3.15.020 Inspections

The Bad River Conservation Department is authorized to conduct commercial fishing vessel inspections as follows:

(a) Who May Conduct Inspections. Only those persons who have been qualified by the United States Coast Guard may conduct inspections. The Bad River Conservation Department may authorize inspections by persons who are not department employees if they are Coast Guard qualified.

(b) Purpose of Inspection. The purpose of the inspections is to ensure that commercial fishing vessels are in compliance with the requirements of this this chapter. The inspections may also ensure the vessels are in compliance with the requirements of Coast Guard regulations that go beyond the specific provisions of this this chapter. The Bad River Conservation Department shall develop n inspection form that is designed to obtain the information necessary to achieve these purposes.

(c) Proof of Inspection. Proof of inspection shall be demonstrated by a completed inspection form that is retained by the Bad River Conservation Department and by a Coast Guard approved decal that is affixed to the vessel's outer hull. The decal may be the same decal that the Coast Guard uses. Any vessel for which an exemption has been requested pursuant to §1.02, below, shall not be issued a decal until the exemption request has been acted upon. The decal must be removed upon transfer of the vessel's ownership.

(d) Mandatory Dockside Inspections. A vessel must be inspected:

(1) Within the first 12 months after the effective date of this this chapter and at least once every 24 months thereafter;

(2) Any time the member wishes to seek an exemption from one of the requirements of this this chapter in accordance with the provisions of §1.02, below;

(3) As requested by the Bad River Conservation Department or as ordered by the Tribal Court; and

(4) Within 12 months after the tribal member obtains ownership or otherwise first uses it for commercial fishing activities.

(e) Voluntary Dockside Inspections. A member may request a voluntary dockside inspection for the purpose of obtaining an inspection decal. No citation may be issued because a vessel fails to pass a voluntary inspection. However, citations may be issued for any non- complying vessel that is detected during routine law enforcement activities.