LD 1914
pg. 2
Page 1 of 4 An Act Concerning Tribal Jurisdiction over Rights-of-way Over or Abutting Triba... Page 3 of 4
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LR 2608
Item 1

 
exercise of, jurisdiction as authorized by this section or section
6207, the State shall have has exclusive jurisdiction over
violations of tribal ordinances by members of either tribe or
nation within the Indian territory and over any public or private
right-of-way and right-of-way passing through or adjacent to the
Indian territory of that tribe or nation. The State shall have has
exclusive jurisdiction over violations of tribal ordinances by
persons not members of either tribe or nation.

 
Sec. 2. 30 MRSA §6207, sub-§§1, 2 and 7, as enacted by PL 1979, c. 732,
§§1 and 31, are amended to read:

 
1. Adoption of ordinances by tribe. Subject to the
limitations of subsection 6, the Passamaquoddy Tribe and the
Penobscot Nation each shall have exclusive authority within their
respective Indian territories and the Passamaquoddy Tribe has the
same authority over any public or private right-of-way and over
any railroad, utility or other right-of-way that are not owned by
the tribe but bordered on one or both sides by Passamaquoddy
Indian territory to promulgate adopt and enact ordinances
regulating:

 
A. Hunting, trapping or other taking of wildlife; and

 
B. Taking of fish on any pond in which all the shoreline
and all submerged lands are wholly within Indian territory
and which that is less than 10 acres in surface area.

 
Such ordinances shall be are equally applicable, on a
nondiscriminatory basis, to all persons regardless of whether
such person is a member of the respective tribe or nation
provided, however, except that subject to the limitations of
subsection 6, such ordinances may include special provisions for
the sustenance of the individual members of the Passamaquoddy
Tribe or the Penobscot Nation. In addition to the authority
provided by this subsection, the Passamaquoddy Tribe and the
Penobscot Nation, subject to the limitations of subsection 6, may
exercise within their respective Indian territories all the
rights incident to ownership of land under the laws of the State.

 
2. Registration stations. The Passamaquoddy Tribe and the
Penobscot Nation shall establish and maintain registration
stations for the purpose of registering bear, moose, deer and
other wildlife killed within their respective Indian territories
or within any public or private right-of-way and within any
railroad, utility or other right-of-way that are not owned by the
tribe but bordered on one or both sides by Passamaquoddy Indian
territory and shall adopt ordinances requiring registration of
such wildlife to the extent and in substantially the same manner
as such wildlife are is required to be registered under the laws


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