O-CHI-CHAK-KO-SIP) FIRST NATION BY-LAW NO. 99-2 A BY-LAW FOR THE PRESERVATION, AND MANAGEMENT OF WHITE-TAILED DEER ON THE O-CHI-CHAK-KO-SIPI FIRST NATION RESERVE W HEREAS THE Council of O-Chi-Chak-Ko-Sipi First Nation desires to m ake|by-|aw governing the preservation, protection and management o f white-tailed deer on lands; AND WHEREAS the Council has die power to make such a by-law under pa 81 (1 Xo), (q) and (r) o f the Indian Act BSC 1985 c. 1-5; AND WHEREAS such a by-law is considered expedient and necessary to prov ifl foi the preservation, protection and management of white-tailed on reserve lands; NOW THEREFORE the Council of the O-Chi-Chak-Ko-Sipi First Nation ma following by-law: Short title: 1. This by-law may be cited as The O-Chi-Chak-Ko-Sipi First Nation Whit^ Deer By-Law. Interpretation: 2. In this by-law, Agriculture Canada means the Government of Canada departmer : called the Department of Agriculture; band member means a member of the Indian band called O-Chi-Cjiak-Ko- Sipi First Nation; Council means the band council, as defined in the Indian Act, o f f»e O- Chi-Chak-Ko-Sipi First Nation; First Halion means the O-Chi-Chak-Ko-Sipi First N ation; habitat means the soil, water, food and cover compc nents of the : atural environment that are necessary to sustain wildlife; hunting means chasing, driving, flushing, attracting, pursuing, wohying, following after or on die trail o f searching for, trapping, attempting to trap, shooting at, stalking or lying in wait for wildlife whether or not the wildlife is subsequently captured, killed, taken or wounded, but does not including stalking, attracting, searching for or lying n wait for wildlife by 8 0 0 0 •9 'Î 'H ‘Ï \ d t t i - z - 4 e s 1 ~ L 7 f f ■ the i 96T* C8je m XVd Cc:si ia j 66/U/tO * 9 3 f i P R 1 9 « i l 0 0 5 3 1 1 0 7 7
I an unarmed person solely for the purpose of watching or taking p itures of the wildlife; wildlife tag means a unique identification tag issued under this b> law; license means a valid and subsisting license issued under this by-kw; person includes a first nation, municipal corporation, partnershipj society, organization, club, and unincorporated association; ^ to process includes to slaughter an animal or to maki or obtain a iroduct from an animal; i reportable disease means a reportable disease as prescribed for tqb purposes of s.2 o f the Health o fA nimals Act SC 1990 c.21\ reserve means the lands defined as a reserve within the meaning (if the Indian Act and set apart for the use and benefit o f the O-Chi-Chak-Ko-Sipi First Nation, ■ resolution means a recognized declaration of intent duly authorized by Council at a duly authorized meeting of Council and recorded and incorporated in the official minutes; trade means offer for sale, expose for sale, advertise for sale, sell, buy, barter, exchange, deal or solicit; trapping means taking, capturing or killing or attempting to take,|;apttyre or kill wildlife by any means or contrivance designed to enclose, capture, hold, ensnare or otherwise restrain an animal, whether or not that means or contrivance kills the animal or not. uniquely identified means identified by means of (a) an O-Chi-Chak-Ko-Sipi First Nation wildlife tag, (b) a federal health of animals tag issued by Agriculture C ana$ under the Health of Animals Act, and (c) where applicable, a United States Department of Agricultuis tag issued under the Identification of Animals far Inter-State o f International Movement Regulations (United States); veterinary inspector means (a) a veterinary inspector as defined in the Healti of Animals Regulations, (b) a veterinary inspector appointed under the A limai Disease Act (Manitoba) RSM 1987 c.A-85, and (c) a person qualified to practice veterinary mec icine under tb< laws of the place nc or she practices and authorized by Council to i induct examination of wildlife animals under this bÿ-law, 2 600 0 ' D ' î ' ï ' ï 98U C86 m XVd CC ST IMJ 06/CZ/fO
wildlife means a vertebrate of any species or type which is wild by attire, but does not include fish; wildlife farm means an area where wildlife is kept, raised, bred or propagated in captivity, for any purpose; wildlife farm animal means a wildlife animal which was bom or is or has been kept or raised on a wildlife farm; wildlife officer means a person appointed as a wildlife officer by Council under section 4. Application of by-law 3. (1 ) This by-law applies within the reserve of O-Chi-Chak-Ko-Sipi First Nat|>n. (2) The Schedules are part of this by-law. (3) Where a form is prescribed in this by-law, the form used may vary from t le prescribed form as long as it contains all o f die relevant information refefred to in the prescribed form. (4) This by-law shall be interpreted in such a way as not to conflict with the Health o fA nimals Act and Regulations. (5) This by-law shall be interpreted in such a way as to supersede provincial jurisdiction over the preservation, protection and management of white-tailed deer within reserve lands. iiyjidtife officers 4. (1) Council may by resolution appoint one or more wildlife officers to perform the functions of administration and enforcement called for in th$ by law. (2) Council may by resolution empower the Band Constable to perform the functions of a wildlife officer as defined in this by-law. (3) Council may in the resolution provide for reasonable remuneration to be paid to a wildlife officer so appointed. 0T0® sen css m v/d k si itu 66/ez/fo
