None Designated
CHAPTER 113
HUNTING AND FISHING
Section 113-1. FISH MANAGEMENT PROGRAM.
(a) The Cherokee Fish and Game Management Enterprise shall be
responsible for managing the Cherokee trout program. The
Director of the Enterprise shall be responsible for drafting
fishing regulations and establishing fishing license fees
which shall become effective when approved by the Council.
(b) The Enterprise shall operate the trout fishing program as an
economically self-sustaining program with revenues generated
from the sale of fishing permits.
SOURCE: Res ___, eff. Nov. 13, 1933; Res. 6, eff. Nov 6, 1934; Res.
5, eff. Nov. 5, 1935; Res. ___, eff. Nov. 13, 1935; Res. 7,
eff. Oct. 11, 1928; Res. 89, eff. Dec. 8, 1938; Res. 135,
eff. Jul. 5, 1939; Res. A-4, eff. Oct. 27, 1939; Res. 34,
eff. Oct. 18, 1950; Res. 71, eff. Oct. 25, 1950; Res. 56,
eff. Oct. 19, 1953; Res. 39, eff. Dec. 7, 1955; Res. 268,
eff. Oct. 24, 1959; Res. 410, eff. May 25, 1961; Res. 685,
eff. Dec. 16, 1963; Res. 745, eff. Apr 7, 1964; Res. 771,
eff. Sep. 4, 1964; Res. 773, eff. Sep. 4, 1964; Res. 783,
eff. Oct. 7, 1964; Res. 839, eff. Feb. 1, 1965; Res. 840,
eff. Feb. 1, 1965; Res. 877, eff. Jul. 1, 1965; Res. 887,
eff. Sep. 7, 1965; Res. 978, eff. Oct. 3, 1966; Res. 21,
eff. Jan. 5, 1967; Res. 40, Eff. Apr. 28, 1967; Res. 16-S,
eff. Mar. 21, 1968; Res. 152, eff. Oct. 15, 1969; Res. 125,
eff. Feb. 17, 1972; Res. 260, eff. Feb 7, 1975; Res. 47, eff.
Nov. 6, 1975; Res. 326, eff. Feb. 3, 1977; Res. 74 eff. Oct.
18, 1983.
Section 113-2. GAME WARDENS.
The game wardens employed by the Cherokee Fish and Game
Management Enterprise shall be subject to complete supervision and
control of the Enterprise. Such game wardens shall not be deemed a
part of or under the supervision or control of the Cherokee Police
Department.
SOURCE: Res. 289, eff. Oct. 10, 1984.
Section 113-3. TROUT HATCHERY.
The Cherokee Trout Hatchery shall be managed and operated by the
Cherokee Fish Management Program as a tribal enterprise for the
purpose of hatching and growing trout for use in stocking the Cherokee
trout program and for sale to produce income.
Section 113-4. LICENSE.
(a) All persons hunting or trapping game on Cherokee Indian
trust lands must possess and have on their person while
engaged in hunting or trapping, a valid tribal hunting
license.
(b) Tribal hunting licenses shall be valid for a period of not
more than one year. Enrolled members of the Eastern Band of
Cherokee Indians shall be issued a hunting license without
fee. Those first descendants of enrolled tribal members and
a spouse of an enrolled tribal member who reside on Cherokee
Indian trust lands may be issued a hunting license by paying
a fee of ten dollars ($10.00). No other persons shall be
eligible to obtain a tribal hunting license.
(c) The tribal hunting license shall authorize the holder to
engage in such hunting and trapping as shall be authorized
by the Cherokee Hunting Ordinance and shall include hunting
on non-posted areas of Cherokee trust lands, hunting big
game and hunting with primitive weapons during special
seasons.
Section 113.5. PROHIBITIONS.
(a) It shall be unlawful to hunt or discharge a firearm within
100 yards of any commercial property, elderly housing,
hospital, school housing project, campground, motel, church
or any other property used by the public for public
gathering, unless such activity is performed while
participating in an organized event.
(b) It shall be unlawful to spot light or use electronic or
recorded calls in the hunting or taking of any wild animal
or bird.
(c) Migratory game birds may be hunted or taken only during the
times and in the manner permitted by federal regulations.
(d) It shall be unlawful to shoot into a squirrel's nest.
(e) It shall be unlawful to cut den trees.
(f) It shall be unlawful to hunt, trap, kill or take any bird of
prey, deer or wild turkey.
(g) It shall be unlawful to carry a rifle or shotgun on tribal
reserve lands during the closed hunting season unless it
shall be unloaded and locked in a case or the trunk of a
vehicle.
