5-35-4 General Provisions and Definitions

1. LICENSE AND PERMIT-License and permit fees for hunting and fishing within the exterior boundaries of that land area wherever situation known as the Rosebud Sioux Indian Reservation shall be established by the Rosebud Sioux Tribal Council by resolution as it deems annually without need to amend this Ordinance.
2. GENERAL HUNTING LICENSE-The general hunting license is required of every hunter within the exterior boundaries of that land wherever situated known as the Rosebud Sioux Indian Reservation; Hunters between the ages of twelve (12) and fifteen (15) years inclusive must possess a certificate of competency or a hunters safety card and must be accompanied by a parent, guardian or responsible adult while in the actual acts of hunting; the general hunting license provided for hereunder shall not be issued to anyone under the age of twelve (12).
3. PERMIT TO HUNT BIG GAME-It shall be unlawful for any person to hunt any big game animal except persons to whom a tribal game permit has been issued.
4. SMALL GAME PREMIT-The small game permit as provided for herein is required of every hunter who hunts small game, including migratory water fowl.
5. FISHING LICENSE-It shall be unlawful for any person to take fish, frogs, turtles, or any other form of aquatic life without a valid Tribal fishing license.
6. HANDICAPPED HUNTERS-Licensed hunters who are paraplegic or otherwise physically unable to walk with or without crutches, braces, or other mechanical support devices in the fields or woods, and who have obtained special permits from the Department, may shoot from a standing vehicle in the course of hunting game animals or game birds.
7. PROTRUDING GUNS-Except as otherwise provided for herein it shall be unlawful for any gun or firearm to protrude from any motor vehicle or conveyance while on a highway or public road within the exterior boundaries of that land area known as the Rosebud Indian Reservation
8. DISTURBING WILDLIFE PROHIBITED-No person shall scare, chase, harass, disperse, rally or otherwise disturb any wildlife by means other than by legal hunting methods and in the ordinary course of hunting.
9. SIZE OF PARTY LIMITED-No more than twenty (20) persons shall cooperate as a group in hunting.
10. HUNTING METHODS RESTRICTED TO SHOULDER GUNS AND BOW AND ARROWS-No person shall at any time hunt any game bird or game animal in any other manner than by shooting with a gun held to the shoulder or with a bow and arrow with a draw weight of at least twenty (20) pounds and a draw peak of twenty-eight (28) inches at the draw peak of draw, except that large caliber handguns of the calibers .41 and .44 caliber may be used in taking of big game animals; all cross bows or various forms thereof shall be illegal.
11. USE OF RIFLES TO HUNT BIRDS PROHIBITED-The use of rifles in the hunting of game birds is prohibited, except that rifles using center fire cartridges may be used in the hunting of wild turkeys.
12. USE OF ARTIFICIAL LIGHT IN HUNTING PROHIBITED-No person shall take or attempt to take any game or wild animal with the aid or use of artificial light, except raccoons after they have been treed with the aid of dogs.
13. HUNTING FROM A MOTOR VEHICLE PROHIBITED-No person while in or on a motor vehicle or any conveyance attached thereto shall take game nor discharge any firearm at any wild animal while on a public highway or in a field of unharvested grain.
14. HUNTING FROM A MOTOR VEHICLE OR SNOWMOBILE UNLAWFUL-It shall be unlawful for any person to chase, drive or harass or hunt any game animal, game bird or any other form of wildlife with or from a motorcycle or snowmobile.
15. USE OF AIRCRAFT FOR HUNTING PROHIBITED-It shall be unlawful to hunt from an airplane or any form of aircraft within the exterior boundaries of the Rosebud Indian Reservation or any trust land of the Tribe outside of Todd County:
    
    1. It shall be unlawful to assist in any way hunters on the ground with the aid of an aircraft, to spot game for the purpose of making it less difficult to harvest game or to disturb, rally, drive, stir up, or otherwise harass any game or other wildlife species with an airplane;
    2. It shall be unlawful to hunt big game, predators, furbearers, waterfowl on the same day that one has flown aircraft over, around or through the Rosebud Indian Reservation.
16. POSSESSION OF UNLAWFULLY TAKEN OR IMPORTED BIRD, ANIMAL OR FISH UNLAWFUL-It shall be unlawful for any person, at any time, to have in his possession or under his control, any bird, animal, fish, or any part thereof, which has been unlawfully taken on the Rosebud Sioux Indian Reservation, this state or any other state or Indian Reservation, which has been unlawfully transported into this reservation.
    
