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Sioux Tribal Code
Last Revised: 1995 TITLE XI - YANKTON SIOUX TRIBAL HUNTING, FISHING AND OUTDOOR RECREATION CODE
Sec. 11-1-010 Wildlife Conservation Department A Wildlife Conservation Department is hereby established by the Yankton Sioux Tribal Council, which shall be an executive Department under Article II of the Constitution of the Yankton Sioux Tribe.
There is hereby created the Wildlife Conservation Commission. The Wildlife Conservation Department is hereby placed under the supervision of the Commission. The Commission shall consist of three (3) voting members and one (1) non-voting Business and Claims Committee member, all of whom shall be appointed by the Business and Claims Committee. All voting Committee members shall be selected from the tribal membership who are residents of the Reservation.
It shall be the policy of the Yankton Sioux Tribe that all wildlife and fishery resources within the exterior boundaries of the Yankton Sioux Indian Reservation, as established by the Treaty of 1858, are property of the Yankton Sioux Tribe, and that management of these resources is a fundamental form of tribal self-government, and that the tribe's wildlife and fishery resources shall be preserved, protected, perpetuated and managed in accordance with the provisions set forth in this Code and in rules and regulations promulgated by the Commission. It shall also be the policy of the Yankton Sioux Tribe that wildlife and fishery habitats be managed, to the greatest practicable extent, to ensure establishment and maintenance of optimum wildlife species diversity and population densities throughout the Reservation. It shall be the duty of the Commission to implement this policy, but not to change it.
Whenever the following words appear in the Wildlife Conservation Code, and orders, rules and regulations promulgated by the Commission or the Director of the Department of Wildlife Conservation, they shall be deemed to have the same meaning and terms of reference as set forth in this section, unless a different meaning clearly appears from the context. 1. "Reservation" shall mean all territory within the boundaries of the Yankton Sioux Indian Reservation, as established by the Treaty with the Yankton Sioux, 1858, 11 Stat. 743. For Yankton Sioux tribal members only, the provisions of this Code and rules and regulations promulgated by the Commission shall apply to the above-mentioned territory, and to all lands and waters outside Charles Mix County, South Dakota, which are held in trust by the United States for the Yankton Sioux Tribe, or lands and waters in which the aboriginal hunting and fishing rights of the Yankton Sioux Tribe have never been abrogated by act of Congress. 2. "Tribe" shall mean the Yankton Sioux Tribe. 3. "Tribal Court" or "Court" shall mean the Court of Indian Offenses established pursuant to 25 CFR Section 11 or the Yankton Sioux Tribal Court.4. "Commission" shall mean the Yankton Sioux Tribal Wildlife Conservation Commission. 5. "Department: shall mean the Yankton Sioux Tribal Wildlife Conservation Department. 6. "Tribal Council" shall mean the General Tribal membership of the Yankton Sioux Tribe. 7. "Business and Claims Committee: shall mean the executive branch of the Yankton Sioux Tribe whose members are elected by the General Tribal Membership. 8. "State" shall mean the State of South Dakota. 9. "Director" shall mean the Director of the Yankton Sioux Tribal Department of Wildlife Conservation. 10. "Person" shall mean an individual, partnership, corporation, company or any other type of association, and any agent or officer of any partnership, corporation, company, or any type of association. The masculine gender includes the feminine and the neuter. 11. "Wildlife" shall mean any form of animal life, native or exotic, generally living wild in a state of nature, endowed with sensation and the power of voluntary motion, including all wild mammals, birds, fish, reptiles, amphibians and their eggs, nests, and spawn, and any mammals, birds, or fish and their eggs, nests and spawn which are part of a Department program for propagation of any species which may be in a semi-domesticated state. 12. "Code" shall mean the Yankton Sioux Tribal Wildlife Conservation Code. 13. "Take" and its derivatives "taking, taken, took" shall mean hut, pursue, catch, capture, shoot, fish, seine, trap, kill, or possess or any attempt to commit any of these acts. 14. "Hunt" and its derivatives "hunting, hunted" shall mean chasing, driving, flushing, attracting, pursuing, worrying, following after or on the trail of, shooting at, stalking, or lying in wait for, any wildlife whether or not such wildlife is then or subsequently captured, killed, taken, or wounded. Such term does not include stalking, attracting, searching for, or lying in wait for, any wildlife by an unarmed person solely for the purpose of watching wildlife or taking pictures thereof. 15. "Fish" and its derivatives "fishing, fished" shall mean any effort made to possess, take, kill, injure, capture, catch any fish or bullfrog. 16. "Trap" and its derivatives "trapping, trapped" shall mean taking, killing, and capturing wildlife by the use of any trap, share, deadfall, or other device commonly used to capture wildlife, and the shooting or killing of wildlife lawfully trapped, and includes all lesser acts such as placing, setting or staking such traps, snares, deadfalls, and other devices, whether or not such acts result in the taking of wildlife, and every attempt to take and every act of assistance to any other person in taking or attempting to take wildlife with traps, snares, deadfalls or other devices. 17. "Possession" shall mean both actual and constructive possession, and any control of the object or objects referred to, and shall include "possession" of any species of wildlife or parts thereof, on one's person, premises, motor vehicle, or public or private place of processing or storage, provided that wildlife taken accidentally and in a manner not contrary to the provisions of this Code and Commission rules and regulations shall not be deemed to be in possession while being immediately released live back to the wild. 18. "Possession limit" shall mean the maximum limit in number or amount of wildlife which may be lawfully in the possession of any person. "Possession limit" shall apply to wildlife being in possession while in the field or being transported to final place of consumption or storage. 19. "Bag limit" shall mean the maximum number of wildlife which may be legally taken, caught, or killed by any one person for any particular period of time, as provided by order of the Commission. The term "bag limit" shall be construed to mean an individual, independent effort and shall not be interpreted in any manner as to allow one individual to take more than his "bag limit" toward filling the "bag limit" of another. 20. "Buy" shall mean to purchase, barter, exchange, or trade, and includes any offer or attempt to purchase, barter, exchange or trade. 21. "Sell" shall mean to offer or possess for sale, barter, exchange, or trade or the act of selling, bartering, exchanging or trading. 22. "Transport" shall mean to carry or convey or cause to be carried or conveyed from one place to another and includes an offer to transport, or receipt or possession for transportation. 23. "Carcass" shall mean the dead body of any species of wildlife including the head, hair, skin, plumage, skeleton, or any other parts thereof. 