Part II - Enacted First Nations Legislation

Decision Information

Decision Content

The Council of the Cowichan Band of Indians at a meeting held the Seventeenth day of________ October__________ , 19 56 t makes the following by-law pursuant to paragraphs (o) and (r) of Section 80 of the Indian A by-law to provide for the preserv ment of fish m * g l i a in the Cowichan Indian ueserve in the Province of British Columbia FISHING 1* No person, other than a member of the band, shall be permitted to fish in the reserve without first obtaining a written permit to so do from the person authorized by the bouncil to grant such permission, 2, Permits may be obtained only on production of a valid and subsisting British Columbia Provincial License, if such is required by the i person applying, to fish in provincial waters contiguous to the reserve, 3, Such permit shall authorize the permittee to fish by angling only and may be subject to a fee established from time to time by resolu­ tion of the Council of the band, 4, The definition of angling, open and close seasons, coarse fish, game fish, resident, total length, and all other matters not specifically mentioned in this by-law shall be as provided in the Special Fishery Regulations for the Province of British Columbia, < ENFORCEMENT 5* The Chief and Councillors of the Band, Indian constables and any other person or persons named by the Council shall be ex-officio officers for the enforcement of this by-law, 6, Any officer for the enforcement of this by-law shall forthwith seize all apmanii fish protected by this by-law, which (a) is found by him in possession of any person, other than a member of the Band, wtrç is not in possession of a permit under Sec, 2 of this by-law; (b) appears to have been taken by seme unlawful means; and shall bring such p fish before a police magistrate, stipendiary magistrate or person appointed by the Governor in Council to be a Justice of the peace tor offences under the Indian Act, * * ation, protection and manageI n d ia n A f f a ir s R C . 1 0 , V o l. A f f a i r e s i n d i e n n e s F i l e / d n v s i e r
2. 7* Where a person is convicted of an offence under this by-law, the convicting court or Judge may order that the p » , fish, in addi­ tion to any penalty imposed, are forfeited to Herliajesty for the benefit of the band provided, howeveçl, that the nuàr mm fish so forfeited shall be delivered to a charitable institution designated by the Council. PENALTIES 8. any person who violates the provisions of this by-law shall be guilty 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. & Chief. Councillor. Councillor. ^ Coüncillor. Councillor. 668 Rum/xi/h. JœuÆp Coupc illKr.^ Councillor. Councillor. Councillor. Councillor. I n d i a n A f f a i r s R C 1 0 , V o l .
d e p a r t m e n t o f c i t i z e n s h i p a n d i m m i g r a t i o n , INDIAN A FFA IRS BRANCH BAND COUNCIL RESOLUTION NOTE: The word» "From our Band Fundi mu»t appear in âll rerolutioo* requoting expenditure# from Band Fund*. The Council of the............................................................................................................. ..Band of Indiana, (Name of Band) in the................................................................ G^^OIUUI............................................... (Name of Agency) ... Indian Agency, in the Province .....................................at a meeting, held at dgenoy O ff lo e (Nama of Province b full) ( Name of PUc* j this. Seventeenth ................d A a _ y _ of , . ........ . O .. c ... t ... o .. b ... e ... r .. ............... A A .D n . 1 1f 9 l 56 (In Full) (Month) Do H e r e b y R e s o l v e : la Tb Adopt tha attached B&r-Lawa controlling fishing on all the reaervea of our Band* 2» That all flaea a*d penaltie# lari e<tamiar thaaa Qy^Lana be paid Into tha funda of the Cowioheantend*
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