Legal and Court

340.1    Title.  

This ordinance shall be known as “The Bad River Band Sloughs Protection Ordinance”

340.2    Authority.

This ordinance is enacted pursuant to Article VI, Section 1(t) of the Bad River Tribal Constitution.

340.3    Effective Date.

This ordinance shall be effective as of the date on which it is adopted by the Bad River Tribal Council, and shall remain in effect unless and until superseded by future ordinance(s).

340.4    Definitions:

  1. (a)        “Bad River NRD” means the Natural Resources Department of the Bad River Band of

the Lake Superior Tribe of Chippewa Indians.

  1. (b)        “Boat” or “vessel” means every description of watercraft used or capable of being used

as a means of transportation on water, including but not limited to motorboats, canoes, jet-skis, seaplanes, and fishing rafts.

  1. (c)        “Fishing” means any activity the purpose or effect of which is to capture, kill or take fish.

The term “fishing” includes but is not limited to activities involving the use of a hook and line, net, or spear.

  1. (d)        “Growing Season” means the period between the time that submergent vegetation begins

to grow and the time in which it ceases to grow (generally May 15 through September 15, unless otherwise determined by the Bad River NRD).

  1. (e)        “Motorboat” means any boat or vessel equipped with propulsion machinery, whether or

not the machinery is the principal source of propulsion. The term specifically includes, but is not limited to, watercraft such as jet skis, seaplanes, and similar craft.

  1. (f)         “Person” means any natural or legal person, both members of the Bad River Band of

Lake Superior Chippewa Indians and non-members.

  1. (g)        “Reservation” means all areas within the exterior boundaries of the Bad River Indian

Reservation.

(h)        “Respondent” means any person accused of violating the prohibitions described below.

(i)         “Riparian Zone” means any area within the Kakagon Sloughs and Bad River wetland complex lying within the exterior boundaries of the Reservation.

(j)         “Sensitive Vegetation Area” means any area within any slough in which submergent, floating leaf, or emergent vegetation is growing, or in which such vegetation is expected to grow.

(k)        “Sloughs” means the Kakagon Sloughs, the Sand Cut Sloughs, Honest John Sloughs, the Bad River Sloughs, and any other sloughs located within the exterior boundaries of the reservation.

(1)        “Slow-No-Wake” means that speed at which a boat moves as slowly as possible while still maintaining steerage control.

(m)      “Slow-No-Wake Zone” means any area within the entire Kakagon Sloughs and Bad River wetland complex designated as such and identified by Slow-No-Wake buoys.

(n)        “Tribal Court” means the Bad River Tribal Court.

(o)        “Tribe” means the Bad River Band of the Lake Superior Tribe of Chippewa Indians.

(p)        “Warden” means any officer authorized to enforce the terms of this ordinance.

(q)        “Waters” means any waters within the exterior boundaries of the reservation, including but not limited to rivers, lakes, streams, creeks, ponds, sloughs and wetlands.

(r)         “Pesticide” means chemicals used for the control of any population of invasive, exotic, and/or nuisance species in concurrence with the National Pollution Discharge Elimination System (NPDES) Pesticides General Permit.

340.5    Applicability. This ordinance shall be applicable to all areas within the exterior boundaries of the reservation, and to all waters located within or traversing such areas. In addition, this ordinance shall be applicable to all waters in which the Tribe holds riparian rights.

340.6    Prohibitions and Requirements.

(a)        Motorboats. No person shall operate any motorboat within any sensitive vegetation area of any riparian zone during the growing season. Any boat located within any area of emergent aquatic vegetation shall have its motor lifted to its lock position. Inboard/outboard motors shall be lifted to their furthest lift position.

(b)        Slow-No-Wake Zone. No person shall operate any boat or vessel at a speed in excess of Slow-No-Wake within any area designated as a Slow-No-Wake Zone.

(c)        Courtesy. A Slow No-Wake requirement shall be in affect at all times for all watercraft passing any other watercraft.

(d)        Paddles Prohibited in Emergent Vegetation. Propulsion through any area of emergent aquatic vegetation shall be done with a push-pole.

(e)        Restriction on Bait. No person shall engage in any fishing activity unless the bait used in such activity is of a species indigenous to the Lake Superior basin.

(f)         Restriction on Pesticide use.  The use of pesticides in the sloughs will cease  minimum of 14 days prior to the anticipated opening of the Tribe’s wild rice harvest season.  Pesticide application will continue to be prohibited until the closing of the wild rice harvest season as determined by the Bad River Natural Resources Department and the Wild Rice Committee.