24. "Game" shall mean all wild animals and birds for which hunting seasons have been established or may be established by provisions contained within this Code. 25. "Game Fish" shall mean all species and subspecies of paddlefish, sturgeon, salmon, trout, pike, catfish, bullheads, sunfish, black bass, bluegill, crappies, perch, walleye, and sauger. 26. "Rough Fish" shall mean all fish species not defined as "game fish" and which are not protected. 27. "Fur-bearer" shall mean all mammals which are taken primarily for the sale of their pelts. 28. "Nongame Species" shall mean all species of wildlife which are not listed or covered or provided for within the provisions of this Code and are protected. 29. "Protected Species" shall mean all species of wildlife for which no season is established by this Code and may not be legally taken. 30. "Unprotected Species" shall mean those species of wildlife specifically enumerated in this Code which may be taken throughout the year. 31. "Conditionally Protected Species" shall mean those species of wildlife which are specifically enumerated in this Code and are defined as "protected species," but may be taken when causing or threatening to cause depredation to crops or livestock or are creating a health hazard. 32. "Open Season" shall mean the time specified by this Code and by rule, regulation, or order of the Commission when it shall be lawful to hunt, fish or trap for particular species of animals, birds, or fish. Each period of said time shall be specified as an "open season" and the period of time during each day when these activities can legally take place. 33. "Closed Area" shall mean any part of the Reservation, including waters thereof which have been closed to legal hunting, fishing, trapping, access or other activities by rule, regulation, or order of the Commission, so stated by signs posted in conspicuous places on or near the "closed area."34. "Specified Area" shall mean any part of the Reservation, including waters thereof, in which legal hunting, fishing, or trapping activities have been restricted to specified means or by methods, by rule, regulation, or order of the Commission. 35. "Resident" shall mean a person whose domicile is the Yankton Sioux Indian Reservation or Charles Mix County, South Dakota. 36. "Non-Resident" shall mean a person other than "resident" defined in number 35 of this Section. 37. "Order, Rule, Regulation" are all used interchangeably and each includes the others. 38. "Public Highway" shall mean the traveled portion of, and the shoulders on each side of, any road maintained by any governmental entity for public travel, and shall include all bridges, culverts, overpasses, fills, and other structures within the limits of the right-of-way of any such road. 39. "Motorized Vehicle" shall mean any water, land or air vehicle, and any conveyances attached thereto, propelled by means of steam, petroleum products, electricity, or any other mechanical power. 40. "License" shall mean a primary document issued pursuant to this Code and rule, regulation or order of the Commission which grants permission to an individual to engage in limited specified activities on the Reservation. 41. "Permit" shall mean a secondary document including stamps, requiring a "license" as a prerequisite to its issuance, which grants permission to engage in by limited specified activities provided by this Code and rules, regulations and orders of the Commission. 42. "Small Game" shall be defined as including the following: Family Anatidae - limited to geese, brants, dabbling ducks, diving ducks, tree ducks, sea ducks, and mergansers; Family Rallidae - including coots (mudhens) and gallinules (rail and soras); Family Charadiidae - including plovers and turnstones; Family Scopopacidae - including snipes, woodcock, and sandpipers; Gallinaceous Birds (with excepting of Family Malaegrididae - wild turkeys) to include Family Tetraonidae - sharptail grouse and prairie chickens, Family Phasianidae - bobwhite quail, ringneck pheasant, and Hungarian partridge; Family Columbidae - mourning dove; Cottontail Rabbit and Eastern Fox Squirrel. 43. "Big Game" shall be defined as wild turkey and any undomesticated cloven hooved ungulate, including whitetail deer, mule deer, pronghorn antelope, elk, and buffalo, for which an open season may be established by the Commission. 44. "Waterfowl" shall be defined as including any wild geese, brants or wild ducks. 45. "Tag" shall mean a card, label, or other identification device issued for attachment to the carcass of any big game animal pursuant to the provisions of this Code and rules, regulations and orders of the Commission, the proper validation and attachment of which is required to reduce said carcass to lawful possession. 46. "Bait" for purposes of hunting shall mean any food item including, but not limited to, shelled or unshelled grains, shucked or unshucked grains, alfalfa, hay, food supplements, salt, and any other items which entice or attract game to a particular place. 47. "Baiting" shall mean the act of putting out, scattering, or in other ways distributing "bait" for the purposes of attracting and taking any game animal or hunting over bait. 48. "Snagging" shall mean the use of hook or hooks and line, with or without a pole, to impale or attempt to impale fish in a manner other than by natural feeding behavior by fish. 49. "Bait Fish" shall mean any fish or minnow which is used for angling, or for the capture and taking of fish. 50. "Live Bait" shall mean the use of any bait fish, amphibian, or any other animal while alive for angling.51. "Trot Line" shall mean any line used for fishing with one or more hooks which is not used with a conventional rod and reel and is left unattended. "Trot Line" shall include, but not be limited to, the terms, throwline, set line, limb line, or jug line. 52. "Guiding" shall mean to assist any person in the taking or the attempted taking of wildlife for consideration.
A. The Yankton Sioux Tribe has jurisdiction to regulate hunting and fishing on the Yankton Sioux Indian Reservation, as established by the Treaty of 1858. No person at any time, in any manner, may acquire any property interest in or subject to his dominion and control any game bird, game animal, game fish, or any part thereof except by killing, catching, taking, or possessing in the manner provided by this Code or rules and regulations adopted by the Commission. B. The Wildlife Conservation Department shall have the power to regulate and control in every practical manner, under the laws of the Yankton Sioux Tribe, and rules and regulations adopted by the Commission, the conservation, protection, importation, propagation, hunting, fishing, taking, or killing of all game and fur-bearing animals, fish, and protected non-game wildlife and fish species on the Reservation.
A. Any person who violates any provision of this Code or the regulations adopted by the Commission shall be subject to criminal prosecution in Tribal Court or in the Court of Indian Offenses established in 25 CFR Part II and Federal Court under appropriate section of the United States Code. B. Any person who is convicted of violating any provision of this Code or rule or regulation adopted by the Wildlife Conservation Commission shall be prima facie liable for any damages to the Yankton Sioux Tribe as a result of such violation. C. Failure to obtain conviction on a criminal charge shall not be a bar to a separate civil action for such damages. The Yankton Sioux Tribe may bring a civil action for damages, restitution, or equitable remedy against any person in any court of competent jurisdiction. Any such action brought by the Tribe shall not constitute a waiver of the Tribe's sovereign immunity, unless explicitly waived by the Tribe.
