Bad River Band of the Lake Superior Chippewa Indians Law Library
Bad River Band of the Lake Superior Chippewa Indians Tribal Code.

3.13.210 Enforcement

(a) No fisherman shall prevent the Conservation Department from inspecting nets and vessels used in his or her fishing operation, or any fish taken by him or her upon the request of the Conservation Department. Fishermen shall similarly allow state wardens to inspect when they are accompanying a representative of the Conservation Department.

(b) The acceptance of a license, identification number, or lean lake trout tags constitutes the consent of the fisherman to inspections as provided in subparagraph (a), above.

(c) No fisherman shall refuse a demand by the Conservation Department to allow boarding and search, or to search items used in ice fishing, or to search a motor vehicle if the Department has probable cause to believe that the fisherman has violated on that day a provision of this chapter or that a violation is then occurring, nor shall any fisherman refuse to allow the participation of any state warden in any such boarding or search when done under the direction of the Conservation Department or pursuant to subsection (f).

(d) No fisherman shall refuse the demand of the Conservation Department that the fisherman proceed to a port designated by the Department, if such port is within two hours travel time, for the purpose of boarding and inspection.

(e) No fisherman shall refuse an order of a state conservation warden to remain on site until the arrival of the Conservation Department, if the state warden requests permission to search the vessel, the fisherman refuses, and the state warden informs the fisherman of his or her reasons for believing that a violation has occurred and of his or her efforts to contact tribal authorities.

(f) No fisherman shall refuse to allow state conservation warden to board and search his boat if the Conservation Department is unable to arrive at the boat within 1« hours of contact by the state warden, or within « 1 hour of the fisherman's arrival in port pursuant to an order under subparagraph (d), above.

(g) No fisherman shall refuse to allow a state conservation warden to search on the ice, or to search off-reservation a motor vehicle, provided the warden has probable cause to believe that a violation has occurred or is occurring and that evidence thereof may be found by such search, and provided further that the warden is unable to contact and secure tribal authorities to conduct such search.

(h) No member shall resist or interfere with any lawful inspection, search or seizure by the Conservation Department or a state conservation warden.

(i) Seizure is permitted of any evidence of a suspected violation found pursuant to any search authorized by law, and of any gear set or found in an area where such gear is illegal under this chapter.

(j) Wisconsin State Department of Natural Resources Wardens are hereby deputized to enforce the provisions of this chapter, and to cite members in Tribal Court for violation.

(k) Red Cliff tribal wardens and Great Lakes Indian Fish and Wildlife Commission wardens are hereby deputized to enforce the provisions of this chapter and to cite members in Bad River Tribal Court for violation. Reference in this section to the Conservation Department shall also include Red Cliff and Great Lakes Indian Fish and Wildlife Commission wardens.