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OMAHA TRIBAL CODE (2013)

TITLE 15. WILDLIFE AND PARKS

Table of Contents

CHAPTER 1. GENERAL PROVISIONS .0o.ccccccccccccecscccsesvavacevessusevevacecrsvatesasesestarssssessavavesescevereareseesvsesees 1

SECTION 15-1-1. Statement of Policy. ...ccccccccccccscecscssecsesesssececeessersusssreresessstseresesesssesueusceseveveveees 1

SECTION 15-1-2. Definitions. oo... cccccccececcccsscsesesesesesessaeevavavsvscavasacacavssavavarerasesevessvsssatieceseesseneees 1

SECTION 15-1-3. Fish and Game Property of the Tribe......ccccccccccscscsscecsesecsestsecevsesseesesesersesteseeses 3

CHAPTER 2. THE WILDLIFE AND PARKS DEPARTMENT. Eesha he Los U epee vaceeensevseetccesaeneacevscseaeeseanentses 3

SECTION 15-2-1. Establishment and Authority of Department. weelbct estates ecsagessesceseeseeseecessteseensce 3

SECTION 15-2-2. Rangers of the Department. .....2.0..s:..... jeetecaveseeseereneeetss Sstertuobidvbyvevenveeeeneaceeeaeeees 3

CHAPTER 3. PROCLAMATIONS AND REGULATIONS «.oo.ccccecccclStcecececsseceeceeteeee LeedleStepscneeseesesseens 4

SECTION 15-3-1. Proclamations. ....2.c:0.ccccccccesesescsecccacececetibledie svececsessseesveccescessscetlsc lesececcecceseece 4

SECTION 15-3-2." Publication of Proclamation. 0.0.2.2. c.ccsecsescsesssessessessstsesecsudtncecsessseessttsvestlesnevaseen 5

SECTION 15-3-3. Additional Regulations. ......... vieseceeteessish vests seosseetsnnteeanastnrngtetnens ae 5

SECTION 15-3-4. © Permits and Tags)s......cccssccscscssssesestsessesssessaseeideeesnecee, lbtbesdleraeeeseeeens ele 5

CHAPTER 4. (LICENSES, TAGS.AND PERMITS; HUNTING, FISHING AND TRAPPING... sees 6

SECTION 15-4-1. Hunting and Fishing Regulation: Tribal Members .........ceigccccccsesSosvsscieseeceeecss 6

SECTION 15-4-2. Hunting and Fishing Regulation: Non-Indians :

SECTION. 15-4-3. Hunting and Fishing Regulation: Non-member Indians. .......2 saseesesseeailsggtlasnesee, 8

SECTION'15-4-4. Tagging and Transportation. ....0.0..cccccf0o.cesccsssecleseseeseeeeecetgoeeeeeeetie: leaeteeesieedteees BO

SECTION 15-4-5. -Non-Licensees. .......... nie Boe

CHAFT ER 5. PROHIBITED HUNTING, FI SHING AND OUTDOOR RECREATIONAL ACTIVITIES.

SET RURR MCT een ene ned OH AAA D ENO ERNE OEE Lene e cena ee eee ean a HOH OR GHEE OHA SSE RTERER PAG DAS EERE CHNO EO DAE DOSE eEEOHES Berne resbobenbS

Prohibited Activities; Civil Violations; Sanctions. . a

Prohibited Activities-Relation to U.S.C. § 1165... levsaeesaeeuasedigeeatecaseececens able

Prohibited Activities. an an wae ee Seanad 8

Property Confiscation by ance. Receipts; Reports. Looeceeseesescengenees nfbeeeeerereeees 13

Filing of Civil Action; No Fee; Time Limits; Answer; Long-Arm Statute........ 13

Issuance of Notice and Scheduling of Hearing by Court Clerk. oc 13

Subject Matter Jurisdiction Conferred on Tribal Court. 000i cece 14

Pre-Payment of Civil Fines. ..... cites tees cccsccssstectcessscseusgtbieesciveressavegittaesevners 14

Subsequent Civil Proceedings; Enforcement of Judgments; Appealserc.ci....... 14

Filing Fees Waived. viii. cil iecccsecsesibneaetbbtenseeececcacers sedlegesibenserseees 14°

CHAPTER 7.» WOODCUTTING. ....0h cece secsbutdebessssseseeanectsceseeseesesnegaildevssseseesecseesendbtbgrecivesseccasensies 14

Omaha Tribal Wildlife and Parks Department..n-rernnnnvnrntonn nie 14

Permits... ceeceesseseeeensetcesesd USNS el lcosscecsesssesessacscsvanscecatatsesesusescessseeeeabecteotase 14

Permit Fees. oo. cccececeeseenencscecaeeeacstevseseseesacacscsesvessveussesessstacselergussbieeess 14

Woodcutting Regulations. 0.0... cececeeseesecttteesecececeeseeeeseseeseneseadbesoteleteceseses 15

Schedule of Fines. ....2.....-. ee ee ee eile a sseeeeeeec 15

TITLE 15. WILDLIFE AND PARKS

OMAHA TRIBAL CODE (2013)

TITLE 15. WILDLIFE AND PARKS

Source: Omaha Tribal Council Resolution Nos. 82-01 (10-8-81) and 83-14 (1 1-4-82).

CHAPTER 1. GENERAL PROVISIONS

SECTION 15-1-1. Statement of Policy.

(a) It is the intent and purpose of this Wildlife and Parks Code to:

(1) provide an orderly system for the control and regulation of hunting and fishing within the

exterior boundaries of the Omaha Indian Reservation;

(2) provide a means to promote the conservation and management of wildlife resources within the

exterior boundaries of the Omaha Indian Reservation; and

(3) provide a means to control and regulate other outdoor and recreational activities within the

exterior boundaries of the Omaha Indian Reservation.

(b) All matters relating to the conservation, regulation, control and management of the wildlife

resources within the exterior boundaries of the Omaha Indian Reservation are subject to the civil and

regulatory power of the Omaha Tribe of Nebraska.

in and to the wildlife resources of the Omaha Indian Reservation and that the Tribe has a legitimate right to

establish differing rules and standards to govern the actions of members and non-members of the Tribe on

the subject of the wildlife regulation.

