3.15.140 Jurisdiction, Enforcement and Penalties

(a) Tribal Court Jurisdiction. Jurisdiction over all matters arising under this this chapter shall be with the tribal court which shall adjudicate in accordance with the Tribal Court Code all questions, complaints and alleged violations involving the provisions of this this chapter.

(b) Enforcement. The Tribal Conservation Department is empowered to enforce the provisions of this this chapter.

(c) The Conservation Department shall have the authority to:

(d) Subject to subsection (2), conduct routine inspections of vessels utilized by a person in a commercial fishing activity authorized by the Bad River Code of Laws;

(e) Execute and serve warrants and other process issued by the Tribal Court in accordance with applicable law;

(f) Stop and board any commercial fishing vessel and auxiliary boats or vessels for the purposes of determining its compliance with requirements of this this chapter or if the person reasonably suspects there is a violation or breach of this this chapter;

(g) Terminate the voyage of any vessel that is lacking required safety equipment or is otherwise being operated in an unsafe or illegal manner so as to present unreasonable risk to people or property.

(h) the inspections authorized by subsections (1)(a) and (2)(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.

(i) No fisherman shall prevent the Conservation Department from inspecting vessels used in his or her fishing operation, upon the request of the Conservation Department.

(j) No fisherman shall refuse a demand by the Conservation Department to allow boarding and search if the Department has probable cause to believe that the fisherman is in violation of this chapter on that day.

(k) 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.

(l) No member shall resist or interfere with any lawful inspection, search or seizure by the Conservation Department.

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

(n) Great Lakes Indian Fish and Wildlife Commission Wardens are hereby deputized to enforce provisions of this chapter and to cite members of the Bad River Tribal Court for violations of this chapters. Reference in this section to the Conservation Department or Tribal Wardens shall also include Great Lakes Indian Fish and Wildlife Commission Wardens.

(o) Penalties. The penalties for violating a section of this this chapter shall be as follows:

(p) Any person who, for himself or herself, or by his or her agent or employee, or who as an agent or employee of another, violates this ordinance, shall be liable as follows for each violation of this chapter:

(q) A civil forfeiture of not to exceed $5,000.00;

(r) A revocation or suspension of his or her commercial fishing rights for a period not to exceed one year;

(s) Denial of lean lake trout tags for a period not to exceed one year;

(t) A civil remedial forfeiture of any property, including boats, motors, fishing equipment, or other property incidental to the commission of the violation of this ordinance;

(u) The court may order a natural resources assessment not to exceed 75% of the amount of the civil remedial forfeiture; and

(v) Appropriate court costs within the discretion of the court.

(w) Enhancement of Forfeiture and Penalties. Upon conviction of any member for a violation of this ordinance when such person has been convicted of a previous violation of this ordinance within a period of five years, the court may enhance any civil remedial forfeiture or other penalty as the court deems appropriate and the court shall impose a minimum penalty of a commercial fishing license suspension of not less than 30 fishing days.

(x) In any case in which the court orders a money forfeiture, the court shall set a date by which the forfeiture shall be paid, and if the forfeiture is not paid by such date, shall suspend all off-reservation hunting and fishing rights until the forfeiture is paid.

(y) All forfeitures not paid when due shall accrue interest at the rate of 1 ½ percent per month on the unpaid balance, the first month's interest to be due on the day following the initial due date, and each subsequent month's interest accruing on the same day of each month thereafter.

(z) Neither the imposition of a penalty as provided for above, nor satisfaction of the terms of such penalty, shall constitute a waiver or release from any additional civil or criminal liabilities, including but not limited to liability for damages to natural resources.