[HISTORY: Adopted by the Legislature of the
Menominee Indian Tribe as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-3-1985 by Ord. No. 85-14]
This article shall be titled "Trespass — Tribal/Private
Property."
The Legislature has determined that the orderly
conduct of tribal affairs and business and personal privacy requires
regulation of tribal premises and grounds and private property.
The jurisdiction of this article shall extend
to all lands, waters, and persons within the exterior boundaries of
the Menominee Indian Reservation.
As used in this article, the following terms
shall have the meanings indicated:
Anyone who has reached the age of seven years of age.
All real property and improvements thereon held in fee by
an individual(s), a corporation, an educational institution, a religious
organization, or any other type group/venture.
The unauthorized entering into or upon tribal premises or
private property by any one person which has the result of interfering
with the conduct of Tribal affairs/business, other business, or personal
privacy. The act of unauthorized entry into or upon tribal premises
or private property shall be sufficient evidence on its face to establish
a violation of this article.
Those areas, lands and buildings where tribal affairs and
businesses are conducted, including but not limited to the Tribal
Office Building, Tribal Clinic, Tribal Court and Jail Facility, group
home, Logging Museum, walk bridge to museum, leased lots, Keshena
and Neopit Head Start, Keshena and Neopit Senior Citizens Centers,
tribal bingo, Tribal Business Divisions (formerly Forestedge), MTE
Office Building, the mill yard, the log concentration yard, forest
land, and trust land.
It shall be a violation of this article for
any one person to trespass on tribal premises or private property,
and, upon conviction, the following penalties shall be imposed:
[Adopted 7-8-1993 by Ord. No. 93-9]
The Menominee Tribal Legislature finds and declares
that:
A.
The Treaty of Wolf River, May 12, 1854, 10 Stat. 1064,
reserved for the Tribe the exclusive use of the resources of the Menominee
Reservation;
B.
Almost all of the land within the exterior boundaries
of the Reservation is tribal trust land within the exclusive control
of the Tribe;
C.
The Menominee Constitution, Article IX, Section 1,
prohibits nonmember hunting, fishing and trapping on the Reservation
except in accordance with an ordinance which has been approved by
a referendum of tribal members, and Article XI, Section 2 prohibits
nonmembers from using tribal land for any purpose, with limited exceptions
not relevant to this article;
D.
The Tribe has been the resource manager within the
Reservation since its establishment, and the State of Wisconsin has
not historically and does not now exercise any significant resource
management function on the Reservation;
E.
The Tribe wishes to preserve the fish and game resources
of the Reservation for the use and enjoyment of present and future
generations of tribal members and those nonmembers with whom the Tribe
chooses to share these resources;
F.
Encroachments and poaching on the Reservation by nonmembers
who have no right or privilege to hunt, fish or trap on the Reservation
has become a serious problem, and existing tribal and federal laws
have proven to be inadequate to deal with the problem; and
G.
The enactment of this article is necessary to protect
the welfare of the Tribe and its resources as well as its political
and territorial integrity.
The Tribal Legislature enacts this article under
the authority of the Menominee Constitution, Article III, Section
1, and in furtherance and implementation of Article IX, Section 1,
and Article XI, Section 2, in order to prohibit entry on tribal trust
land on the Reservation by nonmembers in possession of hunting, fishing,
or trapping equipment who have no right or privilege to hunt, fish
or trap within the Reservation. The remedial measures of this article
are designed and intended to encourage compliance with tribal law
and to protect the security, welfare and resources of the Reservation.
As used in this article, the following terms
shall have the meanings indicated:
Includes the taking, capturing, killing or fishing for fish
of any variety in any manner.
Any equipment, gear or device commonly used for or in connection
with fishing.
Includes shooting, shooting at, pursuing, taking, catching,
or killing any wild animal in any manner.
Any equipment, gear or device commonly used for or in connection
with hunting, and shall include any firearm of any type.
Any person who is not a tribal member.
The entire area within the boundaries established for the
Menominee Reservation in the Treaty of Wolf River, May 12, 1854, 10
Stat. 1064, as modified by the Treaty of Keshena, February 11, 1856,
11 Stat. 679, together with Wolf River Ranch and any other lands which
now or in the future may be held in trust for the use and benefit
of the Tribe by the United States.
Includes the taking, or attempting to take, of any wild animals
by means of setting or operating any device, mechanism or contraption
that is designed, built or made to close upon, hold fast, or otherwise
capture a wild animal.
Any equipment, gear or device commonly used for or in connection
with trapping.
A person who is a member of the Tribe as provided in Article II of the Menominee Constitution.
Any land the title to which is held by the United States
for the use and benefit of the Tribe.
The Menominee Tribe of Wisconsin.
Any mammal, bird, fish or other creature of a wild nature
endowed with sensation and the power of voluntary motion.
Entry upon tribal trust land within the Reservation by any nonmember in possession of any hunting, fishing or trapping equipment, except as provided in § 523-10 of this article, is hereby declared to be entry without the consent of the Tribe. Such entry is trespass and is strictly prohibited.
A.
The following shall not constitute trespass prohibited by § 523-9 of this article:
(1)
Travel by vehicle upon State Highway 47 or 55, or
County Highway VV, M, AA, or B, for the purpose of passing through
the Reservation;
(2)
Entry by a nonmember holder of a tribal license or
permit, provided that the person's activity is authorized by and conducted
in conformity with a tribal ordinance adopted pursuant to Article
IX, Section 1 of the Menominee Constitution or any rules adopted under
the authority of such an ordinance;
(3)
Entry by a nonmember who enjoys or is the beneficiary
of any property right or entitlement to fish upon the Reservation
granted during the termination period, provided that such entry is
for the purpose of exercising and within the scope of such right or
entitlement; or
(4)
Entry for the purpose of conducting any scientific
or resource management study or experiment, provided that the study
or experiment is conducted with the prior approval of the Tribal Conservation
Department.
B.
For a
period of one year from the effective date of this article, the provisions
of this article shall not apply to fishing on Legend Lake by any person.
A.
It shall be conclusively presumed that hunting, fishing
or trapping equipment within or attached to any motor vehicle, boat,
snowmobile or other means of conveyance is in the possession of each
and every occupant or rider.
B.
If a person is found in possession of any hunting,
fishing or trapping equipment in or upon any navigable waters of the
Reservation, it shall be rebuttably presumed that such person entered
upon tribal trust land within the Reservation in possession of such
equipment.
B.
Any person found to have breached this article shall
be held liable for a civil remedial money penalty as follows:
(1)
For the first breach, in an amount of not less than
$100 nor more than $500.
(2)
For a second breach within a three-year period, in
an amount not less than $250 nor more than $1,000.
(3)
For any breach thereafter within a three-year period,
in an amount not less than $1,000 nor more than $5,000.
C.
Any hunting, fishing or trapping equipment possessed
in violation of this article shall be subject to civil remedial forfeiture.
D.
For a second or subsequent breach within a three-year
period, any property used in the commission of the breach, including
without limitation motor vehicles, boats, snowmobiles, or other means
of conveyance, shall be subject to civil remedial forfeiture.
E.
In addition to the remedies set forth in Subsections A through D, the Tribal Court may revoke or suspend for a period of up to three years any or all privileges, permits or licenses pertaining to the use of the natural resources of the Reservation which may have been granted to the violator by the Tribe.