(d) The Tribal Council shall have the authority to adopt annual proclamations or other regulations for

the implementation of the policies of this Hunting and Fishing Code and to alter or amend such

proclamations and regulations as conditions indicate. :

(e) All wildlife now or hereafter found within the exterior boundaries of the Omaha Indian

Reservation, not held by private ownership lawfully acquired, are hereby declared to be property of the

Omaha Tribe of Nebraska and no right, title, interest or property therein can be acquired or transferred or

possession thereof had or maintained except as expressly provided herein.

(f) Hunting and fishing activities, and other outdoor and recreational activities affecting the wildlife

and environment of the Omaha Indian Reservation, are closely regulated by the Omaha Tribe of Nebraska.

Certain activities have been found to be detrimental to the wildlife and environment of the Omaha Indian

Reservation and are prohibited. Civil Procedures for the enforcement of the prohibitions declared in this

Code are established herein, these procedures shall be invoked without regard to the race, Indian status or

Tribal membership of any alleged violator.

SECTION 15-1-2. Definitions.

(a) “All terrain vehicle" means any motorized vehicle designed for or capable of travel over

unimproved terrain.

(b) “Aquatic wildlife" means any species of fish, crustacean, aquatic insect, or amphibian.

taken by any one person in one day.

(d) "Big game animals” means all species of deer, elk, antelope and mountain lion.

(e) "Tribal Council" means the Omaha Tribal Council.

(f) "Carcass" means the dead body of any animal, bird or parts of it.

(g) “Certificate of Registration” means a document granting authority to engage in activities not

covered by a license, permit or tag issued under this Code or any proclamation of the Tribal Council:

TITLE 15. WILDLIFE AND PARKS

OMAHA TRIBAL CODE (2013)

(h) "Closed season" means that period of the time during which the taking of wildlife is prohibited.

(i) "Code" means the Omaha Tribal Wildlife and Parks Code.

Q) "Department" means the Omaha Tribal Wildlife and Parks Department.

(k) "Director" means the Director of the Omaha Tribal Wildlife and Parks Department.

(1) "Fishing" means to take aquatic wildlife by any means.

(m) "Fur-bearing animal” means coyote; red fox, raccoon, skunk and bobcats.

(n) "Game bird" includes all members of the following families: ’

(1) Anatidae (Ducks and Geese) _ :

(2) Rallidae (Rals, Ballinules and Goats)

(3) Colopacidae (Snipes, Landpipers)

(4) Tetaonidae (Grouse, Ptarmigan)

(5) Phasianidae (Quail, Partridge and: Pheasant)

(6) Meleagrididae (Turkeys) _

@) Columbidae (Pigeons and Doves)

(o) ""Game'fish" means all species of trout, ‘salmon, mountain n herring, channel catfish, whitefish,

crappie, perch, black bass, or ‘pike.

; “(p) "Indian" means any person of Indian descent whol is defined as.an Indian for purposes of orimifal

jurisdiction under the Major Crimes Act, 18 U.S.C. Section 1153. See United States v’ Antelope, 97 5. a.

1395,.1399.(1977). :

(q) "Hunting" means to take any bird or animal by any means. .

(r) "License" means the primary document granting authority to engage in activities covered by this

Code. 7

(s), "Non-Indian" means any person who is not an Laer atin the meaning of 18 U.S.C. § 1153.

(t) "Non-Indian Landowner" means any. non-Indian who holds fee title to land within reservation

boundaries, and shall extend to all members of the landowner' S immediate household. The term non-lIndian

landowner does not include non-Indian lessees. of tribal or Indian-owned land.

(u) "Non-member Indian" means any person who i is an Indian for purposes of 18.U: S. C.§ 1153, but

who is not a member of the Omaha Tribe of Nebraska. ey :

(v) "Officer" means an officer of the Omaha Tribal Wildlife and Parks Department. or other law

enforcement officer of the Tribe. a

(w) "Open-season" means that period of time during which the taking of wildlife by legal means is

permitted. : :

(x) "Permit means a document, including stamps, requiring a license as‘a prerequisite to its issuance,

which grants authority to engage in certain specified activities. uader this €ode of any resolution of the

Tribal Council.

(y) "Person" means an individual, individual association, partnership or corporation, or any agent of

the foregoing.

(z) “Possession limit" means the maximum number of wildlife of a particular specie which may be

possessed by any one person at any one time.

(aa) "Recreational vehicle" means any snowmobile or all-terrain vehicle engaged in off-highway

recreational use.

TITLE 15. WILDLIFE AND PARKS

OMAHA TRIBAL CODE (2013)

bb) "Reservation" means all lands, waters and waterways (including the Missouri River) within the

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exterior boundaries of the Omaha Indian Reservation (including the Blackbird Bend and other tribal land

located east of the Missouri River) as set forth in the Omaha Treaty of March 16, 1854, as amended by the

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Treaty of March 6, 1865.

(cc) "Sell" means offer or possess for sale, barter, exchange or trade, or the act of selling, bartering,

exchanging or trading.

dd) "Snowmobile" means any motorized vehicle designed for travel on snow and/or ice and steered

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and supported in whole or in part by skis, belts, cleats, runners or low-pressure tires.

(ee) "Tag" means a card, label or other identification device issued for altachment to the carcass of

any wildlife.

ff) "Take" means to fish, angle, hunt, pursue, catch, capture, seize, trap, kill or possess any wildlife

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or any attempt to commit any of these acts.

(gg) “Tribal member" or "Omaha Indian" means any member of the Omaha Tribe of Nebraska.

(hh) "Tribe" means the Omaha Tribe of Nebraska

(ii) "Wildlife" means any form of animal life generally living wild in a state of nature, including all

wild mammals, birds, fish, reptiles and amphibians and their nests, eggs and spawn.

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(j) "Tribal Ranger" shall mean any duly authorized officer of the Wildlife and Parks Department,

whether temporary or full-time, who has been empowered by the Omaha Tribal Council to enforce the

provisions of this code.

(kk) "Firearms" means pistols, revolvers, rifles, shotguns and any device that is capable of being used

as a weapon because it expels a projectile by some means of force.

(il) "Proclamation" includes the rules and regulations of the Tribal Council regulating activities

covered by this Code and adopted and published under the provisions of this Code.

SECTION 15-1-3. Fish and Game Property of the Tribe.

