5-35-3 Procedural Rules

1. OFFICER DUTIES. It shall be the duty of every Tribal Conservation Officer and Tribal Law Enforcement Officer to enforce the rules, regulations and ordinances promulgated hereunder relating to hunting, fishing, trapping, and all other regulations which may relate to all activities pursuant to the policy and intent of this Chapter and such officers may issue citations and/or make arrests and bring before the proper court any persons violating the provisions of this Chapter or any of the regulations, ordinances or rules adopted thereto pertaining to the policy, intent and purposes of this Chapter.
2. RELATION TO CRIMINAL PROCEDURES UNDER THE ROSEBUD SIOUX TRIBAL CODE-Unless otherwise provided for within this Chapter the procedural and substantive provisions of the Rosebud Sioux Tribal Code relating to criminal procedure and substantive crime shall apply within this chapter.
3. SEARCH-Any Officer may search without any conveyance vehicle, game bag, game basket, game coat or any receptacle, for game animals, birds, fish or any package, box, hunting camp or similar place where he has reason to believe contains evidence of violation of this code, regulations, ordinances or rules adopted hereunder pertaining to hunting, fishing or trapping.
4. AUTHORITY TO ENTER PRIVATE LAND-Any Officer in the course of his duty may enter upon any lands or waters of the Rosebud Sioux Indian Reservation and remain thereon while performing such duties hereunder, and such actions by such Officers shall not constitute trespass.
5. SEIZURE-Any Officer may upon probable cause, seize without warrant, all birds, animals, or parts thereof taken, killed, transported or possessed, contrary to the provisions of this Chapter or any regulation, rule or ordinance pertaining to hunting, fishing, or trapping, and or gun, trap, net seine, decoy, bait, boat, tight, fishing tackle, or other device unlawfully used in hunting, fishing or trapping, or held with the intent to unlawfully use for hunting, fishing or trapping.
6. FORFEITURE PROCEDURE-Any contraband game or fish seized shall be subject to forfeiture at the order of the Tribal Court of the Rosebud Sioux Tribe after notice and opportunity for hearing or trial as herewith set forth. In case it appears upon the sworn complaint of the Officer making the seizures that any articles seized were not in the possession of any person, and that the owner thereof is unknown, the Court shall have the power and jurisdiction to forfeit such articles unknown by publishing such summons in any newspaper or of general circulation for a period of two (2) successive issues. The summons shall describe the articles seized and shall give the owner fifteen (15) days from the date of the last publication to appear before the Tribal Court and contest the forfeiture.
7. FORFEITURE; DISPOSITION OF PROPERTY-In the event that the Tribal Court orders forfeiture of any articles seized, such articles shall be sold at auction with proceeds going to the Department of Natural Resources. If any articles are not declared forfeited by the Order of the Tribal Court, they shall be returned to the person from whom seized, after the completion of the case and the fines and liquidated damages, if any, have been paid. If fines and/or liquidated damages are assessed by the Court and not paid within a period of time to be established by the Court, the Court may dispose of said property as described above.
8. CIVIL LIABILITY TO THE TRIBE-Upon conviction of an offense where the defendant has illegally taken, killed or possessed any species of fish or wildlife, the defendant shall be liable for liquidated damages. The minimum damages to be paid to the Department of Natural Resources shall be as follows:

BIG GAME MALES/FEMALES

•  Deer
•  Antelope
•  Elk
•  Buffalo
•  Turkey

SMALL GAME

•  Ducks
•  Geese
•  Pheasants
•  Grouse & Prairie Chicken
•  Mourning dove
•  Hungarian
•  Partridge
•  Rabbits

FISH-All fish, regardless of species, will have a value of $2.00 per inch.

FURBEARERS

•  Coyote
•  Fox
•  Bobcat
•  Mountain Lion
•  Mink
•  Raccoon
•  Weasel
•  Badger
•  Porcupine

NONGAME SPECIES

All songbirds (except unprotected species) will have a value of $15.00.