Agreements for joint action 5. Council may on behalf of the First Nation enter into an agreement with the government o f Canada, the government of a province or territory of Canada, : thi i government of a foreign country or a state thereof, or an agency o f any o f the foregoing, or with a municipality or local government district, or any person (a) tne joint management o f wildlife, or mutual assistance in the cnforcelenJ of laws relative to wildlife; (b) the development and implementation of joint informational, educational training programs (c) the conduct of joint biological or ecological investigations; T (d) reciprocal arrangements for fees to be charged for licenses, permits a id tags issued under this by-law and their counterparts issued in other jurisdftions (e) the joint management of wildlife habitat; (f) the development and implementation of joint programs for the contre of damage caused by wildlife; (g) the development and implementation of joint programs for the contre of wildlife animals; or for all or any of those matters, and the agreement may include provisions : contributions by the First Nation toward the cost of implementing its provisions. G eneral prohibition on hunting and trapping 6. ( 1 ) No person shall engage in hunting or trapping within the reserve except i permitted in this by-law and the O-Chi-Chak-Ko-Sipi First Nation Hunti \ By-Law (No. 99-1). White-tailed deer protection measures 7. ( 1 ) Council may by resolution designate part of the reserve as wildlife prote tioi i areas and may prohibit developments that would adversely impact on w ite- tailed deer habitat. (2) Council may by resolution prohibit hunting by all persons within dcsigr ted areas or during specified seasons W ildlife farms 8 (1) Council may by resolution develop wildlife farms for the captive propaj itiofi of white-tailed deer (2) Council may by resolution enable the wildlife farms to engage in any o he following commercial activities: (a) sale o f live white-tailed deer (b) licensed trophy hunting for sport hunters j (c) photographic and viewing opportunities ! (d) capture of white-tailed deer on reserve TTO® sen C86 m ivd n in iaa ee/cz/to
Licenses 9. (O (a) No person shall establish or operate a wildlife farm, unless the person holds a valid and subsisting wildlife farm license issued under this by-law, (b) No person shall possess a white-tailed deer unless authorizfd to do so under the provisions o f this by-law Application (2) A person wishing to obtain a license shall (a) submit an application to Council on an application form as|set out in Schedule “A”; (b) provide Council with any other information it considers necessary, and; (c) pay a fee of $100.00 Issuance (3) Council may issue a license in the form of Schedule ”B”, with or ifithdut additional special conditions. Renewal (4) Unless renewed in accordance with subsection (a), a license expire 11o n December 31 o f the year of its issuance or renewal, as the case m af b1 e. (a) Council shall renew a license if the license-holder (i) is in compliance with this by-law and any conditions tc|whlch the license is subject; and (ii) pays a fee of $100.00. Suspension (5) Subject to subsection (6), Council may by resolution suspend for iy period that it considers appropriate or cancel a license if the licens -holder fails to comply with this by-law or any condition to which the lice iseis subject. i (6) Council may not suspend or cancel a license under subsection ( 1 ) without first giving me license-holder reasonable notice and an opportunity to be heard. I (7) Despite subsections (5) and (6), where it is in the opinion of C ourfil ii idle public interest to do so, Council may by resolution immediately ip®id or cancel a license, and on die suspension or cancellation, giving the ceijise-holder (a) written notice of the suspension or cancellation, and 5 ZT0® ' S ' Î ' Ï 'H 96U £96 m IVJ S£ ST IHd 66/CZ/tO