Any person is subject to the jurisdiction of the Tribal Court of this Reservation as to any cause of action arising from the doing personally, through any employee, through any agent or through a subsidiary, of any of the following acts: A. The transaction of any business within the Reservation; B. The commission of any act which results in accrual within this Reservation of a tort action; C. The ownership, use, or possession of any property, or of any interest therein, situated within this Reservation; D. Entering into a contract for services to be rendered or for materials to be furnished within this Reservation by such person; E. Entering
into negotiations with any within this Reservation with the apparent
objective of contracting for services to be rendered or materials to
be furnished within this Reservation; F. Commencing or participating in any negotiations, mediation, arbitration, or litigation involving subject matter located in whole or in part within this Reservation; G. The commission of any act, the basis of which is not inconsistent with the Constitution of the Yankton Sioux Tribe or with the Constitution of the United States.
A. Any person who violates this Code shall be deemed to have committed an actionable offense against the Tribe and such person shall be liable to the Tribe for all injuries proximately caused by such act. The Tribe may recover all actual damages and shall have available all remedies at law and at equity for injuries caused by such act. Actual damages shall include, but not be limited to, attorney fees and all necessary costs in bringing action. B. Any person who deliberately causes injury to the Tribe in violation of this Code shall be subject to treble damages. C. Nothing in this section shall prevent a tribal member or other person injured by such act from bringing a private cause of action against the actor, and such injured person shall have all available remedies at law and at equity for his injury as are available to the Tribe. D. Nothing in this section or elsewhere in this Code shall constitute a waiver of the Tribe's sovereign immunity. The hunting or fishing or trapping for game animals, fur-bearing animals, or fish on this Reservation by a nonresident of the Reservation shall be implied consent by that person to the jurisdiction of the Tribe and to be bound by its laws, and shall be deemed an appointment by such nonresident of the Agency Superintendent to be his lawful attorney upon whom may be served legal process in any action against such nonresident, his executor or administrator, growing out of such hunting or fishing which results in damages or loss to person or property, and said hunting shall signify such non-resident's agreement that any such process in any action against him, his executor or administrator, which is so served shall be of the same legal force as if served upon him, his executor or administrator personally.
A. Such service of process as authorized by Section 11-1-100 shall be made by filing in the office of the Agency Superintendent, a copy of such process and payment to such Superintendent a fee of Five Dollars ($5.00) and shall be completed by the plaintiff, his agent or executor or administrator, by publication in a newspaper of general circulation or by certified mail at the defendant's last known post office address, or the last known post office address of defendant's executor or administrator, notice of such service and a copy of the process. In lieu of such mailing, such process may be served upon the defendant or his executor or administrator personally without the Reservation at any time within thirty (30) days after such filing of such process. The time within which the defendant or his executor or administrator may appear shall not commence to run until such mailing, publication or such personal service without the Reservation. The Agency Superintendent shall keep a record of all such process so served, such record to show the day and hour of such service. The fee of five dollars ($5.00) paid by the plaintiff to the Agency superintendent shall be taxed in his costs if he prevails. B. In the event mailing process to a nonresident of the Reservation is unsuccessful, the Superintendent shall serve process by publication of summons at least one (1) time per week for three (3) consecutive weeks in a newspaper of general circulation in the county of the defendant's last known post office address.
A. Proof of the service as provided by this section must be attached to the original process. If the service is completed by mailing, such proof must include a showing by affidavit that the address to which the copies were mailed was in fact the last known post office address of the defendant, his executor or administrator, which the plaintiff could, with reasonable diligence, ascertain and must also include the receipt issued by the postal authorities. B. If the service is completed by publication, such proof must include a showing that service by certified mailing was unsuccessfully attempted, by affidavit of mailing copies of such process to the newspaper for publication, and by affidavit of the printer, his foreman, or principal clerk or the publisher of the newspaper showing the time, place, and manner of such publication.
If any provision of this Code is held to be illegal by the Tribal Court or the Federal Court, only the offending provision or part thereof, whichever is smaller, will be excised from the Code, the remaining portion of the provision and the Code shall be retained, with full force of law.
Sec. 11-2-010 Administration The Wildlife Conservation Commission shall supervise the activities of the Wildlife Conservation Department and shall provide direction to Department employees. The Commission shall hold regular monthly meetings to review Department activities, develop work plans for Department employees, regarding hunting, fishing and trapping seasons. The Commission shall submit a monthly financial report of the Department to the Yankton Sioux Tribe's Administrative Assistant, and will coordinate with the Department, the Administrative Assistant, the Business and Claims Committee, and the BIA to prepare an annual budget and manage fiscal matters for the Department. The Commission will also coordinate efforts to acquire additional funding for the Department. Additional meetings will be scheduled as often as necessary to effectively administer Department business. All rules and regulations adopted and administrative decisions made by the Commission concerning the Tribe's wildlife and fishery resources and their habitats shall be considered routine business, within the meaning of Article I of the Yankton Sioux Tribe's Constitution, so long as such rules, regulations and administrative decisions bear a rational relationship to the Code and the Tribe's wildlife policy.
For purposes of administering the wildlife policy of the Yankton Sioux Tribe, the Commission is hereby authorized and empowered to: A. Investigate and find facts regarding the status of the Tribe's wildlife and fishery populations and habitats, in order to give effect to the announced policies of the Tribe in Sec. 11-1-30 and Sec. 11-1-40. B. Hold hearings for the purpose of receiving testimony, considering evidence, and determining the facts as to when the supply of any wildlife on the Reservation will be adversely affected by the taking thereof, and for the purpose of determining when an open season may be declared for taking of wildlife. C. Give due regard to recommendations of the Director of the Wildlife Conservation Department in declaring whether the supply of any particular species of wildlife is in adequate supply to support an open season without causing injurious effects. The Commission shall adopt rules and regulations with respect to each species of wildlife for which an open season has been declared, based upon biological and non-biological factors, designed to conserve each species and provide adequate opportunities for harvest. These regulations shall contain at minimum, season length, method of harvest, bag and possession limits based on sex and number, tagging and reporting requirements where applicable. D. Whenever the Commission finds it necessary for the preservation, protection, or management of any wildlife on this Reservation, by any sudden or unexpected emergency, the Commission may, by written order, declare the existence of an emergency, identify the cause, and prescribe immediate opening, closing, or imposition of restrictions on the taking of wildlife which the Commission may find necessary.
