FUR-BEARING ANIMALS FISH AND OTHER GAME ON TYENDINAGA INDIAN RESERVE IN THE PROVINCE OF ONTARIO. The Council of the Mohawks of the 3ay of Quinte Band of Indians at a meeting held this 22nd day of March, 1961, make the following hy-law pursuant to paragraph (o) and paragraph' ̂ r) of Section 80 of the Indian Act» By-Law No,6 A hy-law to provide for the preservation, protection and management of fur-hearing animals, fish and other game on Tyendinaga Indian Reserve, in the Province of Ontario. 1. In this hy-law, (a) "Band" means Mohawks of the Bay of Quinte; (h) "Council" means council of the Band; (c) "Permit" means a permit issued pursuant to this hy-law» (d) "Reserve” means Tyendinaga Indian Reserve; (e) words importing male persons include female persons. 2. No person shall take or attempt to take, kill or attempt to kill any fur-bearing animal, fish or other game on the reserve "unless he is in possession of a valid and subsisting permit authorizing him to take or kill such fur-bearing animal, fish or other game, as the case m8y be, issued to him by council. 3- A permit may be issued under section 2 of this by-law on completion of an annlication in such form as may be prescribed by the Council and such permit shall be subject to (a) the conditions endorsed thereon, and 0>) payment of any fee prescribed from time to time by the Council. DOMESTIC FISHING k* Notwithstanding section 3 of this hy-law, any member of the Band may, without a "oermit, take or attempt to take fish from the waters of the reserve by angling for his own use but not for sale or barter except to another member of the Band residing on the reserve. 5. A permit to take fish from the waters on the reserve shall be valid only in the area described in the permit and shall authorize the holder thereof to take only the number of species of fish and in the manner specified in the permit.
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- 2 -6. n. poitiit to tako pickorol from tho wators of the reservo shall authorize tho holder thoroof to tako not moro than throe pickorol por day and not moro than one pormit to tako pickorol shall bo issued to tho members of any one family; provided howover, council may authorizef such permit holdor to take ono additional pickorol por day for every two persons, or fractièn thereof, in a family oxcocding tho numbor of four porsons. 7« Wo mombor of tho Band shall have in his possession at any time moro fi3h than tho maximum of two days* catch specified in his permit. 8. Wo porson shall use or oporato a soino not or bull not for tho purposo of taking or attempting to tako fish from tho waters of tho reserve. COMMERCIAL FISHEIG 9. Wo mombor of tho Band 3hall tako or attempt to take fish from the waters of tho ro3orvo on a commercial liconso unlo3o ho is in possession of a valid and subsisting permit authorizing him to do so issued to him by council. % 10. Wo permit shall bo issued to a mombor of the Band pursuant to 3oction . 9 of this by-law unless ho is in possossion of a valid and subsisting commercial liconso issued to him in accordance with tho special Fisheries Regulations in forco from time to timo in the Provinco of Ontario. 11. (1) Where a person is charged with an offence under this by-law he shall forthwith deliver hi3 permit to the arresting officer and if such porson is acquitted of tho charge ho shall be entitled to havo his permit returnod to him. (2) 'Where a porson is convicted of an offonco under this by-law tho arresting officer shall forthwith deliver his pomit to the Superintendent of the reserve for cancellation by council end such porson shall not bo ontitlcd to tho issuance of a now permit during tho fishing season in which his permit is cancelled. 12. For the purposes of this by-law (a) any member of council, (b) any Indian constable, and (c) any person designated by council tp onforco this by-law shall bo ex officio officors for tho enforcement of this by-law.
- 3 -13- Any person who violates any of the provisions of this by-law shall be miilty of an offence and shall be liable on summary conviction to a fine not exceeding One Hundred dollars or imprisonment for a term not exceeding thirty days or both fine and imprisonment. Signed - Melville Hill Chief Cedrick Haracle John R.Brant Councillor Councillor Arnold J.Brant. Albert A.Haracle Councillor Councillor Date of Stencil; March 11, 196^.
DEPARTMENT OF CITIZENSHIP AND IMMIGRATION ^NDIAN a f f a i r s b r a n c h jAND COUNCIL RESOLUTION '■A J's NoO -lf me ?; Jbe word» •‘From our Band Fund»** must appear in all resolution* requesting expenditures from Band Funds. The Council of the................................................................................................................................................. Band of Indians (Name of Band) in the............................... ....................................... (Name of Agency) 0 in the Province of.......... ............................................... ............... at a meeting, held at.. (Name of Province in full) this.... ......... .1-kd.Çd............................... day of............ .......................... A.D. 19.^3» . (In Full) (Month) Do H e r e b y R e so l v e : Moved by __J&/> • Æ r <* -n seconded by That clausal (c) of By-Law No.6 pertaining to preservation, protection and management of fur-bearing animals, fish and other game on Tyendlnaga Indian Reserve be revised to read as follows! "Permit1* means a permit issued pursuant to this by-law and shall include application therefore. o (Councillor) (Councillor) FOR HEADQUARTERS USE ONLY 1. TRUST 2. CURRENT BALANCES 3. Expenditure ACCT A. Capital B. Revenue $ $ $ 6. Recommended 7. Approved * Date Superintendent, Reserves and Trusts IA5-79 .Indian Agency, Council House (Name of Place) S 3 v?~7^ carried. , C r c _ w — r Q O ) ■#eT. - n 'T? o o o f'O 3 3 3 C » - O C O C O (Councillor) (Councillor) (Councillor) (Councillor) 4. Authority 5. Source of F unds Indian Act Sec. | | Capital Q Revenue Date Director, Indian Affairs
DEPARTM ENT OF CITIZENSHIP AND IM M IGRATION INDIAN AFFAIRS BRANCH BAND COUNCIL RESOLUTION C A fM A O , NO The words “From our Band Funds” must appear in all resolutions requesting expenditures from Band Funds. , The Council of the...................................................................................... Band of Indians, (Name of Band) in the....................Tyendi na ga .Indian Agency, (Name of Agency) in the Province of......................... .............................. ..........at a meeting, held at.. Council House (Name of Province in full) (Name of Place) Fourth this.... ........ .............................................day of...... ............................... A.D. 19 J l (In Full) (M onth) Do H e r e b y R e s o l v e : Moved by \J, c /) n L ______seconded by (t, # ^ i c- ̂ A f rvuc I j THAT paragraph 3 of Fishing By-law Ho.6, for Mohawks, Bay of Quinte Band, he deleted and replaced by the following: 3* A. permit may be issued under paragraph 2 of this by-law on completion of an application in such form as may be prescribed by the Council and such permit shall be subject to (a) the conditions endorsed thereon, and (b) payment of any fee prescribed from time to time by Council. carried. IA5-7
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You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.