Part II - Enacted First Nations Legislation

Decision Information

Decision Content

i I'" rt. By-Law Ho 5 The Coimc? 1 of the ?<*(’’1<* Band of Indians at a meeting held on the iNth day of September , 1965» makes the following By-law pursuant to Section 80 of the Indian Act. Whereas the Kettle Point Band of Indians are descendants of that part of the Chippewa Nation of Indians which granted large areas in Western Ontario to the Crown by Treaty dated July 10th, 1827. And whereas the forefathers of the Kettle Point Indians did not grant to the Crown any of their rights in the lands underlying Lake Huron, the Kettle Point Indians do assert their ancient and undoubted rights in such lands under Lake Huron. And whereas the Council of the Kettle Point Band of Indians deems it expedient to pass a by-lav; respecting fishing on the Kettle Point Reserve and on the lands underlying Lake Huron. And whereas the Council of the. Kettle Point Band of Indians further deems it expedient to pass a by-law relating to the hunting and taking of game and game bird3 on the Kettle Point Reserve and on the lands underlying Lake Huron adjacent to the Reserve. NOV/ THP COUNCIL OP Til BAwN OP Ki I iTTLK POINT INDIANS enacts as follows: FISHING , No person, other than a member of the Band, shall be permitted to fish in the Reserve or on the waters of Lake Huron running northerly between the easterly and westerly limits of the Kettle Point Reserve for a distance of ten miles without first obtaining a written permit to do 90 from the person authorized by the Council to grant such permission. Such permit shall authorize the permitee to fish by antling only and may be subject to a fee established from time to time by resolution of M the Council of the Band. No person, under authority of such permit, shall fish for, take or attempt to take in one day, #••• (a) more than six large mouth or s pAy •' combination of six thereof (*) more than two maskinonge P (c) More than six yellow pickerel (d) more than six pike (e) more than five lake trout (f) more than one sturgeon (g) more than ten perch (h) more than twenty crappies '% ' M . . (i) more than twenty fish in the a;
V - 2 No person shall retain, keep out of water or have in his possession, (a) any black case of a total length less than eleven inches (b) any maskinonge of a total length less than thirty inches (c) any yellow. pickerel of a total length .less than fifteen inches (d) any pike of a toVjl length less than eighteen inches (e) Any lake trout of a total length less than fifteen inches (f) any sturgeon other than the first sturgeon taken or eaughtt regardless of sise. 5. No person shall retain, keep out of water or have in his possession more than one days limit as set out in Sections 3 and A of this by-law. 6 . The definition of angling, open and close season, course fish, game fish, resident, total length, yellow pickerel 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 7* No person, other than a member of the Band or the-holder under lease of shooting rights in any part of the Reserve, or on the waters of 4 r ' * Lake huron running northerly from the Reserve between the easterly . ** and westerly limits thereof for a distance o'f ten miles, shall be permitted to hunt in the Reserv^ or on the aforementioned waters of Lake Huron without first obtaining a written permit to do so from the person authorized by the Council to grant such permission. 8. Holders of permits to hunt as outlined in Section 7 must be accompanied by a member of the Kettle Point Band of Indians duly licensed to act as a guide. 9. Open season, bag limits, possession limits and all other matters not provided for in this by-law shall be, with respect to ducks, as set out in 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. 10. All Band members before being permitted to act as guides must register with the person authorised by the Council to receive such registration who will issue free of charge to each Band" member who registers a licence to guide on the Kettle Point Indian Reserve. t 'kg, A vA;;,. irt V
- 3 -11 Every guide licensed under Section 10 of the by-law is required to abide by the 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 licence to guide. , 12 Any person who violates the provisions of this by-law contained in Items 1 to 9 inclusive shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding 3100.00 or imprisonment for a term of not exceeding thirty days or both find and imprisonment. PASSED this ldth day of September , 1965 V' - «t ' \ i ...... D -*?vr g *
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