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Testimony of Red Uke CHAmMAN Gerald F. Brun, February 18, 1993 



Before the House Native American Affairs Subcommittee 



Regarding Tribal Fish and Wildlife Conservation Legislation 



typically hollow -- poachers are cited by the federal wardens as Reservation trespassers 

 under Title 18 of the United States Code, Section 1165, fined $100 to $150, and released 

 with all their equipment. The maximum penalty under this law is a $200 fine and 90 days 

 imprisonment. Section 1165 authorizes only the confiscation of any game seized, it does not 

 authorize confiscation and forfeiture of a violator's poaching equipment. 



When these same U.S. Fish and Wildlife wardens prosecute fish and game violators 

 on federal conservation and recreation areas, the maximum fine is $500 and one year 

 imprisonment. The federal wardens may confiscate seized equipment and either use it or 

 the proceeds from its sale to supplement the funding of local conservation enforcement 

 efforts. 



In the surrounding state of Minnesota, state game wardens have even stronger 

 penalties to bring against fish and game violators, who face punishments of hunting or fishing 

 license revocation for life and a maximum fine of $3,000 and one year imprisonment. 

 Additionally, state wardens can and do confiscate seized equipment and devote it or the 

 proceeds of its sale to local conservation enforcement programs. 



All this adds up to some very simple reasons why any shrewd poacher is going to 

 prefer to poach on an Indian Reservation rather than federal or state lands -- Indian 

 Reservations are where most of the game is, where there are the fewest conservation 

 enforcement officers, and where the possible penalties are the oldest and lightest. 



The Solution. In an attachment to this testimony. Red Lake proposes amendment bill 

 language to strengthen the reservation trespass statute (18 U.S.C. § 1165). 



The objective is to amend the law to stiffen the penalties for prohibited non-member 

 hunting and fishing on-Reservation, increasing the maximum fine from $200 to $3,000 and 

 the maximum jail term from 90 days to one year, and authorizing tribal confiscation and 

 forfeiture of violators' poaching equipment and vehicles. 



This amendment is necessary to make Indian Reservations less attractive to poachers 

 and other non-Indian trespassers. Tribal game wardens need this kind of support; otherwise 

 their apprehension activities are nearly futile and our game is at even greater peril. 



The penalties in 18 U.S.C. § 1165 have not been altered for more than thirty years 

 and inflation has eroded the impact of the maximum $200 fine. For example, if the $200 

 maximum fine is adjusted for an average annual inflation rate of 5%, the maximum penalty 



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