(a) All wildlife now or hereafter within the Reservation, not held by private ownership legally

acquired, and which for the purposes of this Code shall include all big game animals, game birds,

waterfowl, game fish, amphibians and fur-bearing animals mentioned in this Code, are hereby declared to

be the property of the Omaha Tribe of Nebraska and no right, title, interest or property therein can be

acquired, transferred or possession thereof had or maintained except as herein expressly provided.

(b) It shall be lawful for the Department or any person appointed by it in writing so to do under the

direction of the Director, to take wildlife of any kind in any manner for the purpose of inspection,

cultivation, propagation distribution, scientific or other purposes deemed by the Director to be in the

interests of promoting and protecting, or regulating reservation wildlife.

CHAPTER 2. THE WILDLIFE AND PARKS DEPARTMENT.

SECTION 15-2-1. Establishment and Authority of Department.

There is hereby established a Wildlife and Parks Department. The administrative organization and

structure of the Department shall be established by the Omaha Tribal Council by separate legislation. The

Director of the Department shall report to the Chief of Police, Omaha Tribal Police Department, unless

otherwise provided in the organizational legislation. The Department shall have principle administrative

and field responsibility for enforcement of the provisions of the Wildlife and Parks Code.

SECTION 15-2-2. Rangers of the Department.

(a) Full-time Rangers of the Department, shall meet the requirements established for the Tribal Police

Officers. Department Rangers shall meet such requirements as to physical characteristics, competencies,

education and training as may from time to time be established by the Tribal Council or the directors for

TITLE 15. WILDLIFE AND PARKS

OMAHA TRIBAL CODE (2013)

each position or category of positions provided.

(b) The Director may at his discretion and depending upon the needs of the department require

rangers to meet the requirements of the Nebraska Game and Fish Commission or of the United States Fish

and Wildlife Service, or both.

conduct of its functions.

(d) Rangers of the Department shall have mudlioratyst to issue civil citations to persons engaged in

activities prohibited by this Code where: | oo

(1) The Ranger personally observes the violation take place, or

(2) The Ranger has within his know! edge before the citation is issued: information constituting

reasonable grounds to: believe that the person cited has engaged i in.a prohibited activily.

(e) Rangers of the Department shall have authority to confiscate any hunting, fishing or recreational

equipment or paraphernalia in the possession, custody or control of the person cited at or about the time of

the violation for which the citation iS issued, or which was otherwise directly involved in the occurrence of

the violation,

Q) In which.a citation 1s issued; or

(2) In which a violation occurs but ho citation j is issued because the violator cannot be located;

identified or physically issued a citation, In such cases a citation shall be. attached to any confiscated

property in accordance with procedures to be established by the Director.

“ (£). All confiscated property shall be promptly inventoried and retained by the Department under lock

and key pending adjudication of the matter before the Tribal Court or Court of Indian Offenses. or the pre-.

hearing payment of a civil fine to the Department; the payment to be in accordance with a schedule of the

civil fines established by Section 15-5-4. The Director shall establish a a procedure for the inventory, storage,

release and disposal of confiscated: property. .

(g) Rangers of the Department shall. not have authority to issue 2 Tribal Hunting and Fishing License,

permits or tags in the field to persons found engaged i in an H activity for which such license, permit or tag i is

required under this Code.

(h) Rangers of the Department shall not have authority to “accept the payment of civil fines in the field

and/or in lieu of confiscation of property pursuant to subject (f) of this provision. Civil fines may be paid

“and accepted.and confiscated property released on payment of such fines and before a judicial hearing on

the matter at‘any office of the Department during: the prescribed offi ice hours thereof and pursuant | to.

procedures tobe established by the Director: 2

@ Rangers of the Department shall have such other duties, powers and responsibilities as. thay from

time to time be established by the Director. ge

CHAPTER 3. PROCLAMATIONS AND REGULATIONS

SECTION 15-3- 1. "Proclamations.

(a) Annually or at such other periods z as the Tribal Council shall direct, the Tribal Council shall adopt

a Wildlife Proclamation. .

(b) The Director of the Wildlife and ee shall propose a proclamation to the Tribal

Council which, when adopted by the Tribal Council either with or without amendments, shall have the

force of law on the Omaha Reservation.

(1) Fix seasons and shorten, extend or close seasons on any species of wildlife in any specific

locality or localities, or upon the entire reservation, when it shall find, after investigation, that such

action is necessary either to assure maintenance of an adequate supply thereof, to regulate taking, or to

TITLE 15. WILDLIFE AND PARKS

OMAHA TRIBAL CODE (2013)

effectuate proper wildlife management and control.

Source. (Amended Omaha Tribal Council Resolution No. 90-55 (5-7-90)).

(1) Close or open lakes, streams and refuges, specified localities or parts thereof, to fishing,

angling, trapping or hunting and to regulate and prescribe the means by which any given species may

be taken as in its judgment may be best to perpetuate, restore, increase or control any species of

wildlife and to assure an adequate supply thereof, and to regulate the transportation and storage of all

wildlife or parts thereof within the boundaries of the Reservation and the shipment or transportation off

the Reservation.

(2) Establish or change bag limits and possession limits.

(3) Establish and change territorial limits for the taking of all species of wildlife.

(4) Prescribe the manner arid the means of taking or transporting of any species of wildlife

including, but not limited to the prescribing of the type or kind of bait, lures, tackle, equipment, traps,

firearms and weapons, tagging of game and fish or parts thereof, or any other means or device for

taking such wildlife.

(5) Designate areas for hunting with bow and arrow or other specified weapons and the seasons

thereof.

(6) Establish refuges or sanctuaries for game, game birds, fish or furbearing animals. When private

property is to be included within a refuge, written consent of the owner must first be obtained. All

boundary lines of such refuge or sanctuaries shall be posed at the usual place of entrance or exit with

signs bearing the title of the Department and stating the nature of the refuge or sanctuary created, when

created, and by what authority.

(7) Establish methods for checking hunters, fishermen or trappers into and out of designated areas,

prescribe safety and fire control measures and other regulations as may be deemed necessary in the

interest.of range, game fish, or fur-bearing animal management, and the safety and welfare of hunters,

trappers, fishermen, landowners and the Tribe.

(8) Establish fees for licenses, permits, tags and special hunting seasons. °

(9) Establish rules and regulations governing the operation of boats upon waters located within the

exterior boundaries of the Reservation. Said rules and regulations shall be in conformity with the

established Rules and Regulations of the United States Coast Guard, where applicable.