(h) It shall be unlawful to trap any big game or any other game
except a species specified in the Cherokee Hunting Ordinance
within Cherokee Indian trust lands.
(i) It shall be unlawful to bait any game on tribal reserve
lands.
(j) Game birds and animals other than raccoon, opossum or bear
may be taken only between 1/2 hour before sunrise and 1/2
hour after sunset with rifle, shotgun, bow and arrow, dogs
or by falconry.
(k) It shall be unlawful to hunt or trap on the possessory
holding of another tribal member without the permission from
the possessory holder or their agent.
(l) It shall be unlawful to cut wood or timber, except for
campground use, on tribal reserve land at any time except in
those areas designated for cutting by the BIA Forestry
department.
Section 113-6. TRAPPING.
(a) It shall be legal to trap mink, muskrat, opossum, raccoon,
skunk, weasel, wildcat and fox. It shall be illegal to trap
any other species on Cherokee Indian trust lands.
(b) It shall be unlawful to:
(1) take wild animals by trapping with any steel jaw,
leghold or connibear trap, unless it:
a. has a jaw spread of not more than 7 1/2 inches.
b. is horizontally offset with closed jaw offset of at
least 3/16 inches for a trap with a jaw spread of
more than 5 1/2 inches; (this provision shall not
apply if the trap is set in water with a quick
drown type set),
c. is smooth edged and without teeth or spikes,
d. has a weather resistant permanent tag attached
legibly giving the trapper's name and address.
(2) set a steel jaw or leghold trap on dry land with a
solid anchor with a trap chain longer than 8 inches
from the trap to the anchor unless fitted with a shock
absorbing device approved by the Wildlife agent.
(3) remove or disturb any lawfully set trap or remove any
fur bearing animal from the trap without permission of
the trap owner.
(4) set or use a trap so that animals or birds will be
suspended when caught.
(5) set or use a hook of any sort to take a wild animal or
wild bird.
(c) Every trap set on Cherokee Indian trust lands must be
visited daily and any animal caught must be promptly removed.
(d) Baiting shall be allowed only on a hunter's own assigned
possessory holding. Baiting shall be allowed on the
possessory holding of another only with the owner's
permission. Baiting on possessory holdings shall be
permitted from April 1 through August 15. All hunters must
notify a tribal wildlife agent of the location of all bait.
All baits must be removed from site no later than August 15.
Section 113-7. BIG GAME.
(a) Big game, for purposes of hunting on Cherokee Indian trust
lands, shall be limited to bear and wild boar.
(b) The season for hunting of bear or wild boar with dogs shall
be from September 1 through September 30 and from October 16
through November 30. The season for hunting of bear or wild
boar by still hunting shall be from September 1 through
November 30.
(c) The limits for bear or wild boar which may be taken or
killed shall be one per day, one in possession or two per
season of each species.
(d) It shall be unlawful to take or kill any bear weighing less
than 100 pounds or to take or kill a female bear with a cub.
(e) All big game taken by hunters must be tagged at the point of
kill with an appropriate big game tag before the carcass is
moved.
(f) After tagging an animal and before it is butchered, the
hunter must report the kill information to the wildlife
cooperator agent located within the immediate area and
obtain a hunter copy of the "Big Game Harvest Report Card."
(g) Any big game tag which has been detached from the tag card
prior to the harvest and tagging of the animal shall be
illegal and may be seized by a wildlife enforcement officer.
(h) The "Big Game Harvest Report" must be retained by the hunter
as his permit to retain possession of the big game carcass.
(i) It shall be illegal for any person to sell any organ, skin
or body part of any big game animal to any non-member or to
any person beyond the boundaries of Cherokee Indian trust
lands or to any person who will remove such organ, skin or
body part from Cherokee Indian trust lands.
Section 113-8. SMALL GAME AND OTHER SPECIES.
(a) There shall be an open season and no bag limit on the
hunting of crow.
(b) There shall be an open season and no bag limit on the
hunting of fox.
(c) There shall be an open season and no bag limit on the
hunting of groundhog.
(d) The season for hunting of grouse shall be from October 1
through February 28 with a daily bag limit of 3, a
possession limit of 6 and season bag limit of 30.
(e) The season for hunting or box trapping of rabbit shall be
from November 19 through February 28 with a daily bag limit
of 5, a possession limit of 10 and season bag limit of 75.
(f) The season for hunting raccoon and opossum shall be from
October 1 through January 30 with a daily bag limit of 1,
with a maximum of 2 per hunting party, a possession limit of
2 and season bag limit of 20, per species.