(g)        Restriction on Trespass.  No person shall remove wild rice from, or damage wild rice on, Reservation land, except when authorized by applicable federal or tribal regulations.  Trespass can include any damage to wild rice on Reservation land resulting from activities under contracts or permits or from fire.

340.65  Exemptions.  Improvement or maintenance when such operations are organized or sponsored by the Tribe and are specifically intended to preserve natural resources. Such permitted activities shall include, but not be limited to:

(a)        Removal of materials which may cause diverted flows and bank erosion, including  the  removal of trees, brush, and debris;

(b)        Bank stabilization projects which require minimal disturbance of existing conditions;

(c)        Wildlife and aquatic habitat improvement projects; and

            (d)        Removal of beaver dams.

340.7    Enforcement. Enforcement of the prohibitions set forth above shall be performed exclusively by wardens of the Bad River NRD and by the Bad River Police Department.

340.8    Jurisdiction. The Bad River Tribal Court shall have exclusive jurisdiction over any alleged violation of this ordinance.

340.9    Penalties.

(a)        The penalties for violations of any provision of this ordinance shall be as follows:

(1)       a civil forfeiture not to exceed $500.00;

(2)       performance of community service, as determined by the Tribal Court;

(2a)     treble damages, rehabilitation and restoration costs, enforcement costs, and interest as set forth in 25 C.F.R. § 163.29;

(3)       (1), (2a) and (2) above.

(b)        Any boat or other equipment used in violation of this chapter may be seized by the Conservation Department and by the Bad River Police Department and ordered forfeited.

(c)        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.

 Legislative History:    Chapter 327 The Bad River Sloughs Protection Ordinance was originally enacted in its entirety on February 4, 1998 by Tribal Council Resolution Number 2-4-98-114.  The ordinance was amended on November 9, 2005 by Tribal Council Resolution Number 11-09-05-189 as follows: The ordinance was renumbered to Chapter 340 and sections 327.7 and 327.9(b) (now 340.7 and 340.9(b) respectively) were amended to include the Bad River Police Department. The ordinance was amended at Section 340.4(r) - Definitions and Section 340.6(f) - Prohibitions and Requirements by Resolution #2-2-11-365

340.1    Title.  

This ordinance shall be known as “The Bad River Band Sloughs Protection Ordinance”

340.2    Authority.

This ordinance is enacted pursuant to Article VI, Section 1(t) of the Bad River Tribal Constitution.

340.3    Effective Date.

This ordinance shall be effective as of the date on which it is adopted by the Bad River Tribal Council, and shall remain in effect unless and until superseded by future ordinance(s).

340.4    Definitions:

  1. (a)        “Bad River NRD” means the Natural Resources Department of the Bad River Band of

the Lake Superior Tribe of Chippewa Indians.

  1. (b)        “Boat” or “vessel” means every description of watercraft used or capable of being used

as a means of transportation on water, including but not limited to motorboats, canoes, jet-skis, seaplanes, and fishing rafts.

  1. (c)        “Fishing” means any activity the purpose or effect of which is to capture, kill or take fish.

The term “fishing” includes but is not limited to activities involving the use of a hook and line, net, or spear.

  1. (d)        “Growing Season” means the period between the time that submergent vegetation begins

to grow and the time in which it ceases to grow (generally May 15 through September 15, unless otherwise determined by the Bad River NRD).

  1. (e)        “Motorboat” means any boat or vessel equipped with propulsion machinery, whether or

not the machinery is the principal source of propulsion. The term specifically includes, but is not limited to, watercraft such as jet skis, seaplanes, and similar craft.

  1. (f)         “Person” means any natural or legal person, both members of the Bad River Band of

Lake Superior Chippewa Indians and non-members.

  1. (g)        “Reservation” means all areas within the exterior boundaries of the Bad River Indian

Reservation.

(h)        “Respondent” means any person accused of violating the prohibitions described below.

(i)         “Riparian Zone” means any area within the Kakagon Sloughs and Bad River wetland complex lying within the exterior boundaries of the Reservation.

(j)         “Sensitive Vegetation Area” means any area within any slough in which submergent, floating leaf, or emergent vegetation is growing, or in which such vegetation is expected to grow.

(k)        “Sloughs” means the Kakagon Sloughs, the Sand Cut Sloughs, Honest John Sloughs, the Bad River Sloughs, and any other sloughs located within the exterior boundaries of the reservation.

(1)        “Slow-No-Wake” means that speed at which a boat moves as slowly as possible while still maintaining steerage control.

