50.08.020 Conservation Law Enforcement Officer (Cleo) Authorities and Responsibilities

The TMBCI Tribe hereby creates a law enforcement position of Conservation Law Enforcement Officer. The Division of Conservation Law Enforcement, Conservation Law Enforcement Officer(s) (CLEO's) shall have responsibilities and duties as follows:

(a) To Enforce Title 35 and any other laws or rules relating to wildlife or its successor.

(b) To make arrests upon view and without warrant for any violation, committed in that person's presence, of Title 35 and any other laws or rules of the TMBCI Tribe relating to wildlife or natural resources.

(c) To regulate dealers in green furs, propagation or possession of live protected wildlife, taxidermists, shooting preserves, guides and outfitters, commercial fishing operations, private fish hatcheries, and commercial bait vendors. In the regulation of these licensed activities, the premises used to conduct the business and records required by law must be open for inspection at reasonable hours by game and fish law enforcement officers.

(d) To enforce laws and Department of Natural Resources (DNR) campground and park rules and regulations on any TMBCI game refuge, game management area, park and recreation area, or other land or water within the territory and jurisdiction of the TMBCI Tribe.

(e) To enforce, and investigate complaints and/or violations concerning illegal dumping of junk, garbage, refuse, construction debris, hazardous waste, tires, waste other than vegetative debris, or littering under Title 40, on any Tribal game refuge, game management area, park and recreation area, waterway(s) or land(s) within the territory and jurisdiction of the TMBCI Tribe.

(f) To respond to and/or investigate reports of livestock theft, theft of property, or illegal trespass on any game refuge, game management area, park and recreation area, or other lands or waters within the territory and jurisdiction of the TMBCI Tribe.

(g) To respond to and assist law enforcement in finding and rescuing missing, lost, stranded and/or injured hunters, hikers, recreational off-road vehicle operators, fishermen, boaters, etc. on lands within the territory and jurisdiction of the TMBCI Tribe.

(h) Shall be required, within their level of training and certification, to render emergency life-saving aid to injured hunters, off-roaders, campers, boaters, hikers, snowmobilers, etc. until the arrival of advanced medical care.

(i) To investigate complaints involving nuisance, dangerous or rabid wildlife (as defined in 35.0103 (41)), consults with wildlife biologists and other local officials, and instructs the public in techniques and methods for controlling nuisance wildlife.

(j) To promote public safety and public awareness on the jurisdiction of Title 35, to include but not limited to; hunter safety, gun safety, ATV safety, and snowmobile safety training programs for Tribal members and the general public.

(k) Shall be authorized to seize equipment and other evidence used in the commission of law violations, to include but not limited to, game and fish, and poaching violations under Title 35.

(l) Shall be authorized to inspect watercraft, as set forth in Title 35 or other laws of the TMBCI Tribe, for Zebra-Mussel and other exotic species harmful to lakes and waterways within the territory and jurisdiction of the TMBCI Tribe.

(m) To enforce Title 38 and regulations governing the operation and use of snowmobiles, all-terrain vehicles, utility-terrain vehicles (UTV's), off road vehicles, and watercraft; to inspect vehicles for any required Tribal licenses, registration or safety equipment.

(n) To assist DNR staff in providing for public safety at designated DNR Park and recreation areas, campgrounds, swimming areas, and picnic grounds.

(o) Shall be authorized to enter upon any lands or waters within the territory and jurisdiction of the Turtle Mountain Band of Chippewa Indians (TMBCI) Tribe - by vehicle, boat, snowmobile, ATV or UTV, and/or on foot to observe persons engaged in the taking of fish or game or engaged in other recreational, work, or leisure time pursuits; to ensure methods, conduct, and equipment are lawful; and to apprehend violators.

(p) Respond to requests from other law enforcement agencies or officers for aid and assistance.

(1) For the purposes of this subsection, a request from a law enforcement agency or officer means only a request for assistance as to a particular and singular violation or suspicion of violation of law, and does not constitute a continuous request for assistance outside the purview of enforcement of the provisions of Title 35.

(2) The powers and duties conferred are supplemental to other powers and duties conferred upon the Director, Deputy Director, Chief or Supervisory Conservation Law Enforcement Officers CLEO's), or District CLEO's.

(q) To investigate criminal acts and civil infractions within the Territory and Jurisdiction of the Turtle Mountain Band of Chippewa and lands subsequent lands acquired.

(r) To testify before the Courts of the Tribe and other court systems, as necessary.

(s) He or she shall be subject to all the requirements set forth in this title and the provisions of 25 U.S.C. §§ 2801 et. seq.

(t) The Conservation Warden shall be commissioned Law Enforcement as Tribal Officer as set forth in this title and shall enjoy all the privileges and immunities of a commissioned officer.

(u) To inspect game and fish limits as enumerated in Title 35.

(v) To assist, during times of elevated wildland fire danger, with the enforcement of fire regulations as enumerated under the Laws of the Turtle Mountain Band of Chippewa Indians and with prevention of wildfires by hunters, campers, and those recreating, working or enjoying leisure time in Tribal DNR park and recreation areas, or upon any lands within the territory and jurisdiction of the TMBCI Tribe.