Full Statute Name:  Eastern Band of Cherokee. The Cherokee Code. Sec. 14-10.10. - Cutting timber, removal of rock, trapping animals.

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Primary Citation:  The Cherokee Code. Part II. Section 14. Article III. Sec. 14-10.10 Country of Origin:  United States Last Checked:  January, 2017 Date Adopted:  2001
Summary:

This statute is intended to preserve natural resources and protect wild animals from any trapping conducted without the knowledge of a property owner or the Tribe. The language provides for both land owner through a tribal assignment or lease, as well as lands that are reserved and used exclusively by the Tribe. The language also restricts any person, firm, or corporation from engaging in this conduct without consent and knowledge from the land owner and/or the Tribe.

Statute Text: 

Sec. 14-10.10. - Cutting timber, removal of rock, trapping animals.

(a)   No person, firm, or corporation shall enter upon lands assigned or leased to another and damage, injure, cut, trim, or remove any tree, shrub, flower, or plant without the knowledge and written consent of the lawful owner of the land through assignment or lease.

(b)   No person, firm, or corporation shall enter upon lands assigned or leased to another and remove any earth, rocks or minerals without the knowledge and written consent of the lawful owner of the land through assignment or lease.

(c)    No person, firm of corporation shall enter upon lands assigned or leased to another to trap wild animals without the knowledge and written consent of the lawful owner of the land through assignment or lease.

(d)   No person, firm, or corporation shall enter upon land held, used or reserved by the Tribe and damage, injure, cut trim or remove any tree, shrub, flowering plant, earth, rocks or minerals, or trap any wild animals without the knowledge and written consent of the Tribe through a license, use permit or council resolution.

(e)    Each violation of this section shall be punishable by a fine not to exceed $5,000.00, by a term of imprisonment not to exceed one year, or both.


(Ord. No. 117, 3-3-2000)

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