(m)      “Slow-No-Wake Zone” means any area within the entire Kakagon Sloughs and Bad River wetland complex designated as such and identified by Slow-No-Wake buoys.

(n)        “Tribal Court” means the Bad River Tribal Court.

(o)        “Tribe” means the Bad River Band of the Lake Superior Tribe of Chippewa Indians.

(p)        “Warden” means any officer authorized to enforce the terms of this ordinance.

(q)        “Waters” means any waters within the exterior boundaries of the reservation, including but not limited to rivers, lakes, streams, creeks, ponds, sloughs and wetlands.

(r)         “Pesticide” means chemicals used for the control of any population of invasive, exotic, and/or nuisance species in concurrence with the National Pollution Discharge Elimination System (NPDES) Pesticides General Permit.

340.5    Applicability. This ordinance shall be applicable to all areas within the exterior boundaries of the reservation, and to all waters located within or traversing such areas. In addition, this ordinance shall be applicable to all waters in which the Tribe holds riparian rights.

340.6    Prohibitions and Requirements.

(a)        Motorboats. No person shall operate any motorboat within any sensitive vegetation area of any riparian zone during the growing season. Any boat located within any area of emergent aquatic vegetation shall have its motor lifted to its lock position. Inboard/outboard motors shall be lifted to their furthest lift position.

(b)        Slow-No-Wake Zone. No person shall operate any boat or vessel at a speed in excess of Slow-No-Wake within any area designated as a Slow-No-Wake Zone.

(c)        Courtesy. A Slow No-Wake requirement shall be in affect at all times for all watercraft passing any other watercraft.

(d)        Paddles Prohibited in Emergent Vegetation. Propulsion through any area of emergent aquatic vegetation shall be done with a push-pole.

(e)        Restriction on Bait. No person shall engage in any fishing activity unless the bait used in such activity is of a species indigenous to the Lake Superior basin.

(f)         Restriction on Pesticide use.  The use of pesticides in the sloughs will cease  minimum of 14 days prior to the anticipated opening of the Tribe’s wild rice harvest season.  Pesticide application will continue to be prohibited until the closing of the wild rice harvest season as determined by the Bad River Natural Resources Department and the Wild Rice Committee.

(g)        Restriction on Trespass.  No person shall remove wild rice from, or damage wild rice on, Reservation land, except when authorized by applicable federal or tribal regulations.  Trespass can include any damage to wild rice on Reservation land resulting from activities under contracts or permits or from fire.

340.65  Exemptions.  Improvement or maintenance when such operations are organized or sponsored by the Tribe and are specifically intended to preserve natural resources. Such permitted activities shall include, but not be limited to:

(a)        Removal of materials which may cause diverted flows and bank erosion, including  the  removal of trees, brush, and debris;

(b)        Bank stabilization projects which require minimal disturbance of existing conditions;

(c)        Wildlife and aquatic habitat improvement projects; and

            (d)        Removal of beaver dams.

340.7    Enforcement. Enforcement of the prohibitions set forth above shall be performed exclusively by wardens of the Bad River NRD and by the Bad River Police Department.

340.8    Jurisdiction. The Bad River Tribal Court shall have exclusive jurisdiction over any alleged violation of this ordinance.

340.9    Penalties.

(a)        The penalties for violations of any provision of this ordinance shall be as follows:

(1)       a civil forfeiture not to exceed $500.00;

(2)       performance of community service, as determined by the Tribal Court;

(2a)     treble damages, rehabilitation and restoration costs, enforcement costs, and interest as set forth in 25 C.F.R. § 163.29;

(3)       (1), (2a) and (2) above.

(b)        Any boat or other equipment used in violation of this chapter may be seized by the Conservation Department and by the Bad River Police Department and ordered forfeited.

(c)        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.

 Legislative History:    Chapter 327 The Bad River Sloughs Protection Ordinance was originally enacted in its entirety on February 4, 1998 by Tribal Council Resolution Number 2-4-98-114.  The ordinance was amended on November 9, 2005 by Tribal Council Resolution Number 11-09-05-189 as follows: The ordinance was renumbered to Chapter 340 and sections 327.7 and 327.9(b) (now 340.7 and 340.9(b) respectively) were amended to include the Bad River Police Department. The ordinance was amended at Section 340.4(r) - Definitions and Section 340.6(f) - Prohibitions and Requirements by Resolution #2-2-11-365

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Legal Receptionist
Aurora Conley
Phone: 715-682-7107
Fax: 715-685-2600
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