proclamation.
(2) Except as otherwise expressly provided by this code, no person shall fish on any reservation
waters during a closed season.
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 Lower Brule Department of Wildlife,
Fish and Recreation.
Reservation Lands: Any person fishing any lands of the Lower Brule Sioux Reservation must
possess the requisite Tribal fishing license or permit.
Missouri River: Any enrolled member of the Lower Brule Sioux Tribe fishing within the
boundaries of the Lower Brule Sioux Reservation on the Missouri River is required to possess the
requisite Tribal fishing license or permit (the state license may be substituted if desired by the
fisherman but license holder

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Alower_brule_sioux%3A6d07111d65fa59e4. Public record. Not legal advice.