(10) Establish rules and regulations governing the operation of all-terrain and recreational vehicles

within reservation boundaries.

(11) Establish rules and regulations governing opening, closing and operation of parks and

camping areas within reservation boundaries.

SECTION 15-3-2. Publication of Proclamation.

The Proclamation adopted by the Tribal Council shall, before its effective date, be published at least

once in a newspaper of general circulation on the Reservation and shall be posted in at least three (3) public

places on the Reservation.

SECTION 15-3-3. Additional Regulations.

The Tribal Council may adopt additional regulations of either temporary or permanent application

governing the dates, places, means, or manner of taking wildlife or any limitations thereon and such

regulations shall, when published in the manner provided for proclamations, have the force of law on the

Reservation.

SECTION 15-3-4. Permits and Tags.

(a) The Tribal Council may, by proclamation, establish special permit requirements for the taking of

TITLE 15. WILDLIFE AND PARKS

OMAHA TRIBAL CODE (2013)

certain species of wildlife in designated areas and/or at designated times, and no wildlife of the designated

type may be taken under the specified circumstances except by persons possessing a valid permit therefor.

All persons, whether Indian or non Indian, must comply with permit requirements unless otherwise

provided in the permit proclamation.

(b) The Tribal Council may, by proclamation, establish tagging requirements for specified types of

game and no game of the specified types may be taken except by complying with the tagging requirements.

All persons, whether Indian or non-Indian, must comply with tagging requirement unless otherwise

provided in the tagging proclamation, :

individual receiving such possess a valid Tribal hunting or fishing license appropriate to the activity

involved, or (2) that the individual seeking such permit or tag be.exempt from said.requirement pursuant to

Section 15-4- 1 of this Chapter. :

CHAPTER 4. _ LICENSES, TAGS AND PERMITS; HUNTING, FISHING AND. TRAPPING

SECTION 15- 4-1, Hunting and Fishing Regulation: Tribal Members

(a) Members of the Omaha Tribe of Nebraska are free to hunt, fish and trap upon-any land or.

waterways within the exterior boundaries of the Omaha Indian Reservation without obtaining any State or

Tribal license, provided that the tribal member must obtain the consent of individual landowners before

‘hunting, fishing z and trapping upon privately-owned land within reservation boundaries. =: :

(b) “Tribal members must conform to the prohibitions, bag s limits and seasons set by the: Tribal Council

_ Exceptas otherwise established by Proclamation of the Tribal C ouncil, the following shall apply to riba

members: a :

(1). Tribal Members Hunting Season: From the first ‘frost to March 15 of. each year.

(2) Tribal Member Trapping. Season: to be set forth by Tribal Council proclamation annually; and

(3) Tribal Member Bag Limits: four (4) deer per person per season Or Six (6) per household of

multiple hunters per season; no bag limits on other game for tribal members; and. .

(4) Tribal Member Season and Bag Limits for Fishing: there: will be bag limits or seasonal

restrictions for fishing applied to tribal. members; and a

(5) Spotlighting: the deer spotlighting prohibition established by Tribal Ordinance 82-1 shall be

strictly enforced as against all persons on the'Omaha Indian Reservation as provided: in-said ordinance;

and . : oe

(6) Violations: all violations listed: at Section 15- 5- 3 of this Code shall apply to and be. enforced

against tribal members to the same.extent as against non-member Indians and non- -Indians; and

(7) Compliance to Laws: tribal members who take wildlife under this section are réquired to

comply. with any applicable Federal wildlife laws.

History: Subsections (b) (2) —(7) of Section 15+ 4] were amended by. Ofna Tribal Council

Resolution No. 86-44 (6/3/86). Subsection (b) (4) was amended from “there are no bag limits or seasonal

restrictions for fishing applied: to tr ibe members” to its current t forms: a

SECTION 15-4-2.. Hunting and Fishing Regulation: Non-Indians

(a) Non-Indians are prohibited from hunting, fishing or trapping on Omaha Tribal Trust lands, waters

and waterways, including the Missouri River, with the following limited exceptions:

(1) A "Certificate of Registration" for the hunting of migratory water fowl and other gamebirds

(except wild turkeys) within reservation boundaries (including trust lands and waterways) may be

issued to non-Indians pursuant to an application procedure to be established and administered by the

Department upon approval of the Tribal Council. Permit fees, durations and bag limits to be set by the

Tribal Council and stated on the Certificate.

TITLE 15. WILDLIFE AND PARKS

OMAHA TRIBAL CODE (2013)

(2) A non-Indian landowner may trap fur-bearing animals on his own land without a tribal license

consistent with the standards established by Nebraska law, such law being hereby adopted as Tribal

law.

(b) Non-Indians may hunt, fish and trap on Indian-owned fee land or trust land allotments or on non-

Indian-owned land owned by another within the reservation boundaries subject to the following

requirements:

(1) A Restricted Tribal Hunting and Fishing license must be obtained (Not valid for Tribal trust

land and waterways).

(2) Consent of the Indian landowner must be obtained and marked in written on the license by

landowner's signature.

(3) Nebraska and lowa Hunting and Fishing laws respecting seasons bag limits we hereby adopted

as Tribal law in regard to non-Indians hunting, fishing or trapping on Indian-owned fee land or trust

land allotments or upon non-Indian owned land owned by another within reservation boundaries and

all regulatory standards, fines and fees set for hunting, fishing and trapping in Nebraska and lowa shall

apply to and be enforced as Tribal laws against such hunters, fishermen or trappers by the civil

enforcement procedure and by prosecution in the United States courts.

History: Section [5-4-2 (b)(3) was amended by Omaha Tribal Council Resolution No. 86-44

(6/3/86), to add “and lowa” after all occurrences of Nebraska and by substituting “and by prosecution in the

United States courts” for “in accordance with their Code.”

(4) All prohibitions established at Section [5-5-3 shall also apply to and be enforced against non-

Indians under this subsection by civil enforcement procedure and by prosecution in the United States

courts.

History: Section 15-4-2 (b)(4) was amended by Omaha Tribal Council Resolution No. 86-44

(6/3/86), to add “and by prosecution in the United States courts.”

owned by the-hunter, fisherman or trapper, or by members of his immediate household as defined at

Section 15-1-2(j) is regulated as follows:

(1) The deer spotlighting prohibitions of Tribal Ordinance 82-1] shall be enforced against all

persons for any spotlighting actively within the exterior boundaries of the Omaha Indian Reservation

without regard to land ownership.