E. Upon notice, hold drawings for the Tribal membership or general public, giving license holders, under the wildlife laws of this Reservation, the privilege for drawing by lot for a controlled hunt permit, authorizing the person to whom the permit is issued to hunt, kill, or attempt to kill any species of wild animals or birds designated by the Commission under such rules and regulations as it may prescribe. It is a violation of this Code for any person to transfer any such permit to any other person, or for any person to make use of such permit issued to any other person. F. Adopt rules and regulations pertaining to the importation, exportation, release, sale, possession or transportation into, within or from the Reservation, of any species of live, native, or exotic wildlife, or any eggs thereof. G. Acquire for and on behalf of the Tribe, by purchase, condemnation, lease, agreement, gift, or other device, lands or waters suitable for the following purposes:
H. Enter into cooperative agreements with educational institutions, and state, federal, or other agencies to promote wildlife research and to train students for wildlife management. I. Enter into cooperative agreements with state and federal agencies, municipalities, corporations, organized groups of landowners, associations, and individuals for the development of wildlife rearing, propagating, management, protection, and demonstration projects. J. Capture, propagate, transport, buy, sell or exchange any species of wildlife needed for propagation or stocking purposes, or to exercise control of undesirable species. Sec. 11-2-030 Wildlife to be Classified - The Wildlife Conservation Commission shall, from time to time, investigate and determine the habits and distribution of the various species of wild animals, wild birds, and game fish native to or capable of being adapted to the terrestrial and aquatic eco-systems on the Reservation, and classify the wild animals as game animals, predatory animals, and fur-bearing animals, and classify the wild birds as game birds including migratory game birds and upland game birds, predatory birds, non-game birds, and harmless or song birds.
A. The Wildlife Conservation Commission may regulate propagation and preservation of all game animals, fur-bearing animals, game birds, non-game birds, harmless or song birds, and game fish, and the collection of game fish spawn, and distribution thereof, and the distribution of fry and adult game fish in any of the rivers, streams, lakes, and ponds of the Reservation, and may import such spawn, fry, and adult fish as may be deemed advisable, and, when so propagated, taken, or imported, distribute the same on the Reservation as necessities and adaptabilities may require. B. The Commission may authorize or prohibit the importation of wild animals, wild birds and game fish, and regulate and license the sale and transportation thereof within the Reservation.
The Wildlife Conservation Commission shall, from time to time, adopt, promulgate, amend, or repeal, and enforce, reasonable rules and regulations governing the time, place and manner, of taking or prohibiting the various classes of game animals, fur-bearing animals, and predatory animals, game birds, predatory birds, non-game birds, and harmless or song birds, and game fish throughout the Reservation, and specify the quantities, species, sex and size of such animals, birds, and fish that may be taken.
The Wildlife Conservation Commission may establish within the Reservation by rule and regulation game reserves and closed areas wherein all hunting and trapping for game animals, game birds and fur-bearing animals, may be prohibited and game fish reserves and closed waters wherein all fishing for game fish may be prohibited.
A. All rules and regulations adopted by the Wildlife Conservation Commission and all amendments to, modifications or repeals of existing rules and regulations, shall be adopted by a majority vote of the Commission at any meeting by resolution, entered and recorded in the minutes of the Commission, and shall be sent to the Tribal Chairman and the Superintendent. The Commission may direct the publication of any such rules and regulations in the newspapers or other media by providing therefore in such resolution. B. Any copy of such resolution, certified as a true copy by the Chairman of the Wildlife Conservation Commission or the Tribal Chairman, shall be admissible in any court as prima facie evidence of the adoption, promulgation, and validity of any such rule or regulation.
The Director of the Wildlife Conservation Department, all Tribal Conservation Officers, and all other law enforcement officials who are authorized to enforce this Code and rules and regulations of the Commission, may serve and execute all warrants and process issued by the Court in enforcing the provisions of this Code and all rules and regulations of the Commission pertaining to the wild animals, wild birds, and game fish or pertaining in any manner to the management, operation, maintenance or use of all real property within the exterior boundaries of the Reservation or the conduct of persons in or on the same.
Whenever it may become necessary in order to obtain additional lands for hatchery sites, rearing ponds, brood traps, trap sites, game animal, fur-bearing animal, game bird, non-game bird, and game fish farms, habitats, and sanctuaries, and tribal hunting or fishing areas, or for rights-of-way access to any and all such lands, the Commission may enter into agreements accordingly with the concurrence of the Business and Claims Committee.
A. The Wildlife Conservation Commission may order removal or killing of any wild animal, game fish, or wild bird that in its judgment is destroying or injuring property, or when in the judgment of the Commission, such killing or removal is necessary for scientific research, or for proper game or game fish management. B. In the event of any such killing of any wild animals, wild birds, or game fish, the Commission shall, whenever in its opinion it is feasible or practical, distribute the meat and other useable parts thereof to need tribal members or tribal organizations.
The Wildlife Conservation Commission, with concurrence of the Business and Claims Committee, is authorized to withdraw from lease any tribally owned lands, or at the request of allottee, lease Indian allotments, or other lands within the Reservation if, in the judgment of the Commission and Business and Claims Committee, such withdrawal or lease will be of benefit to the Tribe and wildlife or fishery populations of the Reservation.
The Wildlife Conservation Commission is authorized, subject to approval by the Tribal Council, to enter into cooperative and reciprocal agreements with the State of South Dakota and/or Federal Government or governmental agency, for the purpose of promoting and implementing wildlife and fishery management programs, forestry programs, and outdoor recreational activities.
