TITLE 111

WATER CRAFT REGULATIONS AND SAFETY

CHAPTER 300

300.01                         Definitions

Subdivision 1. "Owner" means an Indian, other than a lien holder, and also includes Indian partnership and corporations, having the property in or title to a watercraft.

Subdivision 2. "Water craft" means any contrivance used or designed for navigation on water other than:

      a)              A duck boat during duck hunting season

      b)              A sailboat.

      c)              A canoe

      d)              A rice boat

      e)              A float plane.

Subdivision 3. "Motorboat" means any watercraft propelled in any respect by machinery, including watercraft temporarily equipped with detachable motors.

Subdivision 4. "Tribal Council" means the Tribal Council of the Red Lake Band of Chippewa Indians and its agencies and subdivisions.

300.01                         Watercraft Licenses

Subdivision 1. General Requirements. Except as hereinafter provided, no Indian shall operate or give permission to operate any water craft for which a license fee is required on the waters of the Red Lake Indian Reservation unless a license for such water craft has been issued and is in effect. The license number assigned a water craft shall remain the same if continually renewed and the license of each water craft shall purchase the water craft license numbers assigned and affix the same as may be prescribed by the Tribal Council.

Subdivision 2. Application. Application for a water craft license shall be made to the Tribal Council by the owner of all wate rcraft, unless exempted herein, principally located or housed on the Red Lake Indian Reservation. The application shall be in writing on a form prescribed by the Tribal Council and shall state the name and address of every owner of the water craft and signed by at least one owner. Upon receipt of the application fee as hereinafter provided, a license shall be issued by the Tribal Council shall be affixed to the water craft in such manner as the Tribal Council shall prescribe.

Subdivision 3. Fees. The fee for each water craft for a period of three years, or any portion thereof, shall be as follows:

      a)              All water craft $15.00.

      b)              Transfer of license or duplicate license - $5.00.

Subdivision 4. Expiration. Licenses issued hereunder shall expire on December 31st of the year expiration and may be renewed in the manner provided for initial issuance.

Subdivision 5. Transfer of Ownership, Destruction, Abandonment. Within thirty (30) days after the transfer of ownership, or the destruction or abandonment of any water craft, written notice thereof shall be given to the Tribal Council on such form as it may prescribe. Failure to give such notice of transfer of ownership shall terminate the license without further action. Every notice of transfer of ownership shall also be accompanied by the duplicate license fee and upon receipt thereof, a duplicate license shall be issued.

Subdivision 6. Tribally Owned Water craft. Water craft owned by the Red Lake Band of Chippewa Indians or any of its agencies or subdivisions shall contain a distinguishable license without payment of any fee.

Subdivision 7. Exemption. No license hereunder shall be required for the following water craft:

      a)              Water craft which are covered by a license or number in full force and effect pursuant to a federal law or a state law and which has not been within the Red Lake Indian Reservation for more than Sixty (60) consecutive days.

      b)              Water craft owned by the United States, a state, or a political subdivision thereof.

300.03                         Operation of Water craft.

It is unlawful to operate or permit the operation of water craft in the following ways:

      a)              In a careless manner in disregard of the rights or safety of others.

      b)              In a reckless or grossly negligent manner so as to cause personal injury to another or damage to the property of another.

      c)              A water craft which is loaded with passengers or cargo beyond its safe carrying capacity, or which is equipped with any motor other propulsion machinery beyond its safe power capacity.

      d)              Upon the water of the Red Lake Indian Reservation without the equipment required by this Chapter or in violation of the rules promulgated by the Tribal Council pursuant to this Chapter.

300.04                         Alcohol, Drugs, Disability

Subdivision 1. No Indian shall operate or be in actual physical control of any water craft while under the influence of alcohol or a controlled substance as provided in Section 600.02. No owner or other person having control of any water craft shall intentionally authorize or permit any person who is under the influence of alcohol or controlled substance to operate any water craft.

Subdivision 2. No owner or other person having a charge or control of any water craft shall intentionally permit any other person who by reason of any physical or mental disability is incapable of operating such water craft, to operate such water craft.

300.05                         Lifesaving Devices

Water craft using the water of the Red Lake Indian Reservation shall be equipped with United States Coast Guard approved personal flotation devises or life saving devices in sufficient quantity so that each person on board the water craft has a separate safety device for his/her own use.

300.06                         Penalties For Violations

Any Indian who shall violate the provisions of Section 300.01 to 300.05 or any regulation of the Tribal Council promulgated pursuant to Sections 300.01 to 300.05 shall, unless a different penalty is prescribed, be guilty of a misdemeanor.