(2) Non-Indian land owners may hunt, fish and trap on their own land within reservation

boundaries without obtaining a tribal license but must conform their conduct to the standards

established by Nebraska Hunting and Fishing law as to seasons and bag limits, said laws being, hereby,

adopted as Tribal law.

(d) The prohibitions established by Section 15-5-3 shall also apply to and be enforced against non-

Indians by civil enforcement procedure in regard to non-Indian owned Fee land within reservation

boundaries.

(e) To the extent that Tribal licenses are required under this section, the license must be in the

possession of the hunter, fisherman or trapper to whom issued at all times while engaged in the licensed

activity.

(f) Resident non-Indians married to Omaha Indians may hunt, fish and trap on any lands or waters

within the reservation to the same extent as any tribal member,

(g) The Tribal Council retains authority to issue "Certificates of Registration" authorizing limited

hunting or fishing on the Omaha Indian Reservation by designated non-Indians who have an economic

relationship with the Omaha Tribe. The Director shall develop a registration book and form for recording

and issuing, said certificates, which shall be issued for express vote of the Tribal Council.

TITLE 15. WILDLIFE AND PARKS

OMAHA TRIBAL CODE (2013)

SECTION 15-4-3. Hunting and Fishing Regulation: Non-member Indians.

(a) Non-member Indians are subject to the identical regulatory standards for hunting, fishing and

trapping as are non-Indians.

SECTION 15-4-4. Tagging and Transportation.

The tag issued must be signed, dated and securely attached to the animal as provided in the

instructions on the tag at the time the g: game. is Drought | to any roadway or placed in any vehicle or

transportation device.

(a) Tagging allows the gaine to be ihmspoited or ‘sored by the hunter

(b) No person shall transport or possess any game animal without the identifiable parts, head, hide,

feet, or feather,

Histor ‘y: Added by Omaha T. ribal Council Resolution No. 86-44 (6586).

SECTION 15-4- 5. -Non- Licensees.

‘ No big game licensee hunting in the field during any game season shall be agcompatied by a nonlicensee carrying a firearm or any other device capable of killing wildlife. A non-licensee is a person not

having ¢ a. Permit or license.

: His tory; Added by. Omaha T ribal Council Resolution No. 86-44 (6/3/86).

CHAPTER 5. PROHIBITED HUNTING, FISHING AND. OUTDOOR RECREATIONAL ACT IVITIES.

SECTION 15-5-1,. Prohibited Activities: Civil Violations; s Sanctions.

Certain hunting, fishing ; and outdoor recreational activities have been found to be detrimental to the

wildlife and environment of the Omaha Reservation and are prohibited. Engaging-in an activity prohibited

by this Chapter constitutes a violation of this Code and renders the violator subject to the civil sanctions

and procedures established i in Chapter 6. 6.05 ae :

SECTION 15-5-2. Prohibited Activities-Relation to U. s. C. § 1165.

The Omaha Tribal Council does here by declare and give notice that engaging in a hunting, fishing or

trapping activity prohibited by Section 15-5-3 of this Chapter shall also constitute the act: of “going upon"

~ the Omaha Reservation "without the lawful authority or permission of the Tribe for the purpose of hunting,

trapping, or fishing thereon, or for the removal of game, peltries or fish therefrom," all within the meaning

of Title 18, United States Code, Section 1 165, and P.L. 47-79, the e 1gery Act: Amendment of 1981.

SECTION A5-5-3. Prohibited Activities.

The following activities are prohibited within the exterior boundaries of the Omaha Tndian

Reservation. Violators are subject to a.civil fine or assessment if found engaging in prohibited activities and

are subject to firearms and related property seizure ‘and forfeiture proceedings as established by Chapter 6.

(a) Spotlighting: It is unlawful for any person or group of persons to.throw or cast rays of light from a

spotlight or other artificial light into any open field or forest wherein game animal may be or may

reasonably be expected to be, while having in their possession or under their control or in the possession of

another nearby, a firearm or other implement whereby any game animal could be killed with the aid of such

artificial light. Provided, however, that all officers of the Wildlife and Parks Department, while in lawful

performance of their duties, shall be exempted from this rule.

(b) Killing or Possession of a Fawn or Doe. It is a violation of this section for any person or persons

to kill or knowingly have in his or their possession a fawn or doe deer, or carcass thereof, at any time unless

lawfully authorized by the Wildlife and Parks Department.

over any lake or pond on the Omaha Reservation using firearm other than a shotgun.

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(d) Legal Guns and Bows. It is unlawful to hunt the following with other than the specified weapon:

(1) Big game:

(A) shotgun of 22, 410, 16, 12, 30 gauge or larger firing a single slug.

(B) any bow of less than 40 pounds draw with which an arrow can be cast less than 130 yards.

Arrows must have broadhead points with sharpened steel cutting edges. Crossbows are illegal.

(D) 357 magnum, and 44 magnum handguns, using magnum ammunition with soft-based or

hollow-pointed bullets.

(E) center-fire rifles or center-fire handguns chambered for a center-fired rifle cartridge. No

fully automatic firearm may be used. All bullets must be soft-nosed or hollow-pointed.

(F) 22 caliber rifles may be used only upon open range acres designated by the “Wildlife and

Parks Department.

(2) Turkey: 22 caliber rifle, shotguns and bows as are legal for big game as well as all shotguns

fired from the shoulder.

(3) Waterfowl: all shotguns fired from the shoulder. Steel shot will be used in all shotguns; lead

shot is prohibited for the hunting of waterfowl.

(e) Carrying or Handling Firearms While Under the Influence of Alcohol. It is unlawful for any

person to carry or use any firearm on the Omaha Reservation while under the influence of alcohol.

(f) Shooting From Road, It is a violation of this section for any person to shoot any type of firearm

from or across any graded or maintained public road on the Omaha Reservation. "Roads," for purposes of

this section are those areas between six feet on each side of the pavement or the regular beaten path of any

motor vehicle. :

_ (g) Using a Vehicle to Take Game. It is unlawful for any person to harass or drive game animals or

game birds by means of a motor vehicle or to shoot from such vehicle at game animals or game birds.