A. The Director shall promptly transmit to the Yankton Sioux Tribe's Administrative Assistant all moneys received by him, from the sale of hunting, fishing and trapping licenses, tags and permits, or from any other source connected with the administration of provisions of the Wildlife Conservation Code or any Commission rule or regulation for the protection of wildlife, and Administrative Assistant shall deposit all such moneys in a special account to be known as the "Wildlife Conservation Account," which is hereby established, reserved, set aside, appropriated, and made available until expended as may be directed by the Commission in carrying out the purposes of the Wildlife Conservation Code, or any rule or regulation promulgated for the protection of wildlife, and shall be used for no other purpose. B. The Commission shall govern the financial policies of the Department and shall, as provided by law, fix the budget for the operation and maintenance of its work for each fiscal year. Said budget shall not be exceeded by the Director. C. For the purpose of acquiring access and acquiring and rehabilitating big game ranges, upland bird and waterfowl habitats, and fishery habitats, the Director shall set aside moneys within the Wildlife Conservation Account in an amount equal to Two Dollars ($2.00) for each non-tribal member Game and Fish License or permit sold. Said moneys shall be used only for acquiring access and for the acquisition and rehabilitation of big game ranges, upland game bird and waterfowl habitats, and fishery habitats. Unless it is inconsistent with the goals of the Commission, it is the intent of the Tribe that the Commission negotiate lease arrangements, as well as outright purchase of private property. D. The Commission may receive, on behalf of the Department, any money or real or personal property donated, bequeathed, devised, or conditionally granted to the Department. Any real property granted to the Department shall be placed in trust and shall be primarily managed for wildlife. Such moneys received directly or derived from the sale of such property shall be deposited by the Yankton Sioux Tribe's Administrative Assistant in a special account to be known as the "Wildlife Conservation Trust Account," which is hereby established, set aside, appropriated and made available until expended, used, and administered to carry out the terms or conditions of such donation, bequest, devise, or grant, or in the absence of such terms or conditions, the Commission may expend, use, and administer such funds as it may deem advisable in the Tribe's interest and in accordance with the policies set forth in the Wildlife Conservation Code. Pending such expenditure or use, surplus moneys in the Tribe's Wildlife Conservation Trust Account shall be invested by the Tribe's Administrative Assistant in the manner provided by the Commission, and all interest received on all such investments shall be paid into the Wildlife Conservation Trust Account.
Sec. 11-3-010 Authorization for Department Powers and Duties The Department of Wildlife Conservation is authorized and empowered to carry out the policy of the Yankton Sioux Tribe, under direction of the Wildlife Conservation Commission, by enforcement of this Code and rules and regulations of the Commission, and engaging in such activities as reasonably required to manage the Tribe's wildlife and fishery resources and their habitats.
A. The office of Director is hereby created. The Commission shall appoint a Director of the Department of Wildlife Conservation, hereinafter referred to as the Director, who shall be a person with knowledge of, and experience in, the requirements for the protection, conservation, restoration, and management of the wildlife resources of the Reservation. The Director shall not hold any other office in tribal government, and shall devote his entire time to the service of the Tribe in the discharge of his official duties, under direction of the Commission. B. Powers and Duties of Director.
Every Tribal Conservation Officer, Agency Law Enforcement Officer, and other law enforcement personnel specifically authorized by the Wildlife Conservation Commission, shall enforce all provisions of this Code, and regulations adopted by the Commission for the protection of game animals, fur-bearing animals, game girds, non-game birds, harmless or song birds, and game fish, and further shall enforce all laws or rules and regulations adopted by the Commission pertaining in any manner to the management, operation, maintenance or use of all real property used, owned, leased or controlled by the Tribe or the conduct of persons in or on the same, and may issue citations to persons failing to comply with any such law or rules and regulations.
Any Tribal Conservation Officer, Agency Law Enforcement Officer, or other specifically authorized law enforcement personnel may, without warrant, arrest any person found violating any law enacted, or any rule or regulation adopted and promulgated by the Commission, pertaining to wild animals, wild birds and game fish or pertaining in any manner to the management, operation, maintenance or use of all real property used, owned, leased, or controlled by the Tribe or the conduct of persons in or on the same.
Any Tribal Conservation Officer, Agency Law Enforcement Officer, or other specifically authorized law enforcement officer may search without warrant, any conveyance, vehicle, game bag, game basket, game coat, or other receptacle for game animals, game birds, or game fish, or any package, box, tent, camp, or other similar place which he has reason to believe contains evidence of violations of this Code or Commission rules and regulations.
Any Tribal Conservation Officer, Agency Law Enforcement Officer, or other specifically authorized law enforcement officer may seize without warrant all wild birds, wild animals, fish, or parts thereof, taken, killed, transported, or possessed contrary to this Code, or rule or regulation of the Commission, and any dog, gun, trap, net, seine, decoy, bait, boat, light, fishing tackle, or other device unlawfully used in hunting, fishing or trapping, or held with intent to use unlawfully in hunting, fishing, or trapping. The Tribal Judge shall have the power and jurisdiction in any prosecution for unlawfully hunting, fishing, or trapping, in addition to any other penalty provided by the law, to forfeit for the use of the Commission, any wild animal, wild bird, or fish, and any article so seized and proved to have been unlawfully used or held with intent unlawfully to use. In case it appears upon the sworn complaint of the officer making the seizure that any articles seized were not in the possession of any person, and that the owner thereof is unknown, the Court shall have power and jurisdiction to forfeit such articles so seized upon a hearing duly had after service of summons describing the articles seized, upon the unknown owner by publication in any newspaper of general circulation in Charles Mix County. The summons shall run two consecutive weeks and shall give the owner fifteen (15) days from the date of the last publication to appear before the Court and contest the forfeiture. All dogs, guns, traps, fishing tackle, nets, seines, decoys, baits, boats, lights, or other devices seized under the provisions of this Code unless forfeited by order of the Court, shall be returned, after the completion of the case, and the fines and damages, if any, have been paid.
In the event of the seizure and forfeiture of any articles as provided in Section 11-3-060, the Wildlife Conservation Commission may sell all or any of such articles at public or private auction. The time, place, and manner of holding such sale shall be within the discretion of the Chairman of the Commission: Provided that notice of the time and place of any such sale shall be published once a week for a least two (2) consecutive weeks in advance of such sale, in a newspaper of general circulation in Charles Mix County. The proceeds from all such sales shall be deposited by the Tribal Administrative Assistant, to the Wildlife Conservation Department Account.
The Court shall, upon complaint showing probable cause for believing that any wild bird, wild animal, game fish, or part thereof, caught, taken, killed, or had in possession, or under control by any person, or shipped or transported contrary to this Code or rule or regulation of the Wildlife Conservation Commission, is concealed or illegally kept in any game bag, game basket, game coat, or in any other receptacle for game animals, game birds, or game fish, or in any package, box, cold-storage locker or plant, market, tavern, boarding house, restaurant, building, or vehicle, or other place, issue a search warrant and cause a search to be made in any such place for any wild birds, wild animals, game fish, or any part thereof, and may cause any buildings, enclosure, or vehicle to be entered; any chest, box, locker, crate, basket, package, or other receptacle, to be opened, and the contents thereof examined.
All nets, seines, lanterns, snares, devices, contrivances, and materials while in use, or had and maintained for the purpose of catching, taking, or killing, or attracting, or decoying any wild bird, wild animal, or game fish, contrary to law or rule or regulation of the Wildlife Conservation Commission, are public nuisances. All Tribal Conservation Officers, Agency Law Enforcement Officers, and other specifically authorized law enforcement officers shall, without warrant or process, take, seize, abate, or destroy them while being used, had, or maintained for such purpose.
