Part II - Enacted First Nations Legislation

Decision Information

Decision Content

« r - * - . % The Council of the PARRY ISLAND Band of Indians at a meeting held SEPTEMBER 3, 1963, makes the following by-law pursuant to paragraphs (o) and (r) of Section 80 of the Indian Act, By-law No. 2 A by-law for the protection, preservation and management of fur bearing animals, fish and game on the PARRY ISLAND Indian Reserve in the Province of ONTARIO. 1, No person, other than a member of the PARRY ISLAND Band of Indians shall trap, fish or hunt within the boundaries of the above mentioned Indian reserve without a special permit from the Council of the Band or other person named by the Council to issue such permit. 2. No member of the PARRY ISLAND Band shall invite or accompany any person who is not a member of the above mentioned band onto the PARRY ISLAND Reserve for the purpose of trapping, fishing or hunting unless that person has first obtained a written permit to so do from the person authorized by the Council to grant such permission. FISHING 3. Permits may be obtained only on production of a valid and subsisting ONTARIO Provincial License to fish in provincial waters contiguous to the Reserve. U. Such permit shall authorize the permittee to fish by angling only and may be subject to a fee established from time to time by resolution of the Council of the Band. 5. No person under authority of such permit, shall fish for, take or-attempt to ( take in one day, (a) more than 6 large or 6 small mouth bass or any combination of 6 thereof (b) more than 2 maskinonge (c) more than 6 pickerel (walleye) (d) more than 6 pike (e) more than five lake trout (f) more than one sturgeon. W - r . ; v '
V ÇÈfr No personal shall retain, keep out of water or have in his possession: (a) any maskinonge of a total length less than 28 inches (b) any sturgeon other than the first sturgeon taken or caught regardless of size. 7. No person shall retain, keep out of water or have in his possession more than one day's limit as set out in Sec. $ and 6 of this by-law. 8. The definition of angling, open and close season, coarse fish, game fish, resident and all other matters not specifically mentioned in this by-law shall be as provided in the Special Fishery Regulations for the Province of ONTARIO. HUNTING 9. Permits to hunt may be obtained only on production of a valid and subsisting ONTARIO Provincial License. 10. Holders of permits to hunt migratory birds or big game must be accompanied by a member of the PARRS ISLAND Band duly licensed to act as a guide. 11. Open seasons, bag limits, possession limits and all other matters with respect to hunting not provided for in this by law shall be, with respect to ducks as set out in the regulations for the Province of ONTARIO made under authority of -the Migratory Birds Convention Act and, with respect to other game, as provided in the regulations made under the ONTARIO Game Act for the contiguous provincial lands. i ' 12. Holders of permits when hunting on the reserve must be accompanied by i a guide and there shall be at least one guide for each party of&ur or less htfnters, and one guide for each fishing party. 13. All band members before being permitted to act as guides must register with the council of the band, who will issue free of charge to each member who registers a licence to guide on the reserve. llu Every guide licensed under the preceding section is required to abide by any rules and regulations set down by the Council for the instruction of guides and failure to do so will result in the revoking of the license to guide. ^ 4'
rV ^ ENFORCEMENT 15» The Chief and Councillors of the Band, Indian constables, Conservation Officers of the Ontario Department of Lands and Forests, and any other person or persons named by the Council shall be ex-officio officers for the enforcement of this by-law. 16. Any officer for the enforcement of -this by-law shall forthwith seize all game or fish protected by this by-law, which (a) is found by him in possession of any person, other than a member of the Band, who is not in possession of a permit under Sec. 3 or 9 of this by-lawj (b) appears to have been taken by some unlawful meansj and shall bring such game or fish before a police magistrate, stipendiary magistrate or person appointed by the Governor in Council to be a justice of the peace for offences under the Indian Act. 17. Where a person is convicted of an. offence under this by-law, the convicting court or judge may order that the game, fish, in addition to ary penalty imposed, are forfeited to Her Majesty for the benefit of the band provided, however, that the meat or fish so forfeited shall be delivered to a charitable institution designated by the i Council. PENALTIES 18. Any person -who violates any of the provisions of this by-law shall on summary conviction be liable to a fine not exceeding one hundred dollars or imprisonment for a term not exceeding thirty days or both fine and imprisonment. C Chief t Councillor -J Vi ! ' Councillor Councillor
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