(h) Damaging Property by Gunfire. It is a violation of this section for any person to knowingly

damage by means of gunfire, any overhead wires, conductors, or poles supporting such wires or conductors

or any other-property of either the tribe, the Federal Government, or any individual.

(i) Exceeding the Bag Limits and Possession. It is a violation of this section for any person to shoot or

otherwise take or possess more than the allowed number of any game animal or any game bird or species of

fish. Bag and possession limits will be established in accordance with Chapter 3 of this Code. All wildlife

possessed in excess of these limits shall additionally be seized and forfeited to the Omaha Tribe.

(j) Careless Use of a Firearm. It is a violation of this section for anyone to carry, handle or use any

firearm in such a manner as to carelessly endanger the life, limb or property of another.

(k) Hunting or Possession of Game out of Season. It is violation of this section for any person, except

as authorized by the Wildlife and Parks Department, to hunt, kill, wound or otherwise take, capture or have

in his possession any game animal, or any game bird as herein defined, when the season has not been

declared open.

(1) Hunting or Fishing Without Required Licenses Permits or Tags: It is a violation of this section to

hunt or fish without having first obtained all required licenses, permils and tags and/or to hunt or fish

without having such licenses, permits or tags on one's person.

(m) Hunting During Daylight Hours Only. Il is a violation of this section to lake, pursue, or kill game

animals or game birds as herein defined on the Omaha Reservation during times other than during daylight

hours, except for the hunting of raccoons. Daylight hours shall be from 1/2 hour before sunrise until sunset.

(n) Hunting on Wildlife Refuges. [t is a violation of this section for any person to knowingly or

willfully hunt or otherwise take any game birds or game animals on any posted wildlife refuge or sanctuary

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within the boundaries of the Omaha Indian Reservation, unless otherwise authorized by the Omaha

Wildlife and Parks Department.

(0) Killing or Taking Protected Species: It is violation of this section for a person to hunt or otherwise

take any protected species, unless otherwise authorized by the Omaha Wildlife and Parks Department.

(p) Shooting Fish. It is a violation of this section for any person to shoot or attempt to shoot with any

type of firearm any fish in the waters of the Omaha Reservation.

(q) Fishing Out of Season. To the extent that-fishing.seasons are established by or pursuant to this

Code, fishing out of season will bé an offense under this section.

(r) Use of Nets or Traps. It is a violation of this section for any person except those specifically

authorized by vote of the Tribal Council to set or use any trap, net or other such device to take any fish in

waters on the Omaha Reservation. Unauthorized use of any trap, net or other such device shall, in addition

to any civil fine provided, subject-such nets, trays or other devices to seizure and confiscation by the

Omaha Wildlife and:Parks Department.

(s) Planting of Fish. It isa violation of this section for anyone to plant, place or attempt to plant or

place any type of fish in any body of water.on the Omaha Reservation without the authorization of the

Omaha Wildlife and Parks Department.

(t) Littering. [1 is a violation of this section for any person to deposit garbage, refuse, ashes, junk,

glass, bottles, cans or any other form of litter or debris anywhere on the Omaha Reservation, except in

containers or dumping grounds which are provided and designated for such-use.

(u) .Disobeying a Tribal Ranger. It is a violation of this section for any person to fail to obey a lawful

_ order given by an authorized officer of the Omaha Wildlife and Hacks Depar tment, while such officer is in

the course of performing his duties.

“() Use of Lost License or Permit. It is a violation of this section for any person, other than. the issued

party, to use a lost license, permit or lag or one which is otherwise issued to another party. :

(w) Making’a False Statement. It-is a violation of this section for any person to knowingly swear and:

affirm to any false statement while applying for any type. of hunting or fishing permit, license or tag.

(x) Allowing Fires to Spread. Any person who. makes a campfire or fire and negligently allows it to

_spread and do damage to any property shall be i in violation of this section.

(y) Importing Wild Animals, Birds or Fish. It isa violation of this section for any person to import

any species of live animal, bird or fish onto the Omaha Reservation, exceptrecognized domesticated

animals or birds, without first obtaining permission from the Omaha Wildlife and Parks Department.

(@) Impersonating a Ranger. It shall be unlawful for any unauthorized person to falsely represent

himself to be a Ranger of the Omaha Wildlife and Parks Department.

(aa) Setting Traps Without a Permit. It shall be a violation of this section for any perscit to set a trap

or traps to capture, kill or attempt to capture or kill any animal on the Omaha Reservation without first

procuring a trapping permit from the Omaha Wildlife and-Patks Department.

(bb) Hooking/Netting Fish. It shall be unlawful for any person to take any adivatic wildlife of any

kind in any of the waters in the Reservation with any kind of spear, grab or snag hook, or by the use of a

jack light, or other artificial light, or by means of a set line or night line, or any kind of net or seine, or more

than two hooks, one line, or any kind of firearms, or any explosive substance or combination of explosives

which have any tendency to kill or stupefy fish, or by electricity or electrical devices.

(cc) Closed Fishing Areas. It shall be unlawful for any person to take aquatic wildlife from waters

closed by proclamation or regulation of the Tribal Council

(dd) Using Fish Parts. It shall be unlawful to take aquatic wildlife parts, fish parts or game fish as

bait.

(ee) Selling Game. It shall be unlawful to sell, offer for sale, or have in possession with intent to sell

wildlife or the carcass of any wildlife, excepting all species of rabbit or hare and the hide of a legally killed

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animal, or with the consent of the Department.

(ff) Restrictions on Certain Bird Hunting. It shall be unlawful for any person to shoot at or kill any

ducks, geese, swans, snipe, sandpipers, grebs, plovers, willet, curlews, godwits, avocets, coots or mud hens,

except by a proclamation to be issued annually, by the Tribal Council in accordance with Federal

Regulations. It shall be unlawful to have in possession more than two days legal limit of any game birds

mentioned in this section. It shall be unlawful to use sneak boats, or sink boxes at any distance greater than

one-half mile from the nearest shoreline or island or marsh vegetation such as rushes, rule or grass, and not

at all except in such localities as are designated by the Board. H shall be unlawful to hunt, shoot at or kill

ducks or geese with a rifle.

