Differences Between Tribal and State Hunting Laws

Introduction

In the following essay I will be talking about the differences and similarities between state and tribal hunting laws such as general provisions, the Game and Fish Department, licenses and permits, regulations, etc. I will also mention how they enforce penalties to the people who break the rules of the state and tribal Game and Fish Department.

State Hunting Laws

State hunting laws are what hunters like me follow. If there were no laws for hunting I think the animal population would decrease and some animals could possibly become extinct. This could happen due to over hunting and diseases, because there was no regulation on hunting or anybody observing the species like the game wardens do.

General Provisions

General provisions involve definitions, unauthorized methods of taking game, hunting hours, posted land, tampering with traps such as fish nets that the Game and Fish Department set up (North Dakota Criminal and Traffic Law Manual, 2003, p.176). There are lots of definitions that are used in the state Game and Fish Department. For instance, "Afield" means being away from one's home or camp. Another example is "Big Game" which refers to deer, moose, elk, bighorn sheep, mountain goats, and antelope (p. 177). Some examples of unauthorized methods are setting traps, nets, birdlime, swivel gun, or any other unpermitted device to capture game, which are most often used by poachers. Posted land is another general provision that says no person may hunt or pursue game, trap protected fur-bearing animals, or enter on legally posted land belonging to another person without permission (p. 180 & 181). There are many rules that are involved in these general provisions. I think these are very important in the hunting world today. If these were not in effect, there would be a lot of chaos between people and law enforcement.

Game and Fish Department

The Game and Fish Department manages all the wildlife in the state. If a shortage in fish or coyotes occurs, they do everything they can to try to raise it again. Game wardens go out and watch hunters to make sure they do not break the rules sent down by the department. If a violation does occur, the person will face a penalty and a fine, which is decided by agency. Now I will talk more about the main positions held in the department, rather than what the precinct does.

The game and fish department has a director, which is appointed by the governor of the state. The director holds office for a term of four years beginning on the first day of July after the governor's election and until a successor is appointed and qualified (North Dakota Criminal and Traffic Law Manual, 2003, p. 184). The governor can remove the director of this agency when he feels like the job is not being done correctly (North Dakota Criminal and Traffic Law Manual, 2003, p. 184). The director has many duties to do for this department. Some of them are maintain an office in Bismarck, enforce state laws involving wildlife, examine all waters and stockfish, control fish hatcheries, (p.187). There is also a deputy director, which makes annual reports to the director about fish hatcheries, land, etc. Other positions offered are the chief game warden and special deputy game wardens. They pretty much do the same things as the deputy directors but for the chief game warden. These are the main positions that are offered at the Game and Fish Department.

Licenses and Permits

Everybody born after December 31, 1961 must complete a hunter safety course to get your licenses to hunt in a certain district (p. 196). There are many licenses you must get to hunt. A bow hunter's license may be purchased when using a bow to kill game. Fishing also requires you to get a license otherwise you get a fine. I have experience with not having a license for fishing. They don't mess around with their fines, because I got a fine of $500 and lost my boat. That is why it is very important to get your license and permits to avoid these unfortunate events.

Tribal Hunting Laws

The Turtle Mountain Hunting laws are different from state laws. The tribe recognizing the spiritual, cultural, and economic value of wildlife and also recognizing that these resources are irreplaceable (Governing Body of the Turtle Mountain Band of Chippewa Indians, 1975, Tribal Code Book, Section 1.1). The unregulated use of these resources would threaten the political integrity, the economic security, health and welfare of the Turtle Mountain Tribe (Governing Body of the Turtle Mountain Band of Chippewa Indians, 1975, Tribal Code Book, Section 1.2). That would be the biggest difference between state and tribal hunting