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Testimony of Red Lake Chairman Gerald F. Brun, February i 8, 1 993 



Before the House Native American Affairs Subcommittee 



Regarding Tribal Fish and Wildlife Conservation Legislation 



Both the penalties and the enforcement procedures on Indian Reservations now lag 

 far behind state enforcement authorities on neighboring lands, making Reservations 

 increasingly inviting to lawless non-members who seek to gain a hunting or fishing advantage 

 by carrying out illegal hunting or fishing with little risk of getting anything more than a slap 

 on the wrist. 



The wildlife conservation law enforcement efforts of Tribes like Red Lake are 

 increasingly frustrated by non-members who brazenly trespass on Reservation to hunt or fish, 

 knowing full well they face only mild penalties under 18 U.S.C. § 1165 if caught. This 

 problem arises from the antiquity of the trespass statute penalties and from a chronic 

 underfunding of tribal conservation enforcement efforts. An effective solution will require 

 legislative amendment. 



Example From Our Experience. Our Tribe prohibits all non-member hunting on our 

 closed Reservation. Last year. Red Lake Tribal Wardens discovered a group of non-Indian 

 poachers several miles within the well-marked borders of our Reservation. Carcass drag 

 marks and other evidence indicated the poachers appeared to have been hunting and killing 

 moose and deer over a period of days. This occurred well after the state hunting season in 

 nearby Minnesota had ended. 



Our tribal wardens approached the poachers who fled at high-speed. The wardens 

 gave chase and eventually apprehended two non-Indians. Our wardens seized their rifles 

 and related hunting equipment, as well as a sophisticated plexiglass tree stand for spotting 

 game that was furnished with an elaborate heating system, chairs and other comforts. The 

 wardens also seized two "snow-planes", multi-purpose vehicles on large skis that are thrusted 

 by aircraft engine propellers. 



We were shocked that our Reservation game, preserved as it has been from sporting 

 encroachments that have diminished wildlife populations in surrounding states, has now 

 become so desirable that it attracts outsiders with the latest in heated tree stands and big 

 game chase vehicles. Our Tribal Wardens were proud of their law enforcement work. But 

 if this case turns out like all the rest, they will quickly become discouraged. 



Typically our wardens must release poachers at the edge of the Reservation and 

 prepare the prosecution paperwork for the U.S. Fish and Wildlife Service. Weeks later the 

 federal warden orders our tribal wardens to release property they have seized because the 

 violator has paid a bond. Months later our tribal wardens must travel for hours to testify 

 in federal court without reimbursement, often several times for each case. The outcome is 



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