(gg) Silencing Prohibited. It shall be unlawful for any person to take into a field or forest, or have in

his possession while in the pursuit of game birds or game or fur-bearing animals, any device or mechanism

designed to silence muffle, or minimize the retort of any firearm.

(hh) Damaging Tribal Property. It shall be unlawful for any person to shoot at, shoot, deface, damage,

remove; or cause to be damaged, destroyed, or removed, any screens, dams, fishways, or fish traps owned,

controlled, or operated by the Department or Tribe; or to shoot, shoot at, damage, destroy, or remove any

road signs placed upon any of the roads or highways of this Reservation.

(ii) Hunting with Cross Bow. It shall be unlawful for any person to hunt with a cross-bow or similar

device.

(jj) Using Permit, License Tag of Another. It shall be: unlawful for any person to use the permit, tag

or license of another person or to fail to exhibit for inspection the proper permit, tag or license and/or any

fish and game in possession of an officer upon demand.

(kk) Garbage Disposal. It shall be unlawful for any person to deposil litter; garbage, debris, or other

waste on established camp grounds or waters except in places so designated for this purpose. Flammable

material maybe disposed of by burning in a.safe manner, and all other wastes must be removed to sites or

containers for waste disposal. On all other Reservation lands, such material must be buried or removed:to

sites or containers for waste disposal: ,

(Il) Fire Safety. It shall be unlawful for any person to leave an open fire unattended, to fail to

extinguish all camp fires, or to fail to report a wild fire.

(mm) Use of Motorized Vehicle. {It shall be unlawful for any person, to molest, take or attempt to take

non-aquatic wildlife with an aircraft or motor driven vehicle, except in the performance of official duties

under the supervision of the Department.

(nn) Injury to livestock or Crops. It shall be unlawful for any person to destroy, injure or molest

livestock, growing crops, personal property, or other improvements:

(00) Reckless Conduct. lt shall be unlawful for any person to handle or discharge a bow and arrow or

firearm or in a careless or reckless manner or with wanton disregard for the safety of human life and

property.

(pp) Waste Water Disposal. It shall be unlawful for any person to dispose of waste water on the

ground from campers, trailers and mobile homes except at authorized disposal areas.

(qq) Unless and except as permitted by regulation provided by this article, tt shall be unlawful for

any-non-tribal member to harvest any mushrooms of the genus Morchella Esculenta (Morel Mushroom) on

any Tribal Trust lands. Any person found in violation of this section shall be subject to penalties within

section 15-5-4 (c).

Source: Omaha Tribal Council Resolution No. 97-115 (5-30-97).

SECTION 15-5-4.

Unless otherwise established by this Code, or by proclamation or legislation of the Omaha Tribal

Council:

(a) The minimum fine for violation of parts (b), (0), (s), (u), and (y) hereof shall be $75.00 for the

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OMAHA TRIBAL CODE (2013)

incident, and $100 for any subsequent incident, the exact fine to depend upon the circumstances of the

incident and the extent of damages done provided that in any case where at trial it is proven that the actual

damages done by the violator exceed the fines set by, this Section, the actual damages proven shall be

awarded to the Department.

(b) The fine for violating any other part of Section 15-5-3 unless otherwise specified shall be $25.00

for the first incident, $50.00 for any subsequent incident, the exact fine to depend upon the circumstances

of the incident and the extent of damages done, provided that in any case where at trial it is proven that the

actual damages done by the violator exceed.the fines set by, this section, the actual damages proven shall be

awarded to the Department.

$10.00 per pound. = .

Source: Omaha Tribal Council Resolution No. 97-115 (5-30-97)

(d).. List of damages for killing a species without consent:

(1) Deer. eeeeeeceee $350

(2) Turkey....5.63... $100

(3) Pheasent:.......... $25

(4) Bobeat.....01... $250

~(5) Woodchuck. . $250

(6) Partridge.......05, $25

(7) Quail........... $25

(8) Prarie Chicken... $25

(9) Waterfowl bee eeees $25

(10).Cottontail......... $10

(11) JackRabbit.......$250

(12) Squirrel bebe ee ee een $25

(13) Black Squirrel.... $25

(14) All Fish.... 205... $10

(15) All Other Mamals. $25

a 6) Bison. veecececeass $3,000

Source: Omaha Tribal Council Resolution No. 90- 09 (10-1 2- 89).

CHAPTER 6. CIVIL ENFORCEMENT PROCEDURE

SECTION 15-6-1. Issuance of Civil Citation; Form

Source: Omaha Tribal Council Resolution No. 85-85 (10-08- 81).

(a) Authorized Enforcement Officers, as defined in Section 15-1-2 of this Code shall issue civil

citations to persons engaging in activities prohibited under Chapter 5 of this Code (hereinafter "violators")

consistent with the standards and limitations set out in Chapter 2.

(b) The Director shall prescribe the form of the civil citation to be issued to violators, provided that

said citation shall contain at a minimum places for entry of the following information:

(1) The name and mailing address of the violater

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(2) The date and place of the alleged violation

(3) The violation alleged to have taken place

(4) The time and place upon which court scheduling is contemplated

Department for each citation issued.

SECTION 15-6-2. Property Confiscation by Rangers; Receipts; Reports.

(a) The Authorized Enforcement Officer shail confiscate certain properly of violators consistent with

the standards and limitations set out in Section 15-2-2(f) and shall transport all such confiscated property to

the nearest inventory and storage office of the Department for receipt and retention pursuant to a procedure

to be prescribed by the Director.

(b) Whenever a citation, is issued and property is confiscated the enforcement officer shall provide

the violator with a signed receipt for any, property seized, said receipt to identify the violator by name, if

known, and the Officer by name, the date of seizure, and an itemized listing of that property seized.

Omaha Wildlife and Parks Department with respect to the property seized from each violator.

SECTION 15-6-3. Filing of Civil Action; No Fee; Time Limits; Answer; Long-Arm Statute.

(a) Within ten (10) days of the issuance of any citation under this Chapter, the Department shall cause

to be filed in the Court a civil complaint for damages against the violator in question and seeking as

damages:

(1) Payment to the Department of a civil fine pursuant to.the warrant schedule established by the

Tribal Council, or

(2) Forfeiture of property seized, or

(3) Both civil fine and forfeiture

(b) There shall be no fee or court costs for the filing of such action

(c) A defendant in such proceeding may file an answer to such compaint at any time prior to fortyeight (48) hours before the date or time of hearing upon the complaint.

