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A. Offense by an Indian. Any Indian offender shall be cited and subject to a fine as determined by this Act, or upon conviction for willfully and knowingly violating this Act, shall be subject to a criminal penalty by confinement for a term up to six months, or to both such confinement and fine.

B. Offense by a Non-Indian. Any non-Indian offender who violated any provision of this Act may be fined and cited and shall also be subject to criminal penalty under federal law pursuant to 18 U.S.C. § 1165, which states:

Hunting, Trapping, or Fishing on Indian Land. Whoever, without lawful authority or permission, willfully and knowingly goes upon any land that belongs to any Indian or Indian Tribe, band or group and either are held by the United States in trust or subject to a restriction against alienation imposed by the United States, or upon any lands of the United States that are reserved for Indian use, for the purpose of hunting, trapping, or fishing thereon, or for the removal of game, peltries or fish therefrom, shall be fined not more than $200 or imprisoned not more than ninety (90) days or both, and all game, fish, and peltries in his possession shall be forfeited.

ONCA 17-30, eff. Apr. 26, 2017.