The Wildlife Conservation Commission may authorize the Department to secure by purchase, gift, or exchange with the proper authorities of other countries, federal agencies, states, or reservations, wild birds, their nests and eggs, wild animals, and game fish, fry or spawn, for stocking or propagating purposes and may sell or otherwise dispose of birds, animals, fish, fry or spawn, so obtained. No Tribal Conservation Officer, Agency Law Enforcement Officer, or other specifically authorized law enforcement officer shall sell or give away any game bird, game animal, or fish, eggs, fry or spawn, to any person without the written consent of the Commission, or its designee.
Sec. 11-4-010 Methods Prohibited, Exceptions It is a violation of this Code except as may otherwise be provided herein or by rules and regulations adopted by the Wildlife Conservation Commission, for any person to take any of the game animals, birds, or fur-bearing animals of this Reservation and provided further it is a violation of this Code for any person to:
A. Hunt from motorized vehicles. Take any game from any motorized vehicle or any conveyance attached thereto, or discharge any firearm at any wild animal while on a public highway or in a field of unharvested grain. Exception - 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 a special permit from the Department, may shoot from a standing vehicle, off public highways, in the course of hunting game animals and game birds.
B. Molest with motorized vehicles. Use any motor vehicle to molest, chase, harass, disperse, rally or otherwise disturb wildlife by means other than by legal hunting methods and in the ordinary course of hunting. C. Communicate from aircraft. Make use of aircraft in any manner to spot or locate game animals, game birds, fur-bearing animals, or predators of this Reservation from the air and communicate the location or approximate location by any signals whatsoever, whether radio, visual or otherwise, to any person then on the ground.
D. Hunt from aircraft. Hunt from any form of aircraft, whether fixed-wing, rotary-wing, or otherwise, within the exterior boundaries of the Yankton Sioux Indian Reservation.
E. Hunt on same day aircraft operated. Hunt big game, fur-bearing animals, or waterfowl on the same day that one has flown any form of aircraft over or through the Yankton Sioux Indian Reservation.
F. Artificial light. Hunt any animal or bird, except raccoon, by the aid of a spotlight, flashlight, or artificial light of any kind. The act of casting or throwing, after sunset, the bean or rays of any spotlight, headlight or other artificial light capable of utilizing six (6) volts or more of electrical power upon any field, forest or other place by any person while having in his possession or under his control any uncased firearm or contrivance capable of killing any animal or bird, shall be prima facie evidence of hunting with an artificial light. Provided, nothing in this subsection shall apply where the headlights of a motor vehicle, operated and proceeding in a normal manner on any highway or roadway, cast a light upon animals or birds on or adjacent to such highway or roadway and there is no intent or attempt to locate such animals or birds. Provided further, nothing in this subsection shall prevent the hunting or predatory wildlife with the aid of artificial light when such hunting is for the purpose of protecting property or livestock, and is done by landowners or persons authorized in writing by them to do so and is done on property they own, lease or control; and, provided further that the hunting and taking of unprotected or predatory wildlife with the aid of artificial light on trust lands is authorized only after obtaining a permit to do so from the Director or his designee. The Director may, for good cause, refuse to issue such permit. Other provisions of this subsection notwithstanding, the Commission may establish regulations allowing the hunting of raccoon with the aid of an artificial light.
G. Regulation of dogs.
H. Use of radios. It shall be unlawful to use citizen band radios, or other two-way radios, from either base stations or motor vehicles, to assist any person in the harvest of any form of wildlife on the Reservation.
A. Game, song, insectivorous, rodent killing, and innocent birds protected.
B. Migratory birds.
C. Falconry. The Commission is authorized to establish a falconry program and to promulgate rules and regulations governing the same.
It is a violation of this Code to trap or take by any method or means and at any time or in any amount or to have in possession any wild fur-bearing animal or pelts thereof except as permitted by provisions of this Code and rules and regulations adopted by the Wildlife Conservation Commission. A. Trapping - Fur-bearing animals. It is an unlawful misdemeanor to:
B. Seizure and sale of unclaimed traps. Traps or other trapping equipment unlawfully set shall be seized by any officer authorized to enforce this Code and rules and regulations adopted by the Commission and may be sold and the moneys of such sale shall be deposited by the Administrative Assistance in the Wildlife Conservation Department Account.
The Wildlife Conservation Commission may provide for, and regulate the issuance of a special tag to be attached to the hide of any bobcat or any lynx hides taken on the Reservation, as provided by regulation of the U.S. Fish and Wildlife Service. The Commission may set the price to be charged for such tags, at a cost not to exceed Five Dollars ($5.00) per tag. No export tag shall be issued for any bobcat or lynx hide not taken on the Reservation.
Except as authorized by permit or license lawfully issued by the Director, or by rule or regulation of the Commission, it shall be unlawful for any person to have in his possession for sale or with intent to sell, or to expose or offer for sale, or to sell, or to barter for, or to exchange, or to buy, or to have in his possession with intent to ship, or to ship, any game animal, game bird, fur-bearing animal, or game fish or any part thereof. It shall further be unlawful for any common or contract carrier knowingly to transport or receive for shipment any such game animal, game bird, fur-bearing animal, or game fish or any part thereof. Provided, that nothing contained in this section shall prohibit any person from buying, selling, or shipping the following: A. Mounted specimens of wildlife legally taken, however, not mounted specimens of migratory birds shall be sold. B. Horns, antlers, or heads of legally taken game animals, when detached from the carcass, however, such horns or head shall only be legal when accompanied by statement showing that the animals were lawfully killed. C. Hides or pelts of legally taken wildlife, however, no bobcat or lynx pelts may be sold or transported off the Reservation without first being inspected by Department personnel and having a bobcat and lynx export tag attached as provided in 1-4-040. D. The sale and purchase of court confiscated, abandoned, or unclaimed wildlife shall be lawful when made in accordance with approved Department procedure, as established by the Commission. E. The sale of commercially raised wildlife by properly licensed commercial facilities shall be lawful.
Any person who commits any of the following acts shall be in violation of this Code:
A. Destruction or defacing any sign posted by authority of the Department, Commission, or Tribe.
B. Destruction of any fence, taking down and leaving any fence, or leaving open any gate.
C. Damage to any real or personal property through the use of any motorized vehicle while engaging in any hunting, fishing or trapping activities.