(b) an opportunity to be heard within 15 days of the suspensioi or cancellation. (8) Suspension or cancellation under this section is in addition to any ther penalty that may be imposed under this by-law or any other law. W ildlife farm facilities 10. On a wildlife farm, animal enclosures shall have the following features: (a) contain natural bluffs comprised of trees and shrubs; (b) a perimeter fence constructed with wire mesh game fence, at least § feet high with poles spaced no more than 20 feet apart; (c) secure locked gates to prevent escape o f animals or unauthorized ; lblic entry; (d) handling facilities that enable die animals to be held. Husbandry 11. An adequate standard of white-tailed husbandry and care shall be provided ndme operator is responsible for ensuring that the following requirements are met i (a) stocking density shall not exceed three (3) adult white-tailed deer er afcre. (b) white-tailed deer animals shall be provided with feed and water a< uate to meet normal seasonal maintenance and production requirement (c) dehorning, antler removal, semen collection and all other white-ta ed deer handling procedures shall be conducted in a humane manner; (d) no person who holds white-tailed deer shall allow them to (i) roam free, (ii) escape from captivity, or (iii) be released to the wild.. (e) white-tailed deer bom on a wildlife farm shall be uniquely identifild. Records 12. A wildlife farm operator shall maintain written records for each animal in it possession containing the following information: (a) dates of birth and death, dates and particulars of purchase and sale, % identifying visual characteristics, («0 unique identification tag numbers, and (e) dates and particulars of changes in unique identification. Inspections 13. A white-tailed deer farm operator shall make all white-tailed deer animals lftld the farm available for inspection at all reasonable times by: (a) a wildlife officer, (b) a veterinary inspector authorized by Council, or (c) an Agriculture Canada Inspector ciota ‘9*a*aH 96 U C86 m IVi SC ST IHd 68/CZ/tO
Exports 14. No person shall export from the reserve a white-tailed deer, part o f a white- died deer, or a white-tailed deer product unless he acquires an export permit by resolution of Council Enforcement 16. Everyone commits an offense who (a) fails to observe or contravenes any provision o f this by-law or any ban, restriction or rule imposed under it; or (b) resists or willfully obstructs a wildlife officer or a veterinary inspector in the performance of any duty or in the exercise of any power under this by-law. 17. Where an act or omission in contravention of this by-law or any ban, restriclon or rule imposed under it continues for more than one day, the act or omission s rail be deemed to be a separate offense committed on each day it continues, and mi y be punished as such. 18. A peace officer may arrest without warrant a person the officer finds appare illy committing an offense under this by-law and bring the person before a cour o f competent jurisdiction to be dealt with according to law. Penalty 19. A person who commits an offense under section 16 is liable on summary cc iviction to a fine not exceeding $1,000.00 or to imprisonment not exceeding 30 day: or to both. Severability 20. Should a court determine that a provision of this by-law is invalid for any n ison, the provision shall be severed from the by-law and the validity o f the rest o the by law shall not be affected. 7 n o ® o a a a 96T* C86 m XVd St ST,IHJ ee/cz/ to
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SCHEDULE “A” (section 9) O-CHI-CHAK-KO-SIPI FIRST NATION APPLICATION FOR W ILDLIFE FARM LICENSE Name of applicant: Contact person: Mailing address: Telephone no.: Fax no.: Location of farm: Attach proof of possession o f land. Describe perimeter fence: w wire (height to top, material, density): w posts (length, thickness at top, depth in ground): w additional measures to assist containment (electrification, fence alarm, buffer fence): w gates on perimeter (width, height, construction, locking): w barbed wire location on perimeter fence: . Show or describe proposed comer brace construction: Describe land to be included in game farm (i.e. grassland pasture, open/dense for st, meadow/muskeg - give approximate percentages): Does natural bush exist in land included in proposed elk farm? Provide sketch layout of proposed elk farm including perimeter fencing, gates, lu|idling system, quarantine pen and waterers. w Number o f suitable habitat acres in initial elk farm plan: w number o f acres if application is for expansion: Type of squeeze chute: [SCHEDULE "A'', confirmed] 9 910 0 •3‘î ' ï ' ï 901* C96 *02 ÏVJ 9C ST H U 60/C2/*O
Type of handling modules: Provide scale drawing including dimensions of the proposed handling facility inc iding: w alleyway leading to handling pen w gates w handling pens or modules w squeeze chutes w loading facilities w water supply w quarantine facility I agree to comply with the 0-Chi-Chak-Ko-Sipi First Nation White-tailed deer By Law. Signature: Date Fee: S100.00 10 it n o ® • 3 ' Î T Ï 96T^ C8i *0Z XVJ 9E ST IHa 66/CZ/tO
SCHEDULE “B” (Section 9) O-CHI-CHAK-KO-SIPI FIRST NATION W ILDLIFE FARM LICENSE Name: Mailing address: is hereby licensed under O-Chi-Chak-Ko-Sipi First Nation White-tailed deer By- lw to operate an elk production farm at the following location: Conditions/restrictions: Expiry date: Chief Date: NOTICE: This license is not transferable. I 11 $10® 96Tt C m XVd Li ST I Hi 66/CZ/fO T
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.