13.01.070 Enforcement

(a) Authority

(1) The Saint Regis Mohawk Tribal Court has the jurisdiction over matters arising under this chapter.

(2) In the sole discretion of a Compliance Inspector; any individual found to be violating this chapter may be offered the opportunity to comply by completing an application for a Fishing Permit and remitting the appropriate application fee. In his/her discretion, the Compliance Inspector may issue a fine pursuant to Section 13.01.070(d) herein and collect the fine. If such a fine is issued and collected, a record of it will be submitted to Tribal Court for record-keeping.

(3) If the alleged violator complies and completes an application and submits the appropriate fee and any assessed fine, any species of fish that may be in the possession of the alleged violator when discovered may be seized by the Compliance Inspector and disposed of pursuant to the Compliance Department's established policy.

(4) If a Compliance Inspector reasonably believes an individual is in violation of this chapter or the individual refuses to comply with the Compliance Inspector request he/she shall issue a Notice of Violation with a date certain to appear before Tribal Court. The procedure for Tribal Court is outlined in Section 13.01.070(c) herein.

(5) A Compliance Inspector has the authority and may seize any article or vessel if he or she believes this chapter has been violated. Any article seized or ordered forfeited pursuant to this chapter shall be held in accordance with SRMT policy and will be remitted to the owner upon a Tribal Court order.

(b) Violations

(1) Any Non-Member who does not possess a valid SRMT Non-Member Fishing Permit is in violation of this chapter.

(2) Any Non-Member determined to be in possession of a species of fish that is not in season (Appendix A) shall be in violation of this chapter.

(3) Any Non-Member found to be in possession of more fish than permitted in the daily limits (Appendix A) shall be in violation of this chapter.

(4) Should a Fishing Permit holder be found have previously violated this chapter or any other Tribal Law on a recurring basis a Compliance Inspector may seize the Permit immediately, complete a report substantiating the basis for taking the Permit, and may issue a summons to appear in Tribal Court.

(1) For every Notice of Violation (Ticket) that a Compliance Inspector issues pursuant to Section 13.01.070(a)(4), shall be made returnable to Tribal Court the first Tuesday of the following month at 1:00 pm.

(2) Upon the return date, the Compliance Inspector shall present to Tribal Court the reasons for issuing a Ticket. The Compliance Inspector may present his/her observations, list of items seized, and any other relevant evidence that the Court deems just and proper. The alleged violator may then rebut the evidence presented.

(3) Upon the preponderance of evidence, the Tribal Court shall determine whether a violation under Subsection B or of this chapter has occurred. If it determines a violation occurred, the Tribal Court shall determine the amount of the fine and any penalty based upon subsection D that the violator must pay.

(d) Fines and Penalties

(1) Tribal Court may assess the following fines and penalties for violations of this chapter:

(A) First Offense -A monetary fine of up to Five Hundred dollars ($500.00) and a Thirty-Five dollar ($35.00) administration surcharge as a penalty. When Tribal Court issues the fine it may include a year-long ban from fishing within the Tribe's jurisdiction. For those with permits, if a ban is imposed, the violator shall need to turn in his/her permit.

(B) Second Offense (within three (3) years of a prior offense) -A monetary fine of up to One Thousand ($1,000.00) dollars and a Thirty-Five ($35.00) dollar administration surcharge as a penalty.

The Tribal Court may include up to a two (2)-year ban from fishing within the Tribe's jurisdiction. For those with permits, if a ban is imposed, the violator shall need to turn in his/her permit.

(2) When a Compliance Officer from the Compliance Department issues the fine it shall collect the fine and penalty, but remit the notice of violation to Tribal Court for record- keeping. If Tribal Court issues the fine it shall collect the fine and penalty and remit the administrative surcharge to the Compliance Department.

(3) Any decision made by either the Compliance Officer or Tribal Court is final and shall not be appealable.