D. Negligently or willfully causing any fire which destroys any real or personal property or wildlife habitat.
E. Negligently or willfully causing pollution of any waters of the Reservation with any chemical, pesticide, or waste material.
F. Any act of littering while engaging in the act of hunting, fishing or trapping.
G. Intentionally interfering with any person properly licensed by the Commission engaging in or attempting to engage in any lawful hunting, fishing or trapping activities authorized under this Code or rules and regulations of the Commission.
Sec. 11-5-010 Fishing Prohibited Except by Commission Regulation No person shall at any time catch or attempt to catch, take kill, or have in possession or under control from any purpose, in any amount, any fish, except as provided by the Wildlife Conservation Code and rules and regulations promulgated by the Wildlife Conservation Commission.
Except as provided by this Code and rules and regulations promulgated by the Commission, only hook and line shall be used in the taking of any fish in any waters which have been opened to fishing by the Commission.
A. It is a violation of this Code for any person to place, keep, or maintain in any of the waters of this Reservation any trammel or gill net, seine or other similar device for capturing fish, or for any person to take in any of the waters of this Reservation for any purpose whatever, any fish at any time by the erection of any weir, dam or artificial obstruction or by the use of any trammel or gill net, trap or similar device, or to place, keep, or maintain the same in any of the waters of this Reservation. B. Exceptions. This section shall not apply to:
The following are subject to forfeiture pursuant to Sections 11-3-60, 11-3-70, and 11-3-90, and no property right shall exist in them. A. Any trammel or gill net, seine, or similar device used by any person to illegally capture fish in any waters of the Reservation. B. Any conveyance, including aircraft, vehicle or vessel, used to transport, possess or conceal any trammel or gill net, seine or similar device used by any person to illegally capture fish in any waters of this Reservation.
Spears, spear guns, bows and arrows, snaghooks, setlines, hoop nets, traps, artificial lights, and other devices, except hook and line, may not be used for fishing except as expressly provided by Commission rules and regulations. Landing nets, gaffs, and similar devices may be used as an aid in landing fish which are in the process of being caught by legal methods.
It shall be a violation of this Code to deposit, throw, place, allow or cause to pass into any of the waters of this state, any deleterious drugs, toxicants, chemicals, poisonous substances, explosives, electrical current, or any material which may tend to destroy, kill, disable, or drive away fish.
A. In any waters of this Reservation where it is deemed the population of any species of fish is of such density as to be detrimental to the overall fishery resource, the Commission may authorize the reduction or removal of such fish. The fish so taken shall be disposed of, with or without royalty, and in such manner as the Commission shall determine. B. The Commission may authorize the Director to rehabilitate any fishery in any such waters of the Reservation through proper investigation, and methods deemed by the Director to be desirable.
No person may use carp, goldfish, and game fish (except cleanings thereof) in hook and line fishing.
A. It shall be unlawful for any person to interfere with, tamper with, damage, destroy, or remove fish or other contents from any gill net, trammel net, trap net, live net, or any other container in use by the Department, or other persons authorized by the Commission to investigate, sample, collect, salvage, or study fish and other aquatic life in any waters of the Reservation. B. It shall be unlawful for any person to interfere with any Department employee in the performance of his official duties or any other person authorized by the Commission while conducting any field work, research, salvage, sampling, or collection of fish or other aquatic organisms in any waters of the Reservation.
It shall be a violation of this code for any person to possess, transport or ship in any manner, or accept for transportation or shipment any wildlife except as hereinafter provided. A. Possession and transportation.
B. Unlawful possession. It is a violation of this Code for any person to have in his possession any wildlife or parts thereof protected by the provisions of this Code and Commission rules and regulations, and the taking or killing of which is unlawful.
It shall be unlawful for any person to have in his possession or under his control any game animal, game bird, fur-bearing animal, game fish, or any part thereof during the closed season or in excess of the bag limit. Such possession of any game animal, game bird, fur-bearing animal, game fish, or any part thereof during the closed season or in excess of the bag limit, shall be prima facie evidence of a violation of this Code. Provided, that any person who has lawfully acquired possession of any game animal, game bird, fur-bearing animal, or game fish, or part thereof, and who desires to retain it for human consumption or ornamental purposes, or desires to sell the skin, hide, horns, head or plumage thereof, after the close of the season, may do so in accordance with rules and regulations of the Commission.
Sec. 11-7-010 Hunting, Fishing, Trapping, or Carrying Uncased Firearm, License Requirement, Exceptions It is a violation of this Code for any person to hunt, fish, trap, or take any wild animal, wild bird, or fish of this Reservation or have in his possession any uncased firearm while in the fields or forests of the Reservation, without first having procured a valid license and permits and as hereinafter provided. Provided that no license, permits or tags shall be required: A. For residents of this Reservation to carry uncased firearms on property owned by them for the purpose of taking predatory animals. B. For children under the age of sixteen (16) to fish during the open season therefor. Such children shall be authorized to catch and to posses his own bag limit of fish. C. For children under the age of twelve (12) to hunt, take, or kill unprotected birds and animals by means other than with firearms. D. For children under the age of fourteen (14) to trap muskrats on property which they live during the open season, pursuant to the provisions of this Code and rules and regulations of the Commission. E. Nothing contained herein shall be construed to prohibit citizens of the United States who are residents of the Reservation from carrying arms for the protection of life and property.
The licenses mentioned in this section shall entitle the person to whom issued to take such wildlife as may be authorized by said license, subject to the limitations set forth under this Code and Commission rules and regulations promulgated pursuant thereto.
A. All Game and Fish Licenses and permits shall expire December 31 of the year for which they are issued, except that Fur-bearer Permits shall expire on January 15 next following the date of issuance. All permits, stamps and tags issued pursuant to provisions of this section shall be valid only during the time the corresponding Game and Fish License is valid. B. All Occupational Licenses are annual licenses and shall expire on December 31 of the year for which they are issued, except that the Scientific Collector's License shall be valid until revoked by the Director. All Occupational Licenses issued pursuant to provisions of this section shall be valid only during the time the corresponding Game and Fish License is valid.