(g) The season for hunting squirrel shall be from October 1
through January 1 with a daily bag limit of 8, a possession
limit of 16 and season bag limit of 75.
Section 113-9. WEAPONS.
(a) Hunting with shotguns larger than 10 gauge is prohibited.
(b) When hunting migratory game birds, shotguns must be plugged
so as to limit their maximum capacity to three shells.
(c) Hunting with bow and arrow shall be limited to bows having a
minimum pull of 45 pounds. Broadhead type arrows with a
width of 7/8 inch may be used for small game. Poisonous,
drugged, barbed or explosive arrowheads are illegal and
shall not be used for taking any game.
(d) The following species may be hunted or killed with a 22
caliber pistol having a barrel of not less than 5 1/2
inches: rabbit, squirrel, opossum, raccoon, fur bearing
animals and other legal non-game animals and birds.
(e) A hunter or trapper lawfully taking wildlife by another
method may use a pistol to dispatch an animal or bird
otherwise taken.
Section 113-10. DOGS.
(a) During hunting or training, all dogs must wear a collar with
a weather resistant I.D. tag showing the owner's name and
address and the date of vaccination on the tag.
(b) Dog training season for the training of hunting dogs shall
be from July 23 through August 23. It shall be unlawful for
any person to possess a weapon or climbing gear while
running dogs during the training season.
(c) No hunting party shall allow more than eight dogs to be
loose or running at any given time. All additional dogs
must be leashed or caged.
Section 113-11. SAFETY.
Any person hunting with the use of firearms or bow and arrow,
shall wear a cap or hat made of hunter orange material or an outer
garment of hunter orange visible from all sides.
Section 113-12. PENALTIES.
(a) Any person subject to the criminal jurisdiction of the
Cherokee Court who is convicted of an offense in violation
of any provision concerning big game shall be fined not less
than five hundred dollars ($500) nor more than one thousand
dollars ($1,000) for each offense, together with an amount
sufficient to provide for restocking of the animal or
animals involved in the violation, together with the
revocation of all hunting privileges for not less than one
nor more than three years.
(b) Any persons subject to the criminal jurisdiction of the
Cherokee Court who is convicted of an offense involving
small game or other provisions of the Cherokee Hunting
Ordinance not covered by (a) above, shall be fined not less
than fifty dollars ($50) nor more than two hundred fifty
dollars ($250) for each offense. Repeat offenders may also
suffer the revocation of all hunting privileges for not less
than one nor more than three years.
(c) Any person who is not subject to the criminal jurisdiction
of the Cherokee Court who violates any provision of this
ordinance shall be subject to a civil penalty and fine of
not less than five hundred dollars ($500) nor more than one
thousand dollars ($1,000) for each violation, together with
an amount sufficient to provide for restocking of the animal
or animals involved in the violation. Flagrant or
intentional violation of the provisions of this ordinance
may be referred to federal or state law enforcement
officials for prosecution for trespass or other applicable
criminal provisions, at the discretion of Cherokee law
enforcement personnel.
(d) All fines and restocking fees collected by the Cherokee
Court will be returned to the Cherokee Wildlife Agency to be
used by the tribe in support of the wildlife program.
Section 113-13. ENFORCEMENT.
Enforcement of this ordinance shall be by Cherokee Fish & Game
Management game wardens and Cherokee policy officers, who shall have
authority to make arrests and issue civil citations for violations of
the provisions of this ordinance.
SOURCE: Res. ___, eff. Nov. 6, 1931; Res. ___, eff. Nov. 15, 1933;
Res. ___, eff. Nov. 8, 1933; Res. ___, eff. Oct 5, 1934; Res.
6, eff. Nov. 6, 1934; Res. ___, eff. Oct 18, 1935; Res. ___,
eff. Nov. 13, 1935; Res. 7, eff. Oct. 11, 1938; Res. 89, eff.
Dec. 8, 1938; Res. 135, eff. Jul 5, 1939; Res A-4, eff. Oct
27, 1939; Res. 34, eff. Oct. 18, 1950; Res. 71, eff. Oct. 25,
1950; Res. 56, eff. Oct. 19, 1953; Res. 40, eff. Apr. 28,
1967; Res. 56, eff. Oct. 19, 1953; Res. 39, eff. Dec. 7,
1955; Res. 366, eff. Oct. 12, 1960; Res. 535, eff, Oct. 23,
1962; Res, 407, eff. Apr 8, 1971; Res. 211, eff. Oct. 5,
1975; Ord, 355, eff. Feb. 7, 1991; Ord. 462, eff. Jun. 7,
1991.
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