(d) In the event the Department fails to file the required complaint within the required ten-day period,

further action against the violator shall be barred and any property confiscated shall be turned over to the

violator upon demand.

(e) Long Arm Statute: Any person who engages in activity prohibited by Chapter 5 of this Code does

by such conduct subject himself or herself to the personal jurisdiction of the Omaha Court, notwithstanding

that said person may have removed himself from the territorial jurisdiction of said Court after being cited

for the violation,

(f) Service of Process: Service of civil complaints filed under this Chapter shall be by mail to the

address provided by the violator at the time the citation is issued or another address subsequently provided

by the violator. If no address is provided by the violator, service by publication in a newspaper of general

circulation in the area of the Omaha Indian Reservation shall constitute valid service upon the defendant.

SECTION 15-6-4. Issuance of Notice and Scheduling of Hearing by Court Clerk.

The Clerk of the Court in which the Department's civil complaint is filed shall schedule a hearing on

the complaint and cause notice thereof to be issued in the manner prescribed for other civil complaints;

provided, however, that in the absence of an address to which notice of hearing to the Defendant may be

sent, notice of the proceeding shall be published in a newspaper of general circulation in the area of the

Omaha Reservation.

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SECTION 15-6-5. Subject Matter Jurisdiction Conferred on Tribal Court.

The Omaha Tribal Court, when established, and the Omaha Court of Indian Offenses, so long as it may

exist, shall have subject matter jurisdiction to adjudicate all issues of law and fact, and to enter decrees

appropriate to such jurisdiction, pertaining to civil proceedings or complaints filed by the Department

pursuant to this Chapter.

SECTION 15-6-6. Pre-Payment of Civil Fines.

At any point prior to entry of judgment in any civil proceeding initiated under this Chapter a violator

may pay the civil fine sought by the Department. The Department shall ordinarily seek a fine within the

ranges set by Section [5-5-4 or by other proclamation or legislation of the Tribal Council. Upon receipt of

such payment the Department shall return all property confiscated and shall file a Notice of Dismissal

pursuant to the Omaha Civil Rules of Pr ocedure, provided that the Director, Wildlife and Parks Department

shall have the authority at his discretion to refuse any prepayment offer and to require payment of higher

damage assessed in lieu of trial, and any court costs incurred and if no pre-trial settlement is possible, to

proceed to trial and seek to prove actual damages done by the violator.

SECTION 15-6-7. Subsequent Civil Proceedings; Enforcement of Judgments; Appeals

Proceedings subsequent to the filing of the Defendant's answer, including enforcement and

garnishment proceedings upon any judgment granted, and appeal, shall be conducted in‘conformity with

the Omaha Rules of Civil and Appellate Procedure. :

SECTION 15-6-8:. Filing Fees Waived.

The Department shall not-be required to pay any fi iling fee or r court cost to the Court for filing of

complaints under this Title‘or for service of process, witness fees or jury fees; however, the ordinary

schedule of filing fees, cost-of-service of process, witness fees or jury fees which would have been incurred

by the Department but for this section, shall be assessed as costs agains! any violator against whom :

judgment is entered pursuant to this Title. : :

CHAPTER 7. WOODCUTTING. :

Source: Title 15, Chapter 7 was added by Resolution No. 35- 85 of the Omaha Tribal Council, October

23, 1985.

SECTION 15-7-1. Omaha Tribal Wildlife and Parks Department.

(a) The Omaha Tribal Wildlife and Parks Department and Tribal Police Department shall enforce,

govern and monitor all woodcutting on lands held in trust by the United States for the Omaha ‘Tribe of

Nebraska or the members thereof.

SECTION 15-7-2. Permits.

(a) Class 1 woodcutting permits shall be issued to members living on the reservation who burn the

wood themselves. Said permits shall be valid for z a period. of thirty (30) days.

(b) Class 2 woodcutting permits shall be issued to members who live off. the reservation who burn the

wood themselves. Said permits will be valid for a period of thirty (30) days.

period of thirty (30) days.

SECTION 15-7-3. Permit Fees.

There shall be paid to the Omaha Tribal Wildlife and Parks Department, upon issuance of said

woodcutting permit, the following permit fees:

(a) Class | permit-no charge

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(b) Class 2 permit-no charge

SECTION 15-7-4. Woodcutting Regulations.

Unless otherwise designed by the Omaha Tribal Council, the following rules shall be followed for

culting wood on lands held in trust by the United States for the Omaha Tribe of Nebraska or members

thereof, to-wit:

(a) No permit shall be issued to nonmembers;

(b) There shall be no woodcutting in areas not so designated;

(d) No Class 3 permits shall be issued without a letter of consent to be a vendor, from the Tribal

Wildlife and Parks Department;

(e) It shall be unlawful to cut fences or destroy any tribal property;

(f) It shall be unlawful to cut wood on trust property without possession of a permit,

(g) Itshall be unlawful to burn any branches or junk wood in woodcutting areas;

(h) Woodcutters shall clean up wood in the area as they cut;

(i) Woodcutters shall pile all small wood and branches that are not used in a central place;

(j) Woodcutters must contact the Omaha Tribal Wildlife and Parks Department if the gates lo the

woodcutting areas are locked;

(k) No firearms are allowed in the woodcutting areas unless the individuals have a legal hunting

permit and during wildlife hunting season; and

(1) Nontribal members shall not be issued a cutting wood permit unless the nontribal member is the

spouse of the woodcutter having a permit.

SECTION 15-7-5.. Schedule of Fines.

(a) The minimum fine for violation of the Woodcutting Ordinance of the Omaha Tribe of Nebraska

shall be $75.00 for the first incident and $100.00 for any subsequent incident, the exact fine to depend upon

the circumstances of the incident and the extent of the damages done, provided that in any case where at

trial it is proven that the actual damages done by the violator exceed the fines set by this section, the actual

damages proven shall be awarded to the Department.

(b) Chapter 6, Civil Enforcement Procedures of the Omaha Tribal Code shall govern the Woodcutting

Ordinance of the Omaha Tribe of Nebraska.

authority to confiscate any woodcutting equipment except motor vehicles in the possession, custody or

control of the person cited at or about the time of the violation for which the citation ts issued, or which

was otherwise directly involved in the occurrence of the violation.

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.