Licenses, stamps, and permits to be issued under this section are classified as follows: A. Member Game and Fish License. Each Member Game and Fish License shall be issued without cost. B. Resident Nonmember Game and Fish License. Each Resident Nonmember Game and Fish License shall be issued at a cost of Five Dollars ($5.00). C. Nonresident Nonmember Game and Fish Licenses. Each Nonresident Nonmember Game and Fish License shall be issued at a cost of Twenty Dollars ($20.00). D. Member permits. Each of the following Member Permits shall be issued without cost:
E. Nonmember permits. Each of the following Nonmember Permits shall be issued at a cost of Thirty-Five Dollars ($35.00).
F. Occupational Licenses. Each of the following Occupational Licenses shall be issued at a cost of Fifty Dollars ($50.00), except the Scientific Collector's License shall be issued at no cost:
Except as otherwise provided in Sections 11-7-090, 11-8-010, 11-11-020, and 11-9-010, persons who are twelve (12) years of age and older shall be issued a Game and Fish License and corresponding permits as follows: A. Member Game and Fish License. Members of the Yankton Sioux Tribe and their Indian spouses shall be issued a Member Game and Fish License. B. Member Permits. Members of the Yankton Sioux Tribe and their Indian spouses shall be issued Member Permits, Stamps, and Tags as provided for in Section 11-7-040(D). The Commission may distinguish between resident and nonresident tribal members in the issuance of available permits based upon game and fish populations and desired management objectives. C. Reciprocity Between Tribes. The Commission is authorized to develop rules and regulations which provide for issuance of Member Game and Fish Licenses and Member Permits to members of other tribes which provide for similar privileges for Yankton Sioux tribal members on their reservations. Provided, that the Commission may only authorize such reciprocity with other tribes for permits which are issued in unrestricted numbers to Yankton Sioux tribal members. D. Resident Nonmember Game and Fish License. Except as provided in Section 11-7-050(C), non-members of the Yankton Sioux Tribe, except non-member Indian spouses of members, who are residents of the Reservation of Charles Mix County, South Dakota, shall be issued a Resident Nonmember Game and Fish License. E. Nonresident Nonmember Game and Fish License. Except as provided in Section 11-7-050(C), and non-member Indian spouses of members, persons who are non-residents of the Reservation and Charles Mix County, South Dakota, and are non-members of the Yankton Sioux Tribe, shall be issued a Nonresident Nonmember Game and Fish License. F. Nonmember Permits. Except as provided in Section 11-7-050(C) and for nonmember Indian spouses of members, nonmembers of the Yankton Sioux Tribe shall be issued Nonmember Permits, Stamps, and Tags, as provided for in Section 11-7-040(E).
All tribal members making application for a Member License or permit shall produce his Yankton Sioux Tribal enrollment card or other proof of enrollment. Any person making application for any resident license or permit shall produce his South Dakota driver's license, or in the case of non-drivers, other suitable proof or residency, and shall make and sign a written application stating the license applied for, the name of the applicant, the age of the applicant, his current address, and such other information as may be required by the Commission. Any person making application for a duplicate license or tag shall make and sign a written application stating the type of license, permit, or tag originally purchased an such other information as may be required by the Commission.
No person shall at any time procure or possess a license permit, stamp or tag under an assumed name or in which an address other than his regular place of residence is given, or make any false statement whatsoever in securing a license, lend a license, permit or tag to another, or knowingly issue or aid in securing a license for himself or any other person not legally entitled to it.
Licenses, permits, stamps and tags issued under this Code shall not be transferable. Any person hunting, fishing, or trapping, upon the demand of the Director, and Tribal Conservation Officer, Agency Enforcement Officer, or other specifically authorized enforcement officer, shall exhibit his license, permits, stamps and tags to such officer, and write his name upon request for the purpose of comparison with the signature on the license, and his failure or refusal to exhibit his license, permits, stamps, and tags and write his name on demand shall be prima facie evidence that such person has no license or is not the person named in the license in his possession.
A. Upon conviction of any person of a violation of any provision of this Code or rule or regulation of the Commission, the judge may, in addition to the penalty imposed by law, establish a probationary period or forfeit the license of such person. Such probationary period or revocation of hunting and/or fishing privileges may be for a period up to five (5) years. The Court shall forfeit any person's license upon conviction of any provisions enumerated in Section 11-11-020(B) of this Code. The Commission may by rule and regulation prohibit the issuance of a license to any person convicted of violating any provisions enumerated in Section 11-11-020(B), convicted two or more times of any violation of the Code or Commission rules and regulations, or prescribe the conditions under which such license may be issued., B. The Court, upon adjudging any person civilly liable for violation of this Code or failure of any person to pay damages or satisfy such judgment or order of the Court, shall forfeit such person's licenses, permits, and tags, and no licenses, permits or tags shall be issued to such person until damages are paid or judgment or order of the Court satisfied. C. No person who has had a license or permit revoked pursuant to this section or any other provision of this Code or Commission rules and regulations shall engage in the activity for which the license or permit is requires:
A. The Commission is hereby authorized to prescribe the number and kind of wildlife that may be taken under authority of the several types of tags and permits provided for in this Code, and the manner in which said tags and permits shall be used and validated. B. The Commission is hereby authorized to establish a limit annually as to the number of each kind and type of licenses, tags, or permits to be sold or issued and is further authorized to limit the number or prohibit entirely, the participation of nonmembers from hunting on the Reservation.
All members of the Yankton Sioux Tribe and their nonmember Indian spouses shall be required to possess a valid Member Fish and Game License to hunt, fish or trap on the Reservation. This license authorizes the licensee only to do the following:
A. Carry an uncased firearm in the forests and fields of the Reservation. B. Take or attempt to take unprotected nongame wildlife on the Reservation.
C. Take or attempt to take nongame fish on the Reservation.
D. Engage in occupational activities which include:
Except as otherwise provided, all nonmembers of the Yankton Sioux Tribe must possess a Nonmember Game and Fish License to hunt, fish or trap on the Reservation. Nonmembers who are residents of the Reservation or Charles Mix County, South Dakota, shall be allowed to purchase a Nonmember Resident Game and Fish License. For purposes of this Code, residency may be established by residing continuously on the Reservation or in Charles Mix County, South Dakota, for a period of at least thirty (30) days. Nonmember Resident and Nonresident Game and Fish Licenses authorize the licensee only to do the following: A. Carry an uncased firearm in the forests and fields of the Reservations. B. Take or attempt to take unprotected nongame wildlife on the Reservation. C. Take or attempt to take nongame fish on the Reservation. D. Engage in occupational activities which include:
Persons who are members of the Yankton Sioux Tribe and their Indian Spouses shall be required to obtain a Member Upland Game Permit to take or attempt to take any upland game species.
Persons who are members of the Yankton Sioux Tribe and their Nonmember Indian spouses shall be required to obtain a Member Big Game Permit to take or attempt to take any big game species. Separate permits are required for Rifle Deer and any special Archery Deer, Muzzleloader Deer, and |