17. POSSESSION DURING CLOSED SEASONS AS PRIMA FACIE EVIDENCE OF TAKING DURING CLOSED SEASON-The possession or having under control by any person of any bird, animal, fish or part thereof at any time when the killing, taking or possession thereof is by the law of the Rosebud Sioux Tribe declared to be unlawful, shall be prima facie evidence that such taking or killing has occurred during the closed season.
    
18. INSPECTION AND COUNTING OF BIRDS, ANIMALS AND FISH TO BE PERMITEED BY PERSON IN POSSESSION--Every person having in possession any game, bird, animal or fish or any part thereof, shall upon the request of any person authorized to enforce the game and fish laws of the Rosebud Sioux Tribe, permit the inspection and count of such birds, animals or fish in his possession, and any motor vehicle may be stopped for such inspection and count by any uniformed law enforcement officer.
    
19. USE OF CITIZEN BAND RADIOS PROHIBITED-It shall be unlawful to use citizen band radio from either base stations or vehicles to make it easier or less difficult to harvest any form of wildlife on the Rosebud Reservation.
    
20. ACCOMPANIMENT BY UNLICENSED HUNTER-It shall be unlawful for anyone to accompany properly licensed hunters in the field with a bow and arrow or firearm of any type without possessing a valid tribal hunters license and permit for the wildlife species being hunted.
    
21. LICENSING, MISREPRESENTATTON-Misrepresentation of identity, age, or residency while purchasing a tribal license or tribal permit shall be unlawful and shall constitute fraud.
    
22. TRANSFER/ALTERATION OF LICENSES-Tribal licenses and tribal permits shall be valid only for the person whose name appears on the license and/or permit; further it shall be unlawful to alter or change in any way any tribal license or permit after being issued by the Department or authorized vendor.
    
23. DESTRUCTION OF PROPERTY-No person shall deface, mutilate, shoot at, tear or pull down, or destroy any sign on the Rosebud Indian Reservation, nor shall any person cut, run through, tear out, take down, and leave down, fence, or leave gates open or in any way destroy gates or fence on any lands on the Rosebud Sioux Indian Reservation; in addition to the penalty provided for violating this provision, any person convicted of such a violation may be required by the convicting Court to pay for all damages resulting from such violation.
    
24. WASTE PROHIBITED-No person shall wantonly waste or destroy any of the birds, animals or fish of the kinds protected by the laws of the Rosebud Sioux Tribe
    
25. FINANCE-All revenue taken in by the Department from hunting, fishing, and trapping licenses and permit sales, timber harvest permit, bait vendors license, sale of timber and timber products, sale of any species of wildlife, receipt of liquidated damages and fines from violations of this code will be used to operate the Department and the Departments programs to implement the best possible management and practices for tribal natural resources.
    
26. PUNISHMENT-Unless otherwise specifically provided for within this Chapter or any subsection thereof, any person convicted hereunder for the acts or omissions made unlawful and provided for herein shall be deemed to have committed an offense against the Rosebud Sioux Tribe and the peace and dignity thereof and may be fined in an amount not to exceed $500.00, and may be sentenced to a period in the Rosebud Sioux Jail facilities for period not to exceed six (6) months or both such fine and imprisonment; in addition thereto the civil liabilities as provided for within this Chapter shall be applied as against anyone who is convicted and sentences and fined hereunder.
    

[History: Amended